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HomeMy WebLinkAbout01/20/1998 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REG. SESSION SHAKOPEE, MINNESOTA JANUARY 20, 1998 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Approval of Consent Business - (All items noted by an * are anticipated to be routine. After a discussion by the Mayor,there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Recess for an Economic Development Authority Meeting 9] Re-convene 10] Approval of Minutes: December 2, 11, 16, and 23, 1997, and January 6 and 13, 1998 *11] Approve Bills in the Amount of$1,186,760.46 12] Communications 13] Public hearings 14] Recommendations from Boards and Commissions A] Rezoning of Property Located North of Valley View Road and East of Marschall Road from Agriculture (AG)to Urban Residential (RI-B) - Ord. No. 510 B] Text Amendment to the City Code Regarding Adult Oriented Businesses - Ord. No. 511 and Ord. No. 514 C] Text Amendment to the City Code Regarding Planned Unit Developments - Ord. 512 D] Police Chief Candidates TENTATIVE AGENDA January 20, 1998 Page -2- 15] General Business A] Community Development 1. Discussion of Exotic Animals as Pets 2. Request to Re-Name Old County Road 18 3. Establishment of Transit Commission B] Public Works and Engineering 1. Scott County Highway Turnbacks Memo of Understanding *2. CSAH 69/CSAH 101 Signal Agreement for Participation in the Operation of Traffic Control Signals and Integral Street Lights - Res.No. 4828 3. Feasibility Report for New Street Connection Between Existing CR 18 and New CR 18 4. Feasibility Report for 1998 Reconstruction Project 1998-1 -Res. 4826 *5. Joint Powers Agreement for 1998 Street Maintenance Work C] Police and Fire 1. Award Bid for Fire Pumping Engines D] Park and Recreation 1. Computer Software Upgrade E] General Administration *1. Reduction of Letter of Credit *2. Amend City Code Relating to Beer Licenses *3. Application for Premises Permit-Prior Lake Lions Club -Res. No. 4829 *4. 1998 Pay Plan for Firefighters- Res. No. 4830 5. Excess Fire Station Property Update 6. Accountant Job Description *7. Life Insurance through Southwest West Central Service Cooperative (SWWC) 8. Seagate Project- Funding future needs for semaphore and traffic signals 16] Other Business 17] Recess for an executive session to discuss matters permitted under attorney-client privilege 18] Re-convene 19] Adjourn • TENTATIVE AGENDA • ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Adjourned Regular Meeting Tuesday,January 20, 1998 1. Roll Call at 7:00 p.m. 2. Approval of the agenda 3. Approval of Minutes: December 2, 16,and 23, 1997; January 6 and 13, 1998 4. Financial A.)Approval of Bills 5. TIF Request for Senior Housing Project-Dean and Dan Walden 6. Downtown Signage Funding Participation 7. Other Business: 8. Recess for an executive session to discuss matters permitted under attorney-client privilege 9. Re-convene 10. Adjourn edagenda.doc OFFICIAL PROCEEDINGS GS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE,MINNESOTA REGULAR SESSION DECEMBER 2,1997 Members Present: Henderson,DuBois,Link, Zorn and President Sweeney. Members Absent: None. Staff Present: Mark McNeill, City Administrator, R. Michael Leek,Community Development Director; Paul Snook,Economic Development Coordinator. Others Present: Bruce Loney,Public Works Director,Jim Thomson,City Attorney and Judith Cox, City Clerk. 1. ROLCAli.. President Sweeney called the meeting to order at 7:01 p.m. Roll was taken as noted above. 2. Approval of Agenda. The following item was added to the agenda: 6.A. Seagate Proposal. Henderson/Zorn moved to approve the agenda as modified. Motion carried unanimously. 1 • U_1 • 14 7 u • 1. • Zorn/Link moved to approve the November 5, 1997,minutes. Motion carried unanimously. 4. Fines• A. Approval of Bills. President Sweeney noted that the Blocks 3 and 4 payment included a final payment for the Brambilla property. Link/DuBois moved to approve bills in the amount of$122,033.24 for the Blocks 3 and 4 Fund. Motion carried unanimously. t to exceed" Paul Snook advised that pursuant to the EDA's dtion to for a Minnesota Deper into a oartment of Trade and with Community Partners for grant preparation services was drafted and Economic Development Small Cities Development Program grant,an Agreement presented to the EDA for its consideration. Mr. Snook stated�s the amountrecondat on was to go fforward depending upon Staff's assistance. Mr. Snook stated that with the professional services contract. Burl Zorn inquired if the proposed Agreement was approved Official Proceedings of the December 2, 1997 Shakopee Economic Development Authority Page -2- by the EDA Ad Hoc Committee,to which Mr. Snook replied that it had not been formally presented to the Ad Hoc Committee,however,the Committee did seem in favor of it. Jane DuBois inquired what the timeframe was for completing the application, and Mr. Snook stated he believed the application would be finalized by the fall of 1998. Zorn/DuBois moved to enter into the Professional Services Agreement with Community Partners, Inc. as presented. Motion carried unanimously. 6. Other Business. A. Seagate Proposal. Paul Snook noted that Seagate Technology was considering building a 340,000 square foot research and development facility in the Valley Green Business Park. The company would bring in approximately 1,276 full-time employees. Mr. Snook stated that the original plan was to look at Minnesota Investment Funds in the amount of$500,000 from the Department of Trade and Economic Development,however, DTED has stated that those funds will not be available. Bob Sweeney noted that a TIF district will need to be established and that timing would be of the essence. Roger Guenette, from Advanced Resources Development and representing Seagate, approached the podium and stated that the company had looked at four sites and narrowed their decision to two sites and now feel that Valley Green is the best option. Mr. Guenette stated that he felt the project would meet with the EDA and City Council's expectations. Mr. Guenette noted that he was disappointed to learn of DTED's response,however he understood the rationale and hoped to work within the proposal. He also noted that construction needs to begin by March, 1998. The site will need to be prepared over the winter months. Mr. Sweeney noted that the TIF financing needs to be initiated and the EDA could not go forward without an application. Mr. Guenette stated that the company is working on the TIF application and a letter of intent. Burl Zorn stated that he did not understand how DTED funds could not have been received for this project and Mr. Guenette replied that although there are situations where DTED is not anxious to participate,there are situations where it will participate. Burl Zorn inquired whether the City of Bloomington needed to be notified in order to establish a new TIF district and Attorney Thomson stated there was no need to notify the City of Bloomington to establish the TIF district. John Yanta,United Properties, approached the podium and stated that without some type of inducement from the City and the County, Seagate would not be here. Mr. Yanta stated that he worked with Seagate for eight years and during that time the company has expanded not only in the United States but also abroad. Mr. Yanta further stated that the Seagate Project will result in the development of restaurants,hotels,etc. Jane DuBois inquired whether Seagate had approached Scott County for help to which Mr. Guenette stated that it had not. Mr. Zorn inquired about ballpark figures for engineering and grading. Jon Albinson,Valley Green Business Park, approached the podium and stated that estimates were received in November and could be relied upon. Jeff Henderson noted that the City went through a similar project with ADC and thought that Seagate met the type of project the Council was looking for. Official Proceedings of the December 2, 1997 Shakopee Economic Development Authority Page -3- Henderson/Zorn moved to recommend to City Council that staff be directed to move forward with negotiations to bring forth a letter of intent and proposed financial figures to the City Council at its December 16, 1997,meeting. Cletus Link reminded the EDA and those present of the future fire station site. Mr. Sweeney stated that fiscal disparities would not be a problem with this project. Mr. Zorn asked for confirmation regarding Valley Green paying for street improvements and Jon Albinson replied that basically was accurate information. Mayor-elect Jon Brekke, stated that he looked forward to working with Seagate and supported Mr. Henderson's motion. Councilwoman-elect Deb Amundson echoed Mr. Brekke's comments. Motion carried unanimously. 7. Adjourn. Henderson/Link moved to adjourn. Motion carried unanimously. The meeting was adjourned at 7:58 p.m. jitiAt j. ei , C5 udith S. Cox EDA Secretary Janet Vogel Freeman Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA ADJOURNED REGULAR SESSION DECEMBER 16, 1997 Members Present: Henderson, DuBois, Link, Zorn, and President Sweeney Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director, and Paul Snook, Economic Development Coordinator Others Present: Gregg Voxland, Finance Director; Judith S. Cox; City Clerk; Jim Thomson, City Attorney: Bruce Loney, Public Works Director; and Mark McQuillan, Park and Recreation Director 1. Roil Call President Sweeney called the meeting to order at 7 p.m. Roll was taken as noted above. 2. Approval of Agenda President Sweeney explained that following discussion relating to Seagate Technology's application for Tax Increment Financing, the EDA meeting will recess for an executive session to follow the City Council meeting . Henderson/Zorn moved to approve the agenda as submitted. Motion carried unanimously. 3. Approval of Minutes (No Minutes Available) 4. Financial A. Approval of Bills DuBois/Link moved to approve bills in the amount of$48.66 for the EDA General Fund and $167.45 for the Blocks 3 & 4 Fund. Motion carried unanimously. 5. Downtown/1st Avenue Revitalization Committee A. Informational Item: Minutes of the November 19, 1997, Meeting Official Proceedings of the December 16, 1997 Shakopee Economic Development Authority Page -2- B. Recommendations to EDA Paul Snook reported that the Downtown /1st Avenue Revitalization Committee has recommended that staff submit Requests for Proposals to certain consultants for visioning/strategic planning facilitation services for Downtown / 1st Avenue revitalization. A discussion ensued regarding Requests for Proposals and the costs involved. Zorn/DuBois moved to direct staff to send out RFP's to the National Main Street Center, Bert Stitt &Associates, Inc., and Hyett-Palma, Inc. for visioning / strategic planning facilitation services for Downtown / 1st Avenue revitalization. Jon Brekke, approached the podium and asked what areas of 1st Avenue will be covered in the vision and strategic planning. He suggested that the Committee's charge should include clearly delineating those areas at the EDA level. He encouraged the EDA to think about the area of the vision. A discussion ensued relating to ownership of the project and the purpose of the Ad Hoc Committee. Comm. DuBois stated that if the downtown people do not take ownership to get the project moving, there will not be a project. She said there would also likely be a number of sub-committees as a result of the Downtown Ad Hoc Committee. Commissioner Henderson stated that the primary charge of the Downtown Ad Hoc Committee was to develop both long and short term goals and to come back with projects and recommendations. President Sweeney noted that the housing in the immediate downtown area was included as part of the area to be reviewed by the Committee. Paul Snook explained that the role of the consultant will be that of a facilitator. The issues and concerns will come from the Committee. Jon Brekke approached the podium and asked if a geographical area has been delineated for 1st Avenue. President Sweeney explained that the specifics in terms of blocks will be included at some point in the future. Motion carried unanimously. 6. Seagate Technology -Application for Tax Increment Financing Zorn/DuBois moved to grant preliminary approval to Seagate's Tax Increment Financing application. Official Proceedings of the December 16, 1997 Shakopee Economic Development Authority Page -3- In response to a question as to a penalty, should phase two not go forward, Geoffrey Mayer, Director of Corporate Real Estate for Seagate Technology, explained the phasing process. He said it is anticipated that by March, 1999, the new facility will be open. The remaining area is anticipated to be completed by 2002. He said penalties would likely be addressed in the development agreement. Roger Guenette, representing Seagate, explained that as this is a pay-as-you-go arrangement and should the second phase not be completed. less increment would be generated and less proceeds would go back to the company. The possibility of the second phase not being constructed has not been discussed as the company has identified the site and acreage as part of the transaction for the purchase agreement. He said the company continues to view this as a two phase project. Mr. Mayor explained that there are about 1,200 employees in Bloomington that will be transferred to Shakopee. There are two divisions of Seagate that operate in Minnesota. The TCO division deals with research and development. They currently occupy five or six buildings, and they are consolidating them into one building which they would like to build in Shakopee. They expect to transfer 715 employees in Phase I, 511 employees in Phase II, and create 120 new positions within the next two years. Comm. DuBois asked what the impact of a tax increment project would be on the general taxpayer. President Sweeney responded that the cost to the City would be for providing services such as snow removal, fire protection, and police protection. Mr. Guenette stated that the project would equate to approximately $4.3 million over the duration of the term. President Sweeney recessed the EDA meeting at 7:48 p.m. to after the City Council meeting, which followed. The meeting re-convened at 9:51 p.m. President Sweeney recessed the meeting for an executive session to discuss matters permitted under attorney- client privilege. President Sweeney re-convened the meeting at 9:58 p.m. and stated that no action was taken during the executive session. Official Proceedings of the December 16, 1997 Shakopee Economic Development Authority Page -4- 7. Adjournment Henderson/Sweeney moved to adjourn to Tuesday, December 23, 1997, at 7 p.m. Motion carried unanimously. The meeting was adjourned at 9:58 P.M. Judith S. Cox _EDA Secretary Ester Ten Eyck Recording Secretary \ Y OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE,MINNESOTA ADJOURNED REGULAR SESSION DECEMBER 23, 1997 Members Present: Henderson, DuBois,Link,Zorn and President Sweeney. Members Absent: None. Staff Present: Mark McNeill, City Administrator. Others Present: Steve Bubul, City Attorney; Judith S. Cox, City Clerk; and Gregg Voxland, Finance Director. 1. Roll Call. President Sweeney called the meeting to order at 7:00 p.m. Roll was taken as noted above. 2. Approval of Agenda. Henderson/Zorn moved to approve the agenda. Motion carried unanimously. 3. Res.No. 97-13 -Approving Modifications of Tax Increment Financing Plans for Tax i cr•m• i . D' t ' No 1 o ' • i s a i s ified ' ed•v•1' s men Plan for Project No. 1. Gregg Voxland approached the podium and stated that the remaining steps necessary to modify the TIF Plan and Budget were for the EDA to adopt a resolution approving and adopting the modification to the plan and budget. Mr.Voxland stated that the reasons for the modifications were to bring the budget up to date for actual costs/revenues;to update the budget with current projections of future cost/revenues and to reformat the budget to match the reporting requirements of the State Auditor. He further noted that the revision did not add any new TIF districts, extend or expand the life of any districts or add any expenditures for new projects. Henderson/Link offered Resolution No. 97-13,A Resolution Approving Modification of Tax Increment Financing Plans for Tax Increment Financing District Nos. 1, 2, 3, 6, 7 and 9 and a Modified Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1, and moved its adoption. Motion carried unanimously. 4. Res.No. 97-14-Decertifying TIF District No. 6 (Motel). Gregg Voxland reapproached the podium and recommended closing TIF District No. 6 as of 12/31/97 per previous Council discussion due to the small dollar amount involved. Official Proceedings of the December 23, 1997 Shakopee Economic Development Authority Page -2- Link/DuBois offered Resolution No. 97-14,A Resolution Closing Tax Increment Financing District No. 6,and moved its adoption. Motion carried unanimously. 5. 6 • • 1 '7-1 - 1 • • r' L 'o . r' Burl Zorn noted that there was $115,000 in future revenue and questioned whether closing District No. 2 was worthwhile. Mr. Bubul stated that it was prudent to close District No. 2 due to the ambiguity in the law as to what the money can be spent on. Henderson/DuBois offered Resolution No. 97-15,A Resolution Closing Tax Increment Financing District No. 2, and moved its adoption. Motion carried unanimously. 6. Other Business. There was no other business. 7. Adjourn. Henderson/Link moved to adjourn. Motion carried unanimously. The meeting was adjourned at 7:06 p.m. tkotiA).0/?(, with S. Cox DA Secretary Janet Vogel Freeman Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA ANNUAL MEETING JANUARY 6, 1998 Members Present: Amundson, Brekke, DuBois, Link, and President Sweeney Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director, and Paul Snook, Economic Development Coordinator Others Present: Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Bruce Loney, Public Works Director; and Jim Thomson, City Attorney 1. Roll Call President Sweeney called the meeting to order at 7:02 p.m. Roll was taken as noted above. 2. Approval of Agenda DuBois/Brekke moved to approve the agenda as submitted. Motion carried unanimously. 3. Approval of Minutes Link/DuBois moved to approve the November 18, 1997, minutes. Motion carried with Comms. Brekke and Amundson abstaining. 4. Election of Officers President Sweeney opened nominations for the position of EDA President. Comm. DuBois nominated Cletus Link for President of the EDA, seconded by Comm. Amundson. Having no further nominations Comm. Brekke moved to cast a unanimous ballot for Cletus Link for President of the EDA, seconded by Comm. DuBois. Motion carried unanimously. Comm. Sweeney passed the gavel to Pres. Link. President Link opened nominations for the position of Vice President of the EDA. Comm. DuBois nominated Robert Sweeney as Vice President of the EDA, seconded by Comm. Amundson. Official Proceedings of the January 6, 1998 Shakopee Economic Development Authority Page -2- Having no further nominations Comm. Brekke moved to elect Robert Sweeney as Vice President of the EDA, seconded by Comm. Amundson. Motion carried unanimously. President Link opened nominations for the position of Treasurer of the EDA. Comm. Sweeney nominated Deb Amundson as Treasurer of the EDA, seconded by Comm. Brekke. Having no further nominations Comm. Sweeney moved to cast a unanimous ballot for Deb Amundson as Treasurer of the EDA, seconded by Comm. Brekke. Motion carried unanimously. 5. Financial A. Approval of Bills Sweeney/DuBois moved to approve bills in the amount of$400.52 for the EDA General Fund and $25,665.10 for the Blocks 3 &4 Funds. Motion carried unanimously. 6. Other Business A. Update on Status of Seagate Development Paul Snook reported that after meeting on January 6,1998, with Seagate representatives, Valley Green Business Park staff and City legal counsel to discuss the project's situation and timelines, no additional changes were made. 7. Recess for an Executive Session to Discuss Matters Permitted Under Attorney-Client Privilege The meeting was recessed at 7:13 p.m. for an executive session to follow the City Council meeting, in order to discuss pending litigation. 8. Re-Convene The meeting was re-convened at 10:14 p.m. No action was taken during the executive session 9. Adjournment Sweeney/Brekke moved to adjourn to Tuesday, January 13, 1998, at 5 p.m. Motio ca 'ed unanimously. The meeting was adjourned at 10:15 p.m. IIP 101 h� '. Cox, E ecretary er TenEyck, Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE,MINNESOTA ADJOURNED REGULAR SESSION JANUARY 13, 1998 Members Present: Amundson,Brekke, Sweeney,and President Link Members Absent: DuBois Staff Present: Mark McNeill, City Administrator; R.Michael Leek, Community Development Director; and Judith S. Cox, City Clerk 1. Roll Call President Link called the meeting to order at 7 p.m. Roll was taken as noted above. 2. Approval of the Agenda Sweeney/Brekke moved to approve the agenda as printed. Motion carried unanimously. 3. Other Business There was no business to come before the EDA. 4. Adjournment Brekke/Sweeney moved to adjourn to Tuesday,January 30, 1998, at 7 p.m. Motion carried unanimously. The meeting adjourned at 5:02 p.m. II.titik i-, 0/)6 if ith S. Cox EDA Secretary Recording Secretary #44/i CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: January 15, 1998 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 projects for the period 12/31/97 to 01/15/98 . There are 2 bill lists due to the break between 1997 and 1998 business . Action Requested Move to approve bills in the amount of $1,465 . 31 for the EDA General Fund and $29, 531 . 01 for the Blocks 3&4 Funds . E 0 0 0 0 0 0 0 0 0 0 0 0 11 H 0 0 0 0 0 0 0 0 0 0 0 O II A • • • • UCil) 0 0 0 0 0 0 0 0 0 0 0 • f U U I oN (NI co N N cc- H H H H CO H II 0 N V) Ln de de de de de V. 1. 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H Ir 01 Qt 01 01 H M 0 M * H H H w 0 w * O 01 Z Z X 0 Zy H H r-I r-I a H O FG H �'7 oH H r1 H 0 H u1 0 H E Tr w w w 0 H 0 w Ix H 0 E C.7 HHHH a, 0 W rn a 0 W C4 01 01 01 CT reI 0 w ,-1 0 0 o O O 4 rn O O 4 w w E Cl. Cu E fx H HO101 H0 0 0 C - - H - 4E-1 0 4E * 4. w * * A HO rn E E Z H H H O * M 0 0 * * C., HHHH E E 44 w E E * * CITY OF SHAKOPEE Memorandum a II) TO: Economic Development Authority FROM: Mark McNeill,Executive Director SUBJECT: Walden TIF Request DATE: January 15, 1998 INTRODUCTION: The EDA is asked to give direction as to whether it wishes to establish a TIF District to assist a proposal for a senior housing project. BACKGROUND: The attached letter was received by City staff last week. It is a request for tax increment assistance from Dean and Dan Walden. As shown, they are proposing to construct a 72 unit senior housing project on a parcel of land that they own on County Road 16. east of the intersection with Marschall Road. Their development consultant Dan Wilson,has requested TIF assistance on their behalf. INITIAL PROPOSAL: They cite bedrock as a significant expense in developing the property, and therefore initially requested a"soils correction"TIF. I discussed this with the Waldens' development consultant, and advised that I would put this on the EDA agenda for your consideration, but it would be with a negative staff recommendation. There were two major reasons for this: l.. City Attorney Steve Bubol indicates that bedrock may be a way to justify tax increment for soils correction for market rate projects. However,high bedrock is common throughout the"valley"portion of Shakopee. If it is justified for this development,there is a precedent that would be set for future developments in the area. Typically, the City has not used tax increment to assist housing projects, unless for redevelopment as in the case of the Blocks 3 and 4 project. 2. The 55 and older market rate rental housing would be in direct competition with the 52 units currently being constructed on Blocks 3 and 4. The City is a guarantor of those bonds. Until the Blocks 3 and 4 project is fully rented ona consistent basis, it makes no sense for the City to place itself at risk with a competing similar development. REVISED PROPOSAL: After discussing this further with his clients, Mr. Walden reports that they understand the concern expressed by staff as to competition with the Blocks 3 and 4 project. Instead,they now ask that the City consider establishment of a housing tax increment district, with income limits to qualify it according to guidelines. (Typically,the residents are limited to making 80% of area median income.) Staff cannot be supportive of this concept either, assuming that the EDA wishes to continue with the past practice of not utilizing tax increment funds to assist housing development projects. If, however,this is something that the EDA wishes to review as a new policy, it can direct staff to do that. I spoke with Scott County HRA about the low income concept. They cautioned that before any commitments are made, a study should be done as to whether the market would be able to absorb 72 of these units. In addition, while the tax increment maybe able to assist somewhat, there is very little funding otherwise available through HUD for low income senior housing. They noted a pending"crisis"for government assisted,but privately owned senior housing. There are about 500 units in Scott County who are approaching a time when their owners may seek to prepay mortgage and eliminate their assisted status,and go to a market rate (meaning they can charge full rental amounts). Information which was received from the SCHRA is attached, including a list of housing which would be eligible soon to opt out of the programs. RECOMMENDATION: Unless the EDA wishes to vary from its previous stance regarding the ineligibility of tax increment for housing projects,we recommend declining the request. ACTION REQUIRED: The EDA should give direction as to whether it wishes to investigate the use of tax increment for the Dean and Dan Walden senior housing project. Mark McNeill Executive Director MM:tw CC: Paul Snook, Economic Development Coordinator Dan Wilson, Wilson Development FULLER — �� - 1►, VA: 6S © I r- \`��'_._ SIMS 0oit € oD PARK `H❑LMES 0 ►► � = LEWIS UliD � .�' �a �� �� � 4� ao p,� o o ®o �oa� m ,„,,,, 0O S❑MMERIV1i ! \6030000aSD I SPENCER ,==\ a 1 I I I UO RD , 1 RNNESEITA a] L joAt. 0 10 t„, T. s_ r � ® r fr. ' , iI 1 ii rzi 1 PRAIRIE L. VO:\ 4117 fil :Ik❑Ru• �y _ 1 NAUMKEA ST. A V C_ ANE G// =d ' ----4- C�FO SHAWMUI m ------------- ST, n LEGI❑N - ------ _0 4 ]). MARSCHALL RD. SHAWNEE '" .c-, TRAIL C SIBLEY ST, =m' _ 7 �.�� Z RAMSEY L ST. e �� � ROUNDHOUSE ST. � € N SWIFT ST.7 ^� , °~ € € m0 MILLER ST, � SgRg21� T VIKING STEELZ MERRIFL$,/6' S , aCII ? ROAD I\ IMPa C MdR � EASWAY AVE. vy___ ., �� -�-i� �n J VMN3U�U i �'IS dsnads AUSTI a 1=1 3 -o ' iS 3Un?JdS F ST, �� �� z J> o £ Fb A o '1S HSV n�ZZ b, \ ‘ b� YSNeBA � G d�E RD, ?o rg a0 I -'-< 'eJQ HVOGNVNDHS o a m �c � ed . D ti c 01:/07/1998 17:19 6124484676 WILSON DEVELOP SERV PAGE 01 WILSON DEVELOPMENT SERVICES "HELPING CITIES AND BUSINESSES GROW" January 7, 1998 Paul Snook COPY Economic Development Corporation 129 Holmes St. S Shakopee,MN 55379 RE: TIF Assistance Request Dean and Dan Walden Sr.Housing Project Dear Mr. Snook; I am writing as development consultant to Dean and Dan Walden, who propose to construct a 72 unit senior housing project in Shakopee. Due to the presence of bedrock and the resulting extra ordinary development costa, they are seeking your consideration of TIF assistance. Project Description • A set of building plans has already been submitted to the City for review. d The proposed project is a 72 unit senior(55 years and older)market rate rental housing project. The project would be built in 4 phases of 24, 16, 16 and 16 unit buildings. The project would have 58-2 bedroom units and 14-1 bedroom units. Phases would be completed as the market absorbs the units. Site The site is a 6.88 acre parcel along Eagle Creek Blvd. The site is owned by the Waldens. I understand that the City has already approved the plot plan. Construction Costs Construction costs are estimated at 4 million dollars for the entire 72 units. The first phase is estimated at 1.2 to 1.4 million dollars. The project engineer,William R. Engelhardt Associates, Inc., has prepared specifications for site work, streets and utilities. Preliminary estimates have been obtained at$700,000 to$800,000. The presence of limestone complicates the project and pushes costs beyond economically feasible limits. Potential rents simply will not support the costs. • 510 Chestnut St.,Suite 200, Chaska, MN 55318 Office: (612) 448-4630 FAX: (612) 448-4676 11/07/1998 17:19 61244b4b(b WJ.LbUN utvtLur StKv rHut u� • Financing The project will be financed with a private mortgage. The developer's equity will exceed 10% guideline required in the City TIF policy. TIF Assistance Request The developer is seeking your considerations of a request to create a soils condition TIF district. The assistance sought would be on a"pay as you go basis,"hence, eliminating • any risk to the City/HRA. The assistance would technically reimburse the developer for excessive development costs which in turn keeps rents at an affordable levelfor area seniors. I am seeking your direction as to how we should proceed with this request. We are available to meet you,your staff or consultants who may assist in the project review. Undoubtedly,you will have questions that go beyond this brief introduction. Thank you for your attention to this request. Sincere jer 1 • • Daniel H. Wilson Development Consultant . cc: Dean Walden Ale., v«-1-ru-ry r J WiLJUI`I LcvcLur JCRv I"NUt !7J • Development Team 72 Unit Senior Housing Project Shakopee, MN Owner's: Dean and Dan Walden 13731 Johnson Memorial Dr. Shakopee, MN 55379 445-2861 Fax#445.-6102 • Development Consultant: Dan Wilson Wilson Development Services 510 Chestnut St. #200 Chaska, MN 55318 448-4630 Fax 448-4767 • Contractor: Walden Brother Lumber • Architect: Steven A. Cross 19780 Jasmine Ave. • Lakeville, MN 55044 985-5318 Engineer: Dennis Saur William R.Engelhardt Associates, Inc. 1107 Hazeltine Blvd. Suite 480 Chaska,MN 55318 448-8838 Fax 448-8805 Attorney: James Schaefer 308 Bryant Ave. S Eden Prairie,MN 888-2400 1-16-1998 10:08AM FROM SCOTT COUNTY HRA 612 447 8865 P. 1 • SOOT!' COUNTY HOUSING & REDEVELOPMENT AUTHORITY ** FAX COVER LETTER**. • .t /� ,/ 11! Date: // G ! i/(/ /e11/7 FROM: William Jaffa �` 1/7/1 /ti,ge TITLE: Executive Director SC-HRA FAX # (612) 447-8865 . PAGE (s): ,: (includes cover page) °. !: FAX #: y y� ` 7�� _... r�: Please call me at (612).447-8875 in Prior Lake if all pages have not been received! • MESSAGE: Ac /2? ,4K/' 5 7/e. Li(�� Gc -el4 ,(' 7 P //u C 6 C6 "Jr?'v liv/,/�c./-/ ,�k C/� s�ss� 1-16 fi Ai 7 O G.✓,v.ec/ 1Y e eo. ///<4 . /CJD e 7 o F -e- 'tto,�s / so d U�/�`"s fr�e �� S�'w/ G� eo.v.fi 4-ems e/'/i- MI 111: 111 rl1 4I .0.r.+sf+w 1-16-1998 10:08AM FROM SCOTT COUNTY HRA 612 4.47 8865 P. 2 .il; SCOTT COUNTY, MINNESOTA • i FEDERALLY SUBSIDIZED LOW INCOME RENTAL HOUSING 1 • • Total Sec. 8 Sec_ 8 Mortgage Mortgage FI. Total Sec. 8 Renewal End Prepayment End Subsidy `I.jProject Nage C Units Units Year Year , Year Year en Type Agent ,; 'j; Belle Haven Apts Belle Plaine 16 0 0 0 0 2027 515 FmNA �I' ! • 0 2000 2030 515 FORA : Belle Haven W. Apts. Belle Plaine 16 0 0 V f:. Belle Plaine Apts Belle Plaine 24 20 0 1992 1994 2014 22104 HUD ' Britland Apts Jordan 24 0 0 0 2001 2031 515 FmHA ` Clifton Shakopee 56 ' 56 1989 2019 0 2021 MNFA `;' Hatter Crest New Prague 20 0 0 0 2006. 2036 515 FmHA 411Highwood Homes Prior Lake 36 36 1990 2010 0 2011 MHFA i'. Liberty Park Apts New Prague 47 0 0 0 0 2026 515 FmHA A Millpond Apts New Prague 44 44 2001 2011 0 2012 MHFA I' S Schutt Haus Jordan 52 52 1990 2020 0 2021 MHFA I 'li Two Hundred Levee Dr. Shakopee) 66 66 1990 2010 0 2012 MHFA li - l' Village Apts Shakopee 62 57 1991 1996 1993 2013 221D3 HUD 4l: MNFA 1; Vest Gate - New Prague New Prague 37 37 2001 2011 0 2013 YI, kI. `I: iI i 5I; II � h •i' els' • I' . •'I1 I • `i air .I' 11 il, I: ;Ii 1-16-1998 10:09AM FROM SCOTT COUNTY HRA 612 447 8865 P. 3 I. � • •{I! € =i: TO: H.R.A. Commissioners • tFROM: Bill Jaffa, Executive Director t! DATE: July 7, 1993 t •i • SUBJECT: STAFF REPORT -. VILLAGE APARTMENTS. SHAKOPEE I. Narrative Summary Twenty years ago the U.S. Department of Housing and Urban Development underwrote and insured federally funded mortgages : I • with a twenty (20) year lock. This prohibited private owners ` from going to Fair Market Rents (FMR) until the prepayment �. year at which time the owners are given an option to sell or fI continue ownership and extend the rent subsidy and HUD mortgage. I: ,.. 1. Shakopee 62 Partnership has issued HUD a Notice of Intent ;; which automatically triggers a fifteen (15) month cycle. 2. HUD automatically notifies all prospective buyers, non- I' profits, H.R.A. 's. 1. 3. Fifteen Month Cycle G A. Non-profits like Minnesota Housing Partnerships and other eligible 501 C3's have the first six months 'j to indicate interest and intent to purchase- • : I` B. H.R.A. 's cities and counties have the second six �` months to indicate interest and intent to purchase. ..1I` C. Offered for sale to the public for three months � j I thereafter. ' Shakopee 62 Partnership can decide to extend and not sell ► Sha p anytime during the fifteen month win ow. The time involved allows the owners ample opportunity to review their options, ! tax advantages, depreciation, etc. , which would impact a sale i`: or extension decision. II. Zxtension of Subsidy 1. HUD will extend the subsidy to new ownership and the H.R.A. is could assume the existing mortgage. However, the H.21.A. Would have' issue bonds to cover any shortfall, such as the h mortgage, operating difference in the purchase .price and the p g reserves, closing costs, underwriting fees and the like- i . 1! .. 1-16-1998 10:09AM FROM SCOTT COUNTY HRA 612 447 8865 P. 4 it: I. • `I III. Village Apartments ,IPin# - 27-9060180 .tl. Year Built - 1972 °I Land - 2.45 acres � Description - One story plus garden apartments; 20,800 sq. 'I° ft. each floor; 62 one bedroom units (57 s I�: subsidized .Section 8) Taxes - $46,548.12, first half paid (current) Assessed Market Value - $1,300,500. Filed in tax court disputing the assessed valuation claiming it should be lower. HUD's definition of the transfer .,I preservation value of the property of $1,515,256 is based on A the highest and best use of the property. • IV. Type of Program ;k HUD 221 D3, 62 units, 57 Section 8 Subsidized units; Section 8 Renewal year 1991; Section 8 end year 1996; mortgage 8 prepayment year 1993. 'ill f` V. Shakopee 62 _Partnership;I: ..1.,': H.R.A. called the•owner, Robert Iverson, and at first he said 'I: the building wasn't for sale and wondered why HUD sent out a 'I` notification. However, he seemed more interested when told 'I "that all H.R.A. 's and Non-Profits received the notification". , I. He will mail the Scott County H.R.A. an Operating Statement. • VI. k&Q .fl. They will mail the Scott County H.R.A. a copy of the ft HUD Handbook 4350.6, ocess,'_ • Pla s o, • ct •.: unde t - _ ow- :I income Housing Preservation and Resident Homeownership Act of 1990. tj VII. Strategy • .0 1. A. Genera, `I' 1: 1. Obtain Operating Statement II 2. Ascertain owners intent (in writing) ,7„ 3. Commission property and structural appraisal ,ali 4. Engage bond underwriters/HUD. financing/proforma R 5. Execute purchase option . 'I 6. Issueessential function bonds .'!; 7. Abate taxes lU .1I • f!`, ( t) 1-16-1998 10:09AM FROM SCOTT COUNTY HRA 612 447 8865 P. 5 7I: • VIII.Sources I Mark Campbell, Chief Loan Officer, HUD, Management and Loan Branch; Robert Iverson, Property Owner, and Tom Donovan, Owner Representative; County Assessor of Scott County, and H.R.A. file information. L �I. 11 .I • RI • I c1. 63 ,1 4# 6 CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook,Economic Development Coordinator SUBJECT: Downtown Signage Funding Participation DATE: January 15, 1998 Introduction: The Downtown Business Association and Chamber of Commerce are requesting that the City and / or EDA consider contributing one-third of the funding of a "Downtown Shakopee" directional sign,to be placed just south of the intersection of Highways 169 and 69. Staff Background: On December 12, 1997, City and Chamber of Commerce staff facilitated a meeting between downtown/ 1st Avenue business owners /managers and MnDOT regarding the lack of signage directing motorists from Hwy 101 and Hwy 169 to the Downtown area and adjacent 1st Avenue areas. Two common issues were raised by the business owners/managers: 1. There needs to be a sign on the southbound lane of the Hwy 101 bridge that reads "Hwy 69 to Hwy 169". According to some downtown / 1st Ave business owners, they feel their customers and other motorists passing through Shakopee are having difficulty locating Hwy 169 as they cross the 101 bridge from Chanhassen because there is no longer a sign on the bridge identifying Hwy 169. 2. There needs to be a directional sign placed just south of the intersection of Highways 169 and 69, on the northbound side, with the words "Downtown Shakopee" accompanied by an arrow pointing to the left. Currently the sign reads "Shakopee" accompanied by a left pointing arrow. The current sign is misleading because Shakopee is not only to the left of this intersection, as the sign indicates,but is also straight ahead along the new Hwy 169 bypass. According to the business owners,their current and potential customers and other motorists traveling north on Hwy 169 have no idea they are in Shakopee once they pass through the Hwy 69/169 intersection and continue to travel north on 169; they assume they've passed the turnoff to Shakopee (Hwy 69), and when approaching the Marschall Road and CR 83 intersections, they believe they are in another town. The DT/ 1st Avenue business owners /managers feel MnDOT should provide signage that clearly indicates when traveling from the Hwy 69/169 intersection, that following Hwy 69 dtsin$mo.doc will lead to downtown Shakopee, while following the Hwy 169 bypass will lead through Shakopee and eventually to Bloomington. Regarding the first issue,MnDOT representatives stated they would look into the possibilities of placing a"Hwy 69 to Hwy 169" sign on the Hwy 101 bridge. There would be no cost to the City or businesses for this sign. Regarding the "Downtown Shakopee" directional sign, MnDOT representatives stated that the placing of this sign is possible, but would have to be funded 100% locally; by the City and / or businesses. The estimated cost of the sign is $600 - $900 and it would have to be replaced approximately every ten years. Discussion: The Downtown Business Association and Chamber of Commerce have agreed to fund one-third of the sign cost,and are asking the City to fund the other 1/3. The EDA should consider whether it should contribute to the funding of one-third, or approximately$200- $300, of the cost of a"Downtown Shakopee" directional sign,to be placed just south of the intersection of Highways 169 and 69. Budget Impact: $200-$300 from the"designated miscellaneous"portion of the EDA budget. Options: 1. Offer and pass a motion to approve the funding of one-third, or approximately $200 - $300, of the cost of a "Downtown Shakopee" directional sign, to be placed just south of the intersection of Highways 169 and 69, with the understanding that the Downtown Business Association and Chamber of Commerce will contribute to this funding in an amount equal to the EDA. 2. Do not offer and pass a motion to approve the funding of one-third of the cost of a "Downtown Shakopee"directional sign 3. Table the issue for additional information Action Requested: Direct staff regarding the option the EDA wishes to pursue dtsin$mo.doc T MINNESOTA DEPARTMENT OF TRANSPORTATION �'r Application for Installation pf Guide and Informational Signing on Trunk Highways (T.H.) TeximerrA Applicant Name Street Address City, State and Zip Phone: ( ) Facility Name Exact Location of Facility Requested Signing Location(s) Intersection of T.H. and No. of Signs Requested: If only one, facing which direction of travel: (circle only one) East West North South Exact Distance from Signed Intersection to Business: miles NOTE: Additional guidance ("trailblazing") from the trunk highway intersection to the facility will be the responsibility of the applicant and the local road authority, as mandated by Minnesota Statutes, and must be inplace prior to installation of trunk highway signing. Applicant must read, complete, and sign the reverse side (Certification of Compliance) prior to sign fabrication and installation. TOTAL COST = //Z. Da_ (includes fabrication, installation, and overhead) MAKE CHECK OR MONEY ORDER PAYABLE TO: COMMISSIONER OF TRANSPORTATION Mn/DOT Use Only 0 Bill (State Agencies only) 0 Payment Received Dated Authorized Authorized Signature Minnesota Department of Transportation Permit No. Area T.H. R.P. C.S. 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Q j 0:, � ON CO D N 'P W (o -' � CSS FD, � 3OH1I' CJ1 ^ 0 lJ A73 0 o CA 0 M * .,'.(j3W O jE 1 x_ (..• O .. ......„ „ . , 5.9 L-15.1— -7- 10.7-1-7.3 4L-10.7 -9.3-) 66 « }�z �7 _O \ / ? / 2 ƒ ® 03 / & ea) i.2J ƒ , co (D /\ o CO r..) IV FD- / E a g Z< 0 = a It 2 / g ƒ m � A al / \ / L = m A. ƒ / CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Mark McNeill, Executive Director SUBJECT: Closed Session DATE: January 16, 1998 At its meeting of January 20th, the EDA will be asked to recess to a closed session following the City Council meeting,to discuss an item of pending litigation. 4)01 IVAIA Mark McNeill City Administrator MM:tw OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA DECEMBER 2, 1997 Mayor Henderson called the meeting to order at 7:00 p.m. with Councilmembers Jane DuBois, Cletus Link,Bob Sweeney and Burl Zorn present. Also present were Mark McNeill, City Administrator(at 7:15 p.m.); R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, City Finance Director; Paul Snook, Economic Development Coordinator; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney. Mayor Henderson recessed the meeting for an Economic Development Authority meeting. Mayor Henderson re-convened the City Council meeting at 8:08 p.m. The following additions were requested to be made to the agenda: 14.A.6., Proposed County Road 21; 14.B.6., Ron Carlson Vacation Request; 14.B.7., Police Chief Applications; 14.E.12., Recommendation of EDA on Seagate Proposal; 14.E.13., Request for SPUC participation in Seagate Proposal. Sweeney/Link moved to approve the Agenda as modified. Motion carried unanimously. Councilman Zorn asked that item 14.E.1. Cigarette Licenses,be removed from the Consent Agenda. City Administrator McNeill asked that item 14.B.5. Excess Fire Station Property,be removed from the Consent Agenda. Item 14.E.12. Recommendation of EDA regarding Seagate Proposal was added to the Consent Agenda. Zorn/DuBois moved to approve the Consent Agenda as modified. Motion carried unanimously. Liaison Reports were given by Councilmembers. Cncl.Sweeney reported that Shakopee Public Utilities has approved a budget for 1998 including a $890,000 contribution to the City's general fund. The City is proposing a$2.9 million levy and this equals 30 percent. Mayor Henderson gave the Mayor's Report. Mayor Henderson asked if there were any interested citizens present who wished to address the City Council on any item not on the agenda. There was no response. Zorn/DuBois moved to approve the minutes of November 5, 1997,Adj. Reg. Session. (Motion carried under Consent Agenda.) Zorn/DuBois moved to approve bills in the amount of$270,913.65. (Motion carried under Consent Agenda.) Official Proceedings of the December 2, 1997 Shakopee City Council Page -2- Regarding a rezoning request of Pulte Homes for property located south of 17th Avenue extended and west of CR-17 from AG to R3, Mr. Leek explained that the area is guided for medium and high density. The request was reviewed by the Planning Commission and recommended for approval. Michael Leek noted the possibility of an issue regarding the area being a potential collector street vs. a county road. Burl Zorn stated that he thought the Planning Commission had discussed making the area an R2-R3 combination to which Mr. Leek replied the area would need to be clustered and thus would not be very desirable. Jane DuBois expressed her concern regarding the property on the north side of 17th Avenue being commercial property and questioned the screening. Cletus Link stated that the City was receiving many requests for R3 zoning and it was going to need better standards for off-street parking. Mr. Leek noted that the standards for this area were two parking spots per residence. Mr. Thomson noted that the request for rezoning could be contingent upon approval of the final plat. Sweeney/DuBois offered Ordinance No. 507, Fourth Series,An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Sec. 11.03 by Rezoning Land Located South of 17th Avenue Extended and West of County Road 17 from Agricultural Preservation(AG)to Multiple Family Residential (R3)Zone, and moved its adoption. Sweeney/DuBois moved to Amend Section 2 of Ordinance No. 507, Fourth Series,to include the language"and acceptance of a final plat"after the word"publication." Motion carried unanimously. Original motion as amended carried unanimously. Staff was directed to revise the Ordinance as noted above and to go through the proper channels with the final plat submission to the Planning Commission in January, 1998. Regarding the rezoning request of Michael Gilbertson for property located south of the West 3rd Avenue frontage road and CR-69 Intersection from R3 to B1, Mr. Leek stated that this area is guided for commercial use. The Planning Commission reviewed the request and recommended approval. Zorn/Link offered Ordinance No. 508, Fourth Series,An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Sec. 11.03 by Rezoning Land Located South of the West 3rd Avenue and County Road 69 Intersection from Multiple Family Residential (R3) Zone to Highway Business (B1)Zone, and moved its adoption. Motion carried unanimously. It was noted that a legal description had been received. Official Proceedings of the December 2, 1997 Shakopee City Council Page -3- Zorn/DuBois offered Ordinance No. 506, Fourth Series, An Ordinance of the City of Shakopee, Minnesota,Amending Chapter 11,Zoning, Section 11.62 (Driveways), Subd. 2.D. and Section 11.84 (Board of Adjustment and Appeals), Subd. 4 by Changing the Review Process of Shared Driveways When Part of the Platting Process, and moved its adoption. (Motion carried under Consent Agenda.) Police officer Ron Carlson requested 80 hours of vacation to partially offset the hours he spends with the Shakopee Golden Glove Boxing Program. Regarding the police chief's November 13, 1997,memo, Officer Carlson stated that the police chief has never talked with anyone in the program and has never been to an event. Cletus Link stated that he believes the insurance is adequate and he supported Officer Carlson. Mark McNeill stated that this is a volunteer position and not a city-sponsored event and the Council needed to focus on the precedent it would be setting. Burl Zorn opined that the program should be part of the official duties as a police officer and recommended leaving a decision to the new police chief. Bob Sweeney concurred with Mr. Zorn. Mr. Link noted the extreme number of hours Officer Carlson devotes to the project. Jane DuBois opined that Officer Carlson is providing community policing. DuBois/Sweeney moved to table the request of Ron Carlson for 80 hours of vacation until a new police chief is hired. Motion carried unanimously. Matt Lehman approached the podium and recommended that the Council think about the request, and having a police officer living in and being involved with the community and also to look at the longevity of Officer Carlson being involved with the program. Item 14.E.5.,East Dean Lake Financial Security,was taken out of the regular order on the agenda. Gregg Voxland explained his November 24, 1997,memo regarding East Dean Lake financial security for public improvements to the collector street being constructed by the City. Bob Sweeney stated that he felt the City was adequately protected,with the recommendations. Attorney Thomson opined that the recommended language was workable. Zorn/Sweeney moved to direct staff to draft a financial agreement addressing the financial security for the public improvements for the collector street in the East Dean Lake development, including a proposal of a 67% letter of credit with a foreclosure clause and to bring it back to the Council for its consideration. Motion carried unanimously. Steve Salto, Shakopee Crossings, approached the podium and asked if the purpose of drafting a mortgage was for foreclosure purposes,to which Attorney Thomson replied that having a mortgage besides a letter of credit quickens the foreclosure process. Motion carried unanimously. A recess was taken at 9:15 p.m. The meeting reconvened at 9:28 p.m. Official Proceedings of the December 2, 1997 Shakopee City Council Page -4- Bruce Loney directed Council to his December 2, 1997,memo regarding removal of stop signs at the 10th Avenue and Apgar Street intersection. He recommended that the stop signs not be removed for the reasons stated in his memo and noted that he did not feel comfortable making such a change in winter. He further noted that he checked with the school district and they did not have a problem with removing the stop signs. Zorn/Sweeney moved to remove the stop signs on 10th Avenue, at the intersection of 10th Avenue and Apgar Street, and to install the appropriate warning signs in the spring/summer of 1998. Jane DuBois stated that she did not believe the signs should be removed until spring and also noted that it is difficult for the traffic entering 10th Avenue. She suggested that stop signs be placed somewhere else if one is removed, after an additional study was performed. Bob Sweeney questioned what the cost for an additional study would be to which Mr. Loney replied $500-$800. Mr. Sweeney stated that he did not feel an overwhelming need to remove the signs. Mayor Henderson stated that he did not feel the signs were necessary. Motion failed 4-1 with Councilman Zorn in favor of the motion. Zorn/DuBois moved to terminate the probationary status of Dave Rutt and Bill Egan. (Motion carried under Consent Agenda.) Zorn/DuBois offered Resolution No. 4797, A Resolution Accepting Work on Vierling Drive, from County Road 79 to County Road 77,Project No. 1995-6, and moved its adoption. (Motion carried under Consent Agenda.) Zorn/DuBois offered Resolution No. 4798, A Resolution Accepting Work on the Upper Valley Drainage-Phase II, Project No. 1993-3, and moved its adoption. (Motion carried under Consent Agenda.) Zorn/DuBois offered Resolution No. 4800, A Resolution Accepting Work on Fuller Street, from 10th Avenue to Vierling Drive, Project No. 1995-8, and moved its adoption. (Motion carried under Consent Agenda.) Burl Zorn opined that the City should write a strong letter to the County regarding moving forward with the construction of the County Road 21 project. Jane DuBois questioned whether the County had plans regarding the road. Zorn/Sweeney moved to direct staff to write a strong letter to the County Board regarding moving forward with the County Road 21 project. Motion carried unanimously. Official Proceedings of the December 2, 1997 Shakopee City Council Page -5- Zorn/DuBois moved to authorize the purchase of a full-size police squad from Superior Ford in the amount of$22,043 plus dealer delivery in accordance with the Hennepin County Cooperative contract. (Motion carried under Consent Agenda.) Zorn/DuBois moved to terminate the probationary status of Officers Les TenEyck, Lisa Quick, Molly Schrot and Lynn Lipinski. (Motion carried under Consent Agenda.) Zorn/DuBois moved to authorize the appropriate City officials to execute Change Order No. 1 in the amount of$12,763 in favor of James Steele Construction Company, for the second fire station. (Motion carried under Consent Agenda.) Zorn/DuBois moved to authorize the appropriate City officials to buy back unused holiday hours from Officer Schrot up to the amount of$330.39. (Motion carried under Consent Agenda.) Mark McNeill reported that he recently had conversations with a couple of people regarding the excess fire station property. He stated that one of the prospective buyers noted that only three of the ten acres are buildable. There may also be other buyers who would be interested in the property because it may be suitable for townhome rentals targeting people with entry level positions, however, City participation would be needed. Mr. McNeill questioned whether the Council wanted to pursue looking at these options. Bob Sweeney stated that with the possibility of Seagate, it may be advisable to look into the options. Zorn/DuBois moved to direct staff to research the options, including TIF and low income tax credit options, involving the sale of the excess fire station property and bring back to the Council for further consideration. Motion carried unanimously. Burl Zorn questioned whether the advertisement for a new police chief was published since he noticed that the posting listed a bachelor's degree requirement. Mr. Zorn stated that he did not think a bachelor's degree was critical to the position,however,he did not recommend that the position be readvertised. Mr. McNeill stated that the position notice was mailed and advertised. Mr. Zorn then withdrew the item. Zorn/DuBois moved to authorize the appropriate City officials to execute the electrical contract with Terry Krominga for the year 1998. (Motion carried under Consent Agenda.) Zorn/Sweeney moved to authorize the City Clerk to issue cigarette licenses for 1998. Motion carried unanimously. On a related subject, Burl Zorn noted that clerks and buyers in some other cities are also fined when found to not be in compliance with the City Code regarding the sale of cigarettes. Mr. Zorn noted that if a clerk were subject to a fine,they may be more inclined to enforce the City Code. Official Proceedings of the December 2, 1998 Shakopee City Council Page -6- Zorn/Sweeney moved to revise the ordinance to initiate a fine to clerks and buyers as well as retailers for failure to follow the City Code. Cletus Link inquired if the law allowed this and Attorney Thomson opined that the City can amend the code. Mr. Sweeney noted there could be a problem if while performing a compliance check,the volunteers could be subject to being fined and noted that the retailers can fire clerks for failure to comply. He feels that compliance should be through the licensee as he will want to protect his license. Jane DuBois stated that it is the licensee's responsibility to enforce the Code, not the clerk's. Mayor Henderson stated he would support an amendment. Motion carried unanimously. Zorn/DuBois moved to approve the application and grant a Pawnshop License to DRM LLC of Shakopee, d/b/a American Pawnbrokers, 450 West 1st Avenue. (Motion carried under Consent Agenda.) Zorn/DuBois moved to approve the application and grant a Pawnbroker and Precious Metal Dealer's license to Mark Andrew Pearson and Robert Charles Hartshorn, DRM LLC of Shakopee, dba American Pawnbrokers, 450 West 1st Avenue. (Motion carried under Consent Agenda.) Zorn/DuBois moved to approve the employee licenses for the following employees of DRM LLC of Shakopee, dba American Pawnbrokers: Samuel David Rockne, Tracy Allen Hirzel, Jeremy David Galetka and Patrick Brent Doolittle. (Motion carried under Consent Agenda.) Zorn/DuBois moved to approve the application and grant a Pawnshop License to Shakopee Pawn and Cash Co., 1147 Canterbury Road. (Motion carried under Consent Agenda.) Zorn/DuBois moved to approve the application and grant a Pawnbroker, Precious Metal Dealer and Secondhand Dealer's License to Frank John Marzario, Shakopee Pawn and Cash Co., 1147 Canterbury Road. (Motion carried under Consent Agenda.) Zorn/DuBois moved to approve employee licenses for the following members of Shakopee Pawn and Cash Co.: Sherri Marzario, Jessica Dold, David Wagner, Arthur LaFond, Ronald Zappatillo and David Martens. (Motion carried under Consent Agenda.) Zorn/DuBois moved to approve the application and grant a Tattoo License to Linda Kurian, Body Art, 205 South Lewis Street, conditioned upon proof of the required insurance. (Motion carried under Consent Agenda.) Zorn/DuBois moved to approve the issuance of a Tattoo License to Scot James Neverdahl and Michael Alfred Malone at Body Art,205 South Lewis Street, conditioned upon proof of the required insurance. (Motion carried under Consent Agenda.) Official Proceedings of the December 2, 1998 Shakopee City Code Page -7- Zorn/DuBois moved to approve the application and grant a massage center license to Dawn Marie Krause, Klip and Kurl, 238 South Lewis Street, conditioned upon proof of the required insurance. (Motion carried under Consent Agenda.) After discussion, Mayor Henderson asked staff look into what needs to be done in order to provide a 2.5%increase in pay for the Councilmembers and the Mayor and to bring it back to the Council at the December 16, 1997, meeting. Zorn/DuBois moved that a study be made, for readjustment at contract time,regarding the City's contribution toward insurance premiums and cash back to employees who do not carry the insurance. Motion carried unanimously. Sweeney/Zorn offered Resolution No. 4799, A Resolution Adopting the 1998 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee and moved its adoption Motion carried unanimously. Mark McNeill stated that if the Council approved the agreement with the Cities of Prior Lake and Savage for Management Information Systems, an advertisement will be placed to fill the position. Burl Zorn inquired who the employee would be employed by to which Mr. McNeill replied it would be the City of Prior Lake. Mayor Henderson noted that the desired qualities for an individual in this position would be very expensive for the City if it were to hire its own information specialist. Mr. McNeill estimated the City's contribution to be $25,000 and that the billings for the position would be based on the number of hours devoted to each city. Zorn/DuBois moved to direct the Mayor and City Administrator to execute the Agreement Between the Cities of Prior Lake, Savage and Shakopee for Management Information Systems. Motion carried unanimously. Mark McNeill requested staff be authorized to make provisions to connect the City to the Internet and to adopt City policies for electronic communications and Internet access. Mr. McNeill estimated the cost to be $335 per month in addition to a$2,200 set up cost. Some typographical and grammatical changes were made to the proposed Electronic Communications System policy and the Internet Access and Usage Policy. Sweeney/Link moved to direct staff to have LOGIS provide Internet access for the City of Shakopee. Motion carried unanimously. DuBois/Sweeney moved to adopt the Electronic Communications System policy as amended. Motion carried unanimously. Zorn/Sweeney moved to adopt the Internet Access and Usage policy as amended. Motion carried unanimously. ti Official Proceedings of the December 2, 1997 Shakopee City Council Page -8- Sweeney/Zorn offered Resolution No. 4796,A Resolution of the City of Shakopee, Minnesota, Granting an Exemption to Kraus Anderson Construction Co. from the Parking Regulations in the Shakopee City Code, and moved its adoption. Motion carried unanimously. Bruce Loney noted the following changes in the 1998 Fee Schedule relating to the Engineering Department: In the private developments, a change in the grading and erosion fee to 5.5% and in the remaining public improvement fee to 8.5%. The City Projects will be using a multiplier of 2.5 rather than 2.9. Sweeney/Zorn moved to remove the state snow removal rates on page 12 from the fee schedule. Motion carried unanimously. Zorn/DuBois moved to remove rental of Pat Thielen Rodeo Arena on page 4 from the fee schedule. Motion carried unanimously. Zorn/Sweeney offered Resolution No. 4801, A Resolution Setting Fees for City Licenses, Permits, Services and Documents, as amended, and moved its adoption. Motion carried unanimously. Anyone interested in applying for the upcoming vacancies on Boards and Commissions was encouraged to apply. Zorn/DuBois moved to direct staff to move forward with negotiations on the Seagate Project and to bring forth a letter of intent and approximate numbers to the December 16, 1997, Council meeting. (Motion carried under Consent Agenda.) Sweeney/Zorn moved that SPUC join the City as a partner in the Seagate Project(by considering waiving fees). Motion carried unanimously. Sweeney/Zorn moved to adjourn to Thursday,December 11, 1997, at 7 p.m. Motion carried unanimously. Meeting adjourned at 10:51 p.m. J di S. Cox Clerk Janet Vogel Freeman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG. SESSION SHAKOPEE,MINNESOTA DECEMBER 11, 1997 Mayor Henderson called the meeting to order at 7:00 p.m. with Councilmembers Jane DuBois, Cletus Link,Bob Sweeney and Burl Zorn present. Also present: Mark McNeill, City Administrator; Gregg Voxland,Finance Director and Bruce Loney,Public Works Director. Mayor Henderson opened the public hearing on the 1997/1998 tax levy and budget. Bob Sweeney took the podium to present the Truth in Taxation information. Mr. Sweeney noted that the announcement for this public hearing in the City newspaper stated there was to be an increase in property taxes of 9.6%rather than a decrease of 9.6%as it should be. Mr. Sweeney stated that the taxing capacity is calculated as follows: An estimated market value of a property is determined by the assessor. The first$75,000 of market value is multiplied by 1% and the remaining portion of the market value is multiplied by 1.85%. The two amounts combined then equal the tax capacity of the property. The rates were established to move the tax burden from the higher multiplied properties to the lower multiplied properties as dictated by the legislature, not the City Council. The City Council then determines the tax levy for the City to provide services, i.e. police, fire, etc. Once the tax levy is ascertained, it is certified to the County Auditor who calculates the tax. Mr. Sweeney noted that last year the City collected a transit tax, however,this year the City will not be collecting transit tax. He also stated the City's shift in tax capacity from commercial industrial to residential was made up by an increase in the total tax capacity of the City. Mr. Sweeney noted that there was a general increase in the tax levy dollars of$24,000 and further stated that the City started paying on the new fire station one year before it had to, thereby decreasing the fire referendum levy by $45,000. Mr. Sweeney stated that the City Council's decisions only impact the City's portion and the Council has no control over the school, county or other matters. He further stated that the Finance Department had kept track of four properties representing various types of properties within the City for many years in order to provide a comparison from year to year. Mr. Sweeney stated that the Council is trying,to the best of its ability,to keep the tax on lower value properties stable. He also noted that the market value for some of the four properties studied increased but the taxes did not which indicates that the City's tax base is expanding and the taxing burden is decreasing. Mr. Sweeney also explained the General Fund revenues and expenditures and noted that these figures fluctuate depending on the year and the projects, i.e.,in 1995,the City expended significant funds for the bypass and civic center projects. Mr. Sweeney stated that compared to other cities of similar size,that Shakopee is better than average for the number of people served compared to the number of employees available to perform the services. Mayor Henderson stated that the City has not sacrificed services but it does run lean. He noted that with the growth the City is experiencing,more employees will be needed. Official Proceedings of the December 11, 1997 Shakopee City Council Page -2- Mr. Sweeney noted that the legislature may change the taxing capacities regarding commercial properties vs. residential properties which may be a problem if the City did not have a similar level of growth in the future. Finally,Mr. Sweeney noted that the different levels of government have different levels of discretions in their expenditures,i.e.the school districts have basically no discretion;the counties have some, and the cities have quite a bit of discretion. Mayor Henderson asked if there were any comments from the audience. Mayor-elect Jon Brekke expressed an interest in finding out the difference between the amount expended for contracted services v. employees. Mr. Sweeney noted that the only major contracted service was that for legal services. Mayor Henderson thanked the Council for its efforts to keep the numbers in line. He also noted that many of the City department staffs were operating under budget. Mayor Henderson then closed the public hearing. He announced that the tax levy and budget would be adopted at a hearing on December 16, 1997, at 7:00 p.m. Motion was made by Bob Sweeney and seconded by Cletus Link to adjourn the meeting. Motion carried unanimously. Meeting adjourned at 7:51 p.m. • J• eK, dith S. Cox City Clerk Janet Vogel Freeman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG. SESSION SHAKOPEE, MINNESOTA DECEMBER 16, 1997 Mayor Henderson called the meeting to order at 7:01 p.m. with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Cletus Link present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney; and Mark McQuillan, Park and Recreation Director. A recess was taken at 7 p.m. for the Economic Development Authority meeting. The meeting re-convened at 7:48 p.m. The following items were added to the agenda: 14.E.20. Release of temporary construction easement and 14.E.21. Extension agreement with Bolton and Menk for Engineering Design Services for Park Trails. Zorn/Sweeney moved to approve the agenda as modified. Motion carried unanimously. The following item was deleted from the Consent Agenda: 14.E.14. Calling for a public on TIF Plan for District No. 11. Sweeney/Link moved to approve the Consent Agenda. Motion Carried unanimously. Mayor Henderson read a Proclamation of Appreciation for Cncl. Zorn. Cncl. Sweeney then presented a plaque in recognition of Cncl. Zorn's dedicated service. A plaque was also presented to Mayor Henderson in recognition of his leadership as Mayor and for keeping the City Council working as a team. Mayor Henderson asked if there were any interested citizens present who wished to address the City Council on any item not on the agenda. There was no response. Sweeney/Link moved to approve bills in the amount of $1,203,084.58 (Motion carried under the Consent Agenda.) A recess was taken at 8:07 p.m. The meeting re-convened at 8:18 p.m. Paul Snook reported that the EDA had previously been directed to develop a Letter of Intent for consideration of Seagate Technology's application for Tax Increment Financing and other necessary items to begin the TIF process. Resolution No. 4808 calls for a public hearing, a Modified Redevelopment Plan, and approving a Letter of Intent with Seagate Technology. Official Proceedings of the December 16, 1997 Shakopee City Council Page -2- A discussion as to the date of the public hearing ensued. The public hearing will be held February 3, 1997, at 7 p.m. Zorn/Link offered Resolution No. 4808, A Resolution Calling for a Public Hearing on a Tax Increment Financing Plan for Tax Increment Financing District No. 11 and a Modified Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1 and Approving a Letter of Intent with Seagate Technology. Motion carried unanimously. Paul Snook explained that the City Council is asked to approve, in concept, the replatting of the Seagate site. He stated that development fees and costs could be waived as part of the 10 percent local contribution or penalty that the City must pay for using tax increment financing. He referred to Exhibit B in his memo dated December 8, 1997, which lists fees and development costs for Seagate. Bruce Loney pointed out the proposed roadway improvements adjacent to the Seagate site. He noted that the draft Transportation Plan includes the Scott County Courthouse, the Canterbury Park area, and the Dean's Lake area. It was recommended that Canterbury Drive be connected with Shenandoah Drive to create a collector route as well as a public road in order to connect with the 12th Avenue intersection for future signalization. The County's proposal is to rebuild and turnover Canterbury Road to the City as a collector street. The improvements are to be a 50-50 proposition between Valley Green and the City of Shakopee. The estimated cost is $517,893.75 each. He said this would serve the traffic of Seagate's employees. Also included in the proposal is that Canterbury Park will dedicate the right-of-way if there is no assessment to them. A discussion ensued relating to staging the construction in two phases. Bruce Loney explained that there is a current developer's agreement with participation and by waiting that participation could be less than 50 percent in the future. Sweeney/Zorn moved to direct staff to explore the possibility of staging the construction of Canterbury Drive west of Vierling Drive and to approve, in concept, the replatting of the Seagate site and adjacent property, making storm sewer trunk fees applicable to the Seagate project and cost-sharing for Seagate's fees. Motion carried unanimously. Michael Leek reported that the consulting contract with Southwest Metro Transit Commission (SMTC), for transit services, automatically renews annually. He said the current proposal involves staging rate increases for transit service through the year 2002. It also provides for a yearly payment to SMTC of 10% (up to $36,080) of the yearly compensation for administrative coordination. The rate for 1998 would be $31.07 Official Proceedings of the December 16, 1997 Shakopee City Council Page -3- per hour. He said that this proposal will help to improve performance, as well as provide greater flexibility in dealing with changing transit needs. Mr. Leek reported on a focus group meeting on December 9, with pre-school providers, parents, and Kathy Kottke. The group came up with some recommendations, one of which was a child-only service. Specific recommendations will be brought back to the Council in January for discussion. The City Council was asked whether or not they were in agreement and if so, for direction to negotiate specific agreements that might be necessary. A discussion ensued regarding the desirability of negotiating three separate contracts with SMTC, Laidlaw and Bentley. Michael Leek explained that the current contract is only with Southwest Metro Transit. He said if no action is taken, the consultant contract will automatically renew. If the proposal is approved, there is no contract to approve and specific agreements would still need to be negotiated. In response to a question as to the viability of the 3 percent rate increase over the next five years, Michael Leek stated that the rates have not increased substantially in the past and suggested there was some deferral in upgrading the service. He said the changes that have been discussed involve significant changes in the way service is provided. In response to a question regarding the fixed monthly vehicle capital charge, George Bentley, G.C. Bentley & Associates, explained how the private vehicle capital concept works. He said the proceeds from the sale of Bonds by the Metropolitan Council are used to pay for the cost of vehicles provided by private providers in public transit services. These are not out-of-pocket costs for the City, but are out of the Met Council's Transit Levy. In response to a question regarding a depreciation allowance, he explained that public vehicles are not depreciated and that the value is amortized over a set period of time and is charged off against Metropolitan Council bonds. A discussion ensued regarding the invoice for the express services Route 53S and ridership. Mr. Bentley explained that the service will be restructured to operate fewer hours beginning January 1, 1998. He said the fare box recovery does not reflect the number of transfer passengers not paying. He suggested that this proposal would increase income because of the opportunity for additional marketing of the morning and afternoon services. A discussion ensued as to the focus group's awareness of costs. Michael Leek explained that the recent focus group meeting was specific to the issue of nine year old and younger riders. He said there is likely to be a proposal to create a Transit Advisory Committee in 1998. Official Proceedings of the December 16, 1997 Shakopee City Council Page -4- Action was delayed in order to allow staff to work further on the proposal and to allow the in-coming Councilmember and Mayor to participate in discussion. The public hearing on the adoption of the 1998 tax levy and budget was opened. Gregg Voxland reported that a public hearing is necessary to adopt the budget and set the levy. Cncl. Sweeney explained that an error was made and the Regional Rail Authority's budget is $0.00, therefore the tax capacity rate should have been $0.00 rather than a positive number. Mayor Henderson asked if there was anyone present in the audience who wished to address the City Council on this issue. Having no response, the public hearing was closed. Zorn/Link offered Resolution No. 4802, A Resolution Setting the 1997 Tax Levy, Collectable in 1998, and moved its adoption. Motion carried unanimously. DuBois/Zorn offered Resolution No. 4803, A Resolution Adopting the 1998 Budget, and moved its adoption. Motion carried unanimously. Sweeney/Zorn moved to remove discussion of the Text Amendment Regarding Highway Billboards and Advertising Signs from the table. Motion carried unanimously. Sweeney/Zorn offered Ordinance No. 505, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, Sec. 11.02 (Definitions) and Sec.11.70 (Signs), Subd. 2, (Prohibited Signs) by Adding Regulations for Billboard and Advertising Signs, and moved its adoption. Motion carried unanimously. Sweeney/Link moved to authorize the appropriate City officials to enter into an agreement with Sports Display to install one information center with advertising on it at the Shakopee Community Center for a rental fee of $1,000 in 1998. (Motion carried under the Consent Agenda.) Sweeney/Link moved to terminate Ray Ruuska's probationary status. (Motion carried under the Consent Agenda.) Sweeney/Link moved to terminate Tom Voll's probationary status. (Motion carried under the Consent Agenda.) Official Proceedings of the December 16, 1997 Shakopee City CouncilPage -5- Sweeney/Link moved to adjust the pay for Tom Voll for the position of Engineering Tech II to Step II of the Non-Union 1997 Pay Plan to a salary of $30,091 per year or $14.4668 per hour, effective December 9, 1997. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4805, A Resolution Declaring the Cost to be Re- Assessed and Ordering the Preparation of Proposed Supplemental Assessments for the Downtown Alley Reconstruction; Blocks 21, 22, 23, 24, 25, 29, and 31, Project No. 1993-9, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link moved to authorize the Public Works Department to accept the trade-in agreement on the F1145 John Deere mower by Siemen Implement for $1500 for the first 250 hours, $6 for every additional hour thereafter. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4804, A Resolution Accepting Work on McKenna Road, from County Road 16 to the South Corporate Limits Project No. 1996-7, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4806, A Joint Resolution of the Town of Jackson and the City of Shakopee, Designating an Unincorporated Area as in Need of Orderly Annexation and Conferring Jurisdiction Over Said Area to the Minnesota Municipal Board Pursuant to Minnesota Statutes # 414.0325, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4807, A Resolution of Concurrence with Scott County Resolution No. 97120, Revoking County State Aid Highway No. 16 and Designating all or Portions of County State Aid Highways No. 18, 21, 42, 78 and 83, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link moved to abate the assessment on parcel 27-001023 code 45 in the amount of$87.46. (Motion carried under the Consent Agenda.) Sweeney/Link moved that the Treasurer and Clerk positions have a bond in the amount of$100,000. (Motion carried under the Consent Agenda.) Sweeney/Link moved to accept the quotations from the Southwest West Central Service Cooperative for Long Term Disability coverage at $0.38 for 1998. (Motion carried under the Consent Agenda.) Official Proceedings of the December 16, 1997 Shakopee City Council Page -6- Mark McNeill reported that a settlement has been negotiated with David McGuire, owner of a parcel of land located at the intersection of County Road 16 and County Road 18 for the purpose of future construction of an in-ground water storage tank for Shakopee Utilities. The purchase price is $144,000 plus $2,000 for damage to adjacent lots. The landscaping plan with materials is not to exceed $14,600. Sweeney/Zorn moved to direct the appropriate City officials to execute the stipulation of settlement by and between the City and Scott County Farms. Motion carried unanimously. Mark McNeill reported that while no Request for Proposals for the excess fire station property have been submitted, there are still a couple of parties interested in the property. One of the parties would be interested in constructing a high density development on the site, while the other is interested in low income tax credits, which would be a federal program assisting with the development of rental units for working families. Staff is still reviewing options and does not have a recommendation at this time. However, if the low income tax credits are to be used, the site must be committed to a developer by February 15, 1998, for inclusion in the first round of the program. There is some dirt that would need to be removed to make the site attractive to developers and would generate additional money from the sale of dirt. The alternative would be to go with a higher density, unsubsidized apartment complex which would require a zoning change. Staff is continuing to negotiate with the Scott County HRA as the City is not staffed for making application. A discussion ensued regarding tax credits for developing the site. Cncl. DuBois questioned if the City should hold on to the property for future expansion for Public Works or Police. Zorn/DuBois moved to table discussion of the excess fire station property. Motion carried unanimously. Mark McNeill reported that most of the proposed changes in the Sergeants Union Contract are similar to those negotiated for the Public Works and the Patrol Unit. A 2.5% cost of living adjustment, and the same $20 per month per employee insurance adjustment is proposed for 1998. For 1999 and 2000, the cost of living adjustment would be the average of adjustments to contracts in the metro area for cities of 10,000 to 25,000. Official Proceedings of the December 16, 1997 Shakopee City Council Page -7- A discussion ensued regarding performance pay and longevity pay advantages and disadvantages. Mark McNeill explained the difference between the two options. Sweeney/Zorn moved to ratify the contract with the Police Sergeants with the exception of denying the request to delete the existing Article XX - Longevity, 20.3(d). Zorn/DuBois move to amend the motion to deny the uniform allowance increase. Jon Brekke approached the podium and discussed flexibility in choosing a pay plan. The amendment to deny the uniform allowance increase failed 4-1 with Cncl. Zorn in favor. The original motion to ratify the contract carried unanimously. Sweeney/Link moved that staff be directed to remove the 150% option from the developer's agreement and to raise the cash/Letter of Credit amount to 75%, effective January 1, 1998. (Motion carried under the Consent Agenda.) In response to a request by Mayor Henderson, for an increase in Mayor and Council pay, Mark McNeill reported that State law prohibits any changes in pay until after the next general election (January 1, 2000). Information was provided relative to increasing the base pay by 2.5% for 1998 and 1999, not to become effective until 2000. A discussion ensued as to how other cities pay Councilmembers and Mayors. Zorn/Link offered Ordinance No. 509, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 2, Section 2.13 Pertaining to the Salaries of Mayor and Councilpersons, and moved its adoption. Motion carried 4-1 with Cncl. Link opposed. Sweeney/Link moved to appoint Barbara Banios to fill the unexpired term on the Cable Community Access Corporation Board of Directors, ending February 28, 1999. (Motion carried under the Consent Agenda). Sweeney/Link moved to affirm the renewal of the workers compensation policy with the League of Cities Insurance Trust for a deposit premium of $71,705. (Motion carried under the Consent Agenda.) Sweeney/Link moved to authorize the purchase of two compact 4x4 pickups from Superior Ford in the amount of $30,728 under the Hennepin County Cooperative contract. (Motion carried under the Consent Agenda.) Official Proceedings of the December 16, 1997 Shakopee City Council Page -8- Sweeney/Link moved to authorize the purchase of one 1-ton 4x4 pickup from Erickson Chevrolet in the amount of $22,566 under the Hennepin County Cooperative contract. (Motion carried under the Consent Agenda.) Sweeney/Link moved to authorize the purchase of two 15,000 lb. chassis cabs from Falls Automotive in the amount of $43,836 under the Hennepin County Cooperative contract. (Motion carried under the Consent Agenda.) Mark McNeill reported that research has revealed that there are two areas in which retail clerks may be penalized for selling to minors. One is under City Code, the other is Minnesota Statute 609.685 which governs the sale of tobacco to children. Since this is covered under Minnesota Statutes, there is no need to incorporate a fine into the City Code. Jim Thomson, City Attorney, explained that the City may take action on the licensee, whereas the Minnesota Statue addresses citations to the clerk selling the tobacco product. No action was taken. Sweeney/Link offered Resolution No. 4810, A Resolution Apportioning Assessments Among New Common Interest Community Parcels Within CIC 1024 Prairie Bend 1st Addition (Originally Known as Parcels 27-191014-0 and 27-191015-0), and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4811, A Resolution Transferring Assessments to New Parcel Numbers Within Canterbury Pointe CIC 1030 (Originally Known as Parcels 27-205029-0 Through 27-205032-0), and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4809, A Resolution Apportioning Assessments Among New Parcels Created As A Result of the Platting of Krystals First Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link moved to authorize the appropriate City officials to execute a quit claim deed releasing the temporary construction easement lying north and south of Outlot B, Prairie Estates 1st Addition. (Motion carried under the Consent Agenda.) Official Proceedings of the December 16, 1997 Shakopee City Council Page -9- Sweeney/Link moved to authorize the appropriate City officials to execute the extension agreement with Bolton and Menk, Inc. to survey and design the trails along County Road 79 and the O'Dowd Lake Park Fishing Pier Project with funding to be allocated from the Park Reserve Fund at a cost not to exceed $5,570. (Motion carried under the Consent Agenda.) Sweeney/Link moved to adjourn to Tuesday, December 23, 1997, at 7 p.m. Motion carried unanimously. The meeting was adjourned at 9:48 p.m. 2J/it c.( 2c Edith S. Cox City Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REGULAR SESSION SHAKOPEE,MINNESOTA DECEMBER 23, 1997 Mayor Henderson called the meeting to order at 7:07 p.m.with Councilmembers Jane DuBois, Cletus Link,Bob Sweeney and Burl Zorn present. Also present were Mark McNeill,City Administrator; Gregg Voxland, City Finance Director; Steve Bubul, City Attorney; and Judith S. Cox, City Clerk. Sweeney/Zom moved to approve the Agenda. Motion carried unanimously. Mayor Henderson called the public hearing to order on the modification of the Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1 and the modification of the Tax Increment Financing Plans for the TIF District Nos. 1,2, 3, 6, 7 and 9. Mayor Henderson asked if there was anyone in the audience who wished to speak. No one approached the podium to offer any comments. Mayor Henderson then declared the public - hearing closed. Sweeney/Link offered Resolution No. 4812,A Resolution Approving Modification of Tax Increment Financing Plans for Tax Increment Financing District Nos. 1,2, 3, 6,7 and 9 and a Modified Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1,and moved its adoption. Gregg Voxland approached the podium and clarified that the budget that was in the agenda packets which were distributed earlier did not reflect closing District No. 2 (Hirise). Steve Bubul stated that by adopting Resolution No. 4812,the Council is essentially authorizing staff to correct the budget to reflect closing District No.2 and noted that correction pages were at the Council's seats tonight. Motion carried unanimously. DuBois/Link offered Resolution No. 4813,A Resolution Closing Tax Increment Financing District No. 6 (Motel), and moved its adoption. Motion carried unanimously. Sweeney/Link offered Resolution No. 4814,A Resolution Closing Tax Increment Financing District No. 2 (Hi-rise), and moved its adoption. Motion carried unanimously. 6. Other Business. There was no other business. Zorn/Sweeney moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:11 p.m. AA _ %Lot. j- eC • th S. Cox, Cit Clerk et Vogel Freeman,Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 6, 1998 After the Oath of Office was taken by the newly elected and re-elected officers, Mayor Jon Brekke called the meeting to order at 7 p.m. with Councilmembers Jane DuBois, Deb Amundson, Robert Sweeney, and Cletus Link present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; and Jim Thomson, City Attorney. The Pledge of Allegiance was recited. A recess was taken at 7:02 p.m. for the purpose of conducting an Economic Development Authority meeting. The meeting re-convened at 7:13 p.m. The following additions were made to the agenda: Item 16.A. Resignation of Vernice Takumi, Accountant, 16.B. Finance Department Vacancy, and 16.C. Springsted Training. Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. The following item was removed from the Consent Agenda: 10. Approval of November 17, 1997, Work Session and November 18, 1997, Adj. Reg. Session minutes. The following additions were made to the Consent Agenda: 15.E.1. Application for On Sale Liquor Licenses -AFFC, Inc. dba Arnie's Friendly Folks Club, and 15.E.2. Application for Off Sale 3.2 Percent Malt Liquor License - Speedway/SuperAmerica LLC. Sweeney/Link moved to approve the Consent Agenda as modified. Motion carried unanimously. Liaison reports were given. Mayor Brekke gave a report. Mayor Brekke asked if there were any interested citizens present in the audience who wished to address the City Council on any item not on the agenda. There was no response. Sweeney/DuBois moved to approve the November 17, 1997, Work Session and November 18, 1997, Adj. Reg. Session minutes. Motion carried with Mayor Brekke and Councilmember Amundson abstaining. Official Proceedings of the January 6, 1998 Shakopee City Council Page -2- Sweeney/Link moved to approve the bills in the amount of$768,087.53. (Motion carried under the Consent Agenda.) The public hearing on the proposed supplemental special assessments for the Downtown Alley Reconstruction, Project No. 1993-9 was opened. Bruce Loney reported that staff had met with the Shakopee Public Utilities Commission and determined that seven property owners that have assessments require adjustments which totaled $4,514.70. There was also an error in one measurement which resulted in a decrease of approximately $200. Mayor Brekke asked if there was anyone in the audience who wished to comment. There was no response. Link/DuBois moved to close the public hearing. Motion carried unanimously. DuBois/Link offered Resolution No. 4819, a Resolution Adopting the Supplemental Assessments for the Downtown Alley Reconstruction, Blocks 21, 22, 23, 24, 25, 29, 30, and 31, Project No. 1993-9, and moved its adoption. Motion carried unanimously. In response to the City Council's direction to consider the rezoning of the south half of Block 1 and the north half of Block 26 from Highway Business (B1) to Central Business (B3), Michael Leek reported that the Planning Commission had expressed concern over the impact of the potential rezoning with respect to vehicular off-street parking. He stated that the B3 zone was exempt from off-street parking requirements, and that they recommended that the City Council deny the request to rezone the property to Central Business (B3) from Highway Business (B1). A discussion ensued regarding structure changes and rezoning possibilities. Cncl. Sweeney stated that there is currently no block that is part of the Business District that questions could not be raised as far as parking issues are concerned. He said the vehicle line of site is not an issue. However, the uses are Central Business District uses. Michael Leek stated that the Planning Commission was also concerned about multiple Highway Business uses and recommended that this issue be referred to the Downtown Ad Hoc Committee for further study. Jim Thomson, City Attorney, explained that action also needed to be taken at this time and recommended adopting a motion to deny the request to rezone and to refer this issue to the Downtown Ad Hoc Committee for further study, to be brought back to the Council at a later time. Official Proceedings of the January 6, 1998 Shakopee City Council Page -3- Sweeney/Henderson moved to concur with the Planning Commission's recommenda- tion to deny the request to rezone Blocks 1 and 26, Shakopee City Plat, from Highway Business District to Central Business District. Motion carried unanimously. Link/Amundson moved to refer the request to rezone the S 1/2 of Block 1 and the N 1/2 of Block 26, Shakopee City Plat, to the Downtown Ad Hoc Committee for further study to be brought back to the Council at a later time. Motion carried unanimously. Mark McQuillan explained that staff was previously directed to identify items that were left out of the Community Center project due to budget limitations. He reviewed the list of those items which were left out of the Community Center project, which also included a cost breakdown. He stated that the Parks and Recreation Advisory Board has reviewed the list and concurs with the ranking of projects. In addition, he stated that projects 6 ( catch boards)& 7 (lobby furniture) could be pursued through normal budgeting for 1999 and that project 8 (racquetball/handball courts) could be funded by a bond referendum and repaid over 15 years. Cost estimates for the Community Center's sign will be included in the next Council packet. A discussion ensued regarding the catch boards by the seating area, as well as painting the ceiling of the ice arena. Mark McQuillan explained that the purpose of painting the ceiling is for rust prevention as it was omitted in the original construction. A discussion ensued regarding a possible budget amendment. Sweeney/Amundson moved to authorize the appropriate City officials to seek proposals and/or bids for items 1 - 5 as recommended by the Park and Recreation Advisory Board: the Community Center's building sign, fencing three ball fields, striped lines on the walking track, gymnastics harness/frame, and painting the ceiling of the ice arena. A discussion ensued regarding the possibility of adding a swimming pool in the future. Mark McQuillan explained that the Advisory Board is in the process of creating an Advisory Board Task Force of 30-40 citizens to study the needs of the community, with the Comprehensive Plan serving as a guide. Anyone interested in serving on the task force may contact Mark. Motion carried unanimously. Sweeney/Link moved to authorize an extension agreement with WSB, Inc. for preparation of the EAW for Seagate. (Motion carried under the Consent Agenda.) Official Proceedings of the January 6, 1998 Shakopee City Council Page -4- Sweeney/Link moved to name Eldon Reinke to the Board of Directors of the STA (Suburban Transit Association), and also name the Community Development Director, or his designee, as alternate to the Board of Directors of STA. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4815, A Resolution Setting the Public Hearing Date to Consider the Vacation of a Portion of the Secretariat Drive Right-of-Way, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4816, A Resolution Setting the Public Hearing Date to Consider the Vacation of Easements within Canterbury Park 2nd Addition and Canterbury Park 4th Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4817, A Resolution Setting the Public Hearing Date to Consider the Vacation of Easements Within Timber Trails (between lots 5 and 6, block 4), and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4820, A Resolution of the City of Shakopee, Minnesota, Supporting Continued City Staff Participation in the Southwest Metro Work Group, and Legislative Funding of the Data Collection and Monitoring Plan, and moved its adoption. (Motion carried under the Consent Agenda.) Michael Leek explained that staff was previously directed to explore other options for providing transit services. He reported that staff is doing so. However, while the Consultant Agreement with Southwest Metro Transit Commission (SMTC) is automatically renewing, the addendum to that agreement only provides for hourly rates for Dial-A-Ride services effective until December 31, 1997. In addition, there is a 30- day cancellation clause. Therefore, there is a need to negotiate and agree to a rate for 1998. Laidlaw has proposed a rate of$31.07 per hour. This is a 7% percent increase over the current rate. A discussion ensued regarding consideration of the proposed recommendations incorporating them into the contract. Michael Leek explained that there is already an existing contract. However, the hourly rate for Dial-A-Ride services is not included. He said a contract is needed before the 30-day cancellation period expires and that other provisions or alternatives will be negotiated at a later time. Official Proceedings of the January 6, 1998 Shakopee City Council Page -5- Kathy Kottke, Laidlaw Transit Services, Inc., approached the podium and stated that the current monthly rate is $28.93. She discussed depreciation and capital expenses and said that the capital expense would no longer exist because the City is buying the vehicles and maintenance will go down because the vehicles are new. The fuel and other expenses are included in the hourly rate. Ms. Kottke also discussed the service area, explaining that this was originally negotiated with Laidlaw. She said that Southwest Metro only became involved in the last year. National School Bus was previously the provider and they were bought out by Laidlaw. Strict boundaries were determined to be within the City of Shakopee and have never been changed. In response to a question as to what happens to the boundaries when annexation occurs, Ms. Kottke stated that the boundaries can only be changed by the direction of the Council. Sweeney/DuBois moved to direct the appropriate persons to draft and execute a one- year agreement with SMTC (Southwest Metro Transit Commission) containing a 30-day termination clause, and setting forth the specific hourly rates for transit services. Motion carried unanimously. Sweeney/Link moved to notify SMTC that the service area is that as of the January 6,1998, boundaries of the City of Shakopee. Motion carried unanimously. Michael Leek reported that a focus group meeting was held to discuss the issue of young children on Dial-A-Ride vans. The group came to a consensus on two sets of recommendations. The first group of recommendations involved a children-only bus service. No recommendation was made as to who should provide this service. The second group of recommendations assumes that children would continue to use the existing service and relates to specific guidelines and sanctions for violating those guidelines. It was also recommended that the guidelines be published by Shakopee Area Transit (SAT), as well as distributed through day cares, pre-schools and schools at the beginning of the year. A discussion ensued relating to the children-only service hours of operation. Mr. Leek explained that this service is not intended to be an all day service, but would only run in the morning and afternoon. A discussion ensued relating to the existing hours of child-only service and it was noted that the bus run by the school district is running with less than total capacity and perhaps staff could approach the school district regarding a contract or buses. Sweeney/DuBois moved to direct staff to work with the school district to develop a service contract to use their children-only bus service. Motion carried unanimously. Official Proceedings of the January 6, 1998 Shakopee City Council Page -6- Kathy Kottke approached the podium and suggested adopting guidelines for all Dial-A- Ride users. Sweeney/DuBois moved to accept the following guidelines: • Children under the age of nine years must be accompanied to the door of the van for pick-ups and met at drop-offs by a person who is at least 12 years of age. State licensed day cares may apply for and granted an exemption from this requirement. First violation would result in suspension of use of Dial-A-Ride for one month; second violation would result in suspension for the rest of the school year. • Any rider under the age of nine years must display tags clearly stating the destination to the driver. • In the case where a child under the age of nine years is not met at a drop-off point as set forth above, after one hour of riding on a Dial-A-Ride van, the child will be left with the Shakopee Police Department. Motion carried unanimously. Sweeney/DuBois moved to accept the following guidelines for all Dial-A-Ride services: • First failure to provide proper fare will result in a warning; second failure to provide proper fare will result in suspension of use of Dial-A-Ride for one month; third violation would result in suspension for six months. • Cancellations of rides should be received at least 24 hours in advance. • If a Dial-A-Ride van arrives outside of its scheduled arrival "window" and the rider is not present, it will not be counted as a no show. • Three "no-shows" in a row or in a week would result in suspension of use of Dial-A-Ride for one month; the next occurrence of three "no-shows" would result in suspension for six month. • If a person is validly designated a "no-show" and calls for a ride after being "no-showed", he or she will pay both the fares for the "no-show" and the second ride. Motion carried unanimously. A discussion ensued regarding the start date to implement the Dial-A-Ride guidelines. Sweeney/DuBois moved to set the start date for Dial-A-Ride guidelines as February 1, 1998. Official Proceedings of the January 6, 1998 Shakopee City Council Page -7- A spokesperson for the focus group approached the podium and recommended that the guidelines be implemented just prior to the start of the next school year. She said more time was needed to notify everyone. A discussion ensued regarding various implementation dates. Kathy Kottke approached the podium and discussed notification procedures which included the newspaper, schools, and pre-schools. She said she would create mailing labels for existing riders to send notification and copy of the guidelines. She said she was opposed to waiting until the next school year to implement the guidelines due to the potential abuse over the summer months. However, she stated she would be agreeable with a June starting date. Sweeney/Amundson moved to amend the motion to implement the Dial-A-Ride guidelines on March 14,1998. Motion carried unanimously. The main motion, as amended, carried unanimously. Michael Leek was directed to contact Paul Ryan to coordinate advertisement of the Dial-A-Ride rules and regulations, on cable television. A recess was taken at 8:24 p.m. The meeting re-convened at 8:34 p.m. Mark McNeill reported that advertisement for the sale of the remaining ten acres from the fire station site acquisiton resulted in no response. However, there are three parties that have expressed an interest in the site at this time. There is a letter on the table from Sanders Ackerberg, Owner/Manager Country Village Apartments, who would like to discuss the site further as his main concern is the burden of topography as it relates to the asking price. He would also need a rezoning. Greg McClenahan, Evergreen Heights Townhomes, approached the podium and explained that his plan proposes a 2-phase development with 34 units each. He said this development was designed to provide housing to families with income between $20,000 and $35,000. A 75-child capacity, day care facility/community center will also be located in a stand-alone building with access off of County Road 16. The center will provide child care to residents at below-market rates if the care services facilitate the parents' employment. The idea is to have it run as non-profit by an experienced day care provider. Evergreen proposes to buy the site for $325,000. However, the agreement provides that prior to closing they would have the ability to grade and remove dirt from the site. However, should the project not be approved they would have no responsibility for Official Proceedings of the January 8, 1998 Shakopee City Council Page -8- restoring the site to its original grade. This is an issue to be resolved. Special assessments , amounting to $40,000, would be the responsibility of the City. A discussion ensued regarding taxes. Taxes would be paid at a reduced rate as low income housing, rather than the full market rate of 2.9% percent for pay '98. The building would be taxed at 2.0% percent, and the land at 2.9% percent. The building would go to a 1.0% percent after pay '98. Scott County HRA would own six of the units in each phase, which would be made available for participants in the Metropolitan Housing Opportunity Program. Mark McNeill reported there is a possibility of making available, from MnDOT, a portion of Hwy 169 right-of-way. He suggested that staff be directed to see if this could be negotiated into a development. Dave Moore, consultant for James F. Johnson Development, approached the podium. He explained that this development proposed a market rate development with 80 to 88 units of rental 4-plex townhomes. He said the lender has fully approved Mr. Johnson for financing. Mr. Johnson agrees with the asking price and would pay taxes at the full market rate. Tom Vinker, President of All Metro Development Consultants, approached the podium and reported that Jon Albinson has agreed to take any dirt to be removed from the site. He said the current concept plan was developed based on the current topography and the plan would be improved with the removal of excess soil. He explained that this project would be constructed in one phase with 84 units and added that additional parking has been provided for. Mark McNeill summarized the proposals, noting unresolved issues relating to excess dirt, zoning for the day care facility, and the County Road 16 access. Both offers are $325,000 with the City paying the special assessments. He said the issue is whether to go with a market rate development which would maximize taxes to be generated, or to go with the affordable housing development. He said the low income tax credit application needs to be in by February 12, 1998, for the first round and would require a letter from the City obligating the site. A representative from the Scott County HRA approached the podium and explained that there is a critical need for affordable housing. She said that many of the potential Section 8 tenants are being lost to Dakota County because of a larger stock of rental units. She also said there is a possibility of losing rent assistance certificates because they cannot be leased up in Scott County due to a lack of affordable rental housing stock. Official Proceedings of the January 6, 1998 Shakopee City Council Page -9- A discussion ensued regarding affordable housing and the cost of day care. Michael Leek explained that a variance would be required for the child care facility. Cncl. Sweeney said that all suburbs are under pressure from the Metropolitan Council to provide affordable housing. However, he suggested that Shakopee's supply of affordable housing has changed hands and rates and is likely not as affordable as it once was. In response to a question as to whether the units would always remain at rental assistance rates or whether they could change to market rate, Mr. McClenahan stated that restricted covenants are imposed as part of the financing for rent restrictions for 30 years. A discussion ensued regarding the excess dirt. Jim Thomson explained that dealing with the excess dirt could be part of the negotiations. Sweeney/Amundson moved to continue negotiations with Evergreen Real Estate Development Corporation for the excess fire station site, for affordable housing. Motion carried unanimously. Mark McNeill reported that the Police Department is requesting approval to accept a $10,150 Grant from the Minnesota Auto Theft Prevention Program (MATPP). The money would be used to address the increased number of auto thefts and to educate citizens in prevention techniques. Funds will also be applied toward the lease of a newer model automobile equipped with a GPS system to be used as a "bait car" for car thieves. Link/Amundson offered Resolution #4818, A Resolution of the Shakopee City Council Authorizing Application for a $10,150 Grant for the Minnesota Auto Theft Prevention Program, and moved its adoption. Motion carried unanimously. Sweeney/Link moved to approve applications and grant on sale and Sunday intoxicating liquor licenses to AFFC, Inc. D.B.A. Arnie's Friendly Folks Club at 122 East 1st Avenue, upon surrender of the existing licenses issued to Corp-Tool Inc. d/b/a Arnie's Friendly Folks Club. (Motion carried under the Consent Agenda.) Sweeney/Link moved to approve the application and grant an off sale 3.2 percent malt liquor license to Speedway SuperAmerica LLC, 1155 East First Avenue, upon surrender of the existing license issued to SuperAmerica Group, a Division of Ashland Inc. (Motion carried under the Consent Agenda.) Official Proceedings of the January 6, 1998 Shakopee City Council Page -10- Sweeney/Link offered Resolution No. 4821, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permit for American Legion Post#2, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link moved to approve the "Refuse Collection Contract Amendment A to Addendum No. 4" by and between Waste Management, Inc., and the City of Shakopee. (Motion carried under the Consent Agenda.) Mayor Brekke recommended the following liaison appointees to various boards and agencies for 1998: 1. Shakopee Public Utilities Commission - Sweeney 2. Murphy's Landing - Link 3. I.S.D. 720 -Amundson 4. Scott County Board of Commissioners - Sweeney 5. Shakopee Convention and Visitors Bureau - Amundson 6. Shakopee Chamber of Commerce Board of Directors - DuBois 7. Association of Metropolitan Municipalities (alternative) - Brekke (alternate McNeill) 8. Suburban Rate Authority (and alternate) - McNeill (alternate Snook) 9. Acting Mayor to fulfill the duties of Mayor in his absence - DuBois Sweeney/Link moved to accept Mayor Brekke's recommendations for the 1998 Liaison appointments for the City Council. Motion carried unanimously. Sweeney/DuBois offered Resolution No. 4822, A Resolution Designating Mark McNeill Director and Paul Snook Alternate Director to the Suburban Rate Authority, and moved its adoption. Motion carried unanimously. Mayor Brekke addressed his proposed operating policies and procedures for City Council meetings. He feels they will result in clearer expectations for meeting participants and facilitate more effective meetings. Most of the items have been used in prior years. Sweeney/DuBois moved to endorse the Council Meeting Objectives and Procedures proposed by Mayor Brekke in his memo dated January 6, 1998. Motion carried unanimously. Sweeney/DuBois moved to request that the Mayor make decisions relative to the agenda order as he desires. Motion carried unanimously. Official Proceedings of the January 6, 1998 Shakopee City Council Page -11- Sweeney/Link offered Resolution No. 4823, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of Boulder Ridge, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4824, A Resolution Apportioning Assessments Among New parcels Created as a Result of the Platting of Prairie Village 2nd Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4825, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of Prairie Bend 3rd Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link moved to designate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 1998. (Motion carried under the Consent Agenda.) Sweeney/Link moved to abate the code 73 assessments on the following parcels: 27-903013-0 224.98 27-001119-0 151.20 27-001119-1 107.74 27-001121-1 53.32 27-001124-0 20.58 27-001865-0 50.06 27-003003-0 12.38 27-003022-0 107.74 (Motion carried under the Consent Agenda.) Mark McNeill stated that a tour of the City will be conducted so that Councilmembers might get a better idea as to what City services are provided. A discussion ensued as to a date and there was a consensus to schedule the tour on Saturday, January 24, from 8:30 a.m. to 12:00 noon. Mark McNeill reported that Vernice Takumi, Accountant, had submitted her resignation. DuBois/Sweeney moved to accept the resignation of Vernice Takumi, effective January 23, 1998, with regrets. Motion carried unanimously. Official Proceedings of the January 6, 1998 Shakopee City Council Page -12- Mark McNeill stated that obtaining a replacement for Vernice Takumi warrants some urgency due to the workload and schedule of events in the Finance Department. He explained that this position is also in need of evaluation for possible reclassification to Accountant Ill or Assistant Finance Director. Sweeney/Link moved to initiate the hiring process through Scott County to fill the vacancy in the Finance Department, with all due haste. Motion carried unanimously. Amundson/Link moved to direct staff to prepare the job description and pay grade for the position in the Finance Department, before the advertisements are placed. Motion carried unanimously. Mark McNeill reported that Springsted has offered to conduct a workshop on the fundamentals of finance in order to update Officials and staff as to what is new in the industry. A discussion ensued regarding possible dates. While February 10, 1998, was tentatively agreed to, Mr. McNeill will contact Springsted to see what dates they have available and will report back to the Council at the next meeting. A recess was taken at 9:59 p.m. for the purpose of conducting an executive session under attorney-client privilege for an update on litigation relating to assessment appeals. The executive session was followed by an EDA executive session. The meeting re-convened at 10:16 p.m. No action was taken during the executive session. DuBois/Sweeney moved to adjourn to Tuesday, January 13, 1998, at 5 p.m. Motion carried unanimously. The meeting was adjourned at 10:17 p.m. a A/4 C/X 1,Judith S. Cox City Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE,MINNESOTA JANUARY 13, 1998 Mayor Brekke called the meeting to order at 5:02 p.m.with Councilmembers Amundson, Link and Sweeney present. Cncl. DuBois was absent. Also present were Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; and Judith S. Cox, City Clerk. The following items were added to the agenda: 4.A. Apportionment of Assessments for Prairie Bend 3rd,and 4.B. Community Center Sign. Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. Mr. Leek stated that a draft of the EAW(Environmental Assessment Worksheet)has been prepared by WSB on behalf of the City for the Seagate Project. City Council is being asked to authorize publication of notice in the"EQB Monitor"to hold the 30 day review and comment period. At the end of the 30 days, staff will bring comments and the City's responses to the comments back to City Council for consideration of whether or not to find that the EAW is sufficient. Sweeney/Amundson moved to direct staff to publish notice in the"EQB Monitor"and distribute the draft EAW for review and comment. Motion carried unanimously. Sweeney/Amundson offered Resolution No.4827,a Resolution Apportioning Assessments among new Parcels Created as a Result of the Platting of Prairie Bend 3rd Addition and Rescinding Resolution No. 4825,and moved its adoption. Motion carried unanimously. Discussion ensued on the construction of a new sign at the Community Center. Staff was directed to look into the status of a professional rendering of a sign that was previously authorized by City Council. Link/Amundson moved to adjourn to Tuesday,January 20, 1998, at 7 p.m. Motion carried unanimously. The meeting adjourned at 5:10 p.m. a?C ith S. Cox City Clerk Recording Secretary CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: January 15, 1998 Introduction and Background Attached is a print out showing the division budget status for 1997 based on data entered as of 12/31/97. Also attached is a regular council bill list for invoices processed to date for council approval. Included is a check to Eugene Hansen in the amount of $14,340 .77 in final payment for R-O-W for the Maras Street project. Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-xxxx) and Blocks 3&4 (code 9439 & 9447) in the amount of $30, 996 .32 . Action Requested Move to approve the bills in the amount of $1, 186, 760 .46 • CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 12/31/97 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 89,410 3,880 51,987 58 12 CITY ADMINISTRATOR 249,980 15,444 172,411 69 13 CITY CLERK 170,090 14,920 160,626 94 15 FINANCE 329,150 28,123 296,987 90 16 LEGAL COUNSEL 217,320 -81,061 233,267 107 17 COMMUNITY DEVELOPMENT 451,290 39,872 392,927 87 18 GENERAL GOVERNMENT BUILDINGS 176,740 19,345 146,024 83 31 POLICE 1,744,470 193,922 1,720,946 99 32 FIRE 463,690 50,979 430,209 93 33 INSPECTION-BLDG-PLMBG-HTG 250,720 25,639 238,792 95 41 ENGINEERING 425,780 43,606 377,519 89 42 STREET MAINTENANCE 781,860 49,018 660,915 85 44 SHOP 127,390 19,005 122,979 97 46 PARK MAINTENANCE 356,460 44,262 313,566 88 91 UNALLOCATED 1,431,387 252,077 1,271,768 89 TOTAL GENERAL FUND 7,265,737 881,154 6,590,923 91 17 COMMUNITY DEVELOPMENT 496,770 69,084 - 420,288 85 TOTAL TRANSIT 496,770 69,084 420,288 85 19 EDA 140,580 7,073 94,326 67 TOTAL EDA 140,580 7,073 94,326 _ 67 1 IO al a a 4 a aaaaaaaaaaaaa Cu a a aaaaaaaaaaaaaa a aaaaaaaa H H H H H H H H H H H H H H H H H HHHHHHHHHHHHHH H HHHHHHHH x a w O 1e a z co CO CO 0D CO CO CO CO O co co op op co CO OD 03 CO Co OD Co CO OD O 000000 CO O CO CO OD O O CO 0101010101010101 z CA CA CA CA CA CA CA CA CT CA m CA CA rn 01 01 01 01 01 01 01 01 01 01 01 01 01 01 . . . . . . . . 01 C.) >i>I>I>I>I>I>i>i>i>i>I>I>I >I o >I>i>i>i>i>I>i>I>I>i>I>I>i>i a a a a a a x aaaaaaaaaaaa a as cd r1 4444444 H 0 aI� ���FCFtFC �1� .� CD At AtAt.t.�1t•�1t.�.'ItAC.tI�.t xxxxxDDD H Cg WwwwwWwW H 0 I)hI7I'D I'D hf]I'D f7I'D hV7I'D M f7 to f717f7F3F3F3F3hhF3F3F3F3F3 M C=.Cz.WC=.CrIWWCs. 1-1 r♦H r1 ri 1--1 ri ri r-1 1-1 rl e-1 H H CO N tO rH ri rl r1 ri r1 ri ri ri ra ri ri ri l0 M H rI ri rI r-TA r1 H H 00 MMMMMMMMMMMMM r c0 co MMMMMMMMMMMMCnt- al MMMMMMMM 6 a Hri r1 r1 ri r1 r1 ri ri ri rl rI ri ri H H M ri ri ri ri ri ri ri ri ri ri ri ri ri ri ri H ri ri ri ri ri ri ri W N d1 VI d1 d'd1 er d1 d1 d1 d1 CI e1 er N N Cr Cr d1 W d1 er er Tr d1 W d1 d1 VI d1 N N M.er d1 Cr CP d1.ie er O CA 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11111111111111 - 1 1 1 1 1 1 1 1 1 U z N 00000H0000000 N N ri CD 0 0 0 CD r10 0 0 0 0 0 O N N O O O O 0 H O O U H 01MUlts0001r4MriNerNUI. r1 H H 01MU)t-0001r401ri01dlNUlr1 H NMU)t,COOIHM 4 01 H r1 rl ri ri H M M er d1 VI 10.r- 01 O1 r r1 r1 r1 r1 ri.-i M-M el.VI VI 10 t-O1 01 ri r1 r1 r1 r1 ri M M O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O 0 O O O O O O O 00 00 0000 0 W H a LO 0 >e C7 >+ H H a 4 a Z O H WWWWWWWWWWWWW N U WWWWWWWWWWWWWW WWWWWWWW a CuLc.EL.G.C1awWCm.Wwwww U wEt.CuwwwwwWwwCuww Cr.Cs.f4[.Dc.a.w 114 O HHHHHHHHHHHHH Z W HHHHHHHHHHHHHH HHHHHHHH O Cl) N .4..4 .1.1.1 ..4 1.1.11.1.111 I Cl) aaaaaaaaaaaaaa aaaaaaaa 01 Q to usus us,s ai,s al x.11.s,s.s usus 0 us,M al Ls us us al at at Ls ai us us utl us..t1 us us us us usus eI 01 xxxxxxxxxxxxx Z z xxxxxxxxxxxxxx O xxxxxxxx O HEEHEHEElEHHHH H W NHHHElHHHHHHHHH I HHHHHHHH r ag4gg4 �g4g4g4g4sgaggagog�� 44�4�0444h gCaa� a a aaaggaaaaaaco I CD -WWWWWWWWWWWWW M a:1 CD WWWWWWWWWWWWWW to WWW-al WWwW to 0 xxxxxxxxxxxxx er z U xxxxxxxxxxxxxx N xxxxxxxx H C4 r 0 Vim. 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CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to the Zoning Map-Rezone property from Agricultural Preservation(AG)to Urban Residential(R-1B) MEETING DATE: January 20, 1998 Site Information: Applicant: Ames Construction Property Owner: Ames Construction Site Location: East of County Road 17 (Marschall Road)and north of Valley View Road Current Zoning: Agricultural Preservation(AG) Adjacent Zoning: North: Agricultural Preservation (AG) South: Agricultural Preservation (AG) East: Agricultural Preservation (AG) West: Urban Residential (R-1B) Comp. Plan: Single Family Residential Area: 105.9 Acres MUSA: The site is within the MUSA boundary INTRODUCTION: The applicant is requesting that the City amend the Official Zoning Map to rezone a parcel currently zoned as Agricultural Preservation (AG) to Urban Residential (R-1B). The Planning Commission reviewed the request at its meeting of January 8, 1998. (A copy of the staff report for that meeting is attached for the Council's information) ALTERNATIVES: 1. Approve the request to rezone the subject property to Urban Residential(R-1B) from Agricultural Preservation(AG). 2. Deny the request to rezone property to Urban Residential (R-1B) from Agricultural Preservation(AG). 3. Table the matter for additional information from the applicant or staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends Alternative No. 1, approval. ACTION REQUESTED: Offer Ord.No. 510, An Ordinance of the City of Shakopee,Minnesota, Amending the Zoning Map adopted in City Code Sec. 11.03 by rezoning land located North of Valley View Road and East of County Road 17 from Agricultural Preservation (AG)to Urban Residential (R-1B) Zone. R. Michael Leek Community Development Director i:\commdev\cc\1998\cc0120\rzames.doc ORDINANCE NO. 510,FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND LOCATED NORTH OF VALLEY VIEW ROAD AND EAST OF COUNTY ROAD 17 FROM AGRICULTURAL PRESERVATION (AG) TO URBAN RESIDENTIAL (R1-B) ZONE. WHEREAS, Raymond Ames, applicant and property owner has made application for the rezoning of land legally described as attached on Exhibit A from Agricultural Preservation (AG) to Urban Residential (Rl-B); and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on January 8, 1998, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning of the property to Urban Residential (Rl-B) to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described as attached on Exhibit A from Agricultural Preservation (AG) to Urban Residential (Rl-B). Section 2 -Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1998. Mayor of the City of Shakopee Attest: , City Clerk Published in the Shakopee Valley News on the day of , 1996. Prepared by: City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 EXHIBIT A The Southeast 1/4 of the Northwest 1/4 of Section 17, Township 115, Range 22, Scott County, Minnesota. That part of the East 1/2 of the Southwest 1/4 of Section 17, Township 115, Range 22, Scott County, Minnesota, lying North of the center line of County Road No. 79. Except the following described parcel: Beginning at the Northwest corner of said East 1/2 of the Southwest 1/4; thence South 89° 33' 33" East along the North line of said East 1/2 of the Southwest 1/4 a distance of 21.00 feet; thence South 00° 26' 14" East a distance of 1301.77 feet; thence South 1° 02' 06" East a distance of 227.00 feet; thence South 2° 15' 14" East a distance of 217.0 feet more or less to the center line of County Road No. 79; thence Northwesterly along said center line to its intersection with the West line of said East Half of the Southwest Quarter; thence Northerly along said West line to the point of beginning. ALSO: All that part of the following described property: That portion of the East Half of the Southwest Quarter of Section 17, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at the northwest corner of said East Half of the Southwest Quarter; thence South 89 degrees 33 minutes 33 seconds East along the north line of said East Half of the Southwest Quarter a distance of 21.00 feet; thence South 00 degrees 26 minutes 14 seconds East a distance of 1301.77 feet; thence South 1 degree 02 minutes 06 seconds East a distance of 227.00 feet; thence South 2 degrees 15 minutes 14 seconds East a distance of 217.00 feet more or less to the centerline of County Road No.79; thence northwesterly along said centerline to its intersection with the west line of said East Half of the Southwest Quarter; thence northerly along said west line to the point of beginning. Which lies northerly of the northerly line and its easterly extension of the following described property: All that part of the Southwest Quarter of the Southwest Quarter of Section 17, Township 115, Range 22, Scott County, Minnesota described as follows: Starting at the southwest corner of said Section 17, Township 115, Range 22, and running thence north on the section line 1395.0 feet to the centerline of County Aid Road No. 80; thence South 73 degrees 23 minutes East along the centerline of said road at an angle of 106 degrees 37 minutes to the right 714.0 feet; thence north parallel to the section line 125.0 feet; thence east at an angle of 90 degrees 35 minutes to the right 486.7 feet to the point of beginning of land herein to be described; thence south and parallel to the east line of the Southwest Quarter of the Southwest Quarter a distance of 302 feet to the centerline of County Aid Road No. 80; thence southeasterly along centerline of said highway a distance of 241 feet to the intersection of the east line of said Southwest Quarter of the Southwest Quarter; thence north on said quarter quarter line 433.1 feet; thence west 200.0 fops to nn;nt of hecinnina. /y. j3 , CITY OF SIIAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment Regarding Adult Oriented Businesses MEETING DATE: January 20, 1998 INTRODUCTION: On January 7, 1996, the City Council adopted Ordinance No. 471. This ordinance placed into effect a moratorium on the siting of sexually oriented businesses within the City and directed a study to be conducted. Ordinance No. 471 will remain in effect (barring a revocation or extension by the City Council)until February 6, 1998. DISCUSSION: The proposed ordinance, as well as an accompanying amendment to Sec. 11.46 of the City Code(I-2 Zone regulations), were reviewed by the Planning Commission at its January 8, 1998, meeting. ALTERNATIVES: 1. Approve Ord. No. 511 and Ord. No. 514 as presented. 2. Approve Ord. No. 511 and Ord. No. 514 with revisions. 3. Do not approve Ord. No. 511 and Ord. No. 514. 4. Continue the matter to February 3't in order to obtain additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the proposed ordinance and the proposed amendment to City Code Sec. 11.46. ACTION REQUESTED: Offer a motion to approve Ord. Nos. 511 and 514. ORDINANCE NO. 514, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING CHAPTER 11,ZONING, SEC. 11.46,HEAVY INDUSTRY ZONE (I-2), SUBD. 2 (PERMITTED USES) BY ADDING"N.ADULT ESTABLISHMENTS" THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.46. Heavy Industry Zone (I-2), Subd. 2 Permitted Uses is hereby amended by adding the following; M. adult establishments. Section 2 -Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1998 PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee.MN 55379 EXHIBIT A ORDINANCE NO. _511_, FOURTH SERIES AN ORDINANCE OF � CODE TY FCHAPTERp EEMINNESOTA, ESOTA, AMENDING PUBLIC PROTECTION, CRIMES`lD�8 RELATING TO OFFENSES, BY ADDING NEW SECTIONS 10 ADULT ESTABLISHMENTS AN PREMISESTCONDUCIVE TO HIGH-RISK SEXUAL Section 1. Chapter 10 of the City Code is amended by adding a new section to read: Section 10.77. Adult Establishments. eso subpolsdivision 1. Findin sand Pu vse. Studiesconducted er> sa a Indianome,/ ever • the American Plannin- Association. and cities such as St. Paul oskins innesota: Ramsey. Minnesota- inn�e Washing on have studied the im.acts that esota: 'Phoenix Arizona- Los An•eles. California. and Sea adult establishments have in those communities. These studies have ds. co c ide that u adult e establishments have adverse im•acts on the surroun tn• nein increased crime rates lower vro'Pert values, increased transiency ei- b rhood li'h and .otential health risks. Based on these studies and findm•s. A. Adult establishments have adverse secondary in,.acts of the .es set forth above. inish B. • The adverse im.acts caused b • adult establishments tend drio dared health if adult establishments are _averted by •col a.hic. tc re uirments. C. It is not the intent of the ci council to . ohibit adult establishments from havin a reasonable o ottani to locate in the city. D. Minnesota Statutes section 462.357 allows the city to ado.t re•ulations to romote the ublic health. safety morals and general welfare. E. The .ublic health. safety morals and l eneral welfare will be .romoted by the city ado.ti - regulations _averting adult establishments. Subdivision 2, Definitions. For .0 'Poses of this sectio the foilowin• terms have the meanin•s giver- A. "Adult Establishment" means a business whefurn shed ane which m maanyte aof ls are sold bartered. distr'buted leased, or the followzn criteria: 3,77135A04 1 SX155-Z3 SES-d ll/ZJ d LOS-1 O1EELEEZl9 N_AY.O 7 AQ3NN3 -word wd/O:EQ 16-81-390 1 l 1• a business where sexually oriented materials areine ovided l�or use consum• 'on en o cnt or entertainment on the bu 2. a business that is distin: ished or characterized bv an emphasis on the descri tion or dis lav of ecified sexual activities- . 3. a business that is distin• ished or characterized b an emphasis on the descri tion or dis la of s ecified anatomical areas- 4. an adult cabaret as defined in Subdivision 6 of this section- , 5. a business providin_ sexuall oriented'► materials onfor f the buss suse s consumption• eo meat or entertainment tf the .ortion used or such p .ose exceeds 20% of the retail floor area of the business or 500 s•uare fe whichever is less. a .hrase "retail floor area" does not include storerooms stock areas. bathroo s. basements attics or any of the business not open to the public. p0�_ B. "Sexually oriented materials" means visual. ra teedrorlaaural sis on fieri eseobtects orn devicesdevices that arc distin• ished or characterized description of specified anatomical areas or specified sexual activities. C :5_06 fied Anatomical Areas" means: ic 1. Less than com•letcly and o•a•uely covered a breastsn below�a s p obnt re-ions ions buttocks, anuses, or fe immediately above the to of the areola: and 2. Human male •enitals in a discernable tut-,id state even if completely and opaa_uco el Y D. "S ecified Sexual Activities" means: 1. Actual or simulated: sral c°exual intercourse: direct .h sical stimula- tiontercourse:oral-anal co•ulation•bestiality tion of unclothedenitals: fla ellation or torture in the context of a sexual relationship• the use of excreto functions in the co text •us: bu,:e • co.ro•ha_ : co.ro.hilia- cutmilin: a sexual relationship: mil' .Edcrasty: •edo philia• •i•ueri sm • cunnilin: : fellatio. necrophilia sap or zooerastias 2. Clearly deicted human enitals in the state of sexual stimulation arousal or turie5cencE 3. Use of human or animal e'aculation sodom . oral copulation coitus or masturbation' JJT135404 2 sell55-23 5E3-d 11/Ea d LOS-1 CUES/SEM N:AY O 7 Aa:NN3A-gold andn:Ea is-HI-na 4. Fondlin_ or touc in_ of nude human _enitals •ubic re-'ons buttocks or female breasts 5. Situations involving a person or persons, anY of whom are nude, who are clad in undergarments or in sexually revealing costumes and en a_ed in the fla_ellation torture fetterin_ bindin:. or o er physical restraint of any person; 6. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being: or 7. Human excretion, urination, menstruation, or vaginal or anal Subdivision 3. Adult establishments may be located only as allowed by Section 11.46 of the City Code. Sub ivision 4. I.ncation of Adult Fnablishmenu. A. No person shall operate an Adult Establishment on property, any Part of which is within the area circumscribed by a circle which has a radius of 750 feet from any of the uses listed below. Distances shall be measured by following a straight line. without re_ard to intervenin structures or ob'ects between the closest points on the . o•e lines of the two uses. This distance requirement applies to the following uses: 1, ro ert developed or coned for residential uses. �_ ro ert located in a ma'or recreation Zone 3. aro•erty fre.uented by children or desi_ ed as a famil destination. such as a day car facilit school libr. •ark. •la _ ound. state or federal wildlife area or .reserve. reli_ious institution or other public recreational facility' 4, remises licensed under Ci Code Cha.ter 5. relatin_ to li•uor. beer and wine licensin ' 5. a street with an 10.000 avera:e daily traffic count as note• on the most recent Municisa State Aid S stem Traffic Volume Ma• from the Minnesota ' •artment of TransportatYon; and 6, another adult establishment. Subdivisionoration of Business. :oth the owner of a Adult Establi• ent and the mana_er of the business shall be re .onsible for the conduct of their em•lo ees and for compliance 'th is section. .Jt135404 SH15S-27 B. No owner or mana-er of an Adult Establishment shall em.lov a .erson under the ace of-, 8. C No owner. mana_er or ern•lo ee of an Adult Erb ishm24me shallthahave been convicted of violatin this sectio three or ore times Subdivision 6. Restrictions and Rel lations of Adult Establishme ts. An Adult Establishment is sub'ect to the follvwia restri ctio s and re lations: A. No owner aria-er. or em.lo ee shall allow an sexuall oriented materials or entertainment to be visible or perceivable in an mann includin, aurally at an time from outside of t e business. B. No owner mana-er or em•lo ee of an Adult Establishment 293shall have been through 609 352 convicted of a sex crime as identified in Minn. 609.746 throu-h 609.749 609.79 518B.01 or related statute dealin• with sexual assault sexual conduct harassment obsceni or domestic abuse. C. The business o er. mana-er or emnlovee si all cnsu e that no person under the age of 18 enters the business. D. No owner. mana-er, or employee shall allow any erson under•urchase. tour any othe� have access to sexuall oriented aterials.whether by sight means. E. No owner man.ler or em•lo ee ma• sell ordis•lav for sale any sexuall oriented materials exc.- t in ori 'nal uno ened acka es. "Th F. Each business shall dis•lav a si-non its main entraper ons under the door which e .e of 118 s business sells sexuall oriented material or entcrt� are prohibited from e terin:." The si-n letters shall be a minimum of two 2 inches G. No business may have a license under Chapter 5 of the Ci Code. and no alcoholic beverages may be consumed in the bus H. No business shall be open except between 7:00 a.m. and 10:00 •.m. Monday through Saturda Subdivision 7. Adult Cabarets. A. An adult cabaret is a business that • o n���resentaoon r other displav or d�cti rio entertainment distin, ished or characterized b an emphasis o ecified sexual activities or •ecified anatomical areas. or ite sthe •resentation al or erotic fdi .lays or or de•'ction of matter that seeks to evoke arouse or desires. JJ?13540d 4 s.a5S-22 5E5-1 I1/50d 2.08-1 O1E5LEE1 9 NEAYL.^- 7 Aa3NN54-woli wd50:E0 L6-5l-dea B. adult cabaret o.Gratin• in the city ust corn.1 with the followin l conditions: I An owner o.erator. or m= ._er of an adult cabaret av notal Anatomical an dancer or other live entertainer to displaySec ified Areas or to di .la or .erform S.ecified Sexual Activities o the remises of the Adult Cabaret: 2. A dancer live entertainer •atrn as inran Adult ter .erson Cabare't• may not dis.la S e ed Anatomical •3 The owner. o erator or man er of an adult cabaret must.erson idee the foilowin• in ormation to the ci concernin, an w o dances or erfor rns live entertainment at the adult cabaret: The persons name home address home tel hon f bi and anY aliases; 4. A dancer. live entertainer or .erfo er ma not be under 18 eats old: 5. Danci • or live entertainmeraised at least two feet from theeletieel d for that • •ose and that ofth the floor: 6. • dancer or •erfo er may not .erform a dance or live entertainment closer than ten feet from any Matron: 7. A dancer or •erformer may not fondle or caress an .atron and no patron may fondle or caress any dancer or performer; g. A .afro may not •av or •ive any •ratuity to any •- cer or performer: and 2. • dancer or •erfortner may not solicit or acc- .t an •av or - atui from any patron. Section 2. Chapter 10 of the City Code is amended by adding a new section to read: Section 10.73. Premises Conducive to Hi h-Risk Sexual Conduct Subdivision 1. Findin•s and Pu .ose. The ci council makes cturesthe lthat are conducive tothe the need to re- late commercial .remises buildin s and s.read of commun'cable disease of dancer to .ersons in order to further the substantial interest of public health: ses A. The ex.erience of other cities establishes ef bt reason of the desil and use buildin•s. and structures or .artso VT135404 5 $u.S5-23 5E5-4 11/90'd 109-1 01E6LEEZ19 OM 7 A03NN3N-word wd2a:E0 L5-81-o9a of such • 'se buildin-s. or structures are co,ducive to the .reradseosf •uentin• such co unicable disease of dan�er to •arsons buildin •s or structures as well as to the .eneral •ub_ic and thatd by risk of •readin• infectious and realises buiadieas and structures.minimizes can be re Matin such commerc The ex•erience of other cities w,ere such commercial .remises. rcmi es.thildin-s and structures are B. .resent indicates t at the risk of s l transmittable disease of Ac•uired ImmuneremisDes ie c Syndrome structures AIDS is increased by the rescnce of such bera»se the desi:• or use of such k scsexual onducn s. and structures. or arts thereof can facilitate hl t. C. Medical •ublications of e Center anors i esase Cndcate that theol of the nt United Dc.artnlent o Health and Hum transmittable disease of AIDS is currentrre e f'bles and ors forbtaiaial_ Medical research has further established or .readin- AIDS are associated 'th hi•h risk sexual conduct. D. Certain commercial .remises buildin_s and structures risk sexual conduct s thereof b reason of their desi• and use. arc co and hence the . .read of communicable disease and that the risk of s•readin: infectious and conta_io s diseases n•s, and structures. Szed b re- latin• these commercial 'remises. E. The sublic health. safe morals and •er,ommetcial lfare •remises build ribs. the city ado.ti re• lations •overnl• and structures conduce to hi h-risk sexual conduct. The .0 .ose of this section is to .rescribe re-ulations ...overrun- commercial 'remises buildin:s and structures e �anub y virtue o desi• and use to hi_h-risk are conducive, the spread of sexuall transmitted diseases to •ersons fre.uen•n• such remises- Subdivision emises Subdivision 2. Definitions. The followin• terms have the meanin•s •iven them below: • vidual A "Booths stalls. or .artitioned •ortio o arsons for fee oof a room or drias an incident means enclosures s.ecificall offered to •erformin• hi-h- 'sk sexual conduc or ises whicho fferses which are movies or other ofa business o•erated on the entertainment to be viewed within the enclosure i cludin• enclosures wherein movies or other entertainme t is dis.enscd for a fee but does not include enclosures that are er�reate mis�ies for attend n ces used bY t to the taskshe owners, 1of their or "arsons em.lo ed by th em•lovment. and which are not held out too the.ose Q elic membersor rewiof or the establishment for hire or for a fee or for th =135104 6 si=ss-zs 5E5-d ll/LO d LOB-L OIESLEEZl9 W AM 1 AQ3NN3A-uloid Wd5O:E0 L6-51-3eQ other entertai .ent for a fee and are not o•en to •ersons other than em�al_ ..° B. "Doors, curtains or .ortal .artitions"means ful com.lete non-tran •a eat closure devices throw which one cannot see or view activi ' takin- • ace within the enclosure. C. "Hazardous site" means any commercial • raises buildin: or structure or anart thereof which is a site of hi h-risk sexual conduct as defined herein. I). "WI -risk sexual co duct" means i fellatio• ii anal intercourse; or iii v.•final intercourse with .ersons who en:a•- in sexual acts in exchan•e for ons,nev. E. "Open to an ad'acent • blic roo so that the area inside is visible to persons 'n the ad'acent .ublic room" means either the absence of any entire "door curtain or .ortal partition" or a door or other device which is made of clear trans.arent material such as :lass .lexi:lass or other similar material meetin• buildin• code and safety standards. which .errnits t e activity inside the enclosure to be entirely viewed or seen by •ersons outside the enclosure. F. "Public health official" f the ci countv or state char•ed the enforcement of the state or local health laws ses or .art Subdivision 3. Public Health Re. lationn�A commercial eSuildin:ned or structure uEra�d in thcic� for the thereof, or fa 'Mies therein may not be co .pose of e •a•inw in. or .errnittin. •ersons to en--•e in. sexual activities which include high-risk sexual conduct. l of Subdivi 'on 4. It is unlawful to o , 5°or•o ionte mor••art thereof in the City.rent. ease or that con°tains:a commercial buildin• structure. .remises A. Partitions between subdivisions of a room .ortion or .art of a buildin- structure or •remises havi : an a.erture which is desi•ned or constructed to facilitate sexual activi includin:but not limited to v.•in. intercourse anal intercourse, or fellatio between persons on either side of the partition. B. "Booths stalls or partitioned portions of a room or individual room" as defined herein which ave "doo curtains or .ortal .artitions" as defined herein unless t e boo s stalls or partitioned portions of a room or individual room have at least one side o.en to an ad'acent .ublic room so that the area 'nside is sibstalls or to rs artitioned ns in the a onions of lic room as a room or defined herein. Boothbis roo must be individual room that are so o.cn to an ad'acent • li• ted in a manner that the .ersons in the area used for viewin: mo 'on JJT1354n4 7 sH155.2' 5E9-d ll/Sad 109-1 OlEELEEZ19 On5 7 Aa3NN3A-word wo5a:E0 !H-et-isa visible the ad'acent ictures other forms of entertainment o of such int ns m as to event .ublic rooms but such h rht�n, need notb the viewin of themotion ictures or othe offered entertainment. S 'vision 5. Exc- .tions. The e:ulat ons set forth i this section do otenot ..1eltos . emises ent bubdi and licensed as buildin-s or structures tha to h�110 or b��, houses which are sub'ect to • er _eneral complexes condominiums heap and sanitation re uirements der state and local law. 6. Health Enforcement Powers. In exercisin: powers conferred bthis cial is for an other Subdivision sectiono ed of this code relati.: to communicablens and diseasesnes of the PublicHealth for Disease Control of the by the most recent instructions o . ead of infectious United States De•artinent of Wealth and Human Services that relate to the theof PublicnHealth diseases. In order to ascertain the reHealth Official'se o infection dired ct vn uce lts and control, may in pect o Official. and persons under the cause to be 'ns•ected and to issue orders re•ardiany conduct. the Puic structure ae or pr- ises or any .art thereof that may be a site of • - y sexual th c Official determines that a hazardous site as deft ed herein exists. the andP blil Health Official will declare it to be a public health hazard and public health nuisance A. Notify the maria-er owner or tenanthazardous a dors site e that the e Public Health Official has reasonable belief of that thstructure is a hazardous site as defined herein B. Issue two 'tten warni •sat least ten days a.art to the mana•er, owner. or tenant of the 'remises statin: the s•uild n reasons• c reefs Public hazardous Official's o.inion that the 'remises. buildin as defined herein, C. Once such notices and warnines have been issued the Public Health Official must roceed as follows: 1. After the maria er. owner or tenant of the remises has been notified in writin_ as to t e basis of the 'ublic Health Official's determination, the man er. owner or tenant will have ten days from the date of the last warnin! to r-.nest a earin: before the Public Health Official or the Public Health Official's a ointee for the determination as to the existence of such hazardous site. if the mana•er owner or tenant the date of the lastf the 'remises dwarni e..' notice the hearin- within ten da s Public Health Official will then cause the remises to be osted with a warnin advisin the ublic that the remises have been declared a hazardous site and the Public Health Official will cause orders to be issued to them• a'er ke n ee f ed corrective measures er or tenant of the . -mises constitutin- the hazardous site to ta torecent hi h-risk sexual conduct from takin lace within the SWISS-23 5E6-d 11/6a d !a9-: QIE62EEZ19 NYin 7 Aa?NND-ward mdga:EQ LE-Bl-3aa . j h 2. If the mana•er owner or tenant of the • - 'ses re.uestsIthOfficial orrinl he the hearm wilt be held before the Public Hea Public calth Official's a ointee at a date not more tha 30 da s after demand for a hearing. After considerin all evidence. the Public Health Official or the Public Health Officia 's a ointee will make a determination as to whether the remises constitute a hazardous site as defined herein and issue a decision based u on all herein evidence resented. If t e Public Health Official or the Public Health Official's a ts menthe pubic Health Officidonna al the mises constitute a hazardous then issue orders to the man er owner or tenant of the remises to take corre 've measures to .revent 11.1 -risk sexual conduct from takin• .lace within the . - ises and cause the • emises to be posted with a warm _ advisin• the public that the •remises have been declared a ha�.ardous site. 3. If within 30 days after issuance of the orders to the ma -•er owner, or tenant of the ha7atdous site. the Public Health Official determines that such corrective measures have not been undertaken the Public Health Official nuisan a which maabbe enforced by ent of the hazardous site as a ubl�c mandator/ or prohibitory in'u ction in a court of competent jurisdiction. or ii may secure a court order for the closure of the •remises constitutin• the hazardous site until the premises buildin- or structure is in cc r liance with all rovisions of this code. f s Subdivision 7. Criminal Penalties. warning sn violatin-.ost d on.remises bvy .rovision othe'Public Health Official ion or any .erson who removes destroys or defaces ursuant to this cha ter shall be Quilty of a misdemeanor. Section 3. This ordinance becomes effective from and after its passage and publication. JJ713s401 9 suis-13 565—d d L06-- UtEELEEl14 CAM 7 Aa3NO—word wdoa:EQ L6-61-7ea Adopted in session of the City Council of the City of Shakopee, , Minnesota, beld the day of 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee MN 55379 Published in the Shakopee Valley News on the _ day of 1997. Jar135404 10 sxz5S-2 SES—d ll/ll'd L08-1 OLESLEEZt9 N3AY89 ! Aa3NN3A—W°ld WdLa:Ea L6-6t-280 Y. C CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director Julie Klima, Planner II SUBJECT: Ord. No. 512; Text Amendment Regarding Planned Unit Developments (PUD's) MEETING DATE: January 20, 1998 INTRODUCTION: At its December 4, 1997, and January 8, 1998, meeting, the Planning Commission reviewed a proposed text amendment to the section of the Shakopee City Code that addresses Planned Unit Developments (PUD's). Section 11.83, Subd. 2 of the City Code states "the City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exist." Based on these criteria, staff has prepared the following draft findings. Criteria#1: That the original zoning ordinance is in error. Finding#1: The original zoning ordinance is not in error. Criteria #2: That significant changes in community goals and policies have taken place. Finding #2: Changes in community goals and policies have taken place in regard to Planned Unit Developments. Revisions to the PUD ordinance are necessary to implement the policies and community goals that have been adopted/expressed. Criteria #3: That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3: Development patterns within the City have changed with the recent MUSA extensions. As the community continues to grow, the growth necessitates that this issue is addressed in the Code. Criteria #4: That the comprehensive plan requires a different provision. Finding#4: The proposed amendment is not in conflict with the comprehensive plan. ALTERNATIVES: 1. Approve Ord. No. 512 as presented. 2. Approve Ord. No. 512 with revisions. 3. Do not approve Ord. No. 512. 4. Table a decision and request additional information from staff. ACTION REQUESTED: Offer and approve Ordinance No. 512. R. Michael Leek Community Development Director i:\commdev\cc\1998\cc0120\mixpud.doc 2 ORDINANCE NO. 512, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, ZONING, SEC. 11.50,PLANNED UNIT DEVELOPMENT DISTRICT BY REPLACING IT IN ITS ENTIRETY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.50, Planned Unit Development District, 2 Permitted Uses is hereby amended by replacing it in its entirety with the following; Subd. 1. Purpose. It is the purpose of the planned unit development overlay district (PUD)to encourage innovation, variety, and creativity in site planning and architectural design; to promote flexibility in land development and redevelopment; to maximize development compatibility;to encourage the planning of large parcels of land as a unit; to provide for greater efficiency in the use of land, streets, and energy; to preserve and protect environmentally sensitive site features and historically significant features; to preserve open space; and to provide quality living, working shopping and recreating environments for residents and visitors. It is not the intent of this section to establish a separate zoning classification. - Subd. 2. Areas Covered. A. The planned unit development overlay district may be applied within any zone. B. Any or all contiguous land owned by the applicant shall be included in a planned unit development when necessary to meet the purpose of this district. Subd.3. Permitted, Conditional, and Accessory Uses. A. Uses allowed in a single use planned unit development shall be limited to the permitted, conditional, and accessory uses allowed in the underlying zone. A single use planned unit development is a development consisting solely of one of the following use categories: residential, commercial, or industrial. B. Uses allowed in a mixed use planned unit development may consist of - consistent with those uses permitted, conditional, and accessory allowed in the underlying zoning district and/or a similar use zoning district. The City may place more restrictive conditions on the mixture of uses within a planned unit development to ensure preservation of the public health, safety, and welfare, compliance with the intent of this Chapter, and that 3 land uses occurring within the planned unit development, and between the planned unit development and the surrounding land uses, do not conflict. A mixed-use planned unit development is a development consisting of any combination of residential, commercial or industrial uses. Subd. 4. Design Standards. A. Density shall be as specified in the underlying zone. Public right-of-way and private street area from back of curb to back of curb shall be excluded in calculating acreage, for the purposes of calculating density. B. Open space: a planned unit development, which includes dwellings, shall provide at least fifteen(15)percent of the project area as open space. If the planned unit development is to be developed in phases, the applicant must include the entire site in the plat of the first phase of development and dedicate public open space. Open space is a landscaped area or areas available for the common use of and is accessible by all residents or occupants of the buildings within the planned unit development. Open space shall be calculated on a net basis which excludes private yards, private streets from back of curb to back of curb, public rights-of-way, any areas within an easement or any other non- recreational impervious surface area. Dedicated parkland shall not be used in calculating open space for a development. The applicant shall be required to submit, along with the PUD site plan, an open space plan illustrating the use and/or function of the open space area or areas. The open space plan shall include any proposed improvements and/or design of the open space area. Private yards shall be defined as that portion of a lot not occupied by a structure but under the ownership and/or control of individual(s) other than the entity(such as a homeowners association or the project developer) which owns/controls the common open space within the PUD. There shall not be any credit given to the open space requirements. C. Minimum street yard setback for private streets located entirely within the planned unit development: twenty(20) feet from the back of the curb line. D. Residential PUD's shall be allowed variations to the lot - width and front yard setback requirements of the underlying zone. Variations shall only be allowed when the following criteria are met: 1. environmental features exist on the site and the variations are necessary to preserve these natural features; or/and 2. unique architectural design(s)/housing products are proposed for the development. 4 Environmental features shall be defined as any one or a combination of the following characteristics: 1. slopes in excess of 4:1; 2. tree cover measuring six (6) inches in diameter and/or six (6) feet in height covering 20% of more of the gross project site; 3. the existence of wetlands, lakes, marshes, streams, springs or other natural water bodies. Unique architectural design(s) shall be defined as those designs and/or products which enhance and/or compliment existing architectural designs or provide as a(n) element(s) of design features which contribute to the overall preservation of environmental features. The front yard setback and lot width may be reduced ten (10) feet from the requirement of the underlying zone. The lot width may only be reduced, from the underlying zone requirement, along streets, which are constructed at a width determined to be sufficient to provide for on-street parking. Public street and right-of-way width variations may also be allowed in a PUD. Public streets shall be a minimum of 32 feet in width measured from curb face to curb face and right-of-way width shall be a minimum of 55 feet. No other variations to the design standards of the underlying zone shall be allowed in the PUD approval process. E. The proposed planned unit development shall be comprised of at least ten (10) acres of contiguous land. PUD's of five(5)to ten (10) acres in size shall be allowed if the following criteria area met: 1. regional easements cover 30%or more of the project area; or/and 2. environmental features exist on the site which will be preserved through the PUD development process; or/and 3. The subject site is adjacent to an existing PUD and the PUD process will provide additional compatibility between the PUD's. F. The parcels of land, which are the subject of the PUD application, shall be under the applicant's control at the time of application. The development plan shall provide for the development of all of the parcel(s) included in the application. In addition, the development plan must include provisions for the preservation of natural amenities. G. The total coverage of residential buildings shall not exceed twenty (20) percent of the total residential area in the PUD. 5 H. All PUD's shall have municipal sewer and water service available. I. No design standards shall be modified in any way, which violates or compromises the fire and safety codes of the City. J. More than one building may be placed on one platted lot in a PUD district. K. Any PUD plan proposed to be constructed in stages shall include full details relating to staging and the City Council may approve or modify, where necessary, any such proposals. L. The staging shall include the time for beginning and completion of each stage. Such timing may be subsequently modified by the City Council on the showing of good cause by the developer. Subd. 5. Special Provisions for Planned Unit Developments.Subd. 8. Special Provisions for Planned Unit Developments. A. Criteria for Granting a Planned Unit Development Application. The City Council shall base its decision to grant or deny an application for a planned unit development upon the following factors: 1. whether the proposed development is consistent in all respects with the comprehensive plan and with this ordinance; 2. whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses; 3. whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. 4. whether the primary function of the PUD is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial. 5. whether there exists an overall appearance and compatibility of individual buildings to other site elements or to surrounding development. However, the architectural style of buildings shall not solely be a basis for denial or approval of a plan. Subd. 6. Planned Unit Development Overlay District Application Process. 6 A. An application for a Planned Unit Development Overlay District shall be submitted to the Zoning Administrator on forms provided by the City. The application shall be accompanied by the following: 1. a map or plat of the property and the land within 350 feet thereof; 2. a list of the names and addresses of the owners of all properties located wholly or partially within 350 feet of the property as such appear on the records of the Scott County Recorder prepared by a Certified Abstract Firm; 3. evidence of ownership or an interest in the property, applications must include the assent of the property fee owner; 4. in addition to the fee,when the request is for the addition or deletion of an overlay district,the Zoning Administrator may request that the applicant deposit an additional amount up to $1,000.00 for planning, engineering, administrative, and legal expenses incurred by the City for the review and processing of the application, if the Zoning Administrator anticipates that the application will cause the City to incur such expenses. Any portion of the supplemental deposit which is not used to reimburse the City will be refunded to the applicant; 5. if the request is inconsistent with the comprehensive plan, the application must be accompanied by an application for an amendment to the comprehensive plan; 6. a development plan which provides substantial conformance with the concept plan approved by the Planning Commission; and 7. such other information as may be required by the Zoning Administrator. 8. All plans and maps shall be prepared at the same scale unless otherwise approved by the Zoning Administrator. B. Concept Plan Review. A concept plan is designed to provide a general overview of the proposed development. The Planning Commission shall review the concept plan to determine whether the proposal 7 generally fits the desired development patterns of the City. A concept plan shall include the following: 1. the application and paid fee; 2. a meeting shall be held with the adjacent neighborhood residents of the proposed PUD prior to the City scheduling a concept review. Documentation, outcomes, etc. of this meeting shall be submitted with the application information. 3. a cover letter describing the project, any anticipated variations, and how the project complies with the City's comprehensive plan; 4. a sketch of the project area, including approximate site size, proposed land uses and their approximate location within the site; surrounding land uses; existing and proposed public right-of-way; and unique, problematic, or desirable features of the site, such as wetlands or forests; 5. ownership of the property and identity of developer; 6. a general description of how adverse impacts on other property will be mitigated; and 7. any other information that the Zoning Administrator determines will be helpful in reviewing the proposal; C. Development Plan Review. The submittal information _ shall include the following: (1) a survey of the site prepared by a registered surveyor, showing site size, property lines, and legal description; (2) a map showing existing improvements and land ownership on and within 200 feet of the site, including the following: (a) the location and width of all streets and easements; _ (b) the location and size of all existing utilities, including sewers, manholes, watermains, hydrants, and culverts; - 8 (c) the location and size of all structures; (d) existing zoning; and (e) school district boundary lines. (3) a map showing natural conditions on and within 200 feet of the site, including the following: (a) contour lines at two(2)foot intervals; (b) soil types and their locations; (c) water features and drainage patterns; (d) vegetation, including a list of tree species; (4) a development plan showing the following information: (a) proposed uses of land, acreage for each use, recreation and open space areas, a tabulation of density or building square footage, impervious surface percentage, and project phasing and development timing; (b) information on proposed lots, including location, number, square footage, outer dimensions, and dimensions at setbacks; (c) proposed street information, including right- of-way and pavement widths, names, and layout; (d) information on structures, including location and dimensions of both existing and proposed structures, (e) proposed parking, driveway, and loading information, including location and dimensions of all driveways, off-street parking facilities, and loading facilities; (f) proposed and existing sidewalks and trails, including location and dimensions; 9 (g) areas proposed to be dedicated to the public, including location, dimensions, and acreage; and (h) open space areas, including location, dimensions, acreage, and detailed information about any amenities; (i) an information table showing density per acre, open space area requirements; (5) a utility plan showing the following: (a) proposed location and size of sanitary sewer, watermains, storm sewers, and the gradient of each; (b) proposed point of discharge or connection to existing utilities; (c) location and dimensions of proposed and existing easements; (6) a stormwater management plan showing the following: (a) site grading at two foot contour intervals; (b) proposed stormwater management improvements and techniques; and (c) preliminary stormwater calculations; (7) a landscape plan prepared by or under the supervision of a landscape architect showing the following: (a) location, size, number, and spacing of all proposed plantings, including common and botanical names; (b) planting schedule by species name and size; (c) any berms, entry monuments, or other landscaping elements; and 10 (d) lighting and signage information, showing the type, height, and location of all exterior lighting and signs; (8) a phasing plan showing the timeframe for construction of all improvements, including starting and completion dates; (9) preliminary architectural drawings illustrating schematic floor plans, building massing, elevations, structure heights, exterior construction materials, and the typical design and dimension of private yards; (10) a traffic analysis prepared by a professional engineer; and (11) any other information that the Zoning Administrator determines will be helpful in reviewing the proposal . (12) D. City Council Action. 1. An application for a planned unit development overlay district may be approved, approved with conditions, or disapproved by a majority vote of the City Council. The City may impose such conditions as part of the approval of a development plan as it deems necessary in order to ensure consistency with the comprehensive plan and this ordinance. The Zoning Administrator shall maintain a record of all approved plans, amendments, and development agreements. E. Amendment. The Planning Commission may approve minor changes to an approved plan upon such hearing and notice, if any, as it deems appropriate. Minor changes are those changes listed below, when these changes do not significantly alter the original overall design, uses, or intent of the development: 1. changes in building location or size, which do not affect more than 10% of the site and/or floor space, not to exceed 10,000 square feet; 2. changes in landscaping, streets, parking, driveways, or site improvements which do not affect more than 10% of the site area, not to exceed 10,000 square feet; or 11 3. changes in dwelling units, which do not result in the number of housing units changing by more than 10%. Section 2 Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1998 PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 12 CITY OF SHAKOPEE l �I D . Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Police Chief Candidates DATE: January 16, 1998 INTRODUCTION: The Council is asked to receive the recommendations of the Shakopee Police Civil Service Commission for finalists for the Police Chief vacancy, set a date in which to interview said applicants (if one is desired), and provide direction to staff as to what further information is needed. BACKGROUND: Attached is a copy of a memorandum dated January 13th from Marcia Spagnolo, President of the Shakopee Police Civil Service Commission, which outlines the procedure used to define criteria, recruit qualified candidates, and narrow the number of those candidates to finalists for the Police Chief vacancy. At a meeting held January 16th,the Shakopee Police Civil Service Commission held a meeting in which it reviewed the results of interviews,physiological examinations, and background investigations conducted on the three candidates who demonstrated the highest qualifications on anoral examination held January 5th. The names of these candidates will be presented to the Council at its meeting of January 20th by President Spagnolo. In addition, Harry Brull of Personnel Decisions, Inc. (PDI) will be in attendance to describe the testing process. At the January 20th meeting, the Council will be asked to provide some direction as to where it wishes to proceed from here. Does it wish to interview candidates, and if so, who should do it? The schedule calls for an appointment to be made at the February 3rd meeting. Council will need to determine the following: 1. A.date in which to interview the three candidates - unless the Council wishes to have only two of its members conduct the interview,this will need to be done in an open meeting. Possible dates in which to conduct this would be Tuesday evening, January 27th, or Saturday morning, January 24th(note that January 24th is currently scheduled for a City facilities tour for the City Council). 2. Interview questions - the candidates went through a comprehensive oral examination utilizing questions formulated by PDI. At its oral interview, the Council may wish to use its own questions, direct staff to provide a list of questions, or direct PDI to come up with a set of questions different from those utilized at the oral examination. According to Mr. Brull,he could provide the questions (at a cost of approximately$500); if the Council wishes further input from PDI, Brull could attend the interview, or even actively participate in the interview, such as asking the questions for the Council. If the Council wishes to use PDI, he would be able to train the Council in what differenct answers mean. 3. Provide direction as to any other information that it may wish to have of the candidates. RECOMMENDATION: It is recommended that the Council accept the names of the three finalists provided by the Civil Service Commission, set a date for an interview by Council if desired, give direction as to how it wishes to have questions formulated, and finally, give direction as to any other information desired of the candidates. ACTION REQUIRED: The Council should give direction on the items listed above. Cl/1/e-IttUte Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Marcia A. Spagnolo, President Shakopee Police Civil Service Commission SUBJECT: Civil Service Testing Activities DATE: January 13, 1998 INTRODUCTION: The following information is presented to inform Council of the procedure adopted and used by the Shakopee Police Civil Service Commission to identify applicants for the position of Police Chief and to measure their credentials and qualifications to do the job. BACKGROUND: In October 1997 City Administrator Mark McNeill notified the Police Civil Service Commission of Police Chief Tom Steininger's intent to retire and requested that the Commission begin to establish a list of eligible candidates so the position can be filled by March 1, 1998. On October 15, 1997, the Commission met and began to formulate a testing process. We started by reviewing the Commission's responsibilities under State Law and Civil Service Rules and Regulations. Then, we established the following goals for the testing process: • to conduct a fair, unbiased and open process, • to involve the public in the process, • to select the three most highly qualified candidates possible, and • to present the names of the top three candidates to Council by January 20, 1998. At this meeting, the Commission also discussed qualifications deemed desirable for a new Police Chief, reviewed approximately 30 job announcements from Police Chief Magazine, composed an ad and directed that it be run in the Shakopee Valley News, the Minneapolis Star and Tribune, the Minnesota Police Chiefs Association Weekly Newsletter and several publications directed at minority populations in the Twin Cities area. The Commission also directed that Mr. Harry Brull from Personnel Decisions, Incorporated (PDI), be contacted for information and recommendations regarding testing instruments and materials. On October 27, 1997, the Commission met and reviewed the Chiefs job description and testing information from PDI. On November 13, 1997 the Commission held a meeting at the Police Department to provide citizens and other interested parties with an opportunity to share their thoughts about current and future issues which the Police will have to deal with and what qualities the new Police Chief should possess. Input from Council, the City Administrator and Scott County criminal justice system officials was also received and considered. Prior to the meeting with the public, the Commission heard Mr. Brull discuss a number of testing alternatives available to them for this process. Mr. Brull was asked to design a matrix to evaluate and score applications. He was also asked to provide an interview and train panel members to use it, to provide and score management tests and inventories and to conduct an in-depth assessment of selected candidates. On November 18, 1998, the Commission met to review applications. It was learned that only 11 applications had been received. The Commission felt that this was an inadequate pool from which to select. Rather than open the applications in hand at this time, the Commission decided to accept applications for two more weeks. A revised job ad was run in the Minneapolis and Saint Paul papers and another direct mailing was done using a mailing list from the Minnesota Chief Association. On December 10, 1997, the Commission met and reviewed applications from 30 male candidates and 1 female candidate. 14 candidates were eliminated because they did not meet the minimum qualifications for the position. The remaining 17 applications were evaluated using an Application Scoring Matrix developed for Shakopee by PDI. This evaluation resulted in 5 candidates being invited to appear before an interview panel on January 5, 1998. Four more candidates were requested to submit additional information to the Commission. On December 22, 1998, the Commission received and evaluated the additional information using the Application Scoring Matrix and invited a sixth candidate to interview on January 5th. On January 5, 1998, Shakopee Police Civil Service Commission members Marcia Spagnolo, Stan VonBokern and Kim Weckman were joined by Minnesota Commissioner of Public Safety Don Davis, Plymouth Police Chief Craig Gerdes and Apple Valley Police Chief Roger Willow. The Commission requested help from these people because they are highly respected police administrators, they have experience in situations similar to Shakopee and they are known to be excellent interviewers. This panel interviewed 4 candidates. The 3 candidates who achieved the highest interview scores were sent to PDI where they participated in a variety of in-depth assessment activities designed to evaluate managerial and executive skills. Background investigations conducted on the 3 finalists by the Apple Valley Police Department disclosed nothing which would preclude their appointment as Chief of Police. 15= E (. CITY OF SHAKOPEE Memorandum TO: Honoarbie Mayor and City Council City Administrator Mark McNeill FROM: Shakopee Police Civil Service Commission SUBJECT: Certification- Top Three Candidates DATE: January 16, 1998 In accordance with the provisions of M.S.A. 419, the Shakopee Police Civil Service Commission has conducted appropriate testing for the position of Police Chief As a result of this testing, the Commission has established an eligible register for this position. The names of the top three candidates on the eligible register are hereby submitted in alphabetical order for your consideration. Daniel Hughes Gerald Poole David Thomalla Signed, e:t4L Marcia A. Spagnolo, President Shakopee Police Civil Service Commission is. (1. 1, CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Jared D. Andrews, Planner I SUBJECT: Request by Lori A. Storberg to keep monkey in home MEETING DATE: January 20, 1998 ATTACHMENTS: Exhibit A, Section 10.22. Subd. 1. and 2. of the City Code Exhibit B, Letter of intent INTRODUCTION: Ms. Lori Storberg has submitted a letter of request to the attention of the City Council. The request is to allow for the keeping of a monkey in her home at 520 Shakopee Avenue East. Staff has informed Ms. Storberg that the keeping of monkeys is prohibited by City Code(Exhibit A). ALTERNATIVES: 1. Deny the request, finding monkeys to be prohibited by Section 10.22. Subd. 1. and 2. 2. Deny the request, but recommend that Ms. Storberg apply for a text amendment to add monkeys to the list of allowable domestic animals. 3. Deny the request, but direct staff to amend the City Code to allow for the keeping of monkeys. RECOMMENDATION: Staff recommends Alternative No. 1, to deny the request, finding monkeys to be prohibited by City Code. ACTION REQUESTED: Offer a motion to deny the request finding monkeys to be prohibited. Jared D. Andrews Planner I Exhibit A SEC. 10.22. OTHER ANIMALS. Subd. 1. Definitions. A. The term "domestic animal" means any of the following animals: 1. domestic dogs, excluding hybrids with wolves, coyotes, or jackals, 2. domestic cats, excluding hybrids with ocelots or margays, 3. farm animals, 4. the following other mammals: chinchillas, pot bellied pigs, and pygmy goats, 5. the following rodents: rabbits, guinea pigs, hamsters, gerbils, mice, and rats, 6. the following reptiles: iguanas, anoles, chameleons, non-venomous snakes, terrapins, turtles, tortoises, 7. the following amphibians: frogs, toads, newts, 8. the following birds: captive-bred species of common cage birds, including parakeets, finches, love birds, doves, parrots, cockatiels, cockatoos, 9. non-poisonous spiders, 10. hermit crabs, and 11. fish. B. The term "wild animal" means any animal other than a domestic animal. Subd. 2. Keeping. It is unlawful for any person to keep any wild animal in any part of the City. It is unlawful for any person to keep any animal which is not approved by the United States Department of Agriculture, or the Minnesota Department of Natural Resources, in any part of the City. Farm animals, pot bellied pigs, and pygmy goats may be kept only in that portion of the City zoned for agricultural purposes or where these animals are a permitted, conditional, or accessory use. 1 Exhibit B )2-- l cl ri CAAci Couz,c1 --I boas 40(ct courici 0 e rY\ Vccr_A-e- k- ir\ (A)1 ‘c'kl-ikAl \Vik_e_ \--c‘,,' dold� --e:co�� & c � v f c"-eWt./y-6str S 10 -2� o ' cs cot ► 0✓\ o ko,oc �C. c ; rnd1ce r f\ on h vn am w n1/4.e\A-e -- A--ke_ il 1 ftt A sc_)c.„ 1 as C,�;a Ute. p c+ces lx-Ionl ► C�i.oit 1 (An WoiN-ec 04 d o c . &S.-ecl 0o� � y i D1 1414,c . ns d0 Ccc-2 l�► lin U CAC T 44114 .� d -)-/p 4Q_ .ate C' n ) i s t CA d - Ck 6 - 1 Ing know 1,ed -e a 46( 0.� GlvY\ ��' S I 14-Sr �Q Gt�l t n1�c odA� , m nut 0 o i n o FCS A O Cic� c . m (gin cAvn L a 0 dam. �� � ks oo� std �, I: f\ L t�nO S h Q 3 �1 ;5 COL JC AUC W-ee_K5 , 0rn v �ecir. TA ; 3 mo�ri L,d .. d 0 how 0 ` , ' pAAA- (5-h of c Vo tv c looe . i (\ 1-likt ,t, i I+ would , 4*)--. ir\0LA,.S.Qc. o , o it � c i - pk_ t-:c-a �cm i 01'- Z 04i Cv (1(i v-,_ i CA 0 0 / r1 X10 p L Cid, r1 �.7 ( h. J/0 ; 't\ Gu 4- Gia i' i Y\ d c t n J c C c 'cud ff-e)- --/o ce,di vvv_. tA) t ‘ cAn y ., � `Li,o� h nK /o G,t_ I (A Yiul ,L' \ A. i \� '1�-f�\c e. ? c& C` c USC d�A. a 0,n a -C SDo Au-e_ E . -SInct oRu , (inn , r, .) Llq69 - Q; 4--P-/ 15 . A . Z . CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request to Re-Name Old County Road 18 MEETING DATE: November 18, 1997 INTRODUCTION: The City received a request from Vicki L. King on behalf of the County Road 18 Citizens Committee requesting that Old County Road 188 be renamed. Names suggested are; • Old Stagecoach Road, • Dakota Trail, • Quiet Valley Way, • Creek Bend, • Eagle Drive, • Ranch Road, • Red Oak Lane or Trail. In addition, Bill Schmokel, County Surveyor, has made the following suggestions based on his knowledge of history; • Boiling Springs Road, • Hattenberger Springs Road, • Barton Station Road. It has been the City's policy to avoid creating similar street names. For that reason, staff suggests that Dakota Trail, Creek Bend,Eagle Drive and Boiling Springs Road not be considered, as they are similar to existing street names. ALTERNATIVES: Old County Road 18 Name: 1) Offer and approve a motion naming Old County Road 18 as recommended by the Citizens Committee or the County Surveyor. 2) Offer and approve a motion naming Old County Road 18 some other name. 3) Table the request. 1 crl8name/RML ACTION REQUESTED: Offer and approve a motion renaming Old County Road 18. FY R. Michael Leek Community Development Director crl8name/RML 2 )9.. �. CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Establishment of a Transit Commission MEETING DATE: January 20, 1998 INTRODUCTION: In the past several months, the Council has been faced with a number of issues relating to the provision of transit in the City. As the City continues to grow staff anticipates that the number of issues will increase. In the past,the City has had an Energy and Transportation Commission. Staff believes that the re-establishment of such a Commission would assist the Council in handling the work of managing the City's transit services. If the Council directs staff to proceed with the establishment of a transit commission, staff will bring a complete proposal to the Council for its consideration. ALTERNATIVES: 1. Direct staff to proceed with the establishment of a transit commission and advertising for interested candidates. 2. Do not direct staff to proceed with the establishment of a transit commission. 3. Table the matter. ACTION REQUESTED: Offer a motion to directing staff to proceed with the establishment of a transit commission. R. Michael Leek Community Development Director /6": 3 • ), CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Scott County Highway Turnbacks and Memo of Understanding DATE: January 20, 1998 INTRODUCTION: Attached is a letter and Memorandum of Understanding from the Scott County Highway Department in regard to a proposed turnback of four County roads to the City of Shakopee. BACKGROUND: At the August 6, 1996 City Council meeting, the jurisdictional transfer of four County roads in the City Limits of the City of Shakopee were discussed and Council provided direction to staff. The four County roads in which turnbacks are being proposed are as follows: • CSAH 16, from T.H. 300 to CSAH 17 (Marschall Road) • C.R. 18 from new C.R. 18 to T.H. 101 • C.R. 72, from C.R. 79 to CSAH 17 (Marschall Road) • C.R. 77, from the Shakopee Bypass to 6th Avenue The County included in their turnback proposal three options for the City to select concerning qualified improvements, which is a seal coat or overlay maintenance done by County forces, or the cash equivalent for the qualified improvements or road maintenance as per County policy. These transfers of jurisdiction and compensation options were discussed by City Council and the Council passed a motion unanimously directing staff to accept the transfer of jurisdiction and the compensation from Scott County for these roadway segments. In order to proceed with the County highway turnbacks and provide a documents outlining the turnback conditions, a Memorandum of Understanding has been prepared by Scott County. In the memorandum, the proposed turnback highway segments are described with mileage shown and the compensation for the qualified improvements on those segments that qualify. Also, a two year maintenance compensation is shown as well. The County Engineer has indicated that normal routine maintenance such as crack sealing and gravel shouldering would be done on C.R. 18 as part of the compensation to the City. It should be mentioned that C.R. 72 has half of the County highway in the City of Shakopee and the other half in Spring Lake Township and in the Memo of Understanding, the turnback of this highway will not be done until the Township and the City both agree on that turnback. This situation does occur between other Townships and Cities and typically an agreement between the City and the Township must be entered into for the maintenance of the roadway. At this time Spring Lake Township is reviewing the proposed turnback from Scott County. ALTERNATIVES: 1. Approve a motion to have the appropriate City officials execute the Memorandum of Understanding. 2. Do not approve the Memorandum of Understanding at this time and provide staff with direction on changes of the conditions for County Highway turnbacks. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, based on the previous Council action on August 6, 1996. ACTION REQUESTED: Make a motion to have the appropriate City officials execute the Memorandum of Understanding on the County Highway turnbacks to the City of Shakopee. /64)/ Bruce Loney Public Works Director BL/pmp TURNBACKS MEMORANDUM OF UNDERSTANDING HIGHWAY JURISDICTIONAL CHANGE Scott County and the City of Shakopee, through this Memorandum of Understanding, pursuant to Minnesota Statue 163.11, agree to the following County Highway Revocations: • Transfer the jurisdiction of CSAH 16 from TH 300 to CSAH 17 1.73 miles • Transfer the jurisdiction of CR 18 from new CR 18 to CSAH 101 2.30 mile • Transfer the jurisdiction of CR 72 from CR 79 to CSAH 17 0.75 mile* • Transfer the jurisdiction of CR 77 from Shakopee Bypass to 6th Avenue 1.14 miles** 5.92 miles * Includes the equivalent mileage within the City limits ** The CR 77 turnback previously agreed to under Cooperative Agreement 77-9503 in which Scott County paid the City $277,000 In consideration of the City of Shakopee assuming responsibility for the above highway segments, Scott County will provide the following: • CSAH 16 - (1.73 miles) - Overlay/sealcoat portions or pay the equivalent ($30,000/mile or $5,000/mile) = $18,800 • Old County Road 18 - (0.92 mile)* - Sealcoat or pay the equivalent ($5,000/mile) = $ 4,600 • CR 72 - (0.75 mile) - Regravel or pay the equivalent ($5,000/mile) = $ 3,750 Subtotal $27,150 • Maintain highway segments for 2 years after the County Board turnback decision $56,956 . or pay the average cost per mile between County and City's annual roadway (2 yr. total) maintenance but in no case will that exceed the County's base year (1994) cost or $5,959=8/mile/year * Mileage of Old CR 18 not reconstructed in the Bloomington Ferry Bridge project In addition, Scott County will be responsible to perform the routine maintenance work noted in our November 21, 1997, letter. This work will be done in 1998. Page 1 of 2 CITY OPTIONS (Please circle option selected) CSAH 16 Overlay/sealcoat or $18,800 Old CR 18 Regravel or $ 4,600 CR 72* Regravel or $ 3,750 Maintenance 2 Yr. County Maintenance or $56,956 • *Option on CR 72 must be consistent with Spring Lake Township position. The turnback of this road will not take place until the County Board acts on both the Shakopee and Spring Lake Township Agreements. This should allow time for City and Township to agree to the maintenance responsibilities. Approved: Jon Brekke, Mayor City of Shakopee Approved: Art Bannerman, Chairman Scott County Board of Commissioners Recommended for Approval: Brad Larson, Associate Administrator - Public Works and Lands Scott County jf-w:\word\turnback\mou-shak.doc Page 2 of 2 CNSENT CITY OF SHAKOPEE /5. 13. 2 • Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: CSAH 69 and CSAH 101 Signal Agreement for Participation in the Operation of Traffic Control Signals and Integral Street Lights DATE: January 20, 1998 INTRODUCTION: Attached to this memo is a letter and agreement for participation in the operation of traffic control signal systems and integral street lights between the City of Shakopee and Scott County. Also attached is Resolution No. 4828, a resolution authorizing the execution of an agreement with Scott County for participation in the operation of traffic control signals and integral street lights at seven intersections located on CSAH 69 and CSAH 101. BACKGROUND: Recently Scott County has obtained jurisdiction of portions of CSAH 69 and CSAH 101 through the turnback process. Previously, these roadways were known as T.H. 169 and T.H. 101 and these roadways were turned back to the County as a result of the new T.H. 169 being constructed. On these roadways,there are seven intersections that have traffic control signal systems and integral street lights. Previously, the City had an agreement with the State of Minnesota for the operation of these signal systems. The seven intersections that have existing signal systems and integral street lights are as follows: • CSAH 69 and Scott Street • CSAH 69 and Fuller Street • CSAH 69 and CSAH 101 • CSAH 101 and First Avenue • CSAH 101 and CSAH 17 • CSAH 101 and C.R. 83 • CSAH 101 and Valley Park Drive The agreement has been prepared by Scott County and is a standard agreement between the County and the City for operation of traffic control signals and integral street lights at those intersections. The City's obligation is for providing the electrical power, the operation of the signal and street lights and to maintain the integral streets lights as far as maintaining photo electric controls, relamping glassware and cleaning of the glassware. These maintenance responsibilities were previously included in the State agreement for operation of the signals and street lights with the City of Shakopee, with one exception in that the City was also responsible for the relamping of the traffic control signal lights, cleaning and painting signal mast arms. A chart has been included to show the before and after maintenance responsibilities between the two agreements. If Council agrees with the proposed agreement, then adopting Resolution No. 4828 is in order, which authorizes the execution of the agreement by the appropriate City officials. ALTERNATIVES: 1. Adopt Resolution No. 4828, a resolution authorizing an agreement with Scott County for participation in the operation of traffic control signals and integral street lights at seven intersections located on CSAH 69 and CSAH 101. 2. Deny Resolution No. 4828. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as the maintenance and operation responsibilities are the same with the County agreement except the City does not have to relamp, clean and paint the traffic control signals, as required previously under the Department of Transportation agreement. ACTION REQUESTED: Offer Resolution No. 4828, A Resolution Authorizing the Execution of an Agreement with Scott Count for Participation in the Operation of Traffic Control Signals and Integral Street Lights at Seven Intersections Located on CSAH 69 and CSAH 101 and move its adoption. rice Loney I Public Works erector • JAN-14-98 WED 10:30 P. 02 City of Shakopee Signal Maintenance Responsibilities UNDER PRIOR AGREEMENT WITH MN/DOT: I Relamp, Clean, Other Signal Luminaire Intersection I Power & Paint Signal Maintenance Maintenance I .,+,,,,,,,1„i,,t { 'S>'�i' Il ,,fyS ) i , s t mrr I , tz!>i.t)ni, I;,� ,;}ftl�t jt i,?F{i,".', ''i,i{ ,, i CSAR 69 & Scott Street ,, ., ^,Ii,,s- I,a ,',t, s„r,O.,;t;n '` MNDOT N/A �_....�.,__....r............,.,�. .._. t y ,I 7,',s,la f I :� ,'4';W);w )}s,+1,k 3,1'l 1','.`�u"a)I4°i ',«.,..�...._ .. t}1(`s1't, t1'+�(,�}} ��y�)!', ys�7���! }{ hit !} 1},�t►!# 4�tt 't zty +�� �,t `' 2 CSAR 69 & Fuller Street *,,41;,.,,'1';,,A}} ' 1,I,,,, Its; Ilat 0.�, ,, {,, rel '>tt�,I,, N tl�,, , ,, ,,r,'�‘ ',y ...__...�_ d,'nf£�I,}h }t`.ls}��£r tsks„5-��.,,3,. ,,,,,_-..-0,,,,'‘ lff,.�..,__........,._..».....,... ', wwxl4�iiitF�� � _,,.ti 3 CSAII 69 & CSAH 101 ;+'4s I,h ';'1/1 MNDOT MNDOT MNDOT ,} AlIA 4, � {V'j (3 t, iI+} I .. ...____________ q �1t , +f , , ,ct�r, ,h y} S'4 CSAII 101 & First Street 's":Sr ,'1), h)t}4, , ,re, I k4� MNDOT + d a ��)tM'J'4tSs,�$ ��,,,!yq, 5a tt7 �&Hkr $;rI„�It ,) ,•:;,,,,',,,I .,',,, i�� �d's Z1� ,:,,,,,,,;,.,,k,k, ' , tt 4�z�} , 4 ,r.,'f'8;`i''�1�!I I��, y�, � 1 , )yt7Ft� ,� �� ,, ns CSAR 101 & CSAR 17 ''''V,T.'':,, ,14 �>~>' kt ��'' _.. . MNDOT 1;., 40 , ,rti},$ Tt� ) r ., ,,'t`;11 1 4I{ ii 1't r ) ',` " } „ � f ',9 , i MNDOT �,r� i ' ��p � � 1 'i is CSAH 101 & CSAH 83 41::,i,,,,,,„4,1w� i H,4 t, Irlf,a y „., ;., ��}� . . .. ..,+-- dt4 lv m4I 2i �t�'1.._ ..rw.w"-+. .. .- ---.r—.r_.,r.. i 4 ''t' 1 > , , rl ;``1;'' '4,'='''4A'ha}iiM � 'r, ,4:1;: ��� �}�ly ' ��k1`` ,r CSAH 101 & Valle Park Dr ?� i'�a � sn� 6 �e�i ,'.+di,,L,`;11a`�t ` i; . ...,DOT , k > r PROPOSED AGREEMENT WITH SCOTT COUNTY: 11 I Relamp, Clean, 1 Other Signal tHinxnn.�:.r l - - .._— .........v..��.v�. f ,,id„),; ;, y)4t _ t CSAH 69 & Scott Street ,,,,'�s, ,', t,,}I` �'�( ''`'`'"' `� `' ' SCOTT CO. SCOTT CO. N/A _..._-.r.r.w.-_ rrr.._.wwrrwrr.r.-..�.r�r�.. 1t44.("u.,,4,i,,, {t'IR - _ _—..nwr..—.....w+r.. 2 CSAR 69 ielle __.....__ _ . -,' ,,tl +Dt;; & Fuller Street a,t „ts•`t ,, S OTT /� SCOTT CO. r °rz z ... - - --......W..•-•«.....,....--w......... ti4m0.7,:n4L.tfIil+ ,...,.,..__ VO..._.««. _-.,..,,....._-...,....,.. k tf'y`„� j'� �C�w� 1� 3 CSAH 69 & CSAR 101 }�'f ,..,,„N; SCOTT CO. SCOTT CO 4y'y�F� 4, 1, ,, >tFt i �� ...r........._ -.,+..,r.a,..«......+..._. fr.. , ,,t, +ti[ ,.rw.,,..-_...._____________------t,,;,,. rM�i' ,,,i T,1, ,, �.. ,,,,t{,,,,itt:, bm ,,,, ' )ti nt{ ,1 , r 4 CSAR_101 a ,,, , ! ,,{ r,'a}�, ,,, s,;It ,� & First Street _ H,' , 3� �I SCOTT CO. S �; } ,„,1,.',,,11! } COTT CO r t r„MJ , ` , � ,4 __. '_ ..... _. ,.w«....*.«_w,.+.''n.. --..nrr...---.,..r..r•.....w,w... ...•..n•.�..._.«..«,w...,,. Ii,t err M ,N,lll Ay, s CSAI-I 101 & CSAH 17 s s ,,, ',1e, , YID t� SCOTT CO. SCOTT CO s �' ” "�(° Oh ...� _�.... ....... . ...... llyk}) ,I k'tlt'Lk11 Alf , ly� " ,,,,k 'Jlyd �t,l�rh} _..�r....,__.,,,......_.....,,...,., .............,._-.,.......,.._.-..... a Ip,t} ; , 7 6.�. 6 CSAR 101 & CSAH 83 }'�"`�` `'�}� SCOTT CO. SCOTT CO ° , ),"1`'l'iAY 113 v -"—"---- ........._ `It,�sifi ,4'', hh 1i,',74,' ...__,.:., ..--._.,"-:„.....�..,....,,,._...........- ......... ++.J,e lir,,. t , i�' '' CSAH 101 & Valle park Dr , 1,,.` 4;,,,, 0,„,”SCOTT CO. SCOTT CO. ',„',4,'', '1 ,,i4 a° x;lexcelltrafficlsignalslagrmnts,xls 1 1/14/98 -RESOLUTION NO. 4828 A Resolution Authorizing the Execution of an Agreement with Scott County for Participation in the Operation of Traffic Control Signals and Integral Street Lights at Seven Intersections Located on CSAH 69 and CSAH 101 WHEREAS, the County of Scott has recently acquired, from the State of Minnesota through the turnback process, jurisdiction of portions of CSAH 69 and CSAH 101, and WHEREAS, these portions of road lie within the City of Shakopee, and WHEREAS, seven intersection traffic control signal systems and integral street lights exist on these road segments and the City has previously been a partner in an agreement with the State of Minnesota for the operation of these seven signal systems, and WHEREAS, this agreement to share costs/responsibility is consistent with the Scott County policy used for other signals within the County, and WHEREAS, the attached Agreement outlining the City's participation in the operation of these seven traffic signals has been reviewed and approved by the City Council. NOW, THEREFORE BE IT RESOLVED that the appropriate City officials be hereby authorized to execute the attached agreement and forward it back to Scott County for their execution. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 199_. Mayor of the City of Shakopee ATTEST: City Clerk jf-w:\word\turnback\cityres t.doc Pidgki2,1' SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612)496-8346 BRADLEY J. LARSON Fax: (612)496-8365 ASSOCIATE ADMINISTRATOR D " C� December 1, 1997 . pec Bruce Loney 3 4 Shakopee City Engineer ~' ' . O/ Shakopee City Hall H!gkOp 129 Holmes Street S. EF Shakopee, MN 55379 SUBJECT: CSAH 69 and 101 Turnback Signals Agreement for Participation in the Operation of Traffic Control Signal Systems and Integral Street lights Dear Bruce: Enclosed are two copies of the Agreement for Participation in the Operation of Traffic Control Signal Systems and Integral Street Lights for seven intersections on CSAH 69 and CSAH 101. Please have both copies signed and returned to this office. One fully executed copy will be sent to you. Also enclosed is a copy of a sample resolution authorizing the execution of this agreement. In summary, Scott County assumes all signal maintenance responsibility for the seven (7) signal systems covered by this agreement. This previously was in part the City of Shakopee's responsibility under agreement with MnDOT. The City will continue to maintain and relamp all of the streetlighting associated with these signals, which includes the added responsibility of maintaining the streetlights at CSAH 101 & CSAH 69. Please call us if you need additional information. Sincerely, 3' 4 Bradley J. Larson, P.E. Associate Administrator - Public Works and Lands B J L/j kf Enclosure/2 contracts j f-w:\word\t u rn b ac k\c i tys i g n.d oc An Equal Opportunity/Safety Aware Employer CSAH 69, CSAH 101 Signals City of Shakopee • County of Scott AGREEMENT FOR PARTICIPATION IN THE OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEMS AND INTEGRAL STREET LIGHTS • 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 City has expressed its willingness to participate in the operating cost of the following signal systems and integral street lights: 1. CSAH 69 @ SCOTT STREET 2. CSAH 69 @ FULLER STREET 3. CSAH 69 @CSAH 101 4. CSAH 101 @ FIRST AVENUE 5. CSAH 101 @ CSAH 17 6. CSAH 101 @ CR 83 7. CSAH 101 @ VALLEY PARK DRIVE NOW, THEREFORE, IT IS AGREED AS FOLLOWS: The City agrees that any City license required to perform electrical work within the City shall be issued to the County at no cost to the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. CSAH 69, CSAH 101 Signals City of Shakopee County of Scott I I The City shall provide the electrical energy for the operation of the traffic control signal systems and integral street lights, all at the sole cost and expense of the City. III The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal systems; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal systems may be directly involved in an emergency. IV The County shall maintain and repair said traffic control signal systems at the sole cost and expense of the County except for any emergency vehicle preemption (EVP) systems, which shall be maintained by the City at the sole cost and expense of the City. Further, the County shall maintain the integral street lights for the City except for maintaining photoelectrical controls, relamping, glassware, and cleaning of the glassware thereof. V 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, 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. 2 CSAH 69, CSAH 101 Signals City of Shakopee County of Scott VI 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. VII 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. VIII 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 under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged 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. 1 CSAH 69, CSAH 101 Signals City of Shakopee County of Scott 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 Workers' 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. IX The provisions of Minn. Stat. Sec. 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. 4 CSAH 69, CSAH 101 Signals City of Shakopee County of Scott 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 • ATTEST: By: Mayor Date: City Clerk And: City Administrator 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. By: County Attorney RECOMMENDED FOR APPROVAL: Date: By: County Engineer • Date: APPROVED AS TO EXECUTION: By: County Attorney Date: w:\word\agrmt\signal\tumback.doc November 19, 1997 5 15 & 3 , CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Feasibility Report for New Street Connection Between Existing C.R. 18 and New C.R. 18 DATE: January 20, 1998 INTRODUCTION: Attached is a feasibility report prepared by the Engineering staff for the new County Road (C..R.) 18 to old C.R. 18 connection. BACKGROUND: On December 7, 1993, City Council adopted Resolution No. 3908, a resolution ordering the preparation of a feasibility report for a street connection to the existing C.R. 18 with proposed C.R. 18. Staff has prepared this feasibility report and is attached to this memo. Initially, with the proposed construction of new C.R. 18 in 1994, it was included in the 1994 Capital Improvement Program, a project to provide a street connection between old C.R. 18 and new C.R. 18. The reason being for this street connection at this time was to minimize the travel time for residents and industrial property users to have a better access to new C.R. 18, T.H. 169 interchange and the Bloomington Ferry Bridge. Staff has reviewed this proposed street construction in further detail and has included maps showing where Scott County will allow the nearest connection to new C.R. 18. Previously back in 1994, it was thought that a street connection could be made to new C.R. 18 near the T.H. 169 interchange. Per Scott County Highway Engineer, Brad Larson, the closest access that would be allowed on new C.R. 18 would be 1/4 mile south of the intersection of future CSAH 21 and new C.R. 18. The cost of constructing a road from new C.R. 18 to old C.R. 18 through commercial property is estimated to be approximately $1.0 million dollars. This does not include right-of-way acquisition and also would perhaps hinder the development of the commercial sites. Staff believes it is best to allow the area to develop and incorporate connections from new C.R. 18 to old C.R. 18 for an efficient transportation and circulation system in this area. The amount of traffic that uses C.R. 18 and the extra distance traveled is minimal, thus the construction of this project is not very cost effective. ALTERNATIVES: 1. Approve a motion accepting the C.R. 18 to C.R. 18 street connection feasibility report, and to agree with the finding that construction of a street connection for C.R. 18 to C.R. 18 is not feasible or cost effective as this time. 2. Approve a motion accepting the feasibility report and direct staff to proceed on exploring other options on making a street connection between new C.R. 18 and old C.R. 18. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, for reasons as mentioned in the feasibility report. ACTION REQUESTED: Approve a motion accepting the C.R. 18 to C.R. 18 street connection feasibility report, and to agree with the finding that construction of a street connection for C.R. 18 to C.R. 18 is not feasible or cost effective at this time. ruce Loney Public Works P erector BL/pmp REPORT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map-Rezone property from Agricultural Preservation (AG) to Urban Residential(R-1B) • DATE: January 8, 1998 Site Information Applicant: Ames Construction Property Owner: Ames Construction Site Location: West of County Road 17(Marschall Road)and north of Valley View Road Current Zoning: Agricultural Preservation(AG) Adjacent Zoning: North: Agricultural Preservation (AG) South: Agricultural Preservation (AG) East: Agricultural Preservation (AG) West: Urban Residential (R-1B) Comp. Plan: 1995: Single Family Residential Area: 105.9 Acres - MUSA: The site is within the MUSA boundary INTRODUCTION The applicant is requesting that the City amend the Official Zoning Map to rezone a parcel currently zoned as Agricultural Preservation (AG) to Urban Residential (R-1B). Please see Exhibit A for the location of the subject site. Exhibits are attached as follows: Exhibit A, Zoning Map; Exhibit B, 1995 Comprehensive Land Use Map; Exhibit C, City Code Section 11.22, Agricultural Preservation (AG) regulations; Exhibit D, City Code Section 11.28, Urban Residential (R-1B) regulations; and Exhibit E, Communication from the applicant's consultant. CONSIDERATIONS 1. The Comprehensive Plan has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibits C and D provide a list of the uses, both permitted and conditional, that are allowed in the Agricultural Preservation (AG)and Urban Residential(R-1B)Zones. 2. The Land Use Chapter of the 1995 Comprehensive Plan designated this area as"Single Family Residential". The rezoning of the site to "Urban Residential", as requested by the applicant, would be in conformance with the 1995 Comprehensive Plan. 3. The purpose of the Urban Residential (R-1B) Zone is to provide an area for residential development where public sanitary sewer and water are available. FINDINGS The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. Criteria#1 That the original Zoning Ordinance is in error; Finding #1 The original Zoning Ordinance is not in error. Criteria#2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have, as expressed in the Comprehensive Plan, taken place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in City-wide or neighborhood development patterns have occurred. Increased development south of the Highway 169 bypass and along the County Road 17, along with the 1996 MUSA expansion, has provided access, visibility, and utility services to parcels along these corridors. Criteria#4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan has identified this area for single family use. Therefore, this request is in compliance with the land use plan in the 1995 Comprehensive Plan. ALTERNATIVES 1. Recommend to the City Council the approval of the request to rezone the subject property to Urban Residential (R-1B) from Agricultural Preservation(AG). 2. Recommend to the City Council the denial of the request to rezone property to Urban Residential(R-1B)from Agricultural Preservation(AG). 3. Continue the public hearing and request additional information from the applicant or staff. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of the request to rezone the subject property to Urban Residential (R-1B). ulie Klima Planner II i:\corn ndev\boaa-pc\1998\pc0108\rzames.doc p, • ., ..it. ,;,,,,,,,. , _ _ . i .,. ., ,,-:„... „ ,.....___. ..._ ,......... ..... . .... .v. ..,..c... .......,... .. .,,,...,. .,___ ., ,...., . _. ... . . . ,_ , ...„..,.,,‘,....,.„....„:„.,.. ..., , ,... .. ,.. .—... , ., f . „.... 41 L !!' Ihrt !, ` - ►r- ,i. �. ..., .: ::.,..., EXHIBI ' ' . . ve, ,,.: .... ..w.f„,::•2....._ v.,,_ _---•.-n: - . '�.it... -.mo _ ` ♦.w.. � T� L �. `RR V CGS • rf / /.. • AG silo-Ea...-. 4i. AG -- .:er7f..'\.. --4 '. - • v ust vsV iw toy , . .. . AG AG ';mu.. AVE. 81 ' ..•_• - RR 14.15111 DUCK Ili i - R`thi l LL - RR .. -,-2..1._---.--,----- '�.. • 1. • LEGEND k. ...., ThAG Underlying Zones l AG 111111 I AG { Agriculture I RR I Rural Residential ❑'DCIWD _ + s IR1A] Low Density Residential AG IR18I Urban Residential RR RR LR1C1 Old Shakopee Residential I. I R2 1 Medium Density Residential LAKE • I R3I Multiple Family Residential 1 1 j j 1 81 1 Highway Business C • 182 ( Office Business 'q,� 183 ( Central Business RR R j� � ( 11 ( Light Industrial �✓ i I 12 ( Heavy Industrial 004 AG I MR ( Major Recreation AG Overlay Zones cs,w H I—S-IShoreland 'Y i (—F- Floodplain District 1 y _ - V///4 Mining Overlay 4 xf i Qua i R, a *Y ?UD Overlay EXHIBIT C 11.22 SEC. 11.22. AGRICULTURAL PRESERVATION ZONE (AG). Subd. 1. Purpose. The purpose of the agricultural preservation zone is to preserve and promote agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered and leap-frog non-farm growth, and to prevent premature expenditures for such public services as roads, sewer, water, and police and fire protection. Subd. 2. Permitted Uses. Within the agricultural preservation zone, no structure or land shall be used except for one or more of the following uses: A. agricultural uses; - B. single family detached dwellings; C. forestry and nursery uses; D. seasonal produce stands; E. riding academies; • F. utility services; G. public recreation; H. public buildings; I. day care facilities serving 12 or fewer persons; J. group family day care facilities serving 14 or fewer children; or K. residential facilities serving six (6) or fewer persons. Subd. 3. Conditional Uses. Within the agricultural preservation zone, no structure or land shall be used for the following uses except by conditional use permit A. commercial feedlots, which include yards, lots, pens, buildings, or other areas or structures used for the confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes; B. home occupations; C. retail sales of nursery and garden supplies; D. cemeteries; • 1 E. churches and other places of worship; F. agricultural research facilities, which are facilities specifically operated for the purpose of conducting research in the production of agricultural crops, including research aimed at developing plant varieties. This term specifically excludes research ppe'evlsed al 1996 1111 § 11.22 • regarding the development or research of soil conditioners, fertilizers, or other chemical additives placed in or on the soil or for the experimental raising of animals; G. animal hospitals and veterinary clinics; H. kennels. A kennel is any premise in which more than two domestic animals, over six months of age, are boarded, bred or offered for sale; I. public.or private schools having a course of instruction approved by the Minnesota • Department of.Education for students enrolled in K through grade 12, or any portion thereof J. commercial recreation, minor; • K. utility service structures; • L. day care facilities serving 13 through 16 persons; M. residential facilities serving from 7 through 16 persons; N. wind energy conversion systems or windmills; 0. relocated structures; P. structures over 2-1/2 stories or 35 feet in height; Q. developments containing more than one principal structure per lot; or R. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the agricultural preservation zone the following uses shall be permitted accessory uses: A. machinery and structures necessary to the conduct of agricultural operations; B. garages; - C. fences; D. recreational equipment; E. stables; P. swimming pools; G. solar equipment; H. tennis courts; page rsvnod In 1996 1112 § 11. 23 !. receive only satellite dish antennas and other antenna devices; or J. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Desiqn Standards. Within the agricultural preservation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: •• A. Maximum density: one dwelling per 40 acres. B. Lot specifications: • Minimum lot width: 1000 feet Minimum lot depth: 1000 feet Minimum front yard setback 100 feet Minimum side yard setback 20 feet. Minimum rear yard setback 40 feet. C. Maximum height 35 feet. Grain elevators, barns, silos, and elevator lags may exceed this limitation without a conditional use permit. Subd. 6. Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 26.4, May 26, 1989; Ord. 279, December 1, 1989; Ord. 304, November 7, 1991; Ord. 377, July 7, 1994; Ord. 435, November 30, 1995) SEC. 11.23. Reserved. page r.via.0 n 1996 1113 .. ,,,,..--e-Le.A..,,. .. r .. .. N. \\ ite?. I 9e .=,,,„„, ,,,,.\ w.ow - o til 4 MAF t 1 L•N `f!. , '* �i*'til L l I t��t4 . ../.:- ) .,..‘ \ ... ,i I. 1 iiiihrhoy,..:1..2_-.-.?::, - - ,.. ,.t,\ ,,,2,:..}',".•-N .��.��� it'� .1, / Sc Nt t) . I_ l�}P �1% ;- d 1 \ \*49'_ 1.ii!"Liv -i:',-; - m • }rl E,,f, --....4,!.;.....•:,volt. — �,�y;+'. lefl. Y �— tits « a ° J� '. ---,-,,„_-:.s.,00---1„...../..,.. .n • 9 •kJ y N I I ,• ' ' I 1 ..-',...d .„-- )f, (j.-,,y\' 1 . fr, ,..,.....'...-.-.;:. ,lii..7-i+)::4"•,-.:-.; ,r'''• '' , .',,. .,),,, , y...4..,-.4r IP \ ''',.("-::::A ff ‘V11#111) ' ' ''. I 5 r ir ,,. i . , . _,...._ .:„, „ ,. �4: tVV � O OO 0 L___ R O't „ •0 +rlj 'i 13 1 AJ y4, 'Pi.� s ' / ,V.'-'i i , , 416:411.,,.. .,,Iiifrii. 1 (60 j, I s __. P -._..._moi yi e , ! ci tet . '' !`/f�` 4 411. ' ' . 4, L!L Iyz F+ o Aa o col ;: n (22 1 C ; c c c v o m (.0 0 -w ,a ro ` co 19 2 m o (J, Q en D p c G c . a c a_ . v 0 N •to ZC--• t7 'a m `< 3 2 o c y fl ro 3 J 3' I I I ' I (] O > o !� A tmn t 6677 N rrt 9, N 0 I � Z 0 Q (7 (n 0 I TABLE OF CONTENTS FOR C.R. 18 - C.R. 18 CONNECTION SHAKOPEE, MINNESOTA Description Page No. Introduction 1 Proposed Improvements 1 Background 1 - 2 1 Funding Sources 2 Summary 2 Appendix Project Location Appendix I Sample Routes Appendix II Financial Summary Appendix III Scott County Minimum Access Spacing Guidelines Staff Report and Resolution No. 3908 r I I I I I i I I ' INTRODUCTION City Council ordered the preparation of this report in order to consider the feasibility of a ' new C.R. 18 to old C.R. 18 connection. The City of Shakopee Engineering Department has conducted a study in order to determine if this project should be completed now or when development occurs in the area. 1 ' PROPOSED PROJECT The project considered by this report is the building of a street connection between the old C.R. 18 and the new C.R 18 as shown in Appendix I: C.R. 18-C.R. 18 Connection. The existing highways are shown in black, while the design of the proposed road is shown in red. Yellow shading indicates the approximate location of the existing, undeveloped commercial land. e BACKGROUND On December 7, 1993, City Council ordered the preparation of a feasibility report for the C.R 18 to C.R 18 Connection. (Please refer to the attached staff report and Resolution No. 3908). The proposed project is shown in Appendix I: C.R. 18—C.R. 18 Connection. The design of the proposed road was completed by William R. Engelhardt Associates, Inc. Many items had to be taken into consideration when designing the proposed road ' including wetlands, environmental issues, old landfills, topography, available right-of-way, property lines, detention ponds, undeveloped commercial area, and Scott County's access spacing guidelines. The County requires a minimum of one half mile spacing with signals ' and turn lanes for the proposed road. (Please refer to attached Minimum Access Spacing Guidelines). ' Staff has had several discussions with the County Engineer on access spacing and location along new C.R. 18. The County Engineer will not allow an access from T.H. 169 interchange to the future C.R. 21 and C.R. 18 intersection. The closest access for a C.R. ' 18 - C.R. 18 connection will be 1/4 mile south of future C.R. 21 and new C.R. 18 intersection as shown on Appendix I drawing. The land surrounding the proposed road is valuable, undeveloped commercial land. Currently, few homes and businesses are located in the area of the proposed project; ' approximately thirteen houses and four businesses are located along the old C.R 18, and about twenty-five houses are located along Boiling Springs Lane. The additional driving 1 ' distance along the existing route from these homes and businesses to the new C.R. 18 is minimal. For example, the distance from Point 1 (refer to Appendix II: Sample Route) to Point 2 is 1.4 miles along the existing highway, and 0.85 miles along the proposed ' highway. This is a difference of only .55 miles, which would cost $0.18 extra per trip, assuming a cost of$0.33/mile. 1 FUNDING SOURCES Cost estimates are shown in Appendix III: Financial Summary. However, the cost of ' valuable, undeveloped commercial land and possible severance damage award would add a considerable amount of cost to the project. 1 SUMMARY ' Building a C.R 18 to C.R 18 connection is not feasible, cost effective or necessary at this time. The additional driving time and cost resulting from the existing route versus the proposed route is minimal. In addition, the land surrounding the proposed road is valuable, undeveloped commercial land. Therefore, the building of a C.R 18 to C.R 18 connection at this time would not be economical, and would limit the possibilities for future development in the area. Once plans have been finalized for the development of the land, the proposed C.R 18 to C.R 18 connection should be reconsidered. 1 I 1 I 2 1 1 1 1 APPENDIX I APPENDIX I: CR 18 — CR 18 C❑NNECTI❑N 1 4„,E �.; s TERN RR, do / N ,„,,,„, •,'./,. I1\A ','„9 00- 4..\ \ V t \ 13TH AVE. 0 ll- 1 CO I — Existing road 3w €� � w Proposed road Z I 1 L ------------ j I Commercial area 11101D" O '010 ,- // , <,..,e)rv INOT TO SCALEi,/ BOILING I FvY0RE 73 CS AN 21 N D c� 16) -------- ----,-----------..- -- w n -4 w I A > �� J v MUNN JY. ns...NR wh.DEC.1997 FEASIBILITY REPORT FOR OLD COUNTY ROAD 18 PEEVEB w' tea. SSW II TO NEW COUNTY ROAD 18 CONNECTION APPROVED rT.—. SCALE NM I 1 APPENDIX II:; SAMPLE RL TE 1 1111111N4444441:: 1 WESTERN \` f I ��i 416 \ Itoeoleillt I �N GNPNGf(lit\ e\. `\ ZN�ER 13TH AVE. F- )) I C;) 1 t,o ¢ - ! =d r - Existing road ; Proposed road ----- I. DDDOOND PDI I Commercial area Proposed route Existing route INOT TO SCALE 4' • BOILING IFGToRE - 211\ --- A CS P'‘-\' ' 2-1 (?J N cF1' I \\\W I J v Q r_ DRAW DT, D.S,JID DATE,DEC.1997 FEASIBILITY REPORT .0111116A1FOR OLD COUNTY ROAD 18 CHECKED D''' PROJECT, IIII g I TO NEW COUNTY ROAD 18 CONNECTION I APPROVED en DAL SCALE:wE APPENDIX III : FINANCIAL SUMMARY 1 ' Length of Proposed Road (Ft.) = 7586 Cost of Proposed Road Per Foot = $125.00 * Total Cost of Proposed Road = $948,250 * Note: Cost of proposed road does not include right-of-way acquisition. 111 1 1 I 1 0 II o e 22 N dIh ! hI 2.N E N W G U C] v I ul o O F- I = C a y a `0a a y •� H N V♦ � m m m m m N ¢ E E E �E E m ;m , a o W . 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LLJ � o E oog E33 ab t3 gs. _ In, E > E > 0 CC W• Z 'c —o � or 1z D0 �' W 'bo c 5 CL W a5c ..I CO Z ter- ?ems _ w — $ � r m m V ul IL m N C7 In MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: New Street Connection Between Existing County Road and New County Road 18 DATE: November 30, 1993 IINTRODUCTION: Attached is Resolution No. 3908, which orders a feasibility report prepared for the above referenced project. BACKGROUND: IThe 1994 Capital Improvements Program includes the proposed street connection between the existing C.R. 18 and the proposed, new C.R. 18 alignment. Since Scott County is proposing to construct the new C.R. 18 in 1994, the City may want to design and build this new street at the same time, possibly under a joint project with the County, in order to obtain the best possible bid iprices. Staff is requesting authorization to prepare a feasibility report on this project by Resolution INo. 3908. This particular feasibility report will be more difficult than the usual feasibility studies. Most feasibility studies are basically the cost estimates and proposed assessment roll. There is usually minimal amount of engineering or preliminary design done on most feasibility reports since the street and utility alignment are usually established. In this particular study, the exact street alignment is unknown which will necessitate doing some preliminary design as part of the feasibility study. There are many constraints in this area such as wetlands,environmental issues,old landfills,topography,available right-of-way,property lines and County Road access points that need to be evaluated to determine alignment alternatives as part of the feasibility report. In other words, this report will require some amount of actual Ipreliminary street design prior to finalizing the report. Staff is proposing to complete this feasibility report in-house, although it may take longer to complete. The consultant that prepared plans and did all the design work for C.R 18 for Scott County, Strgar-Roscoe-Fausch, is also one of three consultants currently being retained by the City and there may be some advantages to utilizing them for this study but at this point staff recommends using in-house personnel. This project would probably be assessed 100% to the abutting landowners, except for any street Ioversizing costs, but the feasibility report will address the various funding options available. I 1 ALTERNATIVES: I 1. Adopt Resolution No. 3908, ordering a feasibility report prepared on this project. 2. Deny Resolution No. 3908. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: ' Offer Resolution No. 3908, A Resolution Ordering the Preparation of a Report on an Improvement to an Unnamed Street Connecting the Existing County Road 18 with the Proposed New County Road 18 and move its adoption. DEH/pmp MEM3908 1 1 1 1 : 1 I 1 1 1 RESOLUTION NO. 3908 A Resolution Ordering The Preparation Of A Report On An Improvement To To An Unnamed Street Connnecting The Existing County Road 18 With The Proposed New County Road 18 WHEREAS, it is proposed to improve an unnamed street between existing County Road 18 and the proposed new County Road 18 by new street construction and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, ' Chapter 429. NOW, ILIEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF I F E CITY ' OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all 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 MDs�u ,J Q,e� session of the City Council of the City of Shakopee, Minnesota, held this D ?72" day of 71012 ,-/),1) , 1993. Qc� 1 Mayor o th i of Shakopee ATTEST: fir- thJA;fik . C-4 City 9lerk Approved as to form: • City Attorney I 1 /s: i3. �! CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 1998 Reconstruction Project No. 1998-1 DATE: January 20, 1998 INTRODUCTION: Attached is Resolution No. 4826, a resolution receiving a report and calling a hearing on an improvement for the 1998 Reconstruction Project. BACKGROUND: On October 7, 1997, the City Council ordered the preparation of a feasibility report for the 1998 Reconstruction Project. This report has been completed and is attached for Council review. The proposed project area includes the following streets: Hot,mes • 5th Avenue, from Scott Street to Adams-Street • 6th Avenue, from Scott Street to Spencer Street • Fuller Street, from 6th Avenue to 5th Avenue • Sommerville Street, from 6th Avenue to 5th Avenue The purpose of the feasibility report is to evaluate the existing infrastructure (streets, utilities, drainage) and make recommendations for any improvements that are needed. The feasibility report also addresses the estimated costs for the improvements and the proposed assessments which would result from the project being constructed. The attached resolution sets a date for a public hearing for this project for February 17, 1998. The approval of Resolution No. 4826 does not order the project nor does it commit the Council to constructing any improvements. The intent of this resolution is to accept the feasibility report and set the public hearing date. The public hearing will allow the residents adjacent to the project area and the general public an opportunity to address the City Council on this project. Staff has prepared a brief presentation for the January 20th Council meeting which will provide an overview of the project, the feasibility report and main issues. Staff will make a full presentation at the February 17th meeting on the feasibility report to the public and the City Council. With this feasibility report, the main issues are as follows: 1. Construction of diagonal parking along Scott County Courthouse and School District properties. 2. Completion of sidewalk routes in project area and sidewalk assessments. 3. Installation of a storm sewer line along Fuller Street to the 6th Avenue and Fuller Street intersections. 4. Estimated project cost as compared to 1998 Capital Improvement Program (CEP) cost. 5. Assessments. ISSUE NO. 1 Staff has been in contact with the County and School officials on constructing diagonal parking on 5th Avenue, from Holmes Street to Scott Street for the County; and 6th Avenue, from Lewis Street to Holmes Street for the School District. These diagonal parking areas will provide additional parking space needed for the County Government Center and Central Elementary/School District offices. The extra paved parking area and storm sewer necessary for the diagonal parking is proposed to be assessed 100% to the benefiting properties. ISSUE NO. 2 The completion of sidewalk routes where there is existing sidewalk has not been fully completed. Sidewalk routes are being recommended by the Community Development Department on 6th Avenue, from Scott Street to Spencer Street; 5th Avenue, from Scott Street to Holmes Street; and Sommerville Street, from 6th Avenue to 5th Avenue due mainly to the schools in the area. These routes generally have sidewalks that exist on both sides, however, there are areas where the sidewalk was not installed. This issue was raised in the 1996 Street Reconstruction Project and the policy previously established is to either complete the sidewalk route or to remove the existing sidewalk and not replace. With this project, it is recommended to complete sidewalks along 6th Avenue, 5th Avenue and Sommerville Street to serve the Schools and County Government Center. From Scott Street to Holmes Street, 6th Avenue is designated a collector and the Council policy is to install sidewalk on both sides of the collector street. Staff will show maps of the sidewalks on the project at the Council meeting. On past reconstruction projects, sidewalks has been included with the street reconstruction costs and assessed at 25%. This practice is somewhat in conflict with the assessment policy which calls for sidewalks to be assessed at 50% for replacement. The reason for the 25% assessed cost in past projects is that the sidewalk system is considered part of the street and the entire streetscape is being reconstructed with the project. The City's policy for new sidewalk on street collectors is 100% of the City's cost. On the 1993 Street Reconstruction Project, the sidewalks installed on Spencer Street and 4th Avenue were assessed at the 25% rate and these streets were street collectors. The sidewalks on 6th Avenue are located in the front yards of residential property similar to other sidewalks proposed to be reconstructed in the project area. This feasibility report has been formulated using the 25% assessed cost for replacement and fill-in sidewalks on all of the streets. Adjustment of the 25% rate will result in minor changes to the estimated assessments found in the Appendix. Council should provide staff direction on location of sidewalks and assessment policy. ISSUE NO. 3 Staff is proposing to install a new storm sewer line to eliminate street grade dips at Fuller Street and 6th Avenue. Due to the closing of Fuller Street for the County Justice Center, the main route is along 6th Avenue to Holmes Street and Holmes Street to 4th Avenue. Installation of this new storm sewer will be paid out of the Storm Drainage Enterprise Fund. ISSUE NO. 4 The total estimated project cost for the proposed eleven street blocks of reconstruction is $1,152,892.24 and this estimate does include $100,000.00 of SPUC watermain replacement or repair costs. The 1998 CIP had a 1998 reconstruction project of ten street blocks at $900,000 with SPUC watermain replacement costs. SPUC has not totally determined the amount of replacement, new installation or repairs to the water system at this time, so staff has included a potential $100,000.00 cost for bonding purposes only. The watermain system cost is estimated to be between $40,000.00 and $100,000.00. A breakdown of project funding source costs are as follows: FUNDING SOURCE FEASIBILITY CIP Assessments $ 284,817.44 $ 220,000.00 Sanitary Sewer Enterprise Fund $ 158,174.72 $ 125,000.00 Shakopee Public Utilities $ 100,000.00 $ 125,000.00 Storm Drainage Enterprise Fund $ 30,236.80 $ 00.00 Tax Levy $ 532,061.37 $ 430,000.00 PROJECT TOTAL $1,105,290.33 $ 900,000.00 The tax levy amount for this project is estimated to be at $532,061.37 as compared to the estimated CIP tax levy amount of$430,000. The project area has eleven blocks of street versus the ten blocks in the CIP project. If Council wants to reduce the project size, staff would recommend the westerly blocks on 6th Avenue first. The other street blocks have significant sewer deficiencies which warrant more immediate attention. ISSUE NO. 5 The assessments include the following: • Street Assessment (Including Sidewalks) • Sanitary Sewer Service • New Sanitary Sewer Main • Pavement Widening to Scott County and School District The project area includes east-west streets that are assessed by the front footage method and north-south streets that are assessed by the City's zonal method. Many parcels will receive a front footage and zonal assessment from street reconstruction. For a 60 foot wide parcel having both a front footage, zonal and sanitary sewer service assessment, the total assessment could be as high as $4,000.00. The sanitary sewer main will be installed to eliminate long services in the City's right-of- way and will be assessed at 50% of the cost per City Policy. New sanitary sewermain is necessary on 6th Avenue from Sommerville Street to Holmes Street. Sanitary sewer services are considered the property owner's responsibility to the sewer main, thus this item is assessed at 100% of the cost. Pavement widening done to accommodate diagonal parking by the County Government Center and School District will be assessed at 100% of the cost. The public hearing is proposed for February 17, 1998. Staff would also conduct an informational meeting on February 10, 1998 with the affected property owners and bring comments received back to the Council. ALTERNATIVES: 1. Adopt Resolution No. 4826. This action will receive the feasibility report and set the date for the public hearing for February 17, 1998. 2. Deny Resolution No. 4826. This action will halt the project until such time as the City Council reconsiders the resolution. 3. Move to receive the feasibility report but do not set a date for the public hearing at this time. This action will place the project on hold until such time as the City Council sets a date for the public hearing. 4. Table Resolution No. 4826, to allow time for staff to prepare additional information and/or revise the feasibility report as directed by the City Council. RECOMMENDATION: If the City Council wishes to pursue all or a portion of this project for the 1998 construction seasons, staff recommends Alternative No. 1, to adopt Resolution No. 4826. This will allow the design process to begin after the public hearing has been held. Staff estimates the design process could take 2 to 3 months. If the project is to be completed in 1998, construction should be scheduled to begin in early June. The County Justice Center project is projected to be completed by October, 1998 and reconstruction of 5th Avenue would facilitate the parking for the site. Also, the sanitary sewer mains were found to be in poor shape in this project area and warrant replacement. If the City Council does not wish to pursue this project, then the appropriate action would be to move the approval of Resolution No. 4826 and vote against the motion. If Council wants to direct to revise the feasibility report and assessment procedures, then Alternative No. 4 is recommended. ACTION REQUESTED: Offer Resolution No. 4826, A Resolution Receiving a Report and Calling a Hearing on an Improvement for the 1998 Reconstruction Project No. 1998-1 and move its adoption. %1' ruce Loney Public Works Director BL/pmp MEM4826 RESOLUTION NO. 4826 A Resolution Receiving A Report And Calling A Hearing On An Improvement For the 1998 Reconstruction Project No. 1998-1 WHEREAS,pursuant to Resolution No. 4761 of the City Council adopted October 7, 1997, a report has been prepared by the City Engineer, with reference to the improvement of 5th Avenue, from Scott Street to Holmes Street; 6th Avenue, from Scott Street to Spencer Street; Fuller Street, from 6th Avenue to 5th Avenue; Sommerville Street, from 6th Avenue to 5th Avenue all by reconstruction of street, curb & gutter, sanitary sewer, storm sewer, watermain, sidewalk and appurtenant work and this report was received by the Council on January 20, 1998. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The Council will consider the improvement of 5th Avenue, from Scott Street to Holmes Street; 6th Avenue, from Scott Street to Spencer Street;Fuller Street, from 6th Avenue to 5th Avenue; Sommerville Street, from 6th Avenue to 5th Avenue all by reconstruction of street, curb & gutter, sanitary sewer, storm sewer, watermain, sidewalk and appurtenant work in acccordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$1,105,290.33. 2. A public hearing shall be held on such proposed improvements on the 17th day of February, 1998, at 7:00 P.M. or thereafter, in the Council Chambers of City Hall, at 129 South Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1998-1 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1998. Mayor of the City of Shakopee A I TEST: City Clerk FEASIBILITY REPORT I FOR 1998 STREET RECONSTRUCTION PROGRAM WHICH INCLUDES IMPROVEMENTS TO: 5TH AVENUE 1 6TH AVENUE FULLER STREET I SOMMERVILLE STREET IN SECTION 1, RANGE 23, TOWNSHIP 115 SHAKOPEE SCOTT COUNTY,MINNESOTA I hereby certify that this plan,specification, or report was prepared by me or under my direct supervision and that I am a duly registered I Professional Engineer under the laws of the State of Minnesota. Atie • 1 Date /55 /9?2 Registration No. 17590. J JANUARY 1998 1 1 TABLE OF CONTENTS ' FOR THE 1998 RECONSTRUCTION PROGRAM SHAKOPEE, MINNESOTA ' Description Page No. Introduction 1 Scope 1 Background 1 -2 ' Proposed Improvements 2 -4 Cost Estimate 4 - 5 Funding& Special Assessments 5 - 6 Conclusions 7 Appendix 1 I I I INTRODUCTION On October 7, 1997, the City Council of Shakopee adopted Resolution No. 4761, which ' ordered the preparation of feasibility reports for improvements to various streets as listed below: ' • 5th Avenue - Scott Street to Holmes Street • 6th Avenue- Scott Street to Spencer Street • Fuller Street - 5th Avenue to 6th Avenue ' • Sommerville Street - 5th Avenue to 6th Avenue SCOPE ' This report evaluates the feasibility of reconstructing these streets. All existing infrastructure elements (streets, utilities, etc.) were evaluated, improvements ' recommended, cost estimates of the proposed improvements prepared and funding strategies developed by this report. BACKGROUND These streets are some of the oldest in the City of Shakopee. The streets and utilities were constructed between 1927 and 1950. Improvements to the streets have since been limited ' to street patching and seal coating. These streets are in similar condition as other streets which have been reconstructed between 1980 and 1996 (See street reconstruction map in the Appendix). The existing pavements are extremely deteriorated to the point where they require far ' more than normal maintenance. There are many transverse and longitudinal cracks, large areas of patching, severe crown problems and curb and gutter deficiencies. These streets ' generate numerous citizen complaints on an annual basis and have been on the 5-Year Capital Improvement Plan for several years. ' Where sanitary sewer exists it consists of old, deteriorated clay pipe with offset joints and many service connection deficiencies. 1 AGE OF SANITARY SEWERS ' Sommerville Street- 1940 Fuller Street -None 5th Avenue- 1927 6th Avenue- 1927 ' Where watermain exists it is the original cast iron pipe. Existing storm sewer is concrete pipe which was either installed in 1980 or later or was ' determined to be in good condition upon investigation and did not warrant replacement at this time. The existing zoning of all abutting properties is shown on the zoning map in the Appendix. PROPOSED IMPROVEMENTS ' A. Roadway The existing pavements on those streets with curb is 44 feet wide. Width varies on ' those streets with no curb. It is proposed to reconstruct all of the streets to a pavement width of 44 feet except for 5th Avenue adjacent to the Courthouse and 6th Avenue adjacent to Central Elementary School. 5th Avenue from Scott Street to Holmes Street is included in this feasibility report for reconstruction and has also been included in the proposed Scott County ' Courthouse expansion project. A 44 foot wide street plus angle parking on the north side for courthouse parking is proposed. Shakopee Schools is requesting angle parking on one block of 6th Avenue adjacent to Central Elementary School. 6th Avenue, from Scott Street to Adams Street has been identified as a City rcollector route in the City's Draft Transportation Plan. Any extra pavement depth costs needed to upgrade the roadway from a local street to a collector street will ' be paid by the City. B. Sidewalks ' Several areas have existing sidewalks. ' This report recommends replacing any existing sidewalks. Six foot wide sidewalks would be constructed adjacent to the curb &gutter by the Courthouse and Central Elementary School. • 2 I 1 Sidewalk routes for this project are recommended as follows: • 6th Avenue, from Scott Street to Spencer Street -both sides • 5th Avenue, from Scott Street Holmes Street - both sides I • Sommerville Street, from 6th Avenue to 5th Avenue - west side only Sanitary Sewers IC. The existing sanitary sewer lines are 8 inch clay pipe. Fuller Street has no sewer and is served from 5th Avenue and 6th Avenue. All sewers within the project area Ihave been televised and found to be severely deteriorated. A sewer report from the Public Works Supervisor is in the Appendix. IIt is recommended that all sewers within the project limits be replaced with PVC pipe. Additional stubs may be needed in intersecting streets in anticipation of future sewer projects. I Any service connections that are defective would be replaced from the main line to I the property line. It would be the individual property owner's responsibility to replace the service line from the property line to the house. All service line replacement would be assessed to the benefiting property. It has been generally I the City's Policy to replace the service line unless the service has been replaced recently with current standard pipe material. I Any manholes that are not built to current standards would be reconstructed as part of this project. ID. Watermain Discussions are currently being held with Shakopee Public Utilities Commission I (SPUC) to determine the scope of watermain work that would be done as part of this project. The final plans will incorporate any watermain replacement work as requested by SPUC. Due to the age of the existing watermain, this report Irecommends to SPUC that the watermain be replaced as part of the project. No cost estimates were prepared for the watermain portion of this project, since Ithe actual scope of work has not been determined by SPUC. Since it is generally SPUC's policy to not assess watermain replacement, any watermain work which is requested by SPUC should not affect assessments. For the purpose of this report, Ia $100,000.00 watermain cost was included in the project costs for bonding purposes. I I I3 E. Storm Sewers New catch basins will be needed in order to improve the street drainage. ' Minor storm sewer replacement is necessary in order to reconstruct the streets. A new storm sewer is needed on Fuller Street to eliminate the dip on 6th Avenue. COST ESTIMATE A detailed cost estimate can be found in the Appendix. The following pp o owing costs were prepared based upon an Engineer's Estimate and are subject to change, depending on the final idesign of the project, bids received, and actual work performed. A summary of the estimated costs, assessments, sanitary sewer fund and tax levy for the project are as follows: FULLER STREET Project Cost $77,371.01 ' Assessment $11,783.56 Sanitary Sewer Fund $ -0- Storm Drainage $30,236.80 ' Tax Levy $35,350.65 SOMMERVILLE STREET Project Cost $71,205.73 , Assessment $14,827.04 111 Sanitary Sewer Fund $19,289.60 Storm Drainage $ -0- Tax Levy $37,089.09 ' 5TH AVENUE Project Cost $304,034.02 Assessment $ 96,820.32 Sanitary Sewer Fund $ 56,439.68 Storm Drainage $ -0- Tax Levy $150,774.02 1 4 1 ' 6TH AVENUE ' Project Cost $552,679.57 Assessment $161,386.52 Sanitary Sewer Fund $ 82,445.44 Storm Drainage $ -0- Tax Levy $308,847.61 TOTALS Fuller Street $ 77,371.01 Sommerville Street $ 71,205.73 5th Avenue $ 304,034.02 6th Avenue $ 552,679.57 Watermain $ 100,000.00 TOTAL $1,105,290.33 FUNDING SOURCES & SPECIAL ASSESSMENTS Street Portion It is proposed to special assess 25% of the street reconstruction costs tothose t ose properties abutting the project limits either based on front footage or based per lot.. A complete assessment roll and assessment calculations for each street can be found in the Appendix. The remaining 75% of the street costs will be funded by ' the City through general tax levy. The full cost of additional street width at the Courthouse and School would be assessed 100% to the benefitting property. ' Sidewalks Replacement and new fill-in sidewalks adjacent to local streets will be considered part of the street reconstruction and therefore be assessed 25% to those properties abutting the project limits and will be included in street assessments. Sidewalk credits will be credited to the properties that have had sidewalk panels replaced in conjunction with a sidewalk program under 20 years in age. I 5 I rSanitary Sewer& Water Service Lines Any sewer service connections that are found to be deficient and replaced will be assessed directly back to the benefited property. The sewer services are estimated to cost approximately $1,100.00 per lot. A separate sanitary sewer assessment roll covering any main line or service line assessments will be presented at the public hearing. Storm Sewers Storm sewer improvements on 5th Avenue relative to angle parking for the Scott County Courthouse will be assessed 100% to Scott County. Storm sewer added to Fuller Street to eliminate the dips at 6th Avenue or any other new structures or pipe will be funded by the Storm Drainage Fund. All other minor costs of the limited storm sewer improvements have been merged p g with street improvement costs. 1 Watermain rWatermain reconstruction is uncertain at this time. Any proposed watermain improvements would be funded by Shakopee Public Utilities Commission. rSanitary Sewer ' The majority of mainline sanitary sewer improvements would be funded 100% by the Sanitary Sewer Enterprise Fund. Any streets that receive new sanitary sewers would receive a 50% mainline sanitary sewer assessment if the properties are currently served by City sewer. FUNDING COST BREAKDOWN FUNDING SOURCE TOTAL COST Sanitary Sewer Enterprise $ 158,174.74 Storm Drainage Enterprise $ 30,236.80 Shakopee Public Utilities Commission $ 100,000.00 1 Assessments Street $ 194,450.04 Service Connections $ 62,832.00 Storm Sewer $ 15,699.20 Sanitary Sewer Main $ 11 827.20 ' Tax Levy $ 532,061.37 TOTAL PROJECT COST $1,105,290.33 6 1 CONCLUSIONS All streets included in this report are extremely p xt emely deteriorated and in need of reconstruction. The pavement is beyond any further preservation and requires higher than normal r maintenance costs. The sanitary sewers and watermains are the original systems and should be replaced. Property owners would be assessed for 25% of the street costs. This report concludes ' that the reconstruction of all streets is feasible, necessary and cost effective and recommends the improvements as stated in this report. 1 1 1 1 1 1 r t w APPENDIX r Prior Street Reconstruction rExisting Zoning Existing Sanitary Sewer Existing Storm Sewer Existing Watermain ' Existing Sidewalk Proposed Sidewalk Routes Assessment Areas r5th Avenue - Scott Street to Holmes Street Cost Estimate Assessment Roll 6th Avenue - Scott Street to Spencer Street Cost Estimate Assessment Roll Fuller Street - 5th Avenue to 6th Avenue 111 Cost Estimate Assessment Roll Sommerville Street - 5th Avenue to 6th Avenue ' Cost Estimate Assessment Roll ' Memo on Sanitary Sewer Televising and Evaluation I ------ -- rs� nuH[INI1❑b ?v 1S AIN \I 1 a /- I ..N= 'IS A3-1ffIS ;,,u 3Id211 w "3 33NMdHS `LMg � U Q21 33dH3Se1dW / 1S N❑I❑33 - w U 1 S ¢F!!) , z `� 6:4?----3N:1 DLi S ?l.>)26,, 2133N • lit, ''.2 IIIIIIIIIIIIr I 1S ` d3JIWndN � 0 ,. 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N ' pi < L-) -A_ N *IRA S so D 118 °OSSESS -v. : ��..� j1I k f 11111 0011110 a70 .... , > . fzi 't 1 q ' ' 0 r 11\ \04V, SO SS imegt • , , lrel W ir2 ki P WO WI SS Ti lia 'sQ war" \\\\V�\������� liii SO : ,:i ‘- '00' MUNI I i i vo °I' 1 woos' ‘,.., ' s-,4 Vs so in Li Lli 7111 SI 11 fallik ',A tT', .. ': ,,E.,.., ,,,,,os I , i , __, .. .. .... . _ . .. .. ., .. ,.. s ems .. v) F._ so 00 ma Oa wi opi"lik SCS SO g ,-N, (r) SU ' 1 U di U 1IuI 00 wo� VIII AdMNnH �� �� r, OSS 1,1, I I I i l l � aM11111_ _ r VIII �• �� ��� *Ow' vr, '1S J.y - [-0.' w 1 Ga r>� a. r 0 0 =,�oa = r ��dN '1S o go 1.0 �6r wr so 1.0 ois 00, logo I. 0111, row sago LJ Vii VOA WI WWI. rail. 101111111 _t I 01 Wo,- z Q SOJ0 L. I PRELIMINARY COST ESTIMATE I5TH AVENUE - SCOTT STREET TO HOLMES STREET :...........:.. <F >`11<> 1€1:11:;«1111118 .:.::::::::.::. mow CONTRACTo1>:11:1:>1:1e<:»> :<:r1::>r:»1:1:>1:1:1:1:>1:1:1:11:>>€:<>`1 >:1:>1:1<:`1:1:1:>e:1:1:1::.;:.;:.;::<::<::>:::>::;:::.;::.::::.:.;:.:;:.:.::.:;:.>;. . `r" >� `< ' > �i � '>�>' i >'isi>� <�><<'€'>>>le>:r>:�`:<<:'i�i> I::;:1>.::.::.:;.::>::>;il `'l »:::>:::itin> l> > >:1<1 <:.:::..<:>::1:><:.11;::`1:> >1€>;:>::>1 IROADWAY 1 Clearing EA. 3 $ 200.00 $ 600.00 2 Grubbing EA. 3 $ 200.00 $ 600.00 1 3 Remove Curb & Gutter L.F. . 1800 $ 2.00 $ 3,600.00 I 4 Remove Sidewalk S.F. 8400 $ 1.00 $ 8,400.00 and Concrete Driveway 1 5 Remove Pavement S.Y. 6730 $ 1.50 $ 10,095.00 6 Adjust Manhole or Catch Basin EA. 7 $ 200.00 $ 1,400.00 I 7 Sawing Bituminous L.F. 777 $ 2.25 $ 1,748.25 I 8 Sawing Concrete L.F. 60 $ 4.50 $ 270.00 9 Common Excavation P C.Y. 2330 $ 6.00 $ 13,980.00 I 10 Subgrade Excavation C.Y. 200 $ 6.50 $ 1300.00 1 11 Agg. Base Class 5 TON 2300 $ 6.50 $ 14,950.00 (100% Crushed - 6") I12 2331 Base Course TON 760 $ 24.00 $ 18,240.00 (2") 1 13 2341 Wearing Course TON 760 $ 25.00 $ 19,000.00 (2" Modified) I14 2341 Bit. Mixture for TON 30 $ 40.00 $ 1,200.00 Patching (2 1/2") I15 Concrete Curb & Gutter L.F. 2250 $ 7.00 $ 15,750.00 Design B-618 1 16 4" Concrete Walk S.F. 13600 $ 2.25 $ 30,600.00 I I • N I PRELIMINARY COST ESTIMATE 5TH AVENUE - SCOTT STREET TO HOLMES STREET ::: 17 6" Concrete Driveway S.F. 1670 $ 3.00 $ 5,010.00 Pavement w/4" Topsoil 18 SoddingS.Y. 1980 $ 2.25 $ 4,455.00 19 Relocate Exist. Tree EA. 1 $ 250.00 $ 250.00 Max. (6") Diameter 20 Furnish & Plant Shade EA. 2 $ 250.00 $ 500.00 Trees, Green Ash (Frax. Pennsylvania)Marshall Seedless 2" Diameter 21 Furnish & Plant Shade EA. 2 $ 250.00 $ 500.00 Trees Sugar Maple (Acer Saccharum) 2" Diameter Roadway Cost $ 152,448.25 Plus 10% Contingency $ 15,244.83 Subtotal $ 167,693.08 Plus 28% Engr./Admin. Fees $ 46,954.06 TOTAL EST. ROADWAY COSTS $ 214,647.14 AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS = $ 214,647.14 ($13,615.11) Less Widening Cost $ 201,032.03 25% x $201,351.14 = $50,258.01 Note: Widening cost of$13,615.11 to be assessed 100%to Scott County. I I I I PRELIMINARY COST ESTIMATE 5TH AVENUE - SCOTT STREET TO HOLMES STREET Nun t`T ; . �ingels< ' > i >'<'> << '<i<ii<ii�>i >>< >`�> '�' >geoilin `< tiNtrom` .;..;:: i NO IT ; :>::: SANITARY SEWER 1 Remove San. Sewer Manhole EA. 2 $ 175.00 $ 350.00 2 Connect to Remaining Sewer EA. 1 $ 400.00 $ 400.00 1 3 Sanitary Manhole 0'-8' Depth EA. 2 $ 1,400.00 $ 2,800.00 4 Manhole in Excess of 8' Depth L.F. 4 $ 200.00 $ 800.00 I 5 8" PVC Sanitary Sewer L.F. 1021 $ 35.00 $ 35,735.00 I6 4" PVC Sanitary Sewer L.F. 560 $ 15.00 $ 8,400.00 I7 8 x 4 Service Wye EA. 14 $ 75.00 $ 1,050.00 8 Conn. To Exist. Sewer Service EA. 14 $ 200.00 $ 2,800.00 I Sanitary Sewer Cost $ 52,335.00 IPlus 10% Contingency $ 5,233.50 Subtotal $ 57,568.50 Plus 28% Engr./Admin. Fees $ 16,119.18 I TOTAL EST. SAN.SEWER COSTS $ 73,687.68 IAMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS = $17,248.00 100% of Sanitary Sewer Service Cost ISanitary Sewer Service Cost $ 12,250.00 Plus 10% Contingency $ 1,225.00 Subtotal $ 13,475.00 I Plus 28% Engr./Admin. Fees $ 3,773.00 I TOTAL EST. SAN.SEWER $ 17,248.00 SERVICE COSTS I 14 Services on 5th Avenue -Estimated Assessment Per Lot = $1,232.00 I I I PRELIMINARY COST ESTIMATE 1 5TH AVENUE - SCOTT STREET TO HOLMES STREET i O��><> I::E:"'hili MEEE<« >>> > < < N `IiniNi: :::CIti » ; :: ::<:::::::<_;:::»>'°'.< ; >iiiig::>.:I.,: :TM> < > ; > 0T: << >> >; ............:.:.:: �>wM......... ......... ... .... ..... .... ..... u��r ........, :.�.iAl�nirar...;:: ....�€�r.��:>::::::: ,........ ���; C .:..::<:::::: 1 STORM SEWER 1 Remove Catch Basin EA. 1 $ 300.00 $ 300.00 2 Std. Catch Basin EA. 2 $ 1 000.00 $ 20 00.00 I3 Storm Manhole 0'-8' Depth EA. 2 $ 1,100.00 $ 2,200.00 4 Convert Manhole to Catch EA. 1 $ 400.00 $ 400.00 1 Basin I 5 12" RCP L.F. 250 $ 25.00 $ 6,250.00 111 Storm Sewer Cost $ 11,150.00 Plus 10% Contingency $ 1,115.00 I Subtotal $ 12,265.00 Plus 28% Engr./Admin. Fees $ 3,434.20 ITOTAL EST. STORM SEWER COSTS $ 15,699.20 AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS = $15,699.20 1 * Note: 100% of 5th Avenue storm sewer cost to be assessed to Scott County for street widening for angle parking. I I I I I I F- ' J LU N N eV- M M 47 .- r- co e- � � M M M co O CO CO a0 .- o N a_l O N N co coo_ a) a) a) CO ~ M N N 40 40 40 41 CN 40 � 40 U) u} 40 40 Q F— W W o o 0 0 0 0 0 N O 0 O O O Cel M M M M M M WW N N N N N N N. 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MU) 0MU) JMU) MNU) U) O O 0 O O O O O O O O Q N LA N M M Ln Nin MTr L Ntil M 141 Lo O O O O O O O O O OE i- m 0 O O O O O O O O O O O I W aN N N F- N N- N N N N N N (N N N N N N N I IZ.ILI e- r- c7 NI- r M O N J M M M M e- M v. N CO F- - N N N N o0 N O N 0 W O M CO CO N M CO r I- COta 93. 40 6M4 • E• N9 6M? 03 COQ 111f- VW o M 0 0 0 0 0 0 0 0 0 NN N N N N N N CC; > y M M M M M M M M N W N N N N N N N N I W W .- r- r CO CO EA U, U, If; z; ER Zo; h9 v- Q F- ' N 7.) M M M r M () N C") W N ILI (n M M M M sF M (A I: Fce- W co CO_COCO CO O CO CO CA Nr �- C) I 0 N 7, d3 69 7, 69 tf3 69 C!-T Q to F- F I z 0 o to (0 c00 co CD in c0 ccoo LL 0) I M N: N .. Er) U) 0 I- I LU Z J O W W W W W O W W W E. I WE N O N O N O r O M 0 (n ^ 0 co r O 0 ✓ Q Q Q Q Q Q Q Q J N 2 Y I Y I Y I Y 2 X 2 Y 2 Y 2c W ..J U) JU) -1 U) '--NU) JU) W_.JU) JO) -I U) FJJ m LL m W m LL O LL CO LL CO LL m LL O LL 0 CO n 1 > -J � 0 C0O � oQ J L Q 2 UQ' F- F- F- F- > F- OJ F- F- ? F- › H o = J Luc) 0U -IU _jU _1Oot _i0 -IU � 5ozs O� Cl) II 0 �Z'^ >- w - 0 VJ ,- • a W w w 0 z N Ow Z 0 Z Z w co Z J Z _ W 0 W >- ID z U 0m CC U ce Z r N .- N Z N < N O O N M N- r E IL H W Z W � Y � � oZ to2ain } or) L Cl) Z Z W Z to U) u� Ln Q N in 0 in Q u� • W �LU z D ¢ � Wo w � � wW � w s (�n � � u�i � � 1- co z p ww1ww WW = w w O re >- > WU > a_ z > a0 > aI- � a ,� � aZI- a � > a c c(i) I V) W W WQOWQ0 000Q0a00 00 — OWQ0 cn t/) 4. � �oYW �nY `-� unYOLnYW2Y � 2YF- � YOuoY E W Q ~ CZ 2 ,- 2QN2QN22M20p = QN = QN2QM2 E (/) I CI W d CO N U) 7 N CO 2 N U) F- NU) CC u7 U) 0 N CO 2 .- U) 2 e- U) N Q I- rX O O O O 9CV O O O co Q - U)Fus) U) UO) CO CO (0 (0 Q ) 2 Cl) Cd) to U) U) U) U) U) Lf) u) N co O 'CS O O O O O O F- W r d N N N N N N N N IC41i. I PRELIMINARY COST ESTIMATE r6TH AVENUE - SCOTT STREET TO SPENCER STREET r iliftgRI OMMw::::.v::::::::::::::::::::::y:::::•:::is ii::Li:4?:iii::::::::v:::::.•::::::::y::::::!L4}iiii:^:h}:.:.�:L::::::::::�11 . ��*�:;:rr���;:i:;i:}�i:{$:ty{:}y;::{s�:::':''i•:•:jy!;:;::'{:•,i?;{�?:$}$f ii:$;{iii:>. r.�.:..j1$iisviitfy:..i. :::.'•$:;$$$:si$$$$:Li:$:..?Y'i,;.:.}..:y,,r$`'::$$$j:i:$${:jr:}:$:�i:r�:::$$$:Si?:$•$:CG.M1•••�.v•.•••.:�•�'•'•i:•••'i}'}:;:::,.t::1ij$::: rROADWAY r1 Clearing EA. 6 $ 200.00 $ 1,200.00 2 Grubbing EA. 6 $ 200.00 $ 1,200.00 I 3 Remove Curb & Gutter L.F. 4370 $ 2.00 $ 87 40.00 I 4 Remove Sidewalk S.F. 19600 $ 1.00 $ 19,600.00 and Concrete Driveway I5 Remove Pavement S.Y. 11430 $ 1.50 $ 17,145.00 I 6 Adjust Manhole or Catch Basin EA. 7 $ 200.00 $ 1,400.00 7 Sawing Bituminous L.F. 540 $ 2.25 $ 1,215.00 r8 Sawing Concrete L.F. 313 $ 4.50 $ 1,408.50 I9 Common Excavation P C.Y. 4100 $ 6.00 $ 24,600.00 10 Subgrade Excavation C.Y. 200 $ 6.50 $ 1,300.00 I11 Agg. Base Class 5 TON 4740 $ 6.50 $ 30,810.00 (100% Crushed - 6" & 8") ** I12 2331 Base Course TON 1290 $ 24.00 $ 30,960.00 (2") I13 2341 Wearing Course TON 1290 $ 25.00 $ 32,250.00 (2" Modified) I14 2341 Bit. Mixture for TON 30 $ 40.00 $ 1,200.00 Patching (2 1/2") I15 Concrete Curb & Gutter L.F. 4370 $ 7.00 $ 30,590.00 Design B-618 I16 4" Concrete Walk S.F. 19000 $ 2.25 $ 42 750.00 I I I PRELIMINARY COST ESTIMATE 6TH AVENUE - SCOTT STREET TO SPENCER STREET :> '">` i:rCiiNCNi:::::F:: :.:..:t•n.::x{.ii� ....t ITS .:. .:::. ; .. ..:. :.:::::::::>:::. }:..jn};:{i:%i`ii:?::::,;3i:>isi::ii::i;iii{:}:::'::::::::':: 'iti't?'iiii`ii'Sk}iit�;:>:}:.i:.iii::i:':::::i::::::��:2%i<.:%::::}:i:.;������:.�'�.;;i:;:; ?+.f'i yy;;>..•���:i:E<?vi::::�:i�::::::>::t:::t:Sii>.....t.:.,'.....i:..iiiiiiii i;i is ...................... .........: ........: ::.::::::..: �i��'....... �CtA .:: �� .....;:;<:::>;::::i:::>::::;iT�7�TA���:::::�::{:::::::iii. 17 6" Concrete Driveway S.F. 6940 $ 3.00 $ 20,820.00 Pavement I18 Soddingw/4" Topsoil p S.Y. 7890 $ 2.25 $ 17,752.50 19 Relocate Exist. Tree EA. 1 $ 250.00 $ 250.00 Max. (6") Diameter 1 20 Furnish & Plant Shade EA. 3 $ 250.00 $ 750.00 Trees, Green Ash (Frax. I Pennsylvania)Marshall Seedless 2" Diameter I 21 Furnish & Plant Shade EA. 3 $ 250.00 $ 750.00 Trees Sugar Maple (Acer Saccharum) I2" Diameter 22 Retaining Wall S.F 300 $ 15.00 $ 4,500.00 I Roadway Cost $ 291,191.00 I Plus 10% Contingency $ 29,119.10 Subtotal $ 320,310.10 Plus 28% Engr./Admin. Fees $ 89,686.83 ITOTAL EST. ROADWAY COSTS $ 409 996.93 Plus Widening for Shak. Schools $ 5,290.00 IGRAND TOTAL $ 415,286.93 I Calculation for Amount to be Assessed $ 409,996.93 Minus Extra Tonnage Design - Holmes to Scott Street $ (5,399.68) $ 404,597.25 I 25% x $404,597.25 = $101,149.32 I Note: An additional $5,290.00 to be assessed 100%to Shakopee Schools for widening 6th Avenue at Central Elementary School. I ** 6" Class V- Holmes to Spencer St. and 8" Class V- Holmes to Scott St. I PRELIMINARY COST ESTIMATE I6TH AVENUE - SCOTT STREET TO SPENCER STREET INC 0§0§601.11111111111111SIMIE iiiiiiiiiMENINNIMINIIIIIIIIIONI tittiMii ITEM ininiiiiiiiiiiiiintiiiiiiiiiiiiiiiiiiiiiiiMiliiiiiitiiiiENNE MOUNICC]ititiiiiNitite li.1.,iimgi•PRICE i]i•iiiiiIiiin EiMilittifAMMMiit ISANITARY SEWER 1 Remove San. Sewer Manhole EA. 3 $ 175.00 $ 525.00 I2 Connect to Remaining Sewer EA. 4 $ 400.00 $ 1,600.00 3 Sanitary Manhole 0'-8' Depth EA. 4 $ 1,400.00 $ 5,600.00 4 I Manhole in Excess of 8' Depth L.F. 6 $ 200.00 $ 1,200.00 5 8" PVC Sanitary Sewer L.F. 1658 $ 35.00 $ 58,030.00 I6 4" PVC Sanitary Sewer L.F. 1400 $ 15.00 $ 21,000.00 I7 8 x 4 Service Wye EA. 35 $ 75.00 $ 2,625.00 8 Conn. To Exist. Sewer Service EA. 35 $ 200.00 $ 7,000.00 I Sanitary Sewer Cost $ 97,580.00 I Plus 10% Contingency Subtotal $ 9,758.00 $ 107,338.00 Plus 28% Engr./Admin. Fees $ 30,054.64 ITOTAL EST. SAN.SEWER COSTS $ 137,392.64 I AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS = 100% of Sanitary Sewer Service Cost I Sanitary Sewer Service Cost $ 30,625.00 Plus 10% Contingency $ 3,062.50 Subtotal $ 33,687.50 IPlus 28% Engr./Admin. Fees $ 9,432.50 TOTAL EST. SAN.SEWER $ 43,120.00 1 SERVICE COSTS I35 Services on 6th Ave. - Estimated Assessment Per Lot= $1,232.00 I I I PRELIMINARY COST ESTIMATE 6TH AVENUE - SCOTT STREET TO SPENCER STREET �tTR 'f :.:.:..:•.:::.:.ITEC .........:::.::::.:::: :.:.:.:.:.;:;;.;:.;::.;:.:.:.:.:.;:.;:::.:.::: UNIT....., .: UANTITY :::::PRICE TOTS ......... 1 PRELIMINARY COST ESTIMATE New Sanitary Sewer Main Adjacent to Property ' New San. Sewer Main Cost $ 16,800.00 Plus 10% Contingency $ 1,680.00 Subtotal $ 18,480.00 ' Plus 28% Engr./Admin. Fees $ 5,174.40 TOTAL EST. SAN.SEWER $ 23,654.40 MAIN COSTS Assessed Amount per City Policy is 50%to Benefitting Properties and will be Assessed on a Per Lot Basis. Assess 50% of$ 23,654.40 ' Assessed Amount = $11,827.20 Four Lots on 6th Avenue Benefit from New Sanitary Sewer Main Estimated Assessment Per Lot = $2,956.80 I 1 I I I II- I LLI Z o J co co o c o 0) 0 o w 000 • 0) H o� v LO o o CO cd 0 0) 0 0 u) 'r r' N. 0 N- 000_ a 0o^ W I— U) I Q 2 'i- ll ' Q W 2ct ca 0 0 0 0 0 0 0 0 0 0 W W 609 609 E4 609 6ci 09 0 OE4 64 W N I ya I- 1z111 O 0 0 O I > y N N O O O 0 N N O O LU W co N co N 609 609 co 69 N N 609 LU r r N y 69 69 6r9 6r9 II- I- 2 O W0 000 0 0 o rn co co co co LIJ co co co ri cO co co _ _ coCZ 0303 03 u) * r r coMCO 03 03M co N N 0) N r r r r f9 E9 6f} 69 E9 69 69 6R 69 I Q 0 ° o 0 N r 0 0 0 0 O CO CO CO co co O O CO O Et I Lt. 14- Z 0 1- w w w W U, W W w w W w w p, W W W W W W W N W W W W a 0- 0 a a. *a a a Q. 05 a a a O O O 0 O O r O O O O V Y MY MY MY � Y `.) 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O O W , r � 69.Cl)N Q I Z o ix N O 0 0 0 0 N F.: W669 09 609 609 4- r NQ to H V W I O O O O coO O oi cNi cNi 0 co5 co re 11.1 co N N N N N ri (A N 69 69 69 69 69qtr r Q H to Z c4 W 000 000 0 Co0 COr W 00co 00co - COco 00 co 00 co W 00 00 co_ 00 00 co er ei 0 w 69 69 69 69 69 0 Q CO 69 IZ ,"' I) • p co c° co co c° 0 re en I LLLL co ul Z co O o r a w w w w w w69. a a a n a. re V Y' tY d Y � Y �Y coot c") .‹ "' a ao o ao r W W I yi yi Yi Yi Yi ▪ U) JO) JU) -J U) JO) m (/) II W Q 0 (00 N0 000 0) 0 oro J cIE W I- It 0 OV Ov 00 O0 OV 0 = d fx O w w c' ~O (0▪ 0 ct II I � a z I o ca Li_ Z W w I- J O z J z v o 0Z I ▪ (~j O rn rn Q rn Q rn rn rn c co M Z r- ct M z N M N X Z u) W iin n 0 in CO in u� cn 7 W r W• u) a zcnw � j � - 20 > 21= 2 zw Z w H N O w ¢ ~ 3 O a ww _' 2W 2w0 W (w2W WwW = W N W < O (ncOOO � c° OOW -40 a. -1 O00O. � Qa0 c co r WWcOYWYaYJCOY � Y -� Y W < I- Oa � Oa � NaWNaaOa >. 000a 4) U) v 2 a 0 2 0 , 2 N 2 2 M 2 a 0 2 E co 0 W N (nM (n W M (Oxm (nU MU) � M (/) N a r WaW I U 2W o co co co cc) co 00O O O O 1O L I Om d O O O O O H W r N N N N N I PRELIMINARY COST ESTIMATE IFULLER STREET - 5TH AVENUE TO 6TH AVENUE > ` a ` iii> > > <>> <>>' >< > Er >}> '<i iouli iniii ' io i'> '> '>>''iiiiin><'` ><` ` i ii t i > `E±; <i'i=ii ii:<<iiiiiii:isiiii:iiii>ii>i i<>=:ii>ii>ii:iiiiiii:i:ii ii»iii:>iiiiiiii>iiii><>ii:iiiii<:i i i>i;i;;.::.:;:. 'iiiiiiiiii i<i::::.:::>::.;.;>;;:.:.:::«::>:><:>i`>«i<i i€i::>.:»>::>:::i»>iiiii;iii>i i i fii iii€iii<iiiiiii:ii`'''``:``:`'```"`> >< `'`' IROADWAY III 1 Clearing EA. 2 $ 200.00 $ 400.00 2 Grubbing EA. 2 $ 200.00 $ 400.00 I3 Remove Curb & Gutter L.F. 600 $ 2.00 $ 1,200.00 I 4 Remove Sidewalk S.F. 200 $ 1.00 $ 200.00 and Concrete Driveway I5 Remove Pavement S.Y. 1375 $ 1.50 $ 2,062.50 6 Adjust Manhole or Catch Basin EA. 3 $ 200.00 $ 600.00 I 7 SawingBituminous L.F. 10 2.25 22.50 $ $ I8 Sawing Concrete L.F. 50 $ 4.50 $ 225.00 I9 Common Excavation (P) C.Y. 560 $ 6.00 $ 3,360.00 10 Subgrade Excavation C.Y. 100 $ 6.50 $ 650.00 I11 Agg. Base Class 5 TON 500 $ 6.50 $ 3,250.00 (100% Crushed - 6") I12 2331 Base Course TON 169 $ 24.00 $ 4,056.00 (2") I13 2341 Wearing Course TON 169 $ 25.00 $ 4,225.00 (2" Modified) 1 14 2341 Bit. Mixture for TON 15 $ 40.00 $ 600.00 Patching (2 1/2") I15 Concrete Curb & Gutter L.F. 600 $ 7.00 $ 4,200.00 Design B-618 I16 4" Concrete Walk S.F. 100 $ 2.25 $ 225.00 I 1 I PRELIMINARY COST ESTIMATE IFULLER STREET - 5TH AVENUE TO 6TH AVENUE I17 6" Concrete Driveway S.F. 1450 $ 3.00 $ 4,350.00 Pavement I 18 Sodding w/4" Topsoil S.Y. 1200 $ 2.25 $ 2,700.00 I 19 Relocate Exist. Tree EA. 1 $ 250.00 $ 250.00 Max. (6") Diameter I 20 Furnish & Plant Shade EA. 1 $ 250.00 $ 250.00 Trees, Green Ash (Frax. Pennsylvania)Marshall ISeedless 2" Diameter 21 Furnish & Plant Shade EA. 1 $ 250.00 $ 250.00 ITrees Sugar Maple (Acer Saccharum) I 2" Diameter I Roadway Cost $ 33,476.00 Plus 10% Contingency $ 3,347.60 Subtotal $ 36,823.60 IPlus 28% Engr./Admin. Fees $ 10,310.61 TOTAL EST. ROADWAY COSTS $ 47,134.21 IAMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS = $47,134.21 1 25% x $47,134.21 = $11,783.56 I I I I I PRELIMINARY COST ESTIMATE FULLER STREET - 5TH AVENUE TO 6TH AVENUE monitThOmmo STORM SEWER 1 Std. Storm Sewer Manhole EA. 2 $ 1,100.00 $ 2,200.00 2 Std. Catch Basin EA. 3 $ 1,000.00 $ 3,000.00 3 12" RCP L.F. 115 $ 25.00 $ 2,875.00 ' 4 15" RCP L.F. 80 $ 28.00 $ 2,240.00 5 18" RCP L.F. 360 $ 31.00 $ 11,160.00 Storm Sewer Cost $ 21,475.00 Plus 10% Contingency $ 2,147.50 Subtotal $ 23,622.50 Plus 28% Engr./Admin. Fees $ 6,614.30 ' TOTAL EST. STORM SEWER COST $ 30,236.80 * This cost to be paid 100% by the Storm Drainage Fund. 1 1 111 IESTIMATED ASSESSMENT ROLL FOR FULLER STREET 1998 STREEET RECONSTRUCTION PROGRAM INUMBER STREET P.I.D. PROPERTY OWNER LEGAL DESCRIPTION OF LOTS ASSESSMENT I 27-001548-0 CAROL G TAYLOR LOT 3 BLK 72 0.50 $589.18 219 6 AV W CITY OF SHAKOPEE SHAKOPEE MN 55379 &W 3.9' OF 4 I 27-001549-0 SCOTT M & LINDA L VANDERWERF LOT 4 BLK 72 1.00 $1,178.36 211 6 AV W CITY OF SHAKOPEE SHAKOPEE MN 55379 27-001551-0 DONALD L& LINDA F BITTNER LOT 5 BLK 72 1.00 $1,178.36 I 203 W 6TH AVE CITY OF SHAKOPEE SHAKOPEE MN 55379 27-001552-0 MARY L ERNST LOT 6 BLK 72 1.00 $1,178.36 I 202 W 5TH AVE CITY OF SHAKOPEE SHAKOPEE MN 55379 27-001553-0 SHIRLEY MAE HENNEN TRUST LOT 7 BLK 72 1.00 $1,178.36 I 212 5 AVE W CITY OF SHAKOPEE SHAKOPEE MN 55379 27-001554-0 JAMES C & CONNIE W HEINE LOT 8 BLK 72 0.50 $589.18 I 220 5 AV W CITY OF SHAKOPEE SHAKOPEE MN 55379 27-001557-0 MICHAEL J STRUNK LOT 1 BLK 73 1.00 $1,178.36 I 135 6 AVE W CITY OF SHAKOPEE SHAKOPEE MN 55379 27-001558-0 WILLIS E SMITH LOT 2 BLK 73 1.00 $1,178.36 127 6 AV W CITY OF SHAKOPEE I SHAKOPEE MN 55379 27-001559-0 ALVINA A KOPISCA LOT 3 BLK 73 0.50 $589.18 119 W 6TH ST CITY OF SHAKOPEE I SHAKOPEE MN 55379 27-001564-0 DAVID & KAREN MOONEN LOT 8 BLK 73 0.50 $589.18 223 HOLMES ST. PO BOX 300 CITY OF SHAKOPEE I 27-001565-0 SHAKOPEE MN 55379 MARTIN W &JODY M GLYNN LOT 9 BLK 73 1.00 $1,178.36 128 W 5TH CITY OF SHAKOPEE SHAKOPEE MN 55379 I 27-001566-0 MADGE W TOBIAS LOT 10 BLK 73 1.00 $1,178.36 138 5 AV W APT 1 CITY OF SHAKOPEE SHAKOPEE MN 55379 & W 10'OF LOT 9 I TOTALS = 10.00 $11,783.56 IASSESSMENT PER LOT= $1,178.36 I PRELIMINARY COST ESTIMATE ISOMMERVILLE STREET - 5TH AVENUE TO 6TH AVENUE ItgIC CONTRAST MINMENiiiiiniliiiiiii:OliNEMill liniiiiiigniniiiii!iiiiiapiefatinniiiii IROADWAY I1 Clearing EA. 2 $ 200.00 $ 400.00 2 Grubbing EA. 2 $ 200.00 $ 400.00 III3 Remove Curb & Gutter L.F. 600 $ 2.00 $ 1,200.00 I 4 Remove Sidewalk S.F. 520 $ 1.00 $ 520.00 and Concrete Driveway I5 Remove Pavement S.Y. 2000 $ 1.50 $ 3,000.00 6 Adjust Manhole or Catch Basin EA. 3 $ 200.00 $ 600.00 I7 Sawing Bituminous L.F. 320 $ 2.25 $ 720.00 I8 Sawing Concrete L.F. 10 $ 4.50 $ 45.00 9 Common Excavation P C.Y. 525 $ 6.00 $ 3,150.00 I10 Subgrade Excavation C.Y. 50 $ 6.50 $ 325.00 I11 Agg. Base Class 5 TON 500 $ 6.50 $ 3,250.00 (100% Crushed -6") I12 2331 Base Course TON 169 $ 24.00 $ 4,056.00 (2") 13 2341 Wearing Course TON 169 $ 25.00 $ 4,225.00 (2" Modified) I14 2341 Bit. Mixture for TON 50 $ 40.00 $ 2,000.00 Patching (2 1/2") I15 Concrete Curb & Gutter L.F. 600 $ 7.00 $ 4,200.00 Design B-618 I16 4" Concrete Walk S.F. 1725 $ 2.25 $ 3,881.25 I I ... I PRELIMINARY COST ESTIMATE ' SOMMERVILLE STREET - 5TH AVENUE TO 6TH AVENUE Riga ::..: `« <.: ' '' <:><::<:>::>: :::>:> <"�'><� >> '``````:::"``'"`�`:<`� 17 6" Concrete Driveway S.F. 350 $ 3.00 $ 1,050.00 Pavement 18 Sodding w/4" Topsoil S.Y. 600 $ 2.25 $ 1,350.00 19 Relocate Exist. Tree EA. 1 $ 250.00 $ 250.00 Max. (6") Diameter 20 Furnish & Plant Shade EA. 1 $ 250.00 $ 250.00 Trees, Green Ash (Frax. ' Pennsylvania)Marshall Seedless 2" Diameter 21 Furnish & Plant Shade EA. 1 $ 250.00 $ 250.00 Trees Sugar Maple (Acer Saccharum) 2" Diameter ' Roadway Cost $ 35 122.25 Plus 10% Contingency $ 3,512.23 Subtotal $ 38,634.48 ' Plus 28% Engr./Admin. Fees $ 10,817.65 TOTAL EST. ROADWAY COSTS $ 49,452.13 AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS = $44,452.13 25% X $49,452.13 = $12,363.04 1 I 1 1 I PRELIMINARY COST ESTIMATE ISOMMERVILLE STREET - 5TH AVENUE TO 6TH AVENUE rte.... t `[>>eleili iii << '' eigi > `€ ` > ' >niiii >> ' r '< <<>.;:.;:.;:;:iiiii:.:.:<:iiii::>:iiiiii:>::;;:.::.><>;;»»:t 1 SANITARY SEWER Remove San. Sewer Manhole EA. 0 $ 175.00 $ - II 2 Connect to Remaining Sewer EA. 1 $ 400.00 $ 400.00 I 3 Sanitary Manhole 0'-8' Depth EA. 0 $ 1,400.00 $ - 4 Manhole in Excess of 8' Depth L.F. 0 $ 200.00 $ - I5 8" PVC Sanitary Sewer L.F. 380 $ 35.00 $ 13 300.00 I 6 4" PVC Sanitary Sewer L.F. 80 $ 15.00 $ 1,200.00 I 7 8 x 4 Service Wye EA. 2 $ 75.00 $ 150.00 8 Conn. To Exist. Sewer Service EA. 2 $ 200.00 $ 400.00 Sanitary Sewer Cost $ 15 450.00 I Plus 10% Contingency Subtotal $ 1,545.00 $ 16,995.00 Plus 28% Engr./Admin. Fees $ 4,758.60 • I TOTAL EST. SAN.SEWER COSTS $ 21,753.60 I AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS = 100% of Sanitary Sewer Service Cost I Sanitary Sewer Service Cost $ 1,750.00 Plus 10% Contingency $ 175.00 Subtotal $ 1,925.00 IPlus 28% Engr./Admin. Fees $ 539.00 TOTAL EST. SAN.SEWER $ 2,464.00 ISERVICE COSTS 2 Services on Sommerville Street- Estimated Assessment Per Lot = $1,232.00 I Z co M et r O O O O c0 (O C I J c0 d0 (O cc N N ti Q01 E9 co _ N • W 6N9 69 64 I- Cl) Cl) 69 1 Z O 0 0 O O 0 O W E OP M (Ni 09 609 609 069 0 ✓ N N > N Ni W LN 6 7,73 - NN w N 69 I F N O O u) to O O Z O M co r co M 1— w '— co co O O cfl ca er 00 M M r- r M M C w N N cc c0 N N ci I— Lia 609 Ti, 64 A 47, N U) 40 Q 0 o 0 0 0 0 0 0 = w• in O 0 ' Z Z �O N N a a a_ ots a. co Q. N- 0 �. Ii N W 02a. n O O O O O O J O O O O O 69 re COI Y 2 0 Y I O Y 2 2 YM 2 I- W J U) J U) J J U) J J U) U) J U) 03-1 CO II U) M CO LL CO LL m LL CO LL °� LL m <LLL U) I W J -1 ' 0 ' O0NO0M0 1- 0 OO , 0 J U I- } H} NH } NH I- ›- H } I- � I- > w0 ' 0 ' - OHO ' O ~ O ~ O ~ 0 J JU JUZJUU) JO JO JO -J F.-.) I- re ' W2 . W Y • Q co Z 0) c z Z u f� W M J U) II I • re I-- O I- 0 _J 02 � 0 � Z � � H N. -, rm 0) N OJ -J 0_ }} J cf) cO Q M M W cM Ce OI— I— () U) Q W 2Q -12 2O u`niw 2y Juni UJ • V ceD ZUILZ ..,< -1 ZW ZY Zw _ Z a. z � a c2icn2 �rs ? � ,� � � _ � Q 2z1.- 2 w2 Z wI— O w mw w w WWZWW WW w (c• 2 a } waF- wa (nOa0s > ao > a < i- al2a I co 0 Q J O w Q O Q O w Q O Q O 0 a 0 0 cn (iiw - LoQzwQO � Qw `° Q2NQZWQai � Q cn uwi (AO_' I- MIWNIIM2Hn- IONIQI- 2 `n2 U) < I- U) in U) Y 1� U) I- in W U) co W —) co U) U) co U) O in W Q I 0 LLI w O O 0 O 0 0 O 00 01 O r- U) c0 Q I— ton co U) in N In N- N. co O O O O O O O � � a • a� 0 0 0 0 0 0 0 W N N N N N N N I IMEMO 1998 RECONSTRUCTION AREA ' SANITARY SEWER TELEVISING TO: Bruce Loney,Public Works Director Ray Ruuska,Project Coordinator ' FROM: Mike Hullander, Public Works Supervisor SUBJECT: Televising and evaluating sanitary sewer mains in the 1998 reconstruction area. DATE: 1/7/97 ' The Public Works Department has completed its televising of the sanitary sewer mains in the 1998 reconstruction area. The overall condition of the sewer mains in this area was found to be very poor. These sewer mains had an excessive amount of tapped in services, sags and offset joints, but the biggest concern should be the unacceptable amount of cracks and broken sections of pipe in this area. It is not only our recommendation that U these mains be replaced during the reconstruction of this area it should be a priority. The Public Works Department has on file the videotape and the sanitary sewer reports of this area for review. 1 CONSENT -4 �...�.� CITY OF SHAKOPEE 15 . Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Joint Powers Agreement for 1998 Street Maintenance Work DATE: January 20, 1998 INTRODUCTION: Attached is a Joint Powers Agreement (JPA) for 1998 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating work between Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee for Council consideration. BACKGROUND: The City of Burnsville and other south suburban communities have been participating in the above referenced JPA in the past years. The purpose of the agreement is to provide street maintenance materials and service utilizing one common contractor for each service. This arrangement has streamlined the process of contracting for these services and resulted in a lower cost by utilizing the purchasing power of several Communities combined needs. The City of Shakopee entered into this JPA in 1996 and 1997. In this JPA, the City of Burnsville will coordinate the bid documents by preparing the plans, specifications, bid proposals and advertise for bids for street maintenance services, such as street traffic markings, street sweeping, crack sealing and seal coating. The City of Burnsville charges a 1% to 2% fee for administering the JPA, depending on the amount of work. The City of Shakopee, for 1997, would be interested in street seal coating, street crack sealing and traffic markings. For this amount of work, the administration fee would be 1.5% of the cost. The 1998 budget has included the following work in the Street Division: • Bituminous Seal Coating $50,000 • Bituminous Pavement Crack Sealing $15,000 • Street Traffic Markings $ 8,000 Staff is proposing to enter into the JPA to complete the above referenced street maintenance work for 1998. Another advantage of the JPA is that due to the volume of work, the work for each service can be scheduled for the appropriate time. For instance, striping work will be done in early summer in the month of June, as well as the bituminous seal coating and crack sealing work. In the specifications, the City of Shakopee does retain the right to reject participation in the JPA, depending on unit bid price. In reviewing this JPA, staff believes the contract administration fee of 1.5% is reasonable and the volume of work will provide for lower bid prices. City staff has reviewed the JPA and feels that the specifications allow each City to decrease or increase the quantity of work, even to the point of opting out completely, so that the risk to the City of Shakopee is very minimal and there can be cost savings that can be realized by bidding with other Cities. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the JPA for 1998 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating between the Cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee. 2. Do not authorize the JPA. 3. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Authorize the appropriate City officials to execute the Joint Powers Agreement for 1998 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating between the Cities of Burnsville, Apple Valley Eagan, Lakeville,Rosemount, Savage, Prior Lake and Shakopee. ./ ' r..-t :ruce Loney 0 Public Works p erector BL/pmp JPA e.„ ,, City of + V 100BURNSCivic Center Parkway • Burnsville, Minnesota 55337-3817 (612)895-4400 December 2, 1997 ` g Mr. Dennis Miranowski Mr. Arnie Erhart r. :rucd 6'ney3 City of Apple Valley City of Eagan Iii , • opee 14200 Cedar Avenue 3501 Coachman Point 1 - •aft,9 S. Apple Valley,MN 55124 Eagan,MN 55122 Shakopee, A;•Yp Mr. Don Volk Mr.Bud Osmondson Mr. Dave Hutton City of Lakeville City of Rosemount City of Savage 20195 Holyoke Avenue 2875 145th Street West 6000 McColl Drive Lakeville,MN 55044 Rosemount,MN 55068 Savage,MN 55378 Mr. Greg Ilkka City of Prior Lake 4629 Dakota Street S.E. Prior Lake,MN 55372 RE: 1998-1999 JOINT POWERS AGREEMENT FOR TRAFFIC MARKINGS, STREET SWEEPING,CRACK SEALING AND SEAL COATING Dear G emen: Enclosed is a copy of the Joint Powers Agreement(JPA) for the joint bidding on the above referenced items. This Agreement includes the sliding scale percentage for the actual construction cost for each City. The City of Burnsville collects this cost to cover coordination, legal and administrative costs. This will be billed to each City at the end of the year. Please call and indicate if you wish to participate in the 1998-99 JPA, and also place this Agreement on an early agenda for your Council's action. After Council action,please sign the JPA for your City and return the original to me at the Burnsville Engineering Department. Our City Council is considering the JPA on January 20, 1998, and the bid opening on February 27, 1998. I will be calling in two weeks to get the necessary quantities. Also, enclosed is a copy of the 1998-99 schedule,last year's specifications and abstract for your review. If you have any questions,comments or suggestions,please feel free to call me at 895- 4541. Sincerely, CITY OF BURNSVILLE Cleve Crowningshield Engineering Department Enc: _ I JOINT POWERS AGREEMENT 1998 TRAFFIC MARKINGS,STREET SWEEPING,CRACK SEALING& SEAL COATING BURNSVILLE,APPLE VALLEY,EAGAN,LAKEVILLE ROSEMOUNT,SAVAGE,PRIOR LAKE AND SHAKOPEE AGREEMENT made this 20th day of January, 1998 by and between the cities of Burnsville, Apple Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee. RECITALS This agreement is made pursuant to the authority conferred upon the parties pursuant to Minnesota Statutes 471.59. The purpose of this agreement is to provide street maintenance materials and service for the cities of Burnsville,Apple Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee utilizing one common contractor for each service. NOW,THEREFORE,the parties agree as follows: 1. Subject to the other provisions of this agreement,Burnsville shall prepare any plans, specifications,bid proposals and advertise for bids for the placement of street traffic markings, street sweeping, crack sealing and seal coating services. 2. Apple Valley,Eagan,Lakeville,Rosemount, Savage, Prior Lake and Shakopee shall provide to Burnsville the estimated quantities for these services in each respective community, and shall also approve the bid documents. 3. Burnsville shall tabulate the bids upon their receipt and make a recommendation of award to Apple Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee and upon their approval, award the contract pursuant to State Law. 4. Each city shall be responsible for: • Preparing maps showing the proposed locations for these services including estimating the quantities. • with the specifications and Preparing the streets for markings in accordancep coordinating with the contractor as to the timing of the actual work. • Inspecting the contractor's work,measuring the quantities of work performed, approving and certifying the progress or final payments to the contractor. • Pay a percentage of actual construction cost to City of Burnsville for legal and administrative cost on a sliding scale basis as follows: $0- 50,000-2% $50,000- 100,000- 1.5% Over 100,000 - 1.0% 5. In accordance with the specifications,the contractor will submit an itemized invoice to each city separately for the work performed in each city. Upon approval of the invoice by the respective city,that city will remit the approved invoice amount directly to the contractor. 6. It is agreed that the cities of Apple Valley, Eagan,Lakeville,Rosemount, Savage, Prior Lake and Shakopee each of them,indemnify, save, and hold harmless the City of Burnsville and all of its agents and employees from any and all claims, demands, actions, or causes of action, for whatever nature, arising out of the contracting procedure by reason of the execution or performance of the work purchased for each respective city under this agreement, and that the cities of Apple Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee further agree to defend, at their sole cost and expense, any actions or proceedings commenced against their respective cities for the purposes of asserting any claim of whatsoever character arising hereunder. 7. This agreement can be terminated on the part of any individual city by giving sixty(60) days notice to the other cities,otherwise the agreement will automatically terminate on October 31, 1998. 2 IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on the • date indicated below. CITY OF BURNSVILLE BY: Mayor Elizabeth B. Kautz DATE: BY: Manager Gregory J. Konat CITY OF APPLE VALLEY BY: Mayor DATE: BY: Clerk CITY OF EAGAN BY: Mayor DATE: BY: Clerk CITY OF LAKEVILLE BY: Mayor DATE: BY: Clerk CITY OF ROSEMOUNT BY: Mayor DATE: BY: Clerk CITY OF SAVAGE BY: Mayor DATE: BY: Clerk CITY PRIOR LAKE BY: Mayor DATE: BY: Clerk CITY SHAKOPEE BY: Mayor DATE: BY: Clerk 3 1998-99 SCHEDULE STREET MAINTENANCE MATERIALS CITY PROJECT 98-302 BURNSVILLE, MINNESOTA CONTRACT PERIOD: MARCH 16, 1998 THRU MARCH 15, 1999 DETERMINE AREAS TO BE SEALCOATED: (Start to Prepare Maps) October-November 1997 GET JOINT POWERS AGREEMENT TO CITIES AND QUANTITIES FROM ALL CONCERNED: December 2, 1997 CONSIDER JOINT POWERS AGREEMENT: (Council Meeting) January 20, 1998 PERMISSION TO AUTHORIZE AD FOR BIDS: (Council Meeting) January 20, 1998 PUBLISH: Send to Paper-Dakota County Tribune February 2, 1998 Published February 5, 1998 PUBLISH: Send to Paper- Construction Bulletin February 3, 1998 Published February 6, 1998 PLANS &SPECIFICATIONS (Mail out to Bidders List): February 6, 1998 OPEN BIDS: (Send Letters to Cities to Concur Award of Bids) February 27, 1998 COUNCIL CONSIDERS AWARD: (Council Meeting) March 16, 1998 LETTER,ABSTRACT&CONTRACTS TO SUCCESSFUL BIDDERS: March 18, 1998 LETTER TO CITIES &CONTRACTORS ABOUT PRE-CONSTRUCTION MEETING: March 25, 1998 LETTER&ABSTRACT TO UNSUCCESSFUL BIDDERS: May 1, 1998 PRE-CONSTRUCTION MEETING: April 9, 1998 LETTER AND MAP FOR PRESS RELEASE: (Skelly) June 1, 1998 CITY OF BURNSVILLE BURNSVILLE, MINNESOTA ADVERTISEMENT FOR BIDS 1997-1998 STREET MAINTENANCE MATERIALS NOTICE IS HEREBY GIVEN that separate sealed proposals will be received by the City Council of the City of Burnsville,Dakota County,Minnesota 55337,until 11:00 a.m.,Friday,February 28, 1997, and will then be publicly opened and read by two or more designated officers or agents of the City of Burnsville. Under Joint Powers Agreement(Minnesota Statutes 471.59),this bid is for furnishing street maintenance materials and service for the Cities of Burnsville,Apple Valley, Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee utilizing one common contractor for each service of: Class "A"Rock Seal Coat* 1,327,124.0 Sq.Yd. More or Less Traffic Markings** 10,962.0 Gals. More or Less Street Sweeping*** 1,080.0 Hours More or Less Crack Sealing**** 809,000.0 L.F. More or Less *Includes work in the cities of Burnsville,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee. **Includes work in the cities of Burnsville,Apple Valley,Eagan,Lakeville,Rosemount, Savage, Prior Lake and Shakopee. ***Includes work in the cities of Burnsville,Apple Valley,Eagan,Lakeville and Savage. ****Includes work in the cities of Burnsville, Lakeville,Rosemount, Savage,Prior Lake and Shakopee. Bidders mayybid any or all items. Bids will be considered by the City Council at its meeting of March 17, 1997,to be held at the Burnsville City Hall, 100 Civic Center Parkway,Burnsville, Minnesota. All Bids must be submitted on Proposal Forms provided in accordance with the Specifications prepared by the City Engineer. No bids will be considered unless sealed and filed with the City Clerk of the City of Burnsville and accompanied by a cash deposit,money order,certified or cashier's check,or a bid bond payable to the City of Burnsville in the amount of five percent(5%) of the bid,to be forfeited as liquidated damages in the event that the bid be accepted and the bidder shall fail to enter promptly into a contract and furnish the performance bond as specified. The City of Burnsville reserves the right to reject any, or all bids,to waive informalities, and to award the bid in the best interest of the City. No bids may be withdrawn for a period of 45 days after the opening of bids. BY ORDER OF THE CITY COUNCIL ii S SAN P. OLESEN, CITY CLERK CITY OF BURNSVILLE, MINNESOTA • x rm4 .T P •'��,. � l Yfi� • 4C p fit. ti .�.�k "� kj na 1 t .iF • kA'r�. kv. 1 �� Ma ti 1i m w ,� i ��' ksy}yr q. '� �'� '' +� f ,,,� rt 1 ss� ' :11�� s. 1"`�l '•`� 4 Y;, cti�y !.:gym y� i .. + 'r ��• ; • .{: "' ,�'. .r .��, +�'q ad: ,i ,§,z 1997-1998 STREET MAINTENANCE MATERIALS City of Burnsville Burnsville, Minnesota CERTIFICATION I do hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. it �•1ki7 R. Charles Ahl Date P.E.Reg.No. 16230 CITY OF BURNSVILLE BURNSVILLE, MINNESOTA PUBLIC WORKS DEPARTMENT INSTRUCTIONS TO BIDDERS 1997-1998 STREET MAINTENANCE MATERIALS I. INVITATION FOR BIDS In accordance with the Advertisement for Bids, sealed bids will be received by the City Clerk, 100 Civic Center Parkway,Burnsville,Minnesota,until 11:00 a.m.,February 28, 1997 for furnishing certain street maintenance materials and equipment. II. EXTENT OF WORK Bidder shall furnish between the dates of March 16, 1997 and March 15, 1998,the materials as specified and in the manner specified. Failure to furnish material at the time and in the manner specified is reason to invalidate the contract, and damages may be received if it becomes necessary to purchase the required materials outside the contract. All quantities are estimated and are to be used primarily as a means of arriving at bid totals. The undersigned understands that the quantities mentioned herein are approximate only,and are subject to increase or decrease, and hereby proposes to perform all quantities of work as either increased or decreased in accordance with the provisions of these specifications at the unit prices in the following bid proposal schedule,unless such schedule designates lump sum bids. The City may,at its discretion,purchase all or any portion of the estimated quantities during the contract period. III. SUBMISSION OF BIDS The envelope containing the bids shall be addressed to the City Clerk and shall bear the inscription "Bid for Street Maintenance Materials." All bids shall be submitted on the Proposal Form attached and made a part of these Specifications. Bid security in the amount of five percent(5%)of the bid shall be submitted with the bid. Failure of the successful bidder to execute the Contract and to furnish an acceptable bond within ten(10)days after receiving written notice of the award of bids shall cause the bid security to be forfeited as liquidated damages. IV. CONSIDERATION OF BIDS Bids will be publicly opened and read by the City Clerk and City Engineer at the City Hall, 100 Civic Center Parkway,Burnsville,Minnesota at the time and date specified above. The bids will be tabulated and referred to the City Council on March 17, 1997. PAGE TWO INSTRUCTIONS TO BIDDERS STREET MAINTENANCE MATERIALS V. EXECUTION OF CONTRACT The successful bidder to whom the contract is awarded must execute the contract. The successful bidder to whom the applicable contract is awarded agrees to hold harmless and indemnify the Cities of Burnsville,Apple Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake or Shakopee,their City Engineers and their agents from every claim, action,cause of action, liability, damage, expense or payment incurred by reasons of any bodily injury,including death, or property damage resulting from the Contractor's operations on this project. Under the Joint Powers Agreement, each successful bidder for Seal Coating,Traffic Markings, Street Sweeping and Crack Sealing shall provide a payment bond and a performance bond equal to the Contract amount,with the aggregate liability of the bond(s)equal to 200%of the full amount of the Contract. Each bond shall name the Cities of Burnsville,Eagan,Apple Valley,Lakeville, Rosemount, Savage,Prior Lake and Shakopee. Under the Joint Powers Agreement,each successful bidder for Seal Coating,Traffic Markings, Street Sweeping and Crack Sealing shall provide and maintain the insurance coverage listed below on an occurrence form only. The insurance coverage shall name as additional insured, as their interest may appear, each of the following Cities: Burnsville,Apple Valley,Eagan,Lakeville, Rosemount, Savage,Prior Lake and Shakopee. The insurance coverage shall contain a provision that it may not be canceled prior to thirty(30)days written notice to the Cities. The successful bidder shall furnish the required certificate(s)of insurance prior to execution of the contract. A. Workers Compensation Insurance As required under the laws of the State of Minnesota. B. Comprehensive General Liability Insurance-Including: 1. Bodily Injury-Limit$2,000,000 each occurrence/aggregate 2. Property Damage-Limit$2,000,000 each occurrence/aggregate 3. Personal Injury,with Employment Exclusion deleted-Limit$2,000,000 each occurrence/aggregate 4. Contractual Liability 5. Products and Completed Operations C. Comprehensive Automobile Liability.Insurance-(owned,non-owned and hired) 1. Bodily Injury-Limit$2,000,000 each occurrence/aggregate 2. Property Damage-Limit $2,000,000 each occurrence/aggregate Y r � T ' m _f Ff lr ' t o f .A tet' •y y .Y �r Xis�. A r`.4f�_f� � ?;Y 4.`un t• '9 it •"+� i rc y'',4 •, a t'1 r t rJee ' • •1'. Y' R �l a d 1 � Y a y�,.r,.yt�: aa-r 1'€1> a b a"tC +,q '1 �` - •a' '"�m F' `4!#d(: r r Y f� '�t�)Y m'a ,'� fi `J Pt 1 y 'S f+°e ".r ?`Jr�"t• rqr .1 d �.r� t 4 §rC.i3. `}'7' y m�; i ;�.�' d,t.-1 Yd'�m^ a !„.T1;' �v, t`.r `�y4Fi'�J�” ' ,.� �4 ��::, �y,{ a J o1.'� f3?r � i'Sk y >:�'S a ae ':S4 •;y� 'a Wit e'd� Y,j .� q i�'4r 4� ���. 4 h+' 4 .Y 1 v � 5 � � » yy � a� N g,F A�, '� 4 +��A•t• } a:�`,�y *'to f :w {` � .k(i111° '<� `' �;," Ca�'y j�?i gf� �,,,� tk•.a ir}k^'�.,?i_t o »i��"i,c,�Y i � �,�n",>v5'"'tf�.,n` 4 ti �x�,�'�` �k �` ���" � ` '� �yy�����y j �xk� p t nl q: e d� •�v�N�j ��"n�6"#� a�f Y"r �5 �1 A���k r xe. 't�yfp 4 {� =a' is t �f >3 i x"' ,£u` J of a" b c r �e`rli 4 r dna i ,•Y{ }x';' •5�, r ` CITY OF BURNSVILLE BURNSVILLE, MINNESOTA PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS and SPECIFICATIONS 1997-1998 STREET MAINTENANCE MATERIALS GENERAL Bidders may bid on any or all items specified. Items will be awarded separately on the basis of each item bid to the lowest responsible bidder. Where material specifications refer to Mn/DOT Specifications,it shall be the Standard Specifications for Highway Construction, 1988 Edition as amended by the May 2, 1994 Supplemental Specifications(with all addendum and supplements as of the date of these specifications), and as published by the Mn/DOT, except as modified in these specifications. MATERIALS CLASS "A" AGGREGATE SEAL COAT(STREETS,TRAILS AND PARKING LOTS)- The cities of Burnsville,Eagan,Lakeville,Rosemount and Shakopee have entered into a Joint Powers Agreement pursuant to Minnesota Statutes. Each City is responsible for the maps,initial sweeping,inspection and acceptance of the work within its own boundary. The Contractor shall invoice each city separately. Upon approval of the invoice by the respective City, each City will remit the approved invoice amount directly to the Contractor. Whenever within these Seal Coating Specifications,reference is made to "City", such reference shall be construed to mean the City of Burnsville,Eagan,Lakeville,Rosemount or Shakopee, depending upon location. This work shall meet the requirements of Mn/DOT Specification 2356 for Bituminous Seal Coat with the following modifications: Bituminous material will be emulsified asphalt, cationic, CRS-2, and shall conform with Mn/DOT Specification 3151. Aggregate material shall conform in composition to Mn/DOT Specification 3137 for Class "A" aggregate and to 3127 for gradation and quality for FA-2,FA-2(Modified 1/8")and FA-3 requirements. PAGE TWO CONTRACT DOCUMENTS AND SPECIFICATIONS The seal coat application range is: 1.) Where FA-2 Class"A" is used,it shall be applied at a rate of 20-28 pounds per square yard with 0.20-0.28 gallons per square yard of CRS-2. 2.) Where FA-2 (Modified 1/8")Class "A" is used, same as FA-2. 3.) Where FA-3 Class "A" is used,it shall be applied at a rate of 25 -30 pounds per square yard with 0.25 - .30 gallons per square yard of CRS-2. Bituminous seal material shall be applied at a rate as directed by the Engineer. Application rates will be determined based on the condition of each area to be sealed. Traffic rerouting shall be the responsibility of the Contractor. Traffic must be bypassed from streets which are being seal coated until optimum weather conditions and rolling operations are completed. The Contractor will be required to provide barricades and signs to prevent parking and access to those portions of streets under seal coating each day. All flagman,barricades, flares and safety measures are the sole responsibility of the Contractor. All barricades and signs shall meet the requirements of the Minnesota Manual on Uniform Traffic Control Devices. All traffic control measures are incidental to the project and shall not be paid for separately. The City will perform the required patching,initial sweeping and clean up of the surplus aggregate which will become the property of the City. In the event bleeding does occur,the City will determine when sand blotting needs to be applied. If the Contractor has performed in accordance with Mn/DOT 2356,the City crews will provide the necessary equipment and labor to spread the sand material on bleeding areas while the Contractor will provide the appropriate sand material at no additional compensation. 50 tons of sand material that is compatible with the cover aggregate(FA-3,FA-2, CL.A) shall be supplied and stockpiled on site by the Contractor. This material will be applied by City crews to areas where bleeding may occur. If any sand material is used for blotting purposes,the Contractor will be required to restock the sand material as directed by the City. If the sand material is not used during the seal coat operation,the sand shall be removed off site by the Contractor after the seal coating is complete. No additional compensation shall be made to the Contractor for the supply,use, or removal of the sand material. If the Contractor proceeds with the seal coat operation under unfavorable conditions as outlined in Mn/DOT 2356-3A,the Contractor shall be responsible for any costs associated with blotting or remedial work that would be required including all Contractor supplied materials, Contractor and/or City supplied labor and equipment. • PAGE THREE CONTRACT DOCUMENTS AND SPECIFICATIONS The City's decision to correct a bleeding or blotting problem does not relieve the Contractor of any responsibility associated with performing the seal coat operation in accordance with Mn/DOT 2356 and/or any remedial work associated with said seal coating. The Contractor shall cover all manhole covers,valve boxes,and catch basins with suitable paper covers or sand prior to applying the seal coat and shall,upon completion of the work,remove all paper covers and sand so placed. The work under this portion of the contract shall be completed for each City by: August 29. 1997 (see liquidated damages). The price bid per square yard will be compensation in full for the construction, complete in place, of the seal coat in accordance with the specifications on all streets,trails and parking lots. Under Contractor Furnished items the contractor is to furnish and install both the aggregate and oil on a square yard basis as specified above. Under City Furnished items the City will provide the aggregate only and the Contractor will install the aggregate and oil on a square yard basis as specified above. Bid Item 1 (STREETS. TRAILS AND PARKING LOTS)-Shall be for seal coat applied as specified above. The payment shall be based on a square yard basis. TRAFFIC MARKINGS (STREETS AND PARKING LOTS)-The cities of Burnsville,Apple Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee have entered into a Joint Powers Agreement pursuant to Minnesota Statutes. Each City is responsible for the maps,initial street sweeping,inspection and acceptance of the work within its own boundary. The Contractor shall invoice each City separately. Upon approval of the invoice by the respective City,each City will remit the approved invoice amount directly to the contractor. Whenever within these Traffic Marking Specifications,reference is made to "City", such reference shall be construed to mean the City of Burnsville,Apple Valley,Eagan,Lakeville,Rosemount, Salvage,Prior Lake or Shakopee, depending upon location. This work shall consist of placing traffic stripes and pavement symbols including all cost of furnishing paint,beads, labor and equipment. The stripes and/or symbols shall consist of both double and single,broken and solid yellow,and white stripes or appropriate painted symbols, and shall conform to the Mn/DOT Manual of Uniform Traffic Control Devices. The work shall include streets,parking lots and symbols as required by the City. The bid quantity is estimated only and each City may or may not use this price to have pavement symbols or parking lots painted. The paint and beads for traffic lines and symbols shall conform to current Mn/DOT Specifications for hot applied paint(Three Minute Dry Alkyd Traffic Paint)and shall be protected until properly cured by either cones or trailing vehicles. Paint shall be applied at a minimum rate of 320 linear feet of 4" line per gallon. Skip line cycle shall be 10 paint-40 skip. The beads shall be of the drop-on floating type and shall be applied at the rate of 6 pounds per gallon of paint applied. PAGE FOUR CONTRACT DOCUMENTS AND SPECIFICATIONS The striping machine must be of the truck-mounted type capable of carrying 220 gallons of paint and 1320 pounds of beads or more. Also,it must be equipped with paint agitators,paint heaters, timing devices, footage counters, and gallon meters to accurately measure the paint being used to the tenth of a gallon,rotating beacons,warning signs and all other devices needed to conduct operations in a safe and efficient manner. The City will provide maps showing the location and type of striping and/or symbols to be performed. The City will provide no horizontal control. The Contractor shall furnish and install pavement marking"Pop-Ups"prior to seal coating operations at the City Engineers direction. This work is done for public safety and convenience for layout and re-marking of the streets. This work shall be considered incidental. The City will sweep the streets to remove accumulations of winter sand. The Contractor shall clean the surface prior to applying the paint. The work under this portion of the contract shall be completed for each City by: June 6, 1997 -Traffic Marking June 13, 1997 -Pavement Symbols (see liquidated damages). Bid Item 2 Traffic Markings(STREETS. SYMBOLS AND PARKING LOTS)-The price bid per gallon for Traffic Marking shall be compensation in full for all cost of performing the work outlined previously. The payment shall be based on actual gallons of paint used,yellow and white. STREET SWEEPING-The cities of Burnsville,Apple Valley,Eagan,Lakeville and Prior Lake have entered into a Joint Powers Agreement pursuant to Minnesota Statutes. Each City is responsible for the maps, inspection and acceptance of the work within its own boundary. The Contractor shall invoice each City separately. Upon approval of the invoice by the respective City, each City will remit the approved invoice amount directly to the contractor. Whenever within these Street Sweeping Specifications,reference is made to "City", such reference shall be construed to mean the City of Burnsville,Apple Valley,Eagan,Lakeville or Prior Lake, depending upon the location. The work shall consist of providing four(4),two to three(2-3)cubic yards Elgin Pelican or equivalent street sweepers with double gutter broom sweepers. Each sweeper will be equipped with a anti-siphon device. Plastic brushes are acceptable. This work shall include equipment, fuel and operator at a unit price per hour. Unit price per hour shall mean actual machine operation and does not include downtime. It will be the Contractor's responsibility to determine the number of sweeping passes necessary to adequately maintain the streets or parking lots. When requested by the City,the Contractor shall furnish a complete statement of condition and previous length of service on all equipment to be used in the proposed work. The Public Works Supervisor or his representative reserves the right to reject any equipment. PAGE FIVE CONTRACT DOCUMENTS AND SPECIFICATIONS The Contractor will be responsible for keeping and maintaining the following records on a daily basis: ---The total number of sweeping hours. ---The total gutter miles swept daily. ---The number of dumps and estimated yards of debris. ---Advising City personnel when they are ready for debris pickup. These records shall be submitted daily to the Public Works Supervisor or his representative, showing the dates,times and locations where sweeping was done in the City. Sweeping hours will be 7:00 a.m. to 7:00 p.m.,Monday through Saturday. The City will provide dump trucks to collect sweepings as necessary and make suitable arrangements where water may be obtained. The Public Works Supervisor or his representative will be responsible for inspection and acceptance of all work performed. Any unacceptable work will be reswept at the cost of the Contractor. The work under this portion of the contract shall be completed for each City by: May 9. 1997 (see liquidated damages). Bid Item 3 Street Sweeping(STREETS AND PARKING LOTS)-The price for street sweeping shall be compensation in full for all costs of performing the work outlined previously on a per hour basis. Crack Sealing(STREETS,PARKING LOTS AND TRAILS)-The cities of Burnsville, Lakeville,Rosemount, Savage,Prior Lake and Shakopee have entered into a Joint Powers Agreement pursuant to Minnesota Statutes. Each City is responsible for the maps,initial sweeping, inspection and acceptance of the work within its own boundary. The Contractor shall invoice each City separately.Upon approval of the invoice by the respective City,each City will remit the approved invoice amount directly to the Contractor. Whenever within these Crack Sealing Specifications,reference is made to "City", such reference shall be construed to mean the City of Burnsville,Lakeville,Rosemount, Savage,Prior Lake or Shakopee,depending upon location. This work shall consist of sawing or routing,measuring,cleaning and sealing cracks in the existing bituminous pavement. The Contractor shall provide certification that the sealant meets the requirements of standard specification 3723. • The crack sealant compound shall be packaged in sealed containers. Each container shall be clearly marked with the name of the manufacturer,the trade name of the sealant,the manufacturer's batch and lot number,the pouring temperature, and the safe heating temperature. • PAGE SIX CONTRACT DOCUMENTS AND SPECIFICATIONS A copy of the manufacturer's recommendations pertaining to the heating and application of the joint sealant material shall be submitted to the Engineer prior to the commencement of work. These recommendations shall be adhered to and followed by the Contractor. The temperature of the sealer in the field application equipment shall never exceed the safe heating temperature recommended by the manufacturer. Any given quantity of material shall not be heated at the pouring temperature for more than six(6)hours and shall never be reheated. Sealing shall not proceed if the temperature of the material has not reached or has fallen below the manufacturer's recommended minimum application temperature. Mixing of different manufacturer's brands or different types of sealant shall be prohibited. The Street Supervisor or his representative shall mark the cracks to be sawn/routed,measured, cleaned and sealed from 1/4 inch wide up to 1 inch wide by a minimum depth of 3/4 inch. The sawing/routing,cleaning and sealing shall extend the full width of the surface, including shoulders where necessary. The Contractor shall conduct his operation so that sawing/routing,cleaning and sealing is a continuous operation. Traffic shall not be allowed to kneed together or damage the reservoir once it has been created. Sawn/routed cracks not sealed before traffic is allowed on the surface shall be resawn/routed at no additional cost to the owner. The sawing/routing equipment shall be mechanical and power drive,capable of following and cutting the cracks to the required dimensions without deviation from the crack or creating excessive spalling. Equipment designed to "plow"the cracks to dimension will not be permitted. Wet sawing will not be allowed. Immediately prior to sealing,the crack and surface area six(6)inches on both sides shall be cleaned of foreign matter and loosened particles with a broom or oil-free compressed air. The crack and surface area six(6)inches on both sides will then be cleaned and dried with a hot compressed air heat lance. The heat lance shall meet the following requirements: temperature of heated air at exit of orifice minimum of 2,800 degrees F. Velocity of exiting heated air minimum of 2,800 fps. The Contractor shall take caution to keep all sawing/routing debris off of the boulevards and contained to gutter areas. The City will furnish a street sweeper and operator to work in tandem with the contractors sawing/routing crew maintaining a smooth clean-up operation. The application time and final results of the cleaning are subject to the Engineer's approval. The sealant must also be hand squeegeed to insure proper overbanding. Sealant shall overfill the crack and extend a minimum of 1/2 inch on either side of the crack. If the sawing/routing process results in spalled or rough edges, the Engineer may require the material to be poured, flushed and squeegeed to fill in the rough edges. The applicator wands shall be returned to the machine and the joint sealant material recirculated immediately upon completion of each crack. Pour pots or similar devices shall not be used to apply the sealer. PAGE SEVEN CONTRACT DOCUMENTS AND SPECIFICATIONS Lanes may be opened to traffic only after the sealer has set sufficiently so it will not pick under traffic. Cover material shall be spread on top of the sealant while still hot. Traffic shall not be allowed on the material until it is cured or it has been blotted to prevent tracking. The use of blotting material such as toilet paper will be permitted. Sealant material picked up or pulled out during construction shall be replaced at contractor expense. Sealant materials may be placed during a period of rising temperature after the air temperature in the shade and away from artificial heat has reached 40 degrees F and indications are for a continued rise in temperature. During a period of falling temperature,the placement of sealant material shall be suspended with the air temperature, in the shade and away from artificial heat reaches 30 degrees F. Sealant shall not be placed,when in the opinion of the Engineer,the weather or roadbed conditions are favorable. Routing and sealing will be permitted only during daylight hours between May 1 and October 15. The work under this portion of the contract shall be completed by each City by: June 30. 1997 (see liquidated damages). Bid Item 4 Crack Sealing(STREETS.PARKING LOTS AND TRAILS) Payment for crack sealing shall be on a unit price basis as contained in the Bid Proposal and shall be compensation for all labor, equipment and materials necessary to complete the work as specified. The payment shall be based on a linear foot basis ADDITIONAL WORK The City may request the successful bidder to return for additional seal coating,traffic marking, crack sealing and street sweeping after completion dates at no additional compensation. Unit price bids shall prevail for contract period. STARTING DATE & PERFORMANCE OF WORK No work shall be started until the Contract has been executed and the Contractor has fulfilled all preliminary requirements. Following execution of this contract,the City at its discretion shall call for a pre-construction meeting between each Contractor and a representative from each of the Joint Powers Agreement. The starting date for each portion of the Contract will be set at this meeting. The work shall be performed in a manner that will insure completion within the time set in the Contract. In case of failure to perform the work in such manner,the City shall have the right to require the Contractor to place in operation such additional force and equipment as he deems necessary. PAGE EIGHT CONTRACT DOCUMENTS AND SPECIFICATIONS LIQUIDATED DAMAGES The Contractor guarantees that he can and will complete the work within the time limit stated in the Contract Documents,or within the time as extended provided elsewhere in the Contract Documents. Inasmuch as the damage and loss to the City which will result from the failure of the Contractor to complete the work within the stipulated time will be most difficult or impossible of accurate assessment,the damage to the Owner for such delay shall be liquidated at a daily rate of $150.00 for each calendar day, Sundays and holidays included,beyond the completion date as originally determined or as extended. The liquidated damages shall not be considered a penalty. The City has the right to deduct and retain out of any money due,or to become due to the Contractor,the amount of liquidated damages accrued, and in case those amounts are less than the amount of liquidated damages,the Contractor shall pay the difference upon demand. The City shall not be deemed to have forfeited or waived its right to liquidated damages by permitting the Contractor to continue work on the project beyond the completion date,nor by assuming control of the Contractor's obligations and completing the project as provided for in this contract,nor by terminating this contract as provided herein. EMERGENCY RESPONSE During the contract period it may be necessary to have contract work done on a emergency basis. The City shall have the right to require the Contractor,upon 24 hours notice(verbal or written), to respond to such request. In case of failure to perform the work,the City shall have the right to have other non-contractual forces complete requested work. All costs in excess of unit price bid shall be deducted from the contractors final payment. SAMPLING AND TESTING All bidders shall furnish certification that materials furnished meet specifications. Said certifications shall be by an approved testing laboratory. The City reserves the right to make any further tests deemed necessary. Said tests are to be made at the Bidder's expense. CONFLICT BETWEEN UNIT PRICES AND EXTENDED AMOUNTS In the event of a conflict between the unit price written in a proposal and the product of that unit and the proposal quantity,the unit price will govern. Similarly, in the case of a conflict between a written, incorrect,total bid amount, the correct total will govern. JOINT POWERS AGREEMENT PARTICIPATION Depending on unit price bid, each City has the right to reject participation in the Joint Powers Agreement. t, 4. " k h .{•: ' rr a 4 �'�. r r t f � �`+.v' f Mgr ..w 'd ` i • (�ty> r�'y{�fi' kr�yt�, r'z��'�y r3'�n i.; i�•t S•a>� '4 �' ,t�St* a +o �1 S G 5 A4 1e I �wJ � 9�.y d'tR'{c�'i ��+ r �� { ;#r k��y Gz �r.;l t ff r a�fA ) t d �,{y i4,,�.4 {�'vii•••'.`° e t��r.:f ���' y�rh ��`�zSJ �r 'tom y��i',.•r..,: yc �•x�'` a � �''^ j ix�g:.:" r ��s ,+'raP�Fi . .Cat{ d �t�;,.. a f,:� ,,z� r�...�'# �r ck,� '�g�g ti k�� �- �.a:`'.e r" r +g + S'y7�J ,? a {rz or 1 x 'i.,,1wF' y;P t r 4+. 1 , �. . s 4.. Y C'' �' + 4^. •4y" ,# -ro .�;::� `X:zX ,�?y '•i�'. �'�° ?;«� -gx � �=fid{{ ti ,.;� ter` 1 v� 11., �� { s ,d � "�L r r��;: eN ,. � (.•� 1 a.�rt:,w" -��',tx''�' h ..t. � �°;� �tN a�.•ary �r :}� V t [q�' `� s�a`; � " 16�d �'a +' �.,{x �s �� ��ri _ dw�r S e4, t" 1 s' S . rF lq 'fir •r i� y rnt ,y � + x 1 $ +.. .' .' •i rC1•t P i ,n �, + d � p a ,a . � ^. �4 ..'�<a - �'� y x i " � ti:� BIDDER'S FIRM NAME: OFFICIAL ADDRESS: Street City State Zip CITY OF BURNSVILLE PUBLIC WORKS DEPARTMENT BID PROPOSAL FORM 1997-1998 STREET MAINTENANCE MATERIALS City Council City of Burnsville 100 Civic Center Parkway Burnsville,MN 55337 Date: Mayor and Councilmembers: The undersigned,being familiar with the Call for Bids, and the Specifications for the furnishing of the certain Street Construction and Maintenance Materials, attached hereto, submits herewith bid security in the amount of$ ,being five percent(5%)of the total bid, and further understands the items may be awarded separately. CLASS"A"AGGREGATE SEAL COAT: 1 FA-2 FA-2(Modified 1/8") FA-3 Contractor City Contractor City Contractor City Burnsville 227,600 s.y. Eagan . 190,000 s.y. 160,164 s.y. Lakeville 309,400 s.y. 135,000 s.y. Rosemount 60,000 s.y. Shakopee 120,000 s.y. 10,000 s.y. 407,600 s.y. 190,000 s.y. 309,400 s.y. 0 s.y. 170,164 s.y. 135,000 s.y. BID ITEM 1.) Contractor Furnished FA-2 Seal Coat 407,600 s.y.@ _ $ 1A.) City Furnished FA-2 Seal Coat 190,000 s.y.@ = $ 1B.) Contractor Furnished FA-2 Modified 1/8"Seal Coat 309,400 s.y.@ _ $ 1C.) City Furnished FA-2 Modified 1/8"Seal Coat 1D.) Contractor Furnished FA-3 Seal Coat0 s.y. @ = $ 1E.) City Furnished FA-3 Seal Coat 170,164 s.y.@ = $ 0 1335,000 s.y. @ = $ TOTAL 1,1A,1B 1C,1D,IE(BASIS FOR AWARD) $ • TRAFFIC MARKINGS: 2 STREETS SYMBOLS PARKING LOTS Burnsville 3100.0 gals. 220.0 gals. 0als 0 Apple Valley--- 1600.0 gals. 24.0gals. g gals. Eagan 1850.0 gals. 140.0 gals. 50.0 gals. Lakeville 2000.0 gals. 50.0 gals. 0 gals. Rosemount 750.0 gals. 70.0 gals. 50.0 gals. Savage 600.0 gals. 25.0 gals. 0 gals. Prior Lake 200.0 gals. 25.0gals. Shakopee 0 gals. P 250.0 gals. 8.0 gals. 0 gals. TOTAL 10,353.0 GALS. 562.0 GALS. 100.0 GALS. BID ITEM 2)STREETS 10.350.0 gals.@$ gals. = $ 2A)SYMBOLS 562.0 gals.@$ gals. = $ 2B)PARKING LOTS 100.0 gals.@$ gals. _ $ TOTAL 2,2A AND 2B(BASIS FOR AWARD) $ S'A'REET SWEEPING: 3 Burnsville 175.0 hours Apple Valley 175.0 hours Eagan 250.0 hours Lakeville 400.0 hours Prior Lake 80.0 hours Savage 80.0 hours TOTAL 1,160.0 HOURS BID ITEM 3)-TOTAL= . 1.160.0 hours @ $ hrs.= $ CRACK SEALING: 4 Burnsville 500,000.0 1.f. Lakeville 150,000.0 I.f. Rosemount 39,000.0 l.f. Savage 50,000.0 1.f. Prior Lake---- 40,000.0 1.f. Shakopee 20,000.0 l.f. TOTAL 829,700.0 L.F. BID ITEM 4)-TOTAL= 829.000.0 l.f. @ $ 1.f.= $ A. The undersigned further proposes to execute the Contract Agreement and furnish a satisfactory bond within ten (10) days after notice of the award of Contract has been received. The undersigned further proposes to begin work, as specified, and to maintain at all times a Contract Bond approved by the City,in an amount equal to the total bid. B. Accompanying this Proposal is the bid security required to be furnished by the Contract Documents,the same being subject to forfeiture in the event of default by the undersigned. C. In submitting this proposal, it is understood that the right is reserved by the City to reject any or all proposals and to waive informalities. D. In submitting this proposal,the undersigned acknowledges receipt of Addendum Nos. issued to the Contract Documents. E. This proposal may not be withdrawn after the opening of the proposals and shall be subject to acceptance by the City for a period of forty-five(45)days after the opening thereof F. If a corporation,what is the State of Incorporation? G. If a partnership, state full names of all co-partners: FIRM NAME: BY: (an authorized signature) TITLE: (please type or print name and title) BY: . 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BACKGROUND: The Public Works Department has a 1989 Falls V90, serial# 891898H and a 1976 Wasau {information unknown) "V" plows that our department would like to be made surplus equipment. These two"V" plows never get used in our snow removal operations and we feel it is not cost effective to just let these plows sit in the yard and rust away. The Public Works Department has found a potential buyer for the 1989 Falls V90 in MnDot — Windom, Mn. and we would like to pursue selling this plow to them for a purchase price of$3,500. They would like this done as soon as possible so they can expedite payment and make arrangements to pick up the plow along with other purchases from the metro area, the plow requires a wide load permit. We would also like to make the Wasau "V" plow surplus at this time and pursue finding a future buyer. ACTION REQUESTED: Move to declare the 1989 and the 1976"V"Plows surplus property. Michael J. Hullander 'n,e1/44. Public Works Supervisor Y � CITY OF SHAKOPEE I �� C Memorandum To: Mark McNeil, City Administrator FROM: Terry Link, Fire Chief SUBJECT: Bids for Fire Pumping Engines DATE: 1/9/98 INTRODUCTION: The 1998 internal service equipment fund includes 2 pumping engines at a total of$650,000. In June of 1997 the Shakopee City Council gave staff direction to develop specifications for these apparatus and to go out for bid. Refurbishment of unit 9520 was researched by the committee. Gene Juergens with the city vehicle maintenance department recommended not refurbishing this unit due to its condition. A great deal of time and effort has been spent by the apparatus committee evaluating the Shakopee Fire Departments needs on new apparatus and evaluating currently available apparatus. Specifications were created and bids received and opened on 12/23/97. BACKGROUND: For the new mayor and councilmembers,the following is some background information regarding the needs for these fire apparatus. Unit 9520 has been the first engine out for Shakopee Fire Department from 1977 until 1993. It went to every call and was the primary attack truck at all incidents. This truck has many miles on it and has seen consistent hard usage in many different situations. Unit 9520's body is rusting badly, the drive train is badly worn,the pump does not meet performance specifications, the brake system is in need of repair(they will not pass a DOT inspection) and the safety systems for the crew are not up-to-date. At this point the truck is out of service for performance and safety reasons. For many years until 1994,the Shakopee Fire Department operated with 5 pumping engines. For the last several years,we have operated with 4 pumping engines out of our station. For operational reasons,Unit 9521,a 1973 Mack pumper is an excellent back-up pumper,however due to its age and the straight stick 5 speed transmission,it is not appropriate for a front line attack or supply pumper today. All of our fire apparatus except this unit have automatic transmissions for ease of use,training,and uniformity. Training on the operation of this unit is difficult with today's firefighters who are not used to manual transmissions. As a brush fire truck,a 2nd call pumper and for training situations when time isn't critical,this is a very usable piece of equipment. We will be operating out of two stations by next year. Two first out pumpers are needed out of each station to allow quick initial attack,water supply and adequate personnel for the initial attack in all situations(NFPA standards). This standard specifies that a second attack line be charged and manned before the interior attack can begin. This requires a second pumper arrive quickly behind the first to provide water supply,manpower and attack lines. In most cases this is best accomplished by two pumpers from the same station nearest the incident. To bring all of our fleet to an operational level and to be prepared for two station responses we need to replace unit 9520 and add an initial attack pumper,moving Unit 9521 to a brush response,2nd call/backup,training unit. A committee has been researching our current needs and how best to fill them. Our most pressing apparatus need is for usable pumping engines. We feel that acquisition of two matched pumpers will best fulfill these needs. The committee has spent a great deal of time making sure the specified apparatus will best meet the City's requirements. Functionality which best addresses the needs of the department has been specified. The pump and foam system have been specified to be similar to a system already in service. This makes training and maintenance much easier and consistent. The foam system as specified allows use of new Class A foams in conventional firefighting and also the use of flammable liquid foams at all percentages needed to protect our current hazards. The truck chassis is specified to have a very tight turning radius which will best allow us to maneuver in narrower streets and tighter locations. New streets and developments are being built which are narrower,tighter and more difficult for us to work in. The overall specifications include sections which assure high reliability and easy maintenance. Fire trucks are complex pieces of equipment and our maintenance engineers have provided valuable input regarding features which will make the apparatus more reliable and easier to maintain over its lifetime. DISCUSSION: Three(3)bid responses were received for the specified fire apparatus. The responses were broken down to reflect the cost of purchasing 1 pumping engine and 2 pumping engines. Typical equipment needed on the apparatus was also included in an itemized section on the bid response so that we could evaluate the cost of the apparatus with and without equipment. The three bids received were from General Safety Equipment, Pierce Manufacturing Inc.,and Toyne. Each vendor provided a trade-in for the 1977 General Safety Pumper(unit 9520)which varied from$4,500 to$10,000. Each vendor also provided a discount for purchasing two pumping engines at one time which varied from$5,000 to$10,000. We evaluated the price for one and two trucks with minimum equipment.We then evaluated the price for one and two trucks fully equipped.The equipment differences between minimally equipped and fully equipped trucks include SCBA(self contained breathing apparatus),hose and nozzles. The bid responses including trade in and applicable discounts are as follows: One truck purchased Two trucks purchased with minimum equipment With minimum equipment Pierce Manufacturing $324,312.19 $648,624.38 General Safety $295,166.35 $592,832.70 Toyne $322,695.00 $642,490.00 One truck fully equipped Two trucks fully equipped Pierce Manufacturing $355,971 $711,942 General Safety $325,166 $652,832 Toyne $359,670 $716,440 The bid by Pierce Manufacturing meets all of the specifications and requirements. The bid by General Safety does not meet the specifications in the following key areas;foam system(3%maximum -won't work for polar flammable liquids),the alternator amperage specifications(300 vs. 360),the chassis turning radius specifications(not listed as requested),no engine certification,no electric diagnostics system,a limited cab warranty and inadequate crew cab dimensions. An amp draw report was requested to be part of the response and this was not provided. The bid by Toyne does not meet the specifications in the following key areas;the foam system is complex(a hybrid system from two manufacturers),alternator amperage(300 vs. 360),turning radius(33.53 feet curb to curb vs. 26.89 feet),no engine certification,front bumper hose lay capacity(100 feet vs. 150 feet),no electrical diagnostics system and inadequate crew cab dimensions. An amp draw report was requested to be part of the response and this was not provided. RECOMMENDATION: To best meet the needs of the Shakopee Fire Department and the City of Shakopee,we recommend the purchase of one fully equipped apparatus and one minimum equipped apparatus from Pierce Manufacturing Inc.for $680,283.19.These apparatus fully meet the specifications and best fit our needs. Existing equipment from the trade in unit 9520 will be moved to the minimally equipped new unit making it functional. The second piece of apparatus is needed to operate effectively with two stations as mentioned above. The City of Shakopee is saving approximately$10,000 by purchasing two apparatus at the same time.Fire apparatus have annual price increases of 6 to 10%. Waiting to purchase the second pumper would incur this inflation cost in addition to the currently available$10,000 discount. There are two budget alternatives for purchase of the apparatus and equipment. 1.Purchase the apparatus and equipment at$680,283.19 from the internal service fund($650,000 budgeted). 2.Purchase both minimally equipped apparatus from the internal service fund at$648,624.38,and purchase the equipment(SCBA,hose and nozzles)for one apparatus out of the general fund at$31,658.81 for a total of $680,283.19. ACTION REQUIRED: A motion to purchase from Pierce Manufacturing one minimally equipped pumping engine and one fully equipped pumping engine for a total of $680,283.19. Jan-20-98 03:40pm From—KENNEDY & GRAVEN 6123379310 T-626 P.02/02 F-920 15 - 1 RESOLUTION NO. A Resolution Accepting Bids and Awarding Contract for the Purchase of Two Pumping Engines WHEREAS, bids were received opened and tabulated according to law pursuant to an advertisement for bids for the purchase of pumping engines for the fire department; WHEREAS, bids were submitted by Pierce Manufacturing, General Safety Equipment, and Toyne; WHEREAS, the bid by Pierce Manufacturing meets all of the specifications and requirements set forth in the advertisement for bids; WHEREAS, for the reasons set forth in the memorandum from the fire chief dated January 9, 1998, the bid by General Safety does not meet all of the specifications and requirements in the advertisement for bids; NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The bid submitted by Pierce Manufacturing for one fully equipped pumping engine and one minimally equipped pumping engine in the total amount of$680,283.19 is accepted and the appropriate City officials are hereby_authorized and directed to take the necessary steps to acquire the pumping engines. 2. The bid by General Safety is rejected for failing to meet the minimum specifications and requirements as set forth in the advertisement for bids. - Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk JS. �J. 1. CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark J. McQuillan,Parks and Recreation Director Subject: Parks and Recreation Dept. Computer Software Upgrade Date: January 12, 1998 INTRODUCTION Last summer, Council was informed the Parks and Recreation Department management software program will be discontinued after June 31, 1998. The software, called Community Education Management System(CEMS), is a data base program designed for tracking registrations and scheduling facilities. After June 31,there will be no support services or upgrades of this system. In addition to the obsolescence of the software, CEMS will be unable to process dates correctly after year 2000 due to a computer glitch with the binary system. Apparently,this is a common problem with data base programs created before 1990. BACKGROUND In our search for new software,we have come across two programs which would adequately replace the CEMS Program. They are: RecWare and Class for Windows. Both software packages are designed specifically for parks and recreation agencies. Class For Windows is locally supported by LOGIS. RecWare is a software company located in Sacramento, California and does not have a local representative or support base. Since LOGIS and the City of Shakopee have a joint powers arrangement for computer services, it makes sense to use LOGIS. An initial outlay of$18,000 is needed to install the Class for Windows System. This includes $10,000 for the Software Application and $8,000 for upgrading the main File Server. See Attachments A, &B . These costs are included in the 1998 Recreation Operating Budget. LOGIS also recommends upgrading the recreation staffs four Personal Computers (PCs). The cost to upgrade each PC is about$2,500 for a total of$10,000. See Attachment B- 1. Staff budgeted$4,000 in the 1998 Recreation Operating Budget to upgrade the PCs. Therefore, $6,000 is needed to upgrade all four PCs (. (Until now, it was not known how much it would cost to upgrade the workstations.) The total cost to install the new software application and to upgrade the File Server and four PCs is $28,000. There is $22,000 identified in the budget. To make up the $6,000 difference staff recommends adjusting the Recreation Budget by shifting $5,000 from the Recreation Budget's Building Maintenance Fund and$1000 from the Equipment Maintenance Fund to the Capital Equipment Fund. This will not increase the Recreation Operating Budget. It is simply moving funds within the budget. ALTERNATIVE 1. Authorize the Parks and Recreation Department to use Class for Windows Software from LOGIS and to purchase the necessary computer hardware to operate the system at a total application and equipment cost not to exceed $28,000. 2. Direct staff to continue investigating other recreation software providers. 3. Table for further information from staff. 4. Do nothing. ACTION Move to authorize the Parks and Recreation Department to use Class For Windows Software from LOGIS and to purchase the necessary computer hardware to operate the system at a total application and equipment cost not to exceed$28,000. c=.fg/Netit,a, M J. McQuillan Parks and Recreation Director ATTACHMENT A July 10, 1997 Sherry Devorak City of Shakopee Parks and Recreation Department 129 South Holmes Street Shakopee,MN 55379 Dear Sherry: Paul Norton has relayed to me your request for a cost estimate for the park and recreation software with LOGIS. I have included below an estimate for 1998 and 1999. A 40% discount has been applied to the 1998 application charges. We hope the discount will help offset costs for initial hardware purchases you may need to make (upgraded PC's, server). Please note the 1998 estimate, including the 40%discount, would be prorated to any months you would use the application in 1997. I would also like to point out that the 1999 figures are an estimate and will not become concrete until we complete our 1999 budget during June of 1998. 1998 1999 Application Charge $9,932 $16,553 Systems Development waived $ 1,672 Total: $9,932 $18,225 LOGIS has a tremendous support staff and we are certain the needs of your department will be met successfully. I thank you for your interest and please don't hesitate to phone if you have any questions. Sincerely, Julie Groenke Controller MEMORANDUM ATTACHMENT B Date: January 8,1998 To: Mark McQuillan,Director M E N E M Shakopee Parks &Recreation M DI0 0 0 From: Molly Beilharz . M E M Subject: Class For Windows Hardware Requirements Attached is a copy of the Hardware Standards Escom Software Services recommends for the Class For Windows Park and Recreation Software. Also attached is the cost estimate that Julie Groenke prepared for Sherry in July. Listed below is the configuration and pricing information for the most recent NT server that was purchased for the City of Crystal from OPM. Prices are subject to change without notice. Part# Qty Item Description Unit Price Extended Price D4976A#ABA 1 HP NETSERVER E45 PII/266 4.2GB/32 2,732.00 $2,732.00 D4892A 1 HP MEM MOD 32MB EONS PARITY SIMM 327.00 327.00 D4963A 1 HP HD 4.2GB FAST SCSI-2 DISK MOD 615.00 615.00 3RDADP294OUK 1 ADAYI"EC 2940 PCI ULTRA SCSI CARD 275.00 275.00 227-00027 1 MICROSOFT WIN NT SRVE W/10 CLNT CD V4 1,059.00 1,059.00 228-00020 1 MICROSOFT SQL SRVR F/WIN NT (10)CD V6.5 1,883.00 1,883.00 TOTAL $6,891.00 Desktop Workstation Configuration and Pricing. 100+mhz Pentium Processor 32 mb RAM 500mb Hard Drive CD ROM Running Windows 95 Color Monitor Estimated Cost:$2500.00 to$2700.00 each These estimated costs do not include tax or shipping&handling. Please call me if you have questions. If I don't know the answers,I'll find someone who does. Thank you. ATTACHMENT B-1 The Class' Advantage Its What Our Customers Say. ogram & Facilities Management Software The minimum performance and suggested performance standards apply to running any multiple Windows applications on a workstation or server—including Class.Facility Booking and other processor intensive applications should be run on the suggested performance standard.For single-user Program Registration& Management sites,a 486 DX2,66mhz,IBM compatible with 16mb of RAM will suffice however,it is not recommended. Desktop Workstation Minimum Performance Suggested Performance IBM Compatible PC IBM Compatible PC 75mhz Pentium Processor 100+mhz Pentium Processor 16mb RAM 32mb RAM 500mb Hard Drive 500mb Hard Drive �s Running Windows 95 or NT Running Windows 95 or NT Zi Database Server Minimum Performance Suggested Performance IBM Compatible PC IBM Compatible PC 166mhz Pentium Processor Pentium Pro Processor SMP 64mb RAM 128mb RAM 2.0gb Hard Drive 4.0gb Hard Drive Dedicated to Class Dedicated to Class In light of the rapid development of technology and increasingly resource-hungry applications,Escom Software and the Class division suggest the following guidelines when setting internal purchasing£.andards. Your standards should be evaluated twice each year: •Subscribe to and review any of the many magazines published for PC users and use their"best buys"as a general guide. •Look for Gateway 2000 Computer Systems'advertisements.Their "best buys"can generally be used as a guide for budgetting. Regardless of specific hardware advancements,its a general rule of thumb that it will cost approximately$2,500 (US)to purchase a desktop system required to run"today's"software applications. It is vital to discuss your specific needs with a Class Systems Consultant before purchasi:.g your hardware. Hardware Standards Class is a trademark of Escom Software Services Ltd. Alr ATTACHMENT C RecWare Pricing Proposal July 10, 1997 4 pee Paf �°. �raa' Software and Equipment Proposed Version Price RecWarePRo Activity Registration 2 User 1,995.00 RecWarePRo Facility Reservation 2 User 1,995.00 RecWarePRo League Scheduling Upgrade 2 User 500.00 RecWarePRo Membership/Pass Management 2 User 1,995.00 Subtotal 6,485.00 Less 20%Multiple Product Discount(REG/FAC/MEM) (1,197.00) Software/Equipment Pricing Subtotal $5.288.00 **************************************** Software Subscription Service - Maintenance Support and Updates Software Subscription Service-(REG/FAC/MEM) 1,485.00 Software Subscription Pricing Subtotal $1,485.00 ****************************************** Support Services (all expenses included) 3 day(s)on-site service 3,000.00 (*A day of service is 4-6 hours) Subtotal 3,000.00 Less 10%Multiple Service Day Discount (300.00) Support Services Subtotal $2,700.00 **************************** RecWare Software and Services Total $9,473.00 -Sierra Digital,Inc.is not responsible for the installation of hardware. Software subject to terms and conditions on License and Software Subscription Agreements Quotation valid for 30 days RecWare Pricing Proposal Do Not Copy Reproduce or FAX Copyright 1997 CONSENT CITY OF SHAKOPEE -� Memorandum j�' E. 1 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Reduction of Letter of Credit Valley Park 12th Addition Orchard Park First Addition DATE: January 7, 1998 INTRODUCTION: City Council is asked to authorize the reduction in the amount of the letter of credit for two subdivisions - Valley Park 12th Addition and Orchard Park First Addition. BACKGROUND: I have been asked to reduce a letter of credit, on file with the City, to insure completion of public improvements contained in the developer' s agreement for Valley Park 12th Addition. The developer' s agreement allows for the reduction of the letter of credit by the City upon partial completion of the work, acceptance by the City Engineer and receipt of a one year maintenance bond. All of these items have been accomplished, and the City Engineer has advised me that the letter of credit may be reduced to $90, 000 . This amount will be retained to insure completion of the remaining storm sewer work in Valley Park Twelfth Addition. I have also been asked to reduce a letter of credit, on file with the City, to insure completion of public improvements contained in the developer' s agreement for Orchard Park First Addition. The Assistant City Engineer has advised me that the work has been accepted and that the letter of credit may be reduced to $14, 000 . This amount will be retained to insure construction of a trail or sidewalk along the east side of County Road 77 . _ I103 Reduction of Letter of Credit January 7, 1998 Page -2- ALTERNATIVES: 1 . Approve requests 2 . Deny requests RECOMMENDED ACTION: 1 . Authorize the reduction of the letter of credit for public improvements in Valley Park 12th Addition to $90, 000 . 2 . Authorize the reduction of the letter of credit for public improvements in Orchard Park First Addition to $14, 000 . ?.Q.4-4 PA2c, h:\letteroc.rel 16-: E✓ �. CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Amendment to City Code Relating to Beer Licenses DATE: January 16, 1998 INTRODUCTION: The City Council is asked to consider raising the dollar amount of the sales of beer to qualify for an exemption from carrying liquor liability insurance. BACKGROUND: State law requires a beer, wine, or liquor licensee to carry liquor liability insurance. The law also allows an exemption for beer licensees whose annual sales are less than $50, 000 . This exemption amount was originally set at $10, 000 and has been increased twice over the past ten or so years. It was recently increased to $50, 000 . The City Code implemented the $10, 000 exemption when it was first adopted by State law, but the amount has never been increased to be consistent with State law. The City Attorney has advised that most municipalities that he is familiar with have raised the exemption amount to $50, 000 consistent with State law. The SuperAmerica stores recently merged with another corporation and formed a new corporation. This new corporation is self insured. Being self insured does not satisfy the insurance requirement. Although they did provide evidence of the liquor liability insurance coverage for the new license that was granted by City Council on January 6th, they would like the exemption figure increased. It if is increased, they would make application for the exemption during the renewal of their license in June. TV friO3 Amend City Code Relating to Beer Licenses January 16, 1998 Page -2- ALTERNATIVES: 2-ALTERNATIVES: 1. Leave exemption at $10, 000 2 . Raise exemption to $20, 000 3 . Raise exemption to $50, 000 4 . Raise exemption to some other amount RECOMMENDATION: Staff recommends alternative three, raise the exemption from carrying liquor liability insurance for beer licensees to $50, 000 . RECOMMENDED ACTION: Offer Ordinance No. 513, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code, Chapter 5, Section 5 . 09, Subd. 2 Pertaining to Exemption from Providing Proof of Financial Responsibility for Certain Beer Licensees, and move its adoption. ( QIL Cit lerk ORDINANCE NO. 513,FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING CITY CODE, CHAPTER 5, SECTION 5.09, SUBD. 2 PERTAINING TO EXEMPTION FROM PROVIDING PROOF OF FINANCIAL RESPONSIBILITY FOR CERTAIN BEER LICENSEES THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 - Section 5.09, Subd. 2 of the City Code is amended to read as follows: SEC. 5.09. FINANCIAL RESPONSIBILITY OF LICENSEES. Subd. 2. Exception..exemption. This Section does not apply to beer licensees with annual sales of beer of less than$10000$50,000. ' _ '_-- - - -- - -- : : - This exemption shall not apply where sales are made on public property. All licensees desiring to claim this exemption must prove entitlement thereto in such a manner as the Council shall by resolution from time to time determine. Section 2 -Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1998. [i:\clerk\bev\ORD-513.TXT] mriiF• 3 . CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Prior Lake Lions Club Premises Permit DATE: January 15, 1998 INTRODUCTION AND BACKGROUND: The Prior Lake Lions Club is applying for the renewal of their premises permit for the sale of pull-tabs at Canterbury Inn, 1244 Canterbury Road. The Permit will ultimately be issued by the State Gambling Control Board. When application is made, the Board requires that the local unit of government pass a resolution specifically approving or denying the application. The Prior Lake Lions Club is in compliance with the requirements of the City Code relating to gambling. RECOMMENDED ACTION: Offer Resolution No. 4829, A Resolution Approving Premises Permit for the Prior Lake Lions Club, and move its adoption. 0 ail J . Ju•S S. Cox, Cit Clerk h:\Judy\licenses\premises , n v 3 RESOLUTION NO. 4829 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING PREMISES PERMIT FOR PRIOR LAKE LION'S CLUB WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permits; and WHEREAS, the Prior Lake Lion's Club is seeking Premises Permit for the site at the Canterbury Inn, 1244 Canterbury Road, Shakopee,Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Premises Permit for the Prior Lake Lion's Club at Canterbury Inn, 1244 Canterbury Road, Shakopee,Minnesota is hereby approved. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk JSC/tiv CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Fighter 1998 Pay DATE: January 9, 1998 INTRODUCTION: The Council is asked to approve an increase in fire fighter pay by $.50 per hour in 1998. BACKGROUND: The attached memorandum from Fire Chief Terry Link requests that the Council enact a pay increase for fire fighters to be effective January 1, 1998. He notes that the existing $7.50 per hour has been in place since 1987. The pay is hourly, and goes to fire fighters for attending drill, or responding to calls. BUDGET IMPACT: The increase should add$ 5,620 to the 1998 expenditures, based upon 1997 usage figures. That amount was provided for in the 1998 fiscal year operating budget. RECOMMENDATION: I recommend that the Council approve the pay increase for fire fighter wages from$7.50 per hour,to $8.00 per hour, retroactive to January 1, 1998. ACTION REQUIRED: If the Council concurs, it should approve Resolution 4830: A RESOLUTION AMENDING RESOLUTION NO. 4799, WHICH ADOPTED THE 1998 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE !Ack Mark McNeill City Administrator Memorandum Date: 1/7/98 From: Terry Link, Fire Chief To: City Council,City Administrator Re: Pay Increase for Fire Fighters Background: The 1998 budget that was approved by City Council contains an increase for fire fighters' wages from $7.50 per hour to$8.00 per hour. The last increase was in 1987 and was an increase from $7.35 per hour to $7.50 per hour. Many of the City's volunteer fire fighters leave a full-time job that pays more than$7.50 per hour when we get a call, some of them not getting paid while they are at the call. I feel that increasing the pay to$8.00 per hour will help keep the level of response to fire calls at the present level, and keep firefighters' from feeling that they can't afford to leave work. Recommendation: Approve the pay increase to $8.00 per hour for the fire fighters effective January 1, 1998. yr N W W W W W W W W W W W W W V. •W W W W W W W W W W W W W W W W WW W W Co' 'W W W W W W W W W VW N + N N N N N N N N N N N N N I N N N N N N N N N N N N N N N N N N Ny N t N N N N N N N N N K H 3Cm3H�1COC70CHOOx1CxCrJd�4t�]�'HO�iCCby70CCC �Cr W�f]HIEEI 1 x� ' �n�O�:vt�S�zyEGC�WtrJZH3z►z-� ZxCR7rt31CHHt177CZHC�I �C y �OH .. d�'�j zFH]r`K�7zLXi 'A� �I"Of7�C�Httirnt+] txiZtTiL1 'AHCl77r L H'�C j d .Z'1 roxyWH q CHV C. 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X)0 - \ VD O U7 0 0 0 0 0 0 0 0 OSA O O O O O O O O O N O O Ot 01-'0 0 0 0 0 U7 0 W 0 0 0 0 0 0 0 0 0 0 DD t4 N O O `, DI 3v •.'S m O" RESOLUTION NO. 4830 A RESOLUTION AMENDING RELN NO.4799,WHICH ADOPTED THE SOLI PAY SCHEDULE FORSOTHEUTIOOFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, on December 2, 1997,the City Council of the City of Shakopee, Minnesota,adopted Resolution No. 4799,approving the 1998 Pay Schedule for the Officers and Non-union Employees of the City of Shakopee; and WHEREAS, the Fire Department 1998 Budget provided for a$.50/hour pay increase for firefighter calls and drills. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the 1998 PAY SCHEDULE is hereby amended to include the Fireperson hourly pay rate of$8.00/hour. Adopted in session of the City of Shakopee,Minnesota, held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk 1998 PAY SCHEDULE JANUARY 1, 1998 POSITIONS ELECTED OFFICIALS SALARY AUTHORIZED Mayor $6,120.12/year 1 Councilpersons $5,100.12/year 4 NON-UNION EMPLOYEES Fire Chief $3,000.00/year 1 Ass't. Fire Chief(1st) $1,500.00/year 1 Ass't. Chief(2nd) $1,300.00/year 1 Fire Department Engineer $2,400.00/year 1 2nd Engineer $2,000.00/year 1 3rd Engineer $1,000.00/year 1 4th Engineer $1,000.00/year 1 1st Captain $2,000.00/year 1 2nd Captain $ 740.00/year 1 3rd Captain $ 740.00/year 1 4th Captain $ 740.00/year 1 Firepersons $ 8.00/hour 46 CITY OF SHAKOPEE l tS G Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Excess Fire Station Property Update DATE: January 15, 1998 INTRODUCTION: The purpose of this memorandum is to provide the Council with an update on the potential sale of 9.95 acres to Ever Green Real Estate Development Corporation, for development as a rental town house site. BACKGROUND: At the January 6th,the City Council directed that staff negotiate details of a possible sale of the excess fire station property to develop as Ever Green Heights Townhomes. Greg McClenahan, of Ever Green, and his architect subsequently met with staff to review details. To review,he is proposing to build 68 rental town homes to be targeted for working families, those who make between$20,000 and$35,000 in annual income. With those limitations, he would be eligible to apply for low income tax credits from the Minnesota Housing Finance Agency. The application deadline for the program is February 12th. By May, he would know whether the application is successful. The first phase would consist of 34 units. Of that, 6 units would be owned by the Scott County HRA, and would be funded as"Holman"units. Funding for those units comes from private foundations for affordable housing. Of the other 28 units, approximately 40% of the financing would come from low income tax credits. The other funding would come from mortgages provided by the Minnesota Housing Finance Agency. Also discussed was the desirability of obtaining from MnDOT a remnant U.S. 169 right of way parcel immediately adjacent to the site. ON SITE DIRT: This proposal, and that of the other market rate proposal which was considered by the Council that evening, is contingent upon the grading of the site to more developable contours -the expense of removing significant amounts of excess material makes it difficult for a developer to pay the City's asking price. The $325,000 had been established as what was necessary to reimburse the City for its expenses -purchase price plus assessments. After the meeting, it was determined that if significant quantities of dirt must be removed from the site, there should be a grading plan in place. However, Ever Green can't submit a grading plan if they are not yet owners of the property. It was determined that the best course of action would be for the City to work out a grading plan, based upon the end need of the town house development. The grading plan would have to be in conjunction with a preliminary plat, which the City would produce. This would also allow the property to be split into two parcels - one for the fire station, and one for the town house development. Then, upon approval of the grading plan, the site could be graded, with the excess dirt being moved across County Road 16 to leave Valley Green Business Park proposed location for the Seagate Development. As much as 15 feet of dirt will need to be removed from the site. The City should enter into the contract with Valley Green,rather than Ever Green. That way, the City maintains control of the project. Should Ever Green be unsuccessful in moving forward,the City be assured of a graded site, which will then be move salable. Under this schedule,the dirt could be moved to the Seagate site,probably following the second Council meeting of February. Grading would be done around the Minnegasco gas line on site, which will need to be lowered this summer. The expense of lowering the gas line wuld be that of the buyer. ACCESS QUESTION: Evergreen Heights did contact the Scott County Highway Department for permission to access the potential daycare site from County Road 16. They were informed that the location, as presented to the City Council at the January 6th meeting, did not meet the County's spacing requirements. Therefore, the acquisition of the excess MnDOT property,which would meet spacing minimums, becomes more important, as the daycare could potentially be located on that site. CITY CONTRIBUTION: From the City's standpoint, this concept would provide the ability to obtain the asking price for the 9.95 acres by getting the grading done at no cost to the City. In addition,the value of the dirt being removed could be claimed as a City contribution towards an affordable housing project. Then, credit could be claimed toward City participation in the Livable Communities Act of the Metropolitan Council. Mr. McClenahan is working on financing for the daycare through a non-profit agency. So that Council maybe more familiar with Mr. McClenahan and Ever Green, a resume is attached. STATUS: Greg McClenahan has provided the attached draft of a purchase agreement. In order for him to meet the February 12th application deadline for the low income tax credits, a committal of the land to him by the City will be necessary -this can either be done through an executed purchase agreement(draft attached), or resolution at the next Council meeting on February 3rd. ACTION REQUIRED: No action is required at the January 20th meeting. The Council will be asked,however,to review the concept and advise if there are things it wishes to have pursued differently than what has transpired to date. Mr. McClenahan will be at the meeting to answer questions. Mark McNeill City Administrator MM:tw 01/15/98 THU 10:13 FAX 6128311869 JOHNSON&CONDON Ij002 1 GREGORY A. McCLENAHAN 5212 Hope Street Prior Lake, MN 55372 Education 1969 Belmond High School, Belmond, Iowa 1974 BS - Psychology - University of Iowa 1979 MBA - University of Iowa 1979 JD - University of Iowa Employment 1979 - 1983 Iowa Electric Light and Power Company, Cedar Rapids, Iowa Staff Attorney with various responsibilities • Civil Litigation • All Real Estate Matters for Electric and Gas Utility and Short-line Railroad • Environmental Attorney, including environmental licensing for 650 MW Powerplant • Administrative Law 1983 - 1986 Private Practice - Minneapolis, Minnesota • Civil Litigation 1986 - 1998 Johnson& Condon, P.A. - Minneapolis, Minnesota • Civil Litigation 1995 - 1998 EverGreen Real Estate Development Corporation, Prior Lake, Minnesota • Real Estate Development Real Estate Projects EverGreen Pointe Townhomes • Completed all phases of 48 unit rental townhome project in Savage, Minnesota • Construction started in September 1996 • Construction completed in September 1997 01/15/98 THU 10:13 FAX 6128311869 JOHNSON&CONDON 01003 4 References: William H. Anderson Senior Vice President/Commercial Lending Zapp National Bank/BanCorp St. Cloud, MN (320) 259-8324 Susan Haugen Director, Minnesota Tax Credit Program Minnesota Housing Finance Agency St. Paul, MN (612) 296-9848 William Jaffa Executive Director Scott County HRA Prior Lake, MN (612) 447-8875 Steven King, City Administrator John Heald, Community Development Director City of Savage (612) 882-2691 (Heald) Financial Statement will be made available if requested. GAM-180680.1 01/15/98 THU 10:14 FAX 6128311869 JOHNSON&CONDON Ij 004 EverGreen Heights Townhomes - Phase I Sources and Uses Townhomes Uses Land $ 325,000 Site Work $ 225,000 New Structure $ 2,369,774 Professional and Other Fees $ 519,000 Construction Financing Costs $ 200,000 Permanent Financing Costs $ 43,000 Soft Costs $ 65,000 Syndication Costs $ 10,000 Rentup Reserves $ 100,000 Operating Reserves $ 75.000 $ 3,931,774 Sources Tax Credits $ 1,596,350 Hollman Sale $ 691,900 MHFA 1st Mortgage $ 650,000 MHFA 2nd Mortgage - ARIF $ 300,000 MHFA 2nd Mortgage - LILF $ 396,000 Inkind - City of Shakopee $ 200,000 Owner's Equity $ 97.494 $ 3,931,744 GAM-181026.1 01/15/98 THU 10:14 FAX 6128311869 JOHNSON&CONDON x1005 Daycare (est. 5,000 sq. ft.) Uses Structure $ 275,000 Equipment/Fees $ 125.000 $ 400,000 based on 5,000 sq. ft. Sources Local Housing Incentive Fund/Met Council Family Housing Fund MHFA/ARIF Carver-Scott Education Cooperative Economic Development Coalition Seagate Pending State Funding Legislation $ 400,000 Operating Funds and Subsidies User Fees Scott County Child Care Subsidies Seagate/Local Industries Pending State Funding Legislation Economic Development Coalition Others to be Identified GAM-181020.1 01/15/98 THU 10:14 FAX 6128311869 JOHNSON&CONDON 01006 Dkfff PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") is made as of February , 1998, between EverGreen Heights, LLC, a Minnesota limited liability corporation (hereinafter "Seller") and City of Shakopee, a Minnesota municipality (hereinafter "Buyer"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the real property located in City of Shakopee, Scott County, Minnesota generally described as approximately 10 acres located south of Vierling Drive, and east of the new fire house site, together with all easements and rights benefiting or appurtenant to same (hereinafter, the "Property"). Seller and Buyer will execute an amendment to this Agreement specifying the exact property to be transferred within 10 days after Buyer's receipt of a survey of the Property as provided herein. If Seller and Buyer cannot so agree on the description of the property to be transferred hereby, either party may cancel this Agreement by giving written notice to the other of such cancellation and all Earnest Money (as hereinafter defmed) shall thereafter be returned to Buyer. 2. Purchase Price and Manner of Payment. The total purchase price ("Purchase Price") to be paid for the Property shall be $325,000. The Purchase Price shall be payable as follows: 2.1 $2,000 as earnest money ("Earnest Money") paid concurrently with the execution of this Agreement, which Earnest Money shall be held by Seller's agent; and 2.2 the remainder of the Purchase Price in cash or by wire transfer of funds on the Closing Date. 3. Buyer's Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: 3.1 Title. Title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 8 below. 3.2 Access and Inspection. Seller shall have allowed Buyer, and Buyer's agents, access to the Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing, shall restore the Property, and shall hold Seller and the Property harmless from all claims, costs and liabilities relating to Buyer's investigation and testing activities. Buyer shall have been satisfied, on or before the Contingency Date (as hereinafter defmed) with the results of all tests and investigations performed by it or on its behalf. Buyer will provide Seller with copies of all soil tests, environmental reports, surveys, engineering reports and other information obtained by Buyer with respect to the Property. 3.3 Government Approvals. All governmental approvals, which are necessary in Buyer's judgment in order to permit use of the Property as a rental townhome development and day care center, shall have been obtained on or 01/15/98 THU 10:15 FAX 6128311869 JOHNSON&CONDON fJ007 before the contingency date. Seller and Buyer shall cooperate with each other in all reasonable respects in obtaining such approvals, and shall execute such applications, permits and other documents as may be reasonably required in connection therewith. 3.4 Financing. Buyer shall have received on or before the Contingency Date such federal tax credits and/or mortgage financing commitments as Buyer deems , necessary and sufficient to implement Buyer's plans for and to complete the purchase of the Property. 3.5 Site Excavation. The Property shall have been excavated and graded sufficiently so as to permit satisfactory access and site lay out of the proposed townhome development and daycare center. The "Contingency Date" shall be July 30, 1998. If any contingency has not been satisfied on or before the Contingency Date or the Closing Date, as the case may be, then this Agreement may be terminated by notice from Buyer to Seller, which notice shall be given not more than 5 days after the Contingency Date or Closing Date as the case may be. Upon termination, the Earnest Money, and any interest accrued thereon, shall be returned to Buyer and neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies are specifically for the benefit of the Buyer, and the Buyer shall have the right to waive any contingency by written notice to Seller. 4. Seller's Obligations. In connection with the sale to Buyer, Seller agrees to the following obligations: 4.1 Purchase of Contiguous Property. Seller shall use its best efforts to negotiate the purchase from MNDOT of an approximate 2 acre parcel (hereinafter the "MNDOT Parcel") contiguous to the Property, which parcel will be sold to Buyer for the price so negotiated, at the same time and subject to the same terms as are applicable to the Property. 4.2 Preliminary Plat Application and Approval. Seller shall initiate and proceed with the preliminary plat application for the contemplated use of rental townhomes and daycare center on the Property and MNDOT Parcel, which preliminary plat application and approval will permit the Seller to separately contract for site excavation and grading prior to closing. In addition, the preliminary plat application, review and approval will address all other matters and regulatory requirements necessary for the contemplated use of rental townhomes and daycare center to proceed, including but not limited to, compliance with environmental laws (sound abatement), county road access permits, density and zoning regulations, and surface water drainage permits. 4.3 On-Site Improvements. Following preliminary plat approval, Seller shall proceed to contract for the excavation and grading of the Property and, if applicable, the MNDOT Parcel, in coordination with Buyer's site development plans. It is agreed by the parties that the on-site improvements provided by Seller directly benefit and are being performed in connection 2 01/15/98 THU 10:15 FAX 6128311869 JOHNSON&CONDON ( J008 with the contemplated use by Buyer of the Property as a rental townhome development and daycare center. The contemplated use of the Property could not occur but for the on-site improvements provided by Seller. The on-site improvements provided by Seller to Buyer have a value which may be established by reference to prevailing market values for similar excavation, transportation and grading services. 4.4 Driveway Encumbrance. Seller shall proceed to negotiate and remove the encumbrance created by the driveway accessing County Road 16. The Seller shall coordinate its efforts with Buyer so as to remove the encumbrance in a fashion beneficial to the sale of the Property and its contemplated use as rental townhomes and daycare center. 5. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on or before October 1, 1998 (the "Closing Date"). The Closing shall take place at such place and time of day as Seller and Buyer mutually agree upon. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. 5.1 Seller's Closing Documents. On the Closing Date, Seller shall execute and deliver to Buyer the following (collectively, "Seller's Closing Documents"), all in form and content reasonably satisfactory to Buyer: 5.1.1 Deed.A Warranty Deed conveying the Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. 5.1.2 Owner's Duplicate Certificates of Title. The owner's duplicate certificates of title for the Property, if the Property is registered land. 5.1.3 Well Certificate. A Certificate sufficient to certify abandonment of any existing wells consistent with applicable laws and rules. 5.1.4 Other Documents. All other documents reasonably determined by Buyer or Title Company to be necessary to transfer the Property to Buyer free and clear of all encumbrances. 5.1.5 MNDOT Parcel. If applicable, documents sufficient to convey the MNDOT Parcel to Buyer. • 5.2 Buyer's Closing Documents. On the Closing Date, Buyer will execute and deliver to Seller the following (collectively, "Buyer's Closing Documents"): 5.2.1 Purchase Price. Funds representing the Purchase Price, by wire transfer and execution or delivery of any required SeIler's financing documents. 3 01/15/98 THU 10:16 FAX 6128311869 JOHNSON&CONDON I]009 6. Prorations. Seller and Buyer agree to the following pro-rations and allocation of costs regarding this Agreement: 6.1 Title Insurance and Closing Fee. Seller will pay all costs of the Title Commitment. Buyer will pay all additional premiums required for the issuance of any owner's or mortgagee's title insurance policy. Seller and Buyer will each pay one-half of any closing fee or charge imposed by any closing agent or by the title company. 6.2 Deed Tax. Seller shall pay all State Deed Tax payable in connection with this transaction. Buyer shall pay all Mortgage Registry Tax payable in connection with Buyer's financing. 6.3 Real Estate Taxes and Special Assessments. Real Estate Taxes payable in the year in which Closing occurs shall be prorated. Special Assessments levied or pending prior to closing shall be paid by Seller. 6.4 Attorney's Fees. Each of the parties will pay its own attorney's fees, except that a party defaulting under this Agreement or any Closing Document will pay the reasonable attorney's fees and court costs incurred by the nondefaulting party to enforce its rights hereunder. 7. Title Examination. Title Examination will be conducted as follows: 7.1 Seller's Title Evidence. Seller shall, within 20 days after the date of this Agreement, furnish to Buyer a commitment ("Title Commitment") for an ALTA Form B 1990 Owner's Policy of Title Insurance insuring title to the Property, deleting standard exceptions, in the amount of the Purchase Price. 7.2 Buyer's Objections. Within 45 business days after receiving the Title Commitment, Buyer will make written objections ("Objections") to the form and/or contents thereof. Buyer's failure to make Objections within such time period shall not constitute waiver of the Objections. Those matters referred to on Exhibit A attached hereto and any matter shown on the Title Commitment and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have 60 days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed, if necessary. Seller shall use all reasonable efforts to correct any Objections. If the Objections are not cured within such 60-day period, Buyer will have the option to do any of the following: 7.2.1 Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money, if any; or 7.2.2 Waive the Objections and proceed to close. If Buyer waives any Objections, they will be deemed Permitted Encumbrances hereunder. 4 01/15/98 THU 10:16 FAX 6128311869 JOHNSON&CONDON [j010 8. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 8.1 Wells. The Seller hereby discloses to Buyer that there is no "water well" on the described Property within the meaning of Minn. Stat. § 156A.02. 8.2 Individual Sewage Treatment Systems. Solely for purposes of satisfying the requirements of Minn. Stat. §115.55, Subd. 6, Seller hereby discloses to Buyer that there is no individual sewage treatment system in use on the property. Except as herein expressly stated, Buyer is purchasing the Property based upon its own investigation and inquiry and is not relying on any documentation from or representation of Seller or other person and is agreeing to accept and purchase the Property "as is, where is" subject to the conditions of examination herein set forth and the express provisions herein contained. 9. Casualty: Condemnation. If all or any part of the Property is substantially damaged by fire, casualty, the elements or any other cause, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within 30 days after Seller's notice. If Buyer shall fail to give the notice, then the parties shall proceed to Closing, and Seller shall assign to Buyer all rights to insurance proceeds resulting from such event. If eminent domain proceedings are threatened or commenced against all or any part of the Property or other governmental sale or conveyance of any nature of any portion of or interest in the property shall occur, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within 30 days after Seller's notice. If Buyer shall fail to give the notice, then the parties shall proceed to Closing, and Seller shall assign to Buyer all rights to appear in and receive any award or benefit from such proceedings. 10. Broker's Commission. Neither Seller nor Buyer have retained the services of a Broker and each shall hold the other harmless from all fees or commissions that may be asserted by Broker in connection with this sale. 11. Assignment. Either party may assign its rights under this Agreement without the prior written consent of the other party, before or after the Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement. 12. Survival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. 13. Notices. Any notice required or permitted hereunder shall be given by personal delivery upon an authorized representative of a party hereto; or if mailed by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: 5 01/15/98 THU 10:17 FAX 6128311869 JOHNSON&CONDON 01011 If to Seller: City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1351 (612) 445-3650 If to Buyer: EverGreen Heights LLC Attention: Greg McClenahan 5212 Hope Street Prior Lake, MN 55372 Phone 612/806-0406 Fax # 612/831-1869 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run one business day after any such deposit. Anymaychange its address for the service of notice bygivingnotice of such change party � 10 days prior to the effective date of such change. 14. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in a writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 15. Remedies. If Buyer defaults under this Agreement, for reasons other than those contingencies referenced herein. Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within 15 days of the date of such notice, this Agreement will terminate, and upon such termination Seller will retain the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. If Seller defaults under this Agreement, this provision does not preclude Buyer from seeking and recovering from Seller specific performance of this Agreement. If Buyer successfully pursues specific performance, Buyer shall have the right to receive damages, including attorney fees from Seller for Seller's defaults hereunder. 16. Counterparts. This Agreement may be executed in counterparts, each when taken together shall constitute one original document. Receipt of facsimile signatures of this document shall be deemed full acceptance and execution hereof and each such facsimile signature shall be followed by an original signature page, delivered to the other party within 24 hours of the facsimile transmission. 6 01/15/98 THU 10:17 FAX 6128311869 JOHNSON&CONDON a1012 Seller and Buyer have executed this Agreement as of the date first written • above. SFi.i.RR: CITY OF SHAKO PEE By: Its: BUYER: EVERGREEN HEIGHTS, LLC EVERGREEN REAL ESTATE DEVELOPMENT CORP., Manager By: Its: OAM-170908.1 7 01/15/95 IflU 10:17 FAX b1ZtJlltftiu JUttplou dck,upuUiV if V 1 V EXHIBIT A Permitted Encumbrances 1• Building and zoning laws, ordinances, state and federal regulations. Reservation of any mineral rights by the State of Minnesota. ility and drainage easements which do not interfere with proposed improvements. EVERGREEN HEIGHTS TOWNHOMES Introduction EverGreen Heights will be a 68-unit rental townhome development (built in two equal phases) located south of Vierling Street, near the intersection of Vierling and County Road 16 in Shakopee, Minnesota. Fifty-six units will be financed by federal tax credits and state- sponsored financing. The other twelve units will be owned by Scott County HRA and operated as public housing. The development is designed to provide housing to three, four and five-person families with incomes between $20,000 and $35,000, for whom there are more limited housing alternatives. There also will be an on-site daycare facility, primarily - — for resid-ents-to promote working opportunities for resident parents. The multi-family use is • buffered from adjacent properties by major roadways and a firestation. The proposed site plan and architectural and landscaping features provide single-family identity, visual appeal, community atmosphere and outdoor recreational and leisure opportunities. CP- Physical Development The development will consist of 68 two-story, side-by-side townhomes, which will be built in two phases of 34 units. Each 34-unit phase will have 2 handicap-accessible units and 6 Scott County HRA units. There will be a resident manager/caretaker. Each phase will have 9 buildings containing a mix of.14 two-bedroom unites, 17 three-bedroom units, and 3 four- bedroom units. Each townhome will have an attached, oversized single car garage and a private surface parking area. Sixteen additional general parking areas will be provided. Unit density will be less than 7 per acre. The exterior will be clad in steel siding of contemporary colors. The building front ground level will be brick. The units will have natural gas, forced air heat and central air conditioning. All units will have standard kitchen appliances, plus dishwasher. Washer and dryer hook-ups will be provided in each unit. A seperate dining area will be provided. Each unit will have a half bathroom downstairs and a compartmentalized, full-bathroom upstairs. - Tenants will pay gas and electric utilities. The owner will provide garbage service and water and sewer. A 75-child-capacity, day care facility/community center will be located in a stand-alone building with access off Vierling. The center will provide child care to residents at below- market rates if the care services facilitate the parents' employment. The facility will make excess capacity available to the public. A community room will also be located in the building and be available for resident use and large group functions. Site amenities will include several age-appropriate play areas, several open picnic areas and one outdoor picnic shelter with all areas (including the day care facility) connected by hard GAM-179015.1 surface walkways. The ground will be appropriately enhanced by schrubs, deciduous and evergreen trees, perennial and annual flowering plants and landscaping medium. Location The development is located on approximately 10 acres of open land, which rises 30-40 feet on the north, south and east sides from surrounding land. The site is bounded on the south by the Highway 169 bypass, on the west by the new Shakopee firestation, on the east by County Road 16 and proposed industrial uses and on the north by Vierling Street. The location permits immediate access to Highway 169 and the metropolitan freeway system. Tenant Profile Prospective tenant households' incomes must fall below the following limits: Household size Income 3 $30,960 — 4_ ---- — _$34,380 5 6 $37,140 - - -- — $39,900 Maximum rents, exclusive of tenant-paid utilities, are as follows: 2 Bedroom Unit $571 3 Bedroom Unit $658 4 Bedroom Unit $726 Tenants must also satisfy background checks regarding criminal activity and credit and landlord-tenant history. The development is conceived to provide affordable housing opportunities for low and - moderate income families. Tenants may continue to live at EverGreen Heights T ownhom es - after their incomes exceed the initial income guidelines, but it is anticipated ated man tenant- - P y - w households will move up to single-family homes in Shakopee and the surrounding area. GAM-179015.1 v ; . . ..i:-.,:.;i';:-.., • _..*:',.......',,'.1: , ..•. 4:14nliV:.4:' : ? ..• lifil..`"'•• . ' :i• :' ' • * *t'*-s;-*•:Z1 :F -1;`•-'--11::. :-;?' ' •••:;;.ti.-i'-.-. 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I *.:'$..ii:F;•-•• .•i ...K.cie.t.:•:: • • '4-#'1<.:7' ',A.&i,, •'.... •:,•7••!.•n-1,517: • . . f . . .\• Vs#t W UJAM JACOBSON.ARCHRECTS • 23055 ARANO AVENUE SO MINNEAPOLIS.MN 55405 612/871-6386 SAVAGE TOWNHOMES II JANUARY 28, L997 • SITE AREA 5 ACRES PROJECT SIZE DENSITY . . 36 UNITS 7.2UNITS/ACRE • . . '.• _ .- DWELLING-UNITS --- -- ---- •TYP. 2BR UNITS TOTAL UNITS16 • • IST FLOOR - A 532 SF 1ST FLOOR - 13 352 -2ND FLOOR=A..----- =532 - .= - ------ TOTAL AREA GARAGE 1,416 - ___ .1-.264-_____-_ DWELLING AREA 1,152 SF TYP. 3BR UNITS TOTAL UNITS 18 1ST FLOOR _..A _ 532 SF 1ST FLOOR B 352 2ND FLOOR - A 532 2ND: FLOOR:- 13 154 .. TOTAL`:AREA .. x x•-.1 570 GARAGE -264 DWELLING AREA 1,304 SF HCP, 3BR UNITS TOTAL UNITS 2 1ST FLOOR -.A -532 SF - - - 1ST FLOOR - B 616 2ND_FLOOR:- A 532 TOTAL AREA - 1,680 . GARAGE • -264 AREA 1,416 SF • DWELLING EVERGREEN HEIGHTS TOWNHOMES Introduction EverGreen Heights will be a 68-unit rental townhome development (built in two equal phases) located south of Vierling Street, near the intersection of Vierling and County Road 16 in Shakopee, Minnesota. Fifty-six units will be financed by federal tax credits and state- sponsored financing. The other twelve units will be owned by Scott County HRA and operated as public housing. The development is designed to provide housing to three, four and five-person families with incomes between $20,000 and $35,000, for whom there are more limited housing alternatives. There also will be an on-site daycare facility, primarily for residents to promote working opportunities for resident parents. The multi=family use is buffered from adjacent properties by major roadways and a firestation. The proposed site plan and architectural and landscaping features provide single-family identity, visual appeal, community atmosphere and outdoor recreational and leisure opportunities. Physical Development The development will consist of 68 two-story, side-by-side townhomes, which will be built in two phases of 34 units. Each 34-unit phase will have 2 handicap-accessible units and 6 Scott County HRA units. There will be a resident manager/caretaker. Each phase will have 9 buildings containing a mix of 14 two-bedroom unites, 17 three-bedroom units; and 3 four- bedroom units. Each townhome will have an attached, oversized single car garage and a private surface parking area. Sixteen additional general parking areas will be provided. Unit density will be less than 7 per acre. The exterior will be clad in steel siding of contemporary colors. The building front ground level will be brick. The units will have natural gas, forced air heat and central air conditioning. All units will have standard kitchen appliances, plus dishwasher. Washer and dryer hook-ups will be provided in each unit. A seperate dining area will be provided. Each unit will have a half bathroom downstairs and a compartmentalized, full bathroom upstairs. Tenants will pay gas and electric utilities. The owner will provide garbage service and water and sewer. A 75-child-capacity, day care facility/community center will be located in a stand-alone building with access off Vierling. The center will provide child care to residents at below- market rates if the care services facilitate the parents' employment. The facility will make excess capacity available to the public. A community room will also be located in the building and be available for resident use and large group functions. Site amenities will include several age-appropriate play areas, several open picnic areas and one outdoor picnic shelter with all areas (including the day care facility) connected by hard GAM-179015.1 • surface walkways. The ground will be appropriately enhanced by schrubs, deciduous and evergreen trees, perennial and annual flowering plants and landscaping medium. Location The development is located on approximately 10 acres of open land, which rises 30-40 feet on the north, south and east sides from surrounding land. The site is bounded on the south by the Highway 169 bypass, on the west by the new Shakopee firestation, on the east by County Road 16 and proposed industrial uses and on the north by Vierling Street. The location permits immediate access to Highway 169 and the metropolitan freeway system. Tenant Profile Prospective tenant households' incomes must fall below the following limits: Household size Income 2 _ - _ -----$27,4.80---- 3 $30,960 ---- ------- — -- 4 $34,380 5 - 6 $37,140 $39,900 Maximum rents, exclusive of tenant-paid utilities, are as follows: 2 Bedroom Unit $571 3 Bedroom Unit $658 4 Bedroom Unit $726 • Tenants must also satisfy background checks regarding criminal activity and credit and landlord-tenant history. The development is conceived to provide affordable housing opportunities for low and moderate income families. Tenants may continue to live at EverGreen Heights Townhomes after their incomes exceed the initial income guidelines, but it is anticipated many tenant households will move up to single-family homes in Shakopee and the surrounding area. GAM-179015.1 V , . -:' --;',.- , „.• , .,.,....-,,2 „•kr,.-.,-,.:•-;:z••:. ' . .gt., , i •:„j'4,V.q, - 1: ;"-.- : ..I.!. ff:::-.-5-SYf'4.,V: ;I- :). ., ;. ' . 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''' '''' tie‘ '...1.1:at.• , n,.. ' ', ‘Z'',.•.- ...x.,1,,,' 1 ..gag.,:dan• • 4 •• Vile • WLLWN JACOBSON,ARCHITECTS - 2305 ARANO AVENUE SO. MlNNEAPOIIS,MN 55405 SAVAGE TOWNHOMES II 612/871.6386 JANUARY 28, 1997 SITE AREA 5 ACRES PROJECT SIZE 36 UNITS DENSITY 7.2 UNITS/ACRE DWELLING UNITS - -- - TYP. 2BR UNITS TOTAL UNITS 16 • 1ST FLOOR- A 532 SF 1ST FLOOR - B 352 -2ND-FLOOR--=A ------332- ---- - - -- --- TOTAL AREA 1,416 • GARAGE -264_- ---- DWELLING AREA 1,152 SF TYP. 3BR UNITS TOTAL UNITS 18 • 1ST FLOOR A 532 SF 1ST FLOOR - "B 352 2ND FLOOR - A 532 2ND FLOOR.- B 154 ;TOTAL:AREA .::- r'1,570 GARAGE -264 DWELLING AREA 1,304 SF HCP. 3BR UNITS TOTAL UNITS 2 1ST FLOOR --A -532 SF - - - 1ST FLOOR B 616 2ND FLOOR A 532 TOTAL AREA 1,680 GARAGE • -264 DWELLING AREA 1,416 SF ' 1 r-r-1 Ii• I r. 11 1 1 r i j _ iliv 10 ,..L Pp 1 5 , 1 r 1 . ......... i .1 I Je it (Liiiiia. . ii..1--8 _ ,-\ . 1 ...../. . IL- --- . r i ` 1L. ,v t.L...--- _ - y.. / r V I , I -. ITi r = "- _ r , ; 't,-,„.. 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' SV:••..%..-• e:•Ck•. 1,/:feXS;% S. ‘ ,a,?Wk',':';''N.3';','":% 10 . .� x.: :;•tiny a<<t •i. •-:.r;}4%•.1., %\�:` t c''''' 'r .,Yr t r }:• $46::-NN: k ••ri'ti v k% . \xo,:•ttt'',•-: c a rrrfiflSr%s.;tititSC.t`r1f,,' i Oiati%�.�'•'• \ �ti Wt L :s ti J 2 t• .S;•.• • ir:••• 3:• Ari ria t�� \s:•**A ® i 1•} r ft Win•}::ti••ty':ifr�yvr::;fa:`:.:•::-:•• \<.e•-%- • ? i••vrf ws•••••%••:::':<^••:-:-iis-ter%,-.. :'.•''a`•).:....s.•. a - • ,a, { �Y_ 7� i \s;Yfr YIM(YK f �:tiiffr: s: r ss t 40 i f L` {• sv•tr lV _ J .;.'''.:11-:!:':; ...:::::"::,::::::::::3:::•:::::::::::::•1:::::::::S:- f r r. ♦ . t : . • Sz r:r t_. stir s•� ' •_ II, i• i T• i :. • � t. • .: : ,:,,,A • or. a � onhln ,,, ,. ,, , -....•.2 • ,,,,,,-....,,, ,.: :: Lever ($Q%• •ofaincome)�• � �, - 6 *;kit ' ' r0 , } It, ,. 3i, �i aA • y oO Oa • ° 'Y+ � t. ,y,• s ; 0 VVV ° O. • ()). 1-r)1 (0' 6 l -• f Hourly wage level Source: Greater MinnesotaH u - i o sing Fund 12/31/97 WED 11:53 FAX 6128311869 JOHNSON&CONDON I1902 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") is made as of January 6, 1998, between EverGreen Heights, LLC, a Minnesota limited liability corporation (hereinafter "Seller") and City of Shakopee, a Minnesota municipality (hereinafter "Buyer"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the real property located in City of Shakopee, Scott County, Minnesota generally described as approximately 10 acres located south of Vierling Avenue, and east of the new fire house site, together with all easements and rights benefiting or appurtenant to same (hereinafter, the "Property"). Seller and Buyer will execute an amendment to this Agreement specifying the exact property to be transferred within 10 days after Buyer's receipt of a survey of the Property as provided herein. If Seller and Buyer cannot so agree on the description of the property to be transferred hereby, either party may cancel this Agreement by giving written notice to the other of such cancellation and all Earnest Money' (as hereinafter defined) shall thereafter be returned to Buyer. 2. Purchase Price and Manner of Payment. The total purchase price ("Purchase Price") to be paid for the Property shall be $325,000. The Purchase Price shall be payable as follows: 2.1 $2,000 as earnest money ("Earnest Money") paid concurrently with the execution of this Agreement, which Earnest Money shall be held by Seller's attorney; and 2.2 the remainder of the Purchase Price in cash or by wire transfer of funds on the Closing Date. 3. Buyer's Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: 3.1 Title. Title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 8 below. 3.2 Access and Inspection. Seller shall have allowed Buyer, and Buyer's agents, access to the Real Property without charge and at all reasonable times for the _ purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing, shall restore the Property, and shall hold Seller and the Property harmless from all claims, costs and liabilities relating to Buyer's investigation and testing activities. Buyer shall have been satisfied, on or before the Contingency Date.(as hereinafter defined) with the results of all tests and investigations performed by it or on its behalf. Buyer will provide Seller with copies of all soil tests, environmental reports, surveys, engineering reports and other information obtained by Buyer with respect to the Property. Buyer and his agents shall also have access to the property for preclosing excavation as referenced in paragraph 4. 12/31/97 WED 11:53 FAX 6128311869 JOHNSON&CONDON 0 003 3.3 Government Approvals. Buyer shall have obtained at its sole cost and expense on or before the Contingency Date all governmental approvals necessary in Buyer's judgment in order to make the use of the Property for a rental townhome development. Seller shall cooperate in all reasonable respects with Buyer in obtaining such approvals, and shall execute such applications, permits and other documents as may be reasonably required in connection therewith; provided that Seller shall not be required to expend any money in so cooperating. 3.4 Financing. Buyer shall have received on or before the Contingency Date such federal tax credits and/or mortgage financing commitments as Buyer deems necessary and sufficient to implement Buyer's plans for and to complete the purchase of the Property. 3.5 Site Excavation. Buyer shall have accomplished or arranged for sufficient soil removal so as to permit satisfactory access and site lay out of the proposed townhome development. The "Contingency Date" shall be June 30, 1998. If any contingency has not:been satisfied on or before the Contingency Date or the Closing Date, as the case may be, then this Agreement may be terminated by notice from Buyer to Seller, which notice shall be given not more than 5 days after the Contingency Date or Closing Date as the case may be. Upon termination, the Earnest Money, and any interest accrued thereon, shall be returned to Buyer and neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies are specifically for the benefit of the Buyer, and the Buyer shall have the right to waive any contingency by written notice to Seller. 4. Preclosing Excavation. At any time prior to closing, Buyer and Seller (upon Seller's notice to and with approval of Buyer) may permit the removal of fill dirt from the property and associated excavation. Any such removal shall be coordinated by Buyer so as to be consistent with site preparation for the proposed townhome development. In the event closing does not occur, Buyer shall either grade or have made contractual arrangements for the grading of the excavated site to developable condition. �----' 5. Property Documentation. If Seller delivers to Buyer copies of any documentation in Seller's possession pertaining to the Property, Buyer shall keep all such documentation and the information contained therein strictly confidential and shall not disclose the same without the prior written consent of Seller. If this Agreement is terminated in any manner so that the Closing does not occur, Buyer will, immediately upon any such termination, return all copies of the documentation delivered to it by Seller and Buyer shall retain no copies of the same. 6. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on or before October 1, 1998 (the "Closing Date"). The Closing shall take place at such place and time of day as Seller and Buyer mutually agree upon. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. 2 12/31/97 WED 11:54 FAX 6128311869 JOHNSON&CONDON • f 004 6.1 Seller's Closing Documents. On the Closing Date, Seller shall execute and deliver to Buyer the following (collectively, "Seller's Closing Documents"), all in form and content reasonably satisfactory to Buyer: 6.1.1 Deed.A Warranty Deed conveying the Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. 6.1.2 Owner's Duplicate Certificates of Title. The owner's duplicate certificates of title for the Property, if the Property is registered land. 6.1.3 Well Certificate. A Certificate sufficient to certify abandonment of any existing wells consistent with applicable laws and rules. 6.1.4 Other Documents. All other documents reasonably determined by Buyer or Title Company to be necessary to transfer the Property to Buyer free and clear of all encumbrances. 6.2 Buyer's Closing Documents. On the Closing Date, Buyer will execute and deliver to Seller the following (collectively, "Buyer's Closing Documents"): 6.2.1 Purchase Price. Funds representing the Purchase Price, by wire transfer and execution or delivery of any required Seller's financing documents. 7. Prorations. Seller and Buyer agree to the following pro-rations and allocation of costs regarding this Agreement: 7.1 Title Insurance and Closing Fee. Seller will pay all costs of the Title Commitment. Buyer will pay all additional premiums required for the issuance of any owner's or mortgagee's title insurance policy. Seller and Buyer will each pay one-half of any closing fee or charge imposed by any closing agent or by the title company. 7.2 Deed Tax. Seller shall pay all State Deed Tax payable in connection with this transaction. Buyer shall pay all Mortgage Registry Tax payable in connection with Buyer's financing. 7.3 Real Estate Taxes and Special Assessments. Real Estate Taxes payable in the year in which Closing occurs shall be prorated. Special Assessments levied or pending prior to closing shall be paid by Seller. 7.4 Attorney's Fees. Each of the parties will pay its own attorney's fees, except that a party defaulting under this Agreement or any Closing Document will pay the reasonable attorney's fees and court costs incurred by the nondefaulting party to enforce its rights hereunder. 3 12/31/97 WED 11:54 FAX 6128311869 JOHNSON&CONDON 01005 8. Title Examination. Title Examination will be conducted as follows: 8.1 Seller's Title Evidence. Seller shall, within 20 days after the date of this Agreement, furnish to Buyer a commitment ("Title Commitment") for an ALTA Form B 1990 Owner's Policy of Title Insurance insuring title to the Property, deleting standard exceptions, in the amount of the Purr:base Price. 8.2 Buyer's Objections. Within 45 business days after receiving the Title Commitment, Buyer will make written objections ("Objections") to the form and/or contents thereof. Buyer's failure to make Objections within such time period shall not constitute waiver of the Objections. Those matters referred to on Exhibit A attached hereto and any matter shown on the Title Commitment and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have 60 days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed, if necessary. Seller shall use all reasonable efforts to correct any Objections. If the Objections are not cured within such 60-day period, Buyer will have the option to do any of the following: 8.2.1 Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money, if any; or 8.2.2 Waive the Objections and-proceed to close. If Buyer waives any Objections, they will be deemed Permitted Encumbrances hereunder. 9. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 9.1 Wells. The Seller hereby discloses to Buyer that there is no "water well" on the described Property within the meaning of Minn. Stat. § 156A.02. 9.2 Individual Sewage Treatment Systems. Solely for purposes of satisfying the requirements of Minn. Stat. §115.55, Subd. 6, Seller hereby discloses to Buyer that there is no individual sewage treatment system in use on the property. Except as herein expressly stated, Buyer is purchasing the Property based upon its own investigation and inquiry and is not relying on any documentation from or representation of Seller or other person and is agreeing to accept and purchase the Property "as is, where is" subject to the conditions of examination herein set forth and the express warranties herein contained. 10. Casualty; Condemnation. If all or any part of the Property is substantially damaged by fire, casualty, the elements or any other cause, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within 30 days after Seller's notice. If Buyer shall fail to 4 12/31/97 WED 11:55 FAX 6128311869 JOHNSON&CONDON to af,)s give the notice, then the parties shall proceed to Closing, and Seller shall assign to Buyer all rights to insurance proceeds resulting from such event. If eminent domain proceedings are threatened or commenced against all or any part of the Property or other governmental sale or conveyance of any nature of any portion of or interest in the property shall occur, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within 30 days after Seller's notice. If Buyer shall fail to give the notice, then the parties shall proceed to Closing, and Seller shall assign to Buyer all rights to appear in and receive any.award or benefit from such proceedings. 11. Broker's Commission. Neither Seller nor Buyer have retained the services of a Broker and each shall hold the other harmless from all fees or commissions that may be asserted by Broker in connection with this sale. 12. Assignment. Either party may assign its rights under this Agreement without the prior written consent of the other party, before or after the Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement. 13. Survival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. 14. Notices. Any notice required or permitted hereunder shall be given by personal delivery upon an authorized representative of a party hereto; or if mailed by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: City of Shakopee Shakopee, MN (612) _- If to Buyer: EverGreen Heights LLC Attention: Greg McClenahan 5212 Hope Street Prior Lake, MN 55372 Phone 612/806-0406 Fax # 612/831-1869 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving notice of such change 10 days prior to the effective date of such change. 15. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be 5 12t31/97 WED 11:55 FAX 6128311869 JOHNSON&CONDON l¢J007 considered in interpreting this Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in a writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 16. Remedies. If Buyer defaults under this Agreement, for reasons other than those contingencies referenced herein. Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within 15 days of the date of such notice, this Agreement will terminate, and upon such termination Seller will retain the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. If Seller defaults under this Agreement, this provision does not preclude Buyer from seeking and recovering from Seller specific performance of this Agreement. If Buyer successfully pursues specific performance, Buyer shall have the right to receive damages, including attorney fees from Seller for Seller's defaults hereunder. 17. Counterparts. This Agreement may be executed in counterparts, each when taken together shall constitute one original document. Receipt of facsimile signatures of this document shall be deemed full acceptance and execution hereof and each such facsimile signature shall be followed by an original signature page, delivered to the other party within 24 hours of the facsimile transmission. Seller and Buyer have executed this Agreement as of the date first written above. SELLER: City of Shakopee BUYER: EVERGREEN HEIGHTS, LLC EVERGREEN REAL ESTATE DEVELOPMENT CORP., Manager By: Its: 6 12/31/97 WED 11:56 FAX 6128311869 JOHNSON&CONDON 4 008 GAM-170908.1 7 1Lcul/.7/ HEW 11.0U VAA V1LVV11VV.7 V V1111JVIVIAVV1‘✓V1‘ ,*JVVV EXHIBIT A Permitted Encumbrances 1. Building and zoning laws, ordinances, state and federal regulations. 2. Reservation of any mineral rights by the State of Minnesota. 3. Utility and drainage easements which do not interfere with proposed improvements. GAM-170829.1 CITY OF SHAKOPEE Memorandum �• = . TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Accountant Job Description Status DATE: January 15, 1998 INTRODUCTION: The Council will be asked at its January 20th meeting to approve a job description and pay grade for a Finance Department position. BACKGROUND: The Council accepted the resignation of Vernice Takumi, Accountant in the Finance Department, at its January 6th meeting. It directed that staff begin the process to replace that position. In the ]998 budget, the Accountant position, and several others were directed by the Council to be studied for possible upgrading or revision. Staff has contacted Labor Relations Associates, the City's personnel consultant, for input on the best way to do this. The recommendation from LRA was that the incumbent in the position review the job description, and revise it with any changes that he or she sees the position as doing differently from the written description. In the case of the Accountant,the revision will be reviewed and amended as necessary by the Finance Director. If necessary, LRA will then review the position, and make a recommendation as to a job title, consistent with the Stanton Survey. As of this writing, the job description had not yet been revised. That will likely be available at the January 20th meeting. ACTION REQUIRED: So that an advertisement for a replacement of the position may take place as soon as possible, the Council will be asked to review and approve the recommended job description, and pay grade, so that advertisement through the Scott County Personnel Department may take place. Mark McNeill City Administrator MM:tw CONSENT CITY OF SHAKOPEE /5 " 7� Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Life Insurance DATE: January 5, 1998 Introduction Following joining the Southwest West Central Service Cooperative (SWWC) for employee group Health insurance and Long Term Disability, staff looked at the coverages available through SWWC for Life and Accidental Death and Dismemberment (one policy) . Background Quotes were obtained from SWWC for coverages for Life insurance . The rates quoted are about 30% lower than the current policy for the basic life coverage and the same for the other coverages under the policy. The benefits are slightly better than the current policy. Current rates are $ . 25 for basic Life as opposed to the new proposal at $ . 17 . Recommendation Obtain Life insurance through SWWC. Changing to the new carrier would be accomplished as soon as practical . Action Move to accept the quotations from The Southwest West Central Service Cooperative for employee group Life insurance coverage for 1998 . Gregg oxland Finance Director is\finance\docs\insure\97LTD • Si-p0-01 E ptjcei.es 106 Io oh A2. DRAFT January 15, 1998 Mr. Steve Colvin,DNR Project Mgr. Ecological Services Section Mn Department of Natural Resources 6500 Lafayette Road-Box 25 St. Paul,MN 55155 Dear Mr. Colvin: I am writing in response to the request for comments on the proposed extension of Scott County Road 27, between T.H. 13,and Scott County Road 16,in Savage. I served as City Administrator for Savage from 1983 to 1994. One of the first issues that I faced upon assuming the Administrator duties in Savage was the issue of the extension of County Road 27 through the Savage Fen. Shortly before my arrival,the Fen had been"rediscovered"as a wetland at that location, after having been forgotten for several decades. In 1983,only about 40 acres had been identified as a calcareous fen. Through the mid 1980's, however,it grew in size as other adjacent areas were designated, and deemed necessary to"buffer"the fen wetland complex. Over the past 14 years, there has been a great deal of effort and resources expended by the City of Savage, Scott County,private property owners,the State, and private parties to study the Fen. The focus of this letter will be on the area of the proposed alignment of County Road 27 extended. This passes through an area which had been mined in the early 1980's, and utilized as the location for a"haul road"before the Fen was designated. That area was seriously impacted at that time. The plans being presented by Scott County for the road extension would improve the environmental quality of that location: In those 14 years, I have not seen any proof that extending County Road 27 through this portion of the Fen wetland complex would further degrade the Fen, given the safeguards being designed into the roadway. For the years I was in Savage,the inability to provide a continuous north-south route posed significant public safety issues. For years,the only fire station in Savage was located on Quentin Avenue South in the original downtown area. Access to the large developing portion of the community south of the railroad tracks which pass just south of the downtown area was impeded by railroad overpasses. Fire trucks had to be designed to a maximum height so that they could pass under those bridges. Some trucks simply could not do that, and had to take a time consuming route west and south on Highway 13 to reach the growing area of Savage. In addition, large areas of eastern Scott County are without a continuous north-south route, due to this one mile break in County Road 27 between County Road 16 and T.H. 13. From a public safety standpoint, it wishes absolutely no sense to continue to have this gap. In my new position in Shakopee,the Savage Fen continues to be an issue. Shakopee, as well as Savage and other Scott and Dakota County communities, is actively participating in the Southwest Metro Groundwater Study Group,which is studying issues relating to these cities' ability to provide groundwater for drinking. In my view,there is no need to tie the County Road 27 extension to the other environmental issues -water quality and quantity- that are currently being studied by the Southwest group. Generally,the ability of Shakopee and its neighbors to continue to have reasonable access to groundwater drinking water sources in the general vicinity of the Fen must take precedent over transportation issues. In summary, I don't believe a denial of the construction permit can be justified from an ecological or public safety standpoint. I would urge the DNR to give favorable consideration to approving the County Road 27 extension in Savage. Sincerely, Mark McNeill City Administrator MM:tw CC: Bruce Loney, Public Works Director Stephen King, Savage City Administrator Brad Larson, Scott County Highway Engineer