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07/01/1997
TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA JULY 1, 1997 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7:00 PM 2] Recess for an Economic Development Authority Meeting 3] Re-convene 4] Approval of Agenda 5] Approval of Consent Business- (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be a 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.) 6] Liaison Reports from Councilmembers -- 7] Mayor's Report A] Pioneer Day Proclamation 8] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *9] Approval of Minutes: June 3, 1997, Regular Session, June 10, 1997, Adj.Reg. Session, and June 10, 1997, Work Session *10] Approve Bills in the Amount of$314,421.35 11] Communications A] Scott Rein regarding ice rental fees 12] Public Hearings 13] Recommendations from Boards and Commissions *A] Final Plat for Prairie Village 2nd located east of St. Francis Medical Center- Res. 4693 B] Rezoning of property located south of Highway 169, west of CR-18 and east of Dean Lake from I-1 Light Industrial to R I-B Urban Residential - Ord. No. 489 C] Text Amendment Regarding the Review Process for Conditional Use Permits TENTATIVE AGENDA July 1, 1997 Page -2- 14] General Business A] Park and Recreation I] Park Dedication Fee Study Proposals 2] Community Center Masonry Contractor - Release of Final Payment B] Community Development *1] Resignation of Building Inspector Steven Thorp C] Engineering 1] Fuller Street Agreement *2] 4th Avenue and Canterbury Pointe Storm Sewer Agreement 3] Award Bid for Maras Street Improvement Project No. 1996-4 - Res. No. 4678 *4] Authorize Purchase of Make-up Air Unit and Heater for Wash Bay *5] Parking Restrictions Along Vierling Drive - Taylor St. to Presidential Ln. - Res. 4694 6] Petition for East Dean Lake Public Improvements - Res. No. 4696 D] Police and Fire *1] Fire Fighter Hiring Authorization 2] Authorize Advertising for Budgeted Pumping Engines 3] Fire Station Roof Repair E] General Administration *1] Club Intoxicating Liquor Licenses - Fraternal Order of Eagles *2] 1997 Derby Days *3] Murphy's Landing Trail Easement 4] Refuse Collection Contract Renewal *5] Library Air Conditioning Unit 6] City Hall Asbestos Removal Quotes *7] Apportionment of Special Assessments for Hauer's 5th Addition - Res. No. 4698 *8] Nominations to Fill Vacancy on Planning Commission *9] Shakopee Rotary Club Premises Permits *10] Accepting Public Improvements for The Meadows West 3rd Addition - Res. No. 4695 *11] City Administrator's Employment Anniversary 15] Other Business 16] Recess for an executive session to discuss labor negotiations 17] Re-convene 18] Adjourn July 1, 1997 To: Mark McNeill, City Administrator 129 S. Holmes St., Shakopee,Mn 55379 From: Don McNeil, Chairperson Cable Access Corp. ' Chairperson Cable Access Advisory ommission Re: City Attorney's response to the Shakopee Public Access Studio Service Contract Agreement and"proper" consideration for the city of Shakopee. Dear Mark, Jim Thompson, City Attorney, (letter of 6/3/97), responded to some of my inquires that I had made on behalf of the Cable Access Commission/Corporation. Let me make reference to the one issue that is most alarming,the aspect of the contract with the Vendor and the City of Shakopee. It appears that it still not getting the proper attention in respect to the relationship with the current and previous private contractor's, operating a business within a government(city) facility. There appears to be no real consideration back to the city or the tax payers for that relationship thus it is a improper agreement and has been from the start. My comment is this, where is the"consideration" for the board to consider in looking at amending this contract. I see nothing that makes reference to that. What I do see is the contractor asking for more money thus would be nullifying the existing contract and thus allowing the board to solicit a new contractor or to look at other options. I would appreciate this being addressed ASAP, as the Cable Access Board has this on it's July 2, 1997 agenda. The work that Jim appears to have done per the amendment looks as if its for the benefit of PFR production/Paul Ryan and thus would be at his expense unless the board can be convinced otherwise. P.S. I'm still interested in correspondence of my request for a overview of the authority, responsibility and the relationship to include that of the commission to the corporation and commission and the corporation as to the franchise, the franchise population and the Shakopee City Council. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Regular Meeting Tuesday,July 1, 1997 1. Roll Call at 7:00 p.m. 2. Approval of the agenda 3. Approval of June 3, 1997 minutes • 4. Financial A.)Approval of Bills 1.Additional payment to TKDA for Blocks 3&4 project 2.Relocation payment to Suburban Automotive 5. Other Business: 6. Adjourn • edagenda,doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MN REGULAR SESSION June 3, 1997 Members Present: DuBois, Zorn, Henderson, Link and President Sweeney Members Absent: None Staff Present: Mark McNeill, Executive Director; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; Mark Huge, Fire Chief; and Jim Thomson, City Attorney 1. Roll Call: President Sweeney called the meeting to order at 7:03 P.M. Roll was taken as noted above. • 2. Approval of Agenda: Zorn/Link moved to approve the agenda as submitted. Motion carried unanimously. 3. Approval of May 6, 1997 Minutes: DuBois/Zorn moved to approve the May 6, 1997 Minutes. Motion carried unanimously. 4. Financial: A. Approval of Bills Henderson/DuBois moved to approve bills in the amount of$13,308.30 for the EDA General Fund and $152,472.05 for the Blocks 3 & 4 Fund. Motion carried unanimously. Paul Snook explained that because of the addition of a parcel that was omitted, the 5/6 portion of first half 1997 property taxes have been revised, and added that these are being handled as reimbursements rather than payments to Scott County. DuBois/Link moved to reimburse Mr. Lee Frankman for the City's 5/6 portion of first half 1997 property taxes and 100% of penalties on both parcels, totaling $2,179.15, contingent upon the City receiving a receipt as proof of payment of first half property taxes and related penalty. Motion carried unanimously. Official Proceedings of the June 3, 1997 Shakopee Economic Development Authority Henderson/Link moved to reimburse Mr. Hill the City's 5/6 portion of first half 1997 property taxes, less the unpaid special assessment and related penalty, totaling $293.11. Motion carried unanimously. 5. New Business: A. Blocks 3 & 4 Project 1. Change Order for deletion of fencing Paul Snook explained that the change order to delete fencing will give the EDA a credit of $5,000.00, since the fencing was not done. Henderson/Zorn moved to approve the change order for the deletion of fencing the Blocks 3 & 4 site. Motion carried unanimously. 6. Other: None. 7. Adjourn: Zorn/Link moved to adjourn to June 17, 1997 at 7:00 P.M. Motion carried unanimously. The meeting was adjourned at 7:13 P.M. . -C- Edith S. Cox City Clerk Esther Ten Eyck Recording Secretary 4,1 CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: June 26, 1997 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 project for the period 06/13/97 to 06/26/97. Action Requested Move to approve bills in the amount of $1,238.98 for the EDA General Fund and $8,120.64 for the Blocks 3&4 Fund. 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HH .-4H .--IH H El * '7' Tr Tr El H * * '], A. 1, CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook,Economic Development Coordinator SUBJECT: Additional payment to TKDA DATE: June 25, 1997 Introduction and Background: TKDA, the contractor for the Blocks 3 & 4 demolition project, has notified the city that, due to additional work, its fees for this project will exceed the current approved contract maximum of$25,000. The additional work includes multiple trips required to access the properties for the asbestos surveys,preparation of two asbestos reports, and processing of the change order. An invoice for this work is attached for your review. TKDA is requesting that the maximum fee be increased by$3,000 to $28,000. At its June 17th meeting, the EDA tabled this matter, requesting staff to determine why there is to be an additional $3,000 payment when the EDA approved a $10,700 asbestos abatement change order at its May 20 meeting Staff researched this issue and found that the $3,000 is to be an additional payment for TKDA's services related to the additional asbestos survey, whereas the $10,700 change order approved at the May 20 EDA meeting was for Dulas Excavating's and Legend Technical's work. Budget Impact: An additional $3,000 from the Blocks 3 &4 fund Action Requested: Offer and pass a motion to increase TKDA's maximum fee by$3,000 to $28,000. 411/ Paul Snook Economic Development Coordinator tkdamo3.doc TKDATOLTZ,KING, DUVALL,ANDERSON AND ASSOCIATES,INCORPORATED ENGINEERS•ARCHITECTS• PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL,MINNESOTA 55101-2140 PHONE:612/292-4400 FAX:612/292-0083 June 5, 1997 Mr. Paul Snook City of Shakopee • 129 Holmes Street South Shakopee, Minnesota 55379 Re: Demolition of Blocks 3 and 4 Commission No. 11244 Dear Mr. Snook: As we near the end of this Project, we are noting that our fees for the design work on this Project will exceed our current contract maximum of$25,000.- We have reviewed our records and determined that the reason for exceeding our original contract amount is primarily associated with the multiple trips required to access the properties for the asbestos surveys,preparation of two asbestos reports and the need to process the change order to incorporate the surveys that were not part of the original bid package. For this additional effort, we are requesting that our maximum fee be increased by $3,000 to$28,000. We appreciate your consideration of this request. If you should have any questions, please feel free to contact us. incerely, c :iTa. Prew, P.E. an William E. Deitner, P.E. Project Manager DTP:WED:mrk An Equal Opportunity Employer _.`LEGEND TECHNICAL SERVICES, INC. / ' 775 VANDALIA STREET `" / • A ST. PAUL, MN 55114 ' ' PH. 612-642-1150 INVOICE ';'• `' _i INVOICE NUMBER: 14056 INVOICE DATE: 0 4/3 0/9 7 ❑PREW C.!HARTLEY PAGE: 1 ❑ B::__ r c.-.:KiRKWot ❑SOBIECH ❑LEY 0 BUDKE ❑ ERY MONTGOM SOLD TKDA SHIP 0 .f .7_:M,•u��AN TO: Attn: Bill Deitner TO: G EhGLEHURN Cj PURVES 1500 Piper Jaffray Plaza ❑HALL 1-. --)444 Cedar Street Suite 1500 FILE: ❑t1UAlANRES. ❑ MAIN ❑BUS.DEV. St . Paul MN 55101-2140 CONTRACT ❑ACCTG a i 'o} '!c. .-ri r a ( ice; a-r' .aui r x -: t .�, . ,- � x , c- ,„,,', '' �"i "a ...:-'" 't' .� - CUST F;! !-.x:: °``t� ..� �' - e SH(Pa•VIA t ''�, `- PO NUMBER. lP TE ��g� .-:-. ,-..e-.::,,'5,-,.;, '� r �� x � mss- a "� `0.5:k3,0197 �' 1 k PO 6 ,,'32 2` ' �r � Dl7E DATE # bK ORDER� . a t r gx rNET 5 3 4 �� :TERMS; SALESPE SO i £KGlOg ITEM I.D./DESC. ORDERED SHIPPED UNIT PRICE NET TX Sale - Professional Services City of Shakopee Asbestos Services (Final Billing) Project Designer 10 . 0 Hours 65 . 00 650 . 00 Asbestos Inspector 25 . 5 1�ot,.r's 45 . 00 1147 . 50 Word Processor 4 . 5 Hours 40 . 00 180 . 00 Bulk Sampling 96 . 0 Samples 15 . 00 1440 . 00 Mileage 240 . 0 Miles 0 .38 91 . 20 9u.--( ‘,/,..A.-,-%\ kA2A ....._---A \_(,, _. q‘. - 11 i 1 - IUN I S pm AUIE I VOUCHER /t)C,c 0 SUBTOTAL: VOUCHER NO ll © TAX 3508 .70 PAYMENTS: O ' O O THANK YOU! / TOTAL: WE APPRECIATE YOUR BUSINESS . r�C '_� 3508 . 70 ��E�� Q����Q 'l4 GEL.OXESUSINESSFORMS 1«800 3P13 0:304 Co2sss_ X4, 02, CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook,Economic Development Coordinator SUBJECT: Business Relocation Claim for Suburban Automotive DATE: June 25, 1997 Introduction: Attached for the EDA's review is the business relocation claim in the amount of $4,112.00 for the business referred to above. Action Requested: Offer and pass a motion approving the attached relocation claim of Suburban Automotive in the amount of$4112.00. diolk 4'0 Paul Snook Economic Development Coordinator sweetann.doc 7 SUMMARY OF RELOCATION CLAIM I Displaced Business Name: Suburban Automotive Business Representative: David Anton Project Site Address: 115 Lewis Street, Shakopee, MN Replacement Site Address: 1908 Granite Drive, Shakopee, MN Date of Relocation Eligibility: September 26, 1995 Type of Payment Claimed Herein: Actual Moving and Related Costs and Site Searching Summary of Costs Recommended for Payment: Actual Moving $3,112.00 Replacement Site Search Costs $1,000.00 Reestablishment Costs May be filed later Total Recommended Payment: $4,112.00 Less Amount of Previous Payments: -0- Balance Due: $4,112.00 I Recommendation: Make payment in the amount of $4,112.00 to: David Anton I I I I I CON WORTI-1, INC. CO NWORTH, INC. 4725 Excelsior Blvd. Suite 200 Minneapolis, MN 55416 (612) 929-0044 FAX (612) 929-0568 December 5, 1996 Mr. Mark McNeill City of Shakopee 129 S. Holmes Street 111 Shakopee, MN 55379 Subject: Actual Eligible Moving and Related Expenses Relocation Claim for Suburban Automotive 115 Lewis Street, Shakopee, MN Blocks 3 and 4 Project 101 Dear Mr. McNeill: Enclosed please find two executed copies of the relocation claim rn for the above-referenced business. We have met with the business representatives, have reviewed the cost documentation submitted, and have made our recommendations for payment in accordance with applicable relocation regulations. Upon the EDA of Shakopee's approval of these relocation claims, please make payment, which is the balance due amount, as follows: PDavid Anton $4,112.00 IPlease mail the check to: David Anton 1908 Granite Drive Shakopee, MN 55379 If you should have any questions, please do not hesitate to call . 10 Sincerely, /1/4 111 Ken Helvey Operations birector/Relocation Consultant sl Enclosure P P 111 _ Redevelopment Acquisition/Relocation 7. a A PROCLAMATION DECLARING JULY 24, 1997 AS "PIONEER DAY"IN THE CITY OF SHAKOPEE,MINNESOTA WHEREAS, in 1847 Brigham Young led the first of several parties on a journey from Nauvoo, Illinois, to the Valley of the Great Salt Lake, Utah, to establish what would become the home of the Church of Jesus Christ of Latter-day Saints; and WHEREAS, over the next several years, thousands of Mormon faithful undertook this difficult and perilous journey,most of them hauling their possessions in hand-drawn carts; and WHEREAS, 1997 marks the sesquicentennial of that initial journey of faith; and WHEREAS, from the few thousand, the membership of the Church of Jesus Christ of Latter-day Saints has grown to nearly 10 million worldwide, and to 19,600 members in Minnesota; and WHEREAS, on July 24, 1997, Murphy's Landing in Shakopee will be the site where more than 3,000 members of the Church of Jesus Christ of Latter-day Saints, "The Mormans", gather to celebrate the 150th anniversary of the pioneer trek across the plains and their entry into the Great Salt Lake Valley; and WHEREAS, the City of Shakopee and Murphy's Landing are pleased to host this gathering of members of the Church of Jesus Christ of Latter-day Saints as they observe the anniversary of an significant milestone of their Church; NOW,THEREFORE,I,JEFFREY M. HENDERSON,MAYOR OF THE CITY OF SHAKOPEE, MINNESOTA, DO HEREBY DECLARE THURSDAY, JULY 24, 1997 AS "PIONEER DAY" IN THE CITY OF SHAKOPEE, MINNESOTA, and urge all Shakopee residents to make welcome the members of the Church of Jesus Christ of Latter-day Saints as they visit our community, and further to extend to them our best wishes for a successful celebration of this important event in their Church's life. Dated this 17th day of June, 1997. Jeffrey M. Henderson,Mayor City of Shakopee, Minnesota OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 3, 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; and Judith S. Cox, City Clerk. A recess was taken at 7:03 P.M. for the Economic Development Authority meeting. The meeting re-convened at 7:13 P.M. The following items were added to the agenda: I4a6) Acceptance of up to $35,000 from SPUC for Downtown Electric Project, 14a7) Authorize Condemnation Proceedings for SPUC for Water Storage Tank, 14e6) Application for renewal of Charitable Gambling License, and 14e7) Potential Sale of Electric Service (SPUC). The following item was deleted from the agenda: 14a3) Award Contract for Maras Street Improvements. DuBois/Sweeney moved to approve the Agenda as amended. Motion carried unanimously. The following item was added to the Consent Agenda: 14e6) Application for Renewal of Charitable Gambling License. Sweeney/DuBois moved to approve the Consent Agenda as amended. Motion carried unanimously. Liaison Reports were given by Councilmembers. Mayor Henderson gave the Mayor's report. Mayor Henderson asked if there were any interested citizens present who wished to address the Council on any item not on the agenda. Jennifer Martinson, 640 Gorman Street, Hunter's Ridge, approached the podium and spoke about an on-going cockroach infestation in her apartment building. She explained that she has had a difficult time getting the landlord to spray and how difficult it is to get rid of them. Her complaint was that she could not get the problem taken care of and could not get out of her lease. She asked what other options she had. Mr. Leek explained that there is not currently a City Code or Housing Code that could be used to enforce issues related to this as this is a health problem. A discussion ensued regarding the possibility of the development of a Housing Code. Mr. Thomson said that a problem such as this would likely be handled through a Housing Code or Ordinance if the City had one. Official Proceedings of the June 3, 1997 Shakopee City Council Page -2- Ms. Martinson was directed to contact the County Health Department. Mark McNeill will also be contacting the County Health Department to express the City's interest in resolving this issue DuBois/Link moved to direct staff to research other City Housing Code models to discuss at a future workshop. Motion carried unanimously. Gary Turner approached the podium and discussed the 4-way stop at 4th and Holmes Street. He said this is a dangerous corner due to the level of visibility and traffic at speeds higher than 30 mph. He asked that the Council consider reinstating the 4-way stop sign. Mayor Henderson explained that staff is currently working on a stop sign review. Don McNeil, 1101 Naumkeag, approached the podium to address sanctions imposed upon him by the operator of the Public Access studio. He was directed to take his complaint to the Cable Access Corporation Board to allow them to act on this before the City Council becomes involved. Attorney Bill Platto, Chaska, approached the podium on behalf of the Pastor of the Assemblies of God Church of the Higher Ground. The property consists of approximately three acres (and is located west of Marschall on 10th Avenue). The church is currently closed and is for sale. He said a developer had requested a variance to create a separate lot for the house in the northeast corner, but was denied. This is zoned R-3 Multi-Family Residential and a one acre minimum lot size applies. Mr. Platto stated that apparently the zoning classification was changed from R1 Single Family Residential to R3 in 1994. At that time the Pastor's house was not a separate legally described lot and did not have a legal description as it was a part of the church property as a whole. Mr. Platto explained that there are properties on lots about 10,000 square feet north of Shakopee Avenue. (These are the same size as the requested variance and are also in an R3 zone which became legal non-conforming uses when the zoning changed.) He added that the Ordinance says that one of the permitted uses is "an existing single family home" and this applies to the Pastor's home. Mr. Platto said that the City obviously needed multi-family housing when this area was rezoned. He said the City would be accomplishing that goal by having more land. He added that if a developer has to deduct one acre for the existing home, the economics for developing the rest of the property for multi-family are not there. Mr. Platto suggested amending the text of the Ordinance to accommodate this property. He also suggested that the City initiate this on their own because they might have, had they perceived this problem when the Ordinance was amended. He added that his client is willing to make the application, if necessary, and asked for direction as to whether or not the City is interested in pursuing this. Official Proceedings of the June 3, 1997 Shakopee City Council Page -3- A discussion ensued relating to grandfathering the creation of the lot in question into the R3 zone. There was a consensus to direct Mr: Platto's client to submit the text amendment application and to appear before the Planning Commission. Mr. Leek was directed to research the number of properties affected as well as discuss with the City Attorney what language would be appropriate, and to work with Mr. Platto to do what is necessary to get this issue before the Planning Commission for their comment. Sweeney/DuBois moved to approve the Minutes of May 6, 1997, and May 14, 1997. (Motion carried under the Consent Agenda). Sweeney/DuBois moved to approve the bills in the amount of $288,581.07. (Motion carried unanimously under the Consent Agenda). Sweeney/DuBois moved to approve the request by the American Cancer Society to access Memorial Park after normal hours for the "Walk in the Park" event (July 19 and 20, 1997). (Motion carried under the Consent Agenda). The Public Hearing on the proposed 1997 Street Overlay Public Improvement was opened by Mayor Henderson. Bruce Loney said this project involves five areas. He identified the areas and explained the scope of the work proposed: Rural bituminous streets, niral Industrial Park streets, streets east of Marschall Road, streets west of Marschall Road, and presidential streets south of 12th Avenue. He said because of the unknown street situation of the County Courthouse, a street overlay is recommended rather than a reconstruction. Informational meetings were held with residents of the area. Concerns were raised regarding scheduling, parking on the streets and assessments. Mr. Loney said that street overlay projects will be assessed 25% of the cost. He explained the estimated cost by front foot or per lot basis for the areas. The total cost of this project is estimated at $337,950. The City is paying 75% with the tax levy of$253,000 and assessments of$84,000. A discussion ensued regarding the extension of the life of a street with an overlay as opposed to a total reconstruction. Most of the streets involving substandard utilities have been addressed and those are the reconstruction projects. Gary Morke, 1042 Merrifield, approached the podium and asked about the rational for the difference in industrial and residential assessments. Mr. Loney explained that there are few, if any, man holes in the industrial areas and does not involve milling of the pavement. Official Proceedings of the June 3, 1997 Shakopee City Council Page -4- Harry Weinandt, Weinandt Acres, approached the podium and stated that the road (in Weinandt Acres) which was built in 1980 is in poor condition. He said there are many accidents and trucks over five tons on the road. He asked if there were any plans to upgrade the road to seven or nine tons, and if so, who would pay for this? Mr. Loney said that the area of 29th and CR 17 into Weinandt Acres is not a candidate for overlay but is a candidate for reconstruction and could be addressed at the Capital Improvements Program meeting on June 10. Jim Schmidt, 1076 Prairie Street, approached the podium and asked if the storm sewer in this area is included in a storm sewer project. He said he was concerned that full value of his assessment would not be realized if a storm sewer project were done within ten years. Mr. Loney said this will be looked at but a need was not noted in the feasibility report. Having no further comments or discussion the public hearing was closed. Zorn/Sweeney offered Resolution No. 4675, A Resolution Ordering the Improvement and Plans and Specifications for the 1997 Street Overlay, Project No. 1997-2, and moved its adoption. Motion carried unanimously. A recess was taken at 8:48 P.M. The meeting re-convened at 9:06 P.M. Mayor Henderson acknowledged Commissioner Art Bannerman's presence. The following items were taken out of the regular order on the agenda: 14e2) On Sale Liquor License Water Hook-Ups, 14b2) Mini Police Academy, 14b3) Police Pistol Range/Environmental Clean Up, and 14e3) Incorporation Petition for Spring Lake Township. Mr. McNeill explained that staff has recently become aware of two holders of on-sale liquor licenses which do not comply with the City water requirement in the City Code. The K.C.'s have requested an exemption until such time as water becomes available on Fourth Avenue. These improvements are proposed to take place in 1998. While Dangerfield's is not hooked up to municipal water, they do have municipal sewer services. Dangerfield's feels their situation is unique as their water supply is taken from a naturally-occurring artesian well and is tested on a regular basis by the Health Department. Sweeney/Zorn moved to grant an extension to the Knights of Columbus Hall to delay connecting to municipal water until July 1, 1999, or 120 days following the availability of municipal water from Fourth Avenue, whichever is sooner. Motion carried unanimously. Zorn/DuBois offered Ordinance No. 486, An Ordinance of the City of Shakopee, Minnesota, Pertaining to the Requirements of Obtaining an On-Sale Liquor License and Amending Section 5.02, Subd. 9 of the City Code, and moved its adoption. Official Proceedings of the June 3, 1997 Shakopee City Council Page -5- A discussion ensued regarding a change in language relating to a potable water supply versus use of a naturally occurring artesian well. -Such a change would also address the on sale beer license for Stonebrooke. Sweeney/Link moved to table Ordinance No. 486 (to allow Mr. Thomson to draft an appropriate amendment to the ordinance). Motion carried unanimously. Mr. McNeill reported that the City Council is invited to attend the first Mini Police Academy on Tuesday, June 24, 1997, from 4:30 P.M. to 7:30 P.M. A series of ten to fifteen minute presentations on thirteen subjects will be held. Chief Steininger explained that this is geared for City officials and includes budget, scheduling, and deployment. There was a consensus on the date and time. Mr. McNeill reported that Valley Green has notified the Police Department that they will be terminating the City's lease for the police pistol range effective June 15, 1997. The City is required to stop using the property and to restore it to the condition it was in when the lease began. Staff has determined that it is necessary to seek the assistance of an environmental consultant to determine the extent and magnitude of the of hazardous material present at the police pistol range and to assist the City with the clean-up process. Staff recommends the proposal of American Engineering Testing to do assessment services at the shooting range at a cost of$7,050. Sweeney/Link moved to direct staff to enter into a contract with American Engineering Testing to perform assessment services at the shooting range ($7,050). Motion carried with Cncl. Zorn opposed. Barbara Lerschen, 2771 Southshore Drive, Spring Lake Township, approached the podium and thanked staff for getting out the report so quickly (relating to her request for comments by the City Council relating to the incorporation efforts by residents of Spring Lake Township). City staff has recommended not taking a position relative to the issue of annexation or incorporation of Spring Lake Township. Zorn/DuBois moved to take no position relative to the issue of annexation or incorporation of Spring Lake Township. Motion carried unanimously. The regular order of the agenda was resumed beginning with item 13a) Preliminary Plat of South Parkview 3rd Addition. Official Proceedings of the June 3, 1997 Shakopee City Council Page -6- Mr. Leek reported that Cletus Link has requested approval of the preliminary plat of South Parkview 3rd Addition which involves the construction of several twin-homes or duplexes. The request also includes a request for variances to the zoning ordinance and the subdivision ordinance. He explained the variance requests: front yard setback, lot width and cul-de-sac length. He stated that the need for the front yard setback variance is a result of MnDOT taking additional right-of- way for County Road 15. The Planning Commission recommended approval of the preliminary plat as well as approval of the variances. Mr. Leek recommended that payment of storm sewer trunk charges be added as a condition of approval. Cncl. Link stated he would be abstaining from the discussion and voting. Sweeney/Zorn offered Resolution No. 4676, A Resolution of the City of Shakopee, Minnesota, Approving the Preliminary Plat for South Parkview 3rd Addition, and moved its adoption. Sweeney/Zorn moved to amend Resolution No. 4676 by adding condition #10 which adds storm sewer trunk charges. Motion carried 4-0 with Cncl. Link abstaining. Motion carried 4-0 with Cncl. Link abstaining on Resolution No. 4676, as amended. Mr. Leek reported that Valley Green Business Park has submitted an application for a text amendment to the minor subdivision process. He said that now that there is an approved PUD (Park 2000 Southwest), Valley Green can no longer subdivide lots for individual buildings through the minor subdivision process. He said the proposed amendment would allow the use of the minor subdivision process (for Planned Unit Developments) as long as the resulting lot/lots is consistent with the Planned Unit Development or the underlying zoning. Sweeney/Link offered Ordinance No. 484, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 12, Subdivision Regulations, By Amending Criteria For Minor Subdivisions, and moved its adoption. Motion carried unanimously. Sweeney/DuBois offered Ordinance No. 485, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter II, Zoning, By Amending Design Standards For The Highway Business (B1) Zone, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Leek reported that Valley Green has requested a Comprehensive Plan amendment to add 40 acres to the City's MUSA, and to guide the area for commercial/business park uses to accommodate land demand which has developed since the opening of the "new" STH 169. He said that if this is approved, staff will submit this to the Metropolitan Council. He identified that the area being traded for the additional 40 acres is the portion of Memorial Park lying east of the Chamber of Commerce offices in Memorial Park. Official Proceedings of the June 3, 1997 Shakopee City Council Page -7- Zorn/Link offered Resolution No. 4679, A Resolution of the City of Shakopee, Minnesota, Proposing a Minor Comprehensive Plan Amendment to Effect the Trade of Metropolitan Urban Service Area (MUSA) Into the West Dean Lake Area, and moved its adoption. A discussion ensued regarding the combination of business park and commercial uses. Mr. Leek explained that the Metropolitan Council treats office and commercial uses similarly. Jon Albinson, Valley Green Business Park, approached the podium and explained that, if approved, the area is currently zoned (B1) and would be in conformance with the current Comprehensive Plan and the guiding action. He said that development will not take place until after the new Comprehensive Plan is completed. Motion carried unanimously. A recess was taken at 10:00 P.M. The meeting re-convened at 10:15 P.M. The following item was taken out of its regular order on the agenda: 14e2) On Sale Liquor License Water Hook-Ups. Sweeney/Zorn moved to remove Ordinance No. 486 from the table. Motion carried unanimously. Mr. Thomson stated that he had the proposed language changes for Ordinance No. 486. The proposed amendment would read "... The Council may waive the requirement of this subdivision for any business having obtained an on-sale license prior to July 1, 1997, and operating at premises where potable water is supplied from a well, provided that water quality from the well is tested Sweeney/Zorn moved to amend Ord. No. 486 "... The City Council may waive the requirement of this subdivision for any business having obtained an on-sale license prior to July 1, 1997, and operating at premises where potable water is supplied from a well, provided that water quality from the well is tested ...". Motion carried unanimously. Ordinance No. 486, as amended, carried unanimously. The regular order of the agenda was resumed beginning with item 14a1) Storm Sewer Extension from CR-16 to Samantha Woods Addition. Mr. Loney explained that a storm sewer extension is necessary from the County Road 16 Project to the Samantha Woods plat in order to complete the storm sewer system in this area. He said a connection is located 170 feet to the east of this plat line. This extension is proposed to be done with the Public Works and Engineering Departments using equipment and personnel from the City. The cost is estimated at between $5,000 and $6,000. Official Proceedings of the June 3, 1997 Shakopee City Council Page -8- Sweeney/Zorn moved to authorize the installation of storm sewer, from County Road 16 to the Samantha Woods plat, with the cost to be paid from the Storm Drainage Fund. Motion carried unanimously. - Mr. Loney reported that interviews were held with internal candidates from the Public Works Department and that staff recommends hiring Dave Rutt for Street Lead Person and Bill Egan for Park Lead Person. It was recommended that their new positions begin effective June 4, 1997, and at the next step above Step 4 of the current top step for maintenance workers, at $32,166.00 per year. Zorn/Link moved to appoint Dave Rutt to the position of Street Lead Person and appoint Bill Egan to the position of Park Lead Person, effective June 4, 1997, at a tentative rate of$32,166 per year, with the final salary contingent upon a negotiated agreement with the Public Works Bargaining Unit. Motion carried unanimously. Councilor Sweeney noted that this action is budgeted. Sweeney/DuBois moved to approve the payment of $5,500 for Easement No. 97-2 (Parcel B, PIN No. 27-912026-0) on Project No. 1996-4 for Maras Street contingent upon receiving an executed easement. (Motion carried under the Consent Agenda). Mr. Loney stated that during the construction of Canterbury Pointe it was discovered that the ditch needed to be regraded, and in order to regrade the ditch a major U.S. West fiber optic cable would need to be relocated. A tentative cost agreement is proposed between U.S. West, Canterbury Pointe and the City which includes actual construction costs, design engineering and construction staking. The developer would pay 30%, plus supervision; the City would pay 30% plus City inspection which would come from the Storm Drainage Fund. U.S. West would pay 40% of the actual project costs. Mr. Loney said that because the developer has already had financing for this development and is, therefore, having a problem obtaining a Letter of Credit. The developer is willing to proceed on the cost sharing arrangement if the City will waive the security requirements for storm sewer installation. He has also agreed that the City would hold occupancy permits for the last two building units as an incentive to complete the project. DuBois/Zorn moved to direct the City Attorney to prepare an amendment to the developer's agreement for Canterbury Pointe for the storm sewer installation along 4th Avenue, and to include a cost sharing arrangement between the City, U.S. West and the developer for Canterbury Pointe. Motion carried unanimously. Official Proceedings of the June 3, 1997 Shakopee City Council Page -9- Mr. Loney reported that the Public Utilities Commission has approved an additional contribution of up to 10% of their previous commitment to the Downtown Electric Underground Project. This would be an additional $35,000 to-the project. This money can be used to reduce assessments, payment of existing underground service, assist with costs associated with aesthetics, and for reimbursement to property owners who installed "buck-boost" transformers. Sweeney/Zorn moved to accept the additional contribution of $35,000 from Shakopee Public Utilities Commission towards the Downtown Alley Reconstruction Project No. 1993-9 to be expended per Shakopee Public Utilities Commission's priority schedule (dated 6/3/97), except priority #2 is modified to be 100% eligible for Shakopee Public Utilities Commission's contribution. (Clerk's Document No. 2.53) Cncl. Sweeney explained the four priorities outlined in the memo from Lou Van Hout, Manager, Shakopee Public Utilities. Motion carried unanimously. Cncl. Sweeney explained that the northeast corner of the intersection of County Road 16 and 18 - has been identified as a water tank site since 1992. He said that soil borings and preliminary costs have been performed on this site and negotiations to purchase this site have been unsuccessful to date. The Public Utility Commission is requesting that the City authorize condemnation of the parcel for the purpose of an inground water storage tank. DuBois/Zorn offered Resolution No. 4680, A Resolution of the City of Shakopee, Minnesota, Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceeding in Eminent Domain for Lots 9 and 10, Block 1, Riverview Estates 2nd Addition, and moved its adoption. Motion carried unanimously. Sweeney/DuBois moved to authorize the Shakopee Fire Department and Scott County Personnel Department to interview for candidates to fill the vacant fire fighter positions. (Motion carried under the Consent Agenda). Mr. Leek reported that ADC Telecommunications has appealed the decision of the Board of Adjustment and Appeals (BOAA), as well as staff's interpretation of the provision regarding landscape islands. They felt that the landscape islands in alternating tiers of parking which are located at the end count as being within the tier parking. Staff took the opposite position. ADC appealed staff's interpretation to the BOAA who reviewed it. Mr. Leek stated that although the BOAA liked ADC's landscaping plan, staff's interpretation of the city code was correct. He explained that consideration of alternative language changes to the City Code have been placed on the BOAA agenda which may make the provision more flexible. Official Proceedings of the June 3, 1997 Shakopee City Council Page -10- Zorn/Sweeney moved to table the appeal by ADC Telecommunications of the Board of Adjustment and Appeal's decision regarding landscape islands. Motion carried 3-2 with Cncl. Henderson and Sweeney opposed. - Sweeney/DuBois offered Resolution No. 4673, A Resolution Amending Resolution No. 4582 Adopting the 1997 Fee Schedule. (Motion carried under the Consent Agenda). Sweeney/DuBois offered Resolution No. 4677, A Resolution of the City Council of the City of Shakopee, Minnesota, Pertaining to the Subdivision of Lands, City Council Approval of Certain Conveyances, and Recording Subdivision Ordinances. (Motion carried under the Consent Agenda). Sweeney/DuBois moved to approve the application and grant a temporary on-sale liquor license to the Church of St. Mary's, 535 S. Lewis Street for June 22, 1997. (Motion carried under the Consent Agenda). Mr. McNeill explained that the Council is being asked to consider taking a position on which alternative for a revision to the Metropolitan Area area code it prefers. He said there are three options. He recommended the "river" split in which users on one side of the river would retain the 612 area code; the other side would receive a new assignment. Zorn/Sweeney moved to direct Suburban Rate Authority Delegate Bob Sweeney to relay the Council's preference for the "river" alternative. Motion carried unanimously. Mr. McNeill explained that Councilor Jane DuBois has made the Council and staff aware that the former Park Nicollet Clinic is available for purchase. He asked the Council if they wished to consider authorizing staff to negotiate a purchase price for the property to be used for the new library facility. The asking price is 5600,000 which is less than the 1996 tax market value. Any negotiations would be tentative as the Scott County Library Board would have to be in agreement on any change of facilities. Mr. McNeill explained that an unknown amount would also be necessary for remodeling and an architectural analysis and possible asbestos testing would provide good information in terms of remodeling costs. Funding would come from the Capital Improvements Fund, unless Council chose to sell general obligation bonds. The sale of the existing library building would help off set the cost of the purchase price and remodeling. Discussion followed regarding the cost for an architectural, environmental analysis, the need for an elevator, negotiating in good faith before analyzing how the legislature will affect TIF Funds as well as various uses for the current library building. There was a consensus to perform an architectural analysis on the former Park Nicollet Clinic building and to invite the Library Board to tour the building to obtain their feedback as to whether or not they are interested, before performing the analysis. Official Proceedings of the June 3, 1997 Shakopee City Council Page -11- Sweeney/DuBois offered Resolution No. 4681, A Resolution of the City of Shakopee, Minnesota, Approving the Premises Permits for the V.F.W. Post #4046, and moved its adoption. (Motion carried under the Consent Agenda). Cncl. Zorn discussed deregulation as it relates to electricity. He suggested that the time is coming when the smaller power companies will be bought out and warned that the City should be prepared for this possibility. Zorn/Sweeney moved to adjourn to Tuesday, June 10, 1997, at 7:00 P.M. Motion carried unanimously. The meeting was adjourned at 11:27 P.M. • LA.o.a ,, I. 4.dith S. Cox City Clerk Esther TenEyck Recording Secretary 1 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA JUNE 10, 1997 Mayor Henderson called the meeting to order at 8:48 P.M. (following the work session) with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Clete Link present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director; Gregg Voxland, Finance Director; Mark McQuillan, Park and Recreation Director; and Judith S. Cox, City Clerk. There was no business that came before the City Council. Sweeney/Link moved to adjourn to Tuesday, June 17, 1997, at 7:00 P.M. Motion carried unanimously. The meeting was adjourned at 8:48 P.M. ikoLt.fi& r4' .(-) ( Ju ith S. Cox C'ty Clerk OFFICIAL PROCEEDINGS OF THE CITY COUNCIL WORK SESSION SHAKOPEE, MINNESOTA JUNE 10, 1997 Mayor Henderson called the meeting to order at 7 : 00 p.m. with Councilmembers Cletus Link, Bob Sweeney and Burl Zorn present . Those absent : Jane DuBois . Also present were Mark McNeill, City Administrator; Michael Leek, Community Development Director; Bruce Loney, Public Works Director; Gregg Voxland, Finance Director; Mark McQuillan, Park and Recreation Director and Judith Cox, City Clerk. Members of the Park & Recreation Advisory Board present were : John Collins, Steve Johnson, Jeffrey Kaley, Dolores Lebens, Kathy Prochaska and Dean Shaner. Members of the Planning Commission present were : Larry Meilleur and Mary Romansky. Lee Stoltzman arrived at 7 :29 p.m. Mayor Henderson stated that the purpose of the meeting was to discuss the City' s Capital Improvements Program ( "CIP" ) Budget . He noted that the City Council wanted to inform the Park & Rec Board and Planning Commission what the City' s financial condition was and requested input from the Park & Rec Board and Planning Commission as to its requested future projects . Mayor Henderson then turned the meeting over to Mark McNeill for an overview. Mark McNeill stated that it was thought that a joint meeting between the Council, Park & Rec Board and Planning Commission would be helpful in reviewing the 1998-2002 CIP Budget . Mr. McNeill noted that this year detailed summaries regarding proposed projects were provided. Mr. McNeill then asked Gregg Voxland to approach the podium for an overview of the CIP Budget . Gregg Voxland approached the podium and reviewed the items which had been provided in the agenda packet . He noted that there is an additional $84, 000 available in 1997 in the Park Reserve Fund which is due to the conservation easement in Memorial Park and that this $84, 000 was not included in the figures in the packet . Mr. Voxland stated that the Park Reserve balance will carry through to 1999 . He also noted that the CIP fund balance drops in subsequent years, however, the City Council can transfer dollars into the fund. Regarding the Sanitary Sewer Fund, Mr. Voxland noted that there are three different accounts and noted that the Trunk Account expects to start getting back on track by the year 2002 . The Storm Drainage Fund has two different accounts and shows positive balances throughout 2003 . Mr. Voxland noted that the Tax Increment Trust Fund expires in 2002 and although there is an unknown impact as to the tax classification changes, it is known that whatever impact occurs will be negative. Mr. Voxland stated that the TIF Plan will need to be revised based on improvements . Regarding the Annual Improvement Funds, Mr. Voxland noted that there are many projects that are run through this account, many of those projects being special assessments, which are not 100% assessed and result in City funding. Mr. Voxland noted that debt service levy will be up to $800, 000 by 2005 and that the General Fund has a $1 . 5 million surplus over budget from 1996 . A memo is being prepared regarding the debt service and surplus and will be distributed at the June 17, 1997 Council meeting. Official Proceedings of the June 10, 1997 Shakopee City Council (Work Session) Page 2 Bob Sweeney stated that there is a possible state mandated TIF repayment not reflected in the figures and that changes for the city and county may be substantial . Mr. Sweeney stated that the total levy for 1997 plus the state aids minus the debt service levy is at the upper limit of what can be levied in 1998 . He noted that it is possible to have a referendum to increase levy but the chances are slim to none. He also noted the City thought that the $900, 000 investment in the Blocks 3 and 4 project was going to be repaid sooner than is now realistically expected. Mr. Sweeney opined that the City was going to be pressed by the levy limits and may have some extra funds but not an abundance. He also noted that the City Council has treated cash surplus conservatively in the past. Bruce Loney approached the podium and stated that with the City' s expected doubling in population within 13 years, expanded facilities will be necessary for the police and utility buildings. Mr. Loney stated that at this point in time, there is land available in the same area where the police station and utility building are located. Mr. Loney reviewed the sanitary sewer projects, those being the trunk line for the south bypass in 1998, Prairie Village in 1999, the area south of the bypass along County Road 79 in 2000 and First Avenue in 2002 . Mr. Loney noted that the First Avenue project will probably have to be initiated by the property owners . Mr. Loney also noted that some areas of the River District sanitary sewer need to be rebuilt and that Rahr Malting may be constructing a private system which would impact the River District project . Mr. Loney also reviewed the storm drainage projects which included the Dean Lake project in 1998 and the Prior Lake/Spring Lake project in 1999 and 2000 . Burl Zorn questioned Mr. Loney if the Dean Lake area was that close to completion to be included in the year 1998 and Mr. Loney • replied that completing the project in 1998 would be beneficial but was probably not necessary. Michael Leek noted that the PUD applicant planned to build 80 - 100 units in the next five to six years but that part of the units may be built this year. Other storm drainage projects are the Blue Lake Drainageway project which is a major project and scheduled for 1999 . Mr. Loney noted that some bonding or borrowing may be necessary for the Blue Lake project . He also stated that negotiations have begun with the Shakopee Mdewakanton Tribe who also needs part of the channel . Mr. Loney noted that a major concern was that there is no through channel through the Blue Lake area. Additional storm drainage projects included the Northern Shakopee Outlet in 2000, Valley Park 6th Addition in 1999 and Mill Pond in 2001 . As to the street reconstruction projects, Mr. Loney stated that the worst streets were being considered, however, it was a judgment call . He also noted that a major collector street, Shakopee Crossings, is due to be constructed in 1998 and was not included in the packet . Mr. Loney stated that Shakopee Crossings would be 10096' assessed and the developer may pay for the oversizing. Mr. Loney identified locations for traffic signals and new street construction contained in the five-year plan. Official Proceedings of the June 10, 1997 Shakopee City Council (Work Session) Page 3 Mark McQuillan then approached the podium to present the Park and Recreation Advisory Board' s projects. MT. McQuillan noted that the Board would like to delay another project so that the Prairie Bend Park could be completed in one year instead of two. Mr. McQuillan also asked if the Farmers' Market was considered an EDA project or Park and Rec project so that the project can be addressed by the proper entity. Mr. McNeill noted that the Park & Rec projects did not address the Shakopee Crossings project or the tennis courts . Mr. McQuillan replied that he thought the tennis courts were on school property and therefore would be included in a referendum. Mr. McQuillan did not see the tennis court issue as being a high priority but did support the project . Mr. McNeill stated that he had been approached by Prior Lake representatives who were looking for parkland south of the bypass as a possible library site. He stated Prior Lake would need 80 - 120 acres but was concerned that a library would be too close to Shakopee' s park and interfere with park schedules . Mr. McNeill noted there would be lost tax base years down the road but that he would bring this matter to the Park & Rec Board. Cletus Link asked if there were fees for the Community Center for nonresidents to which Mr. McQuillan replied no. Mr. McQuillan stated that the current fees are $1 per child and $2 per adult, however, he believed the fees would be raised in the fall . Mr. Link also questioned why the Community Center did not open earlier and Mr. McQuillan replied that the Community Center opens at 7 : 00 a.m. in summer as compared to 6 : 00 a.m. in winter because the usage is decreased in the summer. Bob Sweeney suggested the Park & Rec Board consider running referendums for parkland areas since funds will be just as tight in the year 2000 as compared to now. Steve Johnson approached the podium and stated that the Park & Rec Board had talked about referendums extensively and the Board was thinking that 1999 or 2000 would be opportune years for referendums . Mr. Johnson stated that he realized the City Council wanted to develop a complete park plan and the Park & Rec Board wants to work with the Council . To that end, the Park & Rec Board recently submitted an increase in park dedication fees to the Planning Commission. Mr. Link stated that he sees the growth in the City but does not see where all the dollars are going. Mr. Johnson replied that the dollars simply are not holding up and cited the little or no equipment in the parks as an example . Mayor Henderson asked that any referendum for this issue be held until 1999 . Mr. Sweeney noted that park dedication fees are paid but are deferred until a building permit is issued and it is a cash flow problem. Mr. McQuillan suggested that grants and local service organizations may also be looked at for possible donations . Mr. Link asked what was collected for park dedication fees and Michael Leek stated that the fees range from $200-$300 to $500-$600 based on the value of the land. He also noted that some park dedication fees were lost because Valley Green is not assessed park dedication fees . Mr. Link also asked how park dedication fees were calculated to which Mr. Leek replied that the fees are determined based on the current market value and if no current market value Official Proceedings of the June 10, 1997 Shakopee City Council (Work Session) Page 4 is available, the issue goes to the City Council for permission to do an appraisal . The assessor' s four-year review is also taken into account . Mr. McNeill also drew to the attention of those present two other projects, those being relocating an existing fire station and emergency vehicle signal preemption. Mr. McNeill stated he was also asked by Councilmember DuBois to mention the fact that the previous Park Nicollet building was available for a possible library site and that with renovation, the cost would be approximately $600, 000 - $750, 000 and that the facility may need an elevator. There is no funding identified at the moment . Mayor Henderson noted that the Scott County Library was going to be providing additional information regarding usage and need. Mr. Loney also stated that he was aware that a street light on Valley View was on SPUC' s agenda and also noted that the roads were very dry in the area and that chemical treatment application by the City was in process . Mayor Henderson concluded the meeting by thanking the respective individuals for making their needs known. Sweeney/Zorn moved to adjourn. Motion carried unanimously. Meeting adjourned at 8 :48 p.m. Respectfully submitted, 91 r, 1 , , ,, Janet Vogel Freeman Recording Secretary • -t . . i •ith S . Cox ty Clerk /0 CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City" Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: June 26, 1997 Introduction and Background Attached is a print out showing the division budget status for 1997 based on data entered as of 06/26/97 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list is a payment to Shakopee Community Arts Council in the amount of $500 . 00 for co-sponsorship of the band concert with Minnesota Sinfonia. Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-XXX) and Blocks 3&4 (code 9439-xxx) in the amount of $9, 350 . 58 . Action Requested Move to approve the bills in the amount of $314, 421 . 35 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 06/26/97 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED __==============a====s=s====ss= s.ss==ss3=====______= s====______________ __________ _________ 11 MAYOR & COUNCIL 89,410 2,721 21,291 24 12 CITY ADMINISTRATOR 249,980 13,556 86,972 35 13 CITY CLERK 166,720 13,291 73,387 44 15 FINANCE 322,780 58,393 156,814 49 '16 LEGAL COUNSEL 217,320 7,801 63,274 29 17 COMMUNITY DEVELOPMENT 451,290 32,227 142,369 32 18 GENERAL GOVERNMENT BUILDINGS 146,940 11,700 56,230 38 31 POLICE 1,703,140 130,432 813,175 48 32 FIRE 448,990 24,540 143,327 32 33 INSPECTION-BLDG-PLMBG-HTG 245,070 18,473 111,745 46 41 ENGINEERING 425,780 28,393 149,684 35 42 STREET MAINTENANCE 781,860 42,123 276,616 35 44 SHOP 126,540 13,229 59,270 47 46 PARK MAINTENANCE 350,420 25,919 119,136 34 91 UNALLOCATED 622,630 776 32,092 5 TOTAL GENERAL FUND 6,348,870 423,573 2,305,383 36 17 COMMUNITY DEVELOPMENT 496,770 37,813 205,796 41 TOTAL TRANSIT 496,770 37,813 205,796 41 19 EDA 140,580 5,212 47,571 34 TOTAL EDA 140,580 5,212 47,571 34 H a) to m a a trt 0 0 000000 0 00000 0 0 0 00 0 0 0 0 0 0 x PL w 0M aZ 0 z 0 z - C4 - . 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Cr. wCL, U U W a A O1 Q Q 0, a Q1 H H H H PC W W al U W LI) M LO O H N 01 O (N M ct' LI) O O O O O O H H H N N N M M %:I' a' V' `Z}' a' H d' LI) (f' O H H M M W W a' .1' d' d' V' a' d' N N N a) H it at 4t 4t 3t it it 4t 4:t 4t at it x U z 000000000000000000 z z z z z z z z z z z z z z z z z z O D A A D A A A A A A A A A A D A D A U w w w w w w w w G., w w w w r.t. w w w w CITY OF SHAKOPEE 16, Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Scott Rein's letter regarding ice rental fees Date: June 24, 1997 INTRODUCTION At the request of Councilor Jane DuBois,Mr. Scott A. Rein's June 18, 1997 letter regarding ice rental fees at the Shakopee Community Center was placed on the agenda of the Parks and Recreation Advisory Board June Meeting. BACKGROUND Mr. Rein is requesting the City to lower ice rental fees at the Community Center so the youth hockey program fees can be lowered to encourage more kids play hockey. PRAB POSITION To a degree,the Board sympathizes with Mr. Rein's concerns about the ice rental fees and appreciates his effort to have them lowered. However,the PRAB did not find justification for lowering the ice rental rates for any user group at this time. No-one from the Shakopee Hockey Association has approached staff or the Advisory Board requesting a reduction in ice rental fees. In fact, some officials from the Shakopee Hockey Association's Board of Directors have expressed an interest in funding some improvements to the ice arena and to the outdoor facilities as well. This suggests the Shakopee Hockey Association is a financially solvent organization that is capable of paying its way. The Parks and Recreation Advisory Board supports any effort that keeps participation fees for recreation programs at an affordable rate. However, special facilities such as the ice arena serve a limited user group and the operating costs are generally higher than other recreation facilities. It is not unreasonable to charge fees so these facilities will pay for themselves and not become a financial burden to taxpayers. ICE RENTAL SURVEY Staff conducted an informal mini survey of other ice arenas and found no evidence they provide reduced ice rental rates for local user groups. Their rental rates are applied equally to all users. We also found the $120 per hour rate for prime ice time to be within the norm. Prime time rental rates: Chaska$120, Eden Prairie$125,Bloomington$135, Minnetonka$110, Roseville$115, Champlin Park$165, Breck Arena$160, Blake Arena $135,Braemer Arena$115 and White Bear Lake Arena$107. The Parks and Recreation Advisory Board recommends against establishing a lower ice rental rate for local user groups. Mark . McQuillan Parks and Recreation Director FROM :EDINP REALTY SHGKOPPE 445 8252 1997.06-23 13:29 K759 P.02/02 6-18-97 TO: MEMBERS OF THE SHAKOPEE CITY COUNCIL RE: ICE RENTAL FOR COMMUNITY PARTICIPANTS . DEAR COUNCIL MEMBERS, I am writing to you today on behalf of all the indoor ice users in the city of Shakopee. In the past the Shakopee Hockey program has been and still is self sufficient financially. I as a tax payer of nearly $3500.00 per year would like to address my concern and make a proposal. The question i keep asking my self is why can my next door neighbor participate in basketball, baseball, soccer, gymnastics, softball and all the other sports for around$50.00 (sometimes less). i feel that the overhead cost of gymnasiums, softball fields, wrestling rooms, etc., are all being ignored because they exist in a current budget. Please do not get me wrong. I know Hockey is an expensive sport. I also know we all make choices and some people make their choice based on'economics. Its much easier to play basketball for fifty dollars as opposed to hockey for four or five hundred dollars. Therefore the numbers issue has no validly, because if hockey was the same fifty dollars the program would grow astronomically. My proposal is very simple. The cost of heating gyms and maintaining softball and soccer fields have to be costing the city a$100.00 per participant. Therefore I would like to see a small per hour deduction of ice per player in a family. Please keep in mind we have a wonder facility and a program where the people involved are strong supporters. We can build an even stronger program with your help and support by keeping costs down to the participants. Currently the ice fee is $120.00 per hour. The association will purchase approximately 600-700 hours this up coming season. If you calculate 600 hours x$120.00 per hour it is $72,000. If you calculate the same 600 hours at $100.00 there is a$12,000,00 dollar difference. In simple terms it would save 120 families about a hundred dollars per skater. Instead of paying nearly$500.00 to participate it would only be $400.00 still a much greater cost than other sports yeti,we must remember the choice issue. Lastly even though it may seem large or small to you it sends an important message back to the community. I understand when the arena was built it received some opposition. Yet now, in my opinion, it is the best thing Shakopee ever did. Please help send the solid message of fairness that helps make Hockey or Figure skating a choice for many families who make those sports their choice. v Sincerely, S. Scott . Rein 1217 Pioneer Court Shakopee, MN 55379 612) 496-0427 I CONSENT1 13. 6. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Final Plat for Prairie Village 2nd Addition DATE: July 1, 1997 DISCUSSION Thompson Land Development is requesting approval of the final plat of Prairie Village 2nd Addition. The subject site is located directly east of the new St. Francis Medical Center. A copy of the June 19, 1997, Planning Commission staff memo has been attached for your reference. ALTERNATIVES 1. Approve the Final Plat of Prairie Village 2nd Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Prairie Village 2nd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Prairie Village 2nd Addition. 4. Table action on this item and request additional information from the applicant and/or staff PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended the approval of the Final Plat of Prairie Village 2nd Addition, subject to conditions(Alternative No. 1). ACTION REQUESTED Offer Resolution No. 4693, A Resolution Approving the Final Plat of Prairie Village 2nd Addition, and move its approval. 1/64 Idie Klima 'lanner II i:\commdcv\cc\1997\cc070 I\l ippryig2.doc RESOLUTION NO. 4693 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,APPROVING THE FINAL PLAT FOR PRAIRIE VILLAGE 2ND ADDITION WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat for Prairie Village 2nd Addition on June 19, 1997, and has recommended its approval; and WHEREAS, the property upon which the request is being made is legally described as: °iitiot A, Prairie Village 1st Addition; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat for Prairie Village 2nd Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$270 per sign pole. Three street signs shall be required with this phase of development (3 x $270 = $810.00). f) Cash payment in lieu of park dedication shall be required in the amount of$700.00 per residential lot. The Park Dedication payments shall be paid at the time of the recording of the Final Plat. g) The developer shall be responsible for the operation and maintenance of the temporary storm water lift station, if necessary. h) The developer agrees to the reapportionment of assessments by the City Engineer. i) The developer agrees to pay storm water trunk charges and sanitary sewer trunk fees. j) The developer shall provide a temporary drainage and utility easement for Outlot A. k) The developer shall provide drainage easements around the ponding areas, easements along storm sewer pipe as required by City Code, and an access easement for the future maintenance of the ponding areas. 3. The Final Construction Plans and Specifications must be approved by the City Engineer. 4. Outlots A and B, of the approved Preliminary Plat, must either be eliminated or provide proof, via a contract, that the outlots will be sold to the adjoining property owner upon platting. No building permits shall be issued for the outlots until they have been replatted and combined with other properties so that these areas meet the City's design standards. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held 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 i D. CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Final Plat of Prairie Village 2nd Addition DATE: June 19, 1997 Site Information: Applicant: Thompson Land Development Location: Directly east of the new St. Francis Regional Medical Center Current Zoning: Urban Residential (R-1B) Adjacent Zoning: North: Urban Residential (R-1B) South: Agricultural Preservation (AG) East: Agricultural Preservation (AG) West: Office Business (B-2) Comp. Plan: 1995: Single Family Residential Area: 11.44 Acres MUSA: The site is within the MUSA. Introduction Thompson Land Development is requesting approval of the Final Plat for Prairie Village 2nd Addition. The subject site is located directly east of the new St. Francis Medical Center(Please see Exhibit A). Considerations The Preliminary Plat for Prairie Village was approved by the City Council on July 2, 1996. The entire development is composed of 70 acres of land. The first phase of development that has been final platted is 13.01 acres in size, while this phase proposes to final plat 11.44 acres of the development. This phase consists of 30 single family residential lots (Please see Exhibit B). The Final Plat, as proposed, is in substantial conformance with the approved Preliminary Plat. The Engineering Department has reviewed the submittal materials and has provided the comments. Staff has incorporated these recommendations into the conditions of approval for the Final Plat. Alternatives 1. Recommend to the City Council approval of the Final Plat of Prairie Village 2nd Addition, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the Final Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. I, to recommend to the City Council approval of the Final Plat of Prairie Village 2nd Addition, subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$270 per sign pole. Three street signs shall be required with this phase of development (3 x $270 = $810.00). t) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$700.00 per residential lot. The Park Dedication payments shall be paid at the time of the recording of the Final Plat. g) The developer shall be responsible for the operation and maintenance of the temporary storm water lift station, if necessary. h) The developer agrees to the reapportionment of assessments by the City Engineer. i) The developer agrees to pay storm water trunk charges and sanitary sewer'trunk fees. j) The developer shall provide a temporary drainage and utility easement for Outlot A. k) The developer shall provide drainage easements around the ponding areas, easements along storm sewer pipe as required by City Code, and an access easement for the future maintenance of the ponding areas. iii) The Final Construction Plans and Specifications must be approved by the City Engineer. iv) Outlots A and B, of the approved Preliminary Plat, must either be eliminated or provide proof, via a contract, that the outlots will be sold to the adjoining property owner upon platting. No building permits shall be issued for the outlots until they have been replatted and combined with other properties so that these areas meet the City's design standards. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Prairie Village, subject to conditions and move its approval. • ulie Klima Planner II is\commdcv\boaa-pe 1997\jun 19\fpprvlg2.doc ,Ighini, • 1WIL:-11► RR 0 a,_ EXHIBIT A I './ —41411,0.. i. L 4.1 AG • , *, 1 1 Tr / (0 44 4ilit '' ... - , 16 .r.. SUB AG 1 R + i e Ito --).air ;Ci, to irVALLEY v¢v Law mall WI >e ainm AG A: ei^A• g sura,c CI^ Y Elon .rc W O 4 �f./ �_ RR k//'% 5AG RR AG ��a axx z 3 ' SII RR i k iLEGEND AG ;--,:„..---,:\_...\_. �i AG ucriy nG Zores � 1 r\ COAL •a .z — CrCC.it:.re ) 'DD' D"" 0 // :.<_.(r.! :?es cert'C1 AG ~ RR Ral L�Cw Der.s:ty Res. entice /� RR -) I - ur:cn Res:cent;ci 1-17 ''------/ LAKE ,---__j \ 'R Old Snc<ccee Residentici 1 , , 77. 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This property is located east of Dean Lake, south of Hwy. 169, and west of County Road 18. A copy of the June 19, 1997, Planning Commission staff report is attached for reference. ALTERNATIVES 1. Amend the Zoning Map to rezone the subject property from Light Industrial (I-1) to Urban Residential (R-1B). 2. Do not amend the Zoning Map. 3. Direct that the Comprehensive Plan be amended to reflect a different use for the subject site. 4. Table the decision and request additional information from the applicant or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends Alternative No. 1. ACTION REQUESTED Offer Ordinance No. 489, and move its approval. • I if Julie K im. Planner II is\commdev\cc\1997\cc0701\rcznsp.doc 1 ORDINANCE NO. 489, 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 EAST OF DEAN LAKE, SOUTH OF HIGHWAY 169, AND WEST OF COUNTY ROAD 18 FROM LIGHT INDUSTRIAL (I-1)ZONE TO URBAN RESIDENTIAL (R-1B) ZONE. WHEREAS, the City of Shakopee has initiated the rezoning of land legally described as attached on Exhibit A from Light Industrial (I-1) to Urban Residential (R- 1B); and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on June 19, 1997, 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 (R-1B) 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 Light Industrial (I-1) to Urban Residential (R-1B). 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 , 1997. 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 2 EXEIIBIT A All of Tracts A and B described below: Tract A: That part of the Northwest Quarter of the Southeast Quarter of Section 11, Township 115 North, Range 22 West, Scott County, Minnesota, lying southerly of the southerly boundary of Minnesota Department of Transportation Right of Way Plat No. 70-18 as the same is on file and of record in the office of the County Recorder in and for said Scott County; Tract B: That part of the Southwest Quarter of the Southeast Quarter of Section 11, Township 115 North, Range 22 West, Scott County, Minnesota, lying northerly of the following described line: Commencing at the southwest corner of said Southwest Quarter of the Southeast Quarter; thence north along the west line thereof for 992.09 feet to the point of beginning of the line to be described; thence deflect to the right at an angle of 94 degrees 13 minutes 30 seconds along the southerly line of Northern States Power Company's easement to the east line of said Southwest Quarter of the Southeast Quarter and there terminating; containing 50.24 acres, more or less. 3 7 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner-II SUBJECT: Amendment to the Zoning Map - Rezone property from Light Industrial (I-1)to Urban Residential (R-1B) DATE: June 19, 1997 Site Information Applicant: City of Shakopee Site Location: East of Dean Lake, South of Hwy. 169, West of County Road 18 Current Zoning: Light Industrial (11) Adjacent Zoning: North: Highway 169 Right-of-Way South: Urban Residential (R-1B) East: Urban Residential (R-1B) West: Urban Residential (R-1B) Comp. Plan: 1995: Single Family Residential Area: Approximately 50 Acres MUSA: The site is within the MUSA boundary INTRODUCTION The City is requesting that the Official Zoning Map be amended to rezone a parcel currently zoned as Light Industrial (1-1) to Urban Residential (R-I B). 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 1144, Light Industrial (I-1) regulations; and Exhibit D, City Code Section 11.28, Urban Residential (R-1B) regulations. 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 Light Industrial (I-1) 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, will be in conformance with the 1995 Comprehensive Plan. 3. The purpose of the Urban Residential (R-1B) is to provide an area for residential development where public sanitary sewer and water are available. 4. The property surrounding the subject site has recently been reviewed for a rezoning from Light Industrial (Il) and Agricultural Preservation (AG) to Urban Residential (R-1B) and Low Density Residential (R-IA). The Planning Commission has recommended approval of that request. However, the City Council will not make a final decision on that rezoning until the Environmental Assessment Worksheet (EAW) for the site has been completed. !The property surrounding the subject site is also currently the subject of a proposed residential development. Therefore, the City is initiating the rezoning of the subject site to ensure compatible development types. 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. The construction of the Highway 169 bypass has provided access and visibility to portions of the community along its it corridor. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan has identified this area for single family residential 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-IB)from Light Industrial (I-1). 2. Recommend to the City Council the denial of the request to rezone property to Urban Residential (R-1B)from Light Industrial (I-1). 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). I ;Julie Klima Planner II is\commdcv\bona-pc\1997\jun 1 9\rcznsp.doc -�!.�������������� e 1 AG7 12 EXHIBIT A v :--- -4- `.4 .;.- 44T-"A D„„ 12 B1 v. ►�srfbs - . , �� I Ir<<tws ,; QaIltr , ff ,VE ; , EWE LAKE li un+with -11NA �uE►� / I O ''/E.• II 11 11 -.`,f 1 \Iu A � I1 C R—►A 0 V_ DEAN 1 11 ' ___ �_ LAKE ,`� IR—}6 I AG 1114tfprcp6.\111111114111i1 • 7 \RR \ AG \\ 1 AG C 0 RR ,,,,i \ ,I :JL l6 4'1 1 S �t . \,,, AG II 11 »I RR II -, A G e �� J�`T i 1 g RRI?" AG 'sqLL �� rE - -�/ R R { -, �Sl RR AG 74/ ' H---'22) V--H( ' \I-s`"- ` PIKE \..?‘ LAKE \ EXHIBIT C § 11.44 SEC. 11.44. LIGHT INDUSTRY ZONE (I-1). • Subd. 1. Purpose. The purpose of the light industry zone is to provide an area for industrial, light manufacturing, and office uses which are generally not obtrusive and which serve as a transition between more intensive industrial sites and residential and business land uses. Subd. 2. Permitted Uses. Within the light industry zone, no structure or land shall be used except for one or more of the following uses: • A. warehousing and wholesaling conducted entirely within an enclosed building, except those involving a project that fits within one of the Mandatory EIS Categories under Minn. Rules 4410.4400; B. research laboratories conducted entirely within an enclosed building; C. establishments supplying goods or services primarily to industrial uses; D. agricultural uses, but limited to the growing of field crops; E. utility services; F. utility service structures; G. offices within the principal structure and directly associated with another permitted use; or • H. public buildings. Subd. 3. Conditional Uses. Within the light industry zone, no structure or land shall be used for the following uses except by conditional use permit: A. manufacturing, fabrication, processing, and assembly operations conducted entirely within an enclosed building, except those involving a project that fits within one of the Mandatory EIS Categories under Minn. Rules 4410.4400; B. airports and heliports; C. vehicle repair, D. landscaping services and contractors; E. retail sales of products manufactured, fabricated, assembled, or stored on site; F. commercial vehicle rental facilities; G. self-storage facilities; H. industrial or technical training schools; • ppe firmed in 1996 1235 § 11.44 I. restaurants, class I or class H, contained within a principal structure and oriented • toward serving employees or those working in the immediate area; J. residences for security personnel; • K. exterior storage; L. day care facilities; M. structures over 45 feet in height; • N. developments containing more than one principal structure per lot; or 0. 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 light industry zone the following uses shall be permitted accessory uses: A. parking and loading spaces; B. temporary construction buildings; C. decorative landscape features; and D. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. • Subd. 5. Design Standards. Within the light industry zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: minimum lot area: (with City services): 1 acre (without City services): 20 acres B. Maximum impervious surface percentage: 75% C. Lot specifications: minimum lot width: (with City services): 100 feet (without City services): 600 feet minimum front yard setback: 30 feet minimum side yard setback: 15 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zones: 100 feet page mimed in 1996 1236 •• § 11.45 • D. Maximum height: 45 feet without a conditional use permit. (Ord. 31, October 25, 1979; Ord. 96, November 11, 1982; Ord. 138, November 24, 1983; Ord. 186, January 30, 1986; Ord. 203, July 10, 1986; Ord. 264, May 26, 1989; Ord. 279, December 1, 1989; Ord. 377, July 7, 1994; Ord. 429, November 2, 1995) • SEC. 11.45. Reserved. •• • pops tamed in 1996 1237 EXHIBIT D § 11 28 • SEC. 11.28. URBAN RESIDENTIAL ZONE (R-1B). • Subd. 1. Purpose. The purpose of the urban residential zone is to provide an area for residential development where public sanitary sewer and water are available. Subd. 2. Permitted Uses. Within the urban residential zone, no structure or land shall be used except for one or more of the following uses: A. single family detached dwellings; B. existing single family attached dwellings; C. existing two family dwellings; D. public recreation; E. utility services; F. public buildings; G. day care facilities serving 12 or fewer persons; H. group family day care facilities serving 14 or fewer children; or 1. residential facilities serving six (6) or fewer persons. • Subd. 3. Conditional Uses. Within the urban residential zone, no structure or land shall be used for the following uses except by conditional use permit: A. churches and other places of worship; B. home occupations; C. cemeteries; D. public or private schools having a course of instruction approved by the Minnesota Board of Education for students enrolled in K through grade 12, or any portion thereof; E. bed and breakfast inns; F. utility service structures; G. day care facilities serving 13 through 16 persons; H. residential facilities servicing from 7 through 16 persons; I. relocated structures; J. structures over 2-1/2 stories or 35 feet in height; • page cv+ssd in 1996 1127 § 11.28 • K. developments containing more than one principal structure per lot; or L. other uses similar to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals. Subd.4. Permitted Accessory Uses. Within the urban residential zone,the following uses shall be permitted accessory uses: A. garages; B. fences; C. recreation equipment; D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; G. solar equipment; or H. other accessory uses, as determined by the Zoning Administrator. • Subd. 5. Design Standards. Within the urban residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: A. Maximum density: five dwellings per acre. Streets shall be excluded in calculating acreage. B. Maximum impervious surface percentage: 50% C. Lot specifications: Minimum lot width (single-family detached): 60 feet; (existing two-family dwelling): 70 feet Minimum lot depth: 100 feet Minimum front yard setback: 30 feet Minimum side yard setback: 10 feet Minimum rear yard setback: 30 feet D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a conditional use permit. paps revised in 1996 • 1128 § 11.29 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. 60, May 14, 1981; Ord. 159, February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7, 1994; Ord. 435, November 30, 1995) SEC. 11.29. Reserved. • one revised m 1996 1129 /1 G CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Beth Handrich, Planning Intern SUBJECT: Text Amendment Regarding the Review Process of Conditional Use Permits DATE: July 1, 1997 INTRODUCTION&DISCUSSION Due to a recent concern from the public, city staff has conducted a survey of surrounding communities regarding the review process of Conditional Use Permits. From this survey,three (3) significant issues arose. These issues include: • Notification requirements for Conditional Use Permits • Fee structuring of Conditional Use Permits • Home Occupations as a conditional use At the June 19, 1997, Planning Commission meeting, staff presented these issues and possible options which were collected from the survey. Staff requested direction from the Planning Commission regarding a possible amendment to the review process of Conditional Use Permits. A copy of the staff memo has been attached for your reference. ALTERNATIVES 1. Determine that the review process of Conditional Use Permits requires an amendment and give direction to staff. 2. Determine that the review process of Conditional Use Permits should remain status quo. 3. Table the matter for additional information. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended that the review process should remain status quo. ACTION REQUESTED Direct staff to proceed with the Council's preferred alternative. )reildiktU-6t/4 Beth Handrich Planning Intern i:\commdev\c61997\cc0701\revprcup.doc CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Beth Handrich,Planning Intern SUBJECT: Text Amendment Regarding the Review Process of Conditional Use Permits DATE: June 19, 1997 INTRODUCTION City code currently states in SEC. 11.85 (CONDITIONAL USE PERMITS)that all Conditional Use Permit applicants are to provide five (5) separate items,two (2)of which include a list of names and addresses of all properties situated wholly or partially within 350 feet of the property as such appear on the records of the Scott County Recorder and a fee ranging from$100.00 to $200.00 depending on the type of conditional use. DISCUSSION A survey of eight(8) surrounding communities was conducted in order to compile similar data. The results are provided below for the Commission's reference: APPLE VALLEY does require the applicant to provide a list of names and addresses of properties within 350 feet of the subject property. The application fee is a base fee of$210.00 for all CUPs. BLOOMINGTON does NOT require the applicant to provide a list of names and addresses of surrounding properties. CUP application fees are arranged on a tiering system of$25.00 to $500.00 with an emphasis on separating residential uses from all others. CHANHASSEN does require the applicant to provide a list of names and addresses of properties within 500 feet of the subject property. CUP application fees are arranged on a tiering system of $75.00 to $400.00 with an emphasis on separating residential uses from all others. CHASKA does NOT require the applicant to provide a list of names and addresses of surrounding properties. CUP application fees are arranged on a tiering system of$220.00 to $648.00 with an emphasis on separating residential and commercial uses. EAGAN does require the applicant to provide a list of names and addresses of properties within 350 feet of the subject property. The application fee is a base fee of$150.00 plus an additional $500.00 in escrow for all CUPs. EDEN PRAIRIE does not use Conditional Use Permits. PRIOR LAKE does require the applicant to provide a list of names and addresses of properties within 500 feet of the subject property. The application fee is a base fee of$350.00 for all CUPs. SAVAGE does require the applicant to provide a list of names and addresses of properties within 350 feet of the subject property. CUP application fees are arranged on a tiering system of $150.00 to $200.00 with an emphasis on separating residential uses from all others. A number of issues have arisen from this survey: 1)notification requirements for CUPs, 2)fee structuring of CUPs, and 3)home occupations as a conditional use. 1) As stated above, a provision of SEC. 11.85 (CONDITIONAL USE PERMITS)requires applicants to provide a list of names and addresses of the owners of all properties situated wholly or partially within 350 feet of the property as such appear on the records of the Scott County Recorder. The survey of surrounding communities revealed that five(5)of the eight(8) communities require the applicant to provide such a list and two(2)of the communities provide the list for the applicant. All of the communities require that the list of names and addresses of owners be a minimum of 350 feet within the subject property; two (2)of which require the list being within 500 feet. 2) The City's application fees for Conditional Use permits reflect home occupations as$100.00 and all others as $200.00. Four(4)of the surveyed communities also use a tiering system for CUPs,while three(3)use a base fee method. The City of Prior Lake collects a base fee of$350.00 for all CUPs to ensure an adequate level of review of applications and to ensure that the adverse effects of development on the City are minimized and compliance with the goals and objectives of the Comprehensive Plan are obtained. The applicant shall pay to the City any additional fees incurred by the City and any money which has not been used to pay additional costs shall be refunded to the applicant. The City of Eagan collects a base fee of$150.00 plus an additional $500.00 in escrow for all CUPs and the City of Apple Valley collects a base fee of$210.00 for all CUPs. Again this is to ensure an adequate level of review for applications. Money which has not been used to pay additional costs shall be refunded to the applicant. 3) The definition of"Home Occupation"provided in Chapter 11 (ZONING)of City Code reads as follows: "any gainful occupation or profession engaged in by the occupant of a dwelling at or from the dwelling when carried on within a dwelling unit or an accessory building. " Home occupations do require a Conditional Use Permit in all residential zones except the Multiple-Family Residential Zone(R-3). When surveying the eight(8)communities,it was found that only two (2)require a Conditional Use Permit for home occupations. In either situation, CUPs are only required for those home occupations which may involve an excess of such effects as noise or traffic(beauty salons,nurseries,et cetera). The definition given above included all home occupations regardless of possible effects on surrounding areas. ACTION REQUESTED Staff is asking for direction from the Planning Commission regarding an amendment to the review process of Conditional Use Permits. Ab(<) P-'1''t'g(zt-1��i Beth Handrich Planning Intern is\commdev\boaa-pc\1997\jun19\revprcup.doc iy t CITY OF SHAKOPEE Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan,Parks and Recreation Director Subject: Park Dedication Study Proposal Date: July 1, 1997 Attached is a proposal from Ingreham and Voss. Jeff Shoenbauer of Brauer and Associates called to apologize for not being able to meet the July 1, 1997 deadline to submit a proposal in writing. However, Mr. Shoenbauer stated the Council could indeed adopt the new park dedication requirements and follow- up with a study later. He also noted it is vital for the City to develop a comprehensive park,recreation and open space planning study fust in order to develop a good park dedication policy. Mr. Shoenbauer stated the comprehensive park,recreation and open space study would take about 6 months to complete. The costs would range anywhere from$20,000 - $40,000 depending how detail the plan will be. INGRAHAM & VOSS , INC . land Use Planning&Design City Planning Landscape Architecture Park Planning July 1, 1997 Mark McQuillian Parks& Recreation Director City of Shakopee 1255 Fuller Street Shakopee, MN 55379 Re: Park Dedication Study Dear Mark and Members of the City Council: On behalf of Ingraham& Voss Inc., I am pleased to submit this proposal to conduct a Park Dedication Study for the City of Shakopee. Park dedication policies are a fundamental tool for acquiring and building community park systems. Due to recent Supreme Court cases, the legal framework for dedication requirements is changing. Park dedication ordinances must balance park land and fiscal needs with a demonstrated relationship to the type of subdivison and it's use of the park system. I recently completed a new park dedication policy and ordinance for the City of Bloomington. The ordinance, which added a new commercial-industrial dedication requirement, was adopted on June 2, 1997. A copy of the Bloomington ordinance and a summary memo is attached. The goals of the Bloomington ordinance update were: r Revise the residential park dedication requirements to meet recent Supreme Court case law (Nollan and Dolan cases). • Add a defensible and reasonable commercial-industrial park dedication requirement. • Create a reasonable and sound relationship between the dedication requirements and the proposed subdivision's use of the park system. Based on review of Shakopee's proposed ordinance and discussions with you and Jim Thompson, Shakopee's goals and issues seem similar to the Bloomington situation. 7373 West 147th Street Suite 140 Apple Valley, MN 55124 (612)431-4401 leleanane (612)431.4602 iacvmde Shakopee Park Dedication Study 2 Ingraham&Voss Inc. July 1, 1997 Ingraham&Voss also prepared park dedication ordinances for Eagan, Apple Valley, Inver Grove Heights, and Rice County. In addition, we are preparing comprehensive park system plans and facility analysis for Dayton, Afton, Mounds View,New Brighton, Shoreview and Arden Hills. We bring a sound base of city planning and park and recreation experience and familiarity with the legal and practical-issues surrounding dedication requirements to the Shakopee study. We are committed to providing the highest quality service at a reasonable rate. We look forward to working with you on this exciting project. If you have any questions about the proposal contact Greg Ingraham at 431-4401. Sincerely, • -/ Greg Ingraham, AICP Principal Planner and Landscape Architect Shakopee Park Dedication Study 3 Ingraham& Voss Inc. July 1, 1997 Shakopee Park Dedication Study Project Approach . In response to the park dedication issues facing Shakopee, we prepared two alternative approaches. One addresses the immediate need for analysis and recommendations for commercial-industrial park dedication requirements. The other is a more comprehensive analysis of city-wide park needs through preparation of a Comprehensive Park System Plan. Park dedication policies and ordinances would then based on that city-wide plan. Alternative One - Commercial-Industrial Park Use: Analysis and Dedication Recommendations The proposed Shakopee ordinance revises the residential dedication requirement to create a proportional relationship of one acre of park land for every 75 residents. The non-residential (commercial-industrial) section of the ordinance revision still retains a 10% land or equivalent fee dedication requirement. In general, the 10% requirement does not provide the rational relationship between park use and dedication requirements that is desirable under the Dolan and Nollan cases. In order to determine the non-residential park use and future park needs, we propose to analyze existing commercial- industrial based park use in Shakopee (adult recreation leagues, facility reservations, estimates of informal use, etc.). The acquisition and development costs for existing park facilities will be determined. A forecast of future park capital needs will be prepared. That analysis will form the basis for preparation of a non-residential park dedication policy and ordinance. The recommendations will based on assigning a proportional cost to non-residential development based on their use of the park system and it will be designed to meet the legalproportional relationship tests. This alternative is estimated to take four to five weeks to complete and will cost $3,950.00. The end products will be a study report documenting the research and the process for calculating the proportion of non-residential park use and a draft park dedication ordinance ready for public review. Alternative Two - Comprehensive Park System Plan and Park Dedication Recommendations This alternative has two parts and meets multiple city goals and needs. The first task is preparation of a Comprehensive Park System Plan. This plan will help guide the location and development of future parks and will aid in land acquisition and capital budgeting. It will also meet the Met Council requirement for the park element of the 1997-98 city-wide Comprehensive Plan update. The Park Plan will include an analysis of the existing Shakopee Park Dedication Study 4 Ingraham& Voss Inc. July 1, 1997 park system, park and recreation facility goals and objectives, demographic forecasts, park needs (by park type), a city-wide park master plan, and development and facility cost estimates. The park dedication policy and ordinance would follow naturally from the Comprehensive Park Plan. The Park Plan will establish the cost and nature of the park system and will also include an analysis of population and employment demands. The park dedication policy can be based on that system-wide information and can assign a proportional share of the system cost based upon the city's development forecast. A park dedication ordinance would be based on the policy and the Park Plan and would meet all the legal and policy requirements. The cost for preparation of the Park System Plan and for preparation of a park dedication policy and ordinances based on that Plan is estimated at $6,900.00. The work can be completed within four months and can be integrated with the rest of the work on the city Comprehensive Plan update. The end products will be a City Comprehensive Park and Open Space Plan, which also serves as the park element of the overall Comprehensive Plan, a park dedication policy which explains the rationale for calculating park land and fee requirements and a draft park dedication ordinance suitable for public review. Qualifications and Experience Ingraham& Voss, are experienced city planning and park planning consultants who have: • Extensive experience in park dedication ordinance preparation. (Bloomington, Eagan. Apple Valley, Inver Grove Heights, and Rice County). • Expert project management and public participation skills. • Prepared Comprehensive Pians, park neeas analysis ana recreation racuity torec � [Apple Valley, Bloomington. Dayton, Eagan. Inver Grove Heights, Mounds View, New Brighton, Shoreview and Rice County). • Park and city planning experience. Registered landscape architects (State of Minnesota) and Certified Planners (American Institute of Certified Planners). •, iviumcipai park experience (rormer Director of rams, urrY of rrvv wiy. See the attached firm description, resume and client list for further information regarding our qualifications. Summary • We are excited about the opportunity to work with the City of Shakopee. Our professional experience and background in city planning, and park planning are well suited to needs of this project and our recent work on the Bloomington park dedication ordinance will benefit the City of Shakopee. This is the type of project we want to be involved with and we hope you select us to do the work. We guarantee your satisfaction. c T L L _ v ? o c a ci . c`a c •-• ce c CA ami c c v :-..0 o c a- P •c ^ ca ^ U ` 0 y y fl. 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't? •" 0 gm, ler n - '= C/1 °- v ca - 004 C3 M -J J = C/� 4: > �= >cC Cl..) O, v . O O et ' co � E Ca Q c N C) ^ U O „ v ,L.. C ca G'V 5 CO2 > t15 " n ' O 3 O v li �' ~ N C cilL3 Uj C� = Ca MN Z tam p J9 .o o as ai W C Z z o,'> cc 3 c61 �a :r •N So. INGRAHAM & VOSS , INC . Land Use Planning&Design City Planning landscape Architecture Park Planning FIRM DESCRIPTION Ingraham& Voss is a full service planning and design firm offering consulting services to Minnesota cities. The firm specializes in park planning, comprehensive planning, zoning ordinance preparation, and landscape architecture. Ingraham& Voss is a dynamic organization which emphasizes creative solutions and personalized services at reasonable rates. The firm was founded by Greg Ingraham and John Voss and employs three staff members. The firm's two principal planners have extensive experience working as staff and consultants to cities. In addition to our solid technical skills, we take pride in creating a strong communication link between the client, citizens, businesses and our planners. Excellence in communication is one of the most important attributes in today's complex and multi-faceted planning environment and leads to PARTIAL CLIENT LIST CITY OF BLOOMINGTON, MINNESOTA(Comprehensive Plan update,zoning ordinances,site and development plan review,park planning and financing,etc.) RICE COUNTY, MINNESOTA(Comprehensive Plan,zoning,shoreland and subdivision ordinances) CITY OF INVER GROVE HEIGHTS, MINNESOTA(Comprehensive Plan update,zoning ordinances, development review,etc.) CITY OF AFTON, MINNESOTA(Comprehensive Plan update,zoning ordinances,development review, historic vallage plan.) CITY OF DAYTON, MINNESOTA(Comprehensive Plan,zoning ordinances,critical area plan , historic village redevelopment plan,development review,etc.) CITY OF APPLE VALLEY, MINNESOTA(Comprehensive Plan,zoning and subdivision ordinances.) CITY OF EAGAN, MINNESOTA(Comprehensive Plan update,zoning ordinances,development review.) I-494 JOINT POWERS BOARD(Transportation planning for Bloomington,Eden Prairie, Edina,Richfield and Maple Grove,Minnesota) CITIES OF SHOREVIEW, NEW BRIGHTON, MOUNDS VIEW AND ARDEN HILLS(Comprehensive park and athletic facility inventory and needs analysis.) AWARDS AND AFFILIATIONS Minnesota Planning Association Award"Excellence in Planning"-Northwest District Plan American Institute of Certified Planners Registered Landscape Architect,State of Minnesota National and Minnesota Recreation and Park Association American and Minnesota Planning Association Dakota County Board of Commissioners 1980-1988 1373 West 147th Street Suite 140 Apple Volley, MN 55124 (612)431-4401 'eieara•e 612)431.4602 'JCS-r'te Ingraham&Vass,Inc. (612)431-4401 7373 West 147°St. Suite 140. Apple Valley,MN 55124 FAX43I-4602 Greg Ingraham Experience 1996-present Ingraham&Voss, Inc. ' Park Planner and Landscape Architect Provide consulting park planning and design services to public and private sector clients. Focusing on comprehensive park and trail system plans,master plans,facility needs analysis,site design and construction drawings,landscape architecture,park dedication ordinances,citizen involvement,and community public opinion surveys. Specializing in creative solutions and personalized service. 1990-Present University of Minnesota Lecturer-Urban Studies Department Teach land use planning,part time. Developed and taught,Making Planning Wort, Linking Land Use and Transportation Planning, and Suburban Growth Management. 1985-1996 City of Bloomington,Minnesota Manager of Parks and Recreation Senior Planner 1979-1985 Assistant Planner City of Eagan,Minnesota Landscape Architect Urbanscope Planning and Design,Inc. Education&Affiliations Masters of Business Communication,University of St.Thomas School of Management. Bachelors of Landscape Architecture, University of Minnesota. Certified member of American Institute of Certified Planners(AICP). Registered Landscape Architect(CLARB national certification). American and Minnesota Planning Association. National and Minnesota Parks and Recreation Association. Accomplishments Acquired and administered over$2.5 million in grants(ISTEA bikeways,Bush Lake Beach redevelopment, Pond-Dakota Mission Park and Mall of America transit center). Managed the Bloomington Park Facility Needs and Financing Study,which resulted in commitment of$4.1 million for park capital renovation projects. Managed the Bloomington Parks Department,consisting of 150 staff members,an annual budget of$2.9 million and a capital budget of$1.5 million. Directed 60 recreation programs and coordinated services for 93 parks encompassing over 3,500 acres. Prepared Comprehensive Plan updates for Dayton,Eagan and Bloomington,Minnesota. Supervised the Northeast Bloomington master plan and redevelopment study. ORDINANCE NO. 97- 23 it AN ORDINANCE REVISING TUE CITY'S PARK DEDICATION ORDINANCE The City Council of the City of Bloomington hereby ordains: Section I. That Chapter 16 of the City Code is hereby amended to read as follows: *** CHAPTER 16 LAND DEVELOPMENT AND PLATTING ARTICLE L SUBDIVISION REGULATIONS SEC. 16.09. FINAL PLAT APPROVAL. * (2) At the time of submission of the mounted copies of the final plat. the following additional requirements shall be completed: * (B) Park Donation. [(i) Rzsidcntial Subdivisions. ft is hereby found and declared th public-for public u for parks, play`-o ds put& agcn ;pace, or:,torn water holdiaa areas or ponds. .As an alters c, the s ider may onnibutc an amount in lase& of tha tiaa4 plat. (II) Exception for Ou:lots. 'n any :ubdivisions whiclxq ifsclude a ..ens. e ;ub i;-i4er:Bay pia :o :he City :en perccn: cf:he !and for:.`.c cnt'iro� sub4-i ion, Inck:di :he 'a w' :he ourlots, or:en percent of:Le value of:hc Land requirement for that area:hall be applicable if not previously (ii) Corninerc . ':du.trial, or Other Subdivisions. - a g_neral rale, +ha(.7.7,-_hall noi requi:e-?arL deflation in eorrr:er:ial. .nd asTrie!. :r other aorzesideatiod a:.':ere in :arkcer.. :owzv . the Cy Ea :rc _ d2em : it in the public intzre. :o requirer.rtdCtiaLicr. ~af: _uca :? at :Jquiro dedication of an zneount of."and eruaal in value :o r,,e percent Jf-.he ..-.:-developed 'and pre f oocd :o•be subdivided. Said deny:cd? '.ane._ :hale Sc :z_z:;ed for; c Lie s parizz, plan`our_ds, pubs open : Naca or s:z.^ • ater':o u arc= or pond:. Jr any az n:cint in ca h equivalent to :'':c ':nuc: of:he !and :_wiredC: by :J JC dedicated .'...c.'z. Cash doc.n:iens cp,'v for :.`e accuisi:ioc ar dei ei pnlen: :=.and for r ?Iaycua:ds. public ,pen :r sta-:: ' :.r':cidi^ yporNic. be .= .�e :0 r�•- :- a r_ t 2 Ci CJLnCii. : er:JV:. nd :eC^j"2h LC::Gf�r't' �1 ^iga r- -:. isciC . anise one :r -:or_ cf:.`e 3i1o«•:n_ - r of :e:: 7• .`_:. .;r :f:he :and prepora. :o : titin prz<-ioU:'; ciznated :c i .C_ an :n ^d o _.:2 of C: �, r.- :�: .�..: rcr,€::zd :o ad cin_ ;-.park er _cacti arcs; Tact ;rceenv a.:ti :he C:- C'our-cii :7.n da :L:r:..c r ^d;r children :rterKiin_ :`ti _chce. <r.L'i;\3\ :or-der open ..-.1- ace ._ pus:. . : the: pari;::F_ : surface ranc.. .:err: :' z .nd-: bf vi d _cu e Jr aid :o water proper.-y proposed -' en: :3 a :e` ' ict :-rid :hat an from _u:a; or ..alta arc: '•:i; h are :_a abl-y Fcc2_ablc 'afr: an:; of:he �: ?Z2itTzd or:cndit:onal acs .-rich :Lei.i z : � -:he : :a be subdivided: or The 'ani prepoccd :c `t: subdivided .:ontainn r borders apOii :ope-arap'nical. feaa:Fec .nc'u'dit3_ Jll sot limited :o ponds. !antis. 5z-re:ans. :irr.c r areas. ` i11_. Jr bluff: •.vhich , ceer\•ed and :es`r:ed ail :he ; .:Lli:. ., prevent fore.:cesc(e hazerde :3c:zaHcna4— njO 7.ent :a '' d2v Iced i z:rd �'-��e. t— s� .�s :�c2d :n:hi:; icie. the :e:-^z :ant calculated of:he 5..nafplat. 1 (i) Findings and Purpose. The Ci(v Council finds that the :'tt preservation and development of parks_playgound.s. and cin space areas within the City are essentiaLto maintaining a healthy and desirable environment for residents and persons employed within the City. and it also finds that the value and attractiveness of residential and commercial/industrial developments to land owners. developers, • _ i •- - • • •v-mac a a , • •v-a jar'. t ve •-• "' vt•- n - - park and open space amenities. The City Council finds that development of land for residential, commercial_ and industrial purposes creates a need for park and recreational land and facilities within the City. The Council finds that residential development creates approximately 90% of this need and that commercial/industrial development creates zpproximately 10% of this need. Minnesota Statutes Section 462.358. Subd. 2b provides that municipal subdivision regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use 3S parks. playgrounds, trails, wetlands. or open space. and that the municipality may aiternative`v accept an equivalent amount it cash, The City Council finds that it is appropriate that each development within the City contribute toward the City's park syste.;i in proportion to the burden it will place upon that system. T'rierefore, these park donation regulations are established to require new developments at the rime of subdivision to contribute toward the City's park vstem in rough proportion to the relative burden they will place upon that system. (ii) Definitions. (I) Development Employees - This term refers tothe approximate number of additional employees that will result from the proposed commercial/industrial development of the land being subdivided. and it is equal to the product of(1) the number of;Quare feet of floor area of the new structural improve rents in_the proposed commercial/industrial development and (2) the average number of employees per 1001) square feet of floor area of the_proposed n;pe of development, accordirg_to the most recent figures of the Metropolitan Council. (Ih Development Residents - This term refers to the approximate number of additional residents that will result from the proposed residential • -vet.• , • -t• L . h i,o c - -d-vi.-• a•. i i ua r. toe r • ) '( ' t•- .. •-- • • -tvr- ••- U, 1, t•- nrn oc-• - . • • d-vele •• ,• (n t, v- _o- number of residents For the tvoe of residential unit in the proposed development, according to the most recent figures of the Metropolitan Council. (III) Per Capitasommercial Share - 10% of the current fair market value of the Cit, -owned parkland and park improvements. according to the most - ' ' ti•• - - r• ('itv ;c ccnr •'vi.- v r - cut -. . 11 0 . e •• e •• •v-. Wi , . r, C1 ...nr.: •v ' r, ••c . -^-, (7t - ) 'r \ :771 11 3 . , (TV) Per Capita Residential Share - 90% of the current fair ..„.• market value of the Cizi-owned parkland and park improvements_ according to the mosi. recent efrimates of the City Assessor, divided by the current number of City residents, according to the most recent figures of the Metropolitan Council. [V Proposed Development - the physical development proposed for the site being subdivided, not including existing structures. (VT) Undeveloped Land Value - the estimate of market value as calculated by the Civ' Assessor of the property included in the subdivision as of the date of approval of the final plat. fiii) Basic Rule. At the time of subdivision of land within the Citv. there shall be dedicated or reserved to the public, for public use for parks. pikvgounds. trails, wetlands, or public open space. land or cash equivalent. equal in value to the proposed e -v- •spe - - • _ • t• tv e• v t- p • e• .ocrI % • t• undeveloped land value of the land being subdivided. The proposed development's proportional share of the City park system (the "development's proportional share" shall be as determined pursuant to paragraph (iv). below. (II) The Ci ' shall have the option as to whether land or cast shall he donated to satisfy the dedication requirement. The cash payments shall be used for the acquisition and improvement of land for parks. pivcrrounds. trails. wetlands. or public open space. or as otherwise provided by statute. To determine the value of the land being_dedicated_ the undeveloped !and value shall he used, !TIP r.n any subdivisions which include outlocs. the subdivider may pay to the Cit' the development's proportional share for the entire subdivision, including the outlots. or the development's proportional share exclusive lf the outfots. When such ourlots are subdivided, the park dedication requirement for that area shall be paid if not previously paid. iv l Calculation of Development's Proportional Share, (D Residential Developments. A residential development's proportional share is :he product of P the Per Capita Residential Share and (2) the number of Development Residents. (ID Commercial/industrial Developments. A commercial/industrial develurrient's oroportional share is the product of I) the Per Capita Commercial Share and 2) the number or'Deve!=nenc EmplQyees. Passed and adopted this 2nd day oflune. 1997. ATTEST: Mayor Secretary to the Council APPROVE City Attorney a Park Dedication Policy Comparison OTHER 80% RES. 90% RES SUB COMM UNIT- 100%RES. 20% C-I 10% C-I 6-2.-`t? • DIVISION EXISTING IES ALT A ALT B ALT C LAND USZ ORDINANCE AVERAGE PROPOSAL PROPOSAL PROPOSAL SF Lot 52,400 5825 53,358 52,688 S3,021 SF/Acre 56,800 52,310 59,400 $7,525 $8,460 INDJAcre 50-8,750 S3,060 SO S5,400 52,700 OFFICE/Acre 50-12,500 S3060 SO S10,530 55,265 • DEVELOPMENT ASSUMPTIONS: S.F. 2.8 Homes/Acre 2.9 Persons/Home S68,000/Acre IND. 13,000 sq. ftbldgJAcre 20 Employees 5175,000/Acre OFFICE 13,000 sq. ftbldgJAcre 39 Employees 5250,000/Acre RETAIL 8,700 sq. ft.bldgJAcre 17 Employees 5250,000/Acre 7,4 Inter-Office Correspondence TO: Mayor, City Council and City Manager FROM: Greg Ingraham, Manager of Parks and Recreation DATE: June 13,1996 RE: Park Dedication Policy- Status Report A staff committee representing the city Legal, Parks & Recreation, Planning and Assessing Divisions was formed to: 1. Review Bloomington's existing park dedication policy in light of the recent Dolan vs. Tigard Supreme Court ruling. 2. Recommend revisions (if needed) in the park dedication requirements and procedures. The group met four times to review the issues and to formulate alternatives. Based on review of the Dolan case and analysis of other community ordinances,the committee selected a proportional value method to determine park dedication fees. That method establishes a per capita and a per employee cost of the park system and assigns dedication fees based on the number of new park users generated by the proposed development. The committee felt assigning a per capita or per employee fee: • Fairly distributes the cost of building the park system. • Meets the relationship requirements of the Dolan case. • Is more equitable than the current method of calculating a percentage of raw land value. Two alternatives were developed. Alternative A establishes a per capita dedication only on new residential subdivisions. Alternative B establishes per capita dedication plus per employee dedication requirements for new commercial-industrial subdivisions. Alternative A - Residential Park Dedication Fees- Proportional Value Method. Establish a per capita cost of the park system and calculate park dedication fees for new residential development based on the number of residents added to the city by development. Bloomington park system value= $100,000,000 Bloomington population= 86,335 $100,000,000/86,335 = $1,158 per person Housing Type Persons Per Household Per Capita Park Fee Per Unit Park Fee Single Family 2.9 x$1,158 =$3,358 Duplex 2.6 x$1,158 =$3,010 Town House 1.9 x $1,158 = $2,200 Apartment/Condominium 1.7 x$1,158 =$1,969 These fees are similar to fees currently collected for new residential construction, but they are based on a per capita proportion of the system value instead of a proportion of the estimated market value of the property. The proposed method is better since it is based on potential use and access to the system rather than land value. Land value is not an indicator of demand or impact upon the park system. The previous land dedication method was appropriate when the city was acquiring land for parks. Now the park system is almost complete, so almost all park dedications are in cash. ALTERNATIVE B - Commercial and Residential Park Dedication Fees -Proportional Value Method. This system is similar to Alternative A except new commercial and residential development would share the proportional park system cost according to their amount of use. Commercial development accounts for approximately 10-30%of Bloomington's active park space use. This alternative assumes 20%of active park use is from commercial users. Bloomington Park System Use=$100,000,000 Bloomington Population= 86,335 Bloomington Employment=74,000 Residential (80%) Commercial/Industrial (20%) Proportion of Park System $80,000,000 $20,000,000 -# of park users 86,335 people 74,000 employees System cost per user =$927/person =$270/employee x average#people/unit x#of employees/1,000 sq. ft. Single Family 2.9 x$927=$2,688 Office* $810/1,000 sq. ft. Duplex 2.6 x $927= $2,410 Retail Industrial* $540.1,000 sq. ft. Townhouse 1.9 x $927=$1,761 Hotel* $270/1,000 sq. ft. Multi-Family 1.7 x $927=$1,576 * Based on Met Council figures for average number of employees per 1,000 square feet of building. Office - 3 employees per 1,000 sq. ft. Retail - 2 employees per 1,000 sq. ft. Industrial -2 employees per 1,000 sq. ft. Hotel - 1 employee per 1,000,sq. ft. ALTERNATIVE C - Commercial and Residential Park Dedication Fees -Proportional Value Method. This system is similar to Alternative B except this alternative assumes that commercial development accounts for 10%of Bloomington's active park space use. Bloomington Park System Use=$100,000,000 Bloomington Population= 86,335 Bloomington Employment=74,000 Residential(90%) Commercial/Industrial (10%) Proportion of Park System $90,000,000 $10,000,000 -# of park users 86,335 people 74,000 employees System cost per user =$1,042/person =$135/employee x average#people/unit x#of employees/1,000 sq. ft. • Single Family 2.9 x$1,042=$3,022 Office* $405/1,000 sq. ft. Duplex 2.6 x$1,042=$2,709 Retail Industrial* $270.1,000 sq. ft. Townhouse 1.9 x$1,042=$1,980 Hotel* $135/1,000 sq. ft. Multi-Family 1.7 x $1,042 =$1,771 * Based on Met Council figures for average number of employees per 1,000 square feet of building. Office - 3 employees per 1,000 sq. ft. Retail - 2 employees per 1,000 sq. ft. Industrial -2 employees per 1,000 sq. ft. Hotel - 1 employee per 1,000 sq. ft. Either alternative can be developed further. Staff is looking for council direction about the general direction of the revision and selection of an alternative. GI/rlka user/profast2/greg/policies/dedicatn/6-12-96.doc i • l. CITY OF SHAKOPEE Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Park Dedication Fee Study Proposal Date: June 26, 1997 INTRODUCTION At its June 16, 1997 meeting,the City Council directed staff to solicit proposals for a study on Park Dedication Fees for residential and commercial/industrial property. Council also requested that staff show a comparison of Shakopee's park dedication fees with those from other communities using the same plat. BACKGROUND Consulting Services Staff contacted two park consulting firms consultants to see if they would be willing to submit a proposal to conduct a study on park dedication fees. The two firms contacted are: Brauer and Associates, Ltd. and Ingraham and Voss,Inc. The proposals are to include 1. Components of the Park Dedication Study 2. Length of time to do the study 3. Costs 4. Credentials In light of the complexity of this issue,neither company had their Park Dedication Fee Study proposals ready before Friday, June 27. They will be placed on the table Tuesday. Park Dedication Fee Comparisons Attachment"A"is a Park Dedication Comparison for the Prairie Village Preliminary Plat consisting of 175 single family residential lots/units. Communities with a double asterisk behind it indicate the unit amount includes a trail dedication fee. ACTION REQUESTED Discuss the need to move forward with a study of park dedication fees or not to do the study and adopt the new park dedication requirements. 9711,41-th Mark J./ cQuillan Parks and Recreation Director .<, PARK DEDICATION COMPARISON FOR PRAIRIE VILLAGE PRELIMINARY PLAT CONSISTING OF 175 SINGLE FAMILY RESIDENTIAL LOTS/UNITS PARK DEDICATION TOTAL AMOUNT OF COMMUNITY FEE AMOUNT PARK DEDICATION FEES Shakopee $700/lot $122,500. Chanhassen** $1466.30/unit $256,602.50 Chaska $1200/unit $210,000. Lakeville** $1,125/unit $196,875. Bloomington $3358/unit $587,650. **Includes trail fees Eden Prairie $1,200,/ 4t' $210,000 Eagan ** $1,192.kvt $208,600 Plymouth $1,300./ofe t $227,500 h:\j ulie\platltrs\pdchart.doc 1: ' :. riJ I I I — Z I..'--j-u___- I n fes-, i �1 , -• ; . „ Ow I I I I W � 4 � ..- .- O . .l t • � W a; r g �o ' iii' no 3 y 1 ., t O \ fig = oo zligE i�- - i '” ''r` 8• htj 12. -. tr.! ` -'-lil.L, `\ a �a3 ... .3 I I d1 ; Ir: N o • 1' - « 0293031 •a w o 'o an OVOH —� • •N301V '—� . N o :'; j' ^• o..a-wII i.. ; off} - it 0 /� :1g. II �; 4. `r gQ e•u'2 "8 , X15ITi •. 'vr ra I. $ -m$ .« s 0 1 •a.a: r •w; Nr = 3y 1$'a &I S �. pONDS.,- -�`'. si 0) ' o; w ' 1 r I r tl +r1 -.8.s"'8 g S a , .cr '. 1 1 a ' $ 1 ' •w° I N o ..-�z $� .'•A 3 V; °•.4I f I ,; M: 6 CI "a""3'I : -----•• ------ '. '�.t 4,O m aA` ',I, /a';A. ' 8 N $; 'N ,.g y l J ^o`ey t .E "s .• s•2"... <.1 ala 41 r a Nr W .�,•:r.n .. 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' I A:a �" � 1 a ' �.� I I ISO- 100 _ 01 100 ALDEN , ROAD .- I, - --6 49 I • • 1 = 100 N., r--n r• rs 100 1 100 ri r► If.... 1__n - _r• -.I.,. --r• I x 111" V 11 ��°r1 3 1III ,..1 'll 11 • +O • I • OI UI A W N5 �1'1 v 01 fJ/ A I_W N ri ri O V o $ 1303.25 I • I I • V ♦1 I I ' ` u -- 1• 1 V IQ I ( G, P •7 1 _ r7• � �4�,y..7-�Ifi� �1 MJ ���f,111� N ; 'O } y; a >R x 311 e•!., l'u o -(�C cc a:1g `1E AAE § N I -.. yA��Pt. r-- -r— —�— ; J 1�lra b m ... m. oN 'N17 °8111 0-1-1.1 Z N 2 -1:1t'SS -''NON 1 I / I 1 I \ let ilmiim i lis, xMRIti I r, -I _ I � : er- IJO}�,NOpZ G Ie P 10N 1°105010 N m I I 88§t t)t)'a•130Ai .IU1 /a/N 400$$ NN NN •+1 mums;TTTT Vu, NNNN ,1a....• .- 1 r•M t.MI MM N r N PRAIRIE V : LACE �'«'~'"`""""'" i - �� •.'.M,«,•,•,f James R. M I, inc: '=r1 ,1 . o .. 1: ;I m o • SHAKOPEE N• «,.1••••1 71 am•.. Ing Ma 1 M 01 "� •'c a A �� I o * PRELIMINA 'Y PLAT 4.0 Ing 1 "M"I • `"" I PLA,...4ERS/ENGINEERS/S/URVEYORS A a ....M.L.I.r M. .• z (Np, \ .r ;u N ,-I r Z FOIi s.,o••1«• o '� nit : : [Z e m W THOMPSON LAND DEVELOPMENT 6 f - ----I 2500 W. CIr.No u. 50111 120• IosfSr11U. IAN 55337 '7 pp nI f f' •N `h • I DIVISION OF U c.HOIAES o..L.13.1.4.9 wDt.• ' $12l19D 60// lot 1906211 O1 1• '" ¢ M?1 WAY7ATA raw) stint':14X1 f;nlAf:N VAI I FY AIN S:+A2(i , .. .. CITY OF SHAKOPEE / • Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Community Center Masonry Contractor- Release of Final Payment DATE: June 24, 1997 INTRODUCTION: The Council is asked to release final payment to JESCO, the masonry contractor for the Community Center Project. BACKGROUND: Since November, the City has been withholding a portion of a final payment to JESCO, while a water seepage problem in the weight room in the northeast corner of the Community Center was to be resolved. For background, in October, 1996, JESCO requested that their final payment be released. However, Council chose to release only half of that, and directed that the final amount be withheld until the water seepage problem was resolved. Greystone Inc.,the project manager, caused to have installed a"French drain" on the exterior of the building,with monies for that paid from the JESCO retainage. As that work was done in November when it was turning cold, it was directed that monies not be released until it was determined this Spring whether the seepage problem was fixed. While the French drain reduced the scope of the problem, a persistent small wet area remained (measuring about 6"x 12"). After discussions in early June, an additional inlet for the French drain was placed. That did not completely solve the problem. In an effort to get the issue fixed, JESCO, at its own cost, installed a sub-floor drain in the weight room. It now appears that the problem is fixed. As of this writing,the only work that remains will be done by Greystone is to reglue the carpet (after the concrete floor patch cures),and do some minor drywall repair. City staff will repaint the small disturbed wall area. That work is expected to be accomplished very soon. BUDGET IMPACT: The attached information from Greystone outlines what retainage remains, and what is being recommended to be released at this time. Note that the reductions for remedial work (showing a net to JESCO of$7824.50)have been made. Greystone advises that$11,369.17 should be made to JESCO. RECOMMENDATION: We recommend that, as the water seepage problem has been fixed,that the remaining retainage for$11,369.17 be released to JESCO. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize release of the final retainage for JESCO, in the amount of$11,369.17. 1A,140, Tc\C ekLai Mark McNeill City Administrator MM:tw CC: Mike Parson Chet Sazinski ro: Mark McNeill City of Shakopee From: Mike Parsons 612-445-4191 6/27/97 8:58:52 Page 2 of 2 GREYSTONE CONSTRUCTION COMPANY 1221 East Fourth Avenue, Suite 110, Shakopee,MN 55379 612 496-2227 445-4191 fax Date: 06/25/97 To: Mark McNeill, City of Shakopee From: Mike Parsons Re: Final payment- Jesco, Inc. Shakopee Civic Center The following information has been assembled with the help of Eileen Klimek in City of Shakopee accounting department. Calculation of final payment,Jesco,Inc. -(bid package 3&4 contract) 203,378.00 Jesco,Inc. contract 257,200. 00 Jesco,Inc. change orders#1 through #4 460,578. 00 Jesco,Inc.adjusted contract amount 460,578.00 Jesco,Inc.total completed&stored 0.00 Jesco,Inc.retainage (439,608.33) Less previous payment 20,969.67 Subtotal (1776.00) Less joint check to Jesco,Inc. /Kerber Tile (7,824.50) Less cost remedial work,water seepage $ 11,369.17 Total due,Jesco,Inc. Costs associated with leaks at stairs,weight room and mechanical room Actual Costs GME Consultants,investigation $1,142.50 Tim's Lawn&Landscaping,drain tile&related work 4,950.00 (2 checks-$4,702.50&247.50) Rainbow,Inc(painting walls) 182.00 Standard Water Control Systems,drainage system&sump 1,300.00 Greystone Construction Co. no charge City of Shakopee,MN staff no charge Carpet replacement,estimate 250.00 Total $7,824.50 Action Jesco submits final application for payment/invoice to City for$ 11,369.17 City Council review&approval Final lien waiver from Jesco,Inc. Payment from City of Shakopee to BNC National Bank of Minnesota c: Chet,Jesco /yh93 rain 1 100 North Main Street Suite 102 • America's museum in motion Ann Arbor,Michigan 48104 Telephone:313.747.8300 providing educational and cultural programming since 1971 Facsimile:313.747.8530 Art in Celebration! Organized by Artrain in cooperation with The Smithsonian Associates and the Smithsonian Institution Traveling Exhibition Service Artrain's 1996 - 1998 national tour is sponsored by Chrysler Corporation Art in Celebration!features a collection of artworks by world-renowned artists that commemorate events of national and international significance since 1972. Commissioned by The Smithsonian Associates, these artworks represent a range of styles and media, as well as a variety of approaches to illustrating a theme or idea. The exhibition is enhanced with photographs of the artists, interactive displays and artists' demonstrations. Artworks in the collection include: *., Fragile Crossing �`r BY LUIS CRUZ AZACETA ..,:•"'/:;/, ✓ .i A r` ---7••,,,a1,---41,'-, „'if; History of Flight f' ,.4.4 ,:. BY LOWELL NESBITT I .. ` +... ct NATIONAL 1 lriti6 4gSEgNc Children with Flowers - •• ' �f�►' -- BY ELIZABETH CATLETT T� f. - I ' luga�: Flowers for a Count ° 4J . Ie. ,,,.•,:.;,:a i r 4, ... �1 ` Country y __. Aa._,_ a__ rteZ., BY MINDY WEISEL Artists featured in The Smithsonian Associates collection: Luis Cruz Azaceta Tomie dePaola Stanley Kunitz Otto Piene Alexander Calder Sam Gilliam Jacob Lawrence Larry Rivers Elizabeth Catlett Nancy Graves Carlo Mejia James Rosenquist Dale Chihuly Philip Guston Lowell Nesbitt Raphael Soyer Gene Davis Richard Haas Vera Neumann Wayne Thiebaud Willem de Kooning Robert Indiana Kenneth Noland Mindy Weisel Willem de Looper Jacob Kainen Georgia O'Keeffe /100 North Main Street rainSuite 106 Ann Arbor,Michigan 48104 America's museum in motion Telephone:313.747.8300 providing educational and cultural programming since 1971 Facsimile:313.74 7.8530 Welcome to Artrain We invite you to "come aboard" the Artrain itinerary as we embark upon our third decade of bringing America's Museum in Motion to communities just like yours. Since opening its doors in 1971, Artrain has welcomed over 2.5 million visitors in thirty-three states. Both rural areas without museums and culturally diverse urban centers can benefit from an Artrain visit because our unique museum-in-a-train facility attracts non-traditional museum audiences as well as established "art lovers". The Artrain functions beautifully as an event in itself to draw people to your area, a companion activity for your community's festival, or a supplement to existing art education programs. A tour of Artrain begins in the audio-visual area with a five-minute video presentation introducing the exhibition items and educational concepts. The tour continues into three gallery cars highlighting a variety of two- and three- dimensional art work; through the museum shop; and ends in the studio car where Artrain's resident artist and local artists demonstrate their skills so visitors can see the creative process unfold. Artrain also has a caboose that serves as an office for the tour staff. The Length of an Artrain Visit A typical Artrain visit lasts four days. However, this varies to accommodate a community's specific needs. Our on-board staff arrives two days prior to Artrain's opening for set-up, volunteer orientation, and an opening reception. Each community selects the exhibition hours that best suit its situation; although we do ask that all times are confirmed with our office. Artrain can be open for any seven-hour block. Community Awareness and Outreach Artrain's exhibitions are designed to appeal to a varied audience; children and adults; people new to museums; as well as more experienced museum visitors. Schools can take advantage of Artrain's educational program. Many of our visitors-especially on weekends-come with their families and discover how much fun a museum can be. A visit to Artrain encourages visitors to explore new cultural experiences after the train's departure. .471 rain Suite 106 Ann Arbor,Michigan 48104 America's museum in motion 1100 North Main Street Telephone:313.747.8300 providing educational and cultural programming since 1971 Facsimile:3 13.74 7.8530 What Artrain Provides Community Handbook A comprehensive, step-by-step, "how to" manual for hosting a successful Artrain visit. This handbook is a compilation of 25 years of planning experience. Promotional Materials A promotional packet is provided, including - sample press releases and PSAs, a video PSA, photographs, ad slicks, newsprint fliers, fact sheets, Artrain logos and color posters to help you effectively promote Artrain's visit in your community. Educational Program If Artrain's visit is scheduled during the school year, Artrain provides educational packets for all participating classes. The educational packet serves as an introduction for teachers and students to some of the objects in Artrain's current exhibition. It also offers ideas for related activities • teachers can work into their curriculum that complement the themes of the exhibition. Guide Training All volunteer gallery guides will be given special training to acquaint them with the exhibition, along with a catalog which details each item in the exhibition. Railroad Scheduling Artrain coordinates all rail movements necessary to transport Artrain to your community. However, acquiring permission to use a 400 foot siding is the responsibility of the community. Professional Care Artrain's experienced staff is available to provide professional assistance for you every step of the way in planning your Artrain visit. //ft 1 100 North Main Street rain Suite I06 Ann Arbor,Michigan 48104 America's museum in motion Telephone:313.747.8300 providing educational and cultural programming since 1971 Facsimile:313.747.8530 What You Will Need for an Artrain Visit Program Fee 0 The program fee for a foyr-clgrArtrain visit is.17960 ,goon. Site Preparations 0 Written permission must be obtained from the site owner and/or local train master for the use of a local railroad siding at least 400 feet in length. If necessary, we ask that your community provide site clean-up, walkways, rubbish removal, and toilet facilities. Commercial Power/Diesel Fuel 0 Artrain requires 3 phase, 208 voltage service. When possible, Artrain does prefer commercial power. However, if you are unable to arrange for commercial power, Artrain has the capacity to run on diesel fuel. The cost of commercial power is approximately$75 - $100 for the visit. If you choose to use diesel power, the train requires approximately 75 - 100 gallons per day. 0 Independent of the power source used during the Artrain visit, we also require a replenishment of diesel fuel before leaving your community. Restrooms 0 There are no restrooms on board Artrain. It is necessary to have at least two restrooms on site. If there is an adequate number of restrooms adjacent to the site, please attain permission to use them during the Artrain visit. If there are not appropriate restroom facilities available on site, you will need to arrange for two portable toilets to be set up for the duration of the Artrain visit. Federal laws require public places to have handicapped-accessible restrooms. Water 0 Artrain requires water to refill tanks in each of the train cars. Artrain uses approximately 50 - 100 gallons of water per day. Fill-up is three times per stop, via a low pressure, standard garden hose connection. Artrain carries 300 feet of garden hose. If the water source is located further than 300 feet from the fill-up points, we ask that you provide additional hose. Liability Insurance 0 General public liability insurance must be obtained by the community in the following amounts: 1) Claims for personal injury or death: $1,000,000 for claims of a single person. 2) For any one occurrence: $1,000,000. 3) For claims in respect to property damage: $1,000,000. 4) Name Artrain as an additional insured on your policy. (continued on other side) 1100 North Main Street 4trainSuite 106 Ann Arbor,Michigan 48104 America's museum in motion Telephone:313.747.8300 providing educational and cultural programming since 1971 Facsimile:313.74 7.8530 Telephone Installation 0 Artrain requires one designated line for the train's security system. Your community is responsible for the cost of installation; Artrain is responsible for long distance service and other related costs. Commercial Housing 0 Artrain requires hotel accommodations of three doubles and three singles for the duration of Artrain's stay in your community. Volunteer Guides and Artists 0 Artrain requires that you recruit local volunteers to serve as gallery guides; and local artists to create and demonstrate their art in Artrain's studio car. Sheetl BUDGET OF ESTIMATED EXPENSES Cash from grant in-Kind donations Program fee: $ 8,000.00 Five day visit Accommodations: $ 1,680.00 $ 1,680.00 Half of the accommodations i.e hotel rooms will be provided by one or more of the hotels in Shakopee Power: Electrical - $ 200.00 City of Shakopee to provide Diesel Fuel (top off) $ 200.00 In process of asking Rahr Malting to provide Portal Restrooms: $ 150.00 $ 150.00 In process of asking Biff's Inc. of Burnsville to provide Telephone: $ 75.00 City of Shakopee to provide Insurance: $ 100.00 City of Shakopee to provide Printing, Advertising and postage: $ 1,000.00 $ 1,000.00 In process of asking Shakopee Valley Printing to provide printing services as an in-kind donation, Shakopee Valley News will be a source of advertisement A portion of printing and advertisement will be provided by the Shakopee, Jordan, New Prague Waconia, and Chaska school districts and Community education programs. Page 1 Z abed 00'9E6'6Z $ :1b101 00.99L'9 $ OO.086'94 $ :S,blolaflS sJnoi iolues pue `uaippuo.►oj Bulsne 00'00b $ :sesuedxe uoi;epodsueil lls►n eql Jo,1 salllnlloe agl alellpoel IPM spounoo lie leoo7 00'006 $ OO.00Z $ awagl uOOMolleH :se!;ini;3d Pd pemej 00.091. $ 00.091. $ ueJppgo.►oj sa►Iddns loefo.►d :sueJ3,spe Jo; sieIJa;ew 00.005 $ ua.►ppgo.►oj sjoefoid 00'OOZ $ 00'008 $ ule.►1 uo sowep jo sjpgs 18613 :s;s!pv 00'005 $ Cole `sluawgseijei) .osi v 00'OOZ $ luawulepalu3 :s;uane Jeelunion pue uoi}deQed Buquad() 'eNsego pue e►uooe4 `enBeid MON `uepJor eodmlegs uI sesseulsnq pue suo►leziueBio Bwpunoiins eta u1U11M pada.►eq Il►M spunj asagl 00.000'6 $ 00.005`E $ :;yfiis uiea; den;oe eq;aoj pepoeu sieue;ew pue siiey3 'some; `s ual 61aa4S CONSENT CITY OF SHAKOPEE I , 1 • Memorandum / TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Resignation of Building Inspector Steven Thorp MEETING DATE: July 1, 1997 INTRODUCTION: Steve Thorp joined the City of Shakopee as a Building Inspector on May 22, 1996. He has accepted a position with the City of Brooklyn Park, and so has tendered his resignation. His last day of employment with the City of Shakopee will be July 11, 1997.. ACTION REQUESTED: Offer and pass motion to accept Steve Thorp's resignation from the position of Building Inspector with regrets and thanks for his fine service to the City. Offer and pass a motion to authorize the appropriate City staff to post the opening for a Building Inspector. R. Michael Leek Community Development Director THORPRES.DOC/RMI., 1 CITY OF SHAKOPEE Memorandum TO: Michael Leek, Community Development Director FROM: Steve Thorp, Building Inspector SUBJECT: Resignation I would like to formally offer my resignation to the City of Shakopee as I have obtained a position with another City. My final day would be in two weeks or July 11, 1997 . I appreciate the opportunity to work for the City and all the fantastic people that work for the City. Thank You, Steve Thorp CITY OF SHAKOPEE / y' ' 1, Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fuller Street Agreement DATE: June 24, 1997 INTRODUCTION: At its meeting of July 1st,the City Council will be asked to enter into an agreement between the Shakopee Public Utilities Commission, Scott County, and the City, regarding cost sharing and easements to be provided as a result of utility relocations in Fuller Street. BACKGROUND: At the June 17th City Council meeting, Council considered information provided by Joe Adams of SPUC regarding utility relocation costs. After reviewing that information, and previous actions by Council,the Council did agree to contribute up to $15,000 for the cost of relocating a Minnegasco gas line currently in the Fuller Street right-of-way. That information was relayed to the County. While the County is still $45,000 over budget for utility relocations,they are appreciative of the City's contribution. (The County will need to amend their construction budget to deal with the overage). In addition to formalizing who picks up what costs, a three-way agreement between SPUC, the City, and the County was directed by the Council to be drafted to identify what easements are to be provided, and to whom, in this process. The City Attorney has provided the attached copy. Given the relatively short length of time to review this, there maybe some changes requested by SPUC or the County that would be reviewed with Council at the July 1st meeting. Note that one other issue,that of amending the City ordinance to allow for the construction of a building over a permanent easement, is being drafted, and will be recommended for consideration at the July 15th City Council meeting. RECOMMENDATION: I recommend that the City be authorized to enter into a three-way agreement with SPUC and the County regarding Fuller Street easements and cost sharing. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize execution of the three-way agreement with SPUC and the County regarding Fuller Street. 1P(64-i2jAkaJ2.ie Mark McNeill City Administrator MM:tw AGREEMENT THIS AGREEMENT ("Agreement") is made as of July 1, 1997, by and among Scott County ("County"), Shakopee Public Utilities Commission ("SPDC") and the City of Shakopee, a municipal corporation under the laws of the State of Minnesota ("City"). RECITALS A. The County is proposing to expand the county offices/courthouse complex ("Project") located in the City. B. In order to facilitate the construction of the Project, the City has agreed to vacate Fuller Street between 4th and 5th Avenues and has agreed to fund the relocation of the gas main in the vacated portion of Fuller Street. C. In order to accommodate the Project, SPUC needs to relocate existing electrical services and to provide new electrical service for the Project. D. The purpose of this Agreement is to set forth the agreement between the parties regarding the cost participation for relocating existing gas main and electrical utilities and the installation of new electrical utilities. NOW, THEREFORE, the County, the City, and SPUC agree as follows: 1. Electrical. (a) Relocation an. L • _ +,e t of istin• aci';es. In order for the Project to proceed, it will be necessary for SPUC to relocate and replace: (1) the two existing main feeders;(2)the existing underground service that provides electricity to the existing county building; and (3) the existing underground service that provides electrical services to other properties. The location of these relocated services are generally depicted on Exhibit A to this Agreement and the location of the replacement facilities is generally depicted on Exhibit B to this Agreement. The County will be responsible for 100% of the costs associated with the relocation and replacement of these facilities . Neither the City nor SPUC shall have any obligation to pay for any costs associated with relocating or replacing these facilities. The County shall grant an easement in a form acceptable to the City and SPUC for the relocated facilities prior to the issuance of a certificate of occupancy for the project and prior to the vacation of the easements for the existing facilities. (b) New Facilities. SPUC has been requested to provide an underground electrical distribution system to serve the Project. Exhibit B to this Agreement depicts the general location of these new facilities that are needed to serve the Project. SPUC 131125160 6Ht55-23 2'd N3Atid '8 Aa3 J n>I 2T:2I 1.6, 42 Nlf will construct and install the underground electrical distribution system to serve the Project. The County agrees to enter into SPUC's standard underground distribution agreement, a copy of which is attached as Exhibit C to this Agreement. During construction of the electrical distribution system, SPUC will cooperate in supplying temporary electrical services to the existing County building. 2. go Main. (a) The City will pay the cost up to $15,000 for relocation and replacement of the existing gas facilities. The County shall be responsible for any additional cost associated with such relocation and replacement. IN WITNESS WHEREOF,the County,the City,and SPUC have executed this Agreement as of the date and year first written above. SCOTT COUNTY By _ -- • — • Its - By Its CITY OF SHAKOPEE By Its Mayor By Its City Administrator By Its City Clerk SHAKOPEE PUBLIC UTILITIES COMMISSION By— Its- 331'125160 yIts— .3T125160 s1155-23 6'd N3At S 5 ACONN3A 21:21 46, 42 Ntlf /YC / AGREEMENT THIS AGREEMENT ("Agreement") is made as of July 1, 1997, by and among Scott County ("County"), Shakopee Public Utilities Commission ("SPUC") and the City of Shakopee, a municipal corporation under the laws of the State of Minnesota ("City"). RECITALS A. The County is proposing to expand the county offices/courthouse complex ("Project") located in the City. B. In order to facilitate the construction of the Project, the City has agreed to vacate Fuller Street between 4th and 5th Avenues and has agreed to fund the relocation of the gas main in the vacated portion of Fuller Street. C. In order to accommodate the Project, SPUC needs to relocate existing electrical ..................... cervicestialifW and to provide new electrical Berviceeiiiies for the Project. D. The purpose of this Agreement is to set forth the agreement between the parties regarding the cost participation for relocating existing gas main and electrical �esfac ti'e and ....:.......:......... ..................... ...................... the installation of new electrical titilit-ie4fiiii . NOW, THEREFORE, the County, the City, and SPUC agree as follows: 1. Electrical. (a) Relocation and Replacement of Existing Facilities. In order for the Project to proceed, it will be necessary for SPUC to relocate and replace: (1) the two existing main feeders; a '(2)the existing underground sab erviceees that provides electricity to the existing county buildingas a:`loop feed; and (3) the existing .:....:............>:.;:.:.........:::..:. underground service that provides electrical services to other properties. The location of these feitik. 1gi *ed : Emsrelocated services eco ar* generally depicted on Exhibit A to this Agreement and the location of the replacement facilities is generally depicted on Exhibit B to this Agreement. ( The County will be responsible for 100% of the costs associated..with the : relocation and replacement of these facilities ` i € r `h I ) above Neither the City nor SPUC shall have any obligation to pay for any costs associated with relocating or replacing these facilities. Exhibit>< to s ...............::............................... 4. <: d'.::::::::::::.:: : . .: : :: :.:::::.�. ::::.::::::::::::::::: :::::::::::::::::.:::::.fix .4.4iois pgou aE.t this Age n nt....ThC Count. ha e n bux :> ar . cif 41rk 0erfoto d y $PUg p€r t AgoOgoot Th*O , JJT125160 SH155-23 (c) The County shall grant an easement in a form acceptable to the City and SPUC for the relocated facilities prior to the issuance of a certificate of occupancy for the project and prior to the vacation of the easements for the existing facilities. (b ) New Facilities. SPUC has been requested to provide an underground electrical distribution system to serve the Project. Exhibit B to this Agreement depicts the general location of these new facilities that are needed to serve the Project. SPUC will construct and install the underground electrical distribution system to serve the Project. The County agrees to enter into SPUC's standard underground distribution agreement, a copy of which is attached as Exhibit GD to this Agreement. During construction of the electrical distribution system, SPUC will ming. 2. Gas Main. (a) The City will pay the cost up to $15,000 for relocation and replacement of the existing gas facilities. The County shall be responsible for any additional cost associated with such relocation and replacement. IN WITNESS WHEREOF, the County, the City, and SPUC have executed this Agreement as of the date and year first written above. SCOTT COUNTY By Its By Its JJT125160 SH155-23 t CITY OF SHAKOPEE By Its Mayor By Its City Administrator By Its City Clerk SHAKOPEE PUBLIC UTILITIES COMMISSION By Its JJT125160 SH155-23 CONSENT CITY OF SHAKOPEE /1. C . "— , Memorandum 1 TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 4th Avenue and Canterbury Pointe Storm Sewer Agreement DATE: July 1, 1997 INTRODUCTION: Attached is an agreement between the City of Shakopee, Cottage Homesteads of Shakopee, Inc., and U.S. West Communications for the cost sharing of a storm sewer on 4th Avenue. This was previously discussed at the June 3, 1997 City Council meeting, with the approval of the City Attorney to prepare an agreement for the cost participation of this storm sewer. BACKGROUND: • Canterbury Pointe Subdivision was to construct a drainage ditch to accommodate its storm sewer outlet on it development. Late last fall, it was discovered that this regrading of the ditch along 4th Avenue would require a major U.S. West fiber optic cable to be relocated. Staff has met with representatives from U.S. West and Cottage Homesteads of Shakopee, Inc. to work out a cost sharing agreement which was presented to City Council at the June 3, 1997/City Council meeting. At that meeting, Council approved the motion to direct the City Attorney to prepare an agreement for the storm sewer installation along 4th Avenue, and to include a cost sharing arrangement between the City, U.S. West and the developer for Canterbury Pointe. An agreement has been prepared and is a three way agreement between the developer, City of Shakopee and U.S. West Communications. Staff is recommending approval of this agreement, since U.S. West is reimbursing 40% of the actual project costs for this storm sewer installation. If this storm sewer pipe was installed in the future, that 40% cost would be paid by the City of Shakopee. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the agreement for the storm sewer installation along 4th Avenue between the City, U.S. West Communications and Cottage Homesteads of Shakopee, Inc. 2. Do not enter into the agreement. 3. Table this item for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as the storm sewer system for this area is ultimately needed and also due to the fact that U.S. West is participating in the cost of the storm sewer system. ACTION REOUESTED: Make a motion to authorize the appropriate City officials to execute the agreement for the storm sewer installation along 4th Avenue, between the City of Shakopee, U.S. Communications and Cottage Homesteads of Shakopee, Inc. ruce Loney Public Works Director BL/pmp STORM JUN-25-97 09:SS FROM:KENNEDY & GRAVEN 1D:5123379310 PAGE 2/3 AGREEMENT THIS AGREEMENT, Made and entered into this 1st day of July 1997, by and between the City of Shakopee,a municipal corporation organized under the laws of the State of Minnesota ("City"), Cottage Homesteads of Shakopee,Inc_, a Minnesota corporation,("Developer")and US WEST Communications (US WEST). WITNESSETH: WHEREAS, the City and the Developer have entered into a Developer's Agreement ("Developer's Agreement")dated November 10, 1995 relating to Canterbury Pointe Subdivision; and WHEREAS, under the terms of the Developer's Agreement the Developer was to construct a ditch to accommodate storm sewer outlets; and WHEREAS, during the construction of the ditch the Developer discovered that in order to regrade the ditch a major US WEST fiber optic cable would need to be relocated; and WHEREAS, the City, US WEST, and the Developer desire to set forth the terms under which the Developer will construct a storm sewer system,at an estimated cost of$40,500, so that the US WEST fiber optic cable will not need to be relocated; NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. The Developer agrees to design and install, in accordance with plans approved by the City, a storm sewer along 4th Avenue to serve the Developer's property and surrounding properties. 2. The Developer agrees to pay 30% of the actual project costs and also agrees to supervise construction and installation of the project at its own expense. 3_ The City agrees to reimburse the Developer for 30%of the actual project costs and also agrees to inspect the construction at its own expense. 4. US WEST agrees to reimburse the Developer for 40%of the actual project costs. 5. In consideration for the City not requiring a financial guarantee for the Developer's portion of the costs, the Developer agrees that the City may withhold occupancy permits for the last two buildings to be constructed on the Developer's property until the storm sewer has been constructed and all amounts due under this Agreement have been paid in full. 6. Nothing in this amendment is intended to amend, alter, or supersede any of the J'JT325059 SH155-23 JUN-25-97 OS:56 PROM:KENNEDY & GRAVEN ID:6123379310 PAGE 3/3 • provisions of the Developer's Agreement, except as expressly stated. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the day and year first above written. DEVELOPER: Cottage Homesteads of Shakopee, Inc. By Iti By Its CITY OF SHAKOPEE By Mayor By City Administrator By City Clerk US WEST Communications By J.P. Boentges Jm2$Q$ SM155-23 /Y.c . 3 . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Maras Street Improvement Project No. 1996-4 DATE: July 1, 1997 INTRODUCTION: This item is to considering awarding the bid for Project No. 1996-4, Maras Street Improvement Project. BACKGROUND: On July 16, 1996, City Council approved Resolution No. 4468, a resolution ordering the preparation of plans and specifications for Maras Street, from 13th Avenue to County Road (C.R.) 18. On April 15, 1997, City Council approved Resolution No. 4652, approving the plans and specifications and ordering the advertisement of bids for the Maras Street Improvement Project. This project was initiated by City Council in order to construct a public street to industrial properties in the east side of Shakopee from C.R. 18 to the Savage City limits. A June 3, 1997 bid opening was held, bids were tabulated and are as follows and as shown on the attached resolution: Ryan Contracting, Inc. $464,815.99 Vi-Con, Inc. $494,399.12 Barbarossa& Sons, Inc. $501,164.58 Northwest Asphalt, Inc. $590,131.04 After tabulating the bids, the low bid received was from Ryan Contracting, Inc. with Vi- Con, Inc. the second low bidder. In the contract documents in the invitation for bids, it states that the City Council of the City of Shakopee reserves the right to reject any or all bids, to waive any defects or technicalities in bidding and to determine if the bid is responsive or non responsive. City Council further reserves the right to make the award to the lowest and most responsible bidder as determined by the City Council. Also attached is a cost comparison for assessment purposes on the project from the two lowest bids received. City staff did a breakdown of costs that would be assessed to the property owners and costs that would be paid by the City for its trunk storm water facilities. These costs are summarized as follows and do not include right-of-way costs: Contractor Bid Total Assessment Total Citv's Share Ryan Contracting $581,019.99 $405,546.50 $175,473.42 Vi-Con $617,998.90 $457,844.78 $160,154.06 Note: These costs include the indirect costs of 25% for engineering and administration costs. The estimated right-of-way costs that would be included in the assessments at this time is $43,700.00 of right-of-way acquisition. The indirect costs to obtain these easements is estimated at 2% bringing the total right-of-way acquisition costs to $48,944.00. The total estimated assessment costs for this project is $48,944.00 (right-of-way acquisition costs) plus $405,546.50 (project costs) including engineering and administration bringing the total assessed costs to the project at $454,490.50. The feasibility report totals for assessments was estimated at $409,374.06 which includes right-of-way costs. Based on these costs, the bid received with the right-of-way costs is approximately 11% higher than the feasibility estimate. As of June 23, 1997 the City has taken possession of the easements necessary to construct the improvements. ALTERNATIVES: 1. Accept the low bid and adopt the resolution awarding the contract to Ryan Contracting, Inc. 2. Reject the low bid and award the bid to another bidder. 3. Reject all bids and rebid. 4. Table for additional information. RECOMMENDATION: Based upon the City Attorney's opinion, the City Council must either award the contract to Ryan Contracting, Inc. or reject all bids and rebid the project. Staff would like to point out that if this project is rebid, a new public hearing would need to be held as the State Statute requires that a 429 Special Assessment Project must have a contract awarded within one year from the date of the project being ordered, which was July 16, 1996 or a new public hearing must be held. ACTION REQUESTED: Offer Resolution No. 4678, A Resolution Accepting Bids on Maras Street, from 13th Avenue to County Road 18, Project No. 1996-4 and move its adoption. 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S I 11010§ ,thlIg '04 $ m N SSSSSS 88088 IV11 yy V ow N 8 O o w o N• 882888 88888 g r� 1 oir"SN$125 0$00l� 3 t 0 8 8888,8 88888 ti +woo O oN+o 8; P 8888 88888 gg -4 -10 �g lOma00 Wow 8 2 8 888888 88288 p - P 0+°w iS 40wow 882888 88888 gl • 4� Aw 0 A 0 000 NN N OOog O a $ P3 888888 88888 o 1 O o+woo 25 or'3, +o5 882888 88888 o s g N S'Z 4p1 m+ S 44 Ps O< 0 8 o L 8 0 0 21084. 8 2 a81 888888 88888 RESOLUTION NO. 4678 A Resolution Accepting Bids On Maras Street, From 13th Avenue To County Road 18 Project No. 1996-4 WHEREAS, pursuant to an advertisement for bids for Maras Street, from 13th Avenue to County Road 18,Project No. 1996-4, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Ryan Contracting, Inc. $464,815.99 Vi-Con, Inc. $494,399.12 Barbarossa& Sons, Inc. $501,164.58 Northwest Asphalt, Inc. $590,131.04 AND WHEREAS, it appears that Ryan Contracting, Inc., 8700 13th Avenue East, Shakopee,MN 55379 is the lowest responsible bidder. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,NIINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Ryan Contracting, Inc. in the name of the City of Shakopee for the Maras Street Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk CONSENT CITY OF SHAKOPEE Memorandum 14 C• Y• TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Purchase of Make Up Air Unit and Heater for Wash Bay DATE: July 1, 1997 INTRODUCTION: This item is to review the quotes received for the purchase of a make up air unit for the Public Works garage and natural gas heater for the wash bay. BACKGROUND: In the 1997 Budget, under the Shop Division in the Public Works Department, a make up air unit was budgeted for the Public Works garage. A make up air unit is a recommended ventilation component, to replace air being exhausted to meet the code requirements for acceptable air quality in a work environment. Quotes were solicited from nearby mechanical contractors to provide a make up air unit that would meet the current code requirements, and also for a natural gas heater unit for the wash bay to prevent freezing of this area during the winter months. The quotes received are as follows: Contractor Amount Associated Mechanical Contractors, Inc. $12,995.00 Ries Heating and Sheet Metal $15,783.25 The budgeted amount for these mechanical additions to the shop area in the Public Works building was $14,000.00 in the building maintenance account in the Shop Division. Staff would recommend that the City Council approve the quote received from Associated Mechanical Contractors, Inc., in the amount of$12,995.00. Staff would also like to point out that a separate quote needs to be received for the electrical work to provide the wiring for the controls for this unit and the heater. The electrical work is estimated to be no more than$1,000.00. ALTERNATIVES: 1. Accept the quotation from Associated Mechanical Contractors, Inc. in the amount of $12,995.00 for the make up air unit and heater unit for the Public Works Shop area. 2. Accept the quotation from Ries Heating and Sheet Metal in the amount of$15,783.25. 3. Direct staff to obtain additional quotations. 4. Table for additional information. RECOMMENDATION: Based on the quotations received, the Public Works Department recommends Alternative No. 1, accepting the quotations from Associated Mechanical Contractors, Inc. ACTION REQUESTED: Move to authorize the purchase of a make up air unit and natural gas heater unit from Associated Mechanical Contractors, Inc., in the amount of$12,995.00, with the purchase to be paid out of the General Fund Budget in the Shop Division. ARA Bruce Loney Public Works Director BL/pmp UNITS ATTACHMENT NO. 1 City of Shakopee is soliciting bids to add make-up air to the city garage as per outline below: 1) 1 - Modine outdoor roof mounted 80/20 make-up air with the following accessories: a) Horizontal RH - bottom discharge/return air. b) Minimum CFM 6000 at .625 TSP. c) Full insulation. d) Inlet hood with "V" bank filters. e) Motorized outlet damper. f) Factory roof curb 24" high. g) Pillow block bearings. h) 650,000 BTU full modulation gas burner. i) 1 - 5 PSI gas ETL approved with hi-gas pressure switch. j ) Remote panel with maxitrol adjustment and indicator light. k) Timed freeze protection. 1) Factory mounted fused disconnect. m) Modulating fresh air/return air. n) Room static pressure controller. 2) Removal of 1 existing gravity intake with insulated cap in wash bay. 3) Gas piping from existing meter. 4 ) Roofing. 5) Charges to get equipment to roof. 6) All tax and permit fees. ALTERNATE: Add ( 1) 200,000 BTU natural gas fired unit heater to wash bay. r. ED MECH ' TEL ° " ;.`° ;' =5119 May 15 '96 14 :52 No .010 P .01 SSOCIATED mechanical contractors, inc. 1257 Marschall Road, Suite ?04, P.O. Box 237 • Shakopee, MN 55379 Phone:612/445.5100 Fax:612/445-5119 PROPOSAL To City of Shakopee Date y 15, 199$ Attn: Gene Building Cityjaraae Locatic The undersigned hereby proposes to furnish for the above building all materials, labor and equipment and perform all work for the Installation Of (1) High Efficiency 80/20 Make Up Air Untt in accordance with the plans, specifications, and addenda prepared by: for the sum of Eleven Thousand Three Hundred Forty Five $11.345.OQ INCLUSIONS: • Please see the attached sheet EXCEPTIONS: Please see the attached sheet Alternate* I'. ,isse. see the attached sheet Add $ THIS PROPOSAL VOID IF NOT ACCEPTED WITHIN THIRTY DAYS FROM ABOVE DATE.. ALL MATERIAL PURCHASED AND ALL LABOR PERFORMED DURING ANY ONE CALENDAR MONTH IS DUE AND PAYABLE ON THE 10TH OF THE SUCCEEDING MONTH. THE PARTIES TO THIS CONTRACT AGREE THAT IF SAID CONTRACT IS NOT COMPLETED BY ANY COST INCREASE OF MATERIALS AND LABOR, SUBSEQUENT TO ABOVE MENTIONED DATE, SHALL BE ADDED TO THE ORIGINAL CONTRACT PRICE. Accepted By By Q.Ql; -4A.004,0 4•^ti.� s (5, 24 HOUR EMERGENCY SERVICE — TED MECH TEL : 1-6 -5119 May 15 '96 14 :53 No .010 P .02 . Page 2 of 2 Shakopee City Garage Inclusions 1. Furnish and install (1) direct fired make up air (80/20) unit to allow replacement air based on exhaust removed to optimize efficiency. NOTE; Garage and wash bay areas are currently exhausting air on a varying 1 quantity and replacement air is being taken in through a gravity intake - untempered. Code requirements today are to replace the air being exhausted with a mechanical source allowing tempering prior to entering the building so as not to create discomfort, freeze the building, cot. The system proposed will track building static pressure and bring in only the amount exhausted, therefore, keeping operating costs down as well as not allowing the building to become pressurized when only part of the exhaust system is running. 2. Gas piping. 3. Roofing allowance of $500.00 included. 4. Removal of existing gravity intake. 5. Hoist charges. 6. Tax & permit. Exceptions Electrical Alternates Add (1) 200,000 BTU gas fired unit heater with forced draft to wash bay. Add $1,650.00 r RIES HEATING & SHEETMETAL 911 CLAY ST. SHAKOPEE, MN 55379 445-5676, OR 445-5725 CITY OF SHAKOPEE 05-09-97 129 SO.HOLMES ST. SHAKOPEE,MN 55379 SHAKOPEE PUBLIC WORKS BID ON MAKE-UP AIR SYSTEM FOR THE CITY GARAGE. TYPE UNIT;; TIGHTEN UNIT ROOF MOUNTED 80/20 MAKE UP AIR,WITH HORIZONTAL DISCHARGE AND RETURN AIR.UNIT CFM AT 6500 WITH MOTORIZED DAMPER SYSTEM. INCLUDES ROOF CURB FOR UNIT,600,000 BTU MODULATION GAS BURNER,WITH MODULATING FRESH AIR.THIS BID COVER THE NECESSARY GAS PIPING TO BE DONE,AND ETC. ALSO HOISTING OF UNIT ROOF WORK AND CONTROLS. NO WIRING OF CONTROLS HAS BEEN FIGURED. BY OWNER. IN WASH BAY; 1-REZNOR FE 200,200,000 BTU NATURAL. BID INCLUDES THERMOSTAT,PIPING OF GAS,HANGING OF UNIT,AND VENTING OF UNIT. NO WIRING OF CONTROLS. ALL PERMIT FEE'S WERE FIGURED. $15,783.25 CONSENT CITY OF SHAKOPEE Memorandum I Y• C . ,5 TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Vierling Drive, from Taylor Street to Presidential Lane DATE: July 1, 1997 INTRODUCTION: Attached is Resolution No. 4694, a resolution restricting parking on Vierling Drive, from Taylor Street to Presidential Lane. BACKGROUND: Vierling is bring designed as a 4-lane State Aid highway with no parking. In order to obtain approval of the construction plans from Mn/DOT and qualify for State Aid funding, the City must adopt a resolution banning parking on this segment of Vierling Drive. ALTERNATIVES: 1. Adopt Resolution No. 4694. 2. Deny Resolution No. 4694. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4694, A Resolution Restricting Parking on Vierling Drive, from Taylor Street to Presidential Lane and move its adoption. 2 .." ---ki- Bruce Loney ty ' Public Works Director RESOLUTION NO. 4694 A Resolution Restricting Parking On Vierling Drive, From Taylor Street To Presidential Lane WHEREAS,the City of Shakopee has planned the improvement of Vierling Drive, from Taylor Street to Presidential Lane; and WHEREAS, the City of Shakopee will be expending Municipal State Aid Funds on the improvement of this highway; and WHEREAS, since this improvement lacks adequate width for parking on both sides of the road, approval of the proposed construction as a Municipal State Aid project must therefore include certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: That the City of Shakopee shall prohibit the parking of motor vehicles on both sides of Vierling Drive, from Taylor Street to Presidential Lane. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997 Mayor of the City of Shakopee ATTEST: City Clerk iy. c . 6- CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Declaring Adequacy of Petition and Ordering Feasibility for East Dean Lake Improvements DATE: July 1, 1997 INTRODUCTION: A Planned Unit Development (PUD) application for the East Dean Lake development and Environmental Assessment Worksheet (EAW) for this development have been prepared and under review at this time. The developers for this project have petitioned the City of Shakopee to construct a collector street for this development, from new County State Aid Highway (CSAH) 18 to future CSAH 21 with sanitary sewer, trunk watermain, storm sewer, streets, streetlights, landscaping and sidewalks. The purpose of this agenda item is to review this petition and for Council to decide whether to order the feasibility report at this time. BACKGROUND: The developers of the East Dean Lake property have submitted a PUD application as well as a EAW application to the City of Shakopee and this project is currently under review. The petitions have been received by staff from the property owner which consist of the following names: Valley Green Business Park, Mpls. Foundation and Shakopee Crossings. The developers have petitioned the City for the improvements of trunk sanitary sewer, trunk watermain extension and a new collector street to serve the development, from CSAH 18 to future CSAH 21. The petitions received do not represent 100% of the property owners affected by this improvement project. The attached map showing the project area and properties shows that one other parcel would be assessed, namely that being the Northern States Power Co. parcel, which was bought by Mn/DOT in conjunction with the Shakopee Bypass Project. The petition received does represent a majority of property owners and is over the minimum of 35% of the property owners necessary for a public improvement project to be initiated by petition. Since the City does not have 100% of the property owners petitioning for the improvement project, the next step in the improvement project process is for the City to declare adequacy of petition and order the preparation of a feasibility report. The developers have prepared a preliminary draft feasibility report which will help expedite the preparation of the feasibility report. Staff will need to review this report and make changes as necessary to fit the City's Assessment Policy and requirements. Due to the Engineering Department's work load and the developer's expectations, it is being recommended that WSB &Associates, Inc. complete the feasibility report. By ordering the preparation of a feasibility report, this does not constitute approval of any kind, thus preparation of a feasibility report can begin for this project if Council so desires. Staff would recommend that the plans and specifications should not be ordered until the EAW comments have been received and a decision on those comments made. Staff would also recommend that the feasibility report be prepared, with the understanding that EAW and PUD comments may cause changes in alignment and roadway sections and could affect the feasibility report cost estimate. Thus, staff would recommend that the feasibility report be brought back to City Council after a PUD and EAW approval has been given to this development. ALTERNATIVES: 1. Move to approve Resolution No. 4696, a resolution declaring the adequacy of petition and ordering the preparation of a feasibility report for the East Dean Lake street collector. 2. Move to authorize the appropriate City officials to execute a consultant extension agreement with WSB & Associates, Inc., for consulting services to complete the feasibility report for the improvements petitioned. 3. Do not approve Resolution No. 4696. 4. Table for additional information. RECOMMENDATION: Staff recommends Alternative No.'s 1 and 2, since the ordering of a feasibility report does not constitute approval of this project. However, it does allow the preparation of the feasibility report to begin and can be completed contemporaneously with the PUD and EAW applications for this development. ACTION REQUESTED: 1. Offer Resolution No. 4696, A Resolution Declaring the Adequacy of Petition and Ordering the Preparation of a Feasibility Report for East Dean Lake Street Collector and move its adoption. 2. Move to authorize the appropriate City officials to execute a consultant extension agreement with WSB & Associates, Inc., for consulting services to complete the feasibility report for the improvements. :ruce Loney / Public Works Director BL/pmp MEM4696 RESOLUTION NO. 4696 A Resolution Declaring Adequacy of Petition And Ordering The Preparation Of A Report For East Dean Lake Street Collector BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. A certain petition requesting the improvement of East Dean Lake Street Collector between County State Aid Highway 18 and the future County State Aid Highway 21, filed with the Council on July 1, 1997, is hereby declared to be signed by the required percentage of owners of property affected thereby. The declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to the City Engineer and the City Engineer is instructed to report to the Council with convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk Va*ViicyGrccn D BUSINESS PARK 3 ON OA, May 30, 1997 Op SSlk� OpA Mr. Bruce Loney Public Works Director CITY OF SHAKOPEE 129 South Holmes Street Shakopee,MN 55379 Re: Petition for Public Improvements East Dean Lake Residential Development Dear Bruce: Enclosed are the new Petitions you requested of us signed by a majority of the benefitted property owners in East Dean's Lake residential PUD. We hope these now meet your requirements and can proceed through the public hearing process. If you have any questions,please call. , Respectfully, VGREEN USINESS PARK R. Albinson Project Director JRA:jmc Enclosures cc: Don Brown- The Minneapolis Foundation(w/encl.) Steve Soltau- Shakopee Crossings (w/encl.) Jim Thompson-Kennedy& Gravens(w/encl.) D:\ShareProjectsTast Dean Lake\Collector Street\ic to BLoney sending Petitions for Public Improvements:wpd 5240 Valley Industrial Boulevard South. Shakopee,MN 55379.Telephone:(612)445-9286. Facsimile:(612)445-9372. E-Mail:vgbp@aol.com CITY OF SHAKOPEE PETITION FOR PUBLIC IMPROVEMENTS 1. The undersigned hereby petitions the City of Shakopee to install the following improvements where noted and to assess them pursuant to Minnesota Statutes Chapter 429: New Collector Street Name to be determined Avenue/Street from New CSAH 18 - under construction to Future CSAH 21 streets/curb/gutter/storm sewer/trunk by watermain extension and trunk watermains/trunk sanitary sewer extension and trunk sanitary sewer/street lights/landscaping and sidewalks (Improvements Requested) 2. The undersigned represents and warrants that it is the fee owner of the property ("Property") described on Exhibit A to this Petition and that the undersigned has the full legal authority and power to encumber the Property. 3. The undersigned requests that the cost of the Improvement Project be assessed against the property. The undersigned understands that the estimated amount of those assessments cannot be determined at the present time, but understands that the assessments will be determined in accordance with the City's adopted assessment policy. 4. The undersigned waives notice of hearing and hearing pursuant to Minnesota Statutes 429.031 on the Improvement Project and notice of hearing and hearing on the special assessment to be levied to finance the Improvement Project pursuant to Minnesota Statutes 429.061 and specifically requests that the Improvement Project be constructed and special assessments be levied without hearing against the Property. 5. The undersigned waives all tights to appeal or otherwise contest or challenge the levy of the special assessment, including but not limited to the right to challenge whether the increase in fair market value resulting from the construction of the Improvement Project is at least equal to the amount of the project cost that is assessed against the Property and that such increase in fair market value is a special benefit to the Property. Any requirements of Minnesota Statutes Chapter 429 with which the City does not comply are waived to the extent that such requirements are not met. 6. The covenants, waivers and agreements contained in this Petition shall run with the Property and shall bind the heirs, successors and assigns of the undersigned. It is the intent of the undersigned that this Petition be recorded as a part of the land records of Scott County,Minnesota. 7. The terms and conditions set forth herein shall terminate upon the final payment of all special assessments levied against the Property regarding the Improvement Project, and the City shall execute and deliver such documents, in recordable form, as are necessary to extinguish its rights contained herein upon receipt of such final payment. 8. The undersigned is voluntarily submitting this Petition and understands that the City is relying upon it as a condition to constructing the Improvement Project. Dated , 10 day MCA.I , 1997. Shakopee Crossings Limited Pa tnership By Nevac, Inc. , its General Partner WISCONSIN By Bruce D. Neviaser, President STATE OF lgalk) (ACKNOWLEDGMENT) COUNTY OF DANE ) On this MA day of MA\/ , 1997 before me, a Notary Public within and for said County, personally appeared 6Rac6 D. A/e Vi,4 5 cR being sworn, did say th ;,st P6itment was executed as their free act and deed. �Aa • • day-46).7__ -r tiVJ '\ Notary 9 e /� 'U���-���J � My Commission Expires: I o?//77 �,��C 9�n' O,OJO nAmO�`: •®!moi peti.sa ®r9v®poO WISC, 7P�Q!!!+w ° .�R�oceBApo,aaetuty From:Steven D.Sokau To:Jon Albinson Date:4128197 Time:5:04:16 PM Page 2 of 2 04/28/97 14:34 $ 8906569 z P.02 PETERS, PRICE & SAMSON . W LAND SURVEYORS, LTD. 12400 PRINCETON AVENUE SOUTH, SAVAGE, MINNESOTA 55378 612-890-9201 • FAX 612-890-6569 The West One-Half of the Southeast Quarter of Section 11,Township 115,Range 22,Scott County,Minnesota, except that part of the West One-Half of the Southeast Quarter of Section 11,Township 115,Range 22,Scott County,Minnesota,lying northerly of the following described line: Commencing at the southwest corner of said West On-Half of the Southeast Quarter;thence North along the west line of said West One-Half of the Southeast Quarter a distance of 992.09 feet to the point of beginning of the line to be described;thence deflecting to the right 94 degrees 13 minutes 30 seconds along the southerly line of the Northern States Power Company's easement to the cast line of said West One-Half of the Southeast Quarter and there terminating. AND The Northwest Quarter of the Northeast Quarter of Section 14,Township 115,Range 22, Scott County,Minnesota, lying northerly of the south 200.00 feet thereof AND Those parts of the East Half of the Southeast Quarter of Section 11,Township 115,Range 22, the Northeast Quarter of the Northeast Quarter of Section 14,Township 115,Range 22,the Northwest Quarter of Section 13, Township 115,Range 22,and the Southwest Quarter of the Southwest Quarter of Section 12,Township 115, Range 22,all in Scott County,Minnesota,described as follows: Beginning at the northeast corner of the Southeast Quarter of Section II;thence South 01 degrees 24 minutes 43 seconds West,on an assumed bearing,along the cast line of said Southeast Quarter,a distance of 2134.73 feel; thence southeasterly 622.14 feet along a non-tangential curve concave to the Soutwest, said curve has a central angle of 15 degrees 40 minutes 07 seconds,a radius of 2275.00 feet and a chord bearing of South 52 degrees 19 minutes 54 seconds East;thence South 44 degrees 29 minutes 51 seconds East,tangent to last described curve,a distance of 753.66 feet; thence southwesterly 200.07 feet along a non-tangential curve concave to the Northwest,said curve has a central angle of 05 degrees 18 minutes 38 seconds,a radius of 2158.53 and a chord bearing of South 45 degrees 24 minutes 22 seconds West; thcncc North 44 degrees 29 minutes 51 seconds West a distance of 754.00 feet;thence northwesterly 567.78 feet along a tangential curve concave to the Southwest,said curve has a central angle of 15 degrees 40 minutes 40 seconds and a radius of 2075.00 feet;thence South 29 degrees 55 minutes 51 seconds West, a distance of 410.85 feet;thence South 00 degrees 09 minutes IS seconds East,a distance of 1064.29 feet to the north line of Scott County Highway Right-of-Way Per Document No.366002;thence westerly along said north line of Scott County Highway Right-of-Way to the west line of the Northeast Quarter of the Northeast Quarter of Section 14;thence North 00 degrees 04 tninutes 33 seconds East a distance of 1110.23 feet along said west line of the Northeast Quarter of the Northeast Quarter,to the northwest • corner of said Northeast Quarter of the Northeast Quarter;thence North 01 degree 14 minutes 47 seconds East a distance of 2635.83 feet along the west Iine of the East One-Half of the Southeast Quarter of Section 11 to the north line of said Southeast Quarter;thence South 89 degrees 43 minutes 35 seconds East,along the north line of said Southeast Quarter,a distance of 1327.08 feet to the point of beginning. Except that part contained in Scott County's Highway Right-of-Way Per Document No. 315591. EXHIBIT "A" , ALTA 1990 OWNER'S FORM CHICAGO TITLE INSURANCE COMPANY SCHEDULE A Policy Number 24-0012- 106-00087 FILE NUMBER DATE OF POLICY AMOUNT OF INSURANCE September 2, 1994 8 1-9495 at 7:00 AM 1. Name of Insured: SHAKOPEE CROSSINGS LIMITED PARTNERSHIP, a Wisconsin limited partnership. 2. A fee simple estate in the land covered by this policy is vested in the insured. 3. The land herein described is encumbered by the following mortgage or trust deed, and assignments: MORTGAGE dated June 29, 1994, filed September 1, 1994, as Document No. 341889, executed by SHAKOPEE CROSSINGS LIMITED PARTNERSHIP, A WISCONSIN LIMITED PARTNERSHIP to SHAKOPEE 500 PARTNERSHIP, A MINNESOTA GENERAL PARTNERSHIP, in the original principal amount of and the mortgages or trust deeds, if any, shown in Schedule B hereof. 4. The land referred to in this policy is described as follows: See attached Legal Description. This policy valid only if Schedule B is attached. ALOP903/95 Schedule A Legal Description Continued File No.: 8 I-9495 Policy Number 24-0012- 106-00087 PARCEL NO. 1: The North one-half of the Southwest Quarter (N 1/2 of SW 1/4) ; and the Southeast Quarter of the Southwest Quarter (SE 1/4 of SW 1/4) ; Section 12, Township 115, Range 22, Scott County, Minnesota. PARCEL NO. 2: The East one-half of the Southeast Quarter (E 1/2 of SE 1/4) of Section 11, Township 115, Range 22, Scott County, Minnesota. EXCEPTING THEREFROM that part which lies within the following description: That part of the Southeast Quarter of Section 11, Township 115, Range 22, and that part of the Southwest Quarter of Section 12, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the southeast corner of said Section 11; thence north 00 degrees 55 minutes 49 seconds east, on an assumed bearing, along the east line of the Southeast Quarter of Section 11, a distance of 759.26 feet to the point of beginning; thence north 72 degrees 18 minutes 32 seconds east, a distance of 40.69 feet; thence north 30 degrees 45 minutes 33 seconds east, a distance of 1 05.02 feet; thence north 24 degrees 53 minutes 39 seconds west, a distance of 147.23 feet; thence north 88 degrees 14 minutes 22 seconds west, a distance of 320.77 the; thence south 24 degrees 18 minutes 39 seconds west, a distance of 137.54 feet; thence south 28 degrees 49 minutes 00 seconds east, a distance of 224.55 feet to the intersection with a line bearing south 72 degrees 18 minutes 32 seconds west from the point of beginning; thence north 72 degrees 18 minutes 32 seconds east, a distance of 250.34 feet to the point of beginning. PARCEL NO. 3: The West one-half of the Southeast Quarter (W 1/2 of SE 1/4) of Section 11, Township 115, Range 22, Scott County, Minnesota, EXCEPT that part of the West one-half of the Southeast Quarter of Section 11, Township 115 North, Range 22 West, Scott County, Minnesota, lying northerly of the following described line: Commencing at the southwest corner of said West one-half of the Southeast Quarter; thence north along the west line of said West one-half of the Southeast Quarter a distance of 992.09 feet to the point of beginning of the line to be described; thence deflecting to the right 94 degrees 13 minutes 30 seconds along the southerly line of the Northern States Power Company's easement to the east line of said West one-half of the Southeast Quarter (W 1/2 of SE 1/4) and there terminating. PARCEL NO. 4: The Southwest Quarter of the Southwest Quarter (SW1/4 of SW 1/4) of Section 12, Township 115, Range 22, Scott County, Minnesota. EXCEPTING THEREFROM that part which lies within the following description: That part of the Southeast Quarter of Section 11, Township 115, Range 22, and that part of the Southwest Quarter of Section 12, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the southeast corner of said Section 11; thence north 00 degrees 55 minutes 49 seconds east, on an assumed bearing, along the east line of the Southeast Quarter of Section 11, a distance of 759.26 feet to the point of. beginning; thence north 72 degrees 18 minutes 32 seconds east, a distance of 40.69 feet; thence north 30 degrees 45 minutes 33 seconds east, a distance of 105.02 feet; thence north 24 degrees 53 minutes 39 seconds west, a distance of 147.23 feet; thence north 88 degrees 14 minutes 22 seconds west, a distance of 320.77 feet; thence south 24 degrees 18 minutes 39 seconds west, a distance of 137.54 feet; thence south 28 degrees 49 minutes 00 seconds east, a distance of 224.55 feet to the intersection with a line bearing south 72 degrees 18 minutes 32 seconds west from the point of beginning; thence north 72 degrees 18 minutes 32 seconds east, a distance of 250.34 feet to the point of beginning. SCHDA4C 3/95 Schedule A Legal Description Continued File No.: 8 I-9495 Policy Number 24-0012- 106-00087 PARCEL NO. 5: The Northwest Quarter (NW 1/4) of Section 13, Township 115, Range 22, Scott County, Minnesota. EXCEPTING THEREFROM that part of the Northwest Quarter of Section 13, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the northeast corner of the Northwest Quarter of said Section 13; thence south 00 degrees 07 minutes 10 seconds east, on an assumed bearing, along the east line of the Northwest Quarter a distance of 505.57 feet; thence south 84 degrees 59 minutes 55 seconds west, a distance of 1250.52 feet to the point of beginning; thence continue south 84 degrees 59 minutes 55 seconds west, a distance of 148.01 the; thence south 32 degrees 31 minutes 16 seconds west, a distance of 230.56; thence south 01 degrees 46 minutes 31 seconds west, a distance of 648.06 feet; thence south 36 degrees 06 minutes 47 seconds west, a distance of 106.52 feet; thence north 75 degrees 33 minutes 09 seconds west, a distance of 305.16 feet; thence south 63 degrees 37 minutes 48 seconds west, a distance of 112.73 feet; thence south 00 degrees 53 minutes 55 seconds east, a distance of 265.77 feet; thence north 89 degrees 59 minutes 02 seconds east, a distance of 137.47 feet; thence north 48 degrees 44 minutes 33 seconds east, a distance of 130.69 feet;thence south 88 degrees 48 minutes 39 seconds east, a distance of 474.14 feet; thence north 21 degrees 28 minutes 39 seconds west, a distance of 267.10 feet; thence north 38 degrees 31 minutes 17 seconds east, a distance of 277.80 feet; thence north 07 degrees 30 minutes 57 seconds east, a distance of 210.16 feet; thence north 77 degrees 50 minutes 57 seconds east, a distance of 121.45 feet; thence north 02 degrees 26 minutes 36 seconds west, a distance of 172.43 feet; thence north 37 degrees 20 minutes 23 seconds west, a distance of 292.20 feet to the point of beginning. ALSO EXCEPTING THEREFROM that part of the Northwest Quarter of Section 13, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the northeast corner of the Northwest Quarter of said Section 13; thence south 00 degrees 07 minutes 10 seconds east, on an assumed bearing, along the east line of the Northwest Quarter, a distance of 1066.78 feet; thence north 89 degrees 09 minutes 30 seconds west, a distance of 227.22 feet to the point of beginning; thence continue north 89 degrees 09 minutes 30 seconds west a distance of 171.63 feet; thence south 20 degrees 22 minutes 18 seconds west, a distance of 338.87 feet; thence south 69 degrees 02 minutes 26 seconds east, a distance of 284.39 feet; thence south 04 degrees 00 minutes 14 seconds west, a distance of 312.51 feet; thence south 58 degrees 51 minutes 14 seconds east, a distance of 56. 15 feet; thence north 38 degrees 43 minutes 59 seconds east, a distance of 254.62 feet; thence north 05 degrees 33 minutes 28 seconds west, a distance of 207.19 feet; thence north 47 degrees 38 minutes 33 seconds west, a distance of 155.80 feet; thence north 06 degrees 03 minutes 58 seconds west, a distance of 249.26 feet to the point of beginning. PARCEL NO. 6: The Northwest Quarter of the Northeast Quarter (NW 1/4 of NE 1/4) of Section 14, Township 115, Range 22, Scott County, Minnesota. PARCEL NO. 7: The Northeast Quarter of the Northeast Quarter (NE 1/4 of NE 1/4) , EXCEPT the west 1 rod, Section 14, Township 115, Range 22, Scott County, Minnesota. PARCEL NO. 8: All that part of the West half of the Southeast Quarter (W 1/2 of SE 1/4) of Section 12, lying westerly of the westerly right of way line of Scott County Road No. 89, all in Township 115, Range 22, Scott County, Minnesota. SCHOA4C 3/95 ALTA OWNER'S FORM SCHEDULE B 2 File No.: 8 I-9495 Policy Number 24-0012- 106-00087 This policy does not insure against loss or damage by reason of the following exceptions: 1. The lien of the general taxes for the 2nd half of the year 1994 and thereafter. "Not yet due and payable: " NOTE: 1st half of 1994 taxes are paid. 2. Special assessments hereafter levied. NOTE: There are no special assessments now a lien against subject premises. 3. Subject to LIS PENDENS dated March 25, 1993, filed March 30, 1993, as Document No. 311246, COUNTY OF SCOTT vs ROGER G. PEARSON, et al. , Court File No. 93-00301. This LIS PENDENS is an action to take fee title of a portion of subject premises by the County of Scott for Highway purposes and to acquire temporary easements for construction purposes. (PARCELS 1, 2 AND 8) NOTE: There is a statement on the Lis Pendens after the temporary easements for construction purposes which states "Temporary slope easement terminating on May 10, 1996. " The document does not list slope easements for the subject premises and does not state a termination date for the construction easements. 4. RIGHT-OF-WAY EASEMENT in favor of GREAT LAKES PIPE LINE COMPANY dated June 17, 1954, filed July 24, 1954, in book 130 of Deeds on pages 437-38. (PARCEL 8) As modified by PARTIAL RELEASE dated March 11, 1958, filed Aaril 2, 1958, in book 26 of Miscellaneous Records on pages 305-07. The interest of GREAT LAKES PIPE LINE COMPANY in said RIGHT-OF-WAY AGREEMENT was conveyed to WILLIAMS BROTHERS PIPE LINE COMPANY by SPECIAL WARRANTY DEED dated March 15, 1966, filed April 4, 1966 in book 169 of Deeds on pages 29-33. 5. RIGHT-OF-WAY AGREEMENT in favor of GREAT LAKES PIPE LINE COMPANY dated July 20, 1954, filed August 14, 1954, in book 130 of Deeds on pages 526-27. (PARCEL 1) As modified by PARTIAL RELEASE dated March 11, 1958, filed April 2, 1958, in book 26 of Miscellaneous Records on pages 305-07. The interest of GREAT LAKES PIPE LINE COMPANY in said RIGHT-OF-WAY AGREEMENT conveyed to WILLIAMS BROTHERS PIPE LINE COMPANY by SPECIAL WARRANTY DEED dated March 15, 1966, filed April 4, 1966, in book 169 of Deeds on pages 29-33. 6. RIGHT-OF-WAY AGREEMENT in favor of GREAT LAKES PIPE LINE COMPANY dated July 14, 1954, filed August 14, 1954, in book 130 of Deeds on pages 524-25. (PARCEL 2) As modified by PARTIAL RELEASE dated June 17, 1958, filed June 25, 1958, in book 26 of Miscellaneous Records on pages 457-59. ALTAOP9 3/95 SCHEDULE B-Continued 3 File No.: 8 1-9495 Policy Number 24-0012- 106-00087 The interest of GREAT LAKES PIPE LINE COMPANY in said RIGHT-OF-WAY AGREEMENT conveyed to WILLIAMS BROTHERS PIPE LINE COMPANY by SPECIAL WARRANTY DEED dated March 15, 1966, filed April 4, 1966, in book 169 of Deeds on pages 29-33. 7. UNCONFINED EASEMENT in favor of NORTHERN NATURAL GAS COMPANY dated October 25, 1939, filed November 25, .1939, in book of Easements on page 99. (PARCEL 3) The interest of NORTHERN NATURAL GAS COMPANY in said EASEMENT was conveyed to MINNEGASCO, INC. by QUIT CLAIM DEED, undated, acknowledged July 27, 1987, filed August 13, 1987, as Document No. 237674. 8. UNCONFINED EASEMENT in favor of NORTHERN NATURAL GAS COMPANY dated October 25, 1939, filed November 25, 1939, in book of Easements on page 98. (PARCELS 6 AND 7) The interest of NORTHERN NATURAL GAS COMPANY in said EASEMENT was conveyed to MINNEGASCO, INC. by QUIT CLAIM DEED, undated, acknowledged July 27, 1987, filed August 13, 1987, as Document No. 237678. 9. EASEMENT in favor of NORTHERN STATES POWER COMPANY dated January 8, 1962, filed February 2, 1962, in book 153 of Deeds on pages 475-77. (PARCELS 1, 2, 3, 4 and 8) . 10. EASEMENT in favor of NORTHERN STATES POWER COMPANY dated April 27, 1964, filed April 27, 1964, in book 160 of Deeds on pages 459-61. (PARCELS 1, 2, 3, 4 and 8) . 11. EASEMENT in favor of NORTHERN STATES POWER COMPANY dated August 20, 1962, filed October 2, 1962, in book 155 of Deeds on pages 353-54. (PARCELS 1, 2, 3, 4 and 8) . 12. EASEMENT in favor of NORTHERN STATES POWER COMPANY dated August 13, 1968, filed August 13, 1968, as Document No. 117738. (PARCELS 1, 2, 3, 4 and 8) . 13. EASEMENT in favor of THE MINNESOTA VALLEY ELECTRIC COOPERATIVE dated August 13, 1951, filed May 10, 1965, in book 165 of Deeds on pages 129-30. As modified by PARTIAL RELEASE dated August 18, 1977, filed October 12, 1977, as Document No. 158533. (PARCELS 5 AND 8) 14. Subject to County Road 89 along the easterly side of subject premises. 15. ORAL MONTH-TO-MONTH LEASE between MAGNUM LAND CORPORATION and VERLYN HANSON, as disclosed by WARRANTY DEED dated August 16, 1977, filed August 16, 1977, as Document No. 157431, executed by MAGNUM LAND CORPORATION to SIMMONS COMPANY. 16. MONTH-TO-MONTH LEASE between GULF & WESTERN REALTY CORPORATION, a Delaware corporation, as lessor, and VERLYN HANSON, as lessee, dated April 1, 1983, the lessor's interest of which has been assigned to Wickes Companies, Inc. , a Delaware corporation, and subsequently assigned to Hauser & Fields, Ltd. , a Minnesota general partnership, which lessor's interest of HAUER'S & FIELDS, INC. has been transferred to BETTY O'SHAUGHNESSY by a FORECLOSURE BY ADVERTISEMENT. EXCPTB1C 3/97 SCHEDULE B-Continued 4 File No.: 8 I-9495 Policy Number 24-0012- 106-00087 17. Reservation of minerals and mineral rights in favor of WICKES COMPANIES, INC. as described in that certain WARRANTY DEED dated November 10, 1987, filed November 18, 1987, as Document No. 241187; and in UNRECORDED QUIT CLAIM DEED dated January 13, 1994, executed by COLLINS & AIKMAN GROUP, INC. (formerly known as Wickes Companies, Inc) . a Delaware corporation to BETTY O'SHAUGHNESSY. 18. Subject to any possible improvements and subject to fences in various areas that are not on the property lines all as shown on survey dated November 16, 1993, by PETERS, PRICE & SAMPSON. Countersigned / /;2// 7- 1-4- Authorized a• uAuthorized Signatory EXCPTB IC 3/95 V ALTA 1990 OWNER'S FORM CHICAGO TITLE INSURANCE COMPANY SCHEDULE A Policy Number 24-0012- 106-00088 FILE NUMBER DATE OF POUCY AMOUNT OF INSURANCE September 2, 1994 8 1-9495 at 7:00 AM 1. Name of Insured: NEVAC II, L.L.C. , a Wisconsin Corporation. 2. A fee simple estate in the land covered by this policy is vested in the insured. 3. The land herein described is encumbered by the following mortgage or trust deed,and assignments: NONE. and the mortgages or trust deeds, if any, shown in Schedule B hereof. 4. The land referred to in this policy is described as follows: See attached Legal Description. This policy valid only if Schedule B is attached. ALOP90 3/95 Schedule A Legal Description Continued File No.: 8 I-9495 Policy Number 24-0012- 106-00088 PARCEL NO. 9: That part of the Southeast Quarter of Section 11, Township 115, Range 22, and that part of the Southwest Quarter of Section 12, Township 115, Range 22, Scott County, Minnesota, described as follows: xCommencing at the southeast corner of said Section 11; thence north 00 degrees 55 minutes 49 seconds east, on an assumed bearing, along the east line of the Southeast Quarter of Section 11, a distance of 759.26 feet to the point of beginning; thence north 72 degrees 18 minutes 32 seconds east, a distance of 40.69 feet; thence north 30 degrees 45 minutes 33 seconds east, a distance of 105.02 feet; thence north 24 degrees 53 minutes 39 seconds west, a distance of 147.23 feet; thence north 88 degrees 14 minutes 22 seconds west, a distance of 320.77 feet; thence south 24 degrees 18 minutes 39 seconds west, a distance .of 137.54 feet; thence south 28 degrees 49 minutes 00 seconds east, a distance of 224.55 feet to the intersection with a line bearing south 72 degrees 18 minutes 32 seconds west from the point of beginning; thence north 72 degrees 18 minutes 32 seconds east, a distance of 250.34 feet to the point of beginning. PARCEL NO. 10: That part of the Northwest Quarter of Section 13, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the northeast corner of the Northwest Quarter of said Section 13; thence south 00 degrees 07 minutes 10 seconds east, on an assumed bearing, along the east line of the Northwest Quarter a distance of 505.57 feet; thence south 84 degrees 59 minutes 55 seconds west, a distance of 1250.52 feet to the point of beginning; thence continue south 84 degrees 59 minutes 55 seconds west, a distance of 148.01 feet; thence south 32 degrees 31 minutes 16 seconds west, a distance of 230.56; thence south 01 degrees 46 minutes 31 seconds west, a distance of 648.06 feet; thence south 36 degrees 06 minutes 47 seconds west, a distance of 106.52 feet; thence north 75 degrees 33 minutes 09 seconds west, a distance of 305.16 feet; thence south 63 degrees 37 minutes 48 seconds west, a distance of 112.73 feet; thence south 00 degrees 53 minutes 55 seconds east, a distance of 265.77 feet; thence north 89 degrees 59 minutes 02 seconds east, a distance of 137.47 feet; thence north 48 degrees 44 minutes 33 seconds east, a distance of 130.69 feet; thence south 88 degrees 48 minutes 39 seconds east, a distance of 474.14 feet; thence north 21 degrees 28 minutes 39 seconds west, a distance of 267.10 feet; thence north 38 degrees 31 minutes 17 seconds east, a distance of 277.80 feet; thence north 07 degrees 30 minutes 57 seconds east, a distance of 210.16 feet; thence north 77 degrees 50 minutes 57 seconds east, a distance of 121.45 feet; thence north 02 degrees 26 minutes 36 seconds west, a distance of 172.43 feet; thence north 37 degrees 20 minutes 23 seconds west, a distance of 292.20 feet to the point of beginning. PARCEL NO. 11: That part of the Northwest Quarter of Section 13, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the northeast corner of the Northwest Quarter of said Section 13; thence south 00 degrees 07 minutes 10 seconds east, on an assumed bearing, along the east line of the Northwest Quarter, a distance of 1066.78 feet; thence north 89 degrees 09 minutes 30 seconds west, a distance of 227.22 feet to the point of beginning; thence continue north 89 degrees 09 minutes 30 seconds west a distance of 171.63 feet; thence south 20 degrees 22 minutes 18 seconds west, a distance of 338.87 feet; thence south 69 degrees 02 minutes 26 seconds east, a distance of 284.39 feet; thence south 04 degrees 00 minutes 14 seconds west, a distance of 312.51 feet; thence south 58 degrees 51 minutes 14 .seconds east, a distance of 56.15 feet; thence north 38 degrees 43 minutes 59 seconds east, a distance of 254.62 feet; thence north 05 degrees 33 minutes 28 seconds west, a distance of 207.19 feet; thence north 47 degrees 38 minutes 33 seconds west, a distance of 155.80 feet; thence north 06 degrees 03 minutes 58 seconds west, a distance of 249.26 SCHDA4C 3/95 Schedule A Legal Description Continued File No.: 8 I-9495 Policy Number 24-0012- 106-00088 feet to the point of beginning. Abstract. SCHOA4C 3/95 ALTA OWNER'S FORM • SCHEDULE B File No.: 8 1-9495 Policy Number 24-0012- 106-00088 This policy does not insure against loss or damage by reason of the following exceptions: 1. The lien of the general taxes for the 2nd half of the year 1994 and thereafter.2 "Not yet due and payable;" NOTE: 1st half of 1994 taxes are paid. 2. Special assessments hereafter levied. NOTE: There are no special assessments now a lien against subject premises. 3. EASEMENT in favor of NORTHERN STATES POWER COMPANY dated January 8, 1962, filed February 2, 1962, in book 153 of Deeds on pages 475-77. (PARCEL 9) . 4. EASEMENT in favor of NORTHERN STATES POWER COMPANY dated April 27, 1964, filed April 27, 1964, in book 160 of Deeds on pages 459-61. (PARCEL 9) . 5. EASEMENT in favor of NORTHERN STATES POWER COMPANY dated August 20, 1962, filed October 2, 1962, in book 155 of Deeds on pages 353-54. (PARCEL 9) . 6. EASEMENT in favor of NORTHERN STATES POWER COMPANY dated August 13, 1968, filed August 13, 1968, as Document No. 117738. (PARCEL 9) . 7. Subject to County Road 89 along the easterly side of subject premises. 8. ORAL MONTH-TO-MONTH LEASE between MAGNUM LAND CORPORATION and VERLYN HANSON, as disclosed by WARRANTY DEED dated August 16, 1977, filed August 16, 1977, as Document No. 157431, executed by MAGNUM LAND CORPORATION to SIMMONS COMPANY. 9. MONTH-TO-MONTH LEASE between GULF & WESTERN REALTY CORPORATION, a Delaware corporation, as lessor, and VERLYN HANSON, as lessee, dated April 1, 1983, the lessor's interest of which has been assigned to Wickes Companies, Inc. , a Delaware corporation, and subsequently assigned to Hauser & Fields, Ltd. , a Minnesota general partnership, which lessor's interest cf HAUER'S & FIELDS, INC. has been transferred to BETTY O'SHAUGHNESSY by a FORECLOSURE BY ADVERTISEMENT. 10. Reservation of minerals and mineral rights in favor of WICKES COMPANIES, INC. as described in that certain WARRANTY DEED dated November 10, 1987, filed November 18, 1987, as Document No. 241187; and in UNRECORDED QUIT CLAIM DEED dated January 13, 1994, executed by COLLINS & AIKMAN GROUP, INC. (formerly known as Wickes Companies, Inc) . a Delaware corporation to BETTY O'SHAUGHNESSY. 11. Subject to any possible improvements and subject to fences in various areas that are not on the property lines all as shown on survey dated November 16, 1993, by PETERS, PRICE & SAMPSON. Countersigned Authorized Signatory ALTAOPB 3/95 CITY OF SHAKOPEE PETITION FOR PUBLIC IMPROVEMENTS 1. The undersigned hereby petitions the City of Shakopee to install the following improvements where noted and to assess them pursuant to Minnesota Statutes Chapter 429: New Collector Street Name to be determined Avenue/Streetfrom New CSAH 18 - under construction to Future CSAH 21 b streets/curb/gutter/storm sewer/trunk Y watermain extension and trunk watermains/trunk sanitary sewer extension and trunk sanitary sewer/street lights/landscaping and sidewalks (Improvements Requested) 2. The undersigned represents and warrants that it is the fee owner of the property ("Property") described on Exhibit A to this Petition and that the undersigned has the full legal authority and power to encumber the Property. 3. The undersigned requests that the cost of the Improvement Project be assessed against the property. The undersigned understands that the estimated amount of those assessments cannot be determined at the present time, but understands that the assessments will be determined in accordance with the City's adopted assessment policy. 4. The undersigned waives notice of hearing and hearing pursuant to Minnesota Statutes 429.031 on the Improvement Project and notice of hearing and hearing on the special assessment to be levied to finance the Improvement Project pursuant to Minnesota Statutes 429.061 and specifically requests that the Improvement Project be constructed and special assessments be levied without hearing against the Property. 5. The undersigned waives all rights to appeal or otherwise contest or challenge the levy of the special assessment, including but not limited to the right to challenge whether the increase in fair market value resulting from the construction of the Improvement Project is at least equal to the amount of the project cost that is assessed against the Property and that such increase in fair market value is a special benefit to the Property. Any requirements of Minnesota Statutes Chapter 429 with which the City does not comply are waived to the extent that such requirements are not met. 6. The covenants, waivers and agreements contained in this Petition shall run with the Property and shall bind the heirs, successors and assigns of the undersigned. It is the intent of the undersigned that this Petition be recorded as a part of the land records of Scott County,Minnesota. 7. The terms and conditions set forth herein shall terminate upon the final payment of all special assessments levied against the Property regarding the Improvement Project, and the City shall execute and deliver such documents, in recordable form, as are necessary to extinguish its rights contained herein upon receipt of such final payment. 8. The undersigned is voluntarily submitting this Petition and understands that the City is relying upon it as a condition to constructing the Improvement Project. Dated • '}—`' day iMa, , 1997. Valley Green Business Park Limited Partnership - --• :. ' IP-_ • nc itsg ener1 partner +ten.e 'u r z COUNTY 0 On this day o , 1997 before me, a Notary Public within and for said County, personally app-. e 411 being sworn, did say that said instrument was executed as their free act an Notary My Cunnmission Expires: peti.sa STATE OF CONNECTICUT) ) ss. COUNTY OF FAIRFIELD ) The foregoing instrument was acknowledged before me this I54' day of (Yla,cf, 19 q1 by Wendell R. Kurtz, the Vice President of Valley Green Business Park, Inc., a Minnesota corporation, as general partner of Valley Green Business Park Limited Partnership, a Minnesota limited partnership, on behalf of the corporation and partnership. otary P lic JENNIFER E. GRUNNET NOTARY PUBLIC MY COMMISSION EXPIRES JULY 31,1997 Yr . VALLEY GREEN BUSINESS PARK LIMITED PARTNERSHIP Legal Descriptions of Lands Benefitted by New Collector Street Government Lot 4 and the Northeast Quarter of the Southeast Quarter of Section 10, Township 115, Range 22, Scott County, Minnesota, including the accretions and relictions thereto, including that part thereof lying south of the south line of Section 10, and northerly of the shore of Dean's Lake. Government Lot 1 , Section 15, Township 115, Range 22, Scott County, Minnesota northerly of the shore of Dean's Lake That part of the Southwest Quarter of Section 1 1 , Township 115, Range 22, and that part of Government Lot 1 , Section 14, Range 22, Scott County, Minnesota lying northeasterly, northwesterly, northerly and westerly of the following described line: Commencing at a point on the east line of the Southwest Quarter of said Section 11 , 1055.00 feet north of the southeast corner of said Southwest Quarter; thence north 85 degrees 28 minutes 31 seconds West a distance of 1000.00 feet; thence deflecting 56 degrees 12 minutes 05 seconds to the left and running southwesterly a distance of 1040.00 feet; thence - westerly parallel with the south line of said Southwest Quarter of said Section 1 1 , a distance of 524.68 feet; thence southerly parallel with the east line of said Government Lot 1 , of Section 14 and its northerly extension of the northerly shoreline of Dean's Lake, and there terminating. EXHIBIT "A" C.WPOAT41E.a[Orn L r& dv�n Oar otiadonont b P.�.M Pubic Y.pro.rrwp(CoYcmr SArr[)., • CITY OF SHAKOPEE PETITION FOR PUBLIC IMPROVEMENTS 1. The undersigned hereby petitions the City of Shakopee to install the following improvements where noted and to assess them pursuant to Minnesota Statutes Chapter 429: New Collector Street Name to be determined Avenue/Street from New CSAH 18 - under construction to Future CSAH 21 b streets/curb/gutter/storm sewer/trunk Y watermain extension and trunk watermains/trunk sanitary sewer extension and trunk sanitary sewer/street lights/landscaping and sidewalks (Improvements Requested) 2. The undersigned represents and warrants that it is the fee owner of the property ("Property") described on Exhibit A to this Petition and that the undersigned has the full legal authority and power to encumber the Property. 3. The undersigned requests that the cost of the Improvement Project be assessed against the property. The undersigned understands that the estimated amount of those assessments cannot be determined at the present time, but understands that the assessments will be determined in accordance with the City's adopted assessment policy. 4. The undersigned waives notice of hearing and hearing pursuant to Minnesota Statutes 429.031 on the Improvement Project and notice of hearing and hearing on the special assessment to be levied to finance the Improvement Project pursuant to Minnesota Statutes 429.061 and specifically requests that the Improvement Project be constructed and special assessments be levied without hearing against the Property. 5. The undersigned waives all rights to appeal or otherwise contest or challenge the levy of the special assessment, including but not limited to the right to challenge whether the increase in fair market value resulting from the construction of the Improvement Project is at least equal to the amount of the project cost that is assessed against the Property and that such increase in fair market value is a special benefit to the Property. Any requirements of Minnesota Statutes Chapter 429 with which the City does not comply are waived to the extent that such requirements are not met. 6. The covenants, waivers and agreements contained in this Petition shall run with the Property and shall bind the heirs, successors and assigns of the undersigned. It is the intent of the undersigned that this Petition be recorded as a part of the land records of Scott County, Minnesota. 7. The terms and conditions set forth herein shall terminate upon the final payment of all special assessments levied against the Property regarding the Improvement Project, and the City shall execute and deliver such documents, in recordable form, as are necessary to extinguish its rights contained herein upon receipt of such final payment. 8. The undersigned is voluntarily submitting this Petition and understands that the City is relying upon it as a condition to constructing the Improvement Project. Dated 3 .-<) day a , 1997. PReslde,7rm,d t'1v STATE OF MINNESOTA) (ACKNOWLEDGMENT) COUNTY OF e�nztr,;J ) On this 43'71 day of , 1997 before me, a Notary Public � within and for said County, personally appeared M L PIN 2tk 1� r s J�► • 5,. sz./�t V �l,ren z being sworn, did say that said instrument was executed as their free act and deed. • Notary My Commission Expires: „, =s, NOTARY4cL'DONNa M. BRAZIL U l C -MINNESOTA ; ANOKA CO. peti.sa A MyCommissionrY Expires:> . _J_I, // - iv/. L-.',2-./,•.Q,-'. -- ,- ( - ' /y (L)/,>-(D 2,7.5 . „ .,..... :... .••• 1-r•-•'. .•• .. .„ ,"..;.1 .4.../Ners.k .--•- riftwitkidNek,"vki"ekitiwit.'•--. • - File No 862 . , .... . .. . v(V(1,41!1..:'.-.".-''.Y';'.'S,"•,..,•'••.,;.„-..A'.'..•;-:::-:..1.1.i'--1%!.r-.:4.4.Wi.1..1.tA:?'..:,'4''''',.:0'::...".•.':14:.v1?.'-A4t,'.,,gUji-i'4.Y..',.-iiA.3i.:.7,:;';.:11';'.,4:'-..'....'.,.....f:....:•:',.......''rt'.!'.,.''.:'i.".,"',4.',,.".2.:.., ..";"':'.'''''.'...:•p,.,.'.,i.......-.,.,..,'.i:.w-.'k,'s..'l:.,,y,.5,' '.•.'•,2....8.',iii....91i3i•iri'is-.i.;.:%i.,-,V..g0.•,.:...•••.•. '.'•.'. . ..,,. -,.•.-.,.: . .•: .,.:..:;'',.'.',: .•111' I1i ) '0 • ril .,'''....,•,..‘•:''...•'..0i:.1i-.1.,i.!;•''',.-- ' . '. . . (; •:'.' ..J.,..2...:::.)1;,..:...;„;,..TRANSPER:FROWNO,' 13437'Originally.registered the 4th day of September 1959 volume'9 page 55 I . •-..',...,...:!..„....;.,;[i.:.. .i.::.;,,,,',3.,. ..,,:'...'t,,,,-.,,,!.L.:7;•:2.•.; • 0 ,., ,,..ii-.. , ,.;..,,,, ... .. ....,,i,..i•, . .• . -: i• * .• .,-:'' :.,i:`i..':,1" . 1113.1E:Ci-11,1 E- 111"111EA\.P1,11.11C,D IV , . 1,Y,. .. : , - . • • , , ..- State'of Minnesota .., .. .,. 1 , . .. ...,......,.,. ........... . . SS This is lo terlify,1.1101, The Minneapolis Foundation, • • • • a non-profit corporation ue ,. .•. I ... County of Scott . . . laws of Minnender ti sota ) • I,• . . '.• • ' , ••• . •, : 1 { • ',,.;••,..',, 11.11.41(filcglILft A200•Foshay Tower, ; . in lin; City ul Minneapolis 1 '... 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'• 1 'i ''' .--• ; •i .:)fletit part of the Southweot Quarter (Sal) of Section 11, Township 115, Range 22; • j•••'' ' • k , ..... ., , • ,, , ANh.Thatwpart of Government Lot I, Section 14, Township 115, Range 22, lying southwesterly, southeasterly, ,.,•... southeriy:and easterly of the following.described line: Commencing at a point on the East line of the ,,Scuthweet!Quarter.(SWI) of said Section 11, 1055.00 feet North of the Southeast corner of said ( •.:',...;.,:::.Sttthwest;AiiaFtet,(SW1); thence N}35°.;2831!!.;;4adistance of 1000.00 feet; thence deflecting.56°12'05"• ••••• • : ( , •::.'.::;.,;',..031:;the'.ieft,4incl.running southwesterly:a distance .'.of.1040.00 fee:: thence westerly parallel.with . . • , ' .11. ',...f.....1:...the.,sOuthiine of said Southwest Quarter (Sill) of said Section 11, a distance of 524.68 feet; thence , 1 ..;.::.q:southerly,i4arallel with the east line of said:Jovernment Lot 1 of Section 14 and its northerly . ' ••...... 1 l'4' • '• i..'.; exteneionto. the northerly shoreline of Dean's'Lake and there terminating. All of the above land bei42":aitpeted in the County of Scott, State of Minnesota. ' 1 ,, • ,,,,•••..:-.., .;;',-.• , '. ... Together with a non-exclusive easement for purposes of ingress and egress over parts of the Southwest ' %,r.•• Quarter.of Section 11, Township 115, Range.22 and Government Lot I, Section 14, Township 115, '•• ' , • ,. . . r -Range 22 as 'set forth in Document No. 11913. (F 532). :, • .• .;...• . . .. 1• . ' !1/ ., ' . I ; • . . .. ..• . . . • i ., ...... • . . . .;... . 1 . , • ,, ... , .... - ... Sultiiiil 1.11 Ilii.1•1(1.11111111./1111 1,,111418 notol or11,11,1.lilt-ti hi-I hu 1,11,11ut 1.11 1,111.,,1 oicu 111 1 tulur.rd hi,1.1.11 .5111 511111,1 I I,,1 1,,10,11,,,,,,,,,,. .‘.,...','. 1 iglils tor volcountloo'nolc,slolomiqolog, to pi losotItil ill 1..isv., 19115.1:11:1111t.o•'11/5 S,.0,..,.21 lonnoo.li, . .. . ,,.. I.. 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In Witness Whereof I 1 1,IVC Ilt.,1C(.1 1 1 1.1/S111,5L1 1111 Ii inv lo.onti:;told .111;Ncil Ilot:so:;11 ill 111Y 11/n(.C, lhos 15th , IN, , ,,, March, 1996 ,— I -1 \ / / , A . ! ..., /--- ,11 , , I 4 '..`' i' -1--• r,:\ i, a- - . . . • •1 , .-:.' ' '' ...) %,,c l',5 I'It()I-:(.1(NIAN I ,(J.',i-/',‘I.-0,- irri.K.‘, ( 1) lit.111,1 11,, II,-(.1,111(Y 111 Soil: ,I;u1 Si.ilt.!,,I Shiliu:st,t.1 k) i.i 1)uutily ',)1 ' — 'hi# 44.464,0Z—i--0---44F41/47—i. " 1/444.ii4Ami-41•014•44j1/4.411-466A,404.1.W.44141---- . EXHIBIT "A" ., 0. . , . .. . . . . .. ... . . , .. . . .. • . • . ... . . , • ,.._......—. . . . •. .....•.- : .• . . •• •".....• .. . . CITY OF SHAKOPEE CONSENT Memorandum 1% 0. 1 , TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Fighter Hiring Authorization DATE: June 25, 1997 INTRODUCTION: The Council is asked to authorize three additional fire fighter positions to be filled, bringing the total to seven. BACKGROUND: In June, City Council authorized the Fire Department to work with the Scott County Human Resources Department to fill four vacant fire fighter positions. Since that authorization was given three additional vacancies have occurred-one caused by the passing of Fire Chief Mark Huge, and two recent resignations. Authorization is asked to increase the total number of fire fighters to be recruited for hiring to seven. RECOMMENDATION: I recommend that the number of fire fighter positions to be recruited, and recommended to the Council for hiring be increased from four to seven. They would utilize the Scott County Human Resources Department, as previously authorized. ACTION REQUIRED: If the Council concurs, it should, by motion, increase to seven the total number of fire fighter positions to be recommended to the City Council for hiring. IAA J2_I rkbL itA Mark McNeill City Administrator MM:tw CC: Acting Fire Chief Terry Link CITY OF SHAKOPEE r '/. U• 2. Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Terry Link, Acting Fire Chief SUBJECT: Bids for Budgeted Pumping Engines DATE: June 24, 1997 INTRODUCTION: The Council is asked to authorize the Fire Department to seek proposals for the acquisition of two triple combination pumper trucks. BACKGROUND: The 1997 capital budget includes two pieces of fire apparatus. The first is a Telesquirt pumper which was actually in the 1996 budget for replacement of unit 9520, a 1976 General Safety pumper. The second is an additional pumper to cover current and future response requirements. 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. 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. 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. DISCUSSION: 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, second call/backup, training unit. A committee has been researching our current needs and how best to fill them. Our most pressing apparatus needs are for usable pumping engines. We feel that acquisition of two matched pumpers will best fulfill these needs. In the 1997 capital budget the first pumping engine was intended to be a Telesquirt. This does provide additional capabilities by providing a boom mounted manipulating master stream and quick deployment ladder capacity on an attack pumper. The committee has done research on Telesquirt pumpers and has determined that the budget amount is inadequate for this type of apparatus. We recommend replacing this item with a standard triple combination pumper to meet our most pressing current need. The second pumper could be matched identically to provide operational and training uniformity. By purchasing both at the same time considerable savings from the manufacturer will be realized. The committee would like to issue request for proposals for the two pumpers to evaluate costs and possible courses of action. BUDGET IMPACT: There is $650,000 budgeted in 1997 for the acquisition of fire trucks. Due to a delivery time of more than 9 months after a contract is awarded, actual payment will not take place until 1998. ACTION REQUIRED: Motion authorizing the Shakopee Fire Department to issue requests for proposals for two triple combination pumping engines. jL/, D4 3, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Station Roof Repairs DATE: June 27, 1997 INTRODUCTION: The Council is asked to authorize roof repairs for the downtown fire station. BACKGROUND: One of the issues that the late Fire Chief Mark Huge began to address was repair of the portion of the fire station roof over the meeting room. It had a significant leak develop last winter. He sought and received three quotes on repair of the roof The lowest bid was submitted by Nieman Roofing Co. of New Prague, in the amount of$9,890. That quote was taken in March. Acting Fire Chief Terry Link called to confirm that the quote is still valid, and found that it is. The work would be done in August. BUDGET IMPACT: Obviously, $9,890 (plus repair of damaged installation)would need to come from contingency, as the entire year's repair budget for the old fire station would be inadequate to take care of this work. A note for Council -there have been several unanticipated repairs recently that have had to come out of contingency-two library roof top air conditioning units,the proposed removal of asbestos ceiling tiles in the City Hall basement, and now the roof repair. It's unfortunate that these are all coming at one time,but they are big ticket items for which we have no choice, at least of the roof repair and air conditioning units. RECOMMENDATION: We recommend that Nieman Roofing Co.,Inc., of New Prague be awarded the contract for roof repairs. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize staff to accept the quote of Nieman Roofing Co., of New Prague, Minnesota, in the amount of$9,890, for roof repairs at the Shakopee Fire Station. vtolA,L,Lttui Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Terry Link, Acting Fire Chief SUBJECT: Fire Station Roof Repair DATE: June 27, 1997 INTRODUCTION: The Council is asked to authorize repair of portions of the Fire Station roof. BACKGROUND: During the 1997 Spring thaw the Fire Station meeting room roof began to leak severely. The leakage damaged several ceiling panels and stained the wall paper in several areas. The leaking occurred only when an ice dam on the east edge was present and temperatures were warm. Attempts were made to shovel off the roof,but due to the freeze thaw cycling of this years winter and spring the snow turned to thick hard ice. The present roof was installed about 10 to 12 years ago. It is a rubber membrane with rock ballast. When this roof was applied none of the heating units(HVAC) and associated duct work were removed and the roofing was installed around it. In other words, it was not a"complete" re-roof. ALTERNATIVES: Mark Huge contacted several contractors earlier this Spring for proposals and or ideas on how to fix/repair the roof. Proposals were obtained from various contractors. They are as follows: 1. Superior Construction Co. 27217 E32nd Ave. Mpls MN 55406 G.A.F.Corporation Built-up Roof System $15,525 Fire Stone 45 MIL Triumph Single Ply system $13,400 Note: These do not remove the present HVAC and duct work. Replaces all insulation. 20 year warranty requires bi-annual inspections at owner's expense. 2. Lindstrom and Son Roofing 333 Pine Street Waconia, MN 55387 Hot Tar roof system $17,400 Note: Does not include labor for moving HVAC and duct work. Does include redoing roof under them. Fixes insulation additional cost. Appears to have a 7 year guarantee. 3. Nieman Roofing Co. Inc.New Prague MN 56071 45 mil EPDM Ballaster Roof system $9,890 Note: Does include labor for moving HVAC and duct work. Fixes insulation at additional cost. 10 year warranty. BUDGET IMPACT: There are approximately $5,000 in the building maintenance budget this year. One project using those funds is painting the outside building trim this years and also possibly replace the raise lettering. This will depend on the availability of replacement letters. We believe the damaged wall paper in the meeting rooms could be repainted and new ceiling title could be done with building maintenance dollars. We will also be getting bids on fixing the stucco exterior finish. There are numerous cracks and places where the stucco is missing. It was also notice during the year's freeze thaw that an approximately 10 by 10 foot section on the west wall was separating from the building. We did not anticipate this major reroofing expense in this years budget. According to City Hall staff,their recommendation would be to take this out of contingency, if the work is to be done this year. RECOMMENDATION: It is obvious that the three proposals are not"apples to apples"comparisons. However, short of hiring a professional to draw up specifications,these are the best quotes that we are able to get at this time. Note that the Neiman bid would replace insulation on a time and material basis, but is is unknown as to how much would be needed until work gets underway. ACTION REQUESTED: Award a roof replacement/repair contract to Nieman Roofing Co.,Inc., in the amount of$9,890, and further direct that a budget amendment provide funding for this. Terry Link Acting Fire Chief x � l Page No. of pag, NIEMAN ROOFING CO., INC. P.O. BOX 64• NEW PRAGUE, MINNESOTA 56071 PHONE 612-758-4791 FAX 612-758-5112 Attn: Mark PROPOSAL SUBMITTED TO PHONE DATE Shakopee Fire Department STREET JOB NAME - March 7, 1997 129 South Holmes Street Shakopee Fire Station CITY,STATE AND ZIP CODE JOB LOCATION ARCHITECT DATE MN 55379 Shakopee, MN DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: Lower roof approximate size 3-8 x 60 - Remove. existing membrane - Replace wet or ._damaged insulation at 70.(P -per inch- ---- Apply _1/2" ..fiberboard _over_ .existing insulation - Apply 45 mil EPDM Ballasted_._.Roof_ System New wood_and sheet metal as needed. 10 year Manufacturer' s Warranty Not included in b.id_ is. the_disconnecting_and._reconnecting__of units. Total Cost: $9-,890,00 if accepted by April 27, 1997 ***Owner's responsibility to determine if the building can support the roof system' s weight. hue Propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Payment to be made as follows: dollars($ All material is guaranteed to be as specified.All work to be completed in a workmanlike ,/' manner according to standard practices. Any alteration or deviation from above specifica- Authorized ��' - tions involving extra costs will be executed only upon written orders, and will become an Signature /` / extra charge over and above the estimate.All agreements contingent upon strikes,accidents or delays beyond our control.Owner to carry fire,tornado, and other necessary insurance. Note:This proposal may be Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within r day: / c1PCEptanc D1 Iiip rn$�II—The above prices, specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified. Payment will be made as outlined above or I agree to Signature pay all collection costs and/or reasonable attorney's fees. Date of Acceptance: __ Signature • PROPOSAL Date April 8, 1997 LINDSTROM AND SON ROOFING 333 Pine Street Waconia,MN 55387 (612)442-5200 Submitted to Job name Shakopee Fire Department Job location We hereby submit specifications and estimates for: • Provide and roof in one 4" roof drain as per direction from plumber. Plumbing done by others . We propose hereby to furnish material and labor—complete in accordance with above specifications,for the sum of: $ 485. 00 All material is guaranteed to be as specified.All work is to be com- pleted in a workmanlike manner according to standard practices. Any alteration or deviation from specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate.All agreements con- tingent upon strikes,accidents,or delays beyond our control.We carry liability insurance;our workers are bonded and covered by Workmen's Compensation Insurance.Note:This proposal may be withdrawn by us if not accepted within 9n days. orized Signature Acceptance of proposal—The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payment will be made as outlined above. Signature Date Minnesota Building Contractor I D.#7108 PROPOSAL Date LINDSTROM April 8, 1997 AND SON ROOFING 333 Pine Street Waconia,MN 55387 (612)442-5200 Submitted to Job name Shakopee Fire Department 134 S. Holmes Shakopee , MN 55379 Job location We hereby submit specifications and estimates for: New roof_system over northeast roof section. 111111 1 . Tear off all roofing, insulation, metal flashings , and gutter. Haul away. 2. Install a 4" center drain with 3# lead flashing and 10" over flow on east side. Plumbing to be done by others . • 3 . Disconnect and lift off HVAC unit done by others . 4. Install 3" Isosyanurate and 2" rigid wood fiber over entire roof deck for a total R-value of 23. 89• 5 . Install 3A" wood nailer around roof outside edge along with 4" wood cant. 6. Solid mop with hot asphalt one ply 43# base sheet and three plys Type IV fiber-glass 15# roofing felts over entire roof deck at 23# approximate . 7. Solid mop with hot asphalt Awaplan 160 modified bitumen on all cants , curbs , bucks and parapits walls . 8. Embed roofing gravel in a flood-coat of hot asphalt over entire roof deck at 60# approximate . We propose hereby to furnish material and labor—complete in accordance with above specifications,for the sum of: $ All material is guaranteed to be as specified.All work is to be com- pleted in a workmanlike manner according to standard practices. Any alteration or deviation from specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate.All agreements con- tingent upon strikes,accidents,or delays beyond our control.We carry liability insurance;our workers are bonded and covered by Workmen's Compensation Insurance.Note:This proposal may be withdrawn by us if not accepted within days. thorized Signature Acceptance of proposal—The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payment will be made as outlined above. Signature Date Minnesota Building Contractor I .#7108 PROPOSAL Date April 8, 1997 LINDSTROM AND SON ROOFING 333 Pine Street page 2 Waconia,MN 55387 (612)442-5200 Submitted to Job name Shakopee Fire Department Job location We hereby submit specifications and estimates for: 9. Make up and install galvanized metal cant flashings , counter-flashings , and cap flashing. 10. Reinstall HVAC unit done by others . • Note : the above roof specifications carry a seven-year service guarantee on materials and workmanship. ///614Z #412.1416:074444/80,44,j, ara We propose hereby to furnish material and labor—co accordance with above specifications,for the sumo' 1,1)CekS' ay de All material is guaranteed to be as specified.All work is to be com- pleted in a workmanlike manner according to standard practices. Any alteration or deviation from specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate.All agreements con- tingent upon strikes,accidents,or delays beyond our control.We carry liability insurance;our workers are bonded and covered by Workmen's Compensation Insurance.Note:This proposal may be withdrawn by us if not accepted within 9 0 days. '` I. b - •• prized Signature Acceptance of proposal—The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payment will be made as outlined above. Signature Dat Minnesota Building Contractor I D.#7108 .• , ,xw wxeflVtO,IYNY.IJNe it = Proposal Page No. 1 of Pages (I ongue 645-1573 Sr. Representative or Construction Co. 729-0717 729-6375 roofing,Insulation and Sheet Metal 869- Industrial - Commercial 869- 52 Fax Fiat Roofs - Sheet Metal - Gutters I Street•Minneapolis,Minnesota 55406 Insulation Systems-Shingle Roofs -6852•729-0717•729-8375 Fax#729-8452 PROPOSAL SUBMITTED TO PHONE (DATE City of Shakopee 445-3650 STREET March 20, 1997 JOB NAME 129 S. Holmes CITY,STATE and ZIP CODE Reroof Fire Station Meeting Room JOB LOCATION Shakopee, Minnesota 55379 ARCHITECT j DATE OF PLANS 334 W, 2nd Av e n u� JOB PHONE Attn: Mark Huge / Shakopee, MN. >Mr Propose hereby to furnish material and labor—complete in accordance with specifications below, for the sum of: FIFTEEN THOUSAND FIVE HUNDRED TWENTY FIVE dollars ($ 15.525.00 I Payment to be made as follows:FINANCE CHARGES ON PAST DUE ACCOUNTS ARE 1 yt%PER MONTH OR 18%PER YEAR. Payment to be arranged. Lien waiver furnished. Includes all taxes and permit. • LICENSED-BONDED-INSURED , All material Is guaranteed to be as apecihed.All work to be completed In a workmanlike <''�� 'y�y/� manner according to standard practices.Any alteration or deviation from specifications be- Authorized \ �'E7 low involving extra costa will be executed only upon written orders,and will become an Signature "177f- ' extra charge over and above the estimate.All agreements contingent upon strikes,acdi- dents or delays beyond our control.Owner to carry firs,tornado and other necessary Note:This proposal may be insurance.Our workers are fully covered by Workmen's Compensation insurance. withdrawn by us if not accepted within 30 days. We hereby submit specifications and estimates for: G.A.F. CORPORATION BUILT-UP ROOF SYSTEM WITH AN EXPANDED POLYSTYRENE ONE POUND DENSITY ROOF INSULATION [1 ] . Remove all existing roofing material , wet and damaged roof insulation and base flashing material . [2] . Remove all metal flashings, counter flashings, center drains and pipes [3] . Replace any rotten or broken roof boards at the cost of $1 .85 per square foot. [4] . Provide and install an expanded Polystyrene one pound density roof insulation system. Insulation to meet energy code requirements with and average R-Value of 22 as per requirements of the building inspection department of the City of Shakopee and the State Energy Codes and to provide for proper drainage. [5] . Provide and install 1/2" hardboard insulation underlayment to the entire roof area. [6] . Apply G.A.F. No. 75 GAF-Glass vapor barrier to the entire roof area by solid moppings of 27 lbs. of 475 degree A.S.T.M. type III asphalt per 100 square feet. [7] . Four-ply the entire roof area with 15 lb. GAF-Glass felt set in solid moppings of 27 lbs. of 475 degree A.S.T.M. type III asphalt per 100 square feet. [8] . Provide and install G.A.F. modified bitumen flashings to all walls, curbings, drains and pipes in strict accordance with the manufact- urer' s specifications. [9) . Re-set all drains, pipes and galvanized sheet metal counter flashings. Replace with new where necessary. [10] . Flood-coat the entire roof area with 70 lbs. of 475 degree A.S .T.M. type III asphalt and, while hot , embed 600 lbs. of washed #7 gravel per 100 square feet . [11] . Clean up and remove all insulation and roofing debris . [12] . Superior Construction Company guarantees this roof system for a period of 20 years and 'will, at it' s own expense, inspect the roof bi-annually and will perform all necessary maintenance and repairs at that time. Signature Signature All claims,disputes and other matters in questions arising out of or ,A# 4«..� t relating to the Guarantee or Workmanship shall be settled in rrrpl�ltre of lirapasal—The above prices,specifications accordance with the Construction Industry Arbitration Rules of the and conditions are satisfactory and are hereby accepted.You are authorized American Arbitration Association. to do the work es specified.Payment will be made as outlined above. N of Acceptance: Signature awildnej 2717 E 32 reat,Minneaixxis,MN 55406 = Proposal Page No. 2 of Mages B IT ngue 645-1573 Sr.Sal reaentafve or Construction Co. 729-0717 :oofin 729_6375 g,Insulation and Sheet Metal 369-6852 Industrial- Commercial !Street•Minneapolis,Minnesota 55406 729-8452 Fax Flat Roofs - Sheet Metal • Gutters Insulation Systems-Shingle Roofs 6852•729-0717•729-8375 Fax#729-8452 PROPOSAL SUBMITTED TO PHONE DATE City of Shakopee 445-3650 STREET March 20, 1997 JOB NAME 129 S. Holmes Reroof Fire Station Meeting Room CITY.STATE and ZIP CODE JOB LOCATION Shakopee, Minnesota 55379 334 W. 2nd Avenue ARCHITECT I DATE OF PLANS !JOB PHONE Attn: Mark Huge Shakopee, MN. //MP Propose hereby to furnish material and labor—complete in accordance with specifications below, for the sum of: THIRTEEN THOUSAND FOUR HUNDRED 13,400.OQ dollars ($ Payment to be made as follows:FINANCE CHARGES ON PAST DUE ACCOUNTS ARE 1 y%PER MONTH OR 18%PER YEAR. Payment to be arranged. Lien waiver furnished,) Includes all taxes and permit. LICENSED-BONDED-INSURE. All material Is guaranteed to be as specified.All work to be completed ins workmanlike manner according to standard practice..Any alteration or deviation from specifications be- Authorized low involving extra costs will be executed only upon written orders.and will become an Signature extra charge over and above the estimate.All agreements contingent upon strikes,acci- dents or delays beyond our control.Owner to carry fire,tornado and other necessary Note:This proposal may be insurance.Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within 3 O days. We hereby submit specifications and estimates for: FIRESTONE 45 MIL. TRIUMPH SINGLE-PLY BALLASTED ROOFING SYSTEM WITH AN EXPANDED POLYSTYRENE ONE POUND DENSITY ROOF INSULATION [1 ] . Remove all existing roofing material, wet and damaged roof insulation and base flashing material , . [2] . Remove all metal counter flashings, center drains, vents, scuppers and vent pipes and save for re-installation. [3] . Replace any broken or rotted roof deck boards at a cost of $1 .75 a square foot. [4] . Provide and install an expanded Polystyrene one pound density roof insulation system with an average R-Value of 22 as per requirements of the building inspection department of the CITY OF SHAKOPEE and the STATE ENERGY CODES and to provide for proper drainage. [5 ] . Furnish and install a Firestone 45 Mil . Triumph SPM rubber roofs system to the entire roof area in STRICT ACCORDANCE WITH THE MANUFACTURER'S SPECIFICATIONS . [6] . Seal all seams and uncured form-flash with Firestone splice adhesive. [7] . Fully adhere rubber to all protrusion curbings using Firestone bonding adhesive. [8] . Apply pre-molded pipe boots to all soil stack protrusions. [9] . Furnish and install a-bar around all curbings and units using approved fasteners. [10] . Apply uncured form-flash to all a-bar, corners, drainage scuppers and roof protrusions. [11] . Re-install all metal counter flashings, center drains, vents, scuppers and vent pipes, replace with new as necessary. [12] . Apply #4 washed river rock to the entire roof area at a rate of 10 lbs per square foot. [13] . Clean up and remove all roofing and insulation debris. [14] . Superior Construction Company guarantees this roof system for a period of 20 YEARS and will, AT IT'S OWN EXPENSE, inspect this roof bi-annual" y and will perform all necessary maintenance and repairs at that time. Signature Signature All claims, disputes and other matters in questions arising out of or •«... 111t relating to the Guarantee Or Workmanship shall be settled in # L .CrP1aa tre Proposal—The above prices,specifications accordance with the Construction Industry Arbitration Rules of the and conditions are satisfactory and are hereby accepted.You are authorized American Arbitration Association. to do the work as specified.Payment will be made as outlined above. Signature \Date of Acceptance: imudiarj zn i t.'ena greet,Minneapolis,MN b5406 • — L apuEa1 Page No. 1 of Pages /MI /Tongue `4 645-1573 Sr. Representative or Construction Co. 729-0717 :oofin Insulation and Sheet Metal 729-8375 Industrial - Commercials 869-6852 Flat Roofs - Sheet Metal - Gutters I Street• Minneapolis, Minnesota 55406 729-8452 Fax Insulation Systems-Shingle Roofs -6852 • 729-0717 • 729-8375 Fax# 729-8452 PROPOSAL SUBMITTED TO PHONE DATE City of Shakopee 445-3650 March 20, 1997 STREET JOB NAME 129 S . Holmes Reroof Fire Station Meeting Rost CITY,STATE and ZIP CODE JOB LOCATION Shakopee , Minnesota 55379 334 W . 2nd AvenuQQeQ ARCHITECT DATE OF PLANS JOB PHONE Attn: Mark Huge Shakopee , MN. //MP frame hereby to furnish material and labor- complete in accordance with specifications below, for the sum of: FIFTEEN THOUSAND FIVE HUNDRED TWENTY FIVE dollars ($ 15 . 525 . Op Payment to be made as follows:FINANCE CHARGES ON PAST DUE ACCOUNTS ARE 1'/2% PER MONTH OR 18%PER YEAR. Payment to be arranged . Lien waiver furnished . Includes all taxes and permit . LICENSED-BONDED-INSURED . All material Is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from specifications be- Authorized low involving extra costs will be executed only upon written orders,and will become an Signature extra charge over and above the estimate.All agreements contingent upon strikes.acci- dents or delays beyond our control.Owner to carry fire.tornado and other necessary Note:This proposal may be insurance.Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us If not accepted within 30 days. We hereby submit specifications and estimates for: G .A .F . CORPORATION BUILT-UP ROOF SYSTEM WITH AN EXPANDED POLYSTYRENE ONE POUND DENSITY ROOF INSULATION [ 1 ] . Remove all existing roofing material , wet and damaged roof insulation and base flashing material . [ 2 ] . Remove all metal flashings , counter flashings , center drains and pipes [ 3 ] . Replace any rotten or broken roof boards at the cost of $ 1 . 85 per square foot . [4] . Provide and install an expanded Polystyrene one pound density roof insulation system . Insulation to meet energy code requirements with and average R-Value of 22 as per requirements of the building inspection department of the City of Shakopee and the State Energy Codes and to provide for proper drainage . [ 5 ] . Provide and install 1 /2" hardboard insulation underlayment to the entire roof area. [6 ] . Apply G.A.F . No . 75 GAF-Glass vapor barrier to the entire roof area by solid moppings of 27 lbs . of 475 degree A. S . T.M. type III asphalt per 100 square feet . [ 7 ] . Four-ply the entire roof area with 15 lb . GAF-Glass felt set in solid moppings of 27 lbs . of 475 degree A. S .T.M. type III asphalt per 100 square feet . [ 8 ] . Provide and install G .A.F . modified bitumen flashings to all walls , curbings , drains and pipes in strict accordance with the manufact- urer ' s specifications . [ 9 ] . Re-set all drains , pipes and galvanized sheet metal counter flashings . Replace with new where necessary . [ 10] . Flood-coat the entire roof area with 70 lbs . of 475 degree A.S .T .M. type III asphalt and , while hot , embed 600 lbs . of washed #7 gravel per 100 square feet . [ 11 ] . Clean up and remove all insulation and r.00fing debris . [ 12 ] . Superior Construction Company guarantees this roof system for a period of 20 years and will , at it ' s own expense , inspect the roof bi-annually and will perform all necessary maintenance and repairs at that time . Signature Signature All claims, disputes and other matters in questions arising out of or +rr +....� s relating to the Guarantee or Workmanship shall be settled in . ptaltre of Proposal-The above prices,specifications accordance with the Construction Industry Arbitration Rules of the and conditions are satisfactory and are hereby accepted. You are authorized American Arbitration Association. to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature [~1 gidij2717 E`32n Street,Minneapolis,MN 55406 = Proposal Page No. 2 of Ages B IT ngue l' 1 645-1573 Sr.Sale\ presentative or Construction Co. 72929-0717 229 071 roofing, Insulation and Sheet Metal 7969-6852 Industrial - Commercial i Street• Minneapolis, Minnesota 55406 729-8452 Fax Flat Roofs - Sheet Metal - Gutters 6852 • 729 0717 • 729 8375 Insulation Systems-Shingle Roofs Fax# 729-8452 PROPOSAL SUBMITTED TO PHONE DATE City of Shakopee 445-3650 March 20, 1997 STREET JOB NAME 129 S . Holmes Reroof Fire Station Meeting Room CITY.STATE and ZIP CODE JOB LOCATION Shakopee , Minnesota 55379 334 W . 2nd Avenue ARCHITECT DATE OF PLANS JOB PHONE Attn: Mark HugeShakopee , MN. /lift limner hereby to furnish material and labor— complete in accordance with specifications below, for the sum of: \\ THIRTEEN THOUSAND FOUR HUNDRED dollars ($ 13,400. 09 Payment to be made as follows:FINANCE CHARGES ON PAST DUE ACCOUNTS ARE 1'/%PER MONTH OR 18%PER YEAR. Payment to be arranged . Lien waiver furnished . Includes all taxes and permit . LICENSED-BONDED-INSURED . All material Is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from specifications be- Authorized low involving extra costs will be executed only upon written orders,and will become an Signature extra charge over and above the estimate.All agreements contingent upon strikes.acci- dents or delays beyond our control.Owner to carry fire, tornado and other necessary Note:This proposal may be insurance.Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within 3 O days. We hereby submit specifications and estimates for: FIRESTONE 45 MIL . TRIUMPH SINGLE-PLY BALLASTED ROOFING SYSTEM WITH AN EXPANDED POLYSTYRENE ONE POUND DENSITY ROOF INSULATION [ 1 ] . Remove all existing roofing material , wet and damaged roof insulation and base flashing material . [ 2 ] . Remove all metal counter flashings , center drains , vents , scuppers and vent pipes and save for re-installation. [ 3 ] . Replace any broken or rotted roof deck boards at a cost of $ 1 . 75 a square foot . [4 ] . Provide and install an expanded Polystyrene one pound density roof insulation system with an average R-Value of 22 as per requirements of the building inspection department of the CITY OF SHAKOPEE and the STATE ENERGY CODES and to provide for proper drainage . [5 ] . Furnish and install a Firestone 45 Mil . Triumph SPM rubber roof system to the entire roof area in STRICT ACCORDANCE WITH THE MANUFACTURER' S SPECIFICATIONS . [6 ] . Seal all seams and uncured form- flash with Firestone splice adhesive . [ 7 ] . Fully adhere rubber to all protrusion curbings using Firestone bonding adhesive . [8 ] . Apply pre-molded pipe boots to all soil stack protrusions . [9 ] . Furnish and install a-bar around all curbings and units using approved fasteners . [ 10] . Apply uncured form- flash to all a-bar , corners , drainage scuppers and roof protrusions . [ 11 ] . Re-install all metal counter flashings , center drains , vents , scuppers and vent pipes , replace with new as necessary. [ 12 ] . Apply #4 washed river rock to the entire roof area at a rate of 10 lbs per square foot . [ 13] . Clean up and remove all roofing and insulation debris . [ 14 ] . Superior Construction Company guarantees this roof system for a period of 20 YEARS and will , AT IT ' S OWN EXPENSE , inspect this roof bi-annually and will perform all necessary maintenance and repairs at that time . Signature Signature All claims, disputes and other matters in questions arising out of or # relating to the Guarantee or Workmanship shall be settled in ,Arrrptaiur ut Pro;1II sal-The above prices,specifications accordance with the Construction Industry Arbitration Rules of the and conditions are satisfactory and are hereby accepted. You are authorized American Arbitration Association. to do the work as specified. Payment will be made as outlined above. Signature Date of Acceptance: CONSENT 11. E. 1 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Fraternal Order of Eagles DATE: June 20, 1997 INTRODUCTION AND BACKGROUND: The Fraternal Order of Eagles #4120 has applied for an on sale club intoxicating liquor license and for a Sunday intoxicating liquor license. Since the Eagles Club was established 12 years ago it has held a 3 .2 beer license and a set up license. This year the Eagles Club decided to apply for a liquor license instead of a beer license. As a club, it is not required to comply with the minimum investment requirement in the City Code, Sec. 5.32 , Subd. 11, for an initial on-sale liquor license. Since it meets the definition of a "restaurant" as outlined in the City Code, Sec. 5. 01 (21) , it is eligible for a Sunday license. The Club has gone through the customary background investigation for a new liquor license. The Chief of Police has advised me that nothing was found in the investigation that would preclude the issuance of the licenses. The application is in order and I have been provided the certificate of insurance evidencing the required liquor liability. Club licenses are in addition to the number of on sale liquor licenses a municipality may issue according to state law (and any additional licenses approved by referendum) . RECOMMENDED ACTION: Approve the application and grant a Club On Sale Intoxicating Liquor License and a Sunday Intoxicating Liquor License to the Fraternal Order of Eagles Aerie #4120, 220 West 2nd Avenue. Ju h S. Cox, ity Clerk h:\judy\licenses\eagles CITY OF SHAKOPEE Memorandum TO: Judy Cox, City Clerk FROM: Tom Steininger, Chief of Police SUBJECT: Background Investigation DATE: November 22, 1996 I conducted a background investigation into the liquor license application submitted by the Fraternal Order of Eagles Aerie#4120. My investigation included checks on the trustees • listed on the application. I found nothing to preclude issuing the license as requested. CONSENT Memo To: Mark McNeil, Shakopee City Administrator From: Steven Anthony Smith, Coordinator 1997 Derby Days RE: 1997 Derby Days Date: June 24, 1997 INTRODUCTION The 1997 Derby Days Committee is finalizing plans for this year's celebration. In the past, Shakopee City Council has supported Derby Days activities through a variety of means including providing Public Works Maintenance Crew assistance for preparation and clean up. BACKGROUND The 1997 Derby Days will be from July 31 through August 3. Events scheduled for Thursday, July 31 include; Sidewalk Sales and the Taste of Shakopee. Due to the growing popularity of the Taste, the Derby Days Committee requests permission to host this event on 1st Avenue between Sommerville and Holmes Streets. No parking will be allowed on this stretch of First Avenue beginning at 2pm for event set-up. The street will be reopened immediately following the event. The Derby Days Committee requests City Council to approve the sale of goods on City property for the Taste of Shakopee, Food and Refreshment Vendors, Craft Vendors, and Business Merchants during the celebration. Section 7.08 of the Shakopee City Code allows for the sale of goods upon public property with City Council approval. The Derby Days Committee would again like to request City Council authorize the Public Works Department to assist in preparing for the Festival with tasks that include; delivery and pick up of picnic tables, benches, refuse, and barricades. The tasks requested are similar as in past years. Other Derby Days events, including the Street Dance, the 5K Run, and the Parade as well as other smaller events, are being advised for permit through the Shakopee Police Department. All street access and closing requests for Derby Days will be reviewed and approved by the Shakopee Police Chief. In summary, the Derby Days Committee would like to request approval from City Council for the following: 1. Permission for the sale of goods on public property 2. Permission to utilize Public Works Maintenance Crews to assist with Festival preparation and clean-up. 3. Permission to close certain streets during a variety of times for various events associated with the Derby Days Celebration. ALTERNATIVES: 1. Move to approve the assistance request as submitted by the Shakopee Derby Days Committee for the 1997 Derby Days Celebration 2. Do not approve the assistance request as submitted by the Shakopee Derby Days Committee. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to approve the following items as submitted by the Shakopee Derby Days Committee for the 1997 Derby Days Celebration: 1. Permission for the sale of goods on public property 2. Permission to utilize Public Works Maintenance Crews to assist with Festival preparation and clean-up. 3. Permission to close certain streets during a variety of times for various events associated with the Derby Days Celebration. RECEIVED JUN 9 5 1997 CITY OF SHAKOPEE CITY OF SHAKOPEE CONSENT Memorandum Y. 3. TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Murphy's Landing-DNR Trail Easement DATE: June 24, 1997 INTRODUCTION: The Council is asked to approve action which would provide for a permanent easement for a nature trail through Murphy's Landing. BACKGROUND: The DNR has been in contact with the City to obtain a permanent easement for a nature trail through Murphy's Landing, which would connect the existing bike trail in Memorial Park, to the Murphy's Landing east parking lot. A map outlining the area that is needed for the easement is attached. This legal description will be incorporated into the new overall legal description describing Murphy's Landing that has been part of the City-Murphy's lease, approved in April of this year. There is one other issue that needs to be addressed regarding title. The City conveyed by Quit Claim Deed to the Scott County Historical Society the area now containing Murphy's Landing in 1969. Most of the area reverted back to the City in 1987. However, a portion was not conveyed back, and the title still rests with the Scott County Historical Society. A Quit Claim Deed from the SCHS to the City has been received. Now, final approval of the permanent easement may be made. The City Attorney has reviewed this and his recommendations,have been incorporated into the documents to be executed. RECOMMENDATION: Now that a Quit Claim deed for the omitted portion of Murphy's Landing has been received from the SCHS,the Council should,by motion, authorize execution of a permanent easement to the Minnesota Department of Natural Resources for the purpose of constructing a nature trail through Murphy's Landing. If approved, construction of the trail is expected to take place not before 2001. ACTION REQUIRED: If the Council concurs, it should, by motion, grant a permanent easement to the Minnesota Department of Natural Resources for a nature trail through Murphy's Landing. Mark McNeill City Administrator MM:tw CC: Shirley Olson, Murphy's Landing Teresa Thews, DNR Minnesota Valley SRA Scott County Parcel 159 - City of Shakopee Acquisition No. 113380 That part of Government Lots 1 and 2 of Section 32, Township 116 North, Range 22 West, the West 1000 feet of Government Lot 3 of Section 4 and Government Lots 1 and 2 and the Northwest Quarter of the Northeast Quarter of Section 5, Township 115 North, Range 22 West, Scott County, Minnesota, lying southerly, easterly and northerly of the following described line: Beginning at the intersection of the southerly shoreline of the Minnesota River and the north bank of Mill Creek;thence westerly along said north bank of Mill Creek a distance of 800 feet; thence southeasterly a distance of 600 feet; thence easterly for a distance of 400 feet to a point 50 feet southerly of the top of the southerly bank of the Minnesota River; thence easterly 400 feet to a point 20 feet southerly of the existing trail; thence easterly, northerly, southeasterly and easterly along a line 20 feet southerly of the existing trail for a distance of 3600 feet to the east line of said Government Lot 1 of Section 5; thence continuing easterly a distance of 1000 feet to a point on the east line of said West 1000 feet of Government Lot 3 of Section 4 a distance of 457.20 feet north of the northerly right-of-way line of Minnesota Trunk Highway No. 101 and there terminating. Containing 24 acres, more or less. ALSO A strip of land 150 feet in width, lying northerly of, parallel with, adjacent and contiguous to the following described line: Beginning at the intersection of the southerly shoreline of the Minnesota River and the north bank of Mill Creek; thence westerly along said north bank of Mill Creek a distance of 1700 feet and there terminating. Containing 6 acres, more or less. ALSO That part of Government Lot 8 of Section 1, Township 115 North, Range 23 West, and Government Lot 3 of Section 6, Township 115 North, Range 22 West, described as follows: A strip of land 20 feet wide and generally parallel with the southerly shoreline Minnesota River; beginning at the west side of platted Sommerville Street and extending easterly approximately 1250 feet through the area known as Huber Park to the east side of platted Main Street and there terminating. The specific trail alignment to be by mutual agreement between the City and State. The resulting corridor will be located within 10 feet on each side of the constructed trail. RES 12/20/91 Revised: 5/16/97 PERMANENT EASEMENT MINNESOTA VALLEY RECREATIONAL AREA THIS INDENTURE, made this day of 1997, between City of Shakopee , a Municipal Corporation under the Laws of Minnesota as party of the First Part, and the State of Minnesota, a Sovereign Body,by and through the Commissioner of the Department of Natural Resources, as Party of the Second Part, WITNESSETH, That the said parties of the First Part, in consideration of the terms and conditions stated herein, do hereby convey and warrant unto the said party of the Second Part, its successors and assigns, a perpetual easement in land lying and being in the County of Scott, in the State of Minnesota described as follows,to-wit: Exhibit A is attached and made part hereof. THE PURPOSE AND INTENT OF THIS EASEMENT IS TO: Establish, construct, operate, and maintain an all season multi-purpose recreational trail for public use in the Minnesota Valley State Recreational Area. FURTHER COVENANTING,THE PARTIES,FOR THEMSELVES, THEIR SUCCESSORS AND ASSIGNS: 1. The party of the First part hereby grants and conveys to the party of the Second part its successors and assigns, all grasses, shrubs, trees and natural growth now existing on said premises or that may be hereafter planted or grown thereon; and the right to remove and use earth and other material lying within the parcel of land hereby conveyed. 2. Each party agrees that it will be responsible for its own acts and the results thereof and shall not be responsible for the acts of the other party:and the results thereof. Each party therefore agrees that it will assume all risk and liability to'itself, its agents or employees for any injury to persons or property resulting in any manner from the conduct of its own operation and operation of its agents, or employees under this Indenture, and for any loss, cost, damage, or expense resulting at any time from failure to exec' eroper precaution, of or by itself or its own agents or its own employees. The liability of thetate for claims arising from the use of the above- described land is governed and limited by Minnesota Statute Section 3.736 and other law. The liability of landowners who permit without charge, any person to use their land for recreational purposes is limited by Minnesota Statute gestierrr..CRrpveir_.fvo4 A. 3. The specific trail alignment will be determined by mutual agreement between both Parties. 4. The party of the Second Part agrees to properly define the boundaries of the trail, and designate such through posting or signs, landscaping, and fencing. 5. The partyof the First Part agrees not to construct any buildings, structures or other improvements on the easement or cut any trees or remove any vegetation from the easement without written consent of the Commissioner of the Department of Natural Resources. 6. The party of the First part , for itself, its successors and assigns, reserves the right to use any existing roads and utility lines. Specifically, it reserves the right to use the cartway located in Government Lot 2, Section Five (5), Township One Hundred Fifteen North(115), Range Twenty Two (22). If there is no existing road or utility lines across the easement, and there is a need for such, the road or utility shall be at a location approved in writing by the Commissioner of the Department Natural Resources. 7. The party of the First part, for itself, its successors, and assigns reserves the right to enter upon the easement area for any lawful purpose provided there is no unreasonable interference with the use of said easement by the party of the Second part, its successors, and assigns in the maintenance and operation of a multi-purpose recreational trail. 8. The parties agree that the easement area shall not be used by the public who uses motorized vehicles such as all terrain vehicles, go-carts, dirt bikes, or motorcycles and the like. Such vehicles are strictly prohibited. The following activities are acceptable in the easement area: hiking, biking, roller blading, cross country skiing and other such common recreational uses. 9. Fencing and style: The party of the Second Part, at its own expense, shall undertake the following: the trail design shall be architecturally sensitive to the historic nature of the Murphy's Landing Museum. Including but not limited to, conservative use of contemporary signs, use of historic-type fencing that is both aesthetically appropriate and provides security for the Museum site. Particularly, wrought iron fencing will be constructed in the"overlook"area, while chain link fencing used in conjunction with natural plantings;landscaping and burming on the remainder of the trail grade. The trail surface shall have a bituminous surface. 9 Signs: The party of the Second Party agrees to erect signs, at its own expense, designating the trail boundary, location of public rest rooms, and acceptable trail uses. TO HAVE AND TO HOLD THE SAME, TO THE STATE,ITS SUCCESSORS AND ASSIGNS, FOREVER. IN TESTIMONY WHEREOF,the said parties of the First Part have hereunto set their hands the day and year first above written. CITY OF SHAKOPEE By: ITS: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this dayCity, of Shakopee, BY: ' ITS: Notary Public Commission expires: STATE OF MINNESOTA,DEPARTMENT OF NATURAL RESOURCES William Morrissey Director of Parks and Recreation STATE OF MINNESOTA ) ) s.s. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 1997. Notary Public Commission Expires: This Instrument Was Drafted By: Bureau of Real Estate Management Department of Natural Resources Approved as to Form and Execution Bruce Specktor Assistant Attorney General Minnesota Valley SRA Scott County Parcel 159- City of Shakopee Acquisition No. 113380 That part of Government Lots 1 and 2 of Section 32, Township 116 North, Range 22 West, the West 1000 feet of Government Lot 3 of Section 4 and Government Lots 1 and 2 and the Northwest Quarter of the Northeast Quarter of Section 5, Township 115 North, Range 22 West, Scott County, Minnesota, lying southerly, easterly and northerly of the following described line: Beginning at the intersection of the southerly shoreline of the Minnesota River and the north bank of Mill Creek; thence westerly along said north bank of Mill Creek a distance of 800 feet; thence southeasterly a distance of 600 feet; thence easterly for a distance of 400 feet to a point 50 feet southerly of the top of the southerly bank of the Minnesota River; thence easterly 400 feet to a point 20 feet southerly of the existing trail; thence. easterly, northerly, southeasterly and easterly along a line 20 feet southerly of the existing trail for a distance of 3600 feet to the east line of said Government Lot 1 of Section 5; thence continuing easterly a distance of 1000 feet to a point on the east line of said West 1000 feet of Government Lot 3 of Section 4 a distance of 457.20 feet north of the northerly right-of-way line of Minnesota Trunk Highway_No. 101 and there terminating. Containing 24 acres, more-or less. ALSO A strip of land 150 feet in width, lying northerly of, parallel with, adjacent and contiguous to the following described line: Beginning at the intersection of the southerly shoreline of the Minnesota River and the north bank of Mill Creek; thence westerly along said north bank of Mill Creek a distance of 1700 feet and'there terminating. Containing 6 acres, more or less. ALSO That part of Government Lbt 8 of Section 1, Township 115 North, Range 23 West, and Government Lot 3 of Section,6, Township 115 North, Range 22 West, described as follows: A strip of land 20 feet wide and generally parallel with the southerly shoreline Minnesota River; beginning at the west side of platted Sommerville Street and extending easterly approximately 1250 feet through the area known as Huber Park to the east side of platted Main Street and there terminating. The specific trail alignment to be by mutual agreement between the City and State. The resulting corridor will be located within 10 feet on each side of the constructed trail. RES 12/20/91 Revised: 5/16/97 ��P� OF MIN(yFSOT � 9 Minnesota Department of Natural Resources o N m w � U �oJ 500 Lafayette Road St. Paul. ;M1innc,ota 55155-40 SOF NATURP�" April 28, 1997 Mark McNeill, City Administrator 129 Holmes Street South Shakopee, MN 55379 Re: Minnesota Valley Trail P159, 113380 Scott County Dear Mr. McNeill: . The attached map gives you a general idea of desired permanent easement over City of Shakopee property. The majority of this property is currently being leased by Murphy's Landing.- The portion not being leased by Murphy's Landing is located within the Municipal Park. The idea is to make a connection between the paved bike trail north of the parking lot and stream within the park, run on the north side of the stream and then cross the stream into the Murphy's Landing area. Details on exact location of the easement will need to be worked out with Frank Knoke, Park Manager, our engineering staff and City of Shakopee . It is the intent to build the trail in a mutually agreed upon location within the easement area. In past discussions between Frank Knoke and Marty, City Attorney (at the time) it was agreed that the easement area would be large enough to ensure proper trail alignment without incurring any survey costs. One title matter which will need to be addressed involves the property currently being leased by Murphy's Landing. According to the Scott County Recorder's records, the City of Shakopee conveyed by Quit Claim Deed to Scott County Historical Society the area now within Murphy's Landing. This conveyance was accomplished by two transactions. Document# 120021 and #120835 were filed with Scott County in 1969. I.;,i3O ,h(i • .1.11._ iil , ,i-I!�_S�\1 ;(1()_()•;7-:,)29 il,,y In 1987, by City Resolution No. 2775 the property in Document 120021 reverted back to the City of Shakopee. The property described in Document#120835 was never conveyed back and the title is presently under Scott County Historical Society ownership. In order to clear this matter, our attorney has advised that Scott County Historical Society Quit Claims to the City of Shakopee all property described in Documents #120021 and #120835. Therefore, any future questions about this ownership should be easily answered. The attached map shows the area excluded from Resolution 2775. I also enclosed a complete legal description to be used on the Quit Claim Deed to correct this title matter. After many years of on and off negotiations with the City, we are looking forward to completing this transaction at your earliest convenience. Sincerely, Teresa Thews Sr. Realty Specialist 612-296-0637 D\k Io rmattoi): O I -'�)h-hl 57, I .,,NOO- (,h-h11O • TTYTTY: 61'-Nn-5-184, )-M111-65'-;0'9 A I'nniril un Hi.•.,!ci!P.y,ri(',r,:.u;;:n_.i ��� `.licunum..1 I./'. p,�.).('.,n.,iinr N.1,1c a� L�escr� ;ah +o �e use �er Q C be�u�een Cc.�istSec;e1r Leq P QnCP C ;4y o-P SILkbPee The following part of the City property, which City property is dsscrihea as follow, to-wit: Government Lcts 1 and 2, Section 32, Township 126 North, Range 22 West; that part of Government Lots 1 and 2, the Northwest Quar• .r of the Northeast Quarter, and th- Northwest Quarter of the Northwest Qverter of Section 5, Township 115 North, Range 22 nest lying North of the north line of State Trunk Highway 0101, being Route I10, which said property to be conveyed by this deed is more particularly described as followings, lying East of the tcllowing line: Beginning at a point on the centerline of the West bound lane of Trunk Highway 0101, distal= 1671.07 feet (as measured along • the centerline of said lane) East of the West line of Section 5, Township 115, Range 22; thence North at right angles a distance of 202 feet; thence deflecting to the West at an angle of 87'48' a dirtance of 67.75 feet; tnence de:lectin , to the North at an angle of 23'10' a distance of 251.4 feet; thence deflecting to the North at an angle o. 23'38' a distance of -403.1 feet; thence North a dirtance of 130 feet more or less to a point 3C feet North of the North bank of the Mill Creek; thence Easterly and parallel to said North bank to the Mnnesota River and there terminating. >• z Z .)\ ? C. 9 •-• CX3 C4(74 • 1..1 •,I •:ti�•• ` e OD ;- W J y �,N. C1Or. .. 2r. E-i W...___________..:„.„.....) ,� g �•4 e .:.•• -�( .... . . ,,Ii‘Tif:. • • ':�• te' W 4):/ r r•3 3.). • '... 'N-• : 6 \',,... %)P'11) ) 44 '..c.:,..til;:'';:) f:.: ::. --. •kk •• )7.4,z 1, 3 ) , •4 •• ••:. ,\� \*. r.. 1 `1 . . .': ,..)%\ • . •....-1..--k„ 1\ \ ''',. 1 •.:,- :,:-.' '...•. • • M l,'.. -• x I •".: a:- ` • W CCS •.°V_ •..D .':.:: eco; - ell) si . „.„.•-"ilLt(1----./ ,---•:•- !. ': •.: -.1 al .. ..J`••� �( :� :, J::- STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES Bureau of Real Estate Management-Box 30 OFFICE MEMORANDUM DATE: May 16, 1997 TO: File FROM: Teresa Thews, BREM SUBJECT: MN Valley Trail P159 - 11338 - City of Shakopee Scott County Parcel 161 #113820 MN Valley Trail was previously owned by Scott County, but now owned by City of Shakopee. Therefore, this file is to be combined with Parcel 159 #11338. Please merge the files together and make note in our records that these two files have been merged into one. If Parcel 161 #113820 was put in abeyance at an earlier date, please change this status to the merge. it is not in abeyance. Thank you. C: AGO AIWS I-orm NO.s 1-M- UUI I CLAIM Ultstet) Minnesota Uniform Conveyancing Blanks(1978) Miller-Davis Co.,Minneapolis Corporation or Partnership to Corporation or Partnership No delinquent taxes and transfer entered;Certificate of Real Doc. 392599 Estate Value ( ) filed ( X ) not required OFFICE OF THE COUNTY RECORDER 19 SCOTT COUNTY, MINNESOTA Certificate of Real Estate Value No. certified Filed and or Recorded on D J> c,./'✓LOTL k vl � Pat Boec!onan, Co un County Recorder by Deputy County Auditor by .li / 0 Deputy �a'fTU.t-Plirtrn.T€ °:^EF H STATE DEED TAX DU//E HEREON:$ /.('pS „X..X,,,,„°:'a,. ..'r.l Date C.t til ,1/ ,19y 7 (reserved for recording data) FOR VALUABLE CONSIDERATION, Scott County Historical Society, Inc. ,anon-profit corporationunder the laws of Minnesota ,Grantor,hereby conveys and quitclaims to the City of Shakopee ,Grantee, a municipal corporation under the laws of Minnesota ,real property in Scott County,Minnesota,described as follows: That part of the following tracts lying north of the northerly right-of-way line of Minnesota Highway 101, being described as follows: Government Lots 1 and 2, Section 5, Township 115, Range 22; the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section 5, Township 115, Range 22; and Government Lots 1 and 2, Section 32, Township 116, Range 22, Scott County, Minnesota, d7-9os-co 3-o No.•3�3�0 d 7-�70 S-0.2(0-0 Deed Tax h n of$ .c a7-9057- 0028-0paid this, day of 1977_ 7 —9 3.2 013 — 9.3,?-6,/,7.-0,--.Sl�k.' , fonty Treasurer Cnriservation fzc Pahl (if more space is needed,continue on back) together with all hereditaments and appurtenances belonging thereto. SCOTT COUNTY HISTORICAL OCIETY, INC. Affix Deed Tax Stamp Here By /mss f D �J` Its iL,9� c STATE OF MINNESOTA ,, By —7 -11-1S i te }ss Its COUNTY OF SCOTT Theregoing instrument was acknowledged before me this/day of �.f-f-L L A:- /5'S 7 ,194c3- , by , a.-,,.r., pct l�c_.it�c.lex,— and ��t-.. �/ o . L.c--t.3 the 'L.c.It - and Q(1../(E-.,...„.I.,t l..,t.. ofScott County Historical Society, Inc. a non-profit corporation under the laws of Minnesota ,on behalf of the cor.oration (bi Icc.L . A L44_4—r, NOTARIAL -4,.0 ,, NOTARIAL STAMP 0 S �TtlEd�R RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT ("N4 ARLEEN M.RiCHAvR[ O. '.1 Tax Statements for the real property described in this instrument should be sent to(include name and address of Grantee): ,..4, My Corm.ExMies AO.31,If312 ,. THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): Karen E. Marty x Shakopee City Attorney City of Shakopee 129 South Holmes Street Shakopee, MN 55379 AltilD Form No.31-M— QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks(1978) Miller-Davis Co.,Minneapolis • Corporation or Partnership to Corporation or Partnership No delinquent taxes and transfer entered;Certificate of Real Doc. 3 9 2 5 9 9 Estate Value ( ) filed ( X ) not required OFFICE OF THE COUNTY RECORDER 11 SCOTT COUNTY, MINNESOTA Certificate of Real Estate Value No. certified Filed and or Recorded on May &O ,19 97Y 2 0 197 q A. N. -� Pat Boeckman, County Recorder / t. .-1//1"61146d/41/ by Deputy County Auditor by / .����'� Deputy �R , rt�� P Y �b L C Tf :.;:,.T �,,, f �n� er:a f TI'+p r 0. STATE DEED TAX DUE HEREON:$ J.tar _f t ' Date CDILL) d 1 ,10 7 (reserved for recording data) FOR VALUABLE CONSIDERATION, Scott County Historical Society, Inc. ,anon-profit corporat ionunder the laws of Minnesota ,Grantor,hereby conveys and quitclaims to the City of Shakopee ,Grantee, a municipal corporation under the laws of Minnesota ,real property in Scott County,Minnesota,described as follows: That part of the following tracts lying north of the northerly right-of-way line of Minnesota Highway 101, being described as follows: Government Lots 1 and 2, Section 5, Township 115, Range 22; the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section 5, Township 115, Range 22; and Government Lots 1 and 2, Section 32, Township 116, Range 22, Scott County, Minnesota, dr/..q0,5--003-0 No. .37��0 a27-q0 5--0.2(0-0 a7-905-- 0.8-0 Deed Tax here n of$ -- 302-013-0 paid this day of , 19 — 9307-6)/a o 1427,^- `t_l1w. County Treasurer Conservation F2r Paid (if more space is needed,continue on back) together with all hereditaments and appurtenances belonging thereto. SCOTT COUNTY HISTORICAL OCIETY, INC. Affix Deed Tax Stamp Hem By.1/(?-efppI& �,cIts STATE OF MINNESOTA Bye --r e. .-A-- ct P1� 1 ss Its COUNTY OF SCOTT �- The egoing instrument Arm acknowledged before me this/day of r/-L L I /-`7 7 ,19-9-5 , by ellt._„.,e, � - oJ.A , te.Pu� and -u </t...c-<1-3 the it.e-u ct A and c.X to Ct .1,t t.l.l.t.__ ofScott County Historical Society, Inc. ,a non-profit corporation under the laws of Minnesota ,on behalf of the cco,r oration ( , . ��r2I Lk 1"--(1-`1A-7" NOTARIAL STAMP 0' S,; !, • ,IP411. .IR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT ».,,, ARLEEN M. RtCHftlitr:C R Tax Statements for the real property described in this instrument • _,_'�I,spry Ne r Ma �'t ; rt .,:r t,.'f should be sent to(include name and address of Grantee): a�`ry. kly Cora.Expires Ain.31,2049 , THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): Karen E. Marty x Shakopee City Attorney City of Shakopee 129 South Holmes Street Shakopee, MN 55379 CITY OF SHAKOPEE ' 4/' ' Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Refuse Collection Contract Renewal DATE: June 24, 1997 INTRODUCTION: The Council is asked to give direction as to whether it wishes to renew the contract with Waste Management,Inc. (WMI) for residential garbage pickup, or seek new proposals. BACKGROUND: The attached letter of June 16th from WMT proposes to extend the existing contract for residential garbage pickup and recycling. WMI has had the contract in Shakopee since November, 1987. As shown, they would continue the existing level of service, and would also continue through 1998 at the same pricing. In 1999 and 2000,they propose to add an annual cost of living adjustment based on the consumer price index. OPTIONS: 1. 96 Gallon Collection- They propose to add a third container size(96 gallon)for$11.12 each month for larger generators of household waste. There is no impact on the City. 2. Yard Waste - WMI also proposes to add a monthly charge of$1.50 per household for unlimited yard waste collection. This would eliminate the need to purchase coupons at City Hall. We do not recommend this service, as the cost to Shakopee home owners (3,829 homes have refuse service)would be$18.00 per year. At$18.00 per year WMI would collect nearly $69,000 extra. The annual receipt from coupons sales has been averaging about $8,000 per year. In addition to the financial impact, it also runs contrary to the concept of "user pays". Even with the suggested change in pricing from WMI to increase the coupon cost per bag, it would still not be in the financial best interest of most of the rate payers to go with that option. We will work with WMI to see if places other than City Hall might sell the coupons. They are also open to other alternatives regarding yard waste pick-up. If the City is interested,those alternatives could be incorporation into a final contract by the time it would come back for formal renewal (the expiration date is January 14, 1998). 3. Sales Tax-WMI will bill the City separately for recycling and refuse services. A new State law in 1998 will increase the sales tax on refuse services by 2.25%. It is not applicable to the recycling charge ($2.25). The separate billing would be only to the City (customers would still have only a single bill), and would result in less cost ultimately to be borne by the customer. RECOMMENDATION: While it is possible to go out for quotes,there would be a significant amount of staff time involved in putting together specifications that could be bid on equally by different vendors for refuse and recycling services. There is also the reality of needing to change all refuse containers and potential pick up routes, should a different supplier be granted the contract. By virtue of the fact that we have had satisfactory service from WMI, and that they propose only cost of living increases for years two and three of the contract,we recommend that the contract be drafted to extend the duration for three years, effective January 14, 1998. Note that this is being brought to the City Council more than six months early, so that if there is direction from the Council to seek alternative quotes, that sufficient time will be available to do that. ACTION REQUIRED: If the Council concurs, it should, by motion, direct that a contract extension be drafted with the options outlined above,to be brought back to the Council for final consideration at a future meeting. Mark McNeill City Administrator MM:tw Waste Management-Savage 1244848Pennsylvania AvenueueSouth Savage, Minnesota 55378 A Waste Management Company 612/890-1100•FAX: 612/890-5143 June 16, 1997 Mark McNeill City Administrator City of Shakopee 129 South Holmes Shakopee, MN 55379 Dear Mr. McNeill: Thank you for the opportunity last week to discuss the contract between Waste Management and the City of Shakopee. I enjoyed meeting you and Bruce Loney and look forward to working with you into the future. I am pleased to offer the following contract extension proposal and optional service enhancements for the City's consideration: Contract Extension. Waste Management (WMI) proposes an extension of three years to the contract between WMI and the City of Shakopee. We strive to provide the City and its residents with the most efficient, thorough services available, including: • Commingled and mixed paper recycling with the 4Cs boxboard (WMI exclusives) • Same day trash and recycling service • Friendly, competent drivers and customer service representatives • A professionally-staffed Customer Service Center that takes calls 6:30 a.m. to 5:30 p.m. Monday through Friday and 8:00 a.m. to noon on Saturdays, plus a 24-hour voice mail system for customer calls. We at Waste Management value our relationship with the City of Shakopee. Every member of our team works hard to meet and exceed your expectations. We want refuse and recycling service in Shakopee to be free of hassles and complaints. I trust we have succeeded. We recommend a three-year extension to continue the City's current high level of service. WMI Charges. Waste Management has been servicing the City of Shakopee at its current rates since October 15, 1993. Prior to that, our rates were higher; we lowered the rates when we were able to reduce our disposal costs. We have not requested an adjustment in our charges for almost four years. With our proposal for the three-year extension. we offer to continue through 1998 at our current charges. Beyond 1998, we request an annual adjustment to our charges based on the Consumer Price Index (CPI - all Urban Users). A CPI adjustment on January 1 of 1999 and 2000 would simply adjust our charge according to the most-readily accepted index of inflation. A description of the CPI is included with this letter. a division of Waste Management of Minnesota, Inc. (0 The only immediate change in pricing WMI requests is to increase the coupon cost per bag of yard waste, either by increasing the cost of each coupon or reducing the number of yard waste bags each coupon buys. This price increase would not be necessary if the City opts for the yard waste service change discussed below. We also offer to separately bill for recycling and refuse services so the City can reduce its Sales Tax burden. WMI will separately invoice in the following way: :::''v!�ii:f:�k:i::i::ii:��iiiiiiiiii:'iii::i::::iii:::�ii:i:iiiii>i:'i:"'`iii'�'iiiii'riii::."'ii:v^iiiii`iiiiiiii i iijiv:?i:'�''iii::i::i::i::i:':Y•ii:i::ii?}.:.::iiiiiiiiiii:v^i::^ii:0iiii:{.':::J:�iiiiY:�iii'•'••viii:�:�iii:•iiii:vv^iiiiiiiiiiiiiii:� .. ..::.:: ::::::::;:i::i;:i;:;{i;i;%;:'.;:,.. .:.;•>. ...iiiisii:i.ii:.i:.i:a}i}i i:;'. ; :'':::::;,....:..:..:...ii::iii:::ii::::i i:::< '�....:i:i;:.;.........•••::i::::::i::i::i::::::::.`;:i;:ii;':i }i.. ;.: i `i 's: .:::::::::::::.:::�:::::::iR". .:::.:i' :::i::i::i:;:i::i::ii: :i" a":•:. lm a: ''i 4:T' l iC. '':i}::::i}iiiiiiiiiiiii:?: sm. .: �: ::::::::::::::.::::::::: ::. ��.: �.::::::::::::::.:::: �c :�::.:.: ::�� ::::.::.:�::..i::: .::: : � :.::.:::::.:.::::: . . a::::::: : < < > »> »»morin << > mm 32 gallon $ 9.48 $ 2.25 $11.73 64 gallon $10.28 $ 2.25 $12.53 96 gallon (optional) $11.12 $ 2.25 $13.37 This change will be even more important with 1998, as the Minnesota Legislature has revised the method of collecting the State Environmental Fee from residential customers. Currently, the City must collect $2.00 every July 1 from its residents and remit the fee to the State. As of January 1, 1998, that fee is being eliminated and the Sales Tax on refuse services is being increased by 2.25 percent to replace it. The total state sales tax as of January 1, 1998, will be 9.75 percent on residential refuse charges. Recycling services will be exempt from the tax. Optional Service Enhancements. The refuse and recycling services the City provides its residents through its contract with Waste Management are both extensive and efficient. However, if the City wishes to enhance its services, consider the following: • Eliminate the coupons for yard waste collection services and replace them with unlimited yard waste service. WMI offers to add a monthly charge of$1.50 per household for this unlimited service, which includes collection and disposal. We will collect all yard waste set out weekly by City residents during the regular collection season. This service change would eliminate the City's administrative burden in selling coupons and the residents' hassles in purchasing the coupons. • Add a third service tier for the refuse service, giving residents the option of 96- gallon service. Currently, residents who generate more than 64-gallon service must either purchase coupons for extra bags or pay $9.00 per month for a second 64- gallon cart. WMI offers to add the 96-gallon option at just $13.37 per month, including the recycling charge (see chart above). Thank you very much for considering Waste Management's proposal to continue service to the City of Shakopee. I look forward to discussing this proposal with you and hope you will call me at 882-2319 at your convenience. Bj' k7SAi wishes orah Loon Le sgo Director of Municipal Marketing News United States Department of Labor Bureau of Labor Statistics Chicago, III. 60604 General Information: (312) 353-1880 FOR RELEASE: 7:30 A.M. CDT Thursday, November 14, 1991 Tentative Release Date for the November CPI: Friday, December 13, 1991 Consumer Price Index October 1991 Brief Explanation of the CPI Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPI's for two population groups: (1) a CPI for All Urban Consumers (CPI-U) which covers approximately 80 percent of the total population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI-W) which covers 32 percent of the total population. The CPI-U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day-to- day living. Prices are collected in 88 urban areas across the country from about 57,000 housing units and approximately 19,000 retail establishments--department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. In calculating the index, price changes for various items in each location are averaged together with weights which represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. Separate indexes are also published by size of city, by region of the country, for cross-classifications of regions and population- size classes, and for 27 local areas. Area indexes do not measure differences in the level of prices among cities, they only measure the average change in prices for each area since the base period. CPI HOTLINE CHICAGO 312/353-1883 CLEVELAND 216/522-3852 CINCINNATI 513/684-2349 INDIANAPOLIS 317/226-7885 DETROIT 313/226-7558 MINNEAPOLIS-ST. PAUL 612/290-3996 MILWAUKEE 414/276-2579 &die\-41-01 C>( 3194-C3 1 13'&0 - (Nonvii.A.i = DoCAA r\e(q - z 1 o Ca_ c 31a -981 - +D �cCe- BLS Fax-on-Demand - Chicago (312) 98/-9288 06-12- / Ui : iop gage UG Consumer Price Index United States City North Central Region January 1997 Average I I Percent change to I I Percent change to Group I Index I Jan. 1997 from - I Index I Jan. 1997 from - I Jan. I Jan. I Dec. I Jan. I Jan. I Dec. (1982-84=100 unless otherwise noted) I 1997 I 1996 I 1996 I 1997 I 1996 I 1996 All Urban Consumers CPI-U CPI-U All items 159.1 3.0 0.3 155.5 3.5 0.1 All items (other base)1/ 476.7 - - 253.1 - - Food and beverages 156.9 3.6 .2 154.1 3.8 .0 Food 156.5 3.6 .1 153.5 3.9 .0 Food at home 157.9 3.9 .1 154.0 4.1 -.2 Cereals & bakery products 176.5 2.9 .5 176.3 2.9 1.0 Meats, poultry, fish, & eggs 149.6 4.8 -.3 146.6 4.6 -.9 Dairy products 147.8 8.4 -.5 148.1 8.3 -.5 Fruits and vegetables 2/ 187.3 3.2 .1 178.1 4.5 -.9 Other food at home - 144.8 2.1 .8 140.2 2.0 .8 Food away from home 155.3 3.1 .2 153.1 3.6 .3 Alcoholic beverages 161.1 3.5 .4 160.9 3.3 -.1 Housing 2/ 155.1 3.0 .7 150.5 3.7 .7 Shelter 173.6 3.0 .8 170.1 3.2 .7 Renters' costs 3/ 182.7 3.5 2.0 174.6 4.0 2.2 Rent, residential 164.4 2.8 .2 161.3 2.9 .2 Other renters' costs 4/ 217.3 5.2 6.6 191.9 6.3 6.6 Homeowners' costs 3/ - 179.1 2.8 .2 174.2 2.8 .2 Owners' equivalent rent 3/ 179.5 2.7 .2 174.7 2.9 .2 Fuel and other utilities 37 130.8 4.9 1.1 128.0 8.5 1.9 Fuels - 119.1 6.1 1.7 115.5 11.8 3.1 Fuel oil & other fuel commod 111.5 14.2 1.1 111.9 23.0 -1.1 Fuel oil 107.9 12.9 1.3 102.0 17.8 -.1 Other fuel commodities 5/ 147.6 17.3 .5 160.2 28.5 -2.0 Gas (piped) and electricity 124.9 5.2 1.7 120.4 11.3 3.3 Electricity 128.9 .8 .2 122.7 1.2 .2 Utility (piped) gas 120.8 15.5 5.0 119.9 25.2 7.1 Other util. & public services 2/ 159.7 3.4 .4 158.4 4.3 .5 Furnishings and operation 2/ 124.9 .6 -.1 122.3 .4 -.5 Apparel and upkeep 129.6 -0.3 -0.5 127.0 -0.4 -2.0 Apparel commodities 4/ 125.8 -.6 -.6 124.4 -.6 -2.2 Men's and boys' apparel 127.0 1.8 -.6 127.3 .6 -1.2 Women's and girlsapparel 121.5 -1.5 -1.5 120.0 -2.0 -4.4 Footwear 125.0 1.3 -.7 128.7 2.1 -.2 Transportation 145.0 3.6 -.1 143.9 4.7 -.4 Private transportation 141.8 3.2 .1 140.2 3.9 -.3 Motor fuel 108.6 10.1 .0 111.8 13.6 -1.6 Gasoline 107.9 9.9 .0 111.5 13.5 -1.7 Public transportation 185.8 8.3 -2.2 204.5 13.4 -2.0 Medical care 231.8 2.9 .5 224.1 2.1 .2 Entertainment 4/ 161.3 2.7 .3 160.8 3.8 .2 Other goods an services 2/ 220.0 3.8 .6 213.7 3.1 .4 Personal care - 151.6 1.7 .7 145.0 2.0 .3 Commodity and service groups: Commodities 141.5 2.7 .1 140.6 2.9 -.4 Commodities less food & bev. 132.1 2.0 .0 132.8 2.4 -.7 Nondurables less food & bev. 133.8 3.1 .1 135.1 3.8 -.9 Durables 129.7 .3 -.2 128.8 .2 -.4 Services 177.0 3.3 .5 171.5 4.0 .6 Medical Services 236.3 3.1 .6 228.1 2.4 .2 Special indexes: All items less shelter 155.0 3.1 .2 151.6 3.7 .0 All items less medical care 155.0 3.1 .3 151.8 3.7 .2 All items less energy 165.3 2.7 .3 161.8 2.8 .1 Energy 113.3 7.9 1.0 113.3 12.7 .9 All item less food and energy 167.5 2.5 .3 163.9 2.6 .2 Commodities less food 133.3 2.1 .0 133.9 2.4 -.6 Nondurables less food 135.4 3.1 .1 136.6 3.8 -.8 Nondurables 145.5 3.4 .1 144.6 3.8 -.5 Services less rent of shelter 3/ 185.9 3.7 .4 177.4 4.7 .6 Services less medical care sere. 171.5 3.4 .5 166.2 4.1 .7 Urban Wage Earners and Clerical Workers CPI-W CPI-W All items 156.3 3.0 0.3 152.1 3.5 0.1 All items (other base)1/ 465.7 - - 246.1 - - 1/ utner base: unites states city Average 19b/=1UU North central xeglon: December 19//=100 7/ This index series will undergo a change in composition in January 1998. 3/ Indexes on a December I982=100 base. 4/ This index series will no longer appear in its present form after December 1997. 5/ Indexes on a December 1986=100 base. - BLS FAXSTAT-CHICAGO (312) 987-9288 Document No. 9221 CITY OF SHAKOPEE EA. Memorandum CC iY. � s TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Library Air Conditioning Unit DATE: June 25, 1997 INTRODUCTION: The Council is asked to approve the replacement of a seven and one-half ton roof top air conditioning unit from Associated Mechanical, for the public library. BACKGROUND: Earlier this year, we were advised that a four ton roof top air conditioning unit at the library had failed, and needed to be replaced. Council authorized quotes to be taken, and in May, that unit was replaced by Associated Mechanical. The four ton unit was the smaller of the two roof top units at the library. The larger unit, a seven and one-half ton capacity, failed on June 24th. Both units were 18 years old, and obviously had similar life spans. Given the necessity of having a functional air conditioning system as soon as possible (the smaller unit can not handle the demand of the entire building by itself), I directed staff to get two quotes on a replacement of the unit. Two quotes were received they were: Rons Mechanical $ 7,416.64 plus wiring Associated Mechancial $ 5,950.00 plus wiring. As shown, the lower of the two is Associated Mechanical. Given the fact that it takes time for the unit to be installed, I directed that Associated Mechanical process the work order,with the understanding that official verification would be needed by the City Council at the July 1st meeting as this expenditure is not in the budget. BUDGET IMPACT: The $ 5,950.00 were not provided for in the 1997 budget, and, as such,will need to be taken from the contingency portion of the budget through a budget amendment later. RECOMMENDATION: I recommend that the Council affirm the order for replacement of the roof top air conditioning unit from Associated Mechanical, and attendant wiring from an electrical contractor. ACTION REQUIRED: If the Council concurs, it should,by motion, affirm the purchase of a roof top air conditioning unit, and its installation, along with necessary wiring costs, as recommended above, from Associated Mechanical for$5,950.00. Mark McNeill City Administrator MM:tw JUN-24-97 TUE 11 :24 AM ASSOCIATED MECHANICAL FAX NO. 6124455119 P. 02 SSOCIATED mechanical contractors, inc. /4 1257 Marschall Road,Suite 104, P.O. Box 237 • Shakopee, MN 55379 Phone:612/445-5100 Fax:612/445-5119 PROPOSAL To CITY OF SHAKOPEE Date JUNE 24, 1997 129 SO. HOLMES STREET Building PUBLIC LIB .ARy SHAKOPEF, MN 55379 Location 235 SO. LEWIS ST. ATTN: MARK MCNEILL SHAKOPEE. MN The undersigned hereby proposes to furnish for the above building all materials, labor and equipment and perform all work for the replacement of the existing Lennox 7 1/2 ton combination heating/ cooling rooftop unit with a pew Lennox 7 1/2 ton For the sum: Five thousand nine hundred fifty dollars 0,950.00 INCLUSIONS: 1. Removal of old 18 year old Lennox rooftop unit and installation of New Lennox Model GCS24-953-200 rooftop unit. 2. Full modulating economizer 3. One year warranty on all parts and labor 4. Extended 4 year warranty on compressor 5. Curb adapter 6. Gas disconnect/reconnect with orsat test EXCLUSIONS: No wiring ALTERNATE: THIS PROPOSAL VOID IF NOT ACCEPTED WITHIN THIRTY DAYS FROM ABOVE DATE. ALL MATERIAL PURCHASED AND ALL LABOR PERFORMED DURING ANY ONE CALENDAR MONTH IS DUE AND PAYABLE ON THE 10TH OF THE SUCCEEDING MONTH. THE PARTIES TO THIS CONTRACT AGREE THAT IF SAID CONTRACT IS NOT COMPLETED BY ANY COST INCREASE OF MATERIALS AND LABOR, SUBSEQUENT TO ABOVE MENTIONED DATE, SHALL BE ADDED TO THE ORIGINAL CONTRACT PRICE. r' • B''�Ugbs it ,..A •moi I Accepted By -- 24 HOUR EMERGENCY SERVICE -- 06/27/1997 10:58 6124455053 RUNS MECHANICAL PAGE 02 V % Psooucr ii$ L` �.0 �„, 4 ...T _..._. (A-t Kls tat.O/en W.OWL ToOMcr MC TOLL flit l �p PrOPOSat Page No. of Pages RON'S MECHANICAL, INC. 12010 Old Brick Yard Road SHAKOPEE, MINNESOTA 55379 Phone 445-8585 PJ OPOSAL BMfl TO a- tie.--` i yS= 34s-b ` '� (o - 14 QTY.STA op.,.., I .t`G,. a,�I"Ca.✓ Joe .Aacrartcr '?" •� 3 S .4.C., OATE of PLANS 'S � S'3 . P.0 _ 3$'3G We hereby ears epad5eatipna end estimates for: o- ._rt2i-4 __.._ GAF'__ . 77 .-ten o ,rt,! _-._._ __.._ ...... .__-_ 4.45.2.4/.. 9S3 -e�od .S Ta,.,/ ZofrX30 __,_ . Ott ..__.___....._ ��.+IP ici i-c, --ar,�.A._ ?-... m€4.. ..�1-Jit.. ?"_ T ___._...__...,,..--.._____..__._._.._---.._....__.._.__, . .. fro '7 o £ mo It-7 k-- A..,4 .441Z.e.n..' .1..r2 . __, lot provost hereby to furnish material and labor---complete in accordance with above specifications,for the sum of: / dollars(S )- to be as foams: ip' ' 4, Aj . I AN material n imam/dead to be as apadaed.Aa work !be completed in a*admwdike i `s-////{{�� mannan ea mma g to standard practices.Any adter�wr or deviation from above aWeiFcadions Natttwraad .f� involving tetra costa era be executed only upon written orders,and win beo0me an totbe �� / charge over aro some rtes eelknw.Na aareemerds Mddineerd coon*ike& acddents «daleye band our aomret.omrer ter canna Gro,tomes area oenr nveoaaesY"wen"- OlOte:This' •• . malt be /r Our waiters are tray severed by Wormers Campemetioe insurance. withdrawn by us rt read wdthtn c Q days. N______— , Arttptaorr of Proposal—The above prices,specil cations and cordbons art sabstactttry and are hereby accepted. You are auchWueO Signature to do the work as Specified.Payment will be made as outlined above. pale of Acceptance. �y. . d . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Hall Asbestos Removal Bids DATE: June 27, 1997 INTRODUCTION: The City Council is asked to authorize plans and specifications be drawn up, and that quotes be taken for the removal of asbestos ceiling tile in the basement of City Hall. BACKGROUND: As part of plan preparation for the remodeling of the downstairs community room for use by offices as the Scott Joint Prosecution Association, it was discovered that the room may contain asbestos ceiling tiles. In May Council authorized Legend Environmental Services to test all of the downstairs to determine how widespread the problem was. The results of their test were received at City Hall recently. As shown in the excerpts of the report, approximately 2,800 sq. feet of asbestos tiles remain the downstairs portion of City Hall The rooms affected are the large community room,the northwest storage room currently used by Parks and Recreation, and a portion of the corridor. Legend estimates that removal of the panels would be $15,900, if done during the summer months,plus their on-site monitoring costs of $2,500. They further estimate it would be approximately one week to complete. Design work for Scott Joint Prosecution remodeling has been on hold until this issue gets resolved. BUDGET IMPACT: The estimated$18,400 is not provided in the budget. This would need to come from contingency in the operating budget. While it is possible to limit removal work to only the portion directly impacted by the SJPA remodeling project, at some point,the rest of the work will need to be done as well. It will likely not be any less in price to do it in the future. In the interest of the efficiencies of volume, I recommend that all of the abatement be done at this time. For the work to be done, Legend would need to put together some very basic plans and specifications, and, since the work is estimated to be less then$25,000, competitive quotes would be sought from 3 or more providers, if available. The cost for Legend to put this together was included in their original bid(along with testing) of not to exceed $1,000. They can provide three or more companies for walk through from which bids maybe obtained. RECOMMENDATION: We recommend that Legend Environmental be directed to put together plans and specifications, and seek quotes for the removal of asbestos-containing ceiling tiles. ACTION REQUIRED: If the Council concurs, it should,by motion, direct that Legend Environmental Services put together plans and specifications, and that competitive quotes be sought for the removal of asbestos-containing ceiling tiles in the basement of City Hall. /lik4), 4\NA:A Mark McNeill City Administrator MM:tw LEGEND1111 NTECHNICAL SERVICES, INC. June 16, 1997 U Mr. Mark McNeill City Administrator City of Shakopee 129 Holmes Street South Shakopee, MN 55379 SUBJECT: Asbestos Sampling Results City Hall Basement Shakopee, MN LEGEND No. 97-1763 NDear Mr. McNeill: 11111 LEGEND TECHNICAL SERVICES, INC. (LEGEND) is pleased to submit this report of our asbestos survey of the ceiling finishes located in the basement of the City Hall located in Shakopee, Minnesota. This report includes our findings with the types and locations of any asbestos containing materials within 11111 the building. Please call us at 612/642-1150 if you have any questions on the report. We look forward to continuing to work with you in the future. cordially, 111 LEGEND TECHNICAL SERVICES, INC. Keith Giorgi Project Manager 111 /kg 1111 111 11111 INDOOR ENVIRONMENTAL QUALITY AND LABORATORY SERVICES 775 Vandalia Street St. Paul, MN 55114 "An Equal Opportunity Employer" tel 612.642.1150 fax 612.642.1239 NARRATIVE REPORT 1.0 INTRODUCTION 1 The scope of LEGEND's services was limited to a walk-through survey to sample ceiling finishes and determine if they contain asbestos within the basement of the Shakopee City Hall. Site work was performed on June 4, 1997 by Keith Giorgi of LEGEND. 2.0 BACKGROUND INFORMATION The basement of the City Hall currently is composed of storage rooms,conference rooms, offices, a lunch room, mechanical room, and various support areas including bathrooms, stairwells, corridors, etc. Wall and ceiling finishes in the basement consisted of various types of suspended lay-in ceiling panels, ceiling tiles, textured spray, and wallboard. 3.0 ASSESSMENT PROCEDURE A walk through survey of the building was performed which included sampling ceiling materials suspected of containing asbestos. The materials were analyzed in LEGEND's laboratory for asbestos content. 3.1 Analytical Procedure - Asbestos Analysis for the presence of asbestos fibers in bulk samples is performed using polarized light microscopy (PLM) and dispersion staining techniques. The analysis was performed using an Olympus BHSP microscope at 40-200X magnifica tion in accordance with current U.S. Environmental Protection Agency (USEPA) protocols, "The Interim Method for the Determination of Asbestos in Bulk Insulation Samples", EPA 600/M4-82-020 (December, - 1982). LEGEND's lower detectable limit for bulk asbestos fiber concentration is 1% based on EPA/NVLAP (National Voluntary Laboratory Accreditation Program) sample analysis procedures using PLM. The 1% limit is based on training and subjective measurements, including confirmed asbestos fiber(s) area coverage to sample portion on prepared microscopic slide mounts and/or comparing stereomicroscopically the estimated volume of asbestos fibers to be the total sample composition. The estimate is based on the number of observed fibers on a minimum of two prepared slide mounts. Samples reported as "None Detected" contained no detectable fibers in the sample portions analyzed and are estimated to contain 0.1% or less of asbestos. Appendix A tables identify bulk samples collected and their asbestos content. 4.0 DISCUSSION Results of the bulk sampling are as follows: 4.1 Suspended Lay-In Ceiling Panels Samples were collected of the various types of suspended lay-in ceiling panels and results show that the 2' x 2' ceiling panels located in the northwest storage room, large north conference room, and adjacent corridor are asbestos containing. There are approximately 2,800 square feet of the asbestos panels and LEGEND would estimate the costs to remove the ceiling panels at $15,900.00 during the summer months. LEGEND's fees for on-site monitoring during abatement would be approximately $2,500.00. The work would require approximately one week to complete. Page 1 of 2 4.1 Suspended Lav-In Ceiling Panels (continued) The remaining ceiling panels sampled were all non-asbestos containing. 4.2 Ceiling Tiles (1' x 1') Samples were collected of two variations of 1'x 1' ceiling tiles which were found in the west corridor and in the small conference room located adjacent to the lunch room. Results show that both types of tiles are non-asbestos containing. 4.3 Textured Ceiling Spray Samples were collected of the spray applied textured ceiling spray located in the corridor just outside of the women's restroom and results show that it is non-asbestos containing. 4.4 Wallboard mgSamples were collected of the wallboard located in the basement and results show that it is non-asbestos containing. It should be noted that wallboard is present on some ceilings IIIand on the walls of the basement. Refer to the attached diagram for locations of asbestos bulk samples and asbestos ceiling panels. Oil5.0 STANDARD OF CARE The recommendations in this report represent our professional opinions. These opinions were 0 arrived at in accordance with currently accepted architectural, engineering, minimum code, and industrial hygiene practices at this time and location. Other than this, no warranty is implied or intended. Oil The samples will be retained P by our laboratory for 30 days from the date of this report and then discarded unless other instructions are received from the client. miSubmitted by: - LEGEND TECHNICAL SERVICES, INC. 14:47 IIII Keith Giorgi r � t Project Manager ,-- Wry ;icroscopist U U U MIPage 2 of 2 n A N 0 0 Z 0 A N = N u N A n0 00 A C / A X1a z n A aO r z 1 A m O s 7° m n z D ______ag 1 m a * n O Z ; jliL_ I c = i co rn CNz o NDo o mclii O a s n W 2 n m xi m m o N "i rn rn O rn 1 Otylo ay� � ��� � ��� � � r � �� n r g d I s a . w o n tik m Z9 -; i z' .�� sok bZ.. ,� � ; ti F da r• Z m 1— r•r O C) O01 0 z c z 0 0 Ii ! , 0 A x = N CONSENT ��• • 7, MEMORANDUM TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Apportionment of Special Assessments for Hauer's 5th DATE: June 25, 1997 INTRODUCTION: Attached is Resolution No. 4698, which apportions existing special assessments against newly created lots located within Hauer's 5th Addition. BACKGROUND: Prior to the platting of Hauer's 5th Addition, one of the original two parcels had special assessments against it for sanitary sewer and water services and for curb and gutter along CR- 16 east of Marschall Road in the amount of $14, 991.36 and $688.50 respectively for parcel #27-908014-1. Now that the parcels have been subdivided into smaller lots as a result of platting, it is necessary to apportion these assessments against each of the new lots. Resolution No. 4698 apportions the existing special assessments against the newly created lots within the plat of Hauer's 5th Addition. The developer has agreed to this apportionment in the developers agreement for this subdivision. RECOMMENDED ACTION: Offer Resolution No. 4698, A Resolution Apportioning Assessments Among New Parcels Created As A Result of the Platting of Hauer's 5th Addition, and move its adoption. Cidit C1'6-lerk h\judy\appmemo RESOLUTION NO. 4698 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF HAUER'S 5TH ADDITION WHEREAS, on December 3, 1996, Resolution No. 4567 adopted by the City Council levied assessments against properties benefited by the installation of the CR-16 sanitary sewer and water services between CR-17 and CR-83 , Project No. 1994-11; and WHEREAS, on November 19, 1996, Resolution No. 4568 adopted by the City Council levied assessments against properties benefited by the installation of construction of curb and gutter from CR-17 to approximately 1, 000 feet east of CR-83 , Project No. 1995-3 ; and WHEREAS, two tracts of land benefited by the said improvements, known as parcel numbers 27-908014-0 and 27-908014-1, have been subdivided into the plat of Hauer's 5th Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against these parcels because of the platting of Hauer's 5th Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1997 payable remaining balance of assessments (to parcel 27-908014-0 is $ 0 for the 1994-11 Project and is $ 0 for the 1995-3 Project and to parcel 27-908014-1 is $14,991.36 for the 1994-i1 Project and is $688 .50 for the 1995-3 Project) is hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that all other parts of Resolution Numbers 4567 and 4568 shall continue in effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997 . , Mayor , City Clerk h\judy\apphauer EXHIBIT A Assessment Reapportionment for Hauer's 5th Addition P.I.D.NO. OWNER LEGAL 1994-11 1994-11 DESCRIPTION ASSESSMENT ASSESSMENT 27-229001-0 Eugene F Hauer LOT 1 BLOCK 1 $4,997.12 $229.50 2088 Hauer Trail HAUER'S 5TH Shakopee,Mn. 55379 ADDITION 27-229002-0 Eugene F Hauer LOT 2 BLOCK 1 $4,997.12 $229.50 2088 Hauer Trail HAUER'S 5TH Shakopee,Mn. 55379 ADDITION 27-229003-0 Eugene F Hauer LOT 3 BLOCK 1 $4,997.12 $229.50 2088 Hauer Trail HAUER'S 5TH Shakopee,Mn. 55379 ADDITION 27-229004-0 Eugene F Hauer LOT 4 BLOCK 1 $0.00 $0.00 2088 Hauer Trail HAUER'S 5TH Shakopee,Mn. 55379 ADDITION Total= $14,991.36 $688.50 /5. E. 7. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Nominations to Fill Vacancy on Planning Commission DATE: June 24, 1997 INTRODUCTION: City Council is asked to consider making nominations to the Planning Commission to fill an unexpired term. BACKGROUND: At the regular meeting on May 6, City Council accepted the resignation of Mr. James Link from the Planning Commission and the Board of Adjustment and Appeals. Following Mr. Link's resignation, staff advertised the vacancy in the Shakopee Valley News for two weeks and on the third week the Shakopee Valley News published a short write up in the "In Brief" section. In addition, notice was placed on the bulletin board at city hall and on cable television on the government access channel. (In each case the write up included the Ad Hoc Library Committee as well as the Ad Hoc Committee for the EDA. ) Thus far I have received two applications for the Planning Commission vacancy. Pursuant to the guidelines for filling vacancies, it would be appropriate for City Council to nominate Mr. Dave Nummer and Mr. Michael Willard to the Planning Commission. The interview committee can then interview the candidates and make a recommendation to Council for the July 15, 1997, meeting. (Council may wish to continue to use the interview committee that was appointed for the February, 1997 interviews for expiring terms - Councilors Link and Zorn and City Administrator, Mark McNeill. ) ALTERNATIVES: 1. Continue to advertise for the vacancy 2 . Nominate applicants who have applied to date 3 . Do not fill the vacancy 4 . Conduct interviews by the February, 1997 interview committee 5. Appoint an interview committee 6. Do not hold interviews Nominations to Fill Vacancy on Planning Commission June 24, 1997 Page -2- RECOMMENDATION: Staff recommends alternatives 2 and 4, appoint current applicants and utilize the February, 1997 interview committee. RECOMMENDED ACTION: If City Council concurs with the staff recommendation: 1. Move to appoint Mr. Dave Nummer and Mr. Michael Willard to the Planning Commission and the Board of Adjustment and Appeals to fill the unexpired term of James Link ending February 28, 1999. 2. Move that Councilors Link and Zorn along with City Administrator, Mark McNeill conduct interviews of the candidates. 1, 4 j Jai S Cox, ity Clerk 11 h:\judy\vacancy.pc • Name : DA(//10 /14 AniMi ) Address : /2as--S9 4,v 5rkoPe re- Phone : (H) 3�/,3-2 (B) SDj-5,-y ' How long have you been a Shakopee Resident? 3 2 Its Occupation: C jV/L 6.i/9,nec4 - �'/Ty cr Pc yM Does your work require you to travel? (Check one) A great deal Periodically Very Little X None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) 5E2veo 45 77/e- EN�ji1/CEP/ % ✓� 'oi S)(4Fct /40///o,2 1h 727€ - R'9/t/4.i1 Mime/. 64.. 2 ' ye--425. Loa e rnJ j eivixi'4.E:;66 C9 S/ e. :215 i- ' dv- 4u64: f ,OG �,,�/r��.y7� e,-/4'- Board or Commission in which you are interested? Pe4/1iNiN6 (6r4-1A')/5i/4'j Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application : //VTE/67/i /f\J 5/4/1041/ 7ltC- zlrJdtc'-d e ,r/ EWY ,410 IA - of ..2 I " . • �- , j T fi�C" c17- Cr`" 5/144)0 . Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No X It yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1 . V PAW. 5/; )7-M /d _ 21ST. ,W mit 5 5-19/3 371 /49, 2 - re-RR y J7Ja 5 g`SG94,42 7 = eiR 0144' �/ys -tot/ 3 - P44/L Pc7cR /d 77 '957-zy2 Liv 5Ifiktkdoe� 4/v s'87 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge . p Sgnaturc /z2Y1-2 Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 RECEIVED JAN 281997 CITY OF SHAKOPEE -/b' -9 7 e /VL / Jt Name: Ah e /17 ✓,//AK 4 Address: /2 7 Ao#,e v✓ LZ • 5ZieAhe-- Phone:(H) 6‘t- f -yGf (B) 6a-- S3V-RZa, How long have you been a Shakopee Resident? .q e3 Occupation: ; v6¢nc e 'vs)C/ Does your work require you to travel? (Check one) A great deal / Periodically Very Little None Do you have any special interests or training which you feel a particular board or commission could use?(Use a separate sheet if necessary) / 1 My torr•. + Pas.4ion r'es,JI reS Ptulec✓ of /on�i'ifL7S. A .S0 40,:s c. idss/o.1 44,1 47014icAM L✓,I o4.- po43�Sibns<S . /l is . 4043 ke4•' t_//,i,/1rj . Board or Commission in which you are interested? (If more than one, please indicate order of prefe nce) A44,.f./ Lomm...4s.o4 Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: ,7- ,', A41 io it A 107 -&ri„1 lrs.4,z/ A"1 &' U /i A. 9,0sa of eom AV 0,1e y . Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any usiness, however organized, which could be constructed as a conflict of interest? Yes_ No . If yes, please provide the details on a separate sheet of paper. Please list three references(Name, Address, Phone): 1. r ' Aid • - Pr4lrit LA L1c0.4' 2. DSP 4 /fDTf"4/1 a 37 A on,o, d. .S it/6),), 9fS__7 73 3. ( L R s Le r 10 63 60 m,4r 144- i4 A'0,9 e qg - /S/8 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. *zJj Signature VO7 Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 ,,tet RECEIVED JUN 1 9 1997 CITY OF SHAKOPEE CONSENT CITY OF SHAKOPEE N.E. 9. Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Shakopee Rotary Club Premises Permits DATE: June 27, 1997 INTRODUCTION AND BACKGROUND: The Shakopee Rotary Club is applying for the renewal of their premises permits for the sale of pull-tabs. They are renewing their permits at Arnies, The Pullman and Turtles Bar and Grill. With this renewal application, the Rotary Club is applying for a second pull-tab box and sales area at Turtles. In addition, the VFW also has leased an area at Turtles for the sale of pull-tabs. This will bring the total of pull-tab box and sales areas at Turtles to three. Neither state law nor the City Code limit the number of pull-tab premises permits that can be granted at one establishment. (It is my understanding that the 2nd pull-tab box of the Rotary Club will not be in use during the times that the VFW is selling pull-tabs. ) Although the Rotary Club has not provided me with recent copies of their monthly reports, I am confident that they are in compliance with the City Code requirement that they expend 75% of their expenditures for lawful purposes on lawful purposes conducted or located within the city's trade area. (I have been assured by a representative of the Rotary Club that copies of their monthly reports will be forthcoming. ) RECOMMENDED ACTION: Offer Resolution No. 4697, A Resolution Approving Premises Permits for the Shakopee Rotary, and move its adoption. Judith S. Cox, City Clerk h: \judy\licenses\premises RESOLUTION NO. 4697 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING PREMISES PERMITS FOR THE ' SHAKOPEE ROTARY 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, Shakopee Rotaiy Club is seeking renewal of their Premises Permits at Corp-Tool, Inc., 122 East 1st Avenue; at Bretbecca Inc., 124 West 1st Avenue, and Turtle's Bar and Grill, Inc., 132 East 1st Avenue, Shakopee,Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Premises Permits for the Shakopee Rotary Club at Corp-Tool, Inc., dba Arnie's Friendly Folks Club, 122 East 1st Avenue; at Bretbecca Inc., dba Pullman Club, 124 West 1st Avenue, and Turtle's Bar and Grill, Inc., 132 East 1st Avenue, Shakopee, Minnesota,be approved. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota,held this day of, 1997. Mayor of the City of Shakopee ATTEST: City Clerk CART CITY OF SHAKOPEE Memorandum f y �L..fi . • TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Meadows West 3rd Addition-Accepting Public Improvements and Releasing Escrow and Payment Agreement DATE: June 26, 1997 INTRODUCTION: The City has been asked to release the balance in the escrow and payment agreement fund for the Meadows West 3rd Addition . BACKGROUND: When Mr. Fleck platted the Meadows West 3rd Addition he entered into a developer's agreement which provided that he would install public improvements. In order to insure their construction he entered into a escrow and payment agreement with a bank(Escrow Agent) and the City and deposited money with the Escrow Agent to cover the estimated cost of the improvements. The improvements have been completed and Mr. Fleck has provided the City with the required one year maintenance bond. Before the Escrow Agent can reimburse to Mr. Fleck the amount on deposit remaining(the amount deposited is 125%times the estimated cost of the improvements), the Agreement requires the City to adopt a resolution accepting the improvements. The attached resolution accepts the public improvements and authorizes the release of the escrow and payment agreement. There are a few additional plats which will require similar action by the City Council. Staff will bring them to Council as needed. Staff has amended the standard escrow and payment agreement for new plats. In the future this amendment will allow acceptance of the completed improvements by the City Engineer versus a resolution adopted by City Council. This will eliminate the need for Council action on this administrative task and will be consistent with the current practice by the City Engineer who accepts public improvements prior to the release of developers agreements. ALTERNATIVES: 1. Accept the public improvements for the Meadows West 3rd Addition. 2. Do not accept the public improvements. 3. Table the request for additional information. RECOMMENDED ACTION: Offer Resolution No. 4695,A Resolution Accepting Public Improvements for the Meadows West 3rd Addition, and move its adoption. OmW 4 ,0(K JuditfS.,Cox, City Clerk H:\Tami\Judy\R&M4695 RESOLUTION NO. 4695 A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE MEADOWS WEST 3RD ADDITION WHEREAS, on April 16, 1996, City Council adopted Resolution No. 4426, approving the final plat of the Meadows West 3rd Addition; and WHEREAS, on April 16, 1996, the developer of the Meadows West 3rd Addition and the City of Shakopee entered into a developers agreement insuring the developers construction of required public improvements; and WHEREAS, on April 16, 1996, the developer of Meadows West 3rd Addition,the City of Shakopee and Prior Lake State Bank entered into an escrow and payment agreement which provided for funds for construction of the required public improvements; and WHEREAS,the escrow and payment agreement requires that the City accept the completed improvements by resolution; and WHEREAS, the public improvements have been constructed by the developer and inspected and approved by the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, NIINNESOTA,that the public improvements for the Meadows West 3rd Addition are hereby accepted. BE IT FURTHER RESOLVED,that the City Clerk is hereby authorized and directed to release the said Escrow and Payment Agreement on file with the Scott County Recorder. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor ATTEST: City Clerk CITY OF SHAKOPEE CONSENT Memorandum CONSENT TO: Mayor and City Council E 11 FROM: Mark McNeill, City Administrator SUBJECT: City Administrator Employment Anniversary DATE: June 23, 1997 INTRODUCTION: The Council is asked to give direction as to how it wishes to handle the City Administrator's one year anniversary, which will take place July 22nd. BACKGROUND: As my one year anniversary is approaching, I ask that the Council give thought as to how it wishes to deal with that. I am not on the City employee pay plan, so we will need to reach some agreement as to what, if any, salary adjustment is to be forthcoming. I would suggest that you would direct me to put together a performance evaluation form,that you could individually complete. At a future date,probably in a workshop,those results could then be reviewed with me. Understanding the desire of at least some of you to avoid workshops in July if at all possible, I could begin work on an evaluation, and get that to you by probably the third week of July. In conjunction with one of the workshops to be held in August for budget review, you might also include the City Administrator evaluation at that time. RECOMMENDATION: I recommend that you direct that a performance evaluation form for the City Administrator be generated, and that any evaluation take place in August, and at that time consider any salary adjustment. ACTION REQUIRED: If the Council concurs, it should, by motion, direct that a performance evaluation form be generated, and that a workshop be held in August to review same. flit-161111\ . Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE /6 Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Closed Session - Labor Negotiations DATE: June 23, 1997 Following the regular portion of the July 1st meeting, the Council will be asked to go into closed session to discuss the status of labor negotiations. (XS �r 4 Mark McNeill City Administrator MM:tw