HomeMy WebLinkAbout12/14/1994 TENTATIVE AGENDA
ADJ.REG. SESSION SHAKOPEE, MINNESOTA DECEMBER 14 , 1994
LOCATION: City Hall, 129 Holmes Street South
Mayor Gary Laurent presiding
1] Roll Call at 7 : 00 p.m.
2] T.H. 101 Southerly Bypass Drainage - CR-17 to CR-18
a] Cooperative Agreement from Mn/DOT - memo on table
b] Res. No. 4139 - Approving Plans and Identifying Parking
c] Res. No. 4140 - Authorizing Execution of Agreement
3 ] Other Business
4] Adjourn to Tuesday, December 20, 1994 at 7 : 00 p.m.
TENTATIVE AGENDA
SHAKOPEE, MINNESOTA
COMMITTEE OF THE WHOLE DECEMBER 14 , 1994
LOCATION: City Hall, 129 Holmes Street South
Mayor Gary Laurent presiding
1] Roll Call at 7 : 30 p.m.
2] Joint meeting with officials from Scott County, Jackson
Township and Louisville Township - see agenda on reverse
3 ] Adjourn
Dennis R. Kraft
City Administrator
TENTATIVE AGENDA
Planning for Growth in Northern Scott County
Joint Meeting
Wednesday, December 14, 1994
7:30 P.M.
City Council Chambers Shakopee City Hall
129 South Holmes Street
Agenda Items
1. Introductions
a. City of Shakopee
b. Jackson Township
c. Louisville Township
d. Scott County
2. Timeframe for Shakopee Bypass construction
3. Timeframe for Chaska Interceptor construction
4. Review of the recent annexation for land north of the bypass
5. Open Response/Discussion from Elected Officials
6. Other Business
a.
b.
(,,p d,'ay ,e planninK'I2-I.tagen)
MEMO TO: Dennis Kraft, City Administrator
FROM: David M. Nummer, Staff Engineer Pmt
SUBJECT: T.H. 101 Southerly Bypass
DATE: December 12, 1994
INTRODUCTION:
In the December 14th Council packet is the Cooperative Agreement between Mn/DOT and the
City of Shakopee for drainage improvements associated with the T.H. 101 Southerly Bypass.
Mn/DOT has requested that the City execute this agreement at the December 14th meeting so as
not to delay the bid opening which is scheduled for December 16th.
BACKGROUND:
Staff met today with Mn/DOT representatives to discuss this project. The project can be divided
into three parts based on percentage of City cost share.
Linear Ponds 5 & 6
These two ponds are located on the south side of the bypass between County Road 17 and
County Road 83 (see attached map). The cost sharing agreement identifies these two ponds as
100% City cost, with the construction estimated at $684,719.80
The construction of these ponds was addressed in a Memorandum of Understanding dated August
21, 1991 (see attached). This memo indicates that the City will reimburse the costs for the pond
construction to Mn/DOT. The memo also states that the City will reimburse Mn/DOT for right-
of-way acquired for the ponds, outside of right-of-way Mn/DOT would have acquired otherwise
for the road. These right-of-way costs are not included in the current Cooperative Agreement.
Staff has requested that these costs be made available to the City as soon as possible.
Storm Sewers: Pond 5 to County Road 17 (85% City Cost)
The City's cost for this storm sewer is estimated at $103,503.38. The purpose of this storm
sewer is to convey storm water from Pond #5 to the storm sewer that was installed with the
County Road 17 bridge over the bypass last year. The cost split percentages represent an average
over the length of the pipe from Pond 5 to the Upper Valley Drainageway. The City agreed to
these cost split percentages with the Cooperative Agreement for the County Road 17 bridge, and
staff recommends continuing this policy.
•
K-Mart Pond (31% City Cost)
The K-Mart pond is located on the north side of the bypass, on the east side of County Road 83,
and extends almost a mile to the east (see attached map). This pond will be constructed to
accommodate drainage from the bypass, and to replace an existing pond which falls within the
roadway for the bypass. The City has requested that the pond be expanded from 69 acre feet of
storage to 100 acre feet to help alleviate existing drainage problems in the County Road
83/County Road 16 area (see attached letter dated September 18, 1989).
The K-Mart pond expansion will cost the City an estimated $194,812.56. Staff has reviewed the
cost split percentages, and feels that the proposal from the State is fair.
Funding Sources
The Finance Director has identified the following possible funding sources:
Storm Drainage Fund - Maximum $500,000
General Fund - Maximum $500,000
Capital Improvement Fund - Maximum 1,000,000
TIF - Amount depends on other TIF commitments
G.O. Bonds - Requires referendum
G.O. Reverse Bonds - Requires rate increase
Mn/DOT has indicated that payment of funds as identified in this Cooperative Agreement will
be due 30 days after the contract is awarded. Mn/DOT anticipates awarding the contract in mid
to late January, which would make payment due in February.
The costs identified in the Cooperative Agreement are based on Mn/DOT estimates. The actual
amount billed to the City will be based on the bid unit prices. The estimated unit price for
common excavation is $1.70 per cubic yard,which represents about$500,000 of the total amount
due. Staff believes the bid price for this item could come in lower than $1.70, which would
reduce the City cost for the projects.
Future Project Costs
In discussing the project with Mn/DOT staff, several other project costs have been identified
which were not included in the C.I.P., right-of-way acquisition for the linear ponds 5 & 6, and
cost participation on the next segment of the bypass. Staff has requested that Mn/DOT notify
the City of estimated costs as soon as possible.
ALTERNATIVES:
1. Authorize the appropriate City officials to execute the Cooperative Agreement with
Mn/DOT for construction of the T.H. 101 Southerly Bypass from the Bloomington Ferry
Bridge to County Road 17.
•
2. Do not execute the agreement.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
1. Authorize the appropriate City officials to execute the Cooperative Agreement with
Mn/DOT for construction of the T.H. 101 Southerly Bypass from the Bloomington Ferry
Bridge to County Road 17.
2. Direct staff to prepare a recommendation on the funding for this project.
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o �N'�ESOTgy Minnesota Department of Transportation
; ° Metropolitan District
Transportation Building
4 Qom St. Paul, Minnesota 55155
OF 11* Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128
Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422
Reply to
August 21, 1991 Telephone No. 290-3005 or
591-4646
Mr. David E. Hutton, P.E.
Public Works Director
City of Shakopee
/24.249" East First Avenue
Shakopee, MN 55379-1376
RE: S.P. 7005-53, 7005-54 & 7005-57 (T.H. 101)
Shakopee Bypass from T.H. 169 to C.R. 83
Construction, Right of Way, and Maintenance
Letter of Understanding (Revised)
Dear Mr. Hutton:
This letter shall serve as a revised Letter of Understanding between the City
of Shakopee and the Minnesota Department of Transportation (Mn/DOT) concerning
construction, right of way acquisition, and maintenance for the above
referenced project. This letter revises the previous Letter of Understanding
dated January 31, 1990, and signed by the City on February 6, 1990. The eight
color coded maps of the project that were attached to the previous Letter of
Understanding shall apply to this revised Letter. The cost participation
splits between the City and Mn/DOT will be included in separate, future
documents.
The State of Minnesota agrees to the following:
1. Proposed Trunk Highway 101 (from T.H. 169 to Old T.H. 101) and Overpasses
(CSAR 15, C.R. 77, C.R. 79, CSAH 17, CSAH 16, C.R. 83) (highlighted
yellow on sheets 1, 2, 3, 4, 6, 7 and 8) :
a) Construction shall be designed, let and supervised by Mn/DOT.
b) All right of way shall be acquired and maintained by Mn/DOT.
2. City's Linear Retention Pond (C.R. 79 to CSAR 16) (highlighted pink on
sheets 1, 4, 6 and 8) :
a) Mn/DOT shall acquire all right of way required.
b) Mn/DOT shall construct the linear retention pond.
c) A deed to convey fee ownership rights of the property on which the
retention pond is constructed shall be forwarded to the City after
construction is complete.
- Cekitar—e.--
�._-' MINNESOTA
1990
An Equal Opportunity Employer
•
Mr. David E. Hutton, P.E.
August 21, 1991
Page Two
d) Limited access to the pond from highway right of way for
maintenance purposes shall be granted to the City (access from
CSAH 17) .
3. Upper Valley Drainage Project (Phase III) (highlighted blue on sheets 1,
2, 3 and 4) :
a) Mn/DOT shall acquire all right of way (except for Tahpah and Lions
Parks) .
b) Rights shall be granted to the City to enter onto Mn/DOT's drainage
system for maintenance purposes.
c) The drainage ditch system in Jackson Township limits shall be
maintained by Mn/DOT.
4. Connector System (highlighted green on sheets 1, 3, 4, 5, 6 and 7) :
a) Construction of Ditches #2 and #5 shall be let and supervised by
Mn/DOT.
b) Mn/DOT shall acquire all drainage ditch right of way except as
dedicated in the platting process (Ditch #4 through "The Meadows
First Addition") . Mn/DOT shall acquire additional drainage ditch
right of way required in "The Meadows First Addition" as shown in
yellow on the attached Exhibit "A".
c) Rights shall be granted to the City to enter onto Mn/DOT's drainage
system right of way for maintenance purposes.
d) The drainage system in Jackson Township limits shall be maintained
by Mn/DOT.
The City of Shakopee agrees to the following:
1. City's Linear Retention Pond (C.R. 79 to CSAH 16) (highlighted pink on
sheets 1, 4, 6 and 8) :
a) The City shall reimburse Mn/DOT for the cost of constructing the
retention pond.
b) The City shall reimburse Mr./DOT for the cost of the permanent right
of way and easements acquired for construction of the pond.
Mr. David E. Hutton, P.E.
August 21, 1991
Page Three
2. Upper Valley Drainage Project (Phase III) (highlighted blue on sheets 1,
2, 3 and 4) :
a) Project shall be designed by the City's consultant.
b) Construction shall be let and supervised by the City.
c) The City shall dedicate drainage easements to the State at no cost
to the State, through Lions Park and Tahpah Park for the proposed
drainage facility.
d) Permanent maintenance of the drainage system within City limits
shall be the responsibility of the City and, as the City annexes
additional property into its corporate limits, the drainage system
included shall become the responsibility of the City.
3. Connector System (highlighted green on sheets 1, 3, 4, 5, 6 and 7) :
a) Project shall be designed by the City's consultant.
b) Construction of Ditches #3, #4 and #6 shall be let and supervised
by the City.
c) Ditch 4 - The City shall require the developer of "The Meadows
First Addition" subdivision to dedicate all right of way necessary
for ditch construction and permanent maintenance prior to plat
approval. The City shall reimburse Mn/DOT for the cost of the
additional drainage ditch right of way required in "The Meadows
First Addition" as shown in yellow on the attached Exhibit "A".
d) Permanent maintenance of the drainage system within City limits
shall be the responsibility of the City and, as the City annexes
additional property into its corporate limits, the drainage system
included shall become the responsibility of the City.
Mr. David E. Hutton, P.E.
August 21, 191
Page Four -
The City of Shakopee hereby accepts and agrees to the terms and conditions set
forth in this Letter of Understanding.
City of Shakopee -, /' "/W`L- 1
By __41../
Its Mad;? -4
a r
Date f U/a/9 /
B /a4v14.0 y
/1-
Its City Administr for
Date Q/L 3/9/
By
It ity Clerk
Date 0- ,A
The State of Minnesota Department of Transportation hereby accepts and agrees
to the terms and conditions set forth in this Letter of Understanding.
State of Minnesota
By //1 / 197/4/
Its d . 11� . Z141,4 .
Date /0/17/9/
Sincerely,
OG(4'
1 •
, W. M. Crawford, P.E.
I�,1
L Metro District Engineer
Enclosure
•
701,
?19 1989 4ytiza=
SHAKOPEE
CITY OF SHAK
dr4,
INCORPORATED 1870
129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612) 445-3650 • -(fns'
• Eng.
September 18 , 19897,.,— .,
Mike Christiansen - r.
Mn/DOT -
2055 N. Lilac Drive
Golden Valley, Mn 55422
RE: Shakopee Bypass_
Drainage Design
Dear Mike:
On September 12 , I met with Ellen Anderson to discuss the
drainage design for that Portion of the Shakopee B •ass from
County Road 83 east.
Specifically, the purpose of the meeting was to discuss the City
of Shakopee' s plans for ponding in the Dean' s Lake basin and for
relocating the K-Mart ditch.
Us/`1
The City has retained a consultant to prepare a Stormwater
• Management Plan for the Dean' s Lake basin. As part of the study4
we ave prepared a feasibility report on constructing a diversion
channel upstream of the bypass to reduce the impacts of our
drainage on the bypass. This feasibility report addresses the
relocating of the K-Mart ditch.
A draft copy of the Comprehensive Stormwater Management Plan and
feasibility report will be submitted to your staff within the
next several weeks.
The purpose of this letter is to inform you that .the City of
Shakopee will be adhering to the stormwater mana:ement Plan for
all future developments. n a' ' ition, the City of Shakopee wi
be constructin: the diversion ditch upstream of the b pass •r... .r .
to the Shakopee Bypass. Exact letting dates are not known at
this time , because the City of Shakopee does not normally
establish long range letting dates . I will state that this
project will be included in the 1990 Capital Improvements Budget,
though.
The second reason for this letter is to officially request that a
,coo erative agreement be prepared betweenthe City and the State
f-5- 'ointl fundin: the _r_ain g. improvements around the County
oad p3 interchanges , including the relocation of the K-Mart
The- Heart of Progress Valley
C`(7::A 9/- ./c20 AN EOUAL OPPORTUNITY EMPLOYER
ditch and any boldin • ponds . Our consultant will be working
closely with your staff to develop the drainage plans for the
bypass and the City facilities and at this time it appears that
there is a benefit to both the City and Mn/DOT, thereby a cost .
sharing agreement should be prepared.
Please contact this office if you have any questions or wish to
discuss these issues any further.
Sincerely,
2„://c/
David E. Hutton, P.E.
City Engineer
DH/pmp
POND
0Z a,
DESIGN STATE OF MINNESOTA AGREEMENT NO.
SERVICES DEPARTMENT OF TRANSPORTATION
SECTION COOPERATIVE CONSTRUCTION 72710
AGREEMENT
S.P. 7005-53 (T.H. 101=187)
Fed. Proj . NH 5407 (29)
Agreement between AMOUNT ENCUMBERED
The State of Minnesota
Department of Transportation, and (None)
The City of Shakopee
Re: City cost pond, swale and
drainage facilities construction ESTIMATED AMOUNT
by the State along proposed RECEIVABLE
T.H. 101 (Shakopee Bypass) from
C.S.A.H. 17 to old T.H. 101 $1,061,765. 00
approximately 0.4 of a mile east
of its junction with C.S.A.H. 18
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
the "State" and the City of Shakopee, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City" .
72710
WITNESSETH:
WHEREAS the State is about to perform grading, bituminous surfacing,
pond, swale, drainage facilities, sanitary sewer, box culvert and
bridge construction and other associated construction upon, along and
adjacent to proposed Trunk Highway No. 101 (Shakopee Bypass) from
Engineer Station 329+30 (0.4 of a mile west of County State Aid
Highway No. 17) to Engineer Station 622+00 (at the junction of old
Trunk Highway No. 101 approximately 0.4 of a mile east of the
junction of old Trunk Highway No. 101 and County State Aid Highway
No. 18) within the corporate City limits in accordance with State
plans, specifications and/or special provisions designated as State
Projects No. 7005-53 (T.H. 101=187) , No. 7005-70008 (T.H. 101=187) ,
No. 7005-70037 (T.H. 101=187) , No. 7005-70037A (T.H. 101=187) ,
No. 7005-70038 (T.H. 101=187) , No. 7005-70038A (T.H. 101=187) ,
No. 7005-97278 (T.H. 101=187) and No. 7005-97445 (T.H. 101=187) , in
the records of the Metropolitan Council Wastewater Services as
Project No. 920601, and in the records of the Federal Highway
Administration as Minnesota Project NH 5407 (29) ; and
WHEREAS the State contract includes the construction of ponds, swales
and drainage facilities which collect and convey storm water drainage
from both trunk highway right-of-way and adjacent City property; and
WHEREAS the City has expressed its willingness to participate in the
costs of the pond, swale and drainage construction and associated
construction engineering as hereinafter set forth; and
WHEREAS in connection with the State contract, the sanitary sewer
facilities to be constructed under Project No. 920601 will be covered
under Utility Agreement No. 72544P between the State and the
Metropolitan Council; and
WHEREAS Minnesota Statute section 161. 20, subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
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cooperate with any governmental authority for the purpose of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - CONSTRUCTION BY THE STATE
Section A. Contract Award
The State shall advertise for bids and award a construction contract
to the lowest responsible bidder for State Projects No. 7005-53
(T.H. 101=187) , No. 7005-70008 (T.H. 101=187) , No. 7005-70037
(T.H. 101=187) , No. 7005-70037A (T.H. 101=187) , No. 7005-70038
(T.H. 101=187) , No. 7005-70038A (T.H. 101=187) , No. 7005-97278
(T.H. 101=187) and No. 7005-97445 (T.H. 101=187) , and Metropolitan
Council Wastewater Services Project No. 920601 in accordance with
State plans, specifications and/or special provisions which are on
file in the office of the Commissioner of Transportation at St. Paul,
Minnesota, and are made a part hereof by reference with the same
force and effect as though fully set forth herein.
Section B. Direction and Supervision of Construction
The State shall direct and supervise all construction activities
performed under the construction contract, and perform all
construction engineering and inspection functions in connection with
the contract construction. All contract construction shall be
performed in compliance with the approved plans, specifications
and/or special provisions.
Section C. Plan Changes, Additional Construction, Etc.
The State shall make changes in the plans and/or contract
construction, which may include the City cost participation
construction covered under this agreement, and shall enter into any
necessary addenda, change orders and/or supplemental agreements with
the State's contractor which are necessary to cause the contract
construction to be performed and completed in a satisfactory manner.
However, the State' s Metropolitan Division Engineer at Roseville or
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72710
his authorized representative will inform the appropriate City
official of any proposed addenda, change orders and/or supplemental
agreements to the construction contract which will affect the City
cost participation construction covered under this agreement.
Section D. Satisfactory Completion of Contract
The State shall perform all other acts and functions necessary to
cause the construction contract to be completed in a satisfactory
manner.
ARTICLE II - INSPECTION BY THE CITY
The City cost participation construction covered under this agreement
shall be open to inspection by the City. If the City believes the
City cost participation construction covered under this agreement has
not been properly performed or that the construction is defective,
the City shall inform the State Division Engineer's authorized
representative in writing of those defects. Any recommendations made
by the City are not binding on the State. The State shall have the
exclusive right to determine whether the City cost participation
construction covered under this agreement has been satisfactorily
performed by the State's contractor.
ARTICLE III - BASIS OF PAYMENT BY THE CITY
Section A. SCHEDULE "I" and EXHIBIT "Cost Participation"
A Preliminary SCHEDULE "I" is attached hereto and made a part hereof
by reference. The Preliminary SCHEDULE "I" includes all anticipated
City cost participation construction items and the construction
engineering cost share covered under this agreement, and is based on
engineer's estimated unit prices.
EXHIBIT "Cost Participation" , a colored layout which shows all
anticipated City cost participation construction covered under this
agreement, is on file in the office of the City Engineer, in the
office of the State's Division Engineer and in the office of the
State's Municipal Agreements Engineer at St. Paul, and is made a part
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72710
hereof by reference with the same force and effect as though fully
set forth herein.
Section B. City Cost Participation Construction
The City shall, at the percentage indicated, participate in the
following construction to be performed along and adjacent to Trunk
Highway No. 101 (Shakopee Bypass) from Engineer Station 329+30
(0.4 of a mile west of County State Aid Highway No. 17) to Engineer
Station 622+00 (at the junction of old Trunk Highway No. 101
approximately 0.4 of a mile east of the junction of old Trunk Highway
No. 101 and County State Aid Highway No. 18) within the corporate
City limits under State Project No. 7005-53 (T.H. 101=187) . The
construction includes the City's proportionate share of item costs
for mobilization, field office, field laboratory and traffic control.
100 Percent shall be the rate of cost participation in all of the
pond, swale and drainage facilities construction as shown and/or
described in "Yellow" on EXHIBIT "Cost Participation", which is on
file at the locations given in Section A. of this article. The
construction includes, but is not limited to, those construction
items as described and tabulated on Sheets No. 2 and No. 3 of the
attached Preliminary SCHEDULE "I" .
85 Percent shall be the rate of cost participation in all of the
drainage facilities construction as shown and/or described in
"Orange" on EXHIBIT "Cost Participation", which is on file at the
locations given in Section A. of this article. The construction
includes, but is not limited to, those construction items as
described and tabulated on Sheet No. 4 of the attached Preliminary
SCHEDULE "I".
31 Percent shall be the rate of cost participation in all of the pond
and swale construction as shown and/or described in "Brown" on
EXHIBIT "Cost Participation", which is on file at the locations given
in Section A. of this article. The construction includes, but is not
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limited to, those construction items as described and tabulated on
Sheet No. 5 of the attached Preliminary SCHEDULE "I" .
Section C. Construction Engineering Costs
The City shall pay a construction engineering charge in an amount
equal to 8 percent of the total cost of the City participation
construction covered under this agreement.
Section D. Addenda, Change Orders and Supplemental Agreements
The City shall share in the costs of construction contract addenda,
change orders and/or supplemental agreements which are necessary to
complete the City cost participation construction covered under this
agreement.
Section E. Settlements of Claims
The City shall pay to the State its share of the cost of any
settlements of contract claims made with the State's contractor.
All liquidated damages assessed the State's contractor in connection
with the construction contract shall result in a credit shared by the
State and the City in the same proportion as their total construction
cost share covered under this agreement is to the total contract
construction cost before any deduction for liquidated damages.
ARTICLE IV - PAYMENT BY THE CITY
Section A. Estimate and Advancement of the City' s Cost Share
It is estimated that the City's share of the costs of the contract
construction plus the 8 percent construction engineering cost share
is the sum of $1, 061, 765. 00 as shown in the attached Preliminary
SCHEDULE "I" . Upon award of the construction contract the State
shall prepare a Revised SCHEDULE "I" based on construction contract
unit prices.
The City shall advance to the Commissioner of Transportation the
City' s total estimated cost share as shown in the Revised
6
72710
SCHEDULE "I", be it more or less than the sum of $1, 061,765. 00, after
the following conditions have been met:
1. Execution and approval of this agreement and the State's
transmittal of same to the City along with a copy of the Revised
SCHEDULE "I" .
2. Receipt by the City of a written request from the State for the
advancement of funds.
Section B. Final Payment by the City
Upon completion and acceptance of the contract construction and upon
computation of the final amount due the State's contractor, the State
shall prepare a Final SCHEDULE "I" based on final quantities of City
cost participation construction performed, and shall submit a copy to
the City. If the final cost of the City participation covered under
this agreement exceeds the amount of funds advanced by the City, the
City shall, upon receipt of a request from the State, promptly pay
the difference to the State without interest. If the final cost of
the City participation covered under this agreement is less than the
amount of funds advanced by the City, the State shall promptly return
the balance to the City without interest.
Pursuant to Minnesota Statute section 15.415, the State waives claim
for any amounts less than $2. 00 over the amount of City funds
previously advanced to the State, and the City waives claim for the
return of any amounts less than $2 . 00 of those funds advanced by the
City.
Section C. Acceptance of City's Cost and Completed Construction
The computation by the State of the amount due from the City shall be
final, binding and conclusive. Acceptance by the State of the
completed contract construction shall be final, binding and
conclusive upon the City as to the satisfactory completion of the
contract construction.
7
72710
ARTICLE V - GENERAL PROVISIONS
Section A. Plan Changes
The City may request changes in the plans. If the State determines
that the requested plan changes are necessary and/or desirable, the
State will cause those plan changes to be made.
Section B. Maintenance by the City
Upon satisfactory completion of the construction of Ditch SE17,
Linear Ponds No. 5 and No. 6, and Swales No. 17D, No. 17E and
No. 17F, and all associated drainage facilities including Structures
No. 5149, No. 5174, No. 5181, No. 5182 and No. 5183 and the pipes
leading therefrom, to be performed within the corporate City limits
under the construction contract, the City shall provide for the
proper maintenance of those facilities, without cost or expense to
the State.
Upon satisfactory completion of the construction of the drainage
facilities that outlet Linear Pond No. 4 consisting of Structures
No. 5130, No. 5131 and No. 5132 and the pipes leading therefrom, to
be performed within the corporate City limits under the construction
contract, the City shall provide for the proper maintenance of those
facilities, without cost or expense to the State.
Section C. Additional Drainage
Neither party to this agreement shall drain any additional drainage
into the storm sewer facilities to be constructed under the
construction contract, that was not included in the drainage for
which the storm sewer facilities were designed, without first
obtaining permission to do so from the other party. The drainage
areas served by the storm sewer facilities constructed under the
construction contract are shown in a drainage area map, EXHIBIT
"Drainage Area" , which is on file in the office of the State's
Division Hydraulics Engineer at Golden Valley and is made a part
hereof by reference with the same force and effect as though fully
set forth herein.
8
72710
Section D. Examination of Books, Records, Etc.
As provided by Minnesota Statute section 16B. 06, subdivision 4, the
books, records, documents, and accounting procedures and practices of
the State and the City relevant to this agreement are subject to
examination by the State and the City, and either the legislative
auditor or the State auditor as appropriate.
Section E. Claims
All employees of the State and all other persons employed by the
State in the performance of contract construction and/or construction
engineering covered under this agreement shall not be considered
employees of the City. All claims that arise under the Worker's
Compensation Act of the State of Minnesota on behalf of the employees
while so engaged and all claims made by any third parties as a
consequence of any act or omission on the part of the employees while
so engaged on contract construction and/or construction engineering
covered under this agreement shall in no way be the obligation or
responsibility of the City.
All employees of the City and all other persons employed by the City
in the performance of maintenance covered under this agreement shall
not be considered employees of the State. All claims that arise
under the Worker's Compensation Act of the State of Minnesota on
behalf of the employees while so engaged and all claims made by any
third parties as a consequence of any act or omission on the part of
the employees while so engaged on maintenance covered under this
agreement shall in no way be the obligation or responsibility of the
State.
Section F. Nondiscrimination
The provisions of Minnesota Statute section 181. 59 and of any
applicable ordinance relating to civil rights and discrimination
shall be considered part of this agreement as if fully set forth
herein.
9
72710 .
Section G. Agreement Approval
Before this agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
and City officers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative.
10
•
72710
IN TESTIMONY WHEREOF the parties have executed this agreement by their
authorized officers.
DEPARTMENT OF TRANSPORTATION CITY OF SHAKOPEE
Recommended for approval:
By
Mayor
By 7C/ice dfrieee, I/-/o-94
Director
WDesign Services Section Date
By By
District Engineer City Administrator
Approved: Date
By Attest:
State Design Engineer City Clerk
Date DEPARTMENT OF ADMINISTRATION
(Date of Agreement)
Approved:
OFFICE OF THE ATTORNEY GENERAL
By
Approved as to form and execution: (Authorized Signature)
Date
By
Assistant Attorney General
DEPARTMENT OF FINANCE
Approved:
By
(Authorized Signature)
Date
11
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Mr, ULU1jUN NO. 41-1 W07 b
APPROVING PLANS AND IDENTIFYING PARKING State Project 7005-53, etc. (101=187)
RESTRICTIONS FOR TH 101 SOUTHERLY BYPASS Fed. Proj. NH 5407 (29)
RESOLUTION
At a meeting of the City Council of the City of Shakopee, held on the day of
1994, the following Resolution was offered by ,
•
seconded by , , to wit:
WHEREAS the Commissioner of Transportation for the State of Minnesota has prepared:
plans, special provisions, and specifications for the improvement of Trunk Highway No. 187, renumbered
as Trunk Highway No. 101, within the corporate limits of the City of Shakopee, from 0.4 Miles West of
C.S.A.H. 17 to Junction of Old T.H. 101; and seeks the approval thereof;
NOW, THEN, BE IT RESOLVED that said plans and special provisions for the improvement of said
Trunk Highway within said corporate limits of the City, be and hereby are approved including the
elevations and grades as shown and consent is hereby given to any and all changes in grade occasioned by
said construction.
BE,IT FURTHER RESOLVED that the City does hereby agree to require the parking of all vehicles, if
such parking is permitted within the corporate limits of said City, on said Trunk Highway, to be parallel
with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets
intersecting said trunk highway.
Upon the call of the roll, the following council members voted in favor of the
Resolution:
and, the following council members voted against the adoption of the Resolution:
whereupon the mayor and/or the presiding officer declared the Resolution adopted.
Dated , 1994
Mayor
Attest
City Clerk
STATE OF MINNESOTA ) ss.
COUNTY OF SCOTT )
CITY OF SHAKOPEE )
I do hereby certify that at said meeting (of which due and legal notice was given) of the City
Council of Shakopee, Minnesota, on the day of 1994, at which a
majority of the members of said Council were present, the foregoing resolution was adopted.
Given under my hand and seal this day of , 1994.
City Clerk
R22833F.r1
RESOLUTION NO. 4140 )402 C
APPROVING EXECUTION OF AGREEMENT WITH 72710
•
MN/DOT FOR DRAINAGE FOR T.H. 101. SOUTHERLY
BYPASS FROM C.R. 17 TO C.R. 18
CITY OF SHAKOPEE
RESOLUTION
BE IT RESOLVED that the City of Shakopee enter into Agreement No. 72710 with the State
of Minnesota, Department of Transportation for the following purposes, to-wit:
To provide for payment by the City to the State of the City's share of the costs of the pond,
swale and drainage facilities construction to be performed along and adjacent to Trunk
Highway No. 101 (Shakopee Bypass) from Engineer Station 329+30 (0.4 of a mile west of
County State Aid Highway No. 17) to Engineer Station 622+00 (at the junction of old Trunk
Highway No. 101 approximately 0.4 of a mile east of the junction of old Trunk Highway
No. 101 and County State Aid Highway No. 18) within the corporate City limits under State
Project No. 7005-53 (T.H. 101=187).
BE IT FURTHER RESOLVED that the proper City officers are hereby authorized and
directed to execute such agreement.
CERTIFICATION
State of Minnesota
County of Scott
City of Shakopee
I hereby certify that the foregoing Resolution is a true and correct copy of the resolution
presented to and adopted by the Council of the City of Shakopee at a duly authorized meeting
thereof held on the day of , 1994, as shown by the minutes of
the meeting in my possession.
City Clerk
(Signature)
(Type or print name)
MEMO TO: Shakopee City Council
FROM: Lindberg S. Ekola, Planning Director
RE: Information for the December 14 Joint Meeting
DATE: December 5, 1994
NONAGENDA INFORMATION ITEM:
Attached are some information items for members of the City Council in preparation for the
December 14 Joint Meeting with Scott County, Jackson Township, and Louisville Township:
1. Tentative Agenda for the meeting.
2. Meeting purpose statements.
3. Memo from the City Attorney on "Extra-territorial Zoning and Subdivision
Control".
4. Summary statements from the Scott County Comprehensive Plan.
If you have any questions or comments regarding the information items or topics for the joint
meeting, please call Dennis or myself at 445-3650. Thank you.
(1\...\aggie\planning\I2.5mem.ec)
Planning for Growth in Northern Scott County
Joint Meeting
Wednesday, December 14, 1994
Meeting Purposes
1. Build communication and understandings between the City of Shakopee, Jackson and
Louisville Townships, and Scott County on long term growth in northern Scott County.
2. Promote good planning and orderly development in northern Scott County.
3. Identify potential problems with premature urbanization in Jackson Township near the new
bypass.
a. Commercial Areas
- CR 15/Bypass
- Farm northwest of 10th Avenue
- Along 169 west entry into City
b. Residential Areas
- 2.5 acre lots
- How to serve with sewer and water in the future?
4. Share Comprehensive Plan policies from the Scott County and the City of Shakopee
Comprehensive Plans before documents are finalized.
5. Ensure Chaska Interceptor is built in a timely fashion - Jackson Township has stated the
intention of requiring their approval of the Chaska Interceptor. This may slow the
construction process down.
6. Establish initial dialogue for future orderly annexation agreements.
Long Term Objective
1. Adoption of the appropriate cooperative agreements.
(fop\docs\aggie\planning\12-14agen)
MEMORANDUMMIN1.
•
TO: Lindberg Ekola, City Planner
FROM: Karen Marty, City Attorney
DATE: November 28, 1994
RE: Zoning Adjacent to Shakopee
You asked for some information regarding "extra-territorial
zoning and subdivision control" . This phrase refers to a City' s
zoning or subdivision regulations being applied outside the City
limits.
The concept of zoning being extended beyond City limits is
introduced in Minn. Stat. Sec. 462 .357, Subd. 1. The pertinent
language is as follows :
A city may by ordinance extend the application of its
zoning regulations to unincorporated territory located
within two miles of its limits in any direction, but not
in a county or town which has adopted zoning regulations
provided that where two or more noncontiguous
municipalities have boundaries of less than four miles
apart, each is authorized to control the zoning of land
on its side of a line equidistant between the two
noncontiguous municipalities unless a town or county in
the affected area has adopted zoning regulations . Any
city may thereafter enforce such regulations in the area
to the same extent as if such property were situated
within its corporate limits, until the county or town
board adopts a comprehensive zoning regulation which
includes the area.
This statute does not apply to Shakopee, because we are located in
a county which has a comprehensive zoning regulation, but it
provides an interesting viewpoint as to how zoning may be
accomplished outside a City.
In order for Shakopee' s zoning or subdivision regulations to
apply outside the City limits, we would need a cooperative
agreement with the County and the approval of the Townships . If
they were willing for Shakopee' s ordinance to apply outside the
City, we would need to decide whether the City would actually
enforce the ordinances, or whether the County and Townships would
apply the City ordinances themselves in the affected areas.
Applying Shakopee' s ordinance in an area around the present
City could have strong advantages for development . If the same
ordinance is applied across City limits, then development in both
areas would be compatible. Neither side would encounter any
advantage over the other. Neither governmental unit would be
pressured to approve something not allowed in the adjacent area.
Areas under consideration for future annexation would be annexed
more easily, since their development would already comply with City
ordinances . If the City handled all zoning and subdivision issues
near the City limits, this could result in a substantial shift of
work from the County and Township to the City.
If you have further questions, please let me know.
)
Signed .000!4 .
aren Ma y, Ci Attorney
KEM:bjm
[2 8MEM03]
cc : Dennis Kraft
Paul Bilotta
-2-
1
SUMMARY OF FINDINGS:
• Scott County has experienced significant, unsewered,
large lot residential development in its townships, well
beyond the Metropolitan Urban Service Area
boundary.
• Substantial vacant land remains within several of the
incorporated cities, between the MUSA Line and the
developing townships beyond, thus creating a "leap
frog" development pattern.
• The development that is occurring within the
townships, is not being organized .in accordance with
any adopted long range master plan.
• The subdivision of lots within the townships has
evidenced an over reliance on the County road system
for providing direct access to individual parcels. This
pattern, along with the related lack of an internal
street system to provide direct land access, will cause
inefficiencies in the future use of internal parcels. The
large number of curb cuts on the County roads will
add to the cost of future County highway improvement
projects.
Scott County Comprehensive Plan Update Findings and Recommendations September 22, 1994
2
• Development within the "Urban Expansion Areas"
immediately south of Savage and Prior Lake has
occurred with no planning for the extension of urban
services. Consequently, (according to representatives
of both cities) the cost of extending municipal services
will exceed the value of some of the properties to be
c served, thus, presenting a major obstacle to the orderly
extension of urban services.
• The large number of lots that have been created and
the amount of unsevered development that has
occurred has caused adverse effects related to land
economics within the County. The abundance of large
lots has inflated land values and threatens the long
term viability of agriculture within the County.
• The current populations within Credit River and New
Market Townships exceed the population within the
Cities of Savage and Prior Lake 15 years ago. Both of
these townships desire the ability to develop entirely
with non-agricultural uses. Neither township currently
has a comprehensive plan to guide this growth.
• While there has been some recent annexation from
Jackson Township to the City of Shakopee, there is no
plan for the future urbanization of the remainder of
Jackson and Louisville Townships. Neither township
desires further annexation.
•
Scott County Comprehensive Plan Update Findings and Recommendations September 22. 1994
3
SUMMARY OF RECOMMENDATIONS:
To respond to these findings and to accomplish the
Goals and Objectives adopted by the Scott County
Planning Committee, the Consultants and County
Staff recommend the following:
• The County's Comprehensive Plan should
strop 1 endorse the expansion of the
e ro olitan Urban Service Area within the
remaining undeveloped portions of the
incorporated municipalities. The County should
work with the cities and the Metropolitan
Council to accomplish this change.
• The Plan should strongly encourage those
townships that are experiencing intense
development pressure to consider incorporation,
consolidation with adjacent cities, or meaningful
annexation agreements with adjacent cities.
• Outside the Metropolitan Urban Service Area,
the County should strive to comply with the
Metropolitan Council's 64 per 640 acres density
standard. Where existing development patterns
and densities preclude compliance, the townships
should be allowed to complete the development of
the area with densities compatible with the
existing development. However, the completion of
the necessary steps to complete an effective
Scott County Comprehensive Plan Update Finding's and Recommendations September 22. 1994
•
4
official map shall take precedence over achieving
consistency with surrounding densities.
• The Plan should strongly encourage and support
clustering, with appropriate compliance with the
adopted official map and required urban overlay
plats. Minimum lot sizes within clusters should be
governed by the requirements for providing for
successful on-site sewage disposal and to facilitate
the efficient future subdivision to urban densities.
• Before additional large lot subdivision is
permitted in the urbanizing townships, they '
should prepare and adopt an official map for
future streets, parks and open space and future
community facilities. When future subdivisions
are approved they should be consistent with the
official map, provide access from a township
roadway system and include the filing of an
urban overlay plat. The location of the house
should be on one of the future, urban sized lots,
and sufficient right of way and all necessary
easements should be provided to facilitate the
eventual transition of these areas from rural to
urban densities.
Scott County Comprehensive Plan Update Findings and Recommendations September 22. 1994
A, • 5
• The County should adopt new ordinances,
definitions, and/or stronger standards for the
following:
On-site sewage disposal systems; need better
maintenance & inspection (iJ kkA
Mining Operations; need an improved ordinance
Home Extended Businesses; need better standards
Interim Uses (Including School Bus Services); need
a new ordinance
Woodland Preservation; need a new ordinance
Accessory Structure Sizes; need better standards
Design Standards (Parking, Signs); need better -
standards
Scott County Comnrehencive Plan Ilndate Findinv.c and Roenmrnondntinnc .contomher 77 109d
•
SUMMARY OF SCOTT COUNTY COMMUNITY WORKSHOP - OCTOBER 28, 1993
On October 28, 1993, DSU, Inc. held the second of two community workshops sponsored by the Scott
County Planning Commission at the Jordan High School Gymnasium. Residents from the following
Townships were invited to attend: Sand Creek, Helena, Belle Plaine, St. Lawerence, and Blakeley.
Approximately 40 people attended the workshop.
After a brief introduction of the participants by County Planning Director Jon Westlake, John Shardlow
explained the comprehensive planning process, how this workshop fits into that process, and what the
workshop participants could expect from the workshop and how it will be used in the future.
The participants were given a questionnaire (attached) and were asked to answer the questions and present
their answers to the group. A summary of answers to all of the questions are presented in this report.
The responses to the question number one were listed on the wall, and the workshop participants had a
chance to vote for the four that they believed were the most important. The responses to question number
one are listed below. The number in parenthesis indicate the number of people who chose that answer as
one of the four most important.
1. List what you believe are the five most important issues facing Scott County?
• Need for Appropriate Monitoring of Zoning Compliance/Enforcement (20)
• Need for Land Use Controls Directly Related to Suitability (20)
• Need to Promote Agricultural Preservation (13)
• Need for Adequate Subdivision Requirements (13)
▪ Need to Address Land Use Compatibility (11)
• Need for Consistent Zoning Standards Throughout Townships (7)
• Need to Address Non-conforming Lots (6)
e Need to Plan for Parks and Open Spaces (6)
• Need to Address Home Extended Business/Small Businesses (5)
• Need to Control Government Spending (5)
o Need for Growth Management Controls (4)
• Need to Evaluate Over-Supply of Commercial Zoning (4)
m Need to Create Employment Opportunities (4)
• Need for City/Township/County Cooperation (annexation/joint powers) (4)
• Need to work with the Metropolitan Council to Redefine Standards for Rural Areas (4)
• Need to Plan for Entire County (4)
• Need to Protect Quality of Ground Water & Quantity of(3)
• Need Adequate Standards for Hazardous Materials (3)
• Need Adequate Transportation (3)
• Need to Revise Outdated/Inadequate Ordinances (3)
• Need Adequate Zoning for Industrial Development (3)
▪ Need to Address Bridge Crossings (Flood Conditions) (2)
e Need Improved Communication County/Townships (2)
• Need for Flood Control Planning (2)
e Need to Control Crime (2)
e Need to Provide Opportunities to Convert Agricultural Land (2)
• Need for Adequate Grading/Erosion Control Ordinance (1)
• Need to Maintain Image, Character, County-wide Aesthetics (1)
27/Y/7'/ r, ' t s
• Need for Access to Major Highways (1)
• Need a County-wide Implementation Wetland Preservation Act (1)
• Need to Address Solid Waste Issues (1)
• Need Appropriate Assessment and Protection of Natural Resources (1)
• Need Appropriate Planning for Mass Transit/Public Transit (1)
• Need Coordinated Planning with Adjacent Counties, Entire Metro Area (1)
• Need Adequate County Facilities (1)
• Need for Airport Planning (0)
• Need to Regulate Mining Activities (0)
• Need Appropriate Control/Procedures for Temporary Uses (0)
■ Need Appropriate Control Procedures of Essential Use (0)
• Need Appropriate Re-Use of St. Francis Property (0)
® Need On-site Sewage Disposal Alternatives (0)
Answers to questions number two and three were not "voted" on at the workshops,but the answers were
collected and summarized. The results are as follows:
2. Recognizing that Scott County will experience growth over the next twenty years;
A. where would you like to see growth in the County (e.g. around existing Cities, along
corridors..)
The most popular answer to this question was - around existing cities . Thirteen responded with
this answer. Another six responses cited that growth in the County should be directed along
existing transportation routes. Several responses stated that growth should be around existing
natural resources such as rivers or in wooded areas with marginal soils. Still others responded
that the growth should be spread evenly around the County. Two responded that growth should
be directed toward rural uses as much as possible.
R describe the type of development you would like to see in the rural areas of the County
There was a very wide range of responses to this question. However, the majority of responses
indicated that rural agricultural areas should remain agricultural. The next group of responses
indicated a need for a mixture of Agricultural and Residential uses. The views on lot sizes for
these residential areas were quite varied. Some people prefer 2 1/2 acre lots as a 1 per 40, citing
that larger residential lots are a waste of land. Other respondents prefer 5 or 10 acre lots.
C. describe the type of development you would like to see in the urban areas of the County
Again there was a variety of responses. Most agreed they wanted to see commercial/industrial
development in the urban areas. Many other responses indicated a need for controlled orderly
development with attention to placing compatible uses adjacent to one another. Respondents also
felt there was a need for elderly housing, affordable housing,multi-family housing, and park and
recreation opportunities.
3. Name one County service you would like to see improved or added in Scott County.
Only eighteen people responded to this question. Six responses related to Planning/Zoning and
building codes. These responses called for"better" zoning codes so the Townships could handle
more things on their own and a need to enforce the building codes. Three responses related to
the role of the County Commissioners. One wanted Commissioners to do more administering,
another wanted commissioners to do more work (less administrating). The remainder of the
responses were unique: need to add snow plowing in the County, need for better public libraries
throughout the County, need to improve social services, need for a "house cleaning" of the
County Highway Administration,need for better maintenance of the highways in the southern part
of the County, need for better police protection, need for garbage/trash service, need for better
civil defense (based on performance during this years flooding).
Shakopee Bypass & Chaska Interceptor
Tentative Schedule
Ferry Bridge to CR 17 Grading:
12/16/94 Bid opening. Award will be 1 month later.
Spring 95 Construction begins
8/96 Roadway grading completion (no paving).
CR 17 to TH 169 Grading:
6/95 Bid opening.
8/95 Construction begins.
6/97 Completion.
Shakopee Bypass Paving
6/96 Bid letting.
8/96 Paving begins.
8/97 Paving completion.
Chaska Interceptor Construction:
Spring 95 Begin Chaska Interceptor construction.
7/96 Chaska Interceptor CR 17 to Prior Lake Interceptor.
Spring 97 CR 17 to TH 169 completion.
Winter 97 TH 169 to Chaska completion.