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06/18/1996
MEMO TO: Honorable Mayor and City Council FROM: Barry A. Stock,Acting City Administrator RE: Non Agenda Informational Items DATE: June 14, 1996 1. Attached is a draft outline which supports the establishment of a Scott County Leadership Council. The concept is being proposed by the Scott County Administrators group as a means to share and discuss issues of mutual concern. This item is purely informational at this point. As the concept develops,more input will be sought from Council. If you have general comments at this point please pass them on to Barry or Paul. 2. Attached is correspondence from the Scott County Library System regarding library improvements. This item will be discussed during the budget work session. 3. Attached is the Building Activity Report for May. 4. Attached are the May 14& 28, 1996, minutes of the Board of Review. 5. Attached is correspondence from the League of Minnesota Cities regarding insurance. 6. Attached is correspondence from Lisa Delgado of Winona regarding Shakopee's local cable programming. 7. Attached are the June 6, 1996,minutes of the Board of Adjustment and Appeals and the Planning Commission. 8. Attached are the Revenue and Expenditure Reports as of May 31, 1996. 9. Attached is the Recreation Fund Revenue and Expenditure Reports as of May 31, 1996. 10. Attached are the Shakopee Parks and Recreation Advisory Board Meeting minutes. 11. Attached is the Monthly Update of the Parks and Recreation Projects and Programs for June. 12. Attached is a memo from the Finance Director outlining the SPUC Accounts Receivable. 13. Attached is the Monthly Engineering Report. 14. Attached is a correspondence from Bob Ostlund, School Superintendent, asking the School District's support of a moratorium on property east of the hospital. The Recreation Director will be preparing a memorandum for Council's consideration at your next meeting outlining the issues involved. 15.. Attached is the Police Newsletter for Council review. [i:\clerk\judy-nonagend] JUN- 3-Jb nun y.Ub HUl'I1N1JI11Hl IUIY tHA NU. b1C4001tfU Y. UG I SCOTT COUNTY LEADERSHIP COUNCIL A DISCUSSION DRAFT May 31, 1996 Scott County local governments are currently undergoing profound transformation in their social, political and economic institutions. Some of the major issues facing Scott County local governments, such as growing population,education,tax reform, land and water issues, intergovernmental cooperation,telecommunications and developing a regional information iufra,tracturc,Federal and State devolution, annexation,housing and economic development will have a significant impact on the future health,security and vitality of our community, If Scott County is to continue to be a great place for people to live and work,a place where families grow and thrive,the County,cities,school districts and townships will need to work cooperatively to develop creative and innovative solutions that foster fiscal responsibility, teamwork and positive relations with the community. Presently,there is no County-wide forum for local government political and appointed leaders to discuss critical concerns that will impact Scott County's future. There are several worthwhile discussions and fonuns on specific issues,such as the Scott County Economic Development Coalition, monthly meetings of city and county administrators, township quarterly meetings and Scott Family Net among others. The county,cities,schools districts and townships in Scott County have demonstrated a collaborative approach in working together on a variety of topics,however,there is a need for political and appointed leaders to have a regular exchange of ideas on issues of county wide significance. Public policy discussions of this nature will lead to better understanding and cooperation among Scott County local governments. This will in turn lead to greater efficiencies in service delivery and coordination of local government activities. The proposed Scott County Leadership Council(SCLC)would be comprised of an elected official from each city,the County, each school district,the Scott County Township Association, and one staff representative from each of the entities. Scott.County legislators would serve as ex-officio members of the SCLC. The SCLC would have no jurisdictional or legal authority but would be an advisory body to discuss issues of critical importance to the future of Scott County and make recommendations to the respective elected political bodies. Each local government would have the opportunity to place items on the agenda for consideration and make presentations to facilitate discussion, Scott County would initially support arranging the location and record keeping for such meetings. The initial meeting would be chaired by the representative from the Scott County Board of Commissioners until such time as a regular chairperson could be selected From the body. The first quarterly meeting of the SCLC would be hosted by Scott County at its facility, with subsequent meeting locations at sites of other participating members. The establishment of the SCLC as an ongoing dialogue among local officials would help local governments to proactively plan and address concerns that impact the Scott County as a whole. It will also serve as forum to share important information that may impact specific communities within the county. By creating the SCLC forum local governments can begin to build bridges that transcend traditional barriers to cooperation, innovation and redundancy that impede effective and efficient service delivery to Scott County Citizens. l SCOTT COUNTY LIBRARY SYSTEM COURTHOUSE ilaTrT 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1395 (612)496-8330 JANET WILLIAMS Fax: (612)496-8583 LIBRARY DIRECTOR Internet:Janet @ Scott.lib.mn.us DATE: June 3, 1996 TO: Mayor Henderson and Members of the Shakopee City Council FROM: Janet Williams, Director Scott County Library RE: Library Improvements As you prepare the budget for the city of Shakopee for 1997, we ask that you give consideration to some improvements at your public library. There needs to be an evaluation or upgrade of the electrical wiring at the facility because we have been experiencing some problems. The telephone system which was installed in the early 1970's needs to be upgraded. This is a two-line system. There is a crack in the south wall from floor to ceiling that seems to be widening. We ask that consideration be made to repairing this. We thank you for your continued support and ask that you give consideration to the above listed expenditures in 1997. Please feel free to call if you have any questions or wish to discuss these items further. JW/dlk cc: Barb Hegfors, Shakopee Librarian An Equal Opportunity/Affirmative Action Employer 4:-.43 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - MAY 1996 May 1996 May 1995 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 7 63 5,957,988 8 27 2, 684,406 Single Family-Septic 3 10 1,920,715 3 7 1,292,858 Multiple Dwellings - 9 2,355,807 - 4 1, 668,409 (# Units) (YTD Units) (-) (37) - (-) (24) - Dwelling Additions 36 65 262,245 42 73 297,386 Other 3 9 812,250 2 3 20,200 New Comm. Bldgs - 2 1, 265, 414 - 3 4,790, 000 Comm. Bldg. Addns. 2 2 340,000 - 1 35, 000 New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - - - - New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Garages/Accessory Bldgs. 5 13 150,718 8 13 144,896 Fences 14 21 21,968 11 35 99,709 Fireplaces/Wood Stoves 4 8 9,300 - 3 4,200 Grading/Foundation - 6 185, 000 3 5 763, 145 Moving - - - - 1 - Razing 1 3 1, 100 - 10 25, 985 Remodeling (Res. ) 9 31 262, 399 7 32 333, 609 Remodeling (Comm/Ind. ) 7 19 737, 251 4 18 654,818 TOTAL 91 261 14, 282, 155 88 235 12, 814, 621 No. YTD. No. YTD. Electrical 103 321 47 204 Plumbing & Heating 81 375 62 179 Total dwelling units in City after completion of all construction permitted to date 5, 566 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN MAY, 1996 11780 Martin Villalobos 502 East 1st Avenue Change of Use 11781 Lyle Bakken 1678 Chateau Avenue Deck 1,700 11782 Dion Muchow 1717 West 13th Avenue Deck 2,156 11783 K. H. Homes 1791 Presidential Avenue Remodel 10,000 11784 Don Phillips 1477 Homestead Street Deck 1,344 11785 J. Scotty Builders 1884 Greenway Avenue Remodel 3,000 11786 Casanova Const. 600 Valley Industrial Blvd. Picnic Shelter 9,200 11787 Greystone Const. 1221 East 4th Avenue Roof 60,000 11788 Dream House 8051 Horizon Drive Addition 45,000 11789 Canterbury Park 1100 Canterbury Road Remodel 6,600 11790 Harold Ballinger 123 East 4th Avenue Roof 5,000 11791 Greg Grosz 1418 Whitney Street Deck 1,500 11792 Robert Mayer 1688 Thistle Lane Storage Shed 1,536 11793 Elsie Stemmer 515 East 4th Avenue Porch 3,000 11794 Dick Hennes 1150 So. Monroe Street Porch 25,000 11795 Krebs Const. 1728 Thistle Lane Porch/Deck 9,850 11796 Cecil Clay 1895 Eagle Creek Blvd. Mini Storage 15,000 11797 Allweather Roof 3303 East 4th Avenue Roof 98,191 11798 Wilfred LaTour 209 So. Market Street Deck 1,176 11799 C & M Homes 1467 Homestead Street House 134,547 L 6 B 1, Homestead Ridge 2nd 11800 Albert Trende 848 Minnesota Street Fence 500 11801 Dennis Roggeman 1454 Roundhouse Circle Fence 800 11802 Linda Bradford 435 Lewis Street Fence 450 11803 Monnens Custom Bldrs. 1926 C. R. 14 House 255,000 L 1 B 1, Eaglewood 11804 Novak Fleck 248 Bluestem Avenue West House 72,897 L 8 B 3, Meadows West 2nd 11805 Jerome Harvieux 333 East 2nd Avenue Roof 7,000 11806 Scott Matzke 1271 Harrison Street Deck 800 11807 Pat Hunter 1724 Greenway Avenue Deck 2,142 11808 Peter Marschall 1953 Heritage Drive Deck 1,176 11809 J & M Const. 1041 Legion Street Garage 7,088 11810 Cindy Sand 976 Aster Lane Deck 2,352 11811 Starlight Homes 1594 Monarch Street House 99,194 L 12 B 3, Homestead Ridge 2nd 11812 Daryl Hesch 1434 Monarch Street Deck 2,650 11813 Windwood Homes 1676 Parkway Avenue House 99,469 L 19 B 3, Prairie Bend 1st 11814 Builders Express 400 Sarazin Street Fireplace 900 11815 Builders Express 402 Sarazin Street Fireplace 900 11816 Builders Express 404 Sarazin Street Fireplace 900 11817 Builders Express 406 Sarazin Street Fireplace 900 11818 Richard Lambright 547 Minnesota Street Pool 10,500 11819 Barrington Corp. 2082 East 4th Avenue Demo 400 11820 Laurent Builders 433 Braeburn Drive West House 87,000 L 5 B 3, Orchard Park 1st 11821 Monnens Custom Bldrs. 563 Barrington Drive House 220,000 L 4 B 2, Beckrich Park Estates 11822 Bradford Boldon 1282 Miller Street Fence 1,461 11823 Jon Hanbury 1408 Whitney Street Remodel/Deck 9,033 11824 Keyland Homes 1497 Homestead Street Remodel 12,675 11825 David Schmitt Const. 952 So. Atwood Street Garage 11,907 11826 Canterbury Park 1100 Canterbury Road Deck 14,000 11827 Darren Schlueter 1093 Primrose Lane Fence 414 11828 Brian-Christian 214 Mound Street Deck 2,240 11829 J. Scotty Bldrs. 1744 Greenway Avenue Deck 750 11830 David Schmitt Const. 1220 Dakota Street Deck 1,200 11831 K. H. Homes 1690 13th Avenue West Deck 1,008 11832 Cletus Link 1440 West 3rd Avenue Fence 3,000 11833 Laurent Builders 1344 Applegate Lane House 95,000 L 3 B 1, Orchard Park 1st 11834 Michael Tangeman 1053 Primrose Lane Storage Bldg. 500 11835 Lyle Bitting 1471 Primrose Lane Deck 2,142 11836 Imker Const. 620 McDevitt Street Deck 1,800 11837 Jill Fryling 1494 Monarch Street Deck 1,568 11838 Ken Nelson 135 Bluestem Avenue Deck 1,792 11839 David Blenkush 1787 Presidential Lane Deck 1,000 11840 Richard Simon 1462 Foxglove Court Deck 1,456 11841 Paul Johnson 1125 Dakota Street Deck 2,000 11842 Keith Clemens 4751 Eagle Creek Blvd. Deck 2,700 11843 Sherry Ramsey 758 Dakota Circle Deck 3,136 11844 Joel Fogelberg 1164 Minnesota Street Pool 2,200 11845 Paul Keller 322 West 5th Avenue Fence 665 11846 Laurent Builders 1354 Applegate Lane House 74,137 L 4 B 1, Orchard Park 1st 11847 McKnight & Assoc. 547 Vista Ridge Lane House 175,000 L 3 B 1, Westridge Lake Estates 1st 11848 Sue Sornsen 1128 East 2nd Avenue Fence 600 11849 Kraus Anderson 1515 St. Francis Avenue Remodel 160,000 11850 Kruas Anderson 1515 St. Francis Avenue Remodel 81,000 11851 Dave Thieschafer 1110 East 3rd Avenue Window 480 11852 Home Enhancers 2146 Norton Drive Addition 12,000 11853 Tammara Custer 815 West 4th Avenue Porch 2,500 11854 Greg Kerkow 605 Sommerville Street Fence 2,306 11855 John fl 11er 1213 Sunflower Circle Deck 1,680 11856 Joe Kodada Const. 169 Foxglove Lane Deck 3,345 11857 Dan Knoof 850 Holmes Street Deck 350 11858 Mark Wagner 1452 Foxglove Court Fence 2,000 11859 Rick Growe 1250 Sapphire Lane Deck 2,212 11860 Raceway Park 6528 Hwy 101 Pole Barn 9,600 11861 Scott Seelye 1304 Pondview Court Deck 2,000 11862 Larry Lasch 1653 Parkway Avenue Deck 2,000 11863 David Mohr 309 Alexander Court Fence 300 11864 Larry Lasch 1653 Parkway Avenue Remodel 10,000 11865 Phil Besser 1128 Dakota Street Remodel 5,200 11866 Thomas McPeak 389 Alexander Court Fence 1,847 11867 Scott Mauer 1295 Sage Lane Fence 748 11868 Ronald Kosse 314 So. Scott Street Fence 900 11869 Jeffery Anderson 1536 Primrose Lane Remodel 2,000 11870 Laurent Builders 128 So. Fuller Street Remodel 325,000 11871 Rick Sames 630 McDevitt Street Porch 25,000 TOTAL: $2,382,670 4-q OFFICIAL PROCEEDINGS OF THE BOARD OF REVIEW REGULAR SESSION SHAKOPEE, MINNESOTA MAY 14, 1996 Judith Cox called the meeting to order at 7:01 P.M. with Commissioners Jane DuBois, Council member; Clete Link, Council member; Tim Smith, Richard Marks and Eldon Reinke present. Also present was Bob Schmitt, Deputy Scott County Assessor. Nominations for Chairman of the 1996 Board of Review were opened. Clete Link nominated Eldon Reinke for Chairman, 2nd by Jane DuBois. Having no other nominations for Chairman for the Board of Review a motion requesting a unanimous vote be cast for Eldon Reinke for Chairman was entertained. Marks/Link moved that a unanimous ballot be cast for Eldon Reinke as Chairman. Motion carried unanimously. Chairman Reinke explained that the purpose of the Board of Review is to review the 1996 estimated market value and/or the classification assigned to a property which was changed from the previous year. Bob Schmitt, Deputy Scott County Assessor, explained that the valuation for tax purposes is mass appraisal. All properties are physically inspected at least once every four years with annual adjustments made due to new construction or an increase in market values. A median ratio of 90 percent of market value must be attained. Properties are classified by their use and the - classifications each have a separate tax capacity rate which affects how taxes are calculated. The market value does not determine the amount of taxes to be paid. Chairman Reinke asked that anyone that would like to address the Board of Review state their name, address, parcel number of the property in question, and the reason they feel the property value is not accurate based on the assessor's valuation. He explained that after discussion the Board will determine whether the valuation is proper or if more information is needed. At that time a recommendation will be made as to the valuation that will be placed on the property. Scott Duffney, 674 Jackson St., Parcel No. 27-026010-0, approached the podium and stated that his valuation has increased 24.7 percent since 1994 to a total he believes is beyond the property value. He also said that at the time that he purchased his property he was told that the sale price did not affect the property as far as taxable value. He feels the increase is too rapid. Bob Schmitt stated that the market value is $117,500, $29,500 being the land value. He advised Mr. Duffney to contact the assessor's office to schedule an inspection to make sure all information is accurate. He also recommended that the nearby properties be reviewed for comparison purposes to make sure they are within the same range. Official Proceedings of the May 14, 1996 Shakopee Board of Review Page -2- Comm.DuBois requested further review by the Assessor. David & Barbara Klehr, 921 Sommerville, Parcel No. 27-002046-0, approached the podium and stated that the assessed value has been erratic since they purchased the property three years ago, and asked why. She also asked whether homes selling within the neighborhood are considered in comparing assessed value. They feel their home valued at $124.900 is assessed much higher than others in the neighborhood. Mr. Schmitt explained that the sales ratio for the older area of town in which the Klehr home exists, was in the high 80 percent range. He tried to give only a small increase to the properties within this area. He attributed the erratic assessed value to supply and demand. Comm.Marks recommended that Mr. Schmitt take a closer at what houses in the neighborhood are selling for to see that they are within the same range. Comm. Marks explained that the state requires the assessor to re-value one quarter of the properties in the City every year. If other areas of the City are not increased by a certain percentage some areas will be out of balance. In order to get those areas back in the 90 percent sale price range a smaller increase is necessary. Merlin Eichstadt/Suzanne Hohenstein, 1016 Shawmut St., Parcel No. 27-041051-0, approached the podium and stated that their property is rated higher than other comparable properties on the same street for a difference of between $54,000 to $11,000. The estimated market value is $100,800. It was noted that the number of bathrooms was incorrect and the entire basement is not finished. Mr. Eichstadt stated that the valuation has been out of line for the past three to four years. Mr. Schmitt explained that if Mr. Eichstadt's house is valued at higher than similar style homes on the street, the style is considered as well as the square footage of the property, and extras. Comm.DuBois recommended that the assessor conduct a review based on the fact that this is a two bedroom house which will affect a re-sale. Mabel Lemke, 1211 Harrison St., Parcel No. 27-074008-0, stated that the valuation on her property is too high. She said she had an increase of $8,000 in one year. No improvements have been made, the basement is unfinished, and hers is the smallest home in the neighborhood. The market value is $100,700 with 1140 square feet. The Lot size is 86' x 138' with the land valued at $29,500. Mr. Schmitt explained that the $8,000 increase was a conscious effort to put everything comparable in line. There was no additional value given, the property was simply updated. He will check sales of similar homes to see if they are in line with hers. Official Proceedings of the May 14, 1996 Shakopee Board of Review Page -3- Kevin Kilkelly, Parcel No. 27-139008-0, approached the podium and stated that he represented the property owner that feels the market value is too high for the property as it is a vacant 19.25 acre lot. He stated that the property is not subdividable due to the necessity of the construction of a bridge which would cost $30,000. The lot is valued at$88,500 which the owner feels is double that of other similar parcels of the same classification. The lot is platted for one lot and one house and is land locked. He stated that he felt the cost of constructing the bridge should be taken off of the value. Comm.Marks recommended the assessor look at other lots in the same subdivision to see what they are assessed for and what they sold for. Mr. Schmitt explained that the current market value was likely made with the assumption that there could be two buildable sites when in fact there is only one. He will get more information from the City Planning office. He will also look into the possibility of valuing the property similar to a hobby farm with similar acreage and will be contacting Mr. Kilkelly. Duane & Lois Wood, 1800 13th Ave. W, Parcel No. 27-084046-0, stated that the estimated market value is $131,700, the area of the house is 1422 square feet, the basement is unfinished, there is an extra bathroom listed, and they experienced an 8 percent increase. Mr. Schmitt stated that the property was likely under assessed previously. Comm.Link recommended that the assessor look at the estimated market value to see if the house is overvalued for the area. Mr. Schmitt stated that he can not justify a decrease in valuation at this time due to the recent construction of nearby low income housing or apartments. He will keep an eye on this for next year. Al Weierke, 629 3rd St., Parcel No. 27-004017-0. Mr. Weierke explained that his property was sold to him recently for $20,000 and that he believes this sale price indicates that the property is over valued at $35,300. Mr. Schmitt stated he that he felt the property is accurately valued at $35,300 and the house is solid and stable. He valued the lot itself at $25,000 and the 630 square foot house at $14,000. He could not justify removing the house from the tax rolls as long as it is livable. Marks/DuBois recommended that the lot be valued at $25,000 and the house at $5,000 for Parcel No. 27-004017-0. Motion carried unanimously. Official Proceedings of the May 14, 1996 Shakopee Board of Review Page-4- Mr. Schmitt stated that he has been contacted by other property owners and that he would like to read their properties into the record to keep their options open if they wished to go to the County Board of Review. Mark Kuechenmeister, Park Side Printing, Parcel No. 27-001083-0. The land is valued at $26,600 and the structures at $169,100. Jerome Harvieux, Old Railroad Depot, Parcel No. 27-001128-0. There will be a physical check on the property within the week. The purchase price was $42,600 for approximately 21,000 square feet of land and a building of approximately 2300 square feet. The land is valued at $41,900 and the structures at $16,200. Don McNeil, Parcel No. 27-159001-0. This property will be inspected on May 17, 1996. The land is valued at $33,100 and the structures at $61,200. The one-story is 264 square feet and the two- story is 855 square feet. The lot is 88' x 240' and was given a 22 percent depreciation. It was remodeled in the early 1980's. The valuation was increased $5,000 over last year. Comm. Link recommended that the assessor physically inspect the property and report his findings. DuBois/Link moved to continue the Board of Review to Tuesday, May 28th, 1996 at 7:00 P.M. Motion carried unanimously. The meeting was adjourned at 9:20 P.M. di. tja , I. 20( ill•ith S. Cox ity Clerk Esther TenEyck Recording Secretary 1 OFFICIAL PROCEEDINGS OF THE BOARD OF REVIEW ADJ.REG.SESSION SHAKOPEE, MINNESOTA MAT28, 1996 Chair Reinke called the meeting to order at 7:00 P.M. with Commissioners Jane DuBois, Council- member; Clete Link, Councilmember; Tim Smith, and Richard Marks present. Also present were Judith S. Cox, City Clerk; and Bob Schmitt, Deputy Scott County Assessor. DuBois/Marks moved to approve the Minutes of May 14, 1996. Motion carried unanimously. Scott & Debra Duffney, 674 Jackson St.: Bob Schmitt, Deputy County Assessor, reported that the Scott Duffney property was inspected after the May 14, 1996 meeting and errors in items such as basement area and a 3 season porch were found. For this reason the value was reduced $2,700 for a property value of$114,800. Mr. Duffney was contacted and agreed with the decision. Link/Marks moved to approve the assessor's estimated market value of$114,800 for parcel number 27-026010-0 for Duffney. Motion carried unanimously. David & Barbara Klehr, 921 Sommerville St., Parcel No. 27-002046-0: Bob Schmitt reported he was not able to find any sales in the area of the David Klehr property in the last four years. He stated that the property appeared to be equalized with sale comparisons, and recommended no changes. Marks/DuBois moved to approve the assessor's estimated market value of $124,900 for parcel number 27-002046-0 for Klehr. Motion carried unanimously. Hohenstein/Eichstad, 1016 Shawmut St.: Bob Schmitt reported that an error was made, adding a 3/4 bath that was not in the home. He recommended a reduction of $1,400 for lack of extra plumbing, changing the property value to$99,400. Marks/DuBois moved to approve the assessor's estimated market value of $99,400 for parcel number 27-041051-0 for Hohenstein/Eichstad. Motion carried unanimously. Mable Lemke, 1211 Harrison St.: Bob Schmitt reported that the property appears to be treated fairly when compared to other properties. He explained that sometimes properties sell for more than expected and values must be re-calculated to be in line. No change was recommended. Smith/Marks moved to accept the assessor's estimated market value of$100,700 for parcel number 27-074008-0 for Lemke. A discussion ensued relating to the unfinished lower level of the Lemke home. Mr. Schmitt explained that the entire area was re-evaluated. DuBois/Link moved to amend the motion to change the estimated market value to $97,900. Motion failed 3-2 with Commissioners Smith, Marks, and Reinke opposed. The main motion carried 3-2, with Commissioners DuBois and Link opposed. Official Proceedings of the May 28, 1996 Shakopee Board of Review Page -2- Donald & Marjorie McNeil, 1101 Naumkeag St., Parcel No. 27-159001-0: Bob Schmitt reported that this property was inspected and allowances were made for age, foundation, basement floor, etc. A reduction of $5,600 was recommended, changing the value to $88,700. Mr. McNeil was contacted and agreed to the change. Marks/Link moved to accept the assessor's estimated market value of $88,700 for parcel number 27-159001-0 for McNeil Motion carried unanimously. Pansy Semtner & Violet Crites, 300 Block of E 5th Ave., Parcel No. 27-001397-0: Bob Schmitt reported that the property appears to be a good, buildable lot and believed that the estimated market value is fair and accurate. He recommended no change. Discussion ensued relating to the effect of sewer and water on market value. DuBois/Marks moved to accept the assessor's estimated market value of$18,300 for parcel number 27-001397-0 for Semtner/Cirtes. Motion carried unanimously. Bradley Gonyea, 605 Travelers Trl. W., Burnsville, Mn., Parcel No. 27-139008-0: Bob Schmitt reported that because the property cannot be divided there is only one building site. He recommended valuing the property at a "Hobby Farm" rate without buildings for the 1996 assessment; reducing the estimated market value to $63,700. Marks/DuBois moved to accept the assessor's estimated market value of$63,700 for parcel number 27-139008-0 for Gonyea. Motion carried unanimously. Duaine&Lois Wood, 1800 W 13th Ave., Parcel No. 27-084046-0: Bob Schmitt reported that the property was inspected on May 28th and it was determined that the value was not out of line. In response to the complaint regarding new apartments in the area affecting values, Mr. Schmitt explained that he could not recommend a reduction in value at this time. However, if in the future a negative effect is realized in the neighborhood this issue would be revisited. Marks/Smith moved to accept the assessor's estimated market value of$131,700 for parcel number 27-084046-0 for Wood. Motion carried unanimously. Marks/DuBois moved that the findings of the Board of Review be approved and sent to the County Auditor for certification. Motion carried unanimously. Link/Marks moved to close the 1996 Board of Review. Motion carried unanimously. DuBois/Marks moved to adjourn at 7:34 P.M. Motion carried unanimously JOS. Cox, City Cl rk er TenEyck, Recording Secretary 1111145 University Avenue West League of Minnesota Cities St. Paul, MN 55103-2044 November 13, 1995 To: City officials From: LMCIT Board of Trustees Over the past year,private insurance companies have shown renewed interest in selling insurance to cities. Since your city's renewal is coming up soon, you may well have heard from the St. Paul Companies,the Employers Mutual program sponsored by the MMUA, or one of the other insurance companies that would like to sell you some insurance. LMCIT has done a pretty good job for cities for quite a few years, and we'd like to take a little time to talk about that record. Ultimately we'd ask you to think about one key question: Are cities likely to get better coverage,lower cost,or better service by leaving LMCIT and going to a private insurance company? Can we get better coverage by leaving LMCIT? We've yet to see an insurance company match the coverage LMCIT provides cities. Every year for many years, LMCIT has introduced improvements and refinements to broaden the coverage and better protect cities. Some are relatively minor things that would only rarely come up, like covering the liability for a physician's administrative acts as the city ambulance service's medical adviser. Others are much more significant, such as covering inverse condemnation liability arising out of land use regulations,picking up employment-related charges at the EEOC or Human Rights Commission level, or offering coverage for open meeting law defense costs. Some of the significant changes for 1996 include covering liability for failure to supply utilities; and a"fail-safe" provision to give you coverage even if you forget to schedule a building or item. Many of these coverage improvements came about because city officials identified problems or gaps in coverages and asked LMCIT to find a way to address them. In other cases,LMCIT's Board or staff suggested the changes in response to questions or problems we encountered in handling claims or working with the coverage. The result of this continual process of revision and improvement is that LMCIT member cities have better protection than any we've seen offered to cities anywhere. But the important thing isn't just to toot our horn about how good your LMCIT coverage is (though we have to admit that we kind of enjoy horn-tooting once in a while). The real point is that if you see a problem with some aspect of your LMCIT coverage,you don't have to shop elsewhere to fix that problem. Instead,the first thing to do is to talk to us about it. If it's feasible and it makes sense for cities,we'll do it. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)281-1200 (800)925-1122 TDD(612)281-1290 Fax(612)281-12 . 1 Then there's the dividends... Of course,we also have to look at LMCIT's dividend history. LMCIT will LMCIT Property/Casualty return another$8.8 million as a Premiums and Dividends dividend in 1995. That brings the total since 1990 to over$50 million returned to member cities. That's equal to 31% $40 of premiums for that period. $30 o •Premiums Besides these dividends, in 1993 the DDividends LMCIT workers compensation program $io i- passed a$5.2 million refund from the WCRA cities. throughto the member $0 �' � � 141•111M '90 '91 '92 '93 '94 '95 After a long court fight,private insurance companies ended up keeping their portion of the WCRA refund, rather than returning it to the insurance buyers as the legislature had directed. And then there's the difference in coverage... In comparing LMCIT's cost with a private insurance company's, it's important to remember just how broad LMCIT's liability coverage is. One way to think about it is to look at how many different kinds of insurance policies you'd have to buy to match LMCIT's municipal liability coverage. To even get close to comparing costs with LMCIT,you might have to add up the premiums for as many as 13 separate liability insurance policies: - Comprehensive general liability -Auto liability -Public officials'errors and omissions -Law enforcement professional liability -Employment practices liability -Employee benefits liability -Fiduciary liability(for relief association -Ambulance malpractice liability board members) -Firefighters'professional liability -Lawyers'professional liability(if you have an attorney as an employee) -Accountant's professional liability (if you -Engineer's professional liability(if you have an accountant as an employee) have a professional engineer as an employee) -Limited above-ground pollution liability 1 Can we reduce our costs by leaving LMCIT? It's pretty easy to promise lower costs. We could get into a long-winded discussion about whether a private insurance company would be able to reduce losses or expenses enough to bring its costs below LMCIT's while still providing the same coverage and making a profit. But it might be more helpful to just look at LMCIT's rates over the past several years. LMCIT Liability Rates I • Municipal liability- For 1995-96, LMCIT's average rate for liability is 4% lower than g vs 9 1989-90 rates. e E. I 11111 LMCIT Property Rates A. s0 . .. .. .. A A= A Including Inland Marine 90 91 Underwriting Year 95 96 8 $°25 ^- solo H $0.B I a _ •� • Property-LMCIT's 1995-96 rates for property son i • , iv U and inland marine coverage are about half of I N" $°°5 0 ■ • 1989-90 levels. a $0.00 Ai A A A'. A A A '90 '91 '92 '93 '94 '95 '96 Underwriting Year LMCIT Work Comp Rates r $6.00 • Workers compensation-LMCIT's average rate per$100 of payroll for 1996 is 33%lower than o S4.00 the 1990 rate. 74 S2oo °1 111111 $000 I A A A A A A AI '90 '91 '92 '93 '94 '95 '96 Underwriting Year LMCIT Auto Rates I $400 ' • Auto-LMCIT's average charge per vehicle for $300 it 4I- _ —�_ > , auto liability and physical damage coverage is $200 . ' ',S•',' _ ,' 'b 10% less than the 1989-90 rate. LMCIT member S1D0 ) ' ,' , ,, , , cities pay an average of$308 per vehicle for so A A'' A A A A / liablity and physical damage. (You might '90 '91 '92 '93 '94 '95 '96 Underwriting Year compare that to what you pay for your own SLiabilty oPhysical Damage I personal auto coverage.) In short, LMCIT has a pretty solid record of giving cities stable or decreasing premium rates. • 1 We think LMCIT's record in controlling costs while giving cities much better and broader coverage is pretty impressive. Of course,that's not to say we can rest on our laurels. We're constantly looking for ways we can reduce expenses by operating more efficiently. LMCIT also puts a lot of emphasis on finding ways to help cities reduce losses as well,though the spring loss control seminars,the Loss Control Quarterly, individual consulting assistance and inspections, and so on. But we realize very well that we can always do better, and we'll continue to try to do so. It's easy to promise a lower cost. It can be quite another thing to deliver. LMCIT has been delivering on its promise for a long time. Can we get better service by going somewhere else? This one's pretty easy to answer. If you have a problem with service from LMCIT, whether it's from LMCIT's own staff or from any of our contract service providers-we want to hear about it right now. Call Pete Tritz at 281-1265,or Tom Grundhoefer at 281-1266- or use the toll-free number- 1-800-925-1122. Or call any of the individual trustees. We can't guarantee that we'll never make a mistake,or that we'll always be able to deliver everything you need exactly when you need it. But we can guarantee that if you tell us about a problem,we'll be listening and that we will get it fixed just as quickly as we can. We can't emphasize strongly enough that we want to hear about it when you run into problems. The worst problem is the one we can't fix because you didn't tell us about it. A final comment We think LMCIT has done a pretty good job of meeting cities' coverage needs since 1980. We also recognize that there is still plenty of room for LMCIT to improve and to do an even better job for cities in the future. For a long time, cities didn't have many options for their risk management needs. Few insurance companies would even consider writing insurance for cities, and those that did charged steep premiums. That's changed over the past year or so. Cities are beginning to see private insurance companies offering some very attractive-looking premiums. Whether those companies will keep rates as stable over time as LMCIT has remains to be seen. Whether they'll also match LMCIT's record of returning unneeded funds to member cities as dividends seems doubtful. Another point to keep in mind is that with a closer look those low premiums may not be quite the good deal they seem. We've looked at the actual policy forms that some of the private insurance companies are offering to cities. What we've found is a list of exclusions, restrictive language, and coverage limits that add up to a lot less coverage than what LMCIT gives cities. If you're considering an insurance quote from a commercial insurance company, feel free to give the LMCIT staff a call. We'll be glad to help you identify in detail how their coverage differs from what you have with LMCIT. But the real question we'd like you to think about is this: Which alternative is more likely to produce the results for you in the future-a private insurance company or LMCIT? LMCIT is a non-profit cooperative organization of cities, formed by cities, and governed by city officials, whose sole purpose is to meet cities'coverage and risk management needs. LMCIT is not going to suddenly decide to stop covering cities in order to get into some other line of business that might be more profitable. A private insurance company's basic goal and purpose is to make a profit by selling insurance. We think the choice is obvious. League of Minnesota Cities Insurance Trust Property/Casualty Program 1 SHAKOPEE Premium and Dividend History $250 $200 i i '4 C $150 "% ,- . as co ,Il II $100 / r $50 .: %% i�%, ,, , 0 1 / / // is i / i' / is Oi ; $0 %� 01 %%4 , /A L__ ,95 - X94 '93 92 r 91 1 ,90 . 89 _ '87 oPremiums $179,849 $196,356 $184,879 + $1 ,7121—$-179,696 $172,755 6 8� 1 9, 21 1 2,415 $160,5 o Ulvidends $56,431 $44,342 $48,46-4— _$-1714-4 38,509 1_$33,202 $19,772 20,300 SHAKOPEE Premiums and Dividends since 1987 $2,000 1,1 P; $1,500 ir i <' $1,555,391 -a co o $1,000 _c $500 i F�--- - $374,147 1 $0 Premiums Dividends 4#(0 June 3, 1996 City of Shakopee 129 South Holmes Shakopee,MN 55379 To Whom It May Concern: I recently had the occassion to travel through the area and spend a night in Shakopee. While going through television channels I came across an obscene, violent and disgusting program. When I checked the channel guide to see what I was watching I discovered that it was your community's local programming. I found this material offensive and don't feel it's suited to show on public television. I don't feel I am over reacting, as my career of teaching elementary students exposes me to their thought processes and role duplication. What are you teaching the children and also what do you think it is saying about the community?If you are committed to faniiliy values,then you need to take a closer look at what is being scheduled. Who is responsible for putting these programs on your local station? As an outsider looking in, I just wanted to bring this to your attention. Sincerely. 307 thaL S: SOS 6-5 7 cc: City Council City Administrator Cable Television Board 4* OFFICIAL PROCEEDINGS OF THE:BOARD OF ADJUSTMENT AND APPEALS Regular Session Shakopee,Minnesota June 6, 1996 MEMBERS PRESENT: Madigan, Link,Meilleur,Romansky, and Brekke MEMBERS ABSENT: Joos and Mars STAFF PRESENT: Paul Bilotta,Planning Director Julie Baumann,Planner I Nicole Bennett, Planner I Bruce Loney,Public Works Director Clare T. Link,Recording Secretary 1. ROLL CALL Mr. Bilotta called the meeting to order at 7:30 p.m. Roll call was taken as noted above. Nominations were taken for Chair for the evening in the absence of the Chair and Vice Chair. MOTION: Comm. Madigan/Link moved to nominate Brekke as temporary chair. There being no further nominations, a unanimous ballot was cast. 2. APPROVAL OF AGENDA The agenda was approved as written. 3. APPROVAL OF MAY 9, 1996 MEETING MINUTES .MOTION: Comm. Romansky/Madigan moved to approve the May 9, 1996 meeting minutes as written. VOTE: Motion carried 4-0-1. Link abstained from voting. 4. RECOGNITION BY BOARD OF ADJUSTMENT AND APPEALS OF INTERESTED CITIZENS The Chair recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. 5. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW MINOR COMMERCIAL RECREATION IN THE HIGHWAY BUSINESS (B-1)ZONE,LOCATED AT 2400 EAST FOURTH AVENUE. Ms. Bennett stated that the applicant has submitted an application for a conditional use permit for Minor Commercial Recreation. The request is being made to bring the existing Shakopee Ballroom into conformance with the Highway Business (B-1) zoning requirements and to allow for the applicant to obtain a liquor license. She noted that the use meets all conditions, and staff is recommending approval of the request, subject to one condition. Charles'Fuller, Shakopee Ballroom. 2400 4th Avenue, stated that it is imperative he have a liquor license and will need a conditional use permit first. MOTION: Comm. Romansky/Madigan moved to close the public hearing. VOTE: Motion carried unanimously. Board of Adjustment and Appeals June 6, 1996 Meeting Minutes Page 2 MOTION: Comm. Link/Meilleur moved to offer Resolution No. PC-753, a Resolution of the City of Shakopee, Minnesota, Granting a Conditional Use Permit for a Minor Commercial Recreation facility in the Highway Business(B-1)zone, and moved its adoption, subject to the following condition: 1. All parking shall be screened from adjacent residential zones. and based on the following criteria: Criteria#1: The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Finding#1: The Board finds staff has received no evidence that the proposed minor commercial recreation facility will be injurious to the use and the enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area. Criteria#2: The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area. Finding#2: The Board finds the area surrounding the site is within either the Major Recreation (MR) zone or the Urban Residential (R- 1B) Zone, and the use of the ballroom as a minor commercial recreation facility will not impede future development and improvement in the area. The adjacent property to the south has already been through the platting process. Criteria#3: Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided. Finding#3: The Board finds adequate utilities, access, drainage and parking are provided at the site. Criteria#4: The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use. Finding#4: The Board finds the use as a ballroom and banquet center is consistent with the purposes of the Highway Business (B-1) zone "...to provide an area for business uses fronting on or with immediate access to arterial and collector streets." Board of Adjustment and Appeals June 6, 1996 Meeting Minutes Page 3 Criteria#5: The use is not in conflict with the Comprehensive Plan. Finding#5: The Board finds the use is consistent with the Comprehensive Plan. The area is designated for multi-family residential use in the 1980 Comprehensive Plan and for commercial use in the draft 1995 Comprehensive Plan. VOTE: Motion carried unanimously. 6. PUBLIC REARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW AN OVERHEIGHT FENCE IN THE MAJOR RECREATION(MR)ZONE,LOCATED AT 1244 CANTERBURY ROAD. Ms. Bennett stated that a request from the Canterbury Inn for a structure over the specified height has been submitted. She noted that the request is for an eight foot fence to surround the sand volleyball court. She stated that staff is recommending approval, subject to two conditions. Comm. Link asked if it would be a chain link fence. Ms. Bennett replied that a solid wooden fence is proposed. Comm. Link asked if it will be of suitable materials. Ms. Bennett replied that wood is an acceptable fence material. Dale Runge. Assistant Manager of Canterbury Inn stated the fence is as required by the Police and Fire Departments and for safety reasons. Comm. Brekke asked for clarification of where the volleyball court will be located. Mr. Runge replied it will be at the front of the site in the northeast corner. Ms. Bennett noted that the area is currently used as parking space and green area on the north side of the site adjacent to Canterbury Park. Comm. Meilleur asked what kind of demand there is for volleyball in the area. Mr. Runge noted that there is quite a demand for sand volleyball courts in the Metro area, and it is a growing sport. - MOTION: Comm. Romansky/Madigan moved to close the public hearing. VOTE: Motion carried unanimously. MOTION: Comm. Meilleur/Madigan moved to offer Resolution No. PC-754, A Resolution of the City of Shakopee, Minnesota, Granting a Conditional Use Permit for a Structure Over the Specified Height in the Major Recreation(MR) Zone, and moved its adoption, subject to the following conditions: 1. The fence shall not exceed eight(8) feet in height. Board of Adjustment and Appeals June 6, 1996 Meeting Minutes Page 4 2. The fence shall be set back from each properly line a minimum distance equal to half its height. and based on the following criteria: Criteria#1: The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Finding#1: The Board finds staff has received no evidence that the proposed over height fence will be injurious to the use and the enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area. Criteria#2: The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area. Finding#2: The Board finds the area surrounding the site is within either the Major Recreation(MR) zone or the Highway Business(B- 1)Zone, and the proposed overheight fence is located such that it will not impede future development and improvement in the area. Criteria#3: Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided. Finding#3: The Board finds adequate utilities, access, drainage and parking are provided at the site. Criteria#4: The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use. Finding#4: The Board finds the use as a hotel with an over height fence to protect the proposed sand volleyball court is consistent with the purposes of the Mayor Recreation (MR) zone "...to create a high quality environment for large amusement and recreation attractions with a regional draw, with a high degree of land use compatibility and street efficiency." Criteria#5: The use is not in conflict with the Comprehensive Plan. Board of Adjustment and Appeals June 6, 1996 Meeting Minutes Page 5 Finding#5: The Board finds the use is consistent with the Comprehensive Plan. The area is designated for commercial use in the 1980 Comprehensive Plan and for entertainment in the draft 1995 Comprehensive Plan. VOTE: Motion carried unanimously. 7. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW RETAIL SALES IN THE AGRICULTURAL PRESERVATION(AG)ZONE,LOCATED AT 1785 COUNTY ROAD 42. Ms. Bennett stated that Minnesota Green Landscaping has submitted an application for a Conditional Use Permit to conduct retail sales of nursery and garden supplies in the AG zone. She noted that a landscape contracting operation is currently conducted at the site. She noted that conditions have been added to keep the retail sales separate from the landscape contracting area. She stated that the site is in compliance with all other conditions, and staff is recommending approval of the request, subject to conditions in the memo. Comm. Brekke asked if separating outside storage from retail sales is a special condition in rural areas. Ms. Bennett replied it is a condition of the conditional use permit for retail sales that no overnight storage of equipment be allowed. Comm. Romansky asked if there is going to be residential growth in this area. Ms. Bennett stated that any urban residential growth in this area would likely occur after 2010 as this area is beyond the MUSA staging area for the year 2010. John Christoferson,applicant, stated that the retail area will be located to the east side of the driveway and the contracting area to the west. He asked if the sites could abut each other. Comm. Brekke noted that equipment storage should be kept away from the retail area, but equipment can occasionally cross over for use. Mr. Bilotta agreed, noting that the restriction applied to overnight storage of equipment and does not restrict the use of equipment in both areas. Comm. Meilleur asked what the ratio of employees to customers would be in terms of parking. Mr. Christoferson noted there are 18 parking spaces for retail customers. Employees would be parking in another area on the site. Comm. Meilleur stated that County Road 42 is not improved to the level of other county roads. He asked if there is a plan to work with the County to pave the road. Mr. Christoferson stated the plan is to upgrade the road in 1997. Ms. Bennett stated the County Engineer has indicated that the single driveway access is the only one they will be allowed to use, and the driveway is not required to be paved as it exceeds —50 feet in length in the AG zone. Board of Adjustment and Appeals June 6, 1996 Meeting Minutes Page .6 Comm. Brekke asked if a paved driveway apron would be required. Mr. Loney stated that County Road 42 would be upgraded within the next two years, and a bituminous driveway apron would also be part of the project. Comm. Brekke asked how far the driveway is from the intersection of County Roads 42 and 17. Mr. Christoferson replied the driveway is approximately 300 feet away from the intersection. Jim Sorensen, 2525 Hohenstein Court, stated that Minnesota Green Landscaping has been a good neighbor. He stated that Maple Trails Estates 2nd Addition is on the agenda this evening, and the plat is adjacent to this commercial use. He believed it would be residential in two years. Comm. Brekke noted that mention of the year 2010 was in reference to the year urban services would be available in that area. Mr. Sorensen asked that an additional condition be added to the request to limit truck traffic to single axle vehicles. He also suggested that the hours of operation be limited. He also requested that the business as a transfer station for fill and landscaping rock not be permitted. Mr. Bilotta stated that the residential development in that area is rural residential, and buffering in rural areas is handled by the size of the lots in general. He noted that the conditional use under the Board's consideration is only the retail sales portion of the business. Comm. Brekke asked Mr. Christoferson if the conditions suggested by Mr. Sorensen would be reasonable. Mr. Christoferson noted he owns only single axle trucks, but certain deliveries are made by tandem axle vehicles. He noted that traffic shouldn't be any more than it has been, and the retail use would only create a small amount of car traffic. Comm. Link asked what the hours of operation would be. Mr. Christoferson stated that he starts loading trucks as early as 4:00 a:m., but that the retail use would operate under normal commercial hours. He noted that the property is far away from other residences, and he believed the retail end would be low key. MOTION: Comm. Meilleur/Link moved to close the public hearing. VOTE: Motion carried unanimously. Comm..Madigan noted that deliveries by larger trucks are an occasional occurrence only for this type of business. Comm. Link asked if there are any restrictions on hours of operation on similar uses. Ms. Bennett stated there aren't any that she is aware of, and there is nothing in the City Code to restrict the hours of operation for this type of use. MOTION: Comm. Link/Meilleur moved to offer Resolution No. PC-755, A Resolution of the City of Shakopee, Minnesota, Granting a Conditional Use Permit for the Board of Adjustment and Appeals June 6, 1996 Meeting Minutes Page 7 Retail Sales of Nursery and Garden Supplies in the Agricultural Preservation (AG)Zone, and moved its adoption, based on the following conditions: 1. Adequate off-street parking shall be provided based on the usual number of employees and customers per'day. 2. The immediate removal and sanitary disposal of all dead or diseased plant materials shall be provided.. 3. The retail sales area shall have no overnight storage of equipment used for planting or transplanting landscaping materials. 4. A minimum of 18 off-street parking spaces shall be provided for the retail sales area on an approved parking surface. • 5. Retail sales shall be limited to the area east of the existing driveway, designated as "Area A" on the site plan attached as Exhibit A. 6. All equipment storage areas shall be kept out of Area A and shall be screened from view of the retail sales area with a fence, berm or landscaping at a minimum height of six(6)feet. 7. A Change of Occupancy Permit must be obtained if any existing building is going to be used for retail sales. and based on the following criteria: Criteria#1: The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Finding#1: The Board finds staff has received no evidence that the proposed retail sales of nursery and garden supplies will be injurious to the use and the enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area. Criteria#2: The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area. Finding#2: The Board finds the area surrounding the site is within either the Agricultural Preservation (AG) zone or the Rural Residential (RR) Zone, and the retail sales of nursery and garden supplies on the 40 acres owned by Minnesota Green Landscaping would not impede future development and improvement in the area. This area is beyond the 2000 and 2010 urban services expansion areas. • • Board of Adjustment and Appeals June 6, 1996 Meeting Minutes Page 8 Criteria#3: Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided. Finding#3: The Board finds an on-site septic system is in place, adequate driveway access to County Road 42, and adequate drainage and parking are provided at the site. This site is not within the urban service area and is not served by municipal sewer and water. Criteria#4: The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use. Finding#4: The Board finds the retail sales of nursery and garden supplies is consistent with.the purposes of the Agricultural Preservation (AG) zone "...to preserve and promote agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered and leap-frog, non-farm growth, and to prevent premature expenditures for such public services as roads, sewer, water, and police and fire protection." Criteria#5: The use is not in conflict with the Comprehensive Plan. Finding#5: The Board finds the use is consistent with the Comprehensive Plan. The area is designated for rural residential use in the 1980 Comprehensive Plan and for future urban area in the draft 1995 Comprehensive Plan. VOTE: Motion carried unanimously. 8. SHIELY COMPANY 1996 PLAN OF OPERATIONS ANNUAL REVIEW. Ms. Bennett stated that the original Conditional Use Permit for the mining operation requires an annual review and renewal every three years. She noted that this is the 1996 Annual Review as a part of the 1994 renewal. She discussed the recent inspection of the site, and noted that some existing fencing was in need of repair. Ms. Bennett stated that Shiely Company had indicated to staff that the reclamation portion to the west would be seeded and reclaimed, and the small portion to the north would be mined on an existing face only to ground level. She stated that staff is recommending that the plan of operation annual review be approved. Comm. Brekke asked when the renewal would be up. Ms. Bennett replied the next renewal will be in 1997. Comm. Madigan asked when the inspection took place. Ms. Bennett replied it was done on —May 31, 1996. Board of Adjustment and Appeals June 6, 1996 Meeting Minutes Page 9 Darci Brown, Engineer for Shiely Company, stated that she was present to answer any questions. James Raway, Chemrex and Neighbor to Shiely, asked if someone could review what is being done on the site. Mr. Bilotta asked if a representative of the Shiely Company could review the plan of operation. Ms. Brown stated that there aren't many changes from the plan of operation renewed in 1994. She reviewed the limestone and concrete operations on the site, and noted that 536,000 tons of limestone was processed last year. She noted that they operate under guidelines set forth by the DNR and MPCA. She reviewed the area which will be reclaimed in 1996. She discussed the recycling of bottom ash from NSP which will be implemented in the near future to create a quality road base. Ms. Brown noted that 400 trees were planted last year, and 1000 more have been planted so far this year on the western and northern portions of the site. Mr. Loney asked for clarification on the removal of overburden from the western portion of the site last year. He was under the impression that it had all been removed. Bob Beuragl, Shiely Company, stated that most of the material has been removed, but a contractor will be back to remove the rest of the material in the next 6 to 8 weeks, and then the area will be seeded and reclaimed. Ms. Brown stated that dust is controlled through the natural moisture of the rocks, and the roads are watered down regularly. She stated that the company has an open door policy, and works hard to be a good neighbor. Comm. Romansky asked when the west side of the property would be developed into an industrial use. Mr. Beuragl stated that the first development would begin in mid to late summer. Ms. Bennett noted the addition of the bottom ash and Fabcon material was approved per a Solid Waste Permit through Scott County earlier this month. MOTION: Comm. Romansky/Meilleur moved to approve the Shiely Company's 1996 Annual Review and Plan of Operation for compliance with Conditional Use Permit No. 375, and subsequent amendments, subject to the repair of existing fencing within 60 days and the addition of fencing around any new mining area on the western portion of the site prior to any new activity in that area. VOTE: Motion carried unanimously. 9. 0 FLIER BUSINESS There was no other business. 10. ADJOURNMENT Comm. Brekke adjourned the meeting at 8:25 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMIVIISSION Regular Session Shakopee, Minnesota June 6, 1996 MEMBERS PRESENT: Madigan, Link, Meilleur, Romansky, Brekke MEMBERS ABSENT: Mars and Joos STAFF PRESENT: Bruce Loney, Public Works Director Joel Rutherford, Assistant City Engineer Paul Bilotta, Community Development Director Julie Baumann, Planner I Nicole Bennett, Planner I 1. ROLL CALL Chair Madigan called the meeting to order at 8:35 p.m. Roll call was taken as noted above. 2. APPROVAL OF AGENDA The agenda was approved as submitted. 3. RECOGNITION OF INTERESTED CITIZENS Chair Madigan recognized anyone in the audience wishing to speak on an item not on the agenda. An audience member requested that Item 9 be removed from the Consent Agenda. 4. APPROVAL OF CONSENT AGENDA Motion: Commissioners Brekke/Romansky moved to approve the Consent Agenda. Items so approved include the following: Item #5: Approval of the May 9, 1996 Meeting Minutes Item #10: Final Plat: to consider the final plat for Orchard Park 3rd Addition located in Outlot A of Orchard Park 2nd Addition. Vote: Motion carried unanimously. 5. *APPROVAL OF MAY 9. 1996 MEETING MINUTES This item was approved as part of the Consent Agenda. 6. PUBLIC HEARING: (CONTINUED FROM MAY 9, 1996 MEETING): TO CONSIDER THE PRELIMINARY PLAT OF SAMANTHA WOODS ADDITION. LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 16 AND OF ROUNDHOUSE CIRCLE. ACROSS FROM SHAKOPEE TOWING. Ms. Baumann stated that a preliminary plat application has been submitted proposing four single family lots. The applicant has requested continuance to the July 11, 1996, meeting in City of Shakopee Page 2 Planning Commission Meeting June 6, 1996 order to provide additional information. She noted the public hearing has been continued on a monthly basis since it was opened in March. Commissioner Brekke asked when this item was first published. Ms. Baumann noted that the public hearing was originally published in late February. There have been several requests from residents to be kept up-to-date on this public hearing. Commissioner Romansky asked when the information will be provided. Mr. Loney noted the big issue is the extension of the storm sewer along the easterly boundary for connection to County Road 16 storm sewer. He noted the County missed the connection in their design and had to redesign. It has not yet been completed. Jim Monnens. applicant stated they have been unable to move forward because of the error in sewer design. Commissioner Meilleur asked if there is a paper trail noting the situation. Mr. Monnens replied he would have documentation regarding the problem. Mr. Loney discussed the work being done to solve the issue. He anticipated completion by the July meeting. Motion: Commissioners Link/Romansky moved to continue the public hearing to the July 11, 1996, meeting and direct staff to renotify the affected property owners at the City's expense. Commissioner Brekke stated his concern about continual continuation of the public hearing. He stated he felt it should be republished even if the City has to pay for the republication. Commissioner Romansky suggested renotifying affected property owners even though the public hearing is not republished. Mr. Bilotta stated renotification can be done. Vote: Motion carried 4-1. Commissioner Brekke voted against the motion. 7. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY AND FINAL PLAT OF VALLEY PARK 12T1I ADDITION. LOCATED WEST OF VALLEY PARK DRIVE AND EAST OF COUNTY ROAD 83 ALONG 12TH AVENUE Ms. Baumann stated that Valley Green Industrial Park is requesting preliminary and final plat approval of four industrial lots. Staff is recommending approval subject to conditions in the staff report. City of Shakopee Page 3 Planning Commission Meeting June 6, 1996 Jon Albinson. 5240 Valley Industrial Park Blvd. stated that he will be submitting a wetlands delineation plan. An additional issue is storm drainage. A total easement area of 30' was defined in the preliminary plat and not included in the final plat. The final plat will be revised to reflect the 30'. Mr. Loney stated a trunk stormwater charge may be approved by the City Council which would be applicable to this plat. He stated it should be noted as a condition for approval. Mr. Albinson discussed discharging storm water into Mn/DOT right-of-way. Mr. Loney added Mn/DOT has suggested right-of-way be retained by the City. Motion: Commissioners Brekke/Link moved to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioners Brekke/Meilleur moved to offer a motion to recommend to the City Council the approval of the request for approval of the Preliminary/Final Plat for Valley Park 12th Addition, subject to the following conditions, and move its approval: A. Prior to City Council approval of the Preliminary/Final Plats, the following actions must occur: 1) The applicant must submit an Application for Exemption to the Wetlands Regulations Act of 1991. B. 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 Shakopee Public Utilities. b) Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. c) Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d) Storm sewer and sanitary sewer systems to be installed in accordance with the requirements of the City Engineer. e) 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 • City of Shakopee Page 4 Planning Commission Meeting June 6, 1996 $895.00 for Lot 2, Block 2. The Park Dedication payment shall be paid at the time of the recording of the Final Plat. f) Trunk stormsewer charge would be applicable if the charge has been approved by the City Council prior to Preliminary/Final Plat approval by the City Council. Vote: Motion carried unanimously. 8. PUBLIC HEARING (CONTINUED FROM MAY 9. 1996): TO CONSIDER THE REZONING OF SEVENTY (70) ACRES OF LAND LOCATED DIRECTLY EAST OF THE NEW ST. FRANCIS REGIONAL MEDICAL CENTER. FROM AGRICULTURAL PRESERVATION (AG) ZONE TO URBAN RESIDENTIAL (R- 1B) ZONE Ms. Baumann stated the applicant is requesting that the City amend the Official Zoning Map to rezone a 70 acre site currently zoned as Agricultural Preservation (AG) to Urban Residential (R-1B). She noted that the Planning Commission. and City Council have recommended approval of the MUSA expansion request. The Metropolitan Council is currently reviewing this request. Staff is recommending approval of the rezoning, and Ms. Baumann noted this item would be forwarded to the City Council once the Metropolitan Council granted approval of the MUSA expansion. Lee Johnson, Orrin Thompson Homes was present to answer any questions the Commission might have. Motion: Commissioners Link/Romansky moved to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioners Link/Romansky moved to offer a motion to recommend to the City Council the approval of the request to rezone the subject property to Urban Residential (R-1B) from Agricultural Preservation (AG) and direct staff to forward this recommendation to the City Council at such time as the MUSA line has been extended to the subject site. Vote: Motion carried unanimously. City of Shakopee Page 5 Planning Commission Meeting June 6, 1996 9. *FINAL PLAT: TO CONSIDER THE FINAL PLAT FOR MAPLE TRAILS ESTATES 2ND ADDITION. LOCATED ON OUTLOT A OF MAPLE TRAIIS ESTATES 1ST ADDITION Ms. Baumann stated that the final plat proposes one single family residential lot and one outlot. Staff is recommending approval of the final plat subject to conditions. Commissioner Brekke asked if it was taken into consideration what the eventual use will be once the area has urban services. Mr. Bilotta stated that the outlot will be subdivided into 2.5 acre lots as part of another phase of development. Mr. Bilotta stated that the area proposed as Lot 1, Block 1, is in compliance with the Preliminary Plat for the development. Commissioner Meilleur asked if this is where the existing home is located. Ms. Baumann stated there is an existing home. This lot currently takes access off of County Road 17. The County Engineer has commented that this driveway access will be allowed to remain where it currently is. Commissioner Link asked if there are actually two houses located on the site. Mr. Jim Sorensen. adjacent property owner stated the original farmstead house and a newer home are located on the lot. He discussed his concern about consideration of the plat. He believed this is a totally different plan from the preliminary plat. He questioned why adjacent property owners have not been notified. He had several concerns and was unprepared to address the subject. Ms. Baumann stated the preliminary plat for Maple Trails was approved in 1992. She also stated that Public hearing notices are sent out for preliminary plats, but not final plats. She noted the final plat is in conformance with the preliminary plat approval. She stated building permits cannot be issued for Outlot A until it is replatted and access can be linked to developments to the north, south, or east. Mr. Sorensen asked if he will be contacted when Outlot A is replatted. Mr. Bilotta noted because he is the adjoining property owner, he will need to be contacted because Outlot A will need access across his property. In response to a question from Mr. Sorensen, Ms. Baumann noted further street connection in Maple Trails Estates cannot be made until another street connection is provided. Mr. Sorensen discussed his concerns about street connections in this development. He stated he does not have any opposition to the item proposed for approval. • City of Shakopee Page 6 Planning Commission Meeting June 6, 1996 Commissioner Link asked how large the lot is with the two homes. Ms. Baumann replied it is 10.8 acres. Commissioner Link was concerned about the two houses on the lot. Mr. Bilotta stated that if the lot was to be split in any way, it would fall into the use variance category, which is illegal. The property owner would have to acquire enough adjacent property to create two 10 acre lots. Commissioner Meilleur asked if this was always a part of the Maple Trails Estates plat. Ms. Baumann replied it was. Motion: Commissioners Brekke/Romansky moved to offer a motion to recommend to City Council the approval of the Final Plat for Maple Trails 2nd Addition, subject to conditions, and move its approval: 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i) 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 $895.00 for Lot 2, Block 2. The Park Dedication payment shall be paid at the time of the recording of the Final Plat. c) No building permits shall be issued for Outlot A until it has been replatted. d) Documentation noting that Outlot A shall not be developed or have building permits issued for it until such time as Outlot A is replatted and street connections can be made to developments to the north, south, or east, shall be filed with Scott County. Vote: Motion carried 4-1. Commissioner Meilleur voted against the motion. 10. *FINAL PLAT: TO CONSIDER THE FINAL PLAT FOR ORCHARD PARK 3RD ADDITION. LOCATED IN OUTLOT A OF ORCHARD PARK 2ND ADDITION This item was approved as part of the Consent Agenda. 11. TO CONSIDER AN AMENDMENT TO CHAPTER 11. THE ZONING CHAPTER. FOR A TEXT AMENDMENT TO MODIFY THE STANDARDS FOR GOVERNMENTAL. INSTITUTIONAL AND RECREATIONAL SIGNS IN ALL City of Shakopee Page 7 Planning Commission Meeting June 6, 1996 RESIDENTIAL ZONES PER SECTION 11.70. SUBD. 9, ITEM D OF THE SHAKOPEE CITY CODE. Ms. Bennett stated staff was directed to remove language regarding commercial recreation from Section 11.70, Subd. 9, Item D and add language to include public service announcements as allowed messages for the proposed sign text amendment. In addition, in removing commercial recreation it was suggested it be added under the original standards as a separate item. Staff recommends approval of the text amendments. Commissioner Brekke asked for clarification on the criteria and findings. Ms. Bennett stated the original motion was to not approve the school's request until the zoning text amendment has been made. Motion: Commissioners Brekke/Link moved to offer a motion to recommend to the City Council approval of the proposed text amendment to City Code Section 11.70, Subd. 9, Item D. (Governmental, institutional, and recreational signs in Residential Zones) and Item G. (Commercial recreation signs), and move its approval. Vote: Motion carried unanimously. 12. PUBLIC HEARING (CONTINUED FROM MAY 9. 1996): TO CONSIDER PROPOSED AMENDMENTS TO SECTIONS 11.02. 11.36. 11.38. 11.40, 11.42, 11.44 AND 11.46 TO MODIFY THE ZONING REGULATIONS FOR SOME RESTAURANTS AND TAVERNS THAT SERVE ALCOHOL. Mr. Bilotta stated that he would like to continue the public hearing to the July 11, 1996, meeting in order to work out additional details. Motion: Commissioners Brekke/Romansky moved to continue the public hearing. Vote: Motion carried unanimously. 13. PUBLIC HEARING: TO CONSIDER PROPOSED AMENDMENTS TO SECTIONS 11.60. SUED. 4; SECTION 11.36. SUBD. .3; SECTION 11.46. SUED. 3: AND SECTION 11.87. SUED. 2 TO MODIFY THE ZONING REGULATIONS FOR BUILDING MATERIALS Ms. Bennett stated staff was directed to prepare a zoning ordinance amendment relating to building materials. She stated staff has been unable to work on the specific language needed for these amendments and requests continuance of the public hearing. City of Shakopee Page 8 Planning Commission Meeting June 6, 1996 Motion: Commissioners Meilleur/Brekke moved to continue the public hearing to the July 11, 1996, meeting. Vote: Motion carried unanimously. 14. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO CHAPTER 12. THE SUBDIVISION REGULATIONS CHAPTER. FOR A TEXT AMENDMENT TO ALLOW THE CREATION OF LOTS THAT ABUT THEIR FULL FRONTAGE ON EITHER A PUBLICLY DEDICATED STREET OR PRIVATE DRIVEWAY DEDICATED OR RESERVED FOR PROVIDING ACCESS. SEC. 12.07. SUED. 4.G. OF THE SHAKOPEE CITY CODE Ms. Baumann stated that Gold Nugget Development has submitted an application for an amendment to the City Code. The current text states that "all lots shall abut their full frontage on a publicly dedicated street". The applicant is proposing "lots will abut their full frontage on a publicly dedicated street or private driveway that has been dedicated or reserved for the purpose of providing access". Upon review of this request, staff is proposing the following language, "all lots shall abut their full frontage on a publicly dedicated street, unless said lots are included within a Common Interest Community (CIC)" . Commissioner Brekke asked if approval of this request will affect the Pinewood Estates Development. Ms. Baumann replied Pinewood Estates has received all necessary city approvals. The developer, however, has indicated that he would replat a portion of the development, if the text amendment is approved. Horst Graser. Gold Nugget Development explained the reason for the text amendment request. He stated they are in favor of the language suggested by staff. If approved, they would move forward with an application for a subdivision of this type. Commissioner Romansky asked what kind of controls the City will have over the safety and design of a private street. Mr. Bilotta replied the City will be developing standards for private streets. Prior to that, the design is reviewed and handled on a case-by-case basis. Commissioner Brekke asked if Planning Commission will have the ability to review plats for CIC's. Mr. Bilotta replied applications will still be reviewed by the Planning Commission. Motion: Commissioners Brekke/Romansky moved to close the public hearing. • Vote: Motion carried unanimously. City of Shakopee Page 9 Planning Commission Meeting June 6, 1996 Motion: Commissioners Brekke/Link moved to offer a motion to recommend to City Council approval of text amendment to City Code Section 12.07, Subd. G. as proposed by staff, and move its approval Vote: Motion carried unanimously. 15. CONCEPT REVIEW: NORBERT THEIS PUD Ms. Baumann stated that Mr. Theis has prepared three separate proposals for property located west of County Road 79 and south of Sand Street. It is proposed to be developed as a PUD. No formal action is requested at this time, rather input from the Planning Commission is being sought. Commissioner Brekke asked if any of the proposals meet the requirements for cul-de-sac length. Ms. Baumann stated Option A meets the cul-de-sac length. Norbert Theis, applicant reviewed three separate concepts for development. Commissioners discussed their concerns about cul-de-sac lengths. Commissioner Brekke discussed concerns about homes built in the proximity of overhead power lines. He stated he would like more information on how close the homes would be to the power lines and studies on any health risks. Commissioner Meilleur asked if one entry for emergency vehicles is reasonable in Option C. Mr. Bilotta stated he could get input from the Fire Chief to get his ideas. Commissioner Meilleur was also concerned about on-street parking. Mr. Bilotta stated the Subdivision Review Committee is reviewing this issue. Commissioner Romansky stated she would like to see as many access points as possible. She would prefer to see two access areas for the development. Commissioner Brekke asked Mr. Theis if he has met with any of the residents in the area for their input. Mr. Theis replied he intends to meet with them. Commissioner Brekke asked if rezoning would be required. Mr. Bilotta stated the PUD process is a rezoning. Commissioner Brekke believed there needs to be two access points. City of Shakopee Page 10 Planning Commission Meeting June 6, 1996 Commissioner Link asked Mr. Theis which option he preferred. Mr. Theis replied he preferred Option A. Commissioner Brekke stated there could be some opposition from the residents of Sand Street because of the increased density use. Ms. Baumann showed the relationship between this proposed development and Orchard Park 3rd Addition as they relate to street connections. Mr. Bilotta explained modifications may be needed to the Orchard Park plat in order to make the Theis proposal work. Road connections may need to be moved. Commissioner Brekke stated he thought it could be possible to combine Options A and B. Commissioners reviewed possible street configurations with Mr. Theis. 16. OTHER BUSINESS A. Street Naming Policy Ms. Baumann reviewed the current street naming policy. She asked for Planning Commission input on revising the street naming policy. Commissioner Brekke,stated does not have any specific ideas regarding street names, but he would like to encourage developers to be creative. Commissioner Meilleur stated his concern was changing street names every 300'. B. Staff Changes Joel Rutherford was introduced as the new Assistant City Engineer. Michael Leek will begin work on June 10, 1996, as the Planner II in the Community Development Department. Nicole Bennett has submitted her resignation. Her last day of employment will be June 17, 1996. • 17. ADJOURNMENT Chair Madigan adjourned the meeting at 10:40 p.m. (51MI . 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CO n W O w O II 0 Z w N >4 04 W o II U M til II 0 0 0 0 0 0 H W 11 4 n o n II U n 0 N II O 0 0 0 0 0 N • N II 0 0 d' er 0 0 n 0 11 A II N N r) M O O 11 r) II W W II A 11 N 1I x a II el N jN �I I � Z n t0 II tn in ,N� COWM U1 II CHI) A II H ax M in N W II Cl) ) n +/1• N II W N II n II n n n II N II II v u 4 n cn n c4 X n II W MII N C4 n II WN II1pV) O N H 0 u II EEgHI [E�- 6j A II I W H E- N 4 I a < 0 A n H H II N A Cl) 0 U ZME°a EA i0 14 l H M H 1 H W U Z a M a I �z H 1 al W a M �' ca A II 04 U W H W W CQ u 04 U7 ka 1 N II o H FI 0 uN E H Cza '7 II U1 GO 0 N HII 0 El a W � WnZ CO II in Cl) w Cl) w Cl) h n 0 u MONTH ENO CITY OF SHAKOPEE, MINNESOTA Average Yield= 5.81 percent INVESTMENTS Average Maturity= 2.7 years 6/1/96 Printed 10-Jun-96 1996 6/1/96 5/31/96 PAR INV Purchase Maturity Yield Carrying Basis Accreted Basis Market VALUE COUPON FHLMC 06/14/93 09/15/02 6.05 1,596,698.07 1,593,222.50 1,520,950.20 1,540,000.00 6.77 FICO 02/02/93 08/03/01 6.70 1,792,975.58 1,844,988.17 1,757,025.00 2,500,000.00 NA FHL 11/14/95 11/14/00 6.30 1,000,000.00 1,000,000.00 976,090.00 1,000,000.00 6.30 USTR 02/17/93 08/15/00 6.15 1,356,378.39 1,391,576.04 1,330,976.88 1,752,000.00 NA FICO 11/30/92 02/03/99 6.50 961,406.24 986,507.45 965,643.50 1,150,000.00 NA FHLM 07/15/93 11/15/98 5.25 1,260,694.18 1,287,815.36 1,241,374.00 1,450,000.00 NA FICO 07/15/93 11/02/98 5.24 240,441.14 245,599.58 236,206.32 276,000.00 NA FNMA 09/29/93 09/28/98 4.92 500,000.00 500,000.00 483,780.00 500,000.00 4.92 NA 09/15/95 05/15/97 6.40 475,239.82 487,968.79 489,270.38 517,500.00 NA WA 06/05/95 11/15/97 5.52 1,953,262.03 1,998,742.16 1,972,401.89 2,160,045.00 NA REFCO 08/10/95 10/15/97 6.07 1,024,462.50 1,050,853.63 1,047,572.47 1,139,000.00 NA USTN 06/02/95 07/31/97 5.97 995,696.68 983,118.83 995,000.00 1,000,000.00 5.5 SLUG Se 04/30/96 11/01/96 4.20 750,000.00 750,000.00 750,000.00 750,000.00 UST 12/29/95 09/30/96 5.25 1,008,996.83 996,880.44 1,003,750.00 1,000,000.00 6.5 CP 05/09/96 07/18/96 5.39 1,484,658.33 1,489,549.88 1,484,658.33 1,500,000.00 4-M 01/01/00 266,476.84 266,476.84 266,476.84 266,476.84 None Norwest 01/01/00 1,936,783.25 1,936,783.25 1,936,783.25 1.936.783.25 None Total 18,604,169.88 18,810,082.91 18,457,959.06 20,437,805.09 I • 11 ri 01 CO morn ‘.0 N O M 01 0 ,._.N O 0 in M 0 0 H 11 O r1 10 CO N O er Lfl O M O O N O n N M O 0 to EIA II . . . . . . . . . . . . . . . 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N z a N N M IA •N co • m . ,• z vo 0a i 0 o' en 00• 0 E a w .- zO vt ;II £ : W Ui Wo C4 aI O zCC. Wo H 11 O ✓ u o N N • II N 0 II N % N A a ao n W W n - N E � a O\ H rn x N 11 H W N t? 11 E II II v� u n W u I E 10 IE O H E I GL 1 Z H I 0 LL' I H o 1 E N I W I W • 1 IX u 0 I W H 1 c4 re O 1 0 SHAKOPEE PARKS AND RECREATION ADVISORY BOARD MEETING REGULAR SESSION MAY 20, 1996 Chair Steve Johnson called the meeting to order at 7:00 p.m.at the Shakopee Community Center. Advisory Board members present: Judy Salchow, Paulette Rislund, Jeff Kaley, Ann Seifert, Dean Shaner,Dolores Lebens and Steve Johnson. Staff present: Mark McQuillan, Ron Stellmaker and Sherry Dvorak. Rislund/Seifert moved to approve the agenda. Motion carried. Rislund/Salchow moved to approve the April 29, 1996 Parks and Recreation advisory Board meeting minutes. Motion carried. OLD BUSINESS McQuillan stated he will be meeting with Mr. Raymond Ames to discuss the City's long range plans for placing a park south of the Shakopee By-Pass. The Ames property has been identified by staff as a good location for a future park. Chair Johnson stated the City shouldn't limit itself to just one location but to consider other sites as well. McQuillan would prefer the City"piggy back" on the study the School District will be doing on future facility needs. Chair Johnson reported he has been appointed to serve on the School District's Task Force to study the District's long range needs for facilities. The committee will also look at issues pertaining to staffing, curriculum, diversity etc. Johnson stated he will keep the Advisory Board apprised of their findings. McQuillan reported the City Council approved his request for funding to repair the damage caused by vandals at the Community Youth Center. Seifert/Lebens moved to approve the Parks and Recreation Department's Mission Statement which reads as follows: "Shakopee Parks and Recreation Department will provide park, trails and recreation opportunities to enhance the quality of life in our community."Motion carried. NEW BUSINESS Seifert/Lebens moved to direct staff to establish June 24, 1996,to have a tour of the City's Park System starting at 5 PM at the Community Center. Motion carried. McQuillan reported the St. Paul American Red Cross Bloodmobile will be using the Community Center on Monday, June 3, 1996, from 12 noon to 7:00 p.m. A large turn-out is expected. Dvorak gave a report on the summer recreation program. She noted the hiring of summer recreation staff is completed. Registrations for summer sports camps and day camps have been going very well. Some of the camps are at capacity. The pool will open Saturday, June 8. Dvorak stated she has high expectations for the summer gymnastics program. In May, an ad about the summer gymnastics program will be published in several different community newspapers. The intention is to fill all the classes even if it means having non-residents in the program. Ron Stellmaker gave a report on the summer operation of the community center and pool. He noted plans are underway to establish an indoor in-line hockey program for students in grades 7-12. There will also be open skating hours. Stellmaker stated the attendance has dropped off dramatically at the center which is normal for this time of the year. People rather play outdoors when the weather is nice. Stellmaker recommended the hours of operation for the Community Center be reduced during the summer months. Chairman Johnson suggested that staff make the appropriate adjustments as they see fit. Johnson noted the PRAB did approve the operating hours for the summer and winter months last year. Stellmaker stated from June 3 through September 1,the operating hours will be as follows: Monday-Thursday 7:30AM-10PM; Friday 7:30AM-9PM; Saturday 8AM-6PM and Sunday 8AM-6PM. Seifert asked if staff plans to offer programs for four and five year olds at the Community Center. Stellmaker noted that staff is exploring different options for that age group. STAFF AND LIAISON REPORTS McQuillan reported he has made arrangements to have the US Navy Steel Drum Military Band perform a free concert at Memorial Park on Friday, August 9 from 6:30 to 7:30 PM. The band will be performing in five different Twin Cities communities. McQuillan stated he will contact the VFW and the American Legion Club to see if they would like to serve free ice cream at the event. The band is based in New Orleans, Louisiana. McQuillan reported the City of Shakopee and the Shakopee Rotary Club are the recipients of the Minnesota Recreation and Park Association's Award of Excellence for its Rotary Rest Stop Project. The award is being presented under the category of Volunteer/Sponsorship. An awards presentation will be conducted at a future City Council meeting. McQuillan reported the Shakopee Police Department will begin cracking down on the consumption of alcoholic beverages in Tahpah Park. There are too many non-softball players using the park to drink their beer.New signs will be erected at the entrance of the park stating the park rules. Seifert/Lebens moved to adjourn. Motion carried. The meeting adjourn at 8:25 p.m. Respectfully submitted, Mark J. McQuillan, Director of Parks and Recreation MONTHLY UPDATE OF PARKS AND RECREATION PROJECTS AND PROGRAMS FOR JUNE RESPECTFULLY SUBMITTED MARK J. MCQUILLAN PARKS AND RECREATION DIRECTOR CAPITAL IMPROVEMENT PROJECTS 1996 OBJECTIVES 1. LAND ACQUISITION : SOUTH OF BY-PASS & WEST OF TAHPAH PARK • STATUS: Staff recently met with Mr. Raymond Ames and Joel Cooper to explain future expansion of the MUSA line south of the Shakopee By-Pass. The City may have an interest is purchasing some acreage from Mr. Ames for a future community park. The School District is also considering the site for a future elementary school. The School District has formed a Task Force to study future curriculum and facility needs. Steve Johnson, Chairperson of the Parks and Recreation Advisory Board, was appointed to the Task Force. • STATUS: The State of Minnesota owns 30 acres of property adjacent to Tahpah Park. Staff has made inquiries about the purchase of that property. Waiting to hear back from MnDot. 2. TAHPAH PARK PARKING LOT EXTENSION • STATUS: Pending on membership approval to the project. This project is being funded by the Shakopee Jaycees. 3. TAHPAH PARK NETTING FOR BASEBALL STADIUM • STATUS: Pending on membership approval. This project is being funded by the Shakopee Jaycees. 4. TAHPAH PARK LIGHTING OF SOFTBALL FIELD #4 • STATUS: Pending on membership approval to fund the project. This project is being funded by the Shakopee Jaycees. 5. PLAYGROUND EQUIPMENT FOR TIMBER TRAILs PARK • STATUS: A committee of residents from the Timber Trails neighborhood was formed to select new playground equipment for the park. Two suppliers of playground equipment have submitted three separate design proposals for the committee to examine. The committee will be making a recommendation at the Park and Recreation Advisory Board's June 24, 1996, meeting. A final recommendation will be brought to the July 9, 1996, City Coucil Meeting. 6. BACKSTOP FOR KILLARNEY HILLS PARK • STATUS: On order. 7. REPLACEMENT OF DIVING BOARD AT POOL • STATUS: The three meter diving board at the pool has been removed and replaced by a new Drop Slide which was approved by the City Council on May 7, 1996. 8. NEW PLAYGROUND EQUIPMENT FOR LIONS PARK • STATUS: At the its next General Membership meeting,the Shakopee Lions Club will be voting to approve or reject a proposal to install about$50,000 worth of new playground equipment in Lions Park this summer. The Earl F. Anderson Company, which sells Landscape Structure's playground equipment,has offered the Lions Club playground equipment valued over$60,000 for less than$50,000, installation included. See Attachment. This special offer is good until July 15, 1996. If everything can be worked to the satisfaction of both parties,the equipment would be installed by August 15, 1996. The City will be involved in the preparation of the site and pay any costs associated with the installation of protective surface materials. This is to insure the surface is safe and accessable for those with disabilities. The costs will range anywhere from $5,000 to $15,000. 9. DEVELOPMENT OF PARK IN MEADOWS 9TH EDITION • STATUS: At its May 20, 1996, meeting,the Parks and Recreation Advisory Board recommended that improvements be made to the park in Meadows 9th Edition in 1997. Residents from that neighborhood have requested playground equipment and a basketball court for that park. This will be included in the 1997 Parks CIP. 10. TREES FOR LIONS PARK • STATUS: Completed. 11. ROTARY KIOSKS • STATUS: The Minnesota Recreation and Park Association recently announced the winners of the Award of Excellence. The award is given to communities or agencies who have develop unique and outstanding park and recreation programs or projects. The City of Shakopee and the Shakopee Rotary Club are recipients of the Award of Excellence for the Rotary Rest Stop Project. The award is being presented under the category of Volunteer/Sponsorship. The Rotary Rest Stop (Kiosk) Program was implemented in 1993. The kiosks, complete with maps, historical pictures and benches, are built at strategic points along a paved bike trail. There are two kiosk: Levee and Scott Strret and Memorial Park. More are planned. A special presentation will be made at a City Council meeting in July. 12. REPAIRS OF VANDALISM IN CYC BUILDING • • STATUS: Vandalism at the Community Youth Building in Lions Park has been repaired. The Shakopee Boy Scouts Troop#12 have volunteered to repaint the walls. This will save the City $785 if it had to hire a professional painter. JUNE RECREATION PROGRAMS • Bloodmobile was at the Shakopee Community Center on June 3. • Pool opened Saturday, June 8. • Sabers Boys Basketball Camp for grades 1 &2 held June 10-14. • Shakopee Summer Baseball Camp held June 10-20. • Mighty Mites for 8 year olds began Monday, June 10. • Junior Team Tennis practices began Tuesday, June 11. • Archery lessons began Tuesday, June 11. • Shakopee Girls Basketball Camp held Tuesday, June 11-21. • Shakopee Baseball Batting Camp was held Friday, June 14. • Shakopee Optimist Track& Field Meet#1 was Sunday, June 16. • Shakopee Youth Golf Camp was held June 17-21. • Swimming Lessons Session I started Monday, June 17. • Sabers Boys Basketball Camp for grades 3 &4 held June 24-28. • Tot Time for 4 year olds: June 17-21. • T-ball for 6 year olds started Monday, June 17. • Nearball for 7 year olds started Monday, June 17. • Shakopee Optimist Track&Field Meet#2 is Sunday, June 23. Shakopee Ten Mile Relay is Wednesday, June 26. • Shakopee Optimist Track& Field Meet#3 is Sunday, June 30. CITY PARK TOUR FOR ALL BOARDS, COMMISSION AND CITY COUNCIL MEMBERS IS MONDAY,JUNE 24 STARTING AT 5:00 PM AT THE COMMUNITY CENTER. RSVP TO THE PARKS AND RECREATION OFFICE AT 445-8244. 07/7/ 1,- TO: City Council Shakopee Public Utilities Commission FROM: Gregg Voxland, Finance Director SUBJ: SPUC Accounts Receivable Informational DATE: June 10, 1996 AS follow up for information purposes, the status of city invoices to SPUC for projects is; • P & V invoiced 3/1/96, paid in June. • Downtown $86,472, 34, invoiced 3/1/96, outstanding. • Mini bypass $141, 371 . 38, invoiced 4/22/96, outstanding. • 1993 Street Reconstruction $301, 858 . 99, invoiced 3/21/95 paid partial $150, 000 in June 1996 . • 4th Ave reconstruction - special assessments in front of SPUC building $4, 194,47, invoiced 4/4/96, outstanding. Invoice outstanding notices are being sent at the end of each month. is /finance/docs/spucinvo I CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR MAY, 1996 Respectfully Submitted /SZ/lece, %by Bruce A. Loney Public Works Director PROJECT START COMPLETE STATUS COMMENTS Category I- Projects Under Construction 1. Upper Valley Drainage 9/93 99% See Narrative Section 2. Pierce Street 6/94 99% See Narrative Section 3. Vierling Drive,Adams St. 7/94 100% to Presidential Lane 4. Sarazin Street(Viking Steel Rd.) 4/95 95% See Narrative Section 5. Downtown Alley Reconstruction 5/95 75% See Narrative Section 6. P&V Reconstruction 7/95 100% 7. Fuller Street 8/95 90% 8. County Road 16 Utilities 8/95 95% 9. St. Francis Sewer&Water Extension 10/95 99% 10. River District Sewer Rehabilitation 10/95 100% 11. Millpond Water Quality Improvement 2/96 90% 12. Vierling Drive-C.R. 79 to C.R.77 4/96 40% 13. Sarazin St./17th Ave. 5/96 0% 14. 1996 Reconstruction 7/96 0% Category II- Projects In Design 1. 10th Ave. -from CSAH 17 to 6/96 Shakopee Ave. Category III- Projects Under Study 1. C.S.A.H. 18 Connection 11/93 10% See Narrative Section 2. Maras Street 6/94 6/95 100% See Narrative Section 3. Trunk Sewer "H" 6/96 Category IV- Development Projects In Review 1. Orrin Thompson (Prairie Village) Preliminary Plat 2. Hauer's 5th Addition Preliminary Plat 3. Market Place 2nd Addition Final Plat 4. Meadows North Preliminary Plat 5. Horizon Heights 5th Final Plat 6. Samantha Woods Preliminary Plat 1 PROJECT START COMPLETE STATUS COMMENTS I Category V - Private Subdivision Construction 1. Dominion Hills 6/93 85% Wear Course Remaining 2. Stonebrooke 2nd Unknown Unknown 0% 3. Homestead Ridge 2nd 9/94 100% Warranty Period 4. Minnesota Valley 8th 9/94 100% Warranty Period 5. Meadows West 1st Addition 9/94 100% Warranty Period 6. Prairie Bend 9/94 95% Restoration and Wear Course 7. Meadows West 2nd 7/95 100% Warranty Period 8. Orchard Park 1st 7/95 90% 9. Canterbury Pointe 11/95 30% Mainly Private Infrastructure 10. Prairie Bend 2nd Addtn. 4/96 60% 11. Pinewood Estates 5% 12. Westwind 1st Addition 50% 13. Meadows West 3rd Addition 80% Category Vi - Special Projects 1. CSAH 16 Scott County Plans 8/95 7/96 20% 3. Mn/DOT Shakopee Bypass 8/95 6/97 90% Segment 1 &2 4. MCWS Sewer Interceptor 8/95 6/96 90% 5. Local Transportation Plan RFP's 8/95 11/95 10% Work Scope Being Defined 6. C.R. 79 (C.R. 14 to C.R. 72) 2/96 11/97 In Concept Design Please refer to the attached narrative section for a more detailed discussion on several of the projects. 2 NARRATIVE SECTION I1 - Projects Under Category Construction 1. Upper Valley Drainage Project-Phase II and Shakopee Bypass Drainage Facilities • This project is essentially complete except for clean up and miscellaneous items. Final cleanup restoration items of the channel is dependent upon the dryness of the soil in the channel. 2. Pierce Street • The alley paving has been done with restoration work complete. 4. Sarazin Street(Viking Steel Road) • Roadway construction, sidewalks and turf restoration is essentially complete. Minor restoration areas and corrective work is yet to be done. Contract disputes of work have not been resolved. 5. Downtown Alley Reconstruction • The concrete duct bank is installed for the entire project. Restoration of alleys is nearly complete. The service conduits are being installed to the buildings. 6. P&V Reconstruction • The project is now complete. 7. Fuller Street • All utilities have been installed with street base paving complete. 3 8. County Road 16 Utilities • Work at Canterbury Inn remains to be completed. 9. St.Francis Sewer&Water Extension • Sanitary sewer and water installation is complete. 10. River District Trunk Sewer • Installation of water proof castings on manholes is complete. 11. Mill Pond • This project is functionally complete. Restoration of the work area will be completed in the spring. 12. Vierling Drive • This project has been awarded to F.M. Frattalone of St. Paul, MN and construction has started. 13. Sarazin Street/17th Avenue • Northdale Construction Co. has begun grading and preparation for street construction. 14. 1996 Reconstruction • This project has been awarded to Barbarossa & Sons, of Osseo, MN and construction will be begin soon. 4 [Category No. 2 - Projects in Design 1. 10th Avenue-from CSAH 17 to Shakopee Avenue • This project consists of installing a storm sewer system and street pavement overlay to extend the life of street pavements in this area. Cost of project will be from the Storm Drainage Fund and Pavement Preservation in the Street Division Budget. ICategory No. 3 - Projects Under Study 1. County Road 18 Connection • This feasibility report is on hold due to the recent court decision which has prevented the County from bidding this project. 2. Maras Street • A feasibility report is now complete. 3. Trunk Sewer"H" • This project is for the installation of a trunk sanitary sewer from the Chaska Interceptor to the southwest. This project was petitioned by U.S. Homes. 5 SliAKopEE Shakopee School Board Superintendent Robert J. Ostlund Kathy Busch, Chair Robyn Wolfe, Vice Chair PUBLIC SCHOOLS Janet Wendt, Clerk Steve Schneider, Treasurer District Office Todd Anderson, Director Jessica Geis, Director Bob Techam, Director June 13,1996 Barry Stock Acting City Administrator City Hall 129 South Holmes Street Shakopee,MN 55379 Dear Barry: Attached is a resolution adopted by the School Board at its June 10th meeting. As you can see,the resolution is supportive of the City placing all or part of the Ames property east of the new hospital in moratorium as we have discussed. The Board hopes the Council finds the resolution helpful. The School Board clearly sees the potential advantages of joint city park and school sites to the residents we serve. We are free to move forward in assessing the quality of this particular site for such a joint venture as soon as possible. The District's Facility Task Force will begin meeting next week to develop recommendations for future facility needs. However, site location will not be considered by the Task Force. Site locations are technical decisions that will be made by the board after staff study and recommendation. We look forward to working together in this effort to efficiently meet the needs of those we serve. Please have the appropriate person contact me as we continue to pursue this joint effort. Now is not to early from our perspective to begin establishing the next school site. 'Si er•ly ;4V0 Robert`Ostlund Supermtendent of Schools RJO/ph enclosure c c: Kathy Busch Paul Bilotta Mark McQuillan 505 South Holmes Shakopee, MN 55379 ALL SCHOOLS ACCREDITED BY THE NORTH CENTAL ASSOCIATION (612)496-5000 AN EQUAL OPPORTUNITY EMPLOYER • Shakopee Public Schools Resolution Supporting a Moratorium on Prospective City Park-School Site Property June 10,1996 WHEREAS, student enrollment in the Shakopee Public Schools is increasing and will continue to increase for many years, and WHEREAS, new school facilities and strategically located property upon which to construct needed facilities to meet this growing student population will be needed, and WHEREAS, the School district is currently embarking on a Facility Study to assess future needs, and WHEREAS, the City of Shakopee has a need for additional park land to meet the increasing activity needs of our growing community, and WHEREAS, public entities working together can provide more cost effective facilities and services to the community, and WHEREAS, contiguous city park and school sites have demonstrated cost effective advantages to all parties, and WHEREAS, suitable property for such purposes is being rapidly depleted, THEREFORE, BE IT RESOLVED, that the Shakopee Board of Education supports the City of Shakopee in establishing a development moratorium on property east of the new Orin Thompson residential development and north of Valley View Road for the purpose of allowing both the School District and the City to study the feasibility of joint public use of • said property. Dated: June 10, 1996 �.. e 4‘41/A/0 a / Kathy Bus , air Robert J. t nd Board of Education Superint ! ent TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA JUNE 18, 1996 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7 : 00 P.M. 2] Approval cf Agenda 3] Liaison Re orts from Councilmembers 4] Mayor' s ReTort 5] RECOGNITIO' BY CITY COUNCIL OF INTERESTED CITIZENS >6] Approval of the Minutes of May 28, June 1, 4, and 6, 1996 >7] Approve Bills in the Amount of $975, 715 . 11 >8] Resolution of Appreciation to the City Administrator Search Committee - No. 4449 9] Communications : a] 1995 Auuditor' s Report b] Steve Smith, Arts Council, regarding insurance for lease of city property c] John Olson regarding city administrator position d) Alex Tsellis, Faegre & Benson, regarding watermain easement for St. Francis Regional Medical Campus 10] Public Hearings : None 11] Recommendations From Boards and Commissions : >a] Final Plat of Orchard Park 3rd located East of CR-77 and North of the Bypass - Res . No . 4451 >b] Final Plat of Maple Trails 2nd located East of CR-17 and South of Cross of Peace Church - Res . No. 4452 >c] Preliminary and Final Plat of Valley Park 12th Addition located West of Valley Park Drive, East of CR-83 and South of 12th Avenue - Res . No. 4453 TENTATIVE AGENDA June 18, 1996 Page -2- 12] Reports from Staff: a] Arlington Ridge Update - requested by Cncl .DuBois >b] Special Assessment Abatement c] Economic Development Staffing >d] Consultant Contracts for General Municipal Engineering >e] 1996-97 Insurance Renewals f] Extension Agreement with WSB for Completion of the Storm Water Management Plan g] On Sale Liquor License - Shakopee Ballroom and Banquet Center, Inc. >h] 1996-97 3 .2 Beer Licenses >I] 1996-97 Wine License >j ] 1996-97 Liquor Licenses k] 1997-2005 Capital Improvement Plan (CIP) 13] Routine Resolutions and Ordinances : >a] Res . No . 4454 - Setting Hearing To Consider Vacating the Alley West of Webster Between 3rd and 4th Avenues b] Ord. No. 453 - Amending Cable Ordinance - tabled 5/21 >c] Ord. No. 456 - Repealing City Code Sec. 2 . 05, Subd. 3 (City Administrator Appointment/Removal) d] Res . No. 4435 - Accepting Report and Ordering Hearing for Maras Street From 13th Avenue to CR-18, Project 1996-4 e] Res . No . 4456 - Accepting Report and Ordering Improve- ment SS-H Trunk Sewer, Project 1996-6 f] Res . No. 4450 Resolution of Appreciation to Barry Stock 14] Other Business : a] b] c] 15] Adjourn. Barry Stock Acting City Administrator > Indicates those items determined by the City Administrator to be appropriate for inclusion on a consent agenda if a consent agenda existed. # L RESOLUTION NO. 4455 A RESOLUTION PRESENTING THE KEY TO THE CITY OF SHAKOPEE TO PRESIDENT MARTTI AHTISAARI OF THE REPUBLIC OF FINLAND WHEREAS,Anne Spurrier is a citizen of the City of Shakopee, Minnesota, USA, and recipient of the Republic of Finland - U.S. Senate Scholarship to spend eight weeks in a program to foster better international understanding; and WHEREAS, the City Council of the City of Shakopee desires Anne Spurrier to carry the best wishes of the citizens of the City of Shakopee to the Republic of Finland signified by the presentation of the key to the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Anne Spurrier is hereby designated the City's ambassador of goodwill to the Republic of Finland. BE IT FURTHER RESOLVED that Anne Spurrier is hereby directed to present the key to the City of Shakopee to President Martti Ahtisaari and the good and gracious people of the Republic of Finland as a symbol of the City of Shakopee' support of programs that foster better international understanding. Adopted in adjourned regular session of the City Council of the City of Shakopee held this 18th day of June, 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA MAY 28, 1996 Mayor Henderson called the meeting to order at 4:07 P.M. with Councilmembers DuBois, Zorn, Sweeney, and Link present. Also present: Barry Stock, Acting City Administrator;Karen Marty, City Attorney; Judith S. Cox, City Clerk; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Tom Steininger, Chief of Police; and Vernice Takumi, Accountant/Research Analyst. Mayor Henderson explained that Mr. Brimeyer is present to present the background reports on the final city administrator candidates. He said that certain parts of the report are private and confidential under the data privacy act so the Council will be going into executive session to discuss those items. He asked the City Council to discuss only those items that are covered by the data privacy act. Ms. Marty explained that under the law, when someone applies for employment with the city, all data regarding that person is private except for: veterans status, relevant test scores, rank on the eligible list,job history, education and training, and work availability. The name of the finalists is also public. All other information pertaining to an applicant for public employment is private. When the Council goes into closed session it is legal and appropriate to discuss all the private data, not public information. To further clarify, Ms. Marty stated that questions can be raised for further elaboration on the contents of the report not discussion on what one thinks of someone like that. Mayor Henderson recessed the meeting for an executive session at 4:11 P.M. Mayor Henderson re-convened the meeting at 4:25 P.M. He stated for the record that the Council only received information and discussed those items that are permitted under data privacy and that no action was taken. Mayor Henderson stated that the interviews for the final candidates will begin at 9:00 A.M. on Saturday, that the interviews will be open to the public, and that the Council needs to discuss the format they wish to use. The selection committee provided the Council with questions to ask and Mayor Henderson asked the Councilmembers, if they had additional questions, to run them by Ms. Marty. Discussion followed. Consensus of the Councilmembers was to meet with each candidate for one hour, that each candidate would have 5 to 10 minutes to provide background on themselves, each Councilmember would ask two questions, and then the candidate would have a few minutes to ask questions of the Council. The interviews would go from 9:00 A.M. until 1:00 P.M. and the Council would then adjourn reserving their discussion on the candidates and decision until the June 4th meeting. Official Proceedings of the May 28, 1996 Shakopee City Council Page -2- Zorn/Sweeney moved to bring in the city administrator candidates in for one hour interviews at 9:00, 10:00, 11:00, and 12:00 o'clock and send them home following the interview, tell them that the interview will not exceed one hour, and that they will be advised Wednesday of the successful candidate. Zorn/Sweeney moved to amend the motion to include that the names of the candidates are drawn out of a hat by the Mayor in public to determine the order of the interviews. Motion carried unanimously. Motion carried unanimously on the main motion as amended. Mr. Voxland stated that the 5 Year Equipment list is presented to Council for their discussion. It is part of the process for the budget. He suggested that the Council review the list to determine if the items: 1) need replacement, 2) if the items should be purchased, rented, leased or contracted out, 3)whether or not to buy new compact pickups for building inspectors or cycle down cars (squad), 4) require the City Mechanic to certify that the condition of each item needs replacement. Council was also provided a vehicle acquisition, use and replacement policy from the City of Eagan for consideration. Discussion followed. Cncl.Zorn suggested that the inspectors use cycled down police cars as well as the administration department. Cncl.Sweeney suggested that staff be asked what equipment level is reasonable for the Fire Department. If the City is going to spend $600,000 within the text two years, we may be tempted to put the purchases on a referendum. Mayor Henderson explained that Mr. Voxland is looking for direction. Just because an item is on the 5 Year Equipment List doesn't mean that it has to be purchased. He would like to have the City Mechanic determine that a particular piece of equipment has reached the endof its life before replacing it. Cncl.Zorn stated that he would like a justification for replacing the 1973 pumper. Zorn/Sweeney moved that the inspection department be relegated to use cycled down police vehicles. Motion carried unanimously. Zorn/Sweeney moved that the future replacement of vehicles be justified vehicle by vehicle by obsolescence of the equipment. Motion carried unanimously. In response to a question of Cncl.Zorn, Mr. Steininger stated that the 1988 Plymouth scheduled for replacement in 1997 he would not be comfortable sending out of town but that it maybe okay for inspections within the City. Also, in 1998 there would be at least one very good car available. • Official Proceedings of the May 28, 1996 Shakopee City Council Page -3- Zorn/Sweeney moved that the budget reflect in 1998 a used police car for the Engineering Department as opposed to the new car programmed. Mr. Loney clarified that although it is in his budget that this car is for administration to.be used as a pool car. Motion carried unanimously. Discussion ensued on the steamer budgeted for 2000. Mayor Henderson stated that he is okay with leaving this in the projected budget for 2000. Cncl.Sweeney stated that he is more concerned with vehicles budgeted in 1997 and 1998. Zorn/Sweeney moved that the City's Mechanic.certify equipment prior to replacement(that the mechanical condition is such that replacement is needed within 18 months). Motion carried unanimously. . Discussion ensued on the draft vehicle acquisition, use and replacement policy. Sweeney/Zorn moved to direct staff to take the draft vehicle policy and modify it to the City's particular situation, applicable to our policies and our organization. Motion carried unanimously. Mr. Voxland summarized actions taken thus far: in 1997 delete all inspection trucks, each year will look at and if there is not enough cycled down police cars may put a truck back in, all other items will stay on the list for 1997 (squad car, unmarked car, replacement fire truck, single axle dump truck, front end loader, and a replacement mower). Sweeney/Zorn moved to direct staff to get some rationale in terms of similar size cities with volunteer fire departments of a similar size how many of these vehicles is an adequate number. Mr. Voxland stated that staff will also look at cycling down the two pooled vehicles, the 1988 Grand Am and the engineering vehicle that are used by staff to go out of town, as we go along. Motion carried unanimously. Discussion ensued on whether or not there was a need for a 4-wheel drive vehicle for inspections. Mr. Loney was asked to look at the possibility of utilizing the 4-wheel drive vehicles in Public Works if there becomes a need for a 4-wheel drive vehicle for inspections. Sweeney/Zorn offered Resolution No. 4446, A Resolution Amending Resolution No. 4352, Adopting The 1996 Pay Schedule For The Officers And Non-Union Employees Of The City OF Shakopee, and moved its adoption. Motion carried unanimously. Cncl.Link initiated discussion on activities at Memorial Park. Chief Steininger addressed the Council regarding the problems, offered recommendations and asked for direction. Official Proceedings of the May 28, 1996 Shakopee City Council Page -4- Sweeney/Zorn moved to direct staff to prepare a budget amendment to allocate an additional $5,000 to the Police Department for overtime use in controlling the problems in Memorial Park. Motion carried unanimously. DuBois/Sweeney moved to direct staff to have appropriate people secure Memorial Park at 10:00 P.M. with the gate that is there. Cncl.Sweeney stated that he would also like staff to investigate the possibility of having a phone installed that does not require a coin that would connect directly to the sheriff. Motion carried unanimously. Sweeney/Zorn moved to adjourn to Saturday, June 1st, at 9:00 A.M. Motion carried unanimously. The meeting was adjourned at 5:40 P.M. Mayor Henderson then drew the names of the candidates being interviewed on Saturday to determine the order of the interviews: 9:00 - Tom Melena, 10:00 - Gary Berger, 11:00 -Mark McNeill, 12:00 -John Olson. thS. Cox ity Clerk 626 • Recording Secretary • OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA JUNE 1, 1996 Mayor Henderson called the meeting to order at 9:07 A.M. with Councilmembers DuBois, Zorn, Sweeney, and Link present. Also present: Judith S. Cox, City Clerk and Jon Albinson, Valley Green Business Park. Mayor Henderson explained that each candidate for the city administrator position would be asked to give a brief overview of himself to be followed by questions from the Councilmembers. He would then be invited to ask any questions that he may have of the Council. There would then be a break between each candidate. The Councilmembers then interviewed the final candidates for the city administrator position. The first candidate interviewed was Mr. Tom Melena. Council recessed from 9:55 a.m. to 10:03 a.m. The second candidate interviewed was Mr. Gary Berger. Council recessed from 10:55 a.m. to 11:09 a.m. The third candidate interviewed was Mr. Mark McNeill. Council recessed from 12:00 p.m. to 12:12 p.m. The fourth candidate interviewed was John Olson. Zorn/Sweeney moved to adjourn at 12:48 p.m. Motion carried unanimously. Jucith S. Cox LC)iy Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 4, 1996 Mayor Jeff Henderson called the meeting to order at 7:02 P.M. with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Clete Link present. Also present: Karen Marty, City Attorney; Barry Stock, Acting City Administrator; Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; Paul Bilotta, Community Development Director; and Mark McQuillan, Park and Recreation Director. The following items were added to the agenda: 13a) Nicole Bennett Resignation, 13b) Tobacco Violation Hearings, 13c) Shakopee Graduation Party Exemption From Lawful Gambling License, 13d) Accessory Structures and Driveways, 13e) Contract Negotiations for New City Administrator. The following item was removed from the agenda: 12g) Amending Cable Ordinance - tabled 5/21. Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. No liaison reports were given. Mayor Henderson gave the Mayor's report. Mayor Henderson asked if there was anyone present in the audience who wished to address the City council on any time not on the agenda. There was no response. DuBois/Link moved to approve the Minutes of May 14th and 21st, 1996. Motion carried unanimously. Sweeney/Zorn moved to approve Bills in the Amount of $138,513.64. Motion carried unanimously. Barry Stock reported that the American Cancer Society has requested permission to access Memorial Park after normal hours for the "Walk in the Park" event July 19 and 20, 1996. DuBois/Link moved to approve the request by the American Cancer Society to access Memorial Park after normal hours for the "Walk in the Park" event. Motion carried unanimously. Barry Stock reported that the Suburban Transit Association is looking for a representative to serve on a subcommittee and asked for direction from the Council on appointment for that position. Zorn/Link moved to appoint Eldon Reinke to serve on the Suburban Transit Association subcommittee. Motion carried unanimously. Official Proceedings of the June 4, 1996 Shakopee City Council Page -2- Barry Stock reported that the Stafford Alumni Association has requested permission to set up one day in advance for their annual "Recovery Rally" at Memorial Park to be held August 3rd, 1996. Link/Zorn moved to approve the request by Stafford Alumni Association to access Memorial Park after normal hours for the "Recovery Rally" event. Motion carried unanimously. Sweeney/Zorn offered Resolution No. 4442, A Resolution Of Appreciation Acknowledging Rose Mertz's Employment With The City Of Shakopee, and moved its adoption. Motion carried unanimously. Mayor Henderson then presented the award to Rose Mertz. Barry Stock reported that the architect hired for the fire station project had informed him that they could perform the work associated with a lift at a cost higher than quoted by Greystone Construction, noting that any bid would be higher than Greystone's. He also encouraged the City to utilize contractors retained for the Community Center Project for any electrical and carpentry items. Cost quotations were obtained but did not include electric power work, telephone related costs, and other minor work items. The purchase of a lift and change orders made to existing contracts would bring the total cost under $20,000. Staff requested authorization to purchase the lift at a cost not to exceed $15,484.00. Zorn/Link moved to authorize the appropriate City officials to accept the cost quotation for the equipment and installation associated with a lift at the Shakopee Community Center Project at a cost not to exceed $15,484.00. Motion carried unanimously. Paul Bilotta reported that Harley Hohenstein and Laurent Builders, Inc. have requested an extension of approval of the Preliminary Plat for Maple Trails Estates for 12 months. Discussion ensued relating to the "good cause" requirement. Link/DuBois offered a motion extending the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by an additional 12 months. Motion carried unanimously. Judith Cox reported that St. Mary's Catholic Church has applied for a temporary on-sale non- intoxicating malt liquor license for their annual festival on June 23rd. Their application and insurance requirements are in order. Zorn/Sweeney moved to approve the application and grant a Temporary On-Sale Non-Intoxicating Malt Liquor License to St. Mary's Catholic Church, 535 South Lewis for June 23, 1996. Motion carried unanimously. Official Proceedings of the June 4, 1996 Shakopee City Council Page -3- Judith Cox reported the Church of St. Mark has applied for a temporary on-sale liquor license to sell wine coolers at their annual festival on July 27th and 28th, and that their application and insurance are in order. • Zorn/DuBois moved to approve the application and grant a Temporary On-Sale Liquor License to the Church of St. Mark, 350 South Atwood for July 28th and July 29th, 1996. Motion carried unanimously. Gregg Voxland reported that the cities that opted out of the metro transit system now have the option to have a local levy for transit instead of applying to the Metropolitan Council for reimbursement of transit costs. The advantage is that paper work is not required for reimbursement requests and any portion df the levy not spent in a given year can be kept for transit purposes. The city needs to make a local levy decision and certify the option and amount of the levy to the state Department of Revenue by June 30th with a maximum levy of$376,572.00 for 1997 taxes. Sweeney/Zorn moved to direct staff to certify tc the Minnesota Department of Revenue that the City of Shakopee chooses to exercise the local -Ary option for transit services and that the levy amount for pay 1997 is the maximum $376,572.00 as determined by the Department of Revenue. Discussion ensued as to whether this would show upon tax statements as a separate levy or an increase in the tax capacity rate. Motion carried unanimously. Sweeney/Zorn moved to direct the Acting City Administrator to contact Mr. Cunningham and request that the local levy for transit services be a separate line item on the property tax statements and that this request be placed on a County Board Agenda. Motion carried unanimously. Gregg Voxland reported that a new aid for cities and counties beginning in 1997, was passed by the Legislature. Shakopee could qualify for approximately $14,000 of the new Local Performance Aid. To qualify an application signed by the Mayor and a Councilmember, stating that the city is developing a performance system must be submitted. The goal is to eventually have performance criteria to measure the efficiency of delivering city services. Zorn/Sweeney moved to authorize the Mayor and a Councilmember to execute the application to participate in the Local Performance Aid system from the State of Minnesota and direct staff to proceed with developing a system of reporting performance measures. Discussion ensued regarding options and requirements. Motion carried unanimously. Official Proceedings of the June 4, 1996 Shakopee City Council Page -4- Cncl. Sweeney reported that Shakopee Public Utilities Commission (SPUC) has requested that discussion of the McKenna Road Construction be tabled until the right-of-way easement is addressed for a three phase line along McKenna Road. Bruce Loney explained that a draft letter from Stanley Crooks, tribal Chair, Shakopee Mdewakanton Sioux Community (SMSC) to Mayor Henderson regarding consideration of this improvement project has been received. The SMSC would like to have this roadway constructed this year. Staff is requiring that the SMSC pay 100% of the project costs to reconstruct the road to a rural bituminous 7-ton design and to a rural local street width design. In addition, an agreement between the City and the SMSC is needed to cover the responsibilities of both parties. The City does not need to assess the project since the project will be paid for by SMSC funds. The issue is whether or not to enter into an agreement with the SMSC for the paving of McKenna Road. Discussion ensued relating to State Aid and local street width requirements. Zorn/Link moved to direct staff to enter into an agreement with Shakopee Mdewakanton Sioux Community and the City for the construction of McKenna Road, from County Road 16 to the South Corporate Limits in the City of Shakopee. Discussion ensued relating to including staff fees in the cost of the project. Discussion ensued relating to the advantage of a 9-ton road versus a 7-ton road. Mr. Loney explained that the intent is to design the road in a way that it could be up-graded in the future to meet State Aid requirements. Discussion ensued relating to the preparation of the terms of the agreement and negotiations. Mr. Rudnicki, Tribal Administrator, SMSC, approached the podium and explained that in order to forgo the public hearing process they are willing to pay for the construction, relocation, design and inspections as well as any right-of-way. Zorn/DuBois moved to amend the motion to direct the appropriate City staff to draft an agreement with Shakopee Mdewakanton Sioux Community and the City for the construction of McKenna Road, from County Road 16 to the South Corporate Limits in the City of Shakopee, to be brought back before the Council for final approval. Motion carried unanimously. The main motion as amended carried unanimously. Mayor Henderson called for a straw vote of Councilmember's first choice of the candidates for the city administrator position. There was a unanimous vote to appoint Mark McNeill as the City Administrator. Official Proceedings of the June 4, 1996 Shakopee City Council Page -5- Link/DuBois moved that Mark McNeill be appointed as the new City Administrator, contingent upon negotiating a contract, passing a drug test, and meeting other requirements. Motion carried unanimously. Mayor Henderson will contact Mark McNeill to begin negotiations. • Karen Marty reported that the legislature adopted a law relating to pawnbrokers with the intent of exempting them from the user law. However, this resulted in imposing restrictions similar to the ordinance. The holding period for pawned goods changed from 30 days to 60 days. She recommended that the City Council amend its regulations to be consistent with the law. Ms. Marty also noted a correction in Subd. 9.C. that was placed on the table. DuBois/Zorn offered Ordinance No. 454, An Ordinance Of The City Of Shakopee, Minnesota, Amending City Code Chapter 6, Other Business Regulation And Licensing, By Repealing Sec. 6.28, Pawnbrokers, Precious Metal Dealers, And Secondhand Dealers, And Adopting One New Section In Lieu Thereof, and moved its adoption (including revised Subd. 9.C.) Motion carried unanimously. Sweeney/Link offered Resolution No. 4387, A Resolution Of The City Of Shakopee, Minnesota, Vacating Drainage And Utility Easement Within Block 43, Original Shakopee Plat, and moved its adoption. Motion carried unanimously. Zorn/Link offered Resolution No. 4447, A Resolution Apportioning Special Assessments Among New Parcels Created As A Result Of The Platting Of Westwind Addition, and moved its adoption.. Motion carried unanimously. Bruce Loney reported that bids were taken for the 1996 Reconstruction Project No. 1996-2. The low bid was $775,693.05 and submitted by Barbarossa & Son, Inc. The Engineer's estimate was approximately $700,000.00. The feasibility report estimated costs at $632,000.00 and did not include watermain construction costs of approximately $98,747.00. He also requested the approval of a 10% contingency fee to cover minor change orders or quantity adjustments that may occur, as well as authority to hire consulting engineering services to provide construction surveying. Link/Sweeney offered Resolution No. 4448, A Resolution Accepting Bids on the 1996 Reconstruction Project No. 1996-2, and moved its adoption. Motion carried unanimously. Zorn/Link moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc., to provide consultant services for the 1996-2, Reconstruction Project. Motion carried unanimously. Zorn/Sweeney moved to authorize a 10% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on the 1996-2, Reconstruction Project. Official Proceedings of the June 4, 1996 Shakopee City Council Page -6- Discussion ensued relating to giving the City Engineer authority to have a 10% contingency on contracts without coming to the City Council for approval. Bruce Loney explained that on larger projects 5% is acceptable and anything over this amount must be brought back before the Council. Sweeney/DuBois moved to amend the motion to replace a 10% contingency amount with 5% on the 1996-2, Reconstruction Project. Motion carried unanimously. The main motion as amended carried unanimously. Mayor Henderson acknowledged the time and effort of the City Administrator Search Committee and will formally present a resolution of appreciation to them at the next meeting when they can be in attendance. Sweeney/DuBois moved to table the adoption of the Resolution of Appreciation to the City Administrator Search Committee. Motion carried unanimously. Karen Marty explained that the ordinance relating to telecommunications permits was heavily taken from the model, and modified to give more control over right-of-way. Sweeney/DuBois offered Ordinance No. 455, An Ordinance Of The City Of Shakopee, Minnesota, Amending City Code Chapter 3, Municipal And Public Utilities, Rules And Regulations, Franchises And Rates, By Adopting One New Section Relating To Telecommunications Permits, and moved its adoption. Motion carried unanimously. Zorn/Link moved to direct staff to develop fees and bring a fee resolution to Council for consideration. Cncl. Sweeney urged staff to build in an escalator clause for inflation to avoid readdressing fees often. Motion carried unanimously. Link/Sweeney moved to request SPUC to establish a fee for pole use. Motion carried unanimously. Sweeney/DuBois moved to accept the resignation of Nicole Bennett, Economic Development Specialist as of Monday, June 17, 1996, with regrets. Motion carried unanimously. Sweeney/Zorn moved to direct staff to initiate the hiring process to replace Nicole Bennett. Discussion ensued as to what the Council and/or the Economic Development Authority would like to see as far as the staffing level and numbers. Official Proceedings of the June 4, 1996 Shakopee City Council Page -7- Motion carried unanimously. Karen Marty reported that notice of the public hearings on tobacco violations, as directed by City Council, must be given 15-30 days before the hearings. She recommended that the hearings be set for Tuesday, July 9, 1996, starting at 6:00 P.M. Sweeney/Link moved to schedule the public hearings for tobacco violations for Tuesday, July 9, 1996, starting at 6:00 p.m. Motion carried unanimously. Judith Cox reported that the Shakopee Graduation Party Committee has applied for an Exemption from Lawful Gambling License to the Gambling Control Board, and are requesting that the 30 day review period be waived. Approval is needed in order to purchase the pull-tab materials by June 5th or 6th. Link/Dubois moved to waive the 30 day review period for the Shakopee All Night Graduation Party for an Exemption from Lawful Gambling License from the Gambling Control Board for June 7th and 8th, 1996 at the Shakopee Junior High. Motion carried unanimously. In response to a question as to whether or not the type of accessory building and the intended use is listed on a permit, Paul Bilotta explained that the intended use is listed on the application. However, there is a problem with accessory buildings operating as garages, since accessory garages must have a driveway. He also stated that this is an issue that will be coming before the Planning Commission. A recess was taken at 8:24 P.M. The meeting re-convened at 8:37 P.M. Gregg Voxland reported that the 1997-2001 Capital Improvement Plan (CEP) is a listing of "bricks and mortar" projects for the next five years and it identifies their funding sources. The 1997 items will be included in the 1997 budget. Mr. Voxland explained that Special Revenue Funds account for proceeds of specific revenue sources designated to finance particular activities, and that the Economic Development Authority Fund is the general operating fund and accounts for the activities of that body. Discussion ensued relating to the salt storage shed. The project was moved back a year (1999) and/or until required by law. It was suggested to hide the appearance of the Public Works storage lot with mature trees and shrubs and to add $20,000 to the budget to do so. Relocating the shed to the proposed fire station site was also discussed. Official Proceedings of the June 4, 1996 Shakopee City Council Page -8- Cncl.Sweeney initiated discussion suggested putting the currently budgeted $125,000 for the land for the fire station on the tax levy referendum as well as the identified the fire trucks to free up more dollars for the park fund. However, the Park and Recreation fund would still be short. Cncl.Sweeney noted that the debt service levy will jump over the next ten years. There was a consensus that the fire station and fire trucks be placed on the referendum; and, it was suggested that staff look at the debt service levy over the next ten years so that it would no more than double. Gregg Voxland suggested that the life of bonds be changed from 15 to 20 years. Cncl.Link suggested that the Fire Department develop a "needs" list. Discussion ensued relating to the School District purchasing land for additional schools and that the City may wish to consider purchasing park property contiguous to it to maximize benefit to the public. Mr. McQuillan was asked to obtain more information and if preemptive push out the $450,000 park land acquisition south of the bypass out beyond 1997. Cncl.Zom noted that the Recreation Center Phase II was not included on the project list. He suggested improvements to include a sauna, racquet ball courts, and a swimming pool, noting that upgrading could be phased in. There was a consensus that plans for upgrading would not be considered for a minimum of one year. In discussing trail bridges for crossing the upper valley drainage way, the necessity of constructing them in 1997 was questioned. Mr. McQuillan was directed to come back to Council with additional information. Cncl.Zorn requested that the land the City purchased over 15 years ago (adjacent to O'Dowd Lake) be developed. He would like to see all three proposed expenditures for O'Dowd Lake Park be moved up one year to 1998/1999. Mark McQuillan explained that the Park and Recreation Board is suggesting addressing neighborhood parks before making improvements to the O'Dowd Lake Park property in order to complete development of parks in Timber Trails, The Meadows 9th, and Prairie Bend developments. Cncl.Sweeney suggested that we may wish to explore cooperative agreements with Louisville Township for the development of O'Dowd Lake Park since they also abut O'Dowd Lake. Mayor Henderson stated that it would be okay to move up the O'Dowd Lake Park expenditures one year if Louisville Township would contribute to its development. Official Proceedings of the June 4, 1996 Shakopee City Council Page -9- Cncl.Zorn noted that the Lion's Club has proposed donations in the amount of $65,00.00 for playground equipment. In response to a question as to the amount of park dedication fees received in a year, Mr. Voxland stated that he did not have the numbers broken down and that he would get them. A recess was taken at 9:36 P.M. The meeting re-convened at 9:46 P.M. Irr response to a question as to why we are budgeting for storm sewer improvements in the Prior Lake/Spring Lake Watershed Channel, Mr. Loney explained that once development begins the City must provide maintenance. However, Shakopee's improvements are contingent upon development in the area. Shakopee is involved because the City wants to take advantage of restoration for future development. Staff was asked to review the agreement relating to the construction of the channel. In response to a question as to the benefits the City received from the Chaska Interceptor, Cncl. Sweeney explained that capacity was purchased through a gravity system. If this had not been purchased Shakopee would have had to run their own interceptor and acquire the right-of-way for it at a difference of approximately $9 million. It will benefit the area south of the City. In response to a question from Cncl.DuBois relating to 6th Avenue Sewer-B (Webster-Fuller), Mr. Loney explained that this was held over from last year. 6th Avenue from Webster to Fuller will be turned over to the City as a County Road turnback. It is expected that the sewer may need replacing around 2002. Discussion of the Capital Improvement Project List was closed at 9:56 P.M. Mayor Henderson explained that a copy of the standard employment contract, that was also used by the former City Administrator, was forwarded to Mr. McNeill. The original offer published in the ad was $60,995-$66,713, for Steps 1-4. Mayor Henderson noted that Step 4 at $66,713 is slightly lower than Mr. McNeill's current pay and that he intends to offer the Step 4 pay plan along with some relocation expenses. Cncl. DuBois explained that the estimated moving fees from Mason City, Iowa to Shakopee would be $3,800 - $3,900. Closing costs for the purchase of a new home is a customary 3% of the sale price. Based on a purchase price of$150,000 mortgage this would be $4,500. Adding the moving costs and the closing costs would average a relocation fee between $8,000 and $9,000. Cncl.Sweeney stated that having authorized the Mayor to negotiate a contract with Mr. McNeill, that he will support whatever the Mayor offers. Cncl.Zorn concurred except for a monthly auto allowance. Official Proceedings of the June 4, 1996 Shakopee City Council Page -10- Discussion ensued relating to a monthly auto expense allowance of$300.00/mo. Mayor Henderson will negotiate the auto expense allowance. Councilmembers agreed to meet on Thursday to act on the contract for the new city administrator negotiated by the Mayor. Zorn/Sweeney moved to adjourn to Thursday, June 6th, at 4:30 P.M. Motion carried unanimously. The meeting adjourned at 10:13 P.M. iuo �. dthS. Cox Clerk Esther TenEyck Recording Secretary • OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA JUNE 6, 1996 Mayor Jeff Henderson called the meeting to order at 4:34 P.M. with Councilmembers DuBois, Zorn, Sweeney, and Link present. Also present: Karen Marty, City Attorney; Judith S. Cox, City Clerk; Paul Bilotta, Community Development Director; and Gregg Voxland, Finance Director. Mayor Henderson reported on his meeting with Mr. Mark McNeill who was offered the city administrator position. He explained that Mr. McNeill agreed to dropping a car allowance in exchange for starting at Step 5 on the pay plan. Mr. McNeill will then be reimbursed for mileage used on city business according to the IRS formula. He will also be reimbursed up to $5,000 for relocation and moving expenses. Mayor Henderson stated that Mr. McNeill cannot promise coming to work permanently sooner than 45 days. He must give his employer a 30 day notice and he needs additional time to take care of personal matters before moving up here. Sweeney/Zorn moved to approve an employment contract with Mr. Mark McNeill as proposed by Mayor Henderson. Motion carried unanimously. Sweeney/Zorn moved to repeal Section 2.05, Subdivision 3 of the city code (Appointment and Removal of City Administrator). Motion carried unanimously. Zorn/DuBois moved that upon the departure of Barry Stock, Acting City Administrator, that Paul Bilotta's salary be temporarily raised to Step 1 of the city administrator's pay plan to continue until such time as the city administrator takes his place. Motion carried unanimously. Ms. Marty updated the council on the status of the City's suit against the United States and the Bureau of Indian Affairs to prevent nearly 600 acres of land from being put into trust for the Shakopee Mdewakanton Sioux Community as well as the status of a South Dakota suit which also affects Shakopee. Zorn/Sweeney moved to direct staff to obtain suggestions from Perkins Coie regarding items to address in the South Dakota case, and to forward this to the South Dakota Attorney General in order to assist them in their case. Motion carried unanimously. Sweeney/Zorn moved to adjourn to Tuesday, June 18, 1996 at 7:00 P.M. Motion carried unanimously. Meeting adjourned at 4:52 P.M. I • I c ( )C u-Cl t,tGt - ' ud' h S. Cox, City lerk !R ording Secretary 7 TO: Barry Stock, Acting City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: June 13, 1996 Introduction and Background Attached is a print out showing the division budget status for 1996 based on data entered as of 6/12/96 . Also attached is a regular council bill list for invoices processed to date for council approval . In the bill list are checks to Jackson Township in the amount of $780 .08 for tax sharing under the annexation agreement which runs through 1999, FMG in the amount of $156, 858 .47 for remittance of TIF under the developers agreement and ISD 720 in the amount of $113,402 . 98 for TIF collected under the referendum levy. 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 $509 . 88 . Action Requested Move to approve the bills in the amount of $975, 715 .11 . , CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 06/13/96 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED ::::::::::::::::::::: 11 MAYOR & COUNCIL 83,090 87 21,860 26 12 CITY ADMINISTRATOR 215,490 23,163 98,137 46 13 CITY CLERK 132,040 3,233 48,572 37 15 FINANCE 307,410 3,212 105,955 34 16 LEGAL COUNSEL 260,030 13,843 77,969 30 17 PLANNING 457,930 801 103,468 23 18 GENERAL GOVERNMENT BUILDINGS 132,510 5,171 53,942 41 31 POLICE 1,588,500 6,148 635,860 40 32 FIRE 418,670 2,551 137,639 33 33 INSPECTION-BLDG-PLMBG-HTG 228,930 1,882 78,956 34 41 ENGINEERING 407,760 1,770 135,524 33 42 STREET MAINTENANCE 775,720 3,433 221,263 29 44 SHOP 116,650 1,265 38,109 33 46 PARK MAINTENANCE 304,660 5,318 104,321 34 91 UNALLOCATED 436,340 1,052 260,528 60 TOTAL GENERAL FUND 5,865,730 72,928 2,122,102 36 sass 17 PLANNING 463,400 245 149,982 32 TOTAL TRANSIT 463,400 245 149,982 32 H w A , rn RS al •as a a a a a ==xxxxxxxx x x x x x xxxxxxxx HH E H H H H 0000000000 0 0 0 0 0 00000000 E C4 W 0W cu 0 Z 0 Z W LD LO U a%CA H LO LO N U1 l0 N co MMMMMMMMMM tll V' MMMMMMMM O 00 co N N N N 141 LntntllUtLnUILIIUlUI 1.0 lD on NNNr-NNNr- > a0 0 N H H H H Ul un un Ul u1 un on 411 U1 U1 V' N m in er Tr V•V'V V'V'V' z Nb 0 U1 U1 U1 U1 NNNNNNNNNN N N 0 N NNNNNNNN H H ri 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cti L11 0 M 0 0 0 0 0 0 0 0 U1 U1 O O O O O 0 00 0 0 0 0 00 0 0 V H 0 M 0 0 0 0 00 0 0 Ln 0 O l0 l0 N l0 ri ri ri ri r1 ri ri ri ri ri 0 O O O O 0 0 0 0 0 0 0 0 E COM M N N N N NNNNNNNNNN H 01 H H 01 MMMMMMMM Za Mtn 0 H H H H MMMMMMMMMM N V' M w M NNNNNNNN M W V'M H N N N N V V'V'V'd•V'V'V'V'V' V' V' V' V' V' V'V'V'V'1":1":11 d'V' OOLI 1 I I I I 1111IIIII I I I iiiiiiii U E H O H N N N N ri ri ri ri ri ri ri ri ri ri ri ri a1 ri ri ri N M V'ri ri ri ri O'.7 ri ri O ri ri ri ri UlriN NM ML-Ln N l0 U1 ri M M ri CO CO CO CO N ri N CO 4 Z Cs Cs 0 01 Cl a1 01 P M M V•M ri ri ri ri ri N 01 V• H ri ri ri ri ri V M M ri O 01 a1 O O O O 0 0 0 0 0 0 0 00 O 0 O Cl O O 0 0 0 0 0 0 0 0 z H z A H Z a a a a w Z Cl) rsa 4 4 a Q Cl) H \ 0C7 m W >i >+ 0:1 >+ W > a H C4 43 C7 4 a 4 a H a 0 a �x'a a a >4a a fil Cl) 0 HHHHHHHH H 04: x WW Cu al Cl. 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N N N. CO CO a H 3t 4:k = 34 Yt it 3t 3t 1t 3t 1* it 4t 2t 7t 3t = 0 Z 000000000 A A A A A A Z Z Z Z Z Z Z Z Z Z Z ZZZZZ O ] A A A A A A A A A A A A A A A A O a Cr., a a.. a a w w Cr. w ri. ri. w ca, ri. w w 8 RESOLUTION NO. 4449 A RESOLUTION OF APPRECIATION TO THE CITY ADMINISTRATOR SEARCH COMMITTEE WHEREAS, the Shakopee City Council authorized the appointment of local citizens to serve on a committee to search for candidates to fill the vacant city administrator position; and WHEREAS, Aggie Unze, Virgil Mears, Richard Mertz, and Joe Ries were selected to serve on the City Administrator Search Committee; and WHEREAS, the members of the City Administrator Search Committee met on numerous occasions to fulfill the many tasks associated with the recruitment of a city administrator; and WHEREAS, the Committee has presented to the City Council the names of the final candidates to interview and from which to select a city administrator; and WHEREAS, the members of the City Administrator Search Committee have given of their time and talents and have represented their community in a professional manner while completing their charge from the City Council. NOW THEREFORE BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, hereby expresses its thanks and appreciation to Ms. Aggie Unze, Mr. Virgil Mears, Mr. Richard Mertz, and Mr. Joe Ries for their time, interest and professionalism in selecting finalists for consideration by the City Council to fill the city administrator position. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. t e City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney j 94 TO: Barry Stock, Acting City Administrator FROM: Gregg Voxland, Finance Director SUBJ: 1995 Auditor' s Report DATE: June 14, 1996 Enclosed is a copy of the 1995 Comprehensive Annual Financial Report for the City of Shakopee that is prepared by city staff. There is a great deal of information in the report and some of it is summarized the letter in the introductory part of the report. The report is laid out so that the summarized data is on pages one through eight with the accompanying notes immediately following. More detailed financial data comes after the notes. Staff normally does not make a presentation to Council at a meeting because the information is in the written report. If council members have questions, please feel free to call or meet with me to review the report. Council has retained the firm of Deloitte & Touche LLP. to audit the city's financial records and make a report to council. Enclosed is a communication from the auditors. Their opinion on the report is page XIII and their compliance report is page 124 of the report. At the council meeting of June 18, 1996, the auditors will present their report to council. It is expected that Cliff Hoffman - Partner, Barbara Diekmann - Manager and Michelle Henrichs - Audit Senior will make the presentation. is\finance\docs\gregg\audit696 Deloitte & Touche LLP /\ 400 One Financial Plaza 120 South Sixth Street Telephone:(612)397-4000 Facsimile:(612)397-4350 Minneapolis,Minnesota 55402-1844 May 3, 1996 Honorable Mayor and Members of the City Council The City of Shakopee,Minnesota To the Honorable Mayor of Shakopee and City Council Members: We have audited the general purpose financial statements of the City of Shakopee,Minnesota(the City) for the year ended December 31, 1995 and have issued our report thereon dated May 3, 1996. Our professional standards require that we communicate with you concerning certain matters that may be of interest to you in fulfilling your obligation to oversee the financial reporting and disclosure process for which management of the City is responsible. We have prepared the following comments to assist the Mayor and City Council in fulfilling that obligation. Our Responsibility under Generally Accepted Auditing Standards: Our responsibility under generally accepted auditing standards and Government Auditing Standards,issued by the Comptroller General of the United States,has been described to you in our engagement letter dated August 11, 1995. As described in such letter,those standards require that we plan and perform the audit to obtain reasonable, rather than absolute,assurance about whether the general purpose financial statements are free of material misstatement. Those standards also require that we obtain an understanding of the City's internal control structure sufficient to enable us to properly plan our audit. We have previously issued a separate report to you, also dated May 3, 1996, containing our comments on the internal control structure. Significant Accounting Policies: The City's significant accounting policies are disclosed in the notes to the general purpose financial statements. There were no significant changes in these policies during 1995. Management Judgments and Accounting Estimates: Accounting estimates are an integral part of the financial statements prepared by management and are based upon management's current judgments. Those judgments are normally based on knowledge and experience about past and current events and assumptions about future events. All of the significant management judgments and accounting estimates in the 1995 general purpose financial statements were normal and recurring and were determined on a basis consistent with that used in prior years. Other Information in the Annual Report: When audited financial statements are included in documents containing other information, such as the City's Comprehensive Annual Financial Report, generally accepted auditing standards require that we read such other information and consider whether it, or the manner of its presentation, is materially inconsistent with the DeloitteTouche Tohmatsu International I Honorable Mayor and Members of the City Council The City of Shakopee,Minnesota May 3, 1996 Page 2 information, or the manner of its presentation,in the general purpose financial statements audited by us. We have read the other information in the City's Comprehensive Annual Financial Report and have inquired as to the methods of measurement and presentation of such information. If we had noted a material inconsistency, or if we had obtained any knowledge of a material misstatement of fact in the other information,we would have discussed this matter with management and,if appropriate,with the Mayor and City Council. Disagreements with Management: We had no disagreements with management regarding the application of accounting principles, the basis for management's judgments about accounting estimates,the scope of our audit,disclosures to be included in the general purpose financial statements, or the wording of our report on the 1995 general purpose financial statements. Consultation with other Accountants: Management informed us that there were no consultations with other independent public accountants regarding accounting or auditing matters during 1995. Major Issues Discussed with Management Prior to Retention: We discussed no major accounting or auditing issues with management in connection with our engagement as the City's auditors in 1995. Difficulties Encountered in Performing the Audit: We experienced no difficulties in dealing with management relating to the performance of our audit. We received the full cooperation of management and staff. Our audit scope was essentially the same as reviewed with you in our August 11, 1995 engagement letter. We believe that we have direct and unrestricted access to the City's senior management and to the Mayor and City Council. * * * * * This report is intended solely for the use of the Mayor and City Council and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which,upon acceptance by the City,is a matter of public record. We will be pleased to further discuss this report with you at your convenience. Yours truly, Z1fi Deloitte & Touche LLP /\ 400 One Financial Plaza 120 South Sixth Street Telephone:(612)397-4000 Facsimile: (612)397-4450 Minneapolis, Minnesota 55402-1844 May 3, 1996 The Honorable Mayor and Members of the City Council Shakopee,Minnesota To the Honorable Mayor of Shakopee and City Council Members: In planning and performing our audit of the general purpose financial statements of the City of Shakopee, Minnesota(the City)for the year ended December 31, 1995 (on which we have issued our report dated May 3, 1996), we considered its internal control structure in order to determine our auditing procedures for the purpose of expressing an opinion on the general purpose financial statements, and not to provide assurance on the internal control structure. In connection therewith,we submit this report containing our comments, observations,and recommendations concerning reportable conditions and administrative and operating matters which resulted from our audit of the City's 1995 general purpose financial statements. Our observations and recommendations are presented under the following main captions: Section I - Independent Auditors'Report on the Internal Control Structure Based on the Audit of the Financial Statements Section II - Current-Year Administrative and Operating Matters Section III- Follow-up on Prior-Year Administrative and Operating Matters This report is intended solely for the information of the Mayor and City Council members,management,and others within the City. This restriction is not intended to limit the distribution of this report, which is a matter of public record. * * * * * We will be pleased to discuss these recommendations with you and,if desired, to assist you in implementing any of them. Yours truly, / �.0 Sis-a. L-Le DeloitteTouche Tohmatsu International Deloitte & SECTION Touche LLP /\ 400 One Financial Plaza 120 South Sixth Street Telephone:(612)397-4000 Facsimile: (612)397-4450 Minneapolis, Minnesota 55402-1844 INDEPENDENT AUDITORS' REPORT ON THE INTERNAL CONTROL STRUCTURE BASED ON THE AUDIT OF THE FINANCIAL STATEMENTS The Honorable Mayor and Members of the City Council Shakopee,Minnesota We have audited the general purpose financial statements of the City of Shakopee,Minnesota(the City)as of and for the year ended December 31, 1995 and have issued our report thereon dated May 3, 1996. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. The management of the City is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility,estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable,but not absolute,assurance that assets are safeguarded against loss from unauthorized use or disposition and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. In planning and performing our audit of the general purpose financial statements of the City for the year ended December 31, 1995,we obtained an understanding of the internal control structure. With respect to the internal control structure we obtained an understanding of the design of relevant policies and procedures and whether they have been placed in operation,and we assessed control risk in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on the internal control structure. Accordingly,we do not express such an opinion. DeloitteTouche Tohmatsu International 2 Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. A material weakness is a reportable condition in which the design or operation of one or more of the specific internal control structure elements does not reduce to a relatively low level the risk that errors or irregularities in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and its operation that we consider to be material weaknesses as defined above. This report is intended for the information of the Mayor and City Council members,management,and others within the City,and officials of applicable state agencies. However,this report is a matter of public record and its distribution is not limited. May 3, 1996 3 SECTION II CURRENT-YEAR ADMINISTRATIVE AND OPERATING MATTERS Conflicts of Interest: Observation: During our audit procedures,we learned that an incident occurred subsequent to December 31, 1995 in which a Council member participated in discussion regarding an ordinance with which the Council member had a potential conflict of interest. The potential conflict was identified by the City's attorney prior to voting on the issue. Upon further inquiry of City personnel,we learned that the Housing Redevelopment Authority(HRA) had a resolution requiring specific disclosure of all real estate in which the HRA Board(who were also members of the City Council)had an interest. Although this listing was primarily for public information,it also served as a visual and ongoing reminder to Council members during the year. During 1995,the City dissolved the HRA to establish the Economic Development Authority(EDA)and the original policy was not reestablished. Recommendation: To avoid a situation where a potential conflict of interest,or appearance thereof,could occur,we recommend that the EDA as well as the City develop a policy and related procedures regarding conflicts of interest. We suggest the City conduct an educational update for Council members to be held annually to refresh awareness of this issue. In addition,the City Council should consider adopting a resolution relating to disclosure of all real estate and business interests which could indicate a potential conflict. Such a disclosure is typically made by other metropolitan cities on an annual basis for each Council member for use by the City and Council. These actions will facilitate effective communication and education among the City Council members to identify and monitor potential conflicts of interest. Accounts Receivable-Shakopee Public Utilities Commission: Observation: The City bills Shakopee Public Utilities Commission(SPUC)for its share of street and sewer construction projects undertaken by the City (i.e.,watermain)at the end of a project. As construction projects can span over a number of years,the City is often not receiving payment until years after work is completed. Recommendation: It would be advantageous to the City to bill SPUC for its portion of construction costs based on the percentage-of-completion method. By receiving SPUC payments as expenditures are being made,the City can better manage the costs related to the construction project while earning interest on monies received. In addition,we noted a receivable for approximately$300,000 from 1994 which was unpaid at December 31, 1995. The City should actively pursue payments of SPUC receivables. 4 Journal Entries: Observation: During our audit,we noted that the City does not have formal review procedures for the processing of journal entries. Currently,journal entries are initiated by the City Finance Director,Senior Accounting Clerk,or Accountant and are processed through the general ledger system as completed. There is no requirement that the entries be reviewed prior to processing. As the City continues to grow and the accounting system becomes more complex,the potential for errors,clerical and otherwise,increases. As such,more formalized procedures over the processing of journal entries become important to mitigate these risks. Recommendation: We recommend that the City develop formal review procedures for the processing of journal entries. To facilitate the review,each journal entry should include a description of the entry,the date prepared,and the preparer's signature. The reviewer should review and sign each journal entry prior to its entry in the general ledger system. Consistent use of these procedures will help ensure that an entry is recorded to the appropriate accounts and at the correct amount. Such procedures will also provide an increased understanding of the various journal entries required each period. As the City's accounting system and the transactions it processes continue to become more complex,these procedures will create an environment where system awareness and early detection of errors are facilitated. Disposal of Fixed Assets: Observation: During our testing of fixed assets,we noted that the City sold a parcel of land during 1995 in satisfaction of a debt obligation to the Metropolitan Council. The debt was properly removed from the Long-Term Debt Account Group at the time of the land sale and remittance of funds to the Metropolitan Council; however,the property sold was not removed from the General Fixed Asset Account Group(GFAAG). The property sold was subsequently identified and removed from the GFAAG to properly reflect the City's financial position at December 31, 1995. Recommendation: We recommend that the City develop a written procedure for the disposal of fixed assets. This policy should include the identification and write-off of assets at the time of sale and disposal. 5 • SECTION III FOLLOW-UP ON PRIOR-YEAR ADMINISTRATIVE AND OPERATING MATTERS Securities and Exchange Commission View on Disclosures by Municipal Security Issuers: This informational comment related to issuance of Financial Reporting Release(FRR)42,Statement of the Commission Regarding Disclosure Obligations of Municipal Securities and Others. FRR 42 provides the SEC's views with respect to disclosure obligations of participants in the municipal securities markets under the antifraud provisions of the federal securities laws. Investment Policy: In 1994,we recommended that the City review their current investment policy and ascertain whether the use of derivative investments should be restricted. During 1995,the City amended the investment policy to prohibit investment in derivative securities. In 1996, the City amended the investment policy to follow the Government Finance Officers' Association's guidelines,which resulted in a very detailed policy. Civic Center Construction: During 1995,the City underwent the process of building a new civic center near the high school. The project included an ice sheet,two gymnasiums,a wrestling and gymnastics area,and associated spaces. Our recommendation suggested that the City monitor the construction of the facility to avoid overages and structure fees. The project was completed within budget and the City has established an enterprise fund to account for Civic Center operations. The City should continue to monitor fees with costs incurred as the Civic Center begins its first year of operation. Refuse Collection: During 1994,the Refuse Collection Enterprise Fund experienced an operating loss of approximately$13,000. During 1993 and 1992,when the operations were included within the general fund of the City, operations broke even since it was the City's intent to try to cover its costs and not to provide a profit to the City. We recommended that the City monitor these services to ensure that the costs are covered.The City experienced an operating loss of$430 in 1995 and has adopted a net increase of$.25 in rates for 1996. State of Minnesota Property Tax Initiatives: This comment related to the State of Minnesota's property tax initiatives. As suggested,the City is continuing to monitor the State's initiatives and the City's revenues and expenses to ensure the needs of the City are met in the future. Accounts Receivable -Shakopee Public Utilities Commission: Comment repeated in the current year. 6 Long-Term Disability Insurance: Federal income tax rules provide that if an employer pays the premium for disability insurance as a tax-free benefit for an employee,the disability payments received by a disabled employee are taxable. Conversely,if the employee has such premiums included within their respective taxable income,the employee,if disabled, would receive benefits without paying income taxes. The City's employees currently are not taxed. We recommended that the City change its program for disability insurance and include the premium paid within the employees' taxable income. The City will be addressing this issue in 1997 when requesting proposals for the 1998 insurance contracts. Fixed Asset Capitalization Policy: In 1994,we recommended that the City consider increasing their threshold limits for capitalization from$500 to$2,000. This would help alleviate the record-keeping time required for maintaining detailed fixed asset records for less significant items. The City increased the threshold for capitalization to$2,000 during 1995. 7 I I 1 CITY OF SHAKOPEE City Council Presentation June 18, 1996 1 I 1 I I I 1 I Presented by: Cliff Hoffman, Partner 1 CITY OF SHAKOPEE Operating Fund Status December 31, 1995 Special General Revenue Enterprise Fund Funds Funds Total Fund balance/retained earnings at December 31, 1995 $ 3,278,127 $ 350,404 $43,056,507 $46,685,038 Less: Reserved/designated (617,076) (350,404) (1,929,482) (2,896,962) Property, net (36,527,124) (36,527,124)) I Liquid fund balance/ retained earnings at December 31, 1995 2,661,051 4,599,901 7,260,952 r Fund balance/ retained earnings at December 31, 1994 2,227,747 301,420 33,015,509 35,544,676 I Less: Reserved/designated (650,000) (301,420) (1,657,064) (2,608,484) Property, net (26,386,286) (26,386,286) I Liquid fund balance/ retained earnings at December 31, 1994 1,577,747 - 4,972,159 6,549,906 increase (decrease) 1,083,304 $ - $ 372,258 $ 711,046 Net $ ( ) 1 I I I1 I CITY OF SHAKOPEE Unreserved General Fund Balance Compared to Annual Expenditures Unreserved/ Next Year Percentage IYear Ending Undesignated Annual of December 31 Fund Balance Expenditures Expenditures 1992 $ 1,728,000 $ 5,168,000 33.4% 1993 1,566,000 5,370,000 29.2 1 1994 1,578,000 5,270,000 29.9 1995 2,661,000 5,615,000(1) 47.4 I (1) 1996 Budgeted expenditures t U I I I I I I 1 2 I� ' CITY OF SHAKOPEE General Fund Revenues and Expenditures Year Ended December 31, 1995 Actual Over (Under) Budget Actual Budget Revenues $ 5,106,664 $ 5,657,429 $ 550,765 Expenditures 5,730,365 5,269,910 (460,455) Excess (deficiency) of revenues I over expenditures (623,701) 387,519 1,011,220 Other financing sources 527,413 662,861 135,448 Excess (deficiency) of revenues and other financing sources over expenditures $ (96,288) $ 1,050,380 $ 1,146,668 I I I I I 1 I 1 3 I ' CITY OF SHAKOPEE General Fund Revenues (000's) 60%-Z / I 50% I 40%-Z 1 30%-7 20%-Z 10%-Z � f 0% 1994 1995 1996 (Budget) ❑Taxes 0 Fines, Forfeits, Licenses, Permits i ❑ Intergovernmental 0 Miscellaneous 0 Charges for Services Revenues 1994 $5,239,103 1995 5,657,429 1996 Budget 4,936,154 f 1 4 I I CITY OF SHAKOPEE General Fund Expenditures 1 (000's) I 45% /2 I 40% 0 11, I 35% 0 • I 30% 0 AM— I 25% 0 4111 I 20% - IAdll 1 I 15% ' IJ 10% 5% 'Ai 0 l" I 1994 1995 1996 (Budget) 1 0 Public Safety 0 Recreation 0 General Government 0 Public Works and Miscellaneous IExpenditures 1994 $5,370,060 I 1995 5,269,910 1996 Budget 5,614,390 I 1 5 I 1 CITY OF SHAKOPEE General Fund Revenues/Expenditures IPer Household I 1 ,220-7- 1,214 I 1 ,200-7-- , 1 ,180-7 1 ,160 I 1 ,160 ' 1 ,140_7 1 ,13 1 ,129 I / / / / 1 ,120-7-- _ I 1 ,102 1 ,100.7- / 1 ,081 —I 1 ,080--" r V"--- I 1 ,060 1 1 ,040-v I 1 ,020 I 1 ,000 / 1993 1994 1995 INumber of Households 4,559 4,775 4,877 I ❑ Revenues 0 Expenditures INote: Graph excludes other financing sources (uses) I 1 6 CITY OF SHAKOPEE Productivity Measures 1995 1994 1993 I A. Population 13,217 13,041 12,732 I B. Number of households 4,877(1) 4,755 4,559 C. Number of full-time employees (excluding enterprise funds) 71 66 64 I D. Population per employee 186 198 199 E. Households per employee 69 72 71 (1) Estimate from City Planning Department I I I I I I I r CITY OF SHAKOPEE Enterprise Funds Performance 1995 1994 1993 ' Operating income (loss): 1 Electric (SPUC) $ 1,150,000 $ 1,080,000 $ 685,000 a Water (SPUC) 358,000 242,000 153,000 1111 Sewer 605,000 109,000 (162,000) Storm Drainage 103,000 5,000 Refuse collection (13,000) Recreation (20,000) Total $ 2,196,000 $ 1,423,000 $ 676,000 I I I i i 1 1 1 8 I I CITY OF SHAKOPEE Selected Performance Ratios I December 31, 1995 I Shakopee Excluding Overlapping National I Debt Median* I I. DEBT MEDIANS: Net debt per capita $1,194 $704 Net debt per capita - excluding revenue bonds 728 - IRatio of net debt to estimated full value 2.7% 1.5% I II. ENTERPRISE MEDIANS - Operating Profit: 1 Water 63.2 38.8 Sewer 35.9 39.9 Water and sewer 44.2 34.8 I Electric 16.1 11.1 Storm drainage 64.0 N/A I Refuse collection - N/A Recreation (27.6) N/A I *Per 1996 Moody's Selected Indicators of Municipal Performance I I I I I I 1 9 I CITY OF SHAKOPEE Performance Definitions I. DEBT MEDIANS: Gross bonded Debt service Net debt per capita = debt - funds on hand Estimated population Ratio of net debt to — Gross bonded - Debt service estimated full value debt funds on hand Estimated market value II. ENTERPRISE MEDIANS - Operating ratio = 1 - Operating expenses (without depreciation) Operating revenues I I I I I I I10 I I CITY OF SHAKOPEE December 31, 1995 Cash and Accumulated Surplus Investments Property Depreciation Net (Deficit) 1 (1) (at Cost) (2) Property (1) -(2) I Electric $ 5,469,766 $ 8,425,225 $ 2,781,933 $ 5,643,292 $ 2,687,833 Water utility 2,516,897 9,409,580 2,679,649 6,729,931 (162,752) 1 Sanitary sewer Iutility 2,937,817 8,066,310 1,103,858 6,962,452 1,833,959 Storm drainage I utility 1,740,198 14,325,346 2,037,177 12,288,169 (296,979) Recreation 48 4,903,280 4,903,280 48 I Refuse 7,743 7,743 I Equipment 1,848,735 3,287,161 952,639 2,334,522 896,096 $ 14,521,204 $ 48,416,902 $ 9,555,256 $ 38,861,646 $ 4,965,948 I ' (1) Includes restricted cash and investments. I I I I I 1 I11 I I CITY OF SHAKOPEE National General Obligation Bond Ratings I I Aaa 3% I Aal 2% I Aa 15% 1Al r, 18% IA - (City of Shakopee) 33% I -) I Baal 13% I -) Baa 14 /o Bal and Below 2% I J 0% 5% 10% 15% 20% 25% 30% 35% I 1 Per March 1996 report obtained from Moody's Investor Service. I I 1 I12 I I CITY OF SHAKOPEE Debt Service Schedule (Excluding Revenue Bonds) I (Principal and Interest) I 1 3,000,000 1 2,500,000 11111 II 2,000,000 1,500,000 4 I 1 1,000,000 ;'; I0500,000 in I I 61 I 0I / A f IIII I I'i/ I . Air 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 1 0 General Obligation Bonds 0 Tax Increment Bonds I I I I13 1 ' CITY OF SHAKOPEE Management Practices to Avoid ' • Using reserves to balance the budget 1 • Using short-term borrowings to balance the budget • Using internal borrowing (long-term) to balance the budget • Selling assets to balance the budget • Using one-time accounting charges to balance the budget • Deferring pension and employee benefit obligations • Not costing out nonsalaryemployee benefits 1 • Ignoring full-life costs of capital assets 1 • Deferring maintenance expenditures 1 1 i 1 1 1 i 1 14 1 1 1 1 1 1 1 1 1 1 1 ' CITY OF SHAKOPEE ' Competitive Advantages • Strong bond ratios • Written investment policy ' • Low number of city employees ees em to per household ' • State and federal revenues are only 17% of the 1996 budget - the 1995 metro average was 18% and non-metro average was 32% • Strong enterprise fund performance - users being charged to maintain system • Cityis growingand has room for significant growth • No post-employment health care benefits ' Challenges • Revenue from state and federal sources was $779,000 in 1995 • City needs to provide the infrastructure for growth 1 1 1 1 1 i 1 15 (". 1J2/.err-oteJ, an .t) . COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE CITY OF SHAKOPEE MINNESOTA FOR THE FISCAL YEAR ENDED DECEMBER 31, 1995 DEPARTMENT OF FINANCE Gregg M. Voxland, Director of Finance Member of Government Finance Officer's Association of the United States and Canada 129 Holmes Street South cb June 6, 1996 Shakopee City Council c/o Barry Stock 129 S Holmes Shakopee, MN 55379 Shakopee City Council, In preparation of a lease agreement for space at 137 East First Avenue, The Shakopee Community Arts Council (SCAC) agreed to provide insurance for the use of said property. With the cost of such insurance to be $750 or more, these terms are prohibitive to our organization's advancement. Therefore, SCAC requests City Council waive this requirement from the lease agreement; and allow the organization to occupy the space under the protection of the City's insurance policy. Sincerely, Pe"-- cP0') Steven Anthony Smith President, The Shakopee Community Arts Council Sic June 2 , 1996 Jeffrey M. Henderson, Mayor City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1351 Dear Mayor Henderson: I would like to thank you and the City Council for the opportunity to discuss my experience and how it relates to your needs in a City Administrator. Your concern for the future of the City was shown in the questions posed to the candidates . They were thorough, thought-provoking and well stated. I believe the residents of Shakopee have been well-served by the way in which you conducted both the selection committee screening process and the Council interviews . Si ce. - 1y, )0000, .. John A. 01 on O6/14/96 15:54 FAEGRE AND BENSON - 94456718 NO.856 D02 FAEGRE & BENSON / d PROPISIIONAL LttetTEO LtABILtTT PARTK R$NtP uoo NORWEST CENTER,90 Sovsx SEVENTH STxebT MisN.EATvuS,MINNESOTA 53402-390I YTAEPHONI 612.936-3000 FMCRMtLE 5'&336-3086 ALIxaNuut C INaw 612/316.330 June 14, 1996 Mayor of the City of Shakopee City Council of Shakopee do Judy Cox, City Clerk City Hall 129 Holmes Street Shakopee,MN 55379 Dear Mayor and Council Members: Enclosed please find a proposed Watermain Easement and Agreement ("Easement")to be entered into by St. Francis Regional Medical Center, Health Dimensions, Inc., Park Nicollet Clinic, Shakopee Public Utilities Commission ("SPUC"), and the City of Shakopee(the"City") The Easement is being entered into pursuant to the agreement between St. Francis, SPUC and the City dated February 14, 1995, which called for the construction of a watermain loop around the medical campus The watermain construction is now completed, and the enclosed Easement is intended to satisfy the terms of that prior agreement by granting an easement in favor of the City and ownership of the watermain loop to SPUC. We respectfully request that the City approve this Easement and authorize the appropriate City officials to execute this Easement conditioned upon final approval of the Easement by the City Attorney. Thank you for your consideration. cerely: lYt)-3 Alexander G. Tselos AGT:agt Enclosures cc: John R, Wheaton (w/o enc.) Brian Weinreis(w/o enc.) M1:oI47ogtiol Minneapolis Dealer Des Moines listkiagtott,D.C. London Frep&/nrt Abnaty 06/14/96 15:55 FAEGRE AND BENSON -> 94456718 NO.856 903 06/14/96 WATERMAIN EASEMENT AND AGREEMENT This Watermain Easement and Agreement(this"Agreement")is made and entered into as of the day of , 1996, by and between St. Francis Regional Medical Center, a Minnesota non-profit corporation("SFRMC"), Health Dimensions,Inc., a Delaware corporation("HDI"),Park Nicollet Clinic,a Minnesota non-profit business trust ("PNC"),the Shakopee Public Utilities Commission, a public body under the laws of Minnesota("SPUC"),and the City of Shakopee, a municipal corporation under the laws of the State of Minnesota(the"City"). RECITALS A. SFRMC, SPUC,and the City entered into an Agreement dated February 14, 1995 (the"Watennain Construction Agreement")for construction of a watermain loop around and across real property situated in Scott County and more particularly described on Exhibit A attached hereto (the"Property"). B. Pursuant to the Watermain Construction Agreement, SFRMC has constructed said watermain loop, C. SFRMC,HDI, and PNC are the owners of the various parcels of real property which together constitute the Property(SFRMC,HDI and PNC and each of their respective successors and assigns are referred to herein individually as an"Owner",and collectively, as"Owners"). D. Under the terms of the Waterman'Construction Agreement the City is entitled to receive an easement over that portion of the Property where the watermain is located, and the Owners wish hereby to grant to the City such an easement. NOW,THEREFORE, in consideration of the foregoing, and of One Dollar ($1.00)and other good and valuable consideration, Owners, SPUC,and the City agree as follows: 1 Grant of Easement. (a) Each Owner hereby declares,grants, quit claims and conveys to the City, upon and subject to the terms and conditions hereinafter set forth, a non-exclusive, subsurface easement for water main purposes(the"Easement")over and across that portion of the Property owned by it in the County of Scott, State of Minnesota,legally described in Exhibit B attached hereto and made a part hereof(the"Easement Area"). 06/14/96 15:55 FAEGRE AND BENSON -0 94456718 NO.856 D04 (b) The Easement shall be used for the maintenance,passage,use, flow, repair, operation, and connection by the City(and SPUC)of subsurface water mains and related equipment. (c) Without limiting the foregoing, no building or other permanent improvement may be constructed,placed or maintained by the City(or SPUC)on or above the surface of the Easement Area other than for hydrants and valve boxes. 2. Rights of Owners. Except for the rights expressly granted to the City(and SPUC)under paragraph 1, above, all rights in and to the Easement Area are hereby reserved to each Owner with respect to the Easement Area held in fee by said Owner, and each Owner may use said Easement Area held for all uses and purposes not inconsistent with the rights expressly granted to the City(and SPUC). 3. Conveyance of Watermain.Repair and Maintenance. (a) Owners hereby grant and convey to the SPUC the watermain loop including all pipes,fining,valves and related equipment lying within the Easement Area, (collectively,the"Watermain"). (b) All maintenance, repair and replacement for the Watermain shall be paid for and performed by SPUC without contribution from the Owners. Following such maintenance,repair and replacement, SPUC will restore all paving, sidewalks, landscaping and other areas to their former condition. In the event SPUC shall fail to perform any maintenance,repair or other work under this Section 3 which is required in order to keep the Watermain in good condition and in compliance with applicable law,then any Owner may give written notice to the SPUC specifying the required maintenance and repairs. If the SPUC does not commence the required repairs or maintenance within twenty(20) days after such notice,and complete the maintenance or repairs within a reasonable time thereafter, each Owner shall have the right, but not the obligation,to perform such maintenance and repairs on that portion of the Property owned by such Owner as it deems reasonable and necessary. SPUC shall, upon written demand,reimburse the Owners for the reasonable costs of such maintenance and repairs. The written demand for payment shall include a statement of costs and evidence thereof in reasonable detail. (c) Each Owner will maintain the surface of the Easement Area in accordance with the applicable maintenance standards with respect to the property held in fee by said Owner. 4. Relocation. Each Owner may relocate that portion of the Easement Area (including the Watermain within said area)crossing the property of said Owner in accordance -2- 06/14/96 15:55 FAEGRE AND BENSON -0 94456718 NO.856 D05 with the provisions of this Section 4 (such party desiring to relocate the Easement Area, the "Relocating Owner"): (a) The Relocating Owner shall notify the City and the SPUC of its intent so to relocate the Easement,which notice shall be given at least thirty(30)days prior to commencement of such relocation work, shall contain the date for commencement and completion of the work and state the reason for such relocation,and shall be accompanied by a drawing showing the proposed new Easement Area and the depth of the Watermain. At the option of the City or SPUC,the relocation work may be performed by the City and/or SPIJC,with the reasonable cost thereof charged back to the Relocating Owner, provided that the City and SPUC agree to perform such relocation on the schedule specified in the notice sent by the Relocating Owner under this paragraph 4(a). (b) Such relocation may not be made if the same would (i)result in a violation of any applicable law, ordinance or regulation, (ii)result in the interruption of utility service to any other party served by the Watermain unless arrangements satisfactory to such other party are made to provide temporary or alternate service to avoid any such interruption,or(iii)either materially increase the cost of, or materially diminish or overburden the capacity of,the Watermain. (c) Such relocation shall be prosecuted diligently to completion and shalt at all times be conducted in a safe and workmanlike manner and in accordance with all applicable legal requirements. (d) Following such relocation,the Relocating Owner shall promptly restore all paving, sidewalks, landscaping and other areas disturbed by such relocation to their former condition. (e) All costs and expenses of any relocation,including without limitation the items set forth in this Section 4, shall be paid by the Relocating Owner. (f) Concurrently with fulfillment of Sections(a)through(e),the Easement shall extend to and cover that portion of the Property to which the Waterrnain has been so relocated and continue to cover that portion of the Easement Area as to which the Watermain has not been so relocated, and the Easement over that portion of the Easement Area which no longer includes any portion of the Waterrnain shall terminate, in each case without further act, but each party hereto covenants and agrees, for itself and its successors and assigns,that it will,upon request of the other,join with the other parties in the execution of recordable evidence of such relocation and termination. -3- 06/14/96 15:56 FAEGRE AND BENSON - 94456718 NO.856 D06 (g) The initial grant of the Easement includes the Easement and the Easement Area as so relocated under this paragraph 4 and the Easement as so relocated shall have the same priority as the initial easement. 5. No Merger. Neither this Agreement nor the easement or other rights created herein shall terminate or merge by reason of common ownership of Lot 1, Lot 2, Lot 3, Lot 4, and Lot 5, or any combinations or portions of any thereof 6. Miscellaneous. (a) If this Agreement or any term of this Agreement or any application thereof shall be invalid or unenforceable,the remainder of this Agreement and any other application of such termination shall not be affected thereby. (b) The Easement Area, but not any other property,is hereby subjected to the provisions of this Agreement and shall hereafter be owned,occupied, leased, sold or otherwise transferred subject to and together with the covenants, easements and restrictions of this Agreement. All of the provisions hereof shall be deemed to be covenants, easements and restrictions running with the land and shall benefit and burden Owners, SPUC,the City,their respective successors and assigns. (c) Notwithstanding any provisions of this Agreement to the contrary, the public shall have no rights under this Agreement or to either enforce this Agreement or to enter upon or use the Easement Area (d) This Agreement may be executed in any number of counterparts, each of which is an original, but all of which constitute one instrument. IN WITNESS WHEREOF, Owners,the City and SPUC have duly executed this Easement and Agreement effective as of the date indicated above. /THIS SPACE LEFT BLANK INTENTIONALLY] -4- Siyfi9 E. . I') Al 0 QTS MOT flhTfJCIIZO 06/14/96 15:56 FAEGRE AND BENSON -0 94456718 NO.856 P07 [SFRMC SIGNATURE PAGE) ST. FRANCIS REGIONAL MEDICAL CENTER 3 (4 0 . rid .,,slur , Its STATE OF MINNESOTA ) } tr IACCOLO E NTIICOUNTY OFThe foregoing instrument was acknowleefore me this day of , 1996, by ,the ,of St. Francis Regional Medical Center, a Minneso o -profit corp ration, o of the corporation. Notary Public STATE O• ", E ) } ICIBEDGX COUNTY , ) el:\The foregoing instrument was acknowleore me this day of , 1996, by ,the ,of St Francis Regional Medical Center, a Minnesota non-profit corporation, on behalf of the corporation. a sm emir TO IA ftubllc -5- /lCC. Memo To: Barry Stock, Acting City Administrator From: Julie Baumann, Planner I i��� Meeting Date: June 18, 1996 re Re: Final Plat of Orchard Park 3rd Addition Discussion Laurent Builders, Inc. is requesting approval of the Final Plat for Orchard Park 3rd Addition. The subject site is located east of County Road 77 and north of the bypass. A copy of the June 6, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the Final Plat for Orchard Park 3rd Addition to the City Council. Alternatives 1. Approve the Final Plat of Orchard Park 3rd Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Orchard Park 3rd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Orchard Park 3rd 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 Orchard Park 3rd Addition, subject to conditions (Alternative No. 1). Action Requested Offer Resolution No. 4451, A Resolution Approving the Final Plat of Orchard Park 3rd Addition, and move its approval. i:\commdev\c61996\cc0618\fporpk3.doc RESOLUTION NO. 4451 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR ORCHARD PARK 3RD ADDITION WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Orchard Park 3rd Addition on June 6, 1996, and has recommended its approval; 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 Orchard Park 3rd Addition, described as: Outlot A, Orchard Park 2nd Addition, City of Shakopee, County of Scott, State of Minnesota is hereby approved subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) 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. v) Local streets within the plat shall be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. vi) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260 per sign pole (2 x $260 = $520.00). • vii) The applicant shall enter into an agreement regarding Park Dedication payments of$556.40 per residential lot. The park dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. viii) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. ix) VIP connection fees of$10,894.31 must be paid prior to the recording of the Final Plat. 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 . , 1996. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: • City Attorney a Memo To: Shakopee Plying Commission From: Julie Baum Planner I I Meeting Date: June 6, 19% Re: Final Plat of shard Park 3rd Addition Site Information: Applicant: Laurent Builders,Inc. Location: East of County Road 77 and north of the bypass Current Zoning: Urban Residential(R-1B) Adjacent Zoning: North: Urban Residential (R-1B) South: Medium Density Residential (R2) East: Urban Residential (R-1B) West: Urban Residential (R-IB) Comp. Plan: Draft 1995: Single Family Residential Area: 11.738 Acnes MUSA: The site is within the MUSA and can be served by municipal utilities Introduction Laurent Builders, Inc. is requesting approval of the Final Plat for Orchard Park 3rd Addition. The subject site is located east of County Road 77 and north of the bypass(See Exhibit A). Considerations The Preliminary Plat for Orchard Park was approved by the City Council on October 4, 1994. This phase of the development is composed of 11.738 acres of land and proposes 30 dwelling units for a gross density of 2.56 dwelling units per acre(Please see Exhibit B). The Preliminary Plat for Orchard Park, as approved, proposed 32 lots for this portion of the development (See Exhibit C). The Preliminary Plat also included different lot configurations than what is proposed in the Final Plat drawing. These revisions are a result of the roadway location of Orchard Parkway. This revised roadway location was reviewed by the Planning Commission at its April 4, 1996, meeting, and was found to be in substantial conformance with the Preliminary Plat. The City Engineer has commented that plans have not yet been received by city staff for street,sanitary sewer, or storm sewer construction. A condition has been added that these plans must be provided to the City Engineer prior to City Council approval. As proposed, the Final Plat indicates that Lots 6 and 10, Block 2 do not meet the 60 foot width requirement for lots in this Zoning District. However, it appears that there is sufficient frontage in other lots to provide the required frontage in all lots. A condition has been added requiring that a revised Final Plat drawing be submitted prior to City Council approval which provides all lots within the Final Plat with a 60 foot width. The signature block for the Planning Commission provides a signature line for the Planning Commission Chairman. Per Section 12.05,Subd. 1.E.4 of the Shakopee City Code,this signature line should be identified as Chair. A condition requiring this revision prior to City Council approval has been added. Minnegasco has commented that the utility easements along the southern boundary of Lots 1 through 7, Block 2, and the northern boundary of Lots 8 through 11, Block 2, shall be removed. Staff has reviewed this comment and feels it necessary to retain easements along these areas. There are existing assessments for the VIP Interceptor. Pending assessments also exist for the Fuller Street project. The property also has VIP connection fees which are due before the final plat is recorded. VIP connection fees total $10,894.31 for this phase of development. There are also levied assessments of $9,578.25 for the VIP extension. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee be collected in lieu of park land. Street signs will be constructed and installed by the City of Shakopee, at a cost to the developer. Two street signs will be required at a cost of$260 per sign, for at a total cost of$520.00 Alternatives 1. Recommend to the City Council approval of the Final Plat of Orchard Park 3rd 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. 1, to recommend to the City Council approval of the Final Plat of Orchard Park 3rd Addition, subject to the following conditions: 1. The following actions must be completed prior to City Council approval: a) The developer shall provide to the City Engineer the construction plans for street,. sanitary sewer, and storm sewer construction, prior to Final Plat approval by the City Council. b) A revised Final Plat drawing shall be provided with the following revisions: i) All lots must have a width of 60 feet. ii) The signature block for the Planning Commission shall be revised to read "Chair" rather than"Chairman". 2. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) 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. v) Local streets within the plat shall be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. vi) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260 per sign pole(2 x $260=$520.00). vii) The applicant shall enter into an agreement regarding Park Dedication payments of 5556.40 per residential lot. The park dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. viii) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. ix) VIP connection fees of$10,894.31 must be paid prior to the recording of the Final Plat. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Orchard Park 3rd Addition, subject to conditions and move its approval. i:\commdev\boaa-pct 1996\]une06pc1fporprk3.doc ...muutio- arr- � _ : iv�1!' �� _ X11 orie° .\-\ dt i-- d � � • E .Mbit ,.A. • �11a' rfad �1.'r- o�,od i • 1 s d � _- St Uigi ..t. 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I to Vi...�i� ... >" nx o N.M..Y• 1� t yy{ V l y. / �� r W '� Lawrw w.�w•�A Y•�a+lw ' 1 ! �—–1 r O {7 � ' v ay or-� Z --twr– �r-- a L " I \ 11 I :44 t . • v• p < Z...0 tor-- --gar--' r ci • o. :II 7r-I Ly I �, , I itt • 111 kik la so --mu-- 0 liC7..X.- 11 • 1 ! a r ~ �'1 I < �R0. _"t�(..m.�aarr�a�.. ` r lc 1. N 1 1 . • , N r— d • V r W1 . J. �-� , a "7RY`7r r$X x a .. 1%s • �! a O i § 4.. U 1 8 1 G�� r '+ „�:A.. ... gut . Yo. 1/M Wm-W. r I t ' i �\ NVl _ VO79dd i r44L �. I. r our-— M — ... �--,- r— M ! r �! 4 r a r , 1 . I l• r r ,-- r� -r 5 ,,, (0V w It 17N 1.ri .rr I ' tl1. II 0 . r 17p , �� p w-- 1 I r" k • 1 I ,♦ a rA N 01.);31.. ..44:f `L'9L0 ' Gy 0. I �.�. Q�0?I ��,unoo *s I1Sy So LI! ��::"----.._-7-1./iii r Is/. i/Jo Memo To: Barry Stock, Acting City Administrator From: Julie Baumann, Planner 19,10, Meeting Date: June 18, 1996 (• Re: Final Plat of Maple Trails 2nd Addition Discussion Harland Hohenstein is requesting approval of the Final Plat for Maple Trails 2nd Addition. The subject site is located south of Wood Duck Trail and east of County Road 17. (Marschall Road). A copy of the June 6, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the Final Plat to the City Council, subject to conditions. Alternatives 1. Approve the Final Plat of Maple Trails 2nd Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Maple Trails 2nd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Maple Trails 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 Maple Trails 2nd Addition, subject to conditions (Alternative No. 1). Action Requested Offer Resolution No. 4452, A Resolution Approving the Final Plat of Maple Trails 2nd Addition, and move its approval. i:\commdev\cc\1996\cc0618\fpmptr2.doc RESOLUTION NO. 4452 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR MAPLE TRAIL ESTATES 2ND ADDITION WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Maple Trail Estates 2nd Addition on June 6, 1996, and has recommended its approval; 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 Maple Trail Estates 2nd Addition, described as: Outlot A, Maple Trail Estates 1st Addition, City of Shakopee, County of Scott, State of Minnesota is hereby approved subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i) 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$580.77 for Lot 1, Block 1. The Park Dedication payment shall be required at the time of the recording of the Final Plat. c) No building permits shall be issued for Outlot A until it has been replatted. d) Documentation noting that Outlot A shall not be developed or have building permits issued for it until such time as Outlot A is replatted and street connections can be made to developments to the north, south, or east, shall be filed with Scott County BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Memo To: Shakopee Planning Commission From: Julie Baumann, Planner I Meeting Date: June 6, 1996 'J Re: Final Plat for Maple Trails 2nd Addition Site Information: Applicant: Harland Hohenstein Location: East of County Road 17 and south of Wood Duck Trail Current Zoning: Rural Residential (RR) Adjacent Zoning: North: Rural Residential (RR) �. South: Rural Residential (RR) East: Rural Residential (RR) West: Rural Residential (RR) Comp.Plan: 1980: Rural Residential Draft 1995: Future Urban Area Area: 22.35 Acres MUSA: The site is not within the MUSA and can not be served by all municipal utilities Introduction: The applicant is requesting Final Plat approval for a development consisting of one single family residential lot and one outlot. The proposed development is located south of Wood Duck Trail and east of County Road 17. (Marschall Road) (Exhibit A). Discussion: The Preliminary Plat for Maple Trails was approved by the City Council, by Resolution No. 3620, on July 21, 1992. Exhibit B illustrates the proposed Final Plat. The Final Plat, as proposed, provides for one single family residential lot, and one outlot. Currently, there is an existing home on the area proposed as Lot 1, Block 1. This parcel currently takes access from County Road 17, per Condition No. 5 of Resolution No. 3650, A Resolution Approving the Final Plat of Maple Trails 1st Addition (Exhibit C). Since this area is not identified by the Comprehensive Plan as a future park site, a park dedication fee will be required in lieu of park land dedication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney As proposed, Outlot A is a landlocked parcel, however to be consistent with Resolution No. 3650, a condition has been added requiring that no building permits shall be issued for Outlot A until it has been replatted. When replatting occurs, a requirement per Resolution No. 3620, requires that no other streets in the subdivision shall be constructed until the land to the east, north or south of the project develops and street connections can be made between the two developments. A condition of approval has been added requiring that documentation be filed with Scott County, noting that Outlot A is not to be developed or have building permits issued to it until such time as the area is replatted and street connections can be made to the north, south, or east in order to alert any future purchasers. Staff has not received any objections to the approval of this Final Plat. Alternatives: 1. Recommend to the City Council approval of the Final Plat of Maple Trails 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. 1, to recommend to the City Council approval of the Final Plat of Maple Trails 2nd Addition, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i) 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$580.77 for Lot 1, Block 1. The Park Dedication payment shall be required at the time of the recording of the Final Plat. c) No building permits shall be issued for Outlot A until it has been replatted. d) Documentation noting that Outlot A shall not be developed or have building permits issued for it until such time as Outlot A is replatted and street connections can be made to developments to the north, south, or east, shall be filed with Scott County Action Requested: • Offer a motion to recommend to the City Council the approval of the Final Plat for Maple Trails 2nd Addition, subject to conditions, and move its approval. i:kommdev\boaa-pc119961jime06pclfpmptr2.doc • ' .0...C.SITI• ;: ..q, g. , ir •A ...._..,A-.,.....: "...7....., '-....-.: -...,......"--- ....- —....1 . _;),‘,. __.;:_i, - -) ----r i j (rg"c-j3r:. i 7"(:-. ,-"f 1 ::<-) :q-kLAR.Z.. , .; ,"'•:•••L''7." `',r„,, \C"---._.:J i,.._juitZ.--- j! j- '....),-,-,.. 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NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat of Maple Trails Estates, described as: The South Half of the Northeast Quarter of the Southeast Quarter of Section 19, Township 115, Range 22 , and The West 20 rods of the Northwest Quarter of the Southwest Quarter of Section 20, Township 115, Range 22 , and The North one-half of the Northeast Quarter of the Southeast Quarter of Section 19, Township 15, Range 22 , and Northeast Quarter of the Southwest Quarter of Section 20, Township 115, Range 22 , together with that part of the Northwest Quarter of the Southwest Quarter of said Section 20, lying East of the West 20 . 0 rods of said Northwest Quarter of the Southwest Quarter is hereby approved subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer ' s Agreement for construction of required 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. Storm drainage systems shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee . d. Local streets within the plat will be constructed 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 $250. 00 each per sign pole. f. Cash payment in lieu of park dedication shall be required. g. No building permits will be issued for Outlots A, B, and C until these outlots have been replatted. h. Following the construction of Wood Duck Trail and Hohenstein Court within the 1st Addition, and prior to the release of the Developer's Agreement and the Letter of Credit by the City, the private easement along Outlot A and Lot 1 of Block 2 must be vacated and the existing driveway connection to C.R. 17 removed. i. The applicant shall record an easement agreement with the Scott County Recorder which provides easements for the temporary turnarounds at the time of the recording of the final plat. 3 . A variance to the Subdivision Regulations allowing two over length cul-de-sac streets (2 , 588 . 69 feet and 238 . 19 feet) is granted to allow the construction of the proposed cul-de-sac streets in the 1st Addition. The applicant shall dedicate and construct Wood Duck Trail and Hohenstein Court prior to the release of any building permits within the plat in order to provide adequate access to the private easement within Outlot B for the exception parcel currently owned by Jim Sorenson and Lori Lesinski. 4 . Development on Lot 1, Block 2 is limited to 80 Average Daily Traffic (ADT) . A traffic analysis, including daily and weekly peak volumes, must be approved by the City Engineer prior to any development on this lot . 5 . No direct access to C.R. 17 will be permitted for any of the lots within the final plat, except for the 22 . 34 acre parcel where the owner of the property resides . This parcel may continue to utilize the existing driveway. 6 . Adequate turnaround facilities for all temporary cul-de-sac streets must be constructed . 7 . The applicant shall submit a revised final plat which provides the 200 foot utility easement for Northern States Power Company, along with the document number under which it is recorded with the Scott County Recorder ' s Office . Prior to the release of the ...:i lding permits for each lot in Block . 411 III 1 1, the developer shall verify that information required for the construction of septic systems within this 200 foot utility easement has been submitted to them for their review and approval . 8 . The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 9 . Site grading and the movement of heavy equipment will be limited to those areas identified on the Drainage and Erosion Control Plan. 10. The applicant must provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled prior to the release of building permits for each lot. 11. A separate Certificate of Exemption (Wetlands Conservation Act of 1991) shall be required for the 2nd and 3rd Additions prior to final plat approval by the City Council. 12 . Scott County Entrance Permit must be obtained from the Scott County Highway Department prior to the recording of the final plat. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer' s Agreement. Passed in a, ft i - session of theme City Council ,ofp he City of Shakopee, Minheso a, held this /5-12:-' day of ,,) ,6z-n4A->, 1992 . 4 >& r-P ..<-"f Mayor o�`th City of Shakopee Attest CGJA, ) / City Clerk as /' _.�- /.„', ? �_ City Attorney ; Approve to form: G //c - Memo To: Barry Stock, Acting City Administrator From: Julie Baumann, Planner I Meeting Date: June 18, 1996 Re: Preliminary/Final Plat of Va ey Park 12th Addition Discussion Jon Albinson of Valley Green Industrial Park is requesting approval of the Preliminary/Final Plat for Valley Park 12th Addition. The subject site is located adjacent to 12th Avenue and is east of County Road 83. A copy of the June 6, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the Preliminary/Final Plat to the City Council, subject to conditions. Alternatives 1. Approve the Preliminary/Final Plat of Valley Park 12th Addition, subject to conditions. 2. Revise the conditions of approval for the Preliminary/Final Plat of Valley Park 12th Addition, and approve subject to the revised conditions. 3. Do not approve the Preliminary/Final Plat of Valley Park 12th 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 Preliminary/Final Plat of Valley Park 12th Addition, subject to conditions (Alternative No. 1). Action Requested Offer Resolution No. 4453, A Resolution Approving the Preliminary/Final Plat of Valley Park 12th Addition, and move its approval. i:\commdev\c61996\cc0618\pfpvpk12.doc RESOLUTION NO. 4453 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY/FINAL PLAT FOR VALLEY PARK 12TH ADDITION WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary/Final Plat for Valley Park 12th Addition on June 6, '1996, and has recommended its approval; 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 Preliminary/Final Plat for Valley Park 12th Addition, described as: Tract D, except the south 100 feet of the east 100 feet; Tract E; Tract F, except Parcel 74, Minnesota Department of Transportation Right-of-Way Plat No. 70-10 and 70-12; that part of Tract G which lies westerly of the southerly extension of the most easterly line of Tract E, except Parcel 74, Minnesota Department of Transportation Right-of-Way Plat No. 70-12, all in REGISTERED LAND SURVEY NO. 134, County of Scott, State of Minnesota is hereby approved subject to the following conditions: 1. 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 Shakopee Public Utilities. b) Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. c) Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d) Storm sewer and sanitary sewer systems to be installed in accordance with the requirements of the City Engineer. e) 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$895.00 for Lot 2, Block 2. The Park Dedication payment shall be paid at the time of the recording of the Final Plat. f) Trunk storrnsewer charge would be applicable if the charge has been approved by the City Council prior to Preliminary/Final Plat approval by the City. Council. 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 , 1996. • • • • Mayor of the City of Shakopee ATTEST: • City Clerk APPROVED AS TO FORM: City Attorney Memo To: Shakopee Planning Commission From: Julie Baumann, Planner I / .1 Meeting Date: June 6, 1996 Re: Preliminary/Final Plat for Valley Park 12th Addition Site Information: Applicant: Valley Green Business Park Location: _ East of County Road 83 and adjacent to 12th Avenue Current Zoning: Heavy Industrial (12) Highway Business (B1) Adjacent Zoning: North: Heavy Industrial (12) South: Southerly Bypass East: Heavy Industrial (12) West: Major Recreation (MR) Comp.Plan: 1980: Heavy Industrial/Commercial Draft 1995: Heavy Industrial/Commercial Area: 73.34 Acres MUSA: The site is within the MUSA and can be served by municipal utilities at this time. Introduction: Valley Green Industrial Park is requesting Preliminary and Final Plat approval for a development consisting of 4 industrial lots. The proposed development is adjacent to 12th Avenue and is east of County Road 83 (Exhibit A). Exhibit B illustrates the proposed Preliminary/Final Plat. Considerations: 1. The property is currently vacant land. Adjacent land uses include Canterbury Park to the west, the southerly bypass to the south, and industrial land to the north and east. 2. The property is currently zoned for Heavy Industrial and Highway Business uses. This property is within the Metropolitan Urban Service Area and can be served by all utilities. 3. This land was previously platted as Registered Land Survey 134. The property is being replatted at this time to provide a developable site (Lot 2, Block 2). The remaining parcels (Lot 1, Block 1, } and Lots 1 and 3, Block 2) are not currently being developed and will likely be resubdivided at a later date, likely through the Minor Subdivision process. 4. An Application for an Exemption to the Wetlands Regulations Act must be submitted. A condition requiring that this be completed prior to City Council approval of the Preliminary/Final Plat. The City Engineer has also commented that any storm drainage connections to the MnDot Linear Pond will require MnDot approvals. 5. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee in the amount of$895.00 be collected in lieu of park land for Lot 2, Block 2. The park dedication fee must be paid prior to the recording of the Final Plat. Lot 2,Block 2 is the only parcel that will result in a platted area of less than 5 acres. Industrial lots in excess of 5 acres are exempt from park dedication fee requirements. 6. Roadways are currently in place to provide access to these lots via 12th Avenue and Valley Park Drive. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary/Final Plat of Valley Park 12th Addition, subject to the following conditions: a) Prior to City Council approval of the Preliminary/Final Plat, the following actions must occur: i) The applicant must submit an Application for Exemption to the Wetlands Regulations Act of 1991. b) 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 Shakopee Public Utilities. b) Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. c) Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d) Storm sewer and sanitary sewer systems to be installed in accordance with the requirements of the City Engineer. e) 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$895.00 for Lot 2, Block 2. The Park Dedication payment shall be paid at the time of the recording of the Final Plat. 2. Revise the conditions recommended by staff and recommend approval of the Preliminary/Final Plat for Valley Park 12th Addition,to the City Council, subject to the revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Preliminary/Final Plat for Valley Park 12th Addition. time for the 4. Table a decision in order to allowapplicant and/or staff to submit additional information. Staff Recommendation: Staff recommends that the Planning Commission recommend to the City Council the approval of the request for approval of the Preliminary/Final Plat of Valley Park 12th Addition, subject to conditions. Action Requested: Offer a motion to recommend to the City Council the approval of the request for approval of the Preliminary/Final Plat for Valley Park 12th Addition, subject to conditions, and move its approval. i lcommdev\boaa pc11996' une06pc\pfpvp12.doc EXHIBIT A --�\ t ' i - , 1• . 4 _ ....... ...... ..- ;?, A .• ...1,--.., • , ;, ////7/12 ) C't 4 ..<\)( %A . !:' !,.' "3r.'' ).. .N 1 r..J Nr, . AN rso '`�A 1 r a %l UBSEC sirs, I =G ti D t S A �� �"E."4 Vir4 � ii _ ,;' . fin ZC�=c RR =? .rei Res:.- , ii ' `J p•-•\____-.. C �'IV Jn`'t�:Ce . ✓ / ir \RR'-: '�`•%-� `�. H-2- e:;;.:-1 =--.s' - _ J i i./ 1 'Z 3 "" ! _1 + :'c'r;•..Cy . .S:'ess / ? Ce C•••• 255 /• _ -t InC_sj- :1 , - - - - i n m S • 4 I + 3.a•4I I•or, AIH• . •.w Vi - I • ta - + 3�00 S99;p S o 1°pi _ -3\01.311 A 3,SE.LSAO S a -96i. •tis£t--- 3 ova iC'YLCI '� LT/111 .— 1r f CC-. 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O I •1 - - , • _::: —— M S£.00.1'0 N +-OL ot-1 - a«� !Y Y orm Owls ADS= •�(' �VAh Yl !OrOM+WF1D� —111 y I :R I: (9 Y—orr,owls Ammo /A • .1_ -�-I A ; 1 0Se r:401110 I c:TC:.:3s I V AO. ( I l'n •DM'LII 'N '.AI wl ./1 S•Su O Sill SAT ff�`��"I'V 2. b TO: Barry Stock, Acting City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Special Assessment Abatement DATE: June 6, 1996 Introduction Staff was contacted by the Scott County Deputy Auditor and requested to abate a special assessment . Background As part of the 1993 Street Reconstruction project, the city assessed parcel 27-005007-0 the amount of $91. 67. According to the auditor, this parcel is 7 feet wide and is in tax forfeit status. Adjoining parcels have not expressed an interest in buying the parcel even for $1. 00 . In order to clean up the records, ease the administration of tax forfiet parcels and facilitate the possible sale of the parcel, the county is requesting that the special assessment be abated. Alternatives 1 . Status Quo. 2 . Abate the assessment . Recommendation Alternative number 2 . Action requested Move to approve of the abatement of the special assessment for the 1993 Street Reconstruction project in the amount of $91 . 67 for parcel number 27-005007-0 and request that the county auditor add $91. 67 to the asking price for the sale of the parcel . is\finance\docs\gregg\abate3 C, MEMO TO: Barry A. Stock, Acting City Administrator FROM: V. Paul Bilotta, Community Development Director MEETING DATE: June 18, 1996 RE: Economic Development Staffing Introduction The Planner I/Economic Development Specialist has resigned her position and the City Council has directed that it be filled as soon as possible. The City's Economic Development functions are currently shared among three positions: Economic Development Specialist (full-time), Community Development Director (part-time) and the Assistant City Administrator(part-time). The Assistant City Administrator has also resigned his position and the City Council has had discussion regarding the elimination of that position which will result in the redistribution of the job duties currently held by the Assistant City Administrator. Discussion There are generally 3 types of positions in Economic Development. The Economic Development Specialist is an entry level position and has a salary range in the low to mid $30's. The Economic Development Coordinator is the mid-level position (3+ years of experience) and has a salary range in the high $30's to low $40's. The top level position is Economic Development Director and has a salary range in the low to mid $50's. The Economic Development Director usually has department head or Assistant City Administrator status and reports directly to the City Administrator. With the shared Economic Development structure that the City has been using, it appeared to be the most cost effective to bring in an entry level staff member to handle many of the day-to-day activities and then call on the assistance of the more experienced members of the team (Assistant City Administrator and Community Development Director) to provide guidance/supervision or undertake more complicated and difficult projects where the Economic Development Specialist might be lacking in experience. The Economic Development Coordinator would be the best option if the Assistant City Administrator position is eliminated since they would be able to work more independently (with day-to-day supervision). If the Assistant City Administrator position is eliminated, then the full-time Economic Development staff person would not have the additional support provided by that position and the Community Development Director would also have less ability to provide the additional Economic Development support since that position would likely have to absorb some of the functions currently handled by the Assistant City Administrator. The Economic Development Director option does not appear to be cost-effective given the workload in the City of Shakopee at this time. Alternatives 1. Direct staff to take the steps necessary to recommend to the City Council a preferred applicant for an Economic Development Specialist position. 2. Direct staff to take the steps necessary to recommend to the City Council a preferred applicant for an Economic Development Coordinator position. 3. Direct staff to take the steps necessary to recommend to the City Council a preferred applicant for an Economic Development Director position. 4. Table the decision and request additional information from staff. Staff Recommendation If the Assistant City Administrator position is to be eliminated and job duties redistributed, then staff recommends Alternative 2 which.will take the steps necessary to hire an Economic Development Coordinator. Action Requested Offer a motion to direct staff to take the steps necessary to recommend to the City Council a preferred applicant for an Economic Development Coordinator position. MEMO TO: Barry Stock, Acting City Administrator FROM: Bruce Loney, Public Works Director 0/, SUBJECT: Approval of Consultant Contracts for General Municipal Engineering Work DATE: June 13, 1996 MEETING DATE: June 18, 1996 INTRODUCTION: Attached to this memo are signed consultant contracts from MSA Consulting Engineers and Bolton & Menk, Inc. that have been approved by the City Attorney for City Council approval. BACKGROUND: On March 12, 1996, City Council did review the engineering consultant selection process and did approve to prequalify the consulting firms for a three year period as follows: • WSB & Assoc., Inc. • MSA Consulting Engineers • Bolton& Menk, Inc. The City has executed a general municipal consultant contract with WSB & Assoc., Inc., as they were recommended as the primary consultant for general municipal, transportation and surface water resources engineer for the City of Shakopee. Staff has finalized the general municipal consultant contracts with MSA Consulting Engineers and Bolton & Menk, Inc., for possible future work with the City of Shakopee. These consultant contracts would expire on January 1, 1999. Staff would like to point out that this general consultant contract lays the basic services of the consultant, as well as the City's responsibilities, general provisions, payment and fee schedule, and termination of contract provisions. Staff would point out that this item is a housekeeping item and that the Council is not obligated to any cost by execution of this general municipal consultant contract. Professional service done by the consultant will need City Council approval prior to doing any project work. This work would be brought back to the Council in a specific written extension agreement, which sets forth the conditions and requirements not otherwise provided for in this agreement, and is subject to City Council authorization. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the consultant contracts between MSA Consulting Engineers and the City of Shakopee, and Bolton & Menk, Inc. and the City of Shakopee. 2. Do not authorize the consultant contracts at this time. 3. Table this item for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to execute the consultant contracts which provides the basic general agreement between the City and the consultant selected for general municipal engineering work. ACTION REQUESTED: Authorize the appropriate City officials to execute the consultant contracts between MSA Consulting Engineers and the City of Shakopee, and Bolton& Menk, Inc. and the City of Shakopee. BL/pmp CONSULTANT t MS1 CONSULTING ENGINEERS April 22, 1996 Co), 1326 Energy Pork Drive File: 900-000-00 Q Oi``e St.Paul,MN 55108 r a y��OA 612-644-4389 ,l FF Mr. Bruce Loney, P.E. 46* "Ste 99s 1-800.888.2923 Public Works Director GS' Fax:612-644-9446 City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 RE: CITY OF SHAKOPEE / MSA CONSULTANT CONTRACT FOR ENGINEERING SERVICES Dear Mr. Loney: Enclosed please find two signed copies of the engineering services agreement between CIVIL ENGINEERING: MSA and the City of Shakopee. We are returning these copies to you for signature by ENVIRONMENTAL appropriate City officials. Upon completion of signing, please return a fully executed MUNICIPAL copy to us for our records. PLANNING SOLID WASTE Please note on page 2, we have removed the insurance requirement for XCU coverage. STRUCTURAL We have done this in consultation with our corporate attorney and your City attorney. SURVEYING After discussion with the City attorney, she feels comfortable with removing this coverage. TRAFFIC Craig Ebeling and I have noted the exclusion of this requirement and have signed the TRANSPORTATION contract. ELECTRICAL/MECHANICAL If you have any further questions regarding the contract, please contact me. ENGINEERING: HVAC Sincerely, POWER DISTRIBUTION SCADA SYSTEM CONTROLS MSA, CONSU ING ENGINEERS X/ S -yen D. Gatlin, P.E. 'roject Manager SDG:tw Enclosure OFFICES IN: 000-2223.apr MINNEAPOLIS PRIOR LAKE ST.PAUL WASECA An Equal Opportunity Employer CONSULTANT CONTRACT THIS AGREEMENT, made and entered into this day of , 1996, by and between the City of Shakopee, a municipal corporation of the State of Minnesota, hereinafter referred to as the "City" with offices at 129 S. Holmes Street, Shakopee, Minnesota, and MSA Consulting Engineers with offices at 1326 Energy Park Drive, St . Paul, MN 55108, hereinafter referred to as the "Consultant . " WITNESSETH: THAT, WHEREAS, the City of Shakopee desires to engage the Consultant, upon written authorization as hereinafter specified, to perform services as hereinafter provided; which are in accordance with the project scope and any addenda thereto, which scope of services by this Consultant together with addenda, if any, shall become a part of this Agreement; and WHEREAS, the Consultant made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal . NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Consultant as follows : SECTION I . BASIC SERVICES OF THE CONSULTANT. A. The Consultant agrees to perform professional services in connection with projects as hereinafter stated. Special conditions, maps, and drawings shall be referred to where applicable. B. The Consultant shall serve as the City' s professional consultant in phases as specified, and shall give consultation and advice to the City during the performance of its services . C. The City shall divide work into two categories : Minor Projects and Major Projects . Minor Projects are expected to cost less, utilize less expertise, or take less time than Major Projects . 1 . Minor Projects . The work to be performed by the Consultant for Minor Projects may be specified verbally or in writing, but shall be confirmed in writing by the City Administrator within five (5) days and are subject to City Council authorization. All Minor Project work shall be billed at the hourly rates specified in Exhibit A attached hereto and incorporated into this Agreement . The value of Minor Project work shall not exceed $500 . 00 for each project . 2 . Major Projects . The work to be performed by the Consultant for Major Projects shall be specified in a written Extension Agreement which sets forth all special conditions and requirements not otherwise provided for in this Agreement . Each Extension Agreement is subject to City Council authorization. The payment and fee schedule for Major Project work shall be established in the Extension Agreement . D. Time of performance. The services to be performed by the Consultant under this Agreement shall be commenced and completed in accordance with Extension Agreements, which shall each incorporate and be governed by this Agreement . E. Confidentiality. Any non-public reports, data, or similar in- formation given to or prepared or assembled by the Consultant under this Contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Consultant without prior written approval of the City. F. Liability and Indemnity. The parties mutually agree to the following: 1 . The Consultant shall hold the City harmless and agrees to defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses due to Consultant' s negligent or wrongful acts or omissions . 2 . The Consultant assumes full responsibility for relations with subcontractors, and shall hold the City harmless and shall defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses in any manner caused by such subcontractors, arising out of or connected with this Contract . G. Insurance . The Consultant shall procure and maintain during the life of this Contract, and provide the City with a certificate of insurance showing, the following coverage: 1 . Comprehensive General Liability Insurance, including Broad Form Property Damage, Completed Operations and Contractual Liability for limits not less than $600, 000 each occurrence for damages of bodily injury or death to one or more persons and $600, 000 each occurrence for damage to or destruction of property. 2 . Insurance eovcra c fog Cpccial F ;.zard3, i ea ding but not 1-imited to explosion hazard, -collapse ha-zard, underground property eeagc hazard, (commonly known as XCU) 2 3 . Comprehensive Automobile Liability Insurance, in an amount not less than $100, 000 for each person for bodily injury or death; $300, 000 for each accident for all damages of bodily injury or death to two or more people; and $50, 000 for each occurrence for property damage. Coverage shall include all owned autos, non-owned autos, and hired autos . 4 . Errors and Omissions Insurance against errors and omissions resulting from the performance of Consultant' s work under this Agreement . Said coverage shall be in an amount not less than $1, 000, 000 . 5 . Workmen' s Compensation insurance for all its employees as required by the Minnesota Worker' s Compensation Act . 6 . The City of Shakopee must be named as "ADDITIONALLY NAMED INSURED" on the insurance described in paragraphs 1, 2, and 3 , and must receive notice ten (10) days prior to the cancellation or expiration of any of the specified insurance. If the deductible provisions of the Consultant' s coverage or any subcontractor' s coverage is questioned by the City, the Consultant shall provide the City, upon request, "Proof of Assets" . 7 . Subcontractors: In case any or all of this work is subcontracted, the Consultant shall require the subcontractor to procure and maintain insurance which meets the above requirements . The Consultant shall obtain certificate (s) of insurance indicating this before allowing the subcontractor to commence operation of the project . H. All of the services contemplated under this Agreement are personal and shall not be assigned, sublet or transferred without the prior written consent of the City. I . The Consultant certifies that it has received a Certificate of Compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, 1981 Supplement, Section 363 . 073 . J. The Consultant agrees in the performance of this Contract not to discriminate on the ground or because of race, color, creed, religion, national origin, sex, disability, sexual orientation, age, marital status, or status with regard to public assistance, against any employee of Consultant or applicant for employment, and shall include a similar provi- sion in all subcontracts let or awarded hereunder. K. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of 3 services to be performed under this Contract . The Consultant further covenants that in the performance of this Contract no person having such interest shall be employed. SECTION II . THE CITY' S RESPONSIBILITIES . A. The City shall provide full information, including a detailed description of the scope, for the projects . B. The City will provide the Consultant with access to available information pertinent to the sites of the projects, including previous reports and any other data relative to design or construction of the projects. C. The City will give prompt notice to the Consultant whenever the City observes or otherwise becomes aware of any defect in a project . D. The City will obtain approval of all governmental authorities having jurisdiction over the projects and such approvals and consents from such other individuals or bodies as may be necessary for completion of the projects . E. The City will furnish, or direct the Consultant to provide at the City' s expense, necessary additional services . SECTION III . GENERAL PROVISIONS. A. This Agreement does not guarantee to the Consultant any work except as authorized in accordance with Section I above, or create an exclusive Consulting Contract . B. The City, may from time to time, require changes in the scope of the services of the Consultant to be performed herein. Such changes, including any increase or decrease in the amount of the Consultant' s compensation, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written Change Orders or Extensions to this Contract . C. Period. This Agreement shall be effective until January 1, 1999, unless terminated earlier as provided herein. D. The Consultant is an independent contractor and nothing con- tained herein shall constitute or designate the Consultant or any of Consultant' s agents or employees as agents or employees of the City of Shakopee, Minnesota. Neither the Consultant nor Consultant' s employees shall be entitled to any of the benefits established for the employees of the City nor be cov- ered by the Worker' s Compensation Program of the City. 4 E. The drawings, calculations, specifications, estimates, etc . , produced by the Consultant under the terms of this Agreement, when accepted and paid for by the City, shall become the property of the City. This provision shall not preclude the Consultant from retaining copies of such materials for its records . Notwithstanding the foregoing, the City shall indemnify and hold Consultant harmless from any claim or liability for injury or loss arising from or alleged to be arising from the subsequent unauthorized reuse of such materials without having first obtained the Consultant' s written approval . In no event shall reuse be deemed to occurred where the materials have been used on the project for which they are intended. F. Whenever possible, the period of performance of any specific project undertaken by the Consultant shall be mutually determined by the City and the Consultant prior to the time that notice to proceed on such work is given by the City. G. Laws . The Consultant, at all times, shall observe all federal, state, and local laws, and all rules and regulations issued pursuant thereto, which in any manner affect or govern the work contemplated under this Agreement . H. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to City and Consultant at the address shown above . The date of delivery of any notice shall be the date falling on the second full day after the day of its mailing. I . This Agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. SECTION IV. PAYMENT AND FEE SCHEDULE. A. The City shall pay the Consultant for services furnished, and the Consultant shall accept as full payment, the sum described in the following paragraph. This sum shall include all services rendered by the Consultant under this Agreement (including all travel, living and overhead expenses incurred by the Consultant in connection with performing the services herein) except for special services authorized in writing by the City. The sum stipulated shall be considered a "Not to Exceed" cost to the City. B . The "Sum Not to Exceed" will contain two parts : (1) the negotiated sum for the Preliminary Report, and (2) the negotiated sum for the preparation of contract documents . Negotiations for the preparation of contract documents will be completed after City Council approval of the Preliminary 5 Report and authorization to proceed. The Consultant shall keep track of the costs billable under this Contract at all times; any work in excess of the negotiated sum shall not be eligible for payment . The Consultant shall notify the City if Consultant anticipates that the negotiated sum may be exceeded, in order to determine whether or not the City is prepared to increase the compensation. C. The Consultant will bill the City monthly. The monthly billing will summarize the progress of the project as certified by the Consultant . The City will pay the Consultant within thirty (30) days after receipt of the bill . SECTION V. TERMINATION OF CONTRACT. A. Termination of Contract For Cause. If, through any cause (except those reasonably beyond Consultant' s control) , the Consultant shall fail to fulfill in timely and proper manner its obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulation of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of termination. In that event the Consultant shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this Contract, which shall, at the option of the City, become its property, and the Consultant shall be entitled to receive just, equitable compensation for any satisfactory work completed on such documents and other materials prior to the effective date of termination. B. Liability. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Consultant, and the City may withhold any payments to the Consultant for the purpose of setoff until such time as the exact amount of damages due the City from the Consultant is determined. C. City' s Right to Proceed. In the event this Contract is ter- minated for cause, then the City may take over and complete the work, by contract or otherwise, and the Consultant and its sureties shall be liable to the City for any costs over the amount of this Contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and 6 not in limitation of, any other rights which the City may have . D. Termination Not For Cause. The City may terminate this Contract at any time, with or without cause, by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In that event, the Consultant shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this Contract, which shall, at the option of the City, become its property. If the Contract is terminated by the City as provided in this paragraph, the Consultant will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Consultant covered by this Contract, less payments or compensation previously made. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. MSA CONSULTING ENGINEERS CONSULTANT CITY OF SHAKOPEE, MINNESOTA orized Signature Jeff M. Henderson, Mayor ATT ST: Ste. Barry A. Stock, Acting City Administrator /C e PcIe -& Title Judith S . Cox, City Clerk Prepared By: Karen Marty City Attorney 129 S . Holmes St . Shakopee, MN 55379 [KPWCONSL] 7 EXHIBIT A Fee Schedule f01sit19.IGKGIIERs g A M ::> :.P. M : � .F MSA would be pleased to structure an engineering services agreement with the City of Shakopee which embodies the City's cost containment concerns and reflects the policy endorsement issues as required by our insurance carrier. In general, MSA structures its fee schedule based upon negotiated project specific "not to exceed" budget amounts. Services are provided according to the schedule of hourly rates, and progress billings are submitted monthly. The engineering fees and charges established by MSA are as follows: General Engineering Services MSA provides general engineering services to client communities on an hourly rate basis. Items typically considered in this category are: • Plat and plan review of new subdivisions. • Sewer and water rate studies. • Plans and specifications for seal coat projects. • Master planning. • Amendments to comprehensive plans. • Inspection of private development projects. • Capital improvement plans. Basic Services Consulting for projects that start with preliminary design and continue through preparation of detailed plans to construction administration are generally considered as basic services. Our typical Professional Services Agreement provides for negotiations with our client to establish a "not to exceed" cost for basic services. This figure can represent the application of a standard fee curve to the project's construction cost. or can result from a project specific analysis of work tasks and nonstandard design issues. An example of a standard fee curve is provided by Schedule A, which is the last page of this section. The fee curve that would be utilized in Shakopee would be mutually negotiated. Once the "not to exceed" figure has been established, MSA will invoice only for staff time and expenses coded to the project, up to the mutually agreed upon maximum. Hourly Rates MSA typically establishes a schedule of hourly rates once per year. This schedule is based upon the annual hourly wage paid the employee (labor cost) plus an overhead factor of 1.45 which COMNILNI I Y PRIDE SINCE 1857 SHAKO F:F . liSt Fee Schedule '', f01SfL1'116BiGLYE�RS � ,��: covers labor items such as health insurance, F.I.C.A., vacations and holidays, and general overhead which covers office rent, equipment depreciation, and non-chargeable supplies and expenses. The overhead factor reflects the application of generally accepted audit standards to the engineers' costs and expenses. We have been audited by governmental agencies and they have concurred with our overhead factor. MSA has maintained a 1.45 overhead factor since 1984. The schedule of professional fees shown on the following page shows the hourly rate schedule for Shakopee. Our past experience in other similar size communities indicates that our average billing rate for all engineering is approximately $55/hour. Detailed Invoices Monthly progress billings submitted by MSA to the City of Shakopee will provide the following detailed breakdown: Name of Project Phase of Project Employee Name Employee's Position Week of Billing Period Hours Worked on Project Employee's Hourly Wage Description of Work Task Performed by Employee Description of Project Expenses Description of Project Pass Through Expenses Construction Services MSA places great emphasis on providing detailed and complete monitoring of construction activities by experienced and capable field inspectors and survey crews. Our inspection time on- site ensures that the project is constructed to the high quality standards that we design and that you demand. Construction issues and citizen communication cari be most effectively handled by these personnel in the field as the occasion arises. MSA typically includes weekly progress reports or newsletters to residents affected by construction, as well as informing residents of detours and construction disruptions to their properties. 1111111. 11 CO 'I\IuxIi Y PRIDE SINCE 1857 SHAKOPEE Fee Schedule CONsfL11.IGKIIINEERs m. rr..�:as r . ataam . x,w.:::z crAk w . Amtausestmatutm Typically, fees for construction inspection and staking are on the order of 6% to 8% of a project's construction cost. These fees are affected by the type of improvements, workmanship of the contractor, new construction versus rehabilitation, and whether winter construction is included in the contractor's schedule. MSA BILLING RATES MSA's billing rates are based upon an overhead multiplication factor times annualized hourly rates. The hourly rates are calculated based upon an individual's annualized salary rate during the performance period. Rates are established by employee classification from February 1st, 1996, through January 31st, 1997, as follows: CLASSIFICATION RANGE OF BILLING RATES Principal Engineer 84.00 - 106.00 Registered Land Surveyor 55.97 - 74.25 Department Manager 55.97 - 74.25 Project Engineer/Registered Engineer 53.56 - 74.25 Structural Engineer 53.56 - 74.25 Environmental Engineer 53.56 - 74.25 Traffic Engineer 53.56 - 84.25 Design Engineer/Civil Engineer 37.44 - 48.44 Surveyor 41.17 - 63.74 Senior Engineering Technician 40.90 - 67.62 Technician 16.17 - 55.82 Resident Project Representative 16.17 - 53.77 Three-Person Survey Crew 88.85 - 121.61 Two-Person Survey Crew 70.00 - 78.40 Word Processor/Computer Technician 31.10 - 47.88 Typist/Clerk 22.23 - 41.18 COMMUNITY PRIDE SINCE 1857 SHAK PFF Fee Schedule COSSuLTIIG E fLYEERS , The above rates include all costs for direct salary, overhead, and profit. The rates shown are based on an overhead factor of 1.45 times direct salary. Project Identifiable Costs The following schedule establishes a listing of identifiable costs that would be provided by the Engineer and billed to the Owner on projects: Expense Code Description Rate 03 Field Supplies At Cost 04 Office Supplies At Cost 05 Postage and UPS At Cost 06 Equipment Rental At Cost 07 Miscellaneous Expense At Cost 10 Photo Reproduction At Cost 11 Private Auto Use $.30/Mile 12 Company Auto Use $.30/Mile 13 Private Truck Use $.35/Mile 14 Company Truck use $.35/Mile 27 CADD System $15.00/Hr. 99 Subcontractor Expense At Cost e/I COMMUNITY PRIDE SINCE 1857 SHAKOPF.F ` BOLTt NA K ON at- , INC_ Consulting Engineers & Surveyors 1515 East Highway 13 • Burnsville, MN 55337-6857 Phone (612) 890-0509 • FAX (612) 890-8065 0/7), 0 Op 0 'fir May17, 1996 I9 d l�� 9S /pi, i Mr. Bruce Loney Shakopee Public Works Director 129 Holmes Street South Shakopee, MN 55379-1351 RE: Consultant Contract with the City of Shakopee Dear Mr. Loney: Enclosed please find both copies of the Consultant Contract, as revised and submitted to us on May 8, 1996, which have now been executed by two (2) officers of Bolton & Menk, Inc. (BMI). Following City Council approval of this contract, we would appreciated receipt of a fully executed copy for our records and files. We thank you for the opportunity to serve the City of Shakopee and look forward to working with you and your staff. Sincerely, i TON Zat E i , INC. ames E. Johnson, P.E. Office Manager cc: Mr. Bruce Firkins, BMI Civil Division Manager MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN AMES, IA LIBERTY, MO An Equal Opporu^i,y Employer CONSULTANT CONTRACT THIS AGREEMENT, made and entered into this day of , 1996, by and between the City of Shakopee, a municipal corporation of the State of Minnesota, hereinafter referred to as the "City" with offices at 129 S. Holmes Street, Shakopee, Minnesota, and Bolton & Menk, Inc . , with offices at 1515 East Highway 13 , Burnsville, MN 55337, hereinafter referred to as the "Consultant . " WITNESSETH: THAT, WHEREAS, the City of Shakopee desires to engage the Consultant, upon written authorization as hereinafter specified, to perform services as hereinafter provided; which are in accordance with the project scope and any addenda thereto, which scope of services by this Consultant together with addenda, if any, shall become a part of this Agreement; and WHEREAS, the Consultant made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal . NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Consultant as follows : SECTION I . BASIC SERVICES OF THE CONSULTANT. A. The Consultant agrees to perform professional services in connection with projects as hereinafter stated. Special conditions, maps, and drawings shall be referred to where applicable . B. The Consultant shall serve as the City' s professional consultant in phases as specified, and shall give consultation and advice to the City during the performance of its services . C. The City shall divide work into two categories : Minor Projects and Major Projects . Minor Projects are expected to cost less, utilize less expertise, or take less time than Major Projects . 1 . Minor Projects . The work to be performed by the Consultant for Minor Projects may be specified verbally or in writing, but shall be confirmed in writing by the City Administrator within five (5) days and are subject to City Council authorization. All Minor Project work shall be billed at the hourly rates specified in Exhibit A attached hereto and incorporated into this Agreement . The value of Minor Project work shall not exceed $500 . 00 for each project . 2 . Major Projects . The work to be performed by the Consultant for Major Projects shall be specified in a written Extension Agreement which sets forth all special conditions and requirements not otherwise provided for in this Agreement . Each Extension Agreement is subject to City Council authorization. The payment and fee schedule for Major Project work shall be established in the Extension Agreement . D. Time of performance. The services to be performed by the Consultant under this Agreement shall be commenced and completed in accordance with Extension Agreements, which shall each incorporate and be governed by this Agreement . E. Confidentiality. Any non-public reports, data, or similar in- formation given to or prepared or assembled by the Consultant under this Contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Consultant without prior written approval of the City. F. Liability and Indemnity. The parties mutually agree to the following: 1 . The Consultant shall hold the City harmless and agrees to defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses due to Consultant' s negligent or wrongful acts or omissions arising out of or connected with this Contract . 2 . The Consultant assumes full responsibility for relations with subcontractors, and shall hold the City harmless and shall defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses in any manner caused by such subcontractors, arising out of or connected with this Contract . G. Insurance . The Consultant shall procure and maintain during the life of this Contract, and provide the City with a certificate of insurance showing, the following coverage : 1 . Comprehensive General Liability Insurance, including Broad Form Property Damage, Completed Operations and Contractual Liability for limits not less than $600, 000 each occurrence for damages of bodily injury or death to one or more persons and $600, 000 each occurrence for damage to or destruction of property. 2 . Comprehensive Automobile Liability Insurance, in an amount not less than $100, 000 for each person for bodily injury or death; $300, 000 for each accident for all 2 damages of bodily injury or death to two or more people; and $50, 000 for each occurrence for property damage. Coverage shall include all owned autos, non-owned autos, and hired autos . 3 . Errors and Omissions Insurance against errors and omissions resulting from the performance of Consultant' s work under this Agreement . Said coverage shall be in an amount not less than $1, 000, 000 . 4 . Workmen' s Compensation insurance for all its employees as required by the Minnesota Worker' s Compensation Act . 5 . The City of Shakopee must be named as "ADDITIONALLY NAMED INSURED" on the insurance described in paragraphs 1, 2, and 3, and must receive notice ten (10) days prior to the cancellation or expiration of any of the specified insurance. If the deductible provisions of the Consultant' s coverage or any subcontractor' s coverage is questioned by the City, the Consultant shall provide the City, upon request, "Proof of Assets" . 6 . Subcontractors : In case any or all of this work is subcontracted, the Consultant shall require the subcontractor to procure and maintain insurance which meets the above requirements . The Consultant shall obtain certificate (s) of insurance indicating this before allowing the subcontractor to commence operation of the project . H. All of the services contemplated under this Agreement are personal and shall not be assigned, sublet or transferred without the prior written consent of the City. I . The Consultant certifies that it has received a Certificate of Compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, 1981 Supplement, Section 363 . 073 . J. The Consultant agrees in the performance of this Contract not to discriminate on the ground or because of race, color, creed, religion, national origin, sex, disability, sexual orientation, age, marital status, or status with regard to public assistance, against any employee of Consultant or applicant for employment, and shall include a similar provi- sion in all subcontracts let or awarded hereunder. K. The Consultant hereby certifies that no member or officer of its firm or corporation is an officer or employee of the City, or any of its boards or agencies, and further that no officer or employee of the City has any financial interest, direct or indirect, in this contract . All applicable federal regulations and provisions of state law shall not be violated. 3 SECTION II . THE CITY'S RESPONSIBILITIES. A. The City shall provide full information, including a detailed description of the scope, for the projects. B. The City will provide the Consultant with access to available information pertinent to the sites of the projects, including previous reports and any other data relative to design or construction of the projects . C. The City will give prompt notice to the Consultant whenever the City observes or otherwise becomes aware of any defect in a project. D. The City will obtain approval of all governmental authorities having jurisdiction over the projects and such approvals and consents from such other individuals or bodies as may be necessary for completion of the projects. E. The City will furnish, or direct the Consultant to provide at the City' s expense, necessary additional services. SECTION III . GENERAL PROVISIONS . A. This Agreement does not guarantee to the Consultant any work except as authorized in accordance with Section I above, or create an exclusive Consulting Contract . B . The City, may from time to time, require changes in the scope of the services of the Consultant to be performed herein. Such changes, including any increase or decrease in the amount of the Consultant' s compensation, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written Change Orders or Extensions to this Contract . C. Period. This Agreement shall be effective until January 1, 1999, unless terminated earlier as provided herein. D. The Consultant is an independent contractor and nothing con- tained herein shall constitute or designate the Consultant or any of Consultant' s agents or employees as agents or employees of the City of Shakopee, Minnesota. Neither the Consultant nor Consultant' s employees shall be entitled to any of the benefits established for the employees of the City nor be cov- ered by the Worker' s Compensation Program of the City. E. The drawings, calculations, specifications, estimates, etc . , produced by the Consultant under the terms of this Agreement, when accepted and paid for by the City, shall become the property of the City. This provision shall not preclude the 4 Consultant from retaining copies of such materials for its records . Notwithstanding the foregoing, the City shall indemnify and hold Consultant harmless from any claim or liability for injury or loss arising from or alleged to be arising from the subsequent unauthorized reuse of such materials without having first obtained the Consultant' s written approval . In no event shall reuse be deemed to occurred where the materials have been used on the project as and for which they are intended. F. Whenever possible, the period of performance of any specific project undertaken by the Consultant shall be mutually determined by the City and the Consultant prior to the time that notice to proceed on such work is given by the City. G. Laws . The Consultant, at all times, shall observe all federal, state, and local laws, and all rules and regulations issued pursuant thereto, which in any manner affect or govern the work contemplated under this Agreement . H. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to City and Consultant at the address shown above. The date of delivery of any notice shall be the date falling on the second full day after the day of its mailing. I . This Agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. SECTION IV. PAYMENT AND FEE SCHEDULE. A. The City shall pay the Consultant for services furnished, and the Consultant shall accept as full payment, the sum described in the following paragraph. This sum shall include all services rendered by the Consultant under this Agreement (including all travel, living and overhead expenses incurred by the Consultant in connection with performing the services herein) except for special services authorized in writing by the City. The sum stipulated shall be considered a "Not to Exceed" cost to the City. B. The "Sum Not to Exceed" will contain two parts : (1) the negotiated sum for the Preliminary Report, and (2) the negotiated sum for the preparation of contract documents . Negotiations for the preparation of contract documents will be completed after City Council approval of the Preliminary Report and authorization to proceed. The Consultant shall keep track of the costs billable under this Contract at all times; any work in excess of the negotiated sum shall not be eligible for payment . The Consultant shall notify the City if 5 Consultant anticipates that the negotiated sum may be exceeded, in order to determine whether or not the City is prepared to increase the compensation. C. The Consultant will bill the City monthly. The monthly billing will summarize the progress of the project as certified by the Consultant . The City will pay the Consultant within thirty (30) days after receipt of the bill . SECTION V. TERMINATION OF CONTRACT. A. Termination of Contract For Cause. If, through any cause (except those reasonably beyond Consultant' s control) , the Consultant shall fail to fulfill in timely and proper manner its obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulation of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of termination. In that event the Consultant shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this Contract, which shall, at the option of the City, become its property, and the Consultant shall be entitled to receive just, equitable compensation for any satisfactory work completed on such documents and other materials prior to the effective date of termination. B. Liability. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Consultant, and the City may withhold any payments to the Consultant for the purpose of setoff until such time as the exact amount of damages due the City from the Consultant is determined. C. City' s Right to Proceed. In the event this Contract is ter- minated for cause, then the City may take over and complete the work, by contract or otherwise, and the Consultant and its sureties shall be liable to the City for' any costs over the amount of this Contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, any other rights which the City may have . 6 D. Termination Not For Cause. The City may terminate this Contract at any time, with or without cause, by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In that event, the Consultant shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this Contract, which shall, at the option of the City, become its property. If the Contract is terminated by the City as provided in this paragraph, the Consultant will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Consultant covered by this Contract, less payments or compensation previously made. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BOLTON & MENK, INC. CONSULTANT CITY OF SHAKOPEE, MINNESOTA 1 /i'-e.-- Au/ orized S' .nature Jeff M. Henderson, Mayor 1 ATTE T: /4.07:411----' 1///4' Barry A. Stock, Acting City Administrator Title Judith S. Cox, City Clerk Prepared By: Karen Marty City Attorney 129 S. Holmes St . Shakopee, MN 55379 [2MEMO3] 7 BOLTON 8�. M ' N K , INC_ Consulting Engineers & Surveyors vi 1515 East Highway 13 • Burnsville, MN 55337-6857 Phone (612) 890-0509 • FAX(612) 890-8065 EXHIBIT A CITY OF SHAKOPEE 1996 FEE SCHEDULE The following schedule of fees is based upon competent and responsible engineering and surveying services, and are the minimum,below which adequate professional standards cannot be maintained. It is, therefore, to the advantage,of both the Professional Engineer or Land Surveyor and his client, that fees be commensurate with the service rendered. Principal Engineer/Land Surveyor $80-100/Hour Associate Engineer/Land Surveyor $65-90/Hour Project/Design Engineer $40-65/Hour Licensed Land Surveyor $60/Hour Survey Field Crew (2-person) '$75/Hour Senior Technician $45-65/Hour Senior Public Works Technician $35-50/Hour Technician/Draftsperson $20-50/Hour Clerical $20-40/Hour Charges are based on hours spent at hourly rates in effect for the individuals performing the work. The hourly rates for principals, associates and members of the staff vary according to skill and experience. These rates include the salary rate times an overhead factor which accounts for federal and state taxes and required benefits, as well as insurance, office expenses and profit.. In addition, the overhead factor includes vehicle and personal expenses, stakes and supplies. Unusual expenses, such as large quantities of prints, prints ordered in connection with subdivision plats, outside professional assistance and other items of this general nature, will be billed out separately. When it is possible to accurately define the scope of the project and the engineering services to be performed, a lump sum may be agreed upon for total compensation. MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN AMES, IA LIBERTY, MO An Equal Opportunity Employer / ,2 TO: Barry Stock, Acting City Administrator FROM: Gregg Voxland, Finance Director RE: 1996/97 Insurance Renewals DATE: June 12, 1996 Introduction Attached is a list of property/liability insurance premiums for the renewal of the present coverage with the League of Minnesota Cities insurance Trust (LMCIT) . The policy period is July 1, 1996 to June 30, 1997. Background Basic Policy The policies proposed are essentially the same as current coverage. The premiums are smaller than last year, even though more items are covered. Please see attachment A. The total deposit premium has decreased from $202,671 to $175,990 covering the City, SPUC and EDA. The primary reasons for the decrease are a favorable loss experience and rate changes. Attachment B also shows the dividend history and the loss history for recent years. Please note the large loss that incurred in 1987. Because of our participation in the LMCIT program, this loss has not resulted in a large increase in our cost of insurance or in the cancellation of our coverage. - The LMCIT has been an exceptional value to the city over the last 11 years as evidenced by the following figures; Premiums paid into the program $1,555,391 less dividends paid to city 374,147 Net premium 1,181,244 Claims paid 1,126,051 Net program cost 55,193 Petro Fund If the city is in compliance with applicable PCA and EPA regulations and requirements for petroleum storage tanks, the state petro fund provides reimbursement for part of the costs of clean up and liability costs in the event of a leak or spill. Insurance coverage for the remaining costs and legal defense costs is available. The Council took out this coverage two years ago and at that time indicated that coverage would not be renewed after the installation of new fuel tanks. The new tanks were installed in 1994 and a quotation was not requested. Umbrella Policy Council did not budget for an umbrella liability policy nor has there been a recent request for or discussion of getting another umbrella policy. The city has not had an umbrella policy for about nine years. The League reports that about 25% of the cities insured have an umbrella policy. There is some exposure that may not be not covered by immunity, particularly in the area of federal legislation such as civil rights and discrimination. All of the coverages are from the League of Minnesota Cities Insurance Trust. The boiler and machinery policy was from the Hartford Co. last year but switched to LMCIT this year for a savings of $5,898. The policies of course are not prepared, but there is more detail available on the proposals for any Council member that desires it. Optional Coverage Quotations were not requested for the following coverages (same as last year) ; glass, signs, computer data, flood, earthquake, off premise power failure, garage keepers, volunteer accident, property belonging to others (this coverage was added for the civic center at a $75,000 limit) , asbestos removal liability (in excess of basic coverage of $250,000) and open meeting law defense. Action Requested Move to accept the property/liability insurance proposals of the League of Minnesota Cities Insurance Trust with a deposit premium of $175,806. is \finance\docs\insure\prplia96 IP CITY OF SHAKOPEE A COMPANY PREM I U M Co M P A R I S O N SUMMARY : 1996- 1997 1995-1996* PROPERTY $ 31 , 022 $ 27 , 392 INLAND MARINE $ 3, 516 $ 2 , 374 CRIME $ 1 , 436 $ 2 , 081 *MUNICIPAL LIABILITY $108 , 248 $129 , 544 ERRORS & OMISSIONS INCLUDED INCLUDED AUTOMOBILE $ 28 , 584 $ 32 , 913 BOILER & MACHINERY $ 3, 184 $ 9 , 082 TOTAL PREMUIM $175 , 990 $203 , 386 *Premiums at Inception of Policy & Does Not Include Interim Endorsements or Updates CITY OF SHAKOPEE LOSS HISTORY: Year # of Total Incurred Claims Loss 6-30-85/88 5 $128 , 481 8-30-86/87 12 $791 , 854 6-30-87/88 7 $ 21 , 152 6-30-88/89 10 $ 17 , 599 6-30-89/90 13 $ 34 , 527 6-30-90/91 10 $ 8 , 573 6-30-91/92 21 $ 38 , 554 6-30-92/93 17 $ 8 , 926 6-30-93/94 19 $ 57 , 758 8-30-94/95 6 $ 13 , 958 6-30-95/96 10 $ 4, 689 Dividend History : 1988 - $19 , 772 1989 - $33 , 202 1990 - $38 , 509 1991 - $81 , 144 1992 - $48 , 464 1993 $44 , 342 1994 - $51 , 983 1995 - $58 , 431 . • • • ii,, c- 6-;,ligEt911 t e of Minnesota Cities Insurance Trust �. • Property/Casualty Program Die 15 1995 C4PESIUS AGENCY INC SHAKOPEE / Premium and Dividend History - L 9250 $200 G 1 ( 1 ( 1 ' / „ // i 7 9150 b ! , I 2 I ; ' $loo � I � II `! I of !i � $50 - >.. i - Q , I L/1 ' j ,, i I r tjI I' "1)7 k I. 2-0—� '95 '94 '93— ^92 '91--'90— '89 '88 1 '87- -PemlUWlb - 3179,849 i $196,356 ' $184,879__' $179,712 $17998 1172,755-7-3189321 1 $1337415 I $160,508 1 Dlvideii _ —$56;431— SSfi383-3.4,1 •"' ' i1r47's3S569--$33 2O $T9,772 i $2 300 _ ------ _ —SHAKOPEE - ------- Premiums and Dividends since 1987 I $2,000 %._. / $1,500 91,555,391 l a c n,, $1'000 F ;- $500 -------- 500 --- /T $374,147 $0 G ,_ ------- �' / Premiums Dividends 1.2/MEMO TO: Barry Stock, Acting City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Approval of Extension Agreement with WSB &Assoc. for Completion of the Stormwater Management Plan DATE: June 13, 1996 MEETING DATE: June 18, 1996 INTRODUCTION: Attached to this memo is an extension agreement for professional services from WSB & Associates,to complete the Stormwater Management Plan for the City of Shakopee. This agenda item is for Council consideration on approving this agreement, and the attached scope of services for the completion of the Stormwater Management Plan. BACKGROUND: The City of Shakopee has prepared a Stormwater Management Plan, on a preliminary basis to meet the Surface Water Management Act, and to meet the stormwater regulations of the past few years. The City had entered into a contract with Orr-Schelen-Mayeron & Assoc. (OSM) to perform the professional services in preparing the Stormwater Management Plan. The draft plan was sent for comments to the various agencies and local government units as required by the Surface Water Management Act. The City did receive comments and concerns from the Prior Lake - Spring Lake Watershed District and the City of Prior Lake, in regard to the Stormwater Management Plan and the effect of the plan on these local government agencies. City staff did present the plan to City Council at a Committee of the Whole meeting on June 19, 1995. Council did provide comments to staff and asked for revisions on the language for certain policies. In addition to Council comments on the Stormwater Management Plan, staff has done a further review and would request additional revisions to clarify policies and procedures on the plan for implementation in future developments in the City. The firm of OSM has experienced a significant change in personnel that perform water resource and stormwater management work. Staff has asked for a proposal to complete the Stormwater Management Plan, and their costs would be at least $10,000.00 to revise the plan, as requested by staff. In addition, OSM would need to subcontract with WSB & Associates for an additional amount of$5,000.00, bringing the total cost of completing the Stormwater Management Plan to $15,000.00. The attached proposal from WSB & Associates to complete the plan will be at a total cost of not-to-exceed $7,900.00. WSB & Associates could complete this plan within three months upon notice to proceed. Upon completion of the work scope, the City will have an updated Stormwater Management Plan that meets the requirements of the Metropolitan Surface Water Management Act. Staff believes this project is long overdue and needs to be brought to fruition. The City's contract with OSM for the Stormwater Management Plan has been fulfilled, and an agreement with either OSM or WSB is necessary in order to complete this Stormwater Management Plan for final adoption and implementation. ALTERNATIVES: 1. Authorize the appropriate City officials to execute an extension agreement with WSB & Associates for professional services in completing the Stormwater Management Plan for the City of Shakopee. 2. Do not authorize an extension agreement with WSB &Associates at this time. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to complete the Stormwater Management Plan as required by the Metropolitan Surface Water Management Act and for use by the City for future development. Staff recommends the utilization of WSB & Associates to complete the work at a lower cost than OSM. ACTION REQUESTED: Authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for professional services in completing the Stormwater Management Plan for the City of Shakopee. BL/pmp WATER 350 Westwood Lake Office B.A.Mittelsteadt,P.E.Bret A.Weiss,P.E. WSB 8441 Wayzata Boulevard Peter R.Willenbring,P.E. Minneapolis, MN 55426 Donald W.Sterna,P.E. Ronald B.Bray,P.E. AMEMIIMIL 612-541-4800 &Associates,Inc. FAX 541-1700 June 10, 1996 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Estimate of Cost to Provide Engineering Services Storm Water Management Plan Revisions WSB Proposal No. 060.96 Dear Mr. Loney: According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2 (Major Projects), this extension agreement is written to provide you with an estimate of cost for engineering services for the above-referenced project. We are proposing to complete the work,as detailed on the attached scope of services, on a cost-reimbursable basis, not to exceed $7,900. We are available to begin revising the plan as soon as authorized by the City and we anticipate to be completed with our work within three months from the date of notice to proceed. The City of Shakopee agrees to reimburse WSB & Associates for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval,please sign below and return one copy to our office. Sincerely, B&Associates,Inc. Peter W. Willenbring, P.E. Acting City Administrator Vice President City Clerk Mayor Date c: Bret Weiss, WSB Infrastructure•Engineers•Planners EQLAL OPPORTUNITY EMPLOYER !•iwNwlvv koNuti'atuiho 96 061096 ar, - 350 Westwood Lake Office B.A.Mittelsteadt,P.E.Bret A.Weiss,P.E. ��B 8441Wayzata Boulevard Minneapolis, Peter 2 Willenbring,P.E. MN 55426 Donald W.Sterna,P.E. Ronald B.Bray,P.E. —_ 612-541-4800 &Associates,Inc. FAX 541-1700 June 7, 1996 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Completion of Comprehensive Storm Water Management Plan for the City of Shakopee WSB Proposal No. 060.96 Dear Mr. Loney: As requested, please find outlined below a work plan associated with completion of the Comprehensive Storm Water Management for the City of Shakopee. Task Estimated Hours Task 1 Provide verbal recommendations to staff regarding responses to review 12.00 comments made by City Staff and the City of Prior Lake concerning the CSMP. Task 2 Prepare for and attend a meeting with the City of Prior Lake to discuss concerns 8.00 relative to the City's Storm Water Management Plan. Task 3 Prepare for and attend meeting with the Prior Lake-Spring Lake Watershed 8.00 District to discuss the Storm Water Plan,and the outlet from Prior Lake to the Dean's Lake Outlet Channel. Task 4 Revise text in Storm Water Management Plan to address comments made at 20.00 previous meetings. As part of updating this plan, it is not anticipated it will be necessary to revise any figures, tables, or perform any revisions to the hydrologic model. Task 5 Prepare cover letter and send out revised text to Prior Lake-Spring Lake 12.00 Watershed District and the City of Prior Lake; reserve six hours to respond to comments. Task 6 ! Finalize text, and either update existing copies of Storm Water Management 30.00 Plan or provide additional copies so that 10 full copies of the plan are available, —_ including the Appendices,and 10 abbreviated copies are available. Total 90.00 Infrastructure•Engineers•Planners EQUAL OPPORTUNITY EMPLOYER t nPIS'n veovusu.nn 96.ona vn III Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee June 7, 1996 Page 2 In addition to the cost associated with the hourly activities outlined above, we also estimate that up to$750 in reimbursable expenses associated with report covers, color reproduction, etc. will be associated with this project. Based on this work effort, the total cost to complete this work plan is estimated at a not-to-exceed cost of$7,900. Upon completion of these activities, the City will have available copies of an updated storm water management plan that meets the requirements of the Metropolitan Surface Water Management Act. If you have any questions or suggestions for revisions, please do not hesitate to contact me at 541-4800. Sincerely, WSB &Associates,Inc. Peter R. Willenbring, P.E. Vice President F`i II PHA PROP()):I L'.IMa 9n 06,)-,,6 31 1c2 8E- M EMO R A N D U M TO: Barry A. Stock, Acting City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: On Sale Liquor License - Shakopee Ballroom and Banquet Center Inc. DATE: June 12, 1996 INTRODUCTION: Shakopee Ballroom and Banquet Center Inc. has applied for an on sale intoxicating liquor license for their location at 2400 East First Avenue. BACKGROUND : Mr. Chuck Fuller, President of Shakopee Ballroom and Banquet Center Inc. , has made application for an on sale intoxicating liquor license. Mr. Fuller currently holds a 3.2 beer license and will be replacing the beer license with the liquor license. (Mr. Fuller is not applying for a Sunday license at this time. ) Mr. Fuller's application and insurance are in order. Mr. Fuller is in compliance with the City Code, Section 5.32, Subd. 11, which requires a minimum investment for fixtures and structures exclusive of land in the amount of $350, 000 for a Class "B" license. Pursuant to City Council's direction, Mr. Fuller has included the square footage of the dance floor in calculating the area to be licensed. This square footage places his application into the Class B license category. There are two licenses available in this category. In conjunction with making application for a license, Mr. Fuller did apply for and was granted a conditional use permit for a minor commercial recreation. His use is now in conformance with the city code. The police department has conducted the customary background investigation and has found nothing to preclude the issuance of a license. ALTERNATIVES: 1. Approve application and grant license 2. Deny license 3 . Table for additional information Shakopee Ballroom and Banquet Center, Inc. June 12, 1996 Page -2- RECOMMENDED ACTION: Move to approve the application and grant an on sale intoxicating liquor license to Shakopee Ballroom and Banquet Center Inc. , 2400 East 4th Avenue. h:judy\fuller96 /QL MEMO TO: Barry Stock, Acting City Administrator FROM: Judith S. Cox, City Cler RE: Renewal of Non-Intoxicatin Malt Liquor Licenses DATE: June 14, 1996 INTRODUCTION The following businesses have applied for a 1996-97 On and/or Off Sale Non-Intoxicating Malt Liquor License. Staff has checked for delinquent property taxes and utility bills. The Building Inspector has advised me that some applicants have not called for their annual inspection, per City Code. Four applicants have not filed proper certificates of insurance evidencing the required liquor liability coverage. Approvals should be conditioned upon meeting all requirements of the City Code. ACTION REQUESTED Approve the application(s) and grant an On Sale and/or Off Sale Non-Intoxicating Malt Liquor License(s) , conditional upon compliance with all City Code requirements, to: Approve/ Table Applicant On Sale Off Sale Approve Superamerica Group - Division of Ashland Oil, Inc. X 1155 East 1st Avenue Approve Cedar Fair L.P. X One Valleyfair Drive Approve Holiday Stationstores, Inc. X 444 East 1st Avenue Approve Pizza Huts of the Northwest, Inc. X 257 Marschall Road Approve Twin Cities Stores, Inc. dba X (no cert. Oasis Market of ins. ) 615 Marschall Road Approve Raceway Park Inc. X One Checkered Flag Blvd. Approve/ Table Applicant On Sale Off Sale Approve Polka Dot Dairy, Inc. (no cert. Tom Thumb Food Markets X of ins. ) 590 So. Marschall Road Approve Fraternal Order of Eagles X Aerie #4120 220 West 2nd Avenue Approve Twin Cities Stores, Inc. dba X (no cert. Oasis Market of ins. ) 1147 Canterbury Road Approve Sene's Inc. X dba Imperial Wok 237 East 1st Avenue Approve Stonebrooke of Shakopee, Inc. X 2693 County Road 79 Approve Chin Yung Inc. X 1135 East First Ave. Approve Minnesota Valley Restoration X (no cert. Project of ins. ) 2187 E. Hwy 101 JSC/trw l.2. di MEMO TO: Barry Stock, Acting, City Administrator FROM: Judith S. Cox, City Clerk RE: Renewal of On Sale Wine License DATE: June 14, 1996 INTRODUCTION Cedar Fair L.P. has applied for 1996-97 On Sale Wine License. The application from Cedar Fair L.P. is in order. ACTION REQUESTED Approve the application and grant a On Sale Wine License to Cedar Fair L.P. , One Valleyfair Drive. JSC/trw l � MEMO TO: Barry Stock, Acting City Administrator FROM: Judith S. Cox, City Clerk RE: Renewal of Intoxicating Liquor Licenses DATE: June 14, 1996 Introduction The following applicants have applied for 1996-97 Liquor License(s) . Staff has checked for delinquent property taxes and utility bills. The building inspector has advised me that some applicants have not called for their annual inspection, per City Code. Two applicants have not file the proper certificate of insurance evidencing the required liquor liability coverage. Approvals should be conditioned upon meeting all City Code requirements. (Some establishments have been remodeled and expanded over the years. Applicants were asked to measure their customer used floor area this year and some license fees did increase as a result of this new information. ) Recommended Action Approve the application(s) and grant an Off Sale, On Sale, Sunday, and/or Club Intoxicating Liquor License(s) , conditioned upon compliance with all City Code requirements, to: Action Applicant On Sale Sunday Off Sale Club Approve Bretbecca, Inc. X X X (dba Pullman Club) 124 West 1st Avenue Approve Rock Spring Restaurant, Inc.X X X 1561 E. 1st Avenue Approve Babe's Place X X X 124 South Holmes Approve Canterbury Park (no cert. Concessions, Inc. X X X of ins. ) 1100 Canterbury Road Approve Dangerfield's Restaurant X X Inc. 1583 E. 1st Avenue Approve The Main Event of X X (no cert. Shakopee, Inc,. of ins. ) 911 East 1st Avenue On Sale Sunday Off Sale Club Approve MIN Hotel Corp. X X (dba Canterbury Inn) 1244 Canterbury Road Approve Turtle's Bar and Grill X X Inc. 132 East First Avenue Approve Corp - Tool, Inc. X X (Arnie's Friendly Folks Club) 122 East First Avenue Approve Pablo' s Mexican Restaurant X Inc. 230 South Lewis Street Approve Family Dining Inc. X 6268 Hwy 101 Approve Riverside Liquors, Inc. X 507 E. 1st Avenue Approve Valley Liquor, Inc. X 1104 Minn. Valley Mall Approve Spirits of Shakopee, Inc. X 471 Marschall Road Approve The American Legion X X Club Post No. 2 1266 East 1st Avenue Approve Knights of Columbus Home X X Assn. , Inc. 1760 East 4th Avenue Approve VFW Post #4046, Inc. X X 1201 East Third Avenue JSC/trw /2X TO: Barry Stock, Acting City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Capital Improvement Plan 1997 - 2001 Council Second Draft DATE : June 13 , 1996 Introduction Attached is the Capital Improvement Plan (CIP) for 1997 - 2001 for Council' s review - second draft. Background The following changes have been made since the first draft council discussed on June 4, 1996 . • Salt shed moved from 1998 to 1999 . • Three projects for O'Dowd Lake park have been moved up one year. • Webster Street sewer project deleted. • River front and Huber Park items were duplicate items and costs have been adjusted. • Park dedication fees in the financial projection for the Park Reserve Fund have been increased to $55, 000 from $40, 000 . Attached (C) is revenue history for the past 10 years . • Mark McQuillan will have an update on the status of the proposed $450, 000 park land purchase. • Mark McQuillan may have an update on the status of the proposed Upper Valley Trial bridge (s) . • The survey of level of fire department is underway but information is not available yet . • The debt service tax levy projection included with the first draft CIP for council already had street reconstruction projects spread out longer to reduce the tax levy from the original project proposals submitted by staff . Bruce Loney will prepared to discuss the project timing and pavement condition projections based on the new pavement management system the city acquired. Street reconstruction is the primary element in the projected tax levy besides the fire department issues. • Attached is an alternate graph (A) of projected tax levy with the fire station, two sites and two pumpers included in a 20 year bond with an annual levy of about $185, 000 versus the original graph with just the station in a 15 year bond with a annual levy of about $155, 000 . Attached is an alternate graph (B) of projected tax levy with the 1996 - 2000 level of projects for tax levy support projected out another five years. If the same level of tax levy (reconstruction) continues, there appears to not be a hump in the short term that we will get past . (The fire station only levy is at $155, 000 for 15 years) . Action Requested Council is requested to continue discussion of the CIP and give staff direction on; 1 . Tax levy amounts (years and what costs included) for the fire referendum. 2 . Tax levy level for other (street) projects . 3 . 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Z8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03 I,- (p Li) V' M N e— , Bases for 1997 GO Fire Bond: Purchases: 1996 Fire station-site acquisition $ 120,000 1997 Fire station#2 $ 1,500,000 1997 Fire station -site 1.1 $ 50,000 1997 Pumper $ 300,000 1998 Pumper $ 300,000 Total $ 2,270,000 percentage 0.05 years to pay 20 calculated yearly payment 182,151 yearly payment estimate $ 185,000 , . cr) tt) .— 0 -0 > • c a) 5 o ._i a) in a) T3 it. a) n5 •—, ,... •c! 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Block 174, Original Shakopee Plat, is located along Webster Street between 3rd Avenue and 4th Avenue. DISCUSSION The City has received a petition for the vacation of an alley extending the entire width of Block 174, Original Shakopee Plat,from Edman O'Brien Partnership. This alley is located along Webster Street between 3rd Avenue and 4th Avenue. The attached resolution sets a public hearing for July 16, 1996. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for their consideration. This is a routine housekeeping item. ACTION REQUESTED Offer Resolution No. 4454, A Resolution Setting the Public Hearing Date to Consider the Vacation Of Right-Of-Way, and move its adoption. i:\commdev\cc\1996\cc0618\vacpheo.doc RESOLUTION NO. 4454 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF RIGHT-OF-WAY WHEREAS, it has been made to appear to the Shakopee City Council that the right-of-way located within Block 174, Original Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota, serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, THEREFORE, BE IT RESOLVED BY 'THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 16th day of July, 1996, at 7:00 P.M. or thereafter, on the matter of vacating the right-of-way located within Block 174, Original Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney L43 /)MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorn ,'( DATE: June 5, 1996 RE: Cable Franchise Agreement Amendment BACKGROUND: Ordinance No. 453 was brought before the City Council on May 28, 1996 . At that time it was tabled in order to give Paragon Cable an opportunity to provide comments . Paragon Cable officials met with City staff on May 5, 1996, to discuss the ordinance. The ordinance was revised to clarify the dates, to delete broadcaster liability insurance (which the cable company cannot provide) and to guarantee the City a minimum franchise and dedicated channel, even if no other competitor of the cable company is providing these items . With these changes, the ordinance now is ready for adoption. ALTERNATIVES : 1. Adopt Ordinance No. 453, amending the cable franchise ordinance. 2 . Do not adopt Ordinance No. 453 . RECOMMENDATION: Move to adopt Ordinance No. 453, an ordinance amending the Cable Communication Franchise ordinance. [5MEMO] ORDINANCE NO. 453, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING ORDINANCE NO. 100, THE CABLE COMMUNICATION FRANCHISE ORDINANCE, AS AMENDED BY ORDINANCE NO. 308, BY REPEALING SECTION 16, MODIFICATIONS, AND ENACTING TWO NEW SECTIONS RELATING TO MODIFICATIONS AND TO COMPETITION. WHEREAS, the City Council adopted Ordinance No. 100, which became effective on September 7, 1982, granting a cable television franchise; and WHEREAS, the City Council adopted Ordinance No. 344, which became effective on March 15, 1991, amending the deferral section of Ordinance No. 100; and WHEREAS, the City Council wishes to further revise the former deferral section, which is now termed Modifications, and also adopt a new section relating to competition. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the Cable Communication Franchise Ordinance, Ordinance No. 100, is hereby amended by deleting Section 16, Modifications, and adopting one new Section in lieu thereof, which shall read as follows: SECTION 16 . MODIFICATIONS. 16 . 01 . Public Access . In lieu of Grantee' s obligation to provide public access and local programming equipment, support and funding as set forth in Section 5 . 05 of this Franchise and Form K of Grantee' s proposal and as fulfillment of those obligations until the expiration of this Franchise, for a fivc year period of time commencing with the effectiveness of this Section, an Agreement shall be entered into between Grantee and the Shakopee Community Access Corporation ("SCAC" ) acceptable to SCAC which acknowledges fulfillment of local access and other local programming support to the satisfaction of SCAC on terms and to the extent set forth in the Agreement . All obligations in Section 5. 05 of this Franchise and Form K of Grantee' s proposal regarding access and local programming support, to the extent not required under any Agreement between the Grantee and SCAC pursuant to this Section, are, upon receipt by the City of report from SCAC that a satisfactory Agreement, as authorized herein, has been entered into, are hereby deferred until October 26, 2002 (the expiration of the Franchise) . April 1, 199G, unless, upon execution of an additional Agreement between Crantcc and CCAC, City determines to extend this deferral until some later date. In the event the deferral act forth herein i3 not extended by City, all obligations of Crantcc act forth in Section 5 . 05 of full force and effect and e €orec b-le -upon Crantcc as of April 1, 1996 . All obligations set forth in this Section 16 . 01 are expressly conditioned upon Grantee providing Certificate of Insurance or other evidence satisfactory to City that Grantee has insured SCAC and City for broadea3tcr' 3 liability and other general liability related to the public access commitment set forth in this franchise and an Agreement between SCAC and Grantee as well as replacement Insurance in a form and manner acceptable to City covering all public access programming equipment and studios which are the subject of this Franchise or any Agreement between SCAC and Grantee. 16 . 02 . Institutional Network Deferrals . All unmet obligations, as of April 1, 1996 1991, set forth in Section 5 . 03 of this Franchise and Grantee' s Proposal regarding institutional network capacity and services, are hereby deferred until the expiration of the Franchise April 1, 199G . Grantee shall be allowed, during the term of deferral set forth herein, an annual maintenance fee of $1000 . 00 per activated channel (up and down) pursuant to that Annual Lease entered into by the affected institution and Grantee. The maintenance fee shall not exceed $1000 . 00 per year during the five-year deferral set forth herein. Note: The otrickcn language is deleted; the underlined language is inserted. Section 2 - That the Cable Communication Franchise Ordinance, Ordinance No. 100, is hereby amended by adopting one new Section relating to competition, which shall read as follows : 4 . 12 . Competition. A. Any additional or subsequent franchises granted to cable or non-cable companies who may compete with the Franchisee within the City limits will be granted only on the same terms and conditions as this Franchise and shall not contain less burdensome or more favorable terms than those imposed on Franchisee by this Franchise. B. The City and Franchisee agree that all regulations to which Franchisee is subject, including but not limited to those set forth in this franchise, are effective against the Franchisee only if such regulations are applied as well to any and all wired competitors of the Franchisee within the City limits . For purposes of this subsection, wired competitor shall include any multichannel video provider which uses wires, coaxial cables, optical fiber or other similar technology and places or attaches such wires, cables or fibers on public property or public utility facilities . This definition of wired competitor would not include a Satellite Master Antenna Television System located wholly on 2 private property within a building. Any regulation enforced by the city upon Franchisee which is not also imposed upon Franchisee' s wired competitors, shall be void as to Franchisee. C. Notwithstanding the effect of anything set forth in this Section 4 . 12, the existence of a wired competitor shall not relieve Franchisee of an obligation to provide the annual minimum franchise fee of 3% of Gross Operating Receipts and at least one channel dedicated for public, educational, and governmental access use. Section 3 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 4 - 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 , 1996 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: pp LrArr Amk,i4 dcb, City Attorney Published in the Shakopee Valley News on the day of , 1996 . [5MEMO) ■ 3 13 c EXPLANATION TO ORDINANCE 456 ORIGINATING DEPARTMENT: Law Department PURPOSE: To repeal City Code Sec. 2 . 05, Subd. 3 . REMARKS: City Code Sec. 2 . 05 contains provisions relating to the City Administrator. Subdivision 3 describes appointment and removal of the City Administrator. It reads as follows : Subd. 3 . Appointment and Removal. The City Administrator shall be appointed by the Council for an indefinite term. The City Administrator shall not be removed except by affirmative action taken by the Council twice at two regular meetings held within sixty (60) days . The action taken at the first such meeting shall be an expression of intent to vote thereon at the second such regular meeting not to be held sooner than ten (10) days thereafter. If, at any time after the City Administrator has completed six (6) months of continuous service, the Council takes such action, the City Administrator may within thirty (30) days after written notice of removal, request a public hearing which the Council must grant and which must be started within thirty (30) days after the request. The former and incoming City Administrators have negotiated different provisions in their contracts, and therefore the conflicting provisions of the City Code should be repealed. This ordinance does that. ALTERNATIVES: 1. Repeal City Code Sec. 2 . 05, Subd. 3 . 2 . Do not repeal City Code Sec. 2 . 05, Subd. 3 . ACTION REQUESTED: Offer Ordinance No. 456, an ordinance repealing City Code ,Sec. 2 . 05, Subd. 3, and move its adoption. Submitted by: 1/ I City Atto ney [7MEMO3] ORDINANCE NO. 456, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 2, ADMINISTRATION AND GENERAL GOVERNMENT, SEC. 2 . 05, CITY ADMINISTRATOR, BY REPEALING SUBD. 3, APPOINTMENT AND REMOVAL. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 2, Administration and General Government, Sec. 2 . 05, City Administrator, is hereby amended by repealing Subd. 3, Appointment and Removal . 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 , 1996 . Mayor of the City of Shakopee Attest: City Clerk 4116_ ��// Approved as to form: : !� � _ 1 City Attorney Published in the Shakopee Valley News on the day of , 1996 . [7MEMO3]• i5c1 MEMO TO: Barry A. Stock, Acting City Administrator FROM: Bruce Loney, Public Works Director 84 SUBJECT: Maras Street, from C.R. 18 to 13th Avenue DATE: June 12, 1996 MEETING DATE: June 18, 1996 INTRODUCTION: Attached is Resolution No. 4435, a resolution receiving a report and calling a hearing on an improvement for Maras Street, from 13th Avenue to County Road (C.R.) 18. BACKGROUND: On June 7, 1994, Resolution No. 4016 which ordered the feasibility report preparation for Maras Street, from 13th Avenue South, to connect with C.R. 18 or other adjacent City streets was adopted by the City Council of Shakopee. This project was included in the 1995 Capital Improvement Program and is now ready for Council consideration. Maras Street is a private street serving non-sewered industrial development on the east side of the City of Shakopee. In 1989, the City Council determined that due to the development of this road and property adjacent to it, and due to the concern about emergency vehicle access being available throughout the entire year, this road should become public and improved to City Standards. Consequently, the Council revisited the City Code to prohibit any further building permits on private roads and now the City Code requires property to abut a public street before receiving a building permit. The main difficulty in preparing the feasibility report has been in determining where to make a street connection, in order to come into compliance with the City's Code on overlength cul-de-sacs, and also due to the complexity of obtaining the right-of-way for Maras Street from some of the parcels. In addition, this street and property along Maras Street, is within the Eagle Creek Watershed District and requires extra preparation to deal with the sensitive environmental area. Along Maras Street, the two main problems that can be resolved by upgrading to public street standards, would be the elimination of a gravel dust problem and providing a positive drainage system for properties in this area which does not exist currently. Recently, there have been property transfers in which one person has obtained much of the property along the west and south ends of Maras Street and possible connection to C.R. 18. Mr Eugene Hanson, of Clean Sweep, has purchased much of this property and staff has been working with Mr. Hanson on his conditional use permit to expand his building, and to allow room for possible road connection from C.R. 18 to Maras Street. Staff has included alternatives of roadway alignment of Maras Street to C.R. 18 or other adjacent City streets. The roadway connection from Maras Street to the Clean Sweep parcel is the best alternative, in stars opinion, due to the fact that the roadway connections are in an entirely industrial zoned land. The City of Savage has recently completed developments to the east of this area and there are no roadway connections that have been provided to this area. A roadway connection to the south, through residential property, would more than likely be viewed unfavorable by residents in that area and would connect residential property with industrial property. The attached resolution sets the date for the public hearing for this project for July 16, 1996. Their approval of Resolution No. 4435, does not order the project nor does it commit the Council to constructing any improvements. The intent of this resolution is to accept the feasibility report and set the public hearing date. The public hearing will allow the property owners adjacent to the project area and the general public an opportunity to address the City Council on the project. Staff will make a brief presentation at the June 18, 1996 Council meeting, to provide an overview of the project and the feasibility report. Staff will make a full presentation at the July 16, 1996 Council meeting on the feasibility report at the public hearing. ALTERNATIVES: 1. Adopt Resolution No. 4435. This action will receive the feasibility report and set the date for the public hearing for July 16, 1996. 2. Deny Resolution No. 4435. This action will halt the project until such time as City Council reconsiders the resolution. 3. Table Resolution No. 4435, to allow time for staff to prepare additional information as directed by City Council. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 4435, as this would allow for a public hearing and public input on the proposed improvements to decide whether or not this project should move forward for the 1996 construction season. ACTION REQUESTED: Offer Resolution No. 4435, A Resolution Receiving a Report and Calling a Hearing in an Improvement to Maras Street, from 13th Avenue to County Road 18, Project No. 1996-4 and move its adoption. BL/pmp MEM443 5 ' FEASIBILITY REPORT FOR ' IMPROVEMENT OF ROADWAY SERVING LOTS OF RECORD EAST OF COUNTY ROAD 18 IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 115 SOUTH, ' RANGE 22 WEST SCOTT COUNTY, MINNESOTA 1 1 1 1 I 1 ' I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered ' Professional Engineer under the laws of the State of Minnesota. derr Date ‘40.‘' Registration No. 17590. t ' JUNE 1996 I I I I I I I I I I I I I I I I I I I I CONTENTS IMPROVEMENT OF ROADWAY SERVING LOTS OF RECORD EAST OF COUNTY ROAD 18 ' IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 115 SOUTH, RANGE 22 WEST SCOTT COUNTY, MINNESOTA 1 Description Page No. Introduction 1 Background 1 ' Scope 1 P ' Alternatives 1 Discussion 2 -4 Proposed Improvements 5 Cost Estimate 5 ' Funding& Special Assessments 6 Conclusion 6 -7 Appendix 1 1 I I I INTRODUCTION I City Council of the City of Shakopee, Minnesota ordered the preparation of a feasibility Ireport by Resolution No. 4016 on June 7. 1994, for the improvement of a roadway serving properties in the above referenced area. I BACKGROUND I This roadway, Maras Street, is located east of County Road (C.R.) 18 and south of 13th IAvenue east. Maras Street is currently considered a private road. In 1992, the City began acquiring road right-of-way from individual parcels along Maras Street. As a private road, the City does not perform any maintenance or snow plowing on the street. 1 I SCOPE I This report has investigated the feasibility of constructing a public street to serve properties located on Maras Street. Alternative alignments including excess length cul- de-sac, and connection to C.R. 18 and 16th Avenue were studied. Any roadway Iimprovement in this area will also require storm sewer improvements, water quality and quantity pond to meet the latest storm water management requirements as this area is in the Eagle Creek Watershed. This area being outside MUSA boundaries precludes Isanitary sewer and water improvements at this time. 1 ALTERNATIVES IThis report considers four roadway alignment alternatives. • Alternate 1 is the construction of an excess length cul-de-sac matching the length Iof the existing non-paved roadway. I • Alternate 2 is the construction of Maras Street connecting with 16th Avenue (Boiling Springs Lane)to the south. I • Alternate 3 is construction of Maras Street in its existing location with an east- west connection to County Road 18. I • Alternate 4 is to do nothing. I I 1 de-sac size appropriate for truck turn around to blunt the excess length issue. By only constructing an overlength cul-de-sac, allowing further development in this area is I questionable. Reviewing the overall project area. Alternative No. 3 with a road connecting to C.R. 18 is the most desirable and serves the most property. Also this alternative has the lower assessment rate per front foot due to a larger project area 1 spreading the cost of the roadway improvement. Other issues associated with this project include: I William Brothers • Utility relocation costs of a 12" major gas main owned by it o IPipeline. • Storm water discharge into Savage. • Rural versus urban roadway in a rural service area. 1 • City responsibilities of maintenance if no project is ordered. • Right-of-way acquisition. 1 ISSUE NO. 1 - UTILITY RELOCATION A major gas pipeline crosses Maras Street. Cost of lowering this gasmain will be a I project cost. A preliminary estimate, based on lowering the road four feet, would cost approximately $50,000.00 to $100,000.00 plus according to William Brothers Pipeline officials. A roadway meeting vertical sight distance design criteria could be built over Ithe pipeline with a storm sewer system going under the pipeline. At this time, lowering of the pipeline is not recommended if the roadway vertical alignment can meet City 1 Standards and a storm sewer system can be installed. I ISSUE NO. 2 - STORM WATER DISCHARGE INTO SAVAGE This area is in the Eagle Creek Watershed and no storm water discharge into Eagle Creek Iis permitted. The City of Savage has constructed a storm drainage system to divert water away from Eagle Creek and will be asking the City of Shakopee to pay for use of this I storm drainage system. Staff is recommending to construct a storm water pond to treat the storm water and to minimize the rate to existing conditions. Ultimately, a larger pond will be necessary to reduce the rate to 10 cubic per second which is the outlet rate I designed by Savage as per the Eagle Creek Watershed Study done by the City of Shakopee. A larger pond becomes necessary upon the development of other regional commercial area proposed by Shakopee Crossings and as designated by the proposed IComprehensive Plan. Cost of the storm drainage system and pond to treat storm water I2 I I DISCUSSION I As evidenced by the dedication of right-of-way by most of the property owners, a public Istreet is desired. Due to the lack of an adequate drainage system and water ponding, minor flooding occurs regularly. With a gravel surfaced road, the amount of traffic using I the road and close proximity of the businesses to the road, dust to nearby properties and businesses is a nuisance to the area. Therefore, Alternate 4, to do nothing is not realistic. I The construction of Maras Street in its existing location, plus a connection to C.R. 18 would be desirable from the City's perspective. This alignment would eliminate an excess length cul-de-sac. This alternate is problematic in that the area between Maras I Street and C.R. 18 is designated wetlands (See Maps in the Appendix). Commercial parcels on C.R. 18 are all developed properties. Obtaining right-of-way on any of those properties would be expensive and would create hardship on the conduct of the affected Ibusinesses. Roadway connecting to C.R. 18 would not be a benefit to any property located on C.R. 18. Due to right-of-way acquisition costs and the cost of crossing designated wetlands, Alternate 3 would be the most expensive alternate, however, this Ialternative would also serve the most property and would provide an additional public access for emergencies. IIn recent weeks, staff has met with the owner of P.I.D. No. 27-912022-0. A wetland delineation has been done on this parcel and no wetlands exist on the site except on the I extreme southeastern portion of the site. Significant soil correction is needed to construct a road, however, expensive wetland mitigation is not needed. Recent property transfers has one property owner owning much of the property near the south end of Maras Street. I Right-of-way acquisition is needed to construct the road connection to C.R. 18, and the storm drainage system and ponding for the area. Construction of an east-west road to Maras Street would permit future subdivision of land, east of Maras Street. l Analignment li nment which would extend the existing Maras Street south to 16th Avenue was also studied. The connection of Maras Street to 16th Avenue would also cross designated Iwetlands. The existing 16th Avenue is a street serving a residential neighborhood. Traffic using Maras Street will be primarily truck traffic based on the businesses located I there. 16th Avenue would have to be structurally upgraded to withstand traffic generated by the Maras Street businesses. Property owners on 16th Avenue would no doubt object to this alternative. Due to the problems associated with connecting a residential area to a Icommercial area,this alternate is not recommended. It would appear that the construction of Maras Street on its existing alignment would be I the least expensive, however, the City would inherit an excessive length cul-de-sac. This alternate would result in an approximately 1,725 foot long cul-de-sac, which would exceed the Shakopee limit of 1,000 feet. This report recommends construction of a cul- ' 3 and control the runoff rate for Maras Street will be included as part of the roadway costs. Oversizing costs of the storm sewer system and ponding for areas outside the Maras Street area will be paid for by the City's Storm Drainage Fund. Excavation for the ponding needed for this project could be utilized in the construction of the roadway from C.R. 18 to Maras Street. This roadway area has three feet of poor soil that will be removed in order to build a City street. ISSUE NO. 3 - RURAL VS. URBAN ROADWAY ' Due to existing development of property along Maras Street, it is being recommended to use an urban roadway section with concrete curb and gutter versus rural section. The cost of an urban section is essentially the same as a rural section in this area. Also an urban section would be able to match the existing properties easier and would provide better drainage than ditches. The east-west connection road to C.R. 18 is proposed to be urban to match the roadways within this developed area. ISSUE NO. 4 - CITY RESPONSIBILITIES OF MAINTENANCE ' If a public road improvement project is denied by Council, the maintenance of the road should revert to the property owners again. Previously Council action has revised the ' City Code to prohibit any further building permits on private roads and requires property to abut a public street before receiving a building permit. The reasons for this project is to upgrade the existing gravel road to public standards for City maintenance and to allow building permits on property in this area. ISSUE NO. 5 - RIGHT-OF-WAY ACQUISITION Additional right-of-way easements is necessary to build the improvement on Maras ' Street, for the storm drainage system and pond, and the east-west connection road to C.R. 18. Any cost of right-of-way acquisition will be included in the project cost. Most of the ' property owners have dedicated right of way for no compensation. Two easements are still needed along Maras Street from property owners and the entire street right of way, storm sewer and ponding easements need to be obtained. Staff would recommend utilizing recent property purchase information or obtain appraisals for the purchasing of property within this project. Staff would recommend authorizing eminent domain proceedings if this project is approved at the public hearing. 4 1 PROPOSED IMPROVEMENTS A. Roadway The existing roadway is a gravel surfaced road with undefined ditches and no positive drainage outlet for most of the project assessment area. It is proposed to construct a street to a pavement width of 36 feet with concrete curb and gutter. ' B. Storm Sewers A new storm sewer sytem will be needed to improve the street drainage and provide for a positive outlet under the William Brothers Pipeline. An emergency overflow system will be provided as part of this project. ' C. Storm Water Ponding Since this area is in the Eagle Creek Watershed, and with the new storm water requirements on water quality, storm water ponds are needed to reduce the runoff to Savage to existing conditions and to meet the water quality standards adopted ' by the City. ' COST ESTIMATE A detailed cost estimate can be found in the Appendix. A summary of the estimated costs are as follows: 1 Street $ 248,321.56 Storm Sewer $ 128,837.50 ' Storm Water Ponding $ 110,000.00 Right of Way Acquisition $ 40.000.00 ' GRAND TOTAL $ 527,159.06 5 ' SPECIAL ASSESSMENTS Street Portion ' It is proposed to special assess 100% of the street construction costs including right of way acquisition to those properties abutting the project limits based upon front footage. A complete assessment roll and assessment calculations for Maras Street and east-west ' connection to C.R. 18 can be found in the Appendix. Storm Sewer & Storm Water Ponding For new storm sewers associated with a new street, the storm drainage facilities including right of way acquisition will be assessed at 100% to the abutting property owners to Maras Street and the east-west connection to C.R. 18, based upon a front footage assessment. If the facilities are oversized to accommodate drainage from areas outside the project assessment area, the City will pay for the oversizing from the Storm Drainage Fund. FUNDING SOURCES ' Assessment $409,374.06 Storm Drainage $117,785.00 ' TOTAL PROJECT COST $ 527,159.06 CONCLUSIONS ' This street is a marginal gravel surfaced road and needs to be constructed to City Standards in order for the City to maintain the roadway. Drainage improvements are needed to provide a positive outlet and flood protection on properties. This report concludes that street and storm water improvements are necessary. • To convert the roadway from a private road to a public street. • To provide for a storm water drainage system to protect buildings and property. ' 6 1 1 • To eliminate the dust associated with a gravel surfaced road. • To eliminate an overlength cul-de-sac and provide an emergency route to CR 18. 1 and this project is cost effective and feasibile from an engineering standpoint and as stated in this report. i 1 1 1 1 t 1 1 1 1 1 i 1 1 1 1 1 1 APPENDIX 1 ' Description Page No. 1 Cost Estimates 1 - 4 Project Location Map 5 Maras St. Connection to C.R. 18 6 Maras St. Cul-de-Sac 7 Maras St. Assessment Map 8 Maras St. Assessment Roll 9 - 10 1 1 1 1 1 1 1 i 1 1 IMARAS STREET 1 PRELIMINARY COST ESTIMATE ICONNECTION TO COUNTY ROAD 18 UNIT TOTAL' .... ITEM,NO, ,' DESCRIPT/ONs'45' [!NITS .QTY , PR/CE% W,PRICE ,,,- 1 Common Excavation C.Y. 8250 $ 4.50 $ 37,125.00 2 Class 5(8") TONS 5290 $ 6.50 $ 34,385.00 I 3 2331 Base Course(2") TONS 1300 $ 23.00 $ 29,900.00 4 2341 Wear Course(1 1/2") TONS 975 $ 24.50 $ 23,887.50 1 5 Curb&Gutter L.F. 6300 $ 6.00 $ 37,800.00 6 Sod S.Y. 7000 $ 2.50 $ 17,500.00 1 7 12"RCP L.F. 75 $ 20.00 $ 1,500.00 8 15"RCP L.F. 70 $ 24.00 $ 1,680.00 I9 30"RCP L.F. 1500 $ 45.00 $ 67,500.00 10 36"RCP L.F. 140 $ 48.00 $ 6,720.00 1 11 15"FES EA. 6 $ 1,100.00 $ 6,600.00 12 36"FES EA. 4 $ 1,500.00 $ 6,000.00 1 13 Catch Basin EA. 2 $ 650.00 $ 1,300.00 I 14 Catch Basin Manhole EA. 2 $ 1,200.00 $ 2,400.00 15 Pond Excavation C.Y. 20000 $ 4.00 $ 80,000.00 I Total Costs $ 354,297.60 Plus 10%Contingency $ 35,429.75 Subtotal $ 389,727.25 I Plus 25%Engr/Admin. Fees $ 97,431.81 TOTAL EST.COSTS $ 487,159.06 IOversizing Costs for Storm Sewer Piping and Ponding= $ 98,285.00 CITY RIGHT OF WAY ACQUISITION COSTS FOR OVERSIZE PONDING= $ 19,500.00 ITOTAL STORM SEWER FUND COSTS= $ 117,785.00 ITOTAL CONSTRUCTION AMOUNT TO BE ASSESSED= $ 388,874.06 RIGHT OF WAY ACQUISITION COSTS TO BE ASSESSED= $ 20,500.00 IGRAND TOTAL ASSESSED= $ 409,374.06 I1 IMaras Street-Connection to C.R. 18 ICost Estimate for Storm Sewer and Pond Oversizing IStorm Sewer Feasibilty Report Size Size Needed For Assessed Area IDescription Unit Quantity Unit Price Total Description Unit Quantity Unit Price Total I 30"RCP L.F. 1500 $45.00 $67,500.00 24"RCP L.F. 1500 $29.00 $43,500.00 I36"RCP L.F. 140 $48.00 $6,720.00 27"RCP L.F. 140 $36.00 $5,040.00 36"FES EA. 2 $1,200.00 $2,400.00 27"FES EA. 2 $800.00 $1,600.00 I $0.00 TOTAL $76,620.00 TOTAL $50,140.00 I $76,620.00 I $50,140.00 OVERSIZING COST OF STORM SEWER TO BE PAID FOR WITH STORM DRAINAGE UTILITY= $26,480.00 IPONDING Feasibilty Report Size Size Needed For Assessed Area I Description Unit Quantity Unit Price Total Description Unit Quantity Unit Price Total POND EXC. C.Y. 20000 $4.00 $80,000.00 POND EXC. C.Y. 7000 $5.00 $35,000.00 I $80,000.00 $35,000.00 IOVERSIZING COST OF PONDING TO BE PAID FOR WITH STORM DRAINAGE UTILITY= $45,000.00 ITOTAL CONST.COST OF OVER SIZING TO BE PAID FOR WITH THE STORM DRAINAGE UTILITY FUND= $71,480.00 10%Contingency Amount $7,148.00 ISub Total= $78,628.00 25%Eng/Admin $19,657.00 IGRAND TOTAL COST OF OVER SIZING TO BE PAID FOR WITH THE STORM DRAINAGE UTILITY FUND= $98,285.00 I I 1 2 IMARAS STREET IPRELIMINARY COST ESTIMATE ICUL-DE-SAC UNIT :TOTAL .•. ITEM NO '-'- ,�DESGRIPTION__ ._w�,:UNITS QTY. PRICE _. P,RICE., Common Excavation C.Y. 3750 $ 4.50 $ 16,875.00 Ii 2 Class 5(8") TONS 4000 $ 6.50 $ 26,000.00 3 2331 Base Course(2") TONS 895 $ 23.00 $ 20,585.00 I4 2341 Wear Course(1 1/2") TONS 675 $ 24.50 $ 16,537.50 1 5 Curb&Gutter L.F. 4130 $ 6.00 $ 24,780.00 6 Sod S.Y. 4400 $ 2.50 $ 11,000.00 I7 15"RCP L.F. 110 $ 24.00 $ 2,640.00 8 30"RCP L.F. 1420 $ 45.00 $ 63,900.00 I9 30"FES EA. 1 $ 1,100.00 $ 1,100.00 10 Catch Basin EA. 3 $ 1,100.00 $ 3,300.00 I11 Catch Basin Manhole EA. 3 $ 1,500.00 $ 4,500.00 12 Pond Excavation EA. 20000 $ 4.00 $ 80,000.00 I Total Costs $ 271,217.50 IPlus 10%Contingency $ 27,121.75 Subtotal $ 298,339.25 IPlus 25%Engr/Admin. Fees $ 74,584.81 TOTAL EST.COSTS $ 372,924.06 Oversizing Costs for Storm Sewer Piping and Ponding= $ 20,630.50 ICITY RIGHT OF WAY ACQUISITION COSTS FOR OVERSIZE PONDING= $ 19,500.00 TOTAL STORM SEWER FUND COSTS= $ 40,130.50 I TOTAL CONSTRUCTION AMOUNT TO BE ASSESSED= $ 352,293.56 IRIGHT OF WAY ACQUISITION COSTS TO BE ASSESSED= $ 10,500.00 I GRAND TOTAL ASSESSED= $ 362,793.56 I3 1 Maras Street-Cul-de-sac Cost Estimate for Storm Sewer and Pond Oversizing I Storm Sewer Feasibilty Report Size Size Needed For Assessed Area Description Unit Quantity Unit Price Total Description Unit Quantity Unit Price Total ' 30"RCP L.F. 1420 $45.00 $63,900.00 24"RCP L.F. 1420 $29.00 $41,180.00 30""FES EA. 1 $1,100.00 $1,100.00 27"FES EA. 1 $800.00 $800.00 TOTAL $65,000.00 TOTAL $41,980.00 ' $65,000.00 $41,980.00 ' OVERSIZING COST OF STORM SEWER TO BE PAID FOR WITH STORM DRAINAGE UTILITY= $23,020.00 IPONDING Feasibilty Report Size Size Needed For Assessed Area ' Description Unit Quantity Unit Price Total Description Unit Quantity Unit Price Total POND EXC. C.Y. 20000 $4.00 $80,000.00 POND EXC. C.Y. 7000 $4.00 $28,000.00 1 $80,000.00 $28,000.00 OVERSIZING COST OF PONDING TO BE PAID FOR WITH STORM DRAINAGE UTILITY= $52,000.00 TOTAL COST OF OVER SIZING TO BE PAID FOR WITH THE STORM DRAINAGE UTILITY FUND $75,020.00 10%Contingency Amount $7,502.00 Sub Total= $82,522.00 25%Eng/Admin $20,630.50 GRAND TOTAL COST OF OVER SIZING TO BE PAID FOR WITH THE STORM DRAINAGE UTILITY FUND= $103,152.50 I 4 I11 , -,-...7---- 1 .._____ _ __ - ----_------------ .--. \'\' I -,_ , . - , , .,'• FL-1E --- -, . ---:— Ir. --- N \ ILE / ----1-1 I ..7.:-Ek AvE I , ‘,_\ ,s.>7,., I 1 I '",,,'--- ,1 I 1 -:----";-;', 11* I .''-_,'-' . \ •,--.s 71-,,N i PROJECT LOCATION I 1 , „ - ,.. - li,,,,,,,.,,,,,,,, I i 1 , ELUE LAkE ...00011111r NI ti SuniAilatu I i:. ,,,V '411-111k'"t N-1 r _ r --........— , , I _ ,/ , ; -- _,v_rj-N. no.,,TuRAL „,,,: ,Iv„ y,4 G PIP4'444- . 4; I ,i 1 \'1 Z°, — BOILISTREET H I 'EL•i, ''' NG m --k---Go =';•-' ---------- N y ) i • c.r. 1.. g “CGUIRE HDRIZEN _GulK . — PL 1---- 1% II \ I , 1 '0 DR/v ,5' ,,,,,_._,....._EL _ 1,‘ .R.FINDALE Da fLe 1 ------j ,,_ _____Z---------1,_______/ ,5f _ 1 I ', 1 < i'<- i .,,,„/..i ,, ,-( ,...._ _____ (i;'-- 1 — I , j -----j r — I r 4 '-1 ( , PIKE LAE_ .. 5 I - - IHI 1 I v A\E r:•>.\ _____7_ 1 til u A S I 1' 1 ` � � � � ASE 1 G7. 1 1 ST ADD' N . .,.. \- ---, '\'''''''‘,.' 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I I 3 J2) MEMO TO: BarryStock, Acting City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Trunk Sanitary Sewer for Areas"SS-H"& "SS-D" DATE: June 11, 1996 MEETING DATE: June 18, 1996 INTRODUCTION: On February 20, 1996, City Council approved a motion to direct staff to begin work on the feasibility report, for Trunk Sanitary Sewer"SS-H"& "SS-D". This sanitary sewer is located south of the bypass and serving areas between County State Aid Highway 17 and County Road 83. Staff has completed the feasibility report and is asking Council consideration for moving forward on the project. BACKGROUND: The proposed Trunk Sanitary Sewer "SS-H" & "SS-D" will serve approximately 1,060 acres in the City of Shakopee. This sewer is identified as a trunk facility needed for the recent MUSA expansion that was approved by City Council last month. The construction of trunk sanitary sewers in the City of Shakopee is funded through a trunk sanitary sewer charge. This fee is charged to development when a final plat is approved and a developer's agreement entered into with the City. With the construction of this trunk sanitary sewer, the City will be fronting the costs of the installation and right-of-way acquisition, and will recover its costs through development fees when properties develop. Staff will make a presentation at the June 18, 1996 City Council meeting, to provide an overview of the project improvements and the costs involved to the City's Trunk Sanitary Sewer Fund. The proposed Trunk Sanitary Sewer "SS-H" & "SS-D", identified in the Comprehensive Sanitary Sewer Plan, has the trunk located from the Chaska Interceptor to Valley View Road. The estimated cost in the Comprehensive Sanitary Sewer Plan for the entire trunk is $465,000.00. Staff has been working with the Orrin-Thompson development, known as Prairie Village, and with Laurent Builders on the 20 acres north of Prairie Village, to determine the most cost effective trunk sewer alignment and installation at this time. Included in the feasibility report are maps showing the proposed trunk sanitary sewer alignment and its location, in relation to the proposed developments by Orrin-Thompson and Laurent Builders. The trunk sanitary sewer alignment which best serves the entire service area is east of the proposed developments. To serve these developments, a lateral sewer needs to be extended from the trunk sewer, and typically, the City has installed these laterals sewers with a 429 Special Assessment Project. This lateral sewer extension is located on the Peter Breeggemann parcel which is in the recently approved MUSA expansion area. The proposed trunk sewer installation would only be extended to approximately the easterly extension of 17th Avenue, or slightly south of 17th Avenue. This would minimize the City's up front costs for the trunk sewer and provide for serving most of the MUSA expansion area recently approved. The first two phases of the proposed Prairie Village, plat by Orrin-Thompson, could be served by this trunk and a lateral sewer through the Breeggemann parcel and the 20 acre parcel being considered by Laurent Builders. The remaining two phases of the Prairie Village plat, would need an extension of the trunk sanitary sewer through the Breeggeemann and Richard Ames parcels, and staff anticipates that this could be accomplished within the next two years. To construct this trunk sanitary sewer, from the Chaska Interceptor south, to the easterly extension of 17th Avenue, right-of-way acquisition will be necessary. Staff is recommending that if Council approves this report and orders plans and specifications, that Council direct staff to obtain appraisals for use in purchasing the necessary easements from property owners. In preparing this feasibility report and upon reviewing the City's Trunk Sanitary Sewer Charge Policy, staff has found two areas that need further consideration and possible revisions to the current policy. These are as follows: 1. Currently, policy has the City paying 100% of the trunk sewer installation as identified in the Comprehensive Sewer Plan. If future development uses the trunk sewer for lateral sewer benefit, there is not a mechanism in which the developer pays for that lateral sewer benefit. Staff would recommend that a revision be done to incorporate a lateral sewer charge to future developments, if they utilize the trunk sewer for lateral sewer benefit. 2. In providing sanitary sewer service from one property to another, it is sometimes necessary for the downstream property to deepen the sewer more than is necessary to serve its property. This is commonly known as an extra depth expense in installing sanitary sewer. This expense can occur on the orderly extension of lateral sewers, from one development to another. In many other Cities, this is commonly paid for as a trunk charge, due to the fact that it is an additional expense needed to serve more than the one development. Staff would recommend that the Trunk Sanitary Sewer Charge Policy be amended, to allow for extra pipe sizing and extra depth costs to be paid from the City's Sanitary Sewer Fund. Staff believes that these policy revisions are necessary for the implementation of the Trunk Sewer Policy on individual developments, and for the distribution of sanitary sewer costs in a fair and equitable manner. The policy revision of adding a lateral sewer charge, if development uses the trunk sewer for lateral sewer benefit, will add revenue to the Trunk Sanitary Sewer Fund. The second proposed revision for paying extra pipe size and extra pipe depth, from one development to another, would take funds out of the Trunk Sewer Fund and credit it back to the particular development. Staff would propose that these revisions be incorporated into the Trunk Sanitary Sewer Policy, as soon as possible, as developments will be occurring shortly in the trunk sanitary sewer areas. These policy revisions can be brought back to the next Council meeting. At this time, staff does not have a petition for a lateral sewer extension to the Peter Breeggemann parcel. Staff will be in contact with Mr. Breeggemann to see if he desires to have a sewer installed at this time and before the City Council meeting. ALTERNATIVES: 1. Adopt Resolution No. 4456, a resolution receiving a report and ordering the improvement of the trunk sanitary sewer for areas "SS-H" & "SS-D", Project No. 1996-6. 2. Deny Resolution No. 4456. 3. Table Resolution No. 4456, to allow time for staff to prepare additional information as directed by City Council. 4. Direct staff to obtain appraisals for easement or right-of-way acquisition associated with this improvement project. 5. Direct staff to prepare the Trunk Sanitary Sewer Charge Policy amendments, and bring back to the City Council for consideration, as discussed in the memo. RECOMMENDATION: Staff recommends Alternative No.'s 1, 4 and 5 which would adopt Resolution No. 4456, and allow staff to proceed on the preparation of plans for trunk sanitary sewer improvements. Directing staff to obtain appraisals will be necessary in order to acquire property for this improvement. Staff feels the policy amendments or revisions are necessary in order to implement the Trunk Sanitary Sewer Policy in a fair and equitable manner. ACTION REQUESTED: 1. Adopt Resolution No. 4456, A Resolution Receiving a Report and Ordering an Improvement and Preparation of Plans and Specifications for the Areas "SS-H" & "SS-D" Trunk Sanitary Sewer, Project No. 1996-6 and move its adoption. 2. Direct staff to obtain appraisals for easement or right-of-way acquisition associated with this improvement project. 3. Direct staff to prepare the Trunk Sanitary Sewer Charge Policy amendments, and bring back to the City Council for consideration, as discussed in the memo. BL/pmp MEM4456 4 (LOLOW-5 .-•J /NJ MEMO ON TABLE MEMO TO: Barry Stock, Acting City Administrator FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Authorize Surveying Services for design of Trunk Sanitary Sewer for Areas"SS-H" &"SS-D" DATE: June 18 1996 MEETING DATE: June 18, 1996 INTRODUCTION Staff has recommended that Council adopt Resolution No. 4456, a resolution receiving the feasibility report and ordering the improvement of the trunk sanitary sewer for areas "SS-H" &"SS-D", Project No. 1996-6. A request-for-proposal was sent to both MSA Consulting Engineers and Bolton&Menk, Inc, for the surveying services which will be necessary to design these improvements. This item is for Council to authorize consultant engineering services for these surveying services. BACKGROUND: Both consultants delivered proposals for the surveying services: The not-to-exceed costs for the services are summarized as follows: MSA Consulting Engineers $10,445.00 Bolton&Menk, Inc. $ 6,400.00 The request-for-proposal submitted to the consultants included the anticipated tasks for the design of the improvements, including easements. It is staff s opinion that both consultants would provide the same amount and quality of work. ALTERNATIVES: 1. Move to authorize to the appropriate City officials to execute a consultant extension agreement with Bolton&Menk, Inc. for the surveying services in the design of the Trunk Sanitary Sewer for areas"SS-H" &"SS-D". 2. Move to authorize to the appropriate City officials to execute a consultant extension agreement with MSA Engineering Consultants for the surveying services in the design of the Trunk Sanitary Sewer for areas"SS-H" & "SS-D". 3. Do not approve a consultant extension agreement. 4. Table this item for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to authorize the appropriate City officials to execute a consultant extension agreement with Bolton&Menk, Inc. for surveying services necessary for design of the Trunk Sanitary Sewer for areas"SS-H" & "SS-D", in an amount not to exceed $6,400.00. a•41W.OI June 18, 1996 File: 900-001-00 Mr. Joel Rutherford 1326 Enema,Pak owe City of Shakopee St Pail,MN 55108 129 Holmes Street South 612-644.4289 Shakopee, MN 55379-1351 1- 888.2923 Far 812-644-9416 RE: TRUNK SANITARY SEWER SURVEYING SERVICES Dear Mr. Rutherford: MSA, Consulting Engineers (MSA) is very pleased to respond to your request for surveying services for the proposed trunk sanitary sewer extension. This trunk sewer area, as you outlined in your letter to us, is east of St. Francis Medical Campers and runs between the Shakopee by-pass and Valley View Road. We would furnish the City of Shakopee thera be used by �g phy of a 500' x 4,800'± strip of land otE 1R�,Gto to would also so City for the preparation of plans and specifications for this trunk facility. ENv1�NpiNTAt prepare the necessary permanent and temporary easements needed for the mumom construction of this project. RimwmIG SouDwASTE Our breakdown for these services is as follows: STRUMRAL SURVEviNG I. Field Services $ 3,935.00 RAMC 11. AutoCADD Technician 1,690.00 TRAM pORTATION III. Easement Preparation (up to 10 parcels) 4_820.00 EtECTRICALMEGIANRat TOTAL DOWERING $10,445.00 HVAC Please note that the easement preparation phase includes researching existing easements ROWER.DISTRIBUTION of record, underlying legal descriptions, writing the easements, and preparing the ``D` easement exhibits_ It does not include any meetings with appraisers or land owners. SYSTEM CONTROLS We hope that these terms are agreeable to you and that this is the start of a mutually rewarding relationship both for the City of Shakopee and MSA. Sincerely, MSA, CONSULTING ENGINEERS OFFICES N: Y Y. MINNE4POUs Steven V. Ische, R.L.S. PRIOR IAKE ST.PAUL SVI:tw WASECA OO!-I80t jnn Oi O'd 20:9T 966T-81—NIIf a , , BCS L:VC:)N 80. M N K , ! Nom_ 1\ Consulting Engineers&Surveyors 1515 East Highway 13 • Burnsville,MN 55337-6857 Phone(612)890-0509 * FAX(612)890-8065 June 18, 1996 Mr. Joel Rutherford, PE City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1351 RE: Truck Sanitary Sewer Dear Joel: Bolton & Menk, is pleased to submit a cost not-to-exceed of $6,000.00 to meet your survey requirements listed in your Request for Proposal dated June 17, 1995. However, this proposal is based on the assumption that the City will provide Bolton& Menk with legal descriptions of the adjoining owner. Bolton & Menk will research the adjoiner at the county for an additional fee of $400.00 provided that the City of Shakopee supply Bolton & Menk with a List of Property Identification Numbers. Joel, thank you for your consideration of Bolton & Menk, If you have any questions or concerns please feel free to call. Sincerely, BOLTON & MENK, INC. 4i. 4 ,r.A Dennis L. Honsa, L.S. Survey Office Manager MANKATO,MN FAIRMONT,MN SLEEPY EYE,MN BURNSVILLE,MN AMES,IA LIBERTY MO An Fru,-,I llr+nnrir,nil,,Fmnln.=Gr 101I0 'd 9908068Z19 'ON Aid '3NI )IN3W '8 NO1108 LE:OI 3fl1 96-81-Nflc I FEASIBILITY REPORT FOR 1 TRUNK SANITARY SEWER IMPROVEMENT FOR SERVING AREAS "SS-H" & "SS-D" IN SECTIONS 8, 17, & 18, TOWNSHIP 115 SOUTH, RANGE 22 WEST SCOTT COUNTY, MINNESOTA 1 1 I i I 1 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. /4' 1 " Date '' �1���� Registration No. 17590. 1 JUNE, 1996 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 CONTENTS TRUNK SANITARY SEWER IMPROVEMENT FOR SERVING AREAS "SS-H" & "SS-D" 1 1 Description Page No. ' Introduction 1 ' Background 1 Study Area Land Use 1 ' Proposed Improvements 2 Cost Estimate 2 Project Funding 3 Conclusion 3 1 Appendix 1 1 1 I 1 I INTRODUCTION ' On February 20, 1996, the City Council ordered the preparation of a feasibility report for installation of the Areas "SS-H" & "SS-D" trunk sanitary sewer from an existing connection point on the Chaska Interceptor to the southwest. A map is included in the ' Appendix. ' BACKGROUND Concurrently with construction of the Highway 169 Bypass, the Metropolitan Council Wastewater Services (MCWS) has constructed what is known as the Chaska Sanitary ' Sewer Interceptor within the right-of-way of the highway bypass. The City of Shakopee purchased additional capacity and connection points to the interceptor. These connection points will serve development south of the bypass. The first connection point, on the east ' side of County Road 17, to be utilized was for the new St. Francis Hospital. This report studies the feasibility of constructing a new trunk sanitary sewer which would serve developing property south of the bypass east of C.R. 17 and St. Francis Hospital. This trunk sewer is shown in the Comprehensive Sanitary Sewer Plan serving areas "SS-H" and "SS-D"of the South Shakopee District. STUDY AREA LAND USE The properties within the study area are zoned Agricultural. This report assumes the study area will be rezoned to the zoning as per the Comprehensive Plan submitted to ' Metropolitan Council. Recently the City Council has approved a short term MUSA expansion of 192 acres in this area to be served. A map showing the approved MUSA expansion area by City Council with property lines is included in the Appendix. The MUSA expansion area has not been approved by Metropolitan Council as of the date of this report. 1 i 1 I I PROPOSED IMPROVEMENTS IThe proposed improvement consists of installing a trunk sanitary sewer from the MCWS existing stub number 5744 in an southwesterly alignment approximately 6,000 feet to IValley View Road. Pipe sizes would range from 8 inches to 18 inches in diameter. In the proposed trunk sewer service area, two residential plats have been proposed as a I preliminary plat or proposed concept plan for a preliminary plat in the area east of the St. Francis Regional Medical Center Site (SFRMC). Proposed alignment has been included in the Appendix to show the alignment through unplatted property and property proposed to be platted. These alignments are only proposed and are subject to change depending on land negotiations and design survey information. Alignment adjustments on the trunk sewer will be done to best serve the area and minimize the City's trunk cost. ITo minimize the City's upfront trunk sanitary sewer costs, a portion of this trunk facility is proposed to be constructed at this time. However, since this area has had recent MUSA Iexpansion granted by the City, land use plans could be developed for the unplatted parcels. If during the design phase an alignment can be determined, the trunk sewer may be extended to Mathias Road. I ESTIMATED COSTS IThe Comprehensive Sanitary Sewer Plan estimates the total cost of this trunk sewer improvement at $465,000.00. This project cost does include overhead costs in 1994 dollars. Right of way acquisition will be necessary in order to construct the trunk sewer Ito the properties east of SFRMC and this cost is estimated to be $75,000.00. Total cost of project is estimated at $540,000.00. IThe cost of the trunk sewer from the Chaska Interceptor to a point 200 feet south of 17th Avenue is estimated to be $114,950.00. Right-of-way acquisition, both permanent and I temporary, will be necessary and is estimated to be $28,520.00. Total cost of this segment of trunk sanitary sewer for Areas"SS-H" & "SS-D" is $143,470.00. 1 The cost of the trunk sewer, from south of 17th Avenue to Mathias Road extended from the proposed Prairie Village plat, is estimated to be $106,700.00. Right-of-way acquisition, both permanent and temporary, will be necessary and is estimated to be I $26,450.00. Total cost of this segment of trunk sanitary sewer for Areas "SS-H" & "SS-D" is $133,150.00. IIn this report, no sanitary sewer services and risers were included in the cost estimate, as the location of and number of services are unknown at this time. In addition, services and risers would only be installed on deep trunk lines with depths of 20 feet or greater. 2 I I Service connections and riser installation will depend on the depth of sewer as determined during the design of the trunk facility. 1 PROJECT FUNDING 1 I The Trunk Sanitary Sewer Charge Policy adopted by City Council establishes the mechanism for funding this and all future trunk sanitary sewer projects. According to this policy, all developing parcels (final plats) will be subject to a trunk sewer charge of I $1,319.74 per net acre. This charge is subject to annual review. In the adopted Trunk Sanitary Sewer Charge Policy, there are no provisions for if a I development utilizes the trunk sewer for lateral sewer benefit for the development. For instance in locating the trunk sewer through proposed residential developments, the development should be allowed to connect sewer services to the line versus installing Ianother 8 inch sewer line. A policy revision is recommended with this report to state that if developers utilize the trunk sewer for lateral sewer benefit, the development will pay the 8 inch lateral sewer equivalent cost to the City as determined by the City Engineer. CONCLUSIONS & RECOMMENDATIONS I If the studyarea is to be included in the MUSA then it would be logical to provide g I sanitary sewer service to the area by constructing trunk sanitary sewer. Installation of the trunk sewer through unplatted land may require eminent domain proceedings by the City in order to obtain the necessary right-of-way to install the trunk sewer. IThe project is necessary to serve properties in the 192 acre MUSA expansion areas and is cost effective and feasible from an engineering standpoint. I I I I I 3 APPENDIX Description Page No. Cost Estimates 1 - 2 Project Location Map 3 Trunk Sewer Alignment Map 4 i 1 1 I TRUNK S"SS-H" ANITARY,SEWER I AREAS SS-H & SS-D I FROM 17TH AVENUE ALIGNMENT EXTENDED TO MATHIAS ROAD ALIGNMENT EXTENDED 1 PRELIMINARY COST ESTIMATE I � UNIT i TOTAL:� ITEM NO. DESCRIP, TION ,.i.';-::,,-,,, UNITS QTY. PRICE ; PRICE,. I1 18"R.C.P.Sanitary Sewer L.F. 2000 $ 5 $ 34.00 $ 68,000.00 I 2 48"Diameter Manhole EA. 1,500.00 $ 7,500.00 3 Seeding&Mulch ACRE 2.1 $ 1,000.00 $ 2,100.00 Subtotal $ 77,600.00 Plus 10%Contingency $ 7,760.00 I I Subtotal $ 85,360.00 Plus 25%Engr/Admin. Fees $ 21,340.00 TOTAL $ 106,700.00 I RIGHT OF WAY ACQUISITION �. z �'"?+a r�.,'� `� ""W .'s.-„A,,,,.•-,Ain,--4. ,' a>amu. '.v 3 UNIT -- NOTAL ,4 , _.Wei , ITEM N©.;., DESCRIPTIO UNITS QTY. : °PRICE .k . �:PRICE ACRE 0.92 $ I 1 Right-of-Way Acquisition 20,000.00 $ 18,400.00 (Permanent Easement) ACRE 2.3 $ 2,000.00 I 2 Right-of-Way Acquisition $ 4,600.00 (Temporary Easement) I Subtotal $ 23,000.00 IPlus 15%Engr./Admin. Fees $ 3,450.00 TOTAL $ 26,450.00 GRAND PROJECT TOTAL $ 133,150.00 I1 I TRUNK SANITARY SEWER 1 AREAS "SS—H" & "SS-D" I FROM CHASKA INTERCEPTOR TO 17TH AVENUE ALIGNMENT EXTENDED I PRELIMINARY COST ESTIMATE T UNIT TO AL ITEM NO DESCN RIPTIO '•... , UNITS QTY. PRICE PRICE' I1 Connect to Exist. Manhole EA. 1 $ 1,000.00 $ 1,000.00 2 18"R.C.P.Sanitary Sewer L.F. 2100 $ 34.00 $ 71,400.00 I3 48"Diameter Manhole EA. 6 $ 1,500.00 $ 9,000.00 4 Seeding&Mulch ACRE 2.2 $ 1,000.00 $ 2,200.00 Subtotal $ 83,600.00 I Plus 10%Contingency Subtotal $ 8,360.00 $ 91,960.00 Plus 25%Engr/Admin. Fees $ 22,990.00 I TOTAL $ 114,950.00 IRIGHT OF WAY ACQUISITION 'Y UNITS TOTAL : 'ITEM;NO , DESCRIPTIO - , �' .UNITS QTY =s ,,.PRICES PRICES ,fir I 1 Right-of-Way Acquisition ACRE 1 $ 20,000.00 $ 20,000.00 I (Permanent Easement) 2 Right-of-Way Acquisition ACRE 2.4 $ 2,000.00 $ 4,800.00 1 (Temporary Easement) I Subtotal $ 24,800.00 Plus 15%Engr./Admin. Fees $ 3,720.00 ITOTAL $ 28,520.00 1 GRAND PROJECT TOTAL $ 143,470.00 I2 I I I 1 7-) 1 ,.. f , A i ,---- 9, , 17 I \ ,, JI' 7 i IN ,' . ------ il 7.=. - % b \.• . I k„, E ) . \ __ -,- ---:,_ ____ „______ _..._ :\ III- („_'') : ,__. ____. , ,L ,, ,i k_.. _ , .... ____), _____ ____, ,,,-\\ I D 1 PROJECT. _ : ____ „... ,...._ _ , , .. • , ..-- N MAP CC . 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I I 20 21 - III I .--pri - I \ I I' 1 I 1 I i I I 4 RESOLUTION NO. 4450 13) A RESOLUTION OF COMMENDATION TO BARRY STOCK FOR HIS YEARS OF DEDICATED SERVICE WHEREAS, Barry Stock began working for the City in May, 1984; and WHEREAS, Mr. Stock worked extremely hard for the City, dedicating many extra hours and' personal resources to his position; and WHEREAS, Mr. Stock' s outstanding achievements include estab- lishment of the City' s transit system, solid waste management program, coordination of the City' s downtown redevelopment plan and the Star City Program, development of industrial development and rehabilitation grant and loan programs, development of the City' s pay plan and pay equity plan, and adoption and amendment of a cable television franchise; and WHEREAS, during his years with the City, Mr. Stock capably handled economic development matters, as well as supervising the activities of Park and Recreation, the Building Official, building maintenance, personnel, management information systems, and others; and WHEREAS, Mr. Stock staffed numerous City Boards, including the Community Development Commission, the Downtown Committee, the Energy and Transportation Committee, and the Cable Television Commission; and WHEREAS, in addition to City boards, Mr. Stock also served on many local boards aimed at the betterment of Shakopee, including chairing the Shakopee Derby Days Committee, chairing the Scott County Economic Development Coalition, chairing the Shakopee Coalition, serving as president and long-time member of the Shakopee Chamber of Commerce, charter member of the Shakopee Optimists, house captain of the Christmas in May program, and others; and WHEREAS, Mr. Stock' s strong abilities and versatility will be sorely missed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that it expresses its deep appreciation to Barry Stock for his years of dedicated service. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney [6MEMO2] -# )11 (3\ Memo To: Barry Stock, Acting City Administrator From: Paul Bilotta, Community Development Director Meeting Date: June 18, 1996 Re: 1996 Interim Expansion of the Metropolitan Urban Service Area (MUSA) Introduction On April 18, 1996, the Planning Commission conducted a public hearing on an interim MUSA allocation and recommended the expansion shown on Exhibit A. This MUSA expansion provided for commercial uses in Areas A and B and Single Family Residential in Area C. On May 7, 1996 the City Council concurred with the Planning Commission's recommendation. On June 16, 1996, the Metropolitan Council staff issued a "waiver letter" indicating that the City's amendment is approved (Exhibit B). Discussion In order to complete the MUSA expansion, the City Council needs to formally adopt an amendment to the Comprehensive Plan. Alternatives 1. Approve the proposed amendment to the Comprehensive Plan. 2. Amend the proposed amendment to the Comprehensive Plan (any changes to the proposed amendment would need to be reviewed again by the Metropolitan Council). 3. Do not approve the proposed amendment to the Comprehensive Plan. 4. Table action on this item and request additional information from staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the proposed amendment to the Comprehensive Plan. Action Requested Offer Resolution No. 4457, A Resolution Amending the Comprehensive Plan to Reflect the Proposed Expansion of the Metropolitan Urban Service Area to Include Certain Additional Land South of the Shakopee Bypass and Adjacent to Marschall Road, and move its approval. i:\commdev\cc11996\cc0618\musa.doc RESOLUTION NO. 4457 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE COMPREHENSIVE PLAN TO REFLECT THE PROPOSED EXPANSION OF THE METROPOLITAN URBAN SERVICE AREA TO INCLUDE CERTAIN ADDITIONAL LAND SOUTH OF THE SHAKOPEE BYPASS AND ADJACENT TO MARSCHALL ROAD City on April 18, 1996, the Planning Commission of the C y of Shakopee did conduct a public hearing in order to consider an expansion of the City's Metropolitan Urban Service Area and recommended the expansion shown on Exhibit A; and WHEREAS, notice of the public hearing was posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, on May 7, 1996, the City Council of the City of Shakopee concurred with the Planning Commission's recommendation; and WHEREAS, on June 16, 1996, the Metropolitan Council approved the City of Shakopee's request to expand the Metropolitan Urban Service Area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the City's Comprehensive Plan is hereby amended to reflect the proposed expansion of the Metropolitan Urban Service Area as shown on Exhibit A. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ua'•',.' w+.r t' r+ t 2'yf" t A ,.4 ir},..�\L_ .,y ••t.. y W�.,r�A �� rt,, rr l�Yd•.Kr,)a<, a.,•1., •• ) �i YY AJ :"n.`,4,0,,,.' ! M,..A'I 1�/ •i ,{r. Y� ).f:.•i. �' �' • y+h , M1 �r , .,''4,:?t'. AK Y i. �r.^ t 'k`Y yq, r t.. :. r , .' ,..r.>h•. 114,0 J .4,;:1-. 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I -'< I L IL —1 v 1� \• N• �.. 13 I .� \� \ Q i , e 13 U� f- 1S Ud31s3wDW •o h:- i 6u co ?T �'n ' •,�; I1d3IA • 3I 3^ `a • Ll -H3tIVNOW I • ...��PcIt • 1 ,, 11 ar T< I "• .‘,.,,,...,,,,,,,,.•,,•- :,•,,,,,,,,...i.'A..i.;.,,...;•,•;,•,...„.-,,.<„,".....k...,,,,,,,,,,..,.4,;:,..-.1:f..;,,:?:',,,,•:...i.,''‘';''''t.'.''''',.•'':"..•;••••.....s...,,,:14,4,..--;',"( ' .,..;,,,;',• ••••.':.4.,,„/,..„.•''.•", �0. j' 3 • .11,;';':::i.:,-„.. 11,3A r.\., ..,.,......,...,, 4„ ,,,,,,,.,,:,,,,,,,,„, ,,„„:,,,,„.,„..: . , . ., .. : . . . -, .. ,.....,,,,....,,,-,:,.4........-.„: „:.,,, .,, t f . .. 9666 tis :9E :66 do AeW nUl Nf1d56NOZ\SdvW\ :0 • • • • yN W,t yI •'�, T +t A� � I Exhibit B itMetropolitan Council Working for the Region. Planning for the Future June 16, 1996 Paul Bilotta Community Development Director City of Shakopee 129 Holmes St. South Shakopee,MN. 55379 • RE: Shakopee/Chaska Interceptor Agreement Land Trade (Part 2) Referral File: 16131-5 Dear Mr. Matta: The Metropolitan Council staff has reviewed the city's plan amendment received by the Council on June 6, 1996. The proposed amendment includes the second portion of the land trade contained in the Shakopee/Chaska Interceptor Cost-Sharing Agreement approved by the Council in January, 1994. The agreement allows the city to add 360 acres of residential land to the MUSA in exchange for the removal of 180 acres of industrial land. In September of 1994, the Council approved the addition of 169.61 acres of residential land to the MUSA. The city indicated that a second amendment would be submitted to complete the land trade. The proposed plan amendment provides for the remainder of the land trade including the addition of 192 acres of single-family residential development to the MUSA in exchange for the removal of 180 acres of industrial land which completes the land trade. The amendment also includes a minor addition of 14 acres of commercial development and the redesignation 14 acres of institutional to commercial use. We have determined that the proposed amendment has no potential impact upon any of the metropolitan system plans. Therefore,the city may place the amendment into effect immediately. Because the proposed amendment appears unlikely to affect the policies and plans In other chapters of the Metropolitan Development Guide, the Council will waive further review and comment on this amendment. If you have any questions,please contact Carl Schenk,principal reviewer,at 291-6410. Sincerely, Thomas C. McEiveen,Deputy Director Housing, Development and Implementation - Office of Local Assistance cc: Julius C. Smith, Metropolitan Council District 4 Lynda Voge,Jack Frost. Bob Davis, Ann Braden andCi L&h.�Metropolitan Council Staff Ruth Ann Sobnosky, Mn/DOT 23O t_:,a I'tlih Street Si t':nfl. Mtnncyata 55101.1634 (171 2)231 6359 Pax 291-6550 'worm 291.0904 Metro Info Line 229-3780 An el;• ii SMrpxtruIthi Kopfu?eer #-/ii Fire Station Negotiations Hauer Site- 14.51 acres -Vierling Dr. Appraised Value $22,000 acre @ 14.51 =$319,220 City Position#1 -$22,000 acre. 5 acre outright purchase with balance on Hauers Position#1 -$30,000 acre @ 14.51 =$435,300 City Position#2-$23,100 acre and City to pay future trunk water charges($16,358). Hauer Position#2=$25,000 acre and City to pay future trunk water charges. ($362,750) City Position#3 =$24,000 acre and City to pay future trunk water charges. ($348,240)