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Home My WebLink About09/20/1994 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: September 16, 1994 1 . Attached is correspondence regarding the League of Minnesota Cities Regional Meeting to be hosted by the City of LeCenter. 2 . Attached is a notice from the Metropolitan Council regarding the Regional Breakfast Meeting scheduled for September 22nd. 3 . Attached are the minutes of the Shakopee Public Utilities Meeting of August 1, 1994 . 4 . Attached are the minutes of the Shakopee Public Utilities Meeting of August 12, 1994 . 5 . Attached are the minutes of the Shakopee Public Utilities Meeting of September 1, 1994 . 6 . Attached is a memo from Barry Stock, Assistant City Administrator regarding the DNR Trail through Murphy' s Landing. 7 . Attached are the Unapproved minutes of the Shakopee Board of Adjustments and Appeals Meeting of September 8, 1994 . 8 . Attached is a copy of the Unapproved minutes of the Shakopee Planning Commission Meeting of September 8, 1994 . 9 . Attached is correspondence from Paragon Cable regarding their office procedures and business hours. 10 . Attached is a copy of the monthly report from the Legal Department. 11 . Attached is a copy of the monthly project report from the Assistant City Administrator. 12 . Attached is a copy of the Revenue and Expenditure Report . 100 f THE CITY OF LE CENTER September 1, 1994 Dear City Official: I wish to extend a cordial invitation to attend the League of Minnesota Cities regional meeting to be hosted by the City of Le Center on Wednesday, October 19th, 1994 at the American Legion Club in Le Center. The afternoon program will begin at 2:00 p.m. and cover a variety of subjects. These discussions will include subjects of an important nature, both locally and statewide. The Regional Meeting program is enclosed. There will be adequate time in the afternoon program for open discussion of local issues -- bring your questions or concerns to the meeting for discussion. The afternoon program will conclude at 5 :00 p.m. , followed by a social hour. Dinner will be served at 6: 00 p.m. . Following a welcome to our city, LMC President, Chuck Winkelman, will address the audience regarding the organization's focus for the coming year. After the president's message the League will present its new video on the Open Meeting Law, with a discussion following. You will also learn how the Ethics Law will affect all city officials. To make reservations for your city, please return the enclosed registration form as soon as possible. In case of cancellations, please notify the Le Center City Hall at 612-357-4450 by October 14, 1994. Unless registrations are cancelled, it will be necessary to bill your city for those who did not attend and did not cancel. If anyone from your city needs special accommodations or has special dietary needs, please advise us so special arrangements can be made. I look forward to seeing you on October 19th. Sinc/ ely Yours, Gary Factor Mayor City of Le Center 10 WEST TYRONE ST.*LE CENTER,MN 56057 * 612.357.4450 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8044 1994 REGIONAL MEETING PROGRAM AFTERNOON PROGRAM 2:00-2:45 p.m. Investment strategies for small cities 2:45-3:00 p.m. Update on LMC services 3:00-3:15 p.m. Break 3:15-4:00 p.m. • Tort liability limits •how much liability coverage do cities need? •what's happening on tort limits in the courts and in the legislature? 4:00-4:30 p.m. Major city issues for the 1995 Legislative session 4:30-5:00 p.m. Questions & Answers--"What's Happening in Cities" EVENING PROGRAM 5:00-6:00 p.m. Social Hour 6:00-7:00 p.m. Dinner 7:00-7:15 p.m. Introduction by Jim Miller, LMC Executive Director Welcome by Host City Mayor 7:15-7:50 p.m. LMC 2000: Service and Leadership--What do you think? 7:50-8:05 p.m. LMC video--Open Meeting Law 8:05-8:15 p.m. Discussion on video--Jim Miller, Moderator 8:15-8:30 p.m. LMC President's message--Chuck Winkelman, Mayor, St. Cloud 8:30-8:40 p.m. Multimedia presentation on the Ethics Law 8:40-9:00 p.m. Discussion and questions about new ethics law and how it affects city officials--IGR staff AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)490-5600 1-800-925-1122 plus your city code TDD(612)490-9038 Fax(612)490-0072 League of Minnesota Cities Fall Regional Meeting Registration Form We will have city officials attending the regional Meeting in Le Center, and we agree to pay for these meals unless the host city is notified of any changes by October 14, 1994. NAMES/TITLES OF PERSONS ATTENDING: (Please furnish names of people attending so that name tags can be prepared) Person making reservation(s) : CITY: PHONE: *Number of attendees X $10.00 registration fee = Number of attendees X $ 8.00 Dinner Price = TOTAL PAYMENT ENCLOSED $ Please make checks payable to " City of Le Center " and return with registration form to: LE CENTER CITY CLERK 10 WEST TYRONE STREET LE CENTER MN 56057 *$10.00 registration fee applies only to the first ten registrants. There is no charge for more than 10 registrations from one city. Metropolitan Council Advocating regional economic, societal and environmental issues and solutions REGIONAL BREAKFAST MEETING FOR LOCAL OFFICIALS IN SCOTT COUNTY Metropolitan Council Chair Dottie Rietow invites you to attend a regional breakfast meeting, Thursday, September 22, for local officials in Scott County. This meeting will provide an opportunity to talk about issues the Council is working on, and a time for you to express your ideas about the Council and your region's concerns. Chair Rietow will discuss the Council's new Regional Blueprint, as well as some of the metropolitan issues the Council thinks the legislature may address in 1995. Rietow will be joined by Regional Administrator Jim Solem to talk about the recent transition of the "New" Metropolitan Council. Your input is an important component of the discussion regarding matters in Scott County. Thursday, September 22 7:30 - 9:00 a.m. Canterbury Inn 1244 Canterbury Road Shakopee Cost: $3.50, includes continental breakfast, tax, gratuity RSVP: To register, please call the Council's Executive Offices at 291-6554, by September 19. Mears Park Centre 230 East Fifth Street St. Paul,Minnesota 55101-1634 612 291-6359 Fax 291-6550 TDD 291-0904 r An Equal Opportunity Employer =« Recycled Paper MINUTES oF THE SMAYOPEF PUBI,Tc UTTLITTES COMMISSION The Shakopee Public Utilities Commission convened in regular c.n August 1 1094 t 4 : 30 P M in the Utilities meeting rooffl . MEMBERS PRESENT: Commissioners cook, O' Toole and Vierling . Also Liaison Sweeney, Administrative Assistant Joe Adams , Manager Van Hout and Secretary Mendri t-I .tion by O ' Tnole , seconded i-.y Vierling that the minutes of the June 6 , 1904 regular mea( ing and the July 6 1994 regular meeting be apprcAved a MA. iort carried .. Motion by Vierling , seconded by c ' Toole that the minutes of the july 7 , 1994 adj;-AiLned regular meeting be approved as kept . 1,4tion carried . BILLS • city of Shakopee 91 , 000 . 00 RA /CORY Refreshment Services ; Inc . 104 . 00 Adv;inced Mailing Systems 360 . 00 Astieford Equipment Co . , Int' 52 . 14 Bentz Construction , Inc . 9 , 900 . 00 Border States Tndustries . Inc . 1 , 964 . 99 Burmeister Electric Co 240 . 06 Business Essentials , Inc, 78 . 83 c NW Transportation ; 180 . 00 city of Shakflpee 114 . 18 city of Shakrpee 1 , 121 . 06 Clay' s Printing Service 125 . 45 couperative Power no 42 , 152 44 Cop,- Equipment , Tnn 64 . 78 Carle Hal recast 897 . 90 DCA TT - 650 . 00 Pan ' s chamc,i .-7,n Auto 58 . 40 Uitch 1iinges.7,1H1 , 743 Vi 16 I (.0 272 n7 FEEct-, 15 . 68 r6c. 100 25 c;ereral Office p1 9 'I 46 . 71 S14 . 64 1- 1- 101 . 85 Tt":3ring AP.1 fne 398 . 70 Her,uen ' ,- 230 . 15 THTer i Al , Ti! • 48 . 03 Tnterferene Control 99 . 00 Koch ' s Tele-Communication :Who() Leef Bros . , Inc 38 . 47 Ray LeMieox 113 . 39 Metro Lawn Sprinklers .161 . 26 Minn . Municipal Utilities Assoc . 460 , 00 Minn , Valley Electric Coop 279 . 00 Motor Parts Service Co . , Inc 49 . 77 Northern States Power Co , Trt 553 , 731 . 03 , Northern States Power Co , To.- , 332 . 32 Petersen-Wisdorf , Inc . 2 , 610 . 04 Pitney Bowes , Inc. 195 . 00 RESCO 7 , 018 . 35 Schoell and Madsen , Inc 1 , 695 . 64 Shakopee Public Utilities Commission 76 . 22 Signs of Quality 79 .88 Solomon Corporation 470 . 00 Southwest Suburban Publishing 749 21 Starks Cleaning Services , Too , 72 . 42 Stemmer Farm and Garden Supply, Inc! . 15 . 75 Dean Struck 166 . 17 T & R Service 17 , 00 Lou Van Flout 145 . 71 Voss Lighting 169 . 18 Waste Management Savage 73 . 97 WESCO 538 . 89 Yarusso ' s Hardware Co . 190 . 01 city of Shakos 68 , 689 , 00 Swanson-Fin Systems 462 . 09 U . S . West Communication 372 . 67 Lou Var Hoot 50 , 23 MOri6h T; O ' Toole , seoonded by Vierliog that the hills be allowed and )1.-clered paid Motion carried . Mike 14,.G1one , Shar,-, coordinator was present to share information with tic Shakopee Public Utilities commission regarding the heat share program . They would like our participation in promntincl the heat share program through bill s The ommission asked for tutters and collection of Fouls a recommendatioo f! c,m st .FF .nd. tabled the ite,6 out ii. the next .regoll meeting A oommuuioation dat-1 Thly l' JcirclitIg the nitrate testing for well .; /14 ,6- 1 F. was given to the Commision Fcui Ait Young, 1.TiVec Sup '/i ' . Motion Ly Vierling 0tT1 ,. t coot nine testing well #5 thr.-o timos i wek well #4 a week . Motion calried • The annexation ac4reement was sent to the Shakopee Public Utilities Commission from Judy (7 ‘.,: for execution by SPIV._ Motion by cfloria Vi li ioj , tecc,ndel by Terry n' Toole that the annexation areement had been okad and recommended President cck sign the agreement Motion crried A billing Fror titocitv ShAkopee for work comp insurance in the amount of $68 , 689 . 00 ;, noted f,Ir the record . A communication from Yare:, Micty concerning procedures being utilized to adopt policies and programs was discussed . The conJensos of the Commisn wa .-; to keep audio tapes of Utility meetings aloncl will the infr,rmation packets of the meetincis kept on record in the Utilitie office A list of administiatiGn pro,-ednre and 11;.:w they are to he will dcaftl P,Pw' 0 Ff 1.: t• adoption by the Commision . Jim cook asked Ms Marry to di-aft typical wording for /arious motions , A letter fr%-4a A ' 1cable regacdiry. the current pole attachment agreement contract was liscusSed by the Commission A iequest for i change of control to the new parent company cc,wnt form to be signed 1,2 the Shah,:-pee Public Utilities was al o attached to the c- mmiiiiicatiou Hr jot, hy Vierling, seconded 1 : ign consent to Tchange ocd,-;rfrc:m cahle Tnc contingent upon the , underlying (rippral of tit,: Atiorne2 and her reviewal of the r-ohria,--t on file Hot ion A communication from Gregg Voland . Finance Director dated Tine 30 1994 regarding i'eing the Sh7lkopee Puhlic Utilities ss ion audit by the end of February or early March was . discussed . Staff believes t1i i ,-11.1 Attainable goal due to some procedural changes that hs ,./e been made in house . Another communication ft ii 1991 city Annual FinanHal Pepit 11 1 / was discussed hv t.he commission Mmiger Van Hour' will H,,ck with th- Audit ,)t for thi,, Shal, ,,pee Public ii - depieciation issue . addrsed the memo . ;4. communication from ( ;re,_j ‘fo.0 DilertOr nut 110 iitj ieecnhirieulatiuic- 111A1,, 1 .) th,r, ‘'lfy hr their auditors invlvedoPIJ peratioually ws discussed . • A recommendation to show the mwrc rtior of the customers sewer bill as a separate line item On rhe Utility hill was turned down by the Utility Commissioners A communication from the All Night tlrad Party Parent Committee thanking the Fdiakopee Public Utilities ccImmissiok for the donation of pens was acknowledged A letter from e Shakopee Utilities customer, Anthony Caliguri directed to President Cook was given to the rest of the Commission by President Cook . A discussion followed . Tt was the consensiis of the commission that normal procedures were followed in this matter . Secretary Menden was directed to write a letter to Mr. Caliguri from the Commission in answer to his claim that we feel all our procedures were followed and we find no basis for the claim. Jon Alhinson , Valley Green Business Park addressed the Commission as to the timetable for permanent power for North Star Auto Service . The background as to why this customer was still on temporary power was given to the Commission by Manager Van Flout . The switches neede1 to give this customer permanent service will have specifications written ti in the near future so they can be ordered . Motion by Cook seconded by Vierling to adjourn to Closed session for the purpose of a discussion under attorney-client . privilege . Motion carried . Motion by Vierling, sec-:-:ndeJ Ly (.7, 1T,-)c,le to adjourn from Closed session and return to yegolai• session . Motion carried . No a;!tion was taken in Closed S(H,:sion . commissioner Cook ret ii that regarding tire: substation sire , Mi- Elmer Marschall :And Mr . Tom Haugen have proposed art alternate site for the Shakopee Public Utilities Commission to conider instead of the had been settled on adjacent to the Marschall propiirt .y Th ommisin will YH,. looking at this newly proposed i to to if it l•-les have viable pnssibilities and will Ont. Favaro of P W Ro. 1 ro stand point of an accelHable sir- for th- substati ,,n I he criteria t-hc!. pribi to rr, ook at some sites was contingent . upon an ol, inion rendered b,h, Noithemn States Power co concerning the 1 ..ng1 aIm ii i t y of the 11 " 1-c line on the Northetn Towel the Commis,iion directed our ,,on,;ultant to write a ! ,tt ,::1- L , 1-o asking witten answer on thi Tt: is also the desire of the Commission to move forward with the F. . () B . on the origirtal site now before the E. Q . B. Tf possible the Commission would like our consultants to render an opinion on the site proposed by Mr . Haugen and Mr . Marschall before the August 1 8 , 1994 F . O . B . meeting . Kevin Favero will contact the landowner . Liaison Sweeney gave the liaison report . A joint meeting is being svhedtil ecc1 in the near future between the City Council and the Shad.,,ree Utilities . Dates are being worked out between Dennis Kraft and Manager Van Hrtut . Issues to be add:ressecl will be worked out by staff Motion by Vierling, seconded by O'Toole to offer. Resolution #426 A Resolution Setting the Amount of the Trunk Water Charge, Approving of its Collection , and Authorizing Water. Service to Certain Property Described as Calvary Addition . Ayes : Commissioners O ' Toole; Cook and Vierling , Nayes : none. Resolution passed , Motion carried , Motion by O ' Toole , seconded by Cook to offer Resolution #427 A Resolution Setting the Amount of the Trunk Water Charge, Approving of Tts collection . and Authorizing Water Service to Crtain Property Descr.il;ed as Homestead Ridge First Addition . Avec : Commissioner Cook and Commissioner n ' T,00le . Hayes : none Commissioner Vierling abstained , Motion carried . Resolution passed . Mot ion by O ' Toole , b_y cook to offer Resolution #47P, A Resolution Approving oof the Pipe (versirinj on the 417 y _ ;l (� Fi , , t Addition . Ayes ::rtr.rr„/� ) fi F'� {),c?t�t . Hl.rl;t-,-;t -- 1 Ridge 1 Commissioner O' Toole and commissioner Cook Nayes : none . Commissioner Vierling abstained , Motion carried . Resolution passed . Motion by Cook , s r•,-;nde 1 by n' Tole to offer Resolution #4?9 A Resolution Settinlj the Amount of the Trunk Water Charge, Approving of Tts �'olle1 t ion , and Author i irig Water Service to Certain Property Described as Vierling Residence to Certain Property Described as Vierling Pesilience at 1461 r'U Rd . 79 , Shakopee Ayes : ,'ook and Commissioner O' Toole . Mayes : none i:i,nsihissioiiot viet 1 ing aht .lined Motion carried . R e s o l n t ilii Z'a:_ ., -:1 Motion by n ' Tllr lea se;: rt;L 1 1' 1'tl0k to off,,,r Resolution 144;ii A Pesc,lutit n Amending Pisa, lut_ i ,ln #424 A Revolution For A Release of Agreement to complete Water SytJ nr Ayes : Commissioners Vierling, Cook Ltn14 ' Too l e Hayes : none . K-dtion carried , Resolution rla�s rj Motion by O'Toole, seconded by cook to offer Resolution #431 A Resolution Designating the Terms Under Which Water is Made Available to the Homestead Ridge First Addition Plat and Vierling Residence . Ayes C,cmmis;ioners O ' Toole and Cook . Hayes : none . Commissioner Vierling abstained . Mot ion carried . Resolution _sassed . Motion by Cook, seconded by \ ierl log to offer Resolution #432 A Resolution Designating the Tt-rir._. (trifler Which Water. is Made Available to the Calvary Addition . Ayes : Commissioners Vierling, Cook and O 'Toole Hayes : none , Motlon carried . Resolution passed . Motion by Vier-ling, seconded by O ' Tnnle to offer Resolution #425 A Resolution Authorizing the Entering Into A License Agreement With the Chicago and Northwestern Railroad for One Electric Power Line Upon and Across the Right of Way and Property, Under the Tracks , of the Chicago and Northwestern Railroad Located Along CSAH 18 in Shakopee This would be contingent upon approval of the City Attorney. Ayes : Commissioners : Cook, Vier. ling and O' Toole . Hayes : none . Motion carried . Resolution passed . A letter from James R . Hill , Inc . dated July 11 , 1994 regarding the alternate i to configurations for the watertank to he constructed on Co . Rd . 1 6 . The comments of Mr. Hill is consistent with our comments as to the type of tank to he constructed Motion by V i cal i rty, seconded by O' Toole to Offer Alternate #1 as the configuration for the water tank construction for Lot 10 Blk 1 Riverview states ?.nd Addition . Motion carried . hen Adolf Schoell and Madsore contacted Mr Van Hoot to inform him that the timet: hle for the feasibility study had passed but he had not beard from the rt Francis Hospital c.onso1 rants commissioner Cook informed Manager Viii Hout that the intention of the Commission was for a five year depreciation figure when the cost of the , r was arrived at There were four fire calls for lone and July for a total of two hours and I ri mii.oni . Thi:re cier'e ri,) 1:t .1ial •.; 1994 H. t i :,n 1 r ViE rl irt� , ,,1.:.1 t•_, i'r ' `►°.;,,1 �> t, -djnttrit to Airyitst 17t1; . 19cr1 'rt,e flet t c jul a r l:.• 1,-id rail ;r prerul..-r 1 , 1994 for hill payir,y (II1y Regular agenda itents will 1-,6 dorw, 9t h m,4eting scheduled for September 12th ; 1994 . M()tion by n ' Toole, seconded by ViTling that the meeting be adjourned , Motion carriel . Barbara rendeu , COmnission Secretary • F t } (4) MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Adjourned Regular Meeting) The Shakopee Public Utilities Commission convened in adjourned regular session on August 12, 1994 at 5 :00 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Cook, Vierling and O'Toole, and Liaison Sweeney. Also present: Manager Van Hout, City Attorney Karen Marty, and Kevin Favero of R.W. Beck. The meeting was called to order by President Cook. Kevin Favero presented his report on the alternative substation site offered by Mr. Marschall and Mr. Haugen. The site was essentially the same as one considered earlier in the site search process but the new report discusses the site in greater detail . Mr. Favero reported that Mr. Haugen was unable to meet until next week. Mr. Favero also reported that he has been trying to , schedule a meeting with the actual owner of the property. The consensus of the Commission was to pursue the approval of the presently proposed site now being considered by the Minnesota Environmental Quality Board. That site will again be considered by the EQB on August 18. The Commission was also interested in the alternative site offered by Mr. Marschall and Mr. Haugen, but felt they needed to have a more firm ownership-interest established by the parties offering that alternative. Mr. Favero will convey this to Mr. Haugen. The Commission discussed Mr. Favero' s letter to NSP asking for written confirmation about access to the transmission line t„,4' ,. located along the route of the highway 101 bypass. A written , answer from NSP was expected by next week. The comments from the City Attorney after her review of the License Agreement with the railroad for an underground electric elrj, line crossing at C.R. 18 were discussed. The existing line is being placed underground because of a bridge on the Highway 101 bypass The consensus was to contact the railroad get modification to the wording if possible, but to still move forward with the agreement if those changes could not be made. , /, Liaison Sweeney provided copies to the Commission of the J.L. Sheily Company' s application to the Minnesota DNR requesting an 4,17 increase in the amount of water pumped from their Gravel pit . k , > 3V t t 4j Motion by O'Toole, seconded by Vierling, to contact the Minnesota DNR to express our concern about Sheily's plans and the affect on the aquifer, and to ask that an Environmental Assessment Worksheet (EAW) be prepared, with the City of Shakopee designated as the Responsible Governmental Unit (RGU) . Motion carried. The Commission asked that copies of the letter be sent to Representative Kelso and Senator Johnston. Motion by Vierling, seconded by O'Toole, that the request by St . Mary' s of Marystown for electric use during the festival be approved in adherence to standard policies. Motion carried. The Commission confirmed that their next meeting would be held September 1 at 4: 30 PM for the purpose of paying bills, and September 12 at 4: 30 PM for regular items. Motion to adjourn by Vierling, seconded by O'Toole. Motion Carried. Barbara Menden: mmission Secretary r A t . i hM 1, t 4iv d - t rA "71'. S 6 � r 1 +► MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Adjourned Regular Meeting) The Shakopee Public Utilities Commission convened in regular session on September 1 , 1994 at 4 : 30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Cook, and Vierling. Commissioner O'Toole had previously advised he would be absent. Also present : Manager Van Hout, and Joe Adams . The meeting was called to order by President Cook at 4: 30. BILLS READ: City of Shakopee 33 ,000 . 00 ARA/Cory Refreshment Services 103 . 50 Bentz Construction Co. 150 . 00 Big 1 Auto Parts 12 . 78 Border States Industries, Inc . 2,871 . 94 Bureau of Business Practice 149 . 28 Burmeister Electric Co . 1 , 923 . 20 Business Essentials Inc . 338 . 14 Calvary United Methodist Church 10 . 00 City of Shakopee 943 . 30 Clay' s Printing Service 197 . 50 Cooperative Power Co. 40 , 694. 01 Copy Equipment , Inc . 58 . 31 DCA, Inc. 150 . 00 Davis Business Machines 420 . 68 Dressen Oil Co. 666 . 59 Feed-Rite Controls 1 , 540 . 65 Glenwood Inglewood 9 . 59 Gopher State One-Call, Inc . 477 .89 Graybar Electric Co. , Inc. 2 ,284 . 54 Hance Cable Testing and Locating, Inc . 510 . 22 Hennen ' s ICO 8 . 01 Hercules Industries , Inc . 377 . 83 High Voltage Testing Laboratory 210 . 08 Jerry' s Lawn Service 934. 00 Landey' s Recreation Vehicles , Inc . 361 . 04 Leef Bros . , Inc . 25 . 68 Ray Lemieux 111 . 36 Logical Development Corp. 33 . 75 Midwest Engine Service and Supply 85 .83 Minn . Plumbing and Heating, Inc . 113 . 50 Minn . Valley Testing Labs , Inc . 312 . 00 Minn. Safety Council , Inc . 95 . 00 Minn. Safety Council , Inc . 190 . 00 Motor Parts Service Co. , Inc . 53 . 19 Northern States Power Co. 566 , 725 .80 Northern States Power Co. 2, 331 . 73 Northern States Power Co. 332 . 32 Parkside Printing, Inc . 2 ,431 . 55 Petersen-Wisdorf, Inc . 213 . 53 Pitney Bowes , Inc . 485 . 06 Reynolds Welding Supply Co . 4 . 62 Ribbon Recyclers, Inc . 23 . 43 Schilz Ornamental Iron 65 . 00 Schoell & Madson, Inc . 1 , 527 . 52 Schwaab, Inc . 44 . 37 Shakopee Ford, Inc . 294 . 00 Shakopee Public Utilities Comm. 242 . 39 Southam Business Communications , Inc . 151 . 80 Southwest Suburban Publishing 1 ,402 . 96 Starks Cleaning Services, Inc . 72 . 42 Stemmer Farm and Garden 102 . 24 Dean Struck 161 .82 . Total Tool 134 . 13 US Post Office 5,000 . 00 Universal Printing 496 . 62 Lou Van Hout 44. 26 Waste Management 6 , 594.00 WaterPro 2 ,467 . 62 WESCO 3 , 521 . 97 Westinghouse Electric Corp. 1 ,999. 00 Wheeler Lumber Operations 8,987 . 15 Wolf Motors 747 . 44 Yarusso's Hardware Co. 82 . 95 City of Shakopee 23 ,253 . 00 B C & T Bunn 12 ,471 . 65 Marvin Athmann 29.08 R.W. Beck and Associates 3 ,703 . 17 McGrann, Shea, Franzen, Carvinal , Straughn and Lamb Chartered 105 . 54 Minnesota Environmental Quality Board 174 . 10 Express Messenger 21 . 00 Northern States Power Co. 2 ,143 . 81 Motion to approve the warrants for payment : by Vierling, seconded by Cook. Motion carried. Motion by Cook, seconded by Vierling to adopt Resolution #433, A Resolution Authorizing the Entering Into A License Agreement with the Chicago and Northwestern Railroad for one Twelve Inch Water Main in Casing Upon and Across the Right of Way and Property, Under the Tracks , Of the Chicago and Northwestern Railroad Located Along CSAH 18 in Shakopee. Roll call : Ayes: Commissioners Vierling and Cook. Nayes : none. Motion carried. Resolution passed. Commissioner Cook confirmed that the next session of the Utilities commission would be on September 12 , 1994 at 4 : 30 PM, for other items of business . Motion to adjourn by Vierling, seconded by Cook. Motion Carried. • bCAN1W 54\'0Pr Barbara Menden: mission Secretary (6)1 MEMO TO: Shakopee City Council FROM: Barry A. Stock, Assistant City Administrator RE: DNR Trail - Murphy's Landing DATE: September 13 , 1994 INTRODUCTION: This past June the Department of Natural Resources (DNR) and Murphy's Landing entered into a Memorandum of Understanding regarding the completion of the Minnesota Valley Trail through Murphy's Landing. To further delineate the precise corridor on which the trail will be constructed, it is necessary for the DNR to obtain a permanent easement from the City of Shakopee. This part of the process has been placed on hold until such time that clear ownership of title to the parcels within Murphy's Landing could be ascertained. Several months ago, it was determined that the Eastern edge of the Murphy's Landing site was in the name of Scott County. In early August, at the direction of City Council staff notified the Scott County Administrator that the City was interested in securing title to the property. At the County Board Committee of the Whole meeting on September 13th. , a motion was made to recommend to the Scott County Board that the property in question be deeded to the City of Shakopee and that the City hold the property in trust on behalf of the Historical Society. The reference to holding the property in trust on behalf of the Historical Society is carryover from the language included in the original transfer of the property from Owens-Illinois to Scott County. Once the property is deeded to the City of Shakopee, it will be necessary for the DNR to prepare a permanent Trail Easement Agreement. When the easement agreement is complete, it will be presented to City Council for final review and approval. A memo will be prepared for Council consideration authorizing the appropriate City Official to execute the land transfer from Scott County to the City upon official notification from Scott County. Staff expects that this memo could be presented to Council as early as October 4 , 1994 . BAS/tiv 0 OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota September 8, 1994 MEMBERS PRESENT: Madigan, Mars, Dubois, Christensen, Link, & Bladow MEMBERS ABSENT: Joos STAFF PRESENT: Lindberg Ekola, Planning Director Terrie Sandbeck, Assistant City Planner Paul Bilotta, Senior Planner Dave Nummer, Staff Engineer Lisa Anderson, Recording Secretary I. ROLL CALL Chrmn. Mars called the meeting to order at 7:34 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF AUGUST 4, 1994, MEETING MINUTES The meeting minutes were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. OTHER BUSINESS The Board of Adjustment and Appeals set a Special Meeting date for September 22, 1994, at 7:30 P.M. Comm. DuBois and Christensen informed the Board that they would both be absent from the Special Meeting on September 22nd. VI. ADJOURNMENT The meeting adjourned at 7:36 P.M., until the Special Session on September 22, 1994. {BOAAMINU.SEP} OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota September 8, 1994 MEMBERS PRESENT: Madigan, Mars, DuBois, Christensen, Bladow, & Link MEMBERS ABSENT: Joos STAFF PRESENT: Lindberg Ekola, Planning Director Terrie Sandbeck, Assistant City Planner Paul Bilotta, Senior Planner Dave Nummer, Staff Engineer Lisa Anderson, Recording Secretary I. ROLL CALL Vice Chrmn. Mars called the meeting to order at 7:36 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The Planning Director added to Other Business the special session of the Planning Commission to be held on September 22, 1994. The agenda was approved as amended. III. APPROVAL OF THE AUGUST 4 and 11, 1994, MEETING MINUTES The Minutes of the August 4, 1994, meeting were approved as presented. The Minutes of the August 11, 1994, meeting were approved as presented, with Vice Chrmn. Mars abstaining from the motion due to his absence from that meeting. IV. RECOGNITION OF INTERESTED CITIZENS Vice Chrmn. Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. APPROVAL OF CONSENT AGENDA The Consent Agenda was approved as presented. This resulted in a recommendation to the City Council to amend the Final Plat of The Meadows 9th Addition to correct a lot dimension. Minutes of the Page - 2 Shakopee Planning Commission September 8, 1994 VI. PUBLIC HEARING CONTINUED: TO CONSIDER THE PRELIMINARY PLAT OF THE MEADOWS WEST ADDITION, LOCATED WEST OF CR 79, EAST OF CR 77, AND SOUTH OF THE UPPER VALLEY DRAINAGE DITCH -GOLD NUGGET DEVELOPMENT, INC. Vice Chrmn. Mars re-opened the public hearing regarding the above entitled matter. The Asst. City Planner provided a brief summary regarding this matter. She stated that Gold Nugget Development is requesting approval of the Preliminary Plat for the Meadows West, and that the public hearing for this request was opened at the August 4th meeting, but was continued to allow additional time for staff to review the revised street designs. Staff has recently completed this review. However, the Stormwater Management Plan needs to be revised to provide the appropriate stormwater retention facilities. She added that once the ponding areas have been identified and approved, the applicant will need to show the required drainage easements which will contain the ponding sites. This may result in a reduction in the number of lots within the plat, and may result in the realignment of the streets. As such, both the plat drawing and the grading plan would need to be revised. The Asst. City Planner added stated that the applicant has also submitted a request for Final Plat approval for the 1st phase of the development, and that this request would be reviewed at the September 22, 1994, meeting. She said that staff is recommending that the public hearing for the Preliminary Plat be continued until that same meeting to allow additional time for the applicant to resolve the stormwater issues. The applicant, Wayne Fleck, Gold Nugget Development, approached the podium. He stated that he really has a problem with tabling this matter. He has been waiting for more than two years regarding this development and felt that he has been more than cooperative with the City. He stated that he has had his plat into the City for review since June and feels it is unfair not to allow it to be approved because of a ponding issue that is not yet in effect. The Staff Engineer stated that this is the first case that staff has had to deal with the new Stormwater Management Plan, and they are doing their best to sort through any problems. He stated that even though this plan has not been adopted by the City, this is a governmental issue and it still needs to be enforced. The applicant, Wayne Fleck, stated that he sat down with Dave Hutton and Lindberg Ekola and discussed any ponding issues and it was stated that was what this ditch and this pipe was for, and therefore Mr. Fleck did not address the stormwater issue any further. The applicant stated again that he does not feel it is fair to hold up the first plat because of these stormwater conditions. He feels that if real research was done, the ponding area that is on the site would be sufficient enough to handle the stormwater. Minutes of the Page - 3 Shakopee Planning Commission September 8, 1994 Comm. DuBois asked if this matter could move forward without having the ponding in place. The Staff Engineer stated that the Preliminary Plat should not be approved until all of the right-of-ways and drainage easements can be determined and are approved on the entire Preliminary Plat area. Comm. Bladow stated that he doesn't feel this issue is the fault of staff, or of the Planning Commissioners, because their hands are tied by the Met Council and their regulations. These regulations must be enforced. Ms. Teresa Hagland, Pioneer Engineering, P.A., 625 Highway 10 N.E., Blaine, MN, approached the podium. She stated that their company is working with Mr. Fleck on this project. She concurred with the previous statements made by Mr. Fleck. She also stated that any changes made to the plat at this point in time, would involve a lot of time and money. Jon Albinson, Valley Industrial Park, Shakopee, MN, approached the podium. He stated that he is a disinterested third party, and can concur with Mr. Fleck. Mr. Albinson feels that it is not fair that Mr. Fleck be expected to meet policies that are not yet adopted. Motion: Comm. Madigan/Christensen offered a motion to close the public hearing. Motion and second withdrawn. Comm. DuBois stated that she concurs with Mr. Fleck and Mr. Albinson that it is unfair to hold up a developer for a policy that has not yet been adopted. The Staff Engineer reinforced his comments that these requirements have been mandated by other governmental agencies and that it is the responsibility of the City to enforce them. The new Stormwater Management Plan, which was recently completed by the City's consultant, reflects these mandates. The previous plan did not contain these requirements as they were not in place at the time the plan was written. Although the new Stormwater Management Plan has not been adopted by the City, compliance with these requirements must be enforced. Motion: Comm. Madigan/Christensen offered a motion to continue the public hearing to the September 22, 1994, Planning Commission meeting. Vote: Motion carried unanimously. Minutes of the Page - 4 Shakopee Planning Commission September 8, 1994 VII. PUBLIC HEARING: TO CONSIDER A TEXT AMENDMENT WHICH WOULD MODIFY THE HOURS OF OPERATION FOR MINING AS A CONDITIONAL USE IN THE 1-2 DISTRICT. - CITY OF SHAKOPEE. Vice Chrmn. Mars opened the public hearing regarding this matter. The Planning Director stated that staff is recommending continuing the public hearing in order to obtain additional information, and to do additional research regarding this matter. Motion: Comm. Christensen/Link offered a motion to continue the public hearing to the October 6, 1994, Planning Commission meeting. Vote: Motion carried unanimously. VIII. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR THE PRELIMINARY AND FINAL PLAT FOR MONNENS 1ST ADDITION, LYING EAST OF MARKET STREET AND NORTH OF THE 5TH AVENUE AND MARKET STREET INTERSECTION - JEFF MONNENS. Vice Chrmn. Mars opened the public hearing regarding the above entitled matter. The Asst. City Planner provided a brief summary regarding this request. She stated that the applicant has submitted applications for both the Preliminary and Final Plat for Monnens First Addition. However, Lot 1, Block 1 contains an existing structure that is only 21-1/2 feet from the front lot line. In order to subdivide the property as proposed, a separate request for a variance to the 30' front yard setback will be required. She stated that the public hearing for this variance request will be held at the September 22, 1994, meeting of the Board of Adjustments and Appeals. She added that, because of the variance issue, staff is recommending that the public hearing regarding the plat be continued to the September 22, 1994, meeting of the Planning Commission. Comm. Christensen stated she will not be attending the September 22, 1994, Planning Commission meeting. However, she urged staff to make the Commissioners aware of where all of the existing structures on that block are located from Fourth to Seventh Street, because visually that is what is going to be important. Motion: Comm. Christensen/DuBois offered a motion to continue the public hearing for the Preliminary and Final Plat for Monnens First Addition to the September 22, 1994, Special Meeting of the Planning Commission. Vote: Motion carried unanimously. Minutes of the Page - 5 Shakopee Planning Commission September 8, 1994 IX. PUBLIC HEARING: TO CONSIDER AMENDING THE COMPREHENSIVE SEWER PLAN IN THE SHAKOPEE COMPREHENSIVE PLAN - CITY OF SHAKOPEE. Vice Chrmn. Mars opened the public hearing regarding the above entitled matter. The Planning Director provided a brief summary regarding this matter. He stated that the Shakopee City Council authorized the preparation of a 50 year Comprehensive Sanitary Sewer Plan on August 20, 1991. The intent of the plan is to look at sewer issues and needs affecting the City in detail over a long period of time. This plan is intended to meet both the Met Council's Tier I and Tier II level requirements. He also stated that the 50 year Comprehensive Plan and the summary Sewer Plan element has been submitted to the Metropolitan Council for review and staff is working closely with Metropolitan Council staff to ensure their concerns are addressed prior to a formal submittal of the plan. The Sanitary Sewer Plan has been developed so that it may be used to amend the 1981 Comprehensive Plan, and also be approved when the current Comprehensive Plan effort is complete. It will completely replace the existing sanitary sewer chapter of the 1981 Comprehensive Plan. The Senior Planner provided a brief summary regarding the City's growth projections. (A handout was provided to the Planning Commission regarding these projections.) He stated that in the past, Shakopee has had a very steady population growth. Mr. Dan Boxrud, approached the podium. He provided a brief summary regarding the land usage. (A handout was also provided to the Planning Commission regarding the projections.) He stated that, based on a measurement of developed single family residential land compared to the number of single family connections the MWCC has documented for the City of Shakopee, the 1990 housing density was 2.82 units per gross acre. The draft Comprehensive Plan identifies future development at a rate of 2.5 units per gross acre. He stated that this is appropriate in that it is conservative in terms of the amount of land needed for residential growth. Mr. Boxrud also stated that on the average, due to Shakopee's availability of industrial land, development requiring a lot of land has been attracted to Shakopee, but these users create only about 5 jobs per acre. He stated that no non-residential land needs to be added to the MUSA through the year 2040. All 480 acres of commercial land available was assumed to be consumed at a uniform rate by 2040, with the remainder of the total demand being satisfied with industrial land. Mr. Boxrud stated that the Shakopee/Chaska Interceptor cost sharing agreement between the City and the Metropolitan Council/MWCC indicates that the City must submit a reconfigured 2000 MUSA incorporating a reduction of 180 cares industrial land, but adding 360 acres residential land. The 180 acre industrial land reduction from that available within the MUSA is within the projected range of 135 to 205 acres excess projected for 2040. The addition of 360 acres of single family residential land does not fully satisfy the calculated need to add 465 acres to the MUSA by 2000. However, the five year over supply for the year 2000 would occupy 398 acres at 2.5 units per acre. Minutes of the Page - 6 Shakopee Planning Commission September 8, 1994 A short recess was taken at approximately 9:03 P.M., and the meeting reconvened at approximately 9:20 P.M. Motion: Christensen/DuBois offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Christensen/Bladow offered a motion to recommend to the City Council the approval of the Comprehensive Sanitary Sewer Plan as an element of the Comprehensive Plan. Vote: Motion carried unanimously. X. PUBLIC HEARING: TO CONSIDER AMENDING THE STORMWATER MANAGEMENT PLAN IN THE SHAKOPEE COMPREHENSIVE PLAN - CITY OF SHAKOPEE. Vice Chrmn. Mars opened the public hearing regarding the above entitled matter. The Senior Planner stated that staff is still waiting to receive more information from the consultant, and recommended that the Planning Commission continue the public hearing to the September 22, 1994, Planning Commission meeting. Motion: Comm. Madigan/Link offered a motion to continue the public hearing to the September 22, 1994, Planning Commission meeting. Vote: Motion carried unanimously. XI. DISCUSSION: TO REVIEW THE CONCEPTUAL SITE PLAN FOR THE ST. FRANCIS REGIONAL MEDICAL CENTER. Vice Chrmn. Mars opened the floor for discussion regarding the above entitled matter. The Planning Director stated that the applicants are requesting that the Planning Commission review the proposed plan and provide general comments. Mr. Richard Wicka, representative for St. Francis Medical Center, approached the podium. He stated that this Center, along with Park Nicollet Medical Center, will provide the community with health care, a delivery system, an inpatient ambulatory facility, various medical clinics, and multi-tenant office buildings. A diagram was provided to the Planning Commission indicating the proposed location of the buildings, the landscaping, and the road designs. A representative stated that the proposed PUD is scheduled to be turned in to the City Minutes of the Page - 7 Shakopee Planning Commission September 8, 1994 by the following week. Comm. Christensen and Bladow stated a concern regarding the emergency access road. They feel that perhaps the access should be off of a commercial zone, rather than a residential zone. Comm. Christensen stated that maybe the whole plan could justbe flipped around to alleviate the access problem. Mr. Bruce Bankin, developer for Orin Thompson Homes, approached the podium. He stated that he is in favor of this development and feels it would be a great benefit to the community. Comm. Christensen wanted the record to indicate she is not against the proposed plan. She is only offering her opinion, as requested by the developers. XII. FINAL PLAT CORRECTION: TO CORRECT A LOT DIMENSION IN THE FINAL PLAT OF THE MEADOWS 9TH ADDITION - GOLD NUGGET DEVELOPMENT. INC. This item was previously recommended for approval to the City Council under the Consent Agenda. XIII. OTHER BUSINESS The Planning Commission set a Special Meeting date for September 22, 1994, at 7:30 P.M. Comm. DuBois and Christensen informed the Commission at they would both be absent from the Special Meeting on September 22nd. The Senior Planner handed out a document regarding the proposed plan for Shakopee Crossings. The Planning Directed stated that each Planning Commissioner has been given a copy of the 1980 Comprehensive Plan for the City of Shakopee for their reference. The Planning Director stated that there will be an additional special meetings required to be held in the upcoming months. XIV. ADJOURNMENT The meeting adjourned at approximately 10:18 p.m. (PCMINUTE.SEP) SEP-14-1994 15:58 PARAGON CABLE MINN 612 521 7626 P.0 03 Y 9 PARAGON CABLE M , N N E 5 0 T September 14, 1994 Mr. Barry Stock Assistant City Administrator City of Shakopee 129 Holmes Street South Shakopee,MN 55379 Dear Barry: We are writing in regard to extended Paragon Cable customer service, billing, repair, telephone numbers,and cable store hours in the cities of Bloomington,Fridley,St.Louis Park,and Shakopee. As of October 7, 1994,Paragon will be expanding customer service hours on weekends. Currently, the weekend hours are: 8;00 am to noon,Saturday-billing; 8:00 am to midnight,Saturday-repair; noon to midnight,Sunday-repair. Paragon's new customer service hours and telephone numbers will be: 9:00 am to 7:00 pm,Monday through Friday-522-2000- billing; 9:00 am to 10:00 pm,Seven days a week- 522-7700 -repair; 9:00 am to 5:00 pm,Saturday-522-2000-billing; 10:00 pm to 9:00 am-522-7700-emergency repair service seven days a week. The new cable store hours will be: 9:00 am to 7:00 pm,Monday through Friday; 9:00 am to 5:00 pm,on Saturday. Previously the hours for the cable store were: 8:00 am to 5:00 pm,Monday through Friday; Shakopee was open from 9:00 am to 6:00 pm; All stores were closed on Saturday. The extended cable store hours will provide an additional level of service to our new communities. Customers will have more access to us during the evening and on the weekends. It will also add more convenience,flexibility,and support for our customers. 801 Plymouth Avenue North,Minneopolis,Minnesoto 55411 612/522-5200 TDD 612/522-4538 FAX 612/521-7626 A KBLCOM incorporoted company SEP-14-1994 15:59 PARAGON CABLE MINN 612 521 7626 P.03/03 Barry Stock September 14, 1994 Page 2 As part of the ongoing transition process,another activity you should be aware of is the complete system "walk out" scheduled to begin approximately September 15, and conclude no later than November 15. The "walk out" involves the physical identification of each residential address throughout the cable system, as well as the verification of the location and types of system electronics and actual system plant miles of cable. Once the information has been entered into the data base of our M.I.S. system,it will be used to more effectively serve our customers through the use of more accurate and timely technical and marketing information. While this process does not involve any disruption in actual cable service and will not involve a visit into customer homes,you may receive calls from residents wondering what our crews are up to. Each member of the crew will be carrying a Paragon I.D.card,and will be wearing other identifying clothing. We will also inform the local police departments so they are aware of the areas the crews will be working in the event they,too,receive inquiries. The walkout will begin in Fridley,then move to Shakopee and Chaska,with St. Louis Park and Bloomington following shortly thereafter. As always,please feel free to refer the calls to us and we will be happy to answer questions residents may have. Sincerely`d Roden Mark Hamtnerstrom Vice President of Director of Nortel Public Affairs Operations CC: Cable Commission TOTAL P.as 10 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: September 15, 1994 RE: Monthly Progress Report Attached is the civil monthly progress report and the criminal monthly charts . If you have any questions about these, please let me know. Signed Karen Mart , City Attorney MONTHLY PROGRESS REPORT August 1994 LAW DEPARTMENT Civil projects are shown on this page; separate chart showing August prosecutions is attached. Project Deadline Progress Comments SPUC EAW for 7/94 Done The EQB finally made a electrical negative declaration, that substation no EIS is needed. This is a very good result . Springers 11/94 Good Ready for City Council action, but on hold due to bankruptcy of owners. EDA creation 11/94 (New) Create an EDA to replace HRA. Personnel 12/94 Drafted Ready for City Council handbook review. 1994 City 12/94 Slow Put off for other work. Code update NSP franchise 2/95 Slow Negotiating a new franchise. Some issues need to be resolved with NSP. Subdivision 4/95 On hold To be done after new regulations zoning ordinance is effective. KEM:bjm [7MEMO2] Attachment T ' / T Es! T 1 I I I I I_I_I UJ U ///iii/////////// oir/i/ii//////////////// V I I I - /W//i////////////////////////////////////////////////////////////////////// p Z I ,y//t/w////////,,/,,////////-z < . I %/////////////////////////////I / U CCv,////4<//,y,/////////;///./////////////// ///////////////////- O ///dillilii/iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii n" /V////////iii/ii///iii///. ow 111111111 L. 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(5 . 4 :.:.N.Wi...uiroiiii/i/iiiii, -MMEINNIMMUM -3030 rlJ..!.M. .:i 30:30!.:.!.4\\\\\\\\---/ % p••.<. .:❖X4X4.'::•:::\:e'u:Y////� ��MEMMENEMMIIMMEMMIMMMM b t 1 Xt.W4WXMK•:•:•W._ ///. CU CA ceo immomommumommommomm Cl? ::.:'///////, r Ur4 2 ..•... �� MilMINN 30•300 ir a O Ncri‘ ----...•:r:-.::::-----_...•:1\�\\',.----._.._74/4/14/4%/. z. °�..\ !!'7Z y in 1111 rn 11111111•111111MEMEMMEMOMEN mmEmmommmemmommilimmi 3 LO 1.4 R .1307301.1vvvvv iiV/1/./i. .::7///;//////////,//,jCI E-4 4) t' ti I :iii I..■ eo■ u.. u.0 1111•2p o o p p p rr scorn igaddV jo iogwnN 1110 Monthly Project Report - Submitted by Barry Stock September 15, 1994 Project Start Complete Status Comments 1. Clinic RFP's ? ? 0% Intern Project 2 . AWAIR Program ? ? 0% Intern Project 3 . Perform Employee 5/1 5/15 0% Evaluations 4 . Develop Pay for Perf. Program 4/1 7/1 10% Intern Project 5. Complete Dept. Reorganization Plan 3/1 9/1 90% 6. City Newsletter 8/2 9/8 90% To be mailed 9/21/94 7. Stan House Project 2/15 8/1 85% 8. 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I Xn • II 0) 5 ro 41 H �1 J -4 1 ro H H II t0 I m y • UI UI N 1 m C • II UI 1 z AC .A .A .A Z ):4 0 II .• I Cil - - - I Cn r • u .A 1 m CO CO J J I M II r I UI Ut CO 01 II C.1 I UI UI UI 0 II • I I II N I O 0 N r II UI I -4 -7 N CO I I I 1 II to 1 CO VII Cp II I I C C I I C C I L•3 ll P114 > 0 r 1 P. > 0 I .A II -I H Cr) I I r . II M H Cil 1 to u > 0 H N N 01 .A II Z CC H I -`� I nrH° D CO `�- - � u nr -3 I N I m 0 W W UI co II m 0 I r I N N to .A II 1 01 I .A .A .A CO u 1 • I II 1 J 1 t0 to -4 CO It 1 Ut I W W CO N III 1 I m I m 1 x ro I x ro II t ."0 m I MI m II I m 'A I m ;v 11 1 z n ,aI z n I:, iCmII UI Z Cu CO CO w CI Z W II to 1 C7 -3 CD 01 01 CO r 1 0 H ID II • I •II -I I W W tJ l.J 01 I N II r I CO C 1 .A lJ /r TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 20, 1994 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 p.m. 2] Approval of Agenda 3 ] Liaison Reports from Councilmembers 4] Mayor's Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *7] Approve Minutes of August 30th and September 12th, 1994 8] Communications: *a] Leroy Arnoldi, Scott County Assessor, regarding 1995 assessment agreement 9] 7 . 00 P.M. PUBLIC HEARING on proposed storm water improvements for Northern Shakopee for the area lying north of Canterbury Downs and between Shenandoah Drive and CR-83 , Project No. 1995-1 (If agendacancelling his public hearinggwill , is approved under the consent business, not be held. ) 10] Recommendations from Boards and Commissions: *a] Surveyors Correction to Final Plat of The Meadows 9th Addition - Res. No. 4068 b] Comprehensive Sewer Plan 11] Reports from Staff: *a] Vacant Clerical Position - Police Department b] Consultant Services for Designing CR-16 Sanitary Sewer c] Solicit Proposals for Pavement Management System *d] Tree Grant Through The SBA *e] Calling 1988A GO Improvement Bonds 11 TENTATIVE AGENDA September 20, 1994 Page -2- 11] Reports from Staff continued: *f] Approve Bills in the Amount of $827 , 146 . 41 *g] Sewer Study on Westside Sewer District *h] Release of Agreements Against Mn. Valley 6th and Minnesota Valley 3rd Additions *i] ISD 720/City of Shakopee Property Purchase j ] Clean-up After Contractor k] Policy for Replacement of Councilmembers on City Council *1] Met Council Water Quality Grants m] Customer Service Representative and Clerk Typist I Position Appointments n] Elimination of Positions and Notification to Employees 12 ] Resolutions and Ordinances: *a] Res. No. 4070 - Accepting Work on Apgar Street, Project No. 1992-6 *b] Ord. No. 386 - Renaming Vierling Drive West of Presidential Lane *c] Res. No. 4071 - Amending Recreation Department Budget *d] Res. No. 4074 - Approving Premises Permit for Shakopee Youth Hockey, Inc. *e] Res. No. 4072 - Stormwater Improvements ncelling Public nfrornNorthern d Shakopee, Project No. 1995-1 13] Other Business: a] b] c] 14] Adjourn Dennis R. Kraft City Administrator REMINDER: 5: 00 p.m. September 28th Committee of the Whole meeting OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ.REG. SESSION SHAKOPEE, MINNESOTA AUGUST 30, 1994 Acting Mayor Beard called the meeting to order at 5: 10 P.M. with Councilmembers Dirks and Sweeney present. Mayor Laurent arrived at 5: 26 P.M. and Councilor Lynch at 5: 14 P.M. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Judith S. Cox, City Clerk; Lindberg Ekola, Planning Director; Dave Nummer, Staff Engineer; Paul Bilotta, Senior Planner; Gregg Voxiand, Finance Director; Frank Ries, Fire Chief; and Tom Steininger, Chief of Police. There being no business to come before the Council at this time, Acting Mayor Beard recessed the meeting until after the Committee of the Whole meeting. The meeting was re-convened at 8 : 25 P.M. with Councilor Dirks absent. Sweeney/Lynch offered Resolution No. 4077, A Resolution Establishing An Internal Service Fund For Equipment, and moved its adoption. Motion carried unanimously. Mr. Stock stated that the recreation activity fees for non- residents will need to be looked at. Cncl.Lynch stated that non-residents need to pay their fair share. Their fees can be subsidized (by their governing bodies) or paid by the users or somewhere in between. Mayor Laurent adjourned the meeting at 8: 35 P.M. lieuo .Gt ef- Af: 4d th S. Cox ii Clerk •= ording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA SEPTEMBER 12 , 1994 Mayor Laurent called the meeting to order at 8 : 30 A.M. with Councilmembers Lynch, Dirks, Beard, and Sweeney present. Also presents: Dennis R. Kraft, City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Lindberg Ekola, Planning Director; and Dave Nummer, Staff Engineer. Sweeney/Lynch moved to accept the special call of the Mayor. Motion carried unanimously. The City Clerk explained the need to acquire easements along the new parcels created as a result of the minor subdivision process for two lots in Century Plaza Square 3rd Addition for Murray Williamson. She explained that the original, incorrectly described easement had not been recorded and therefore no action was needed by City Council to vacate it. She explained that two corrected easements will be provided to the City. Sweeney/Dirks offered Resolution No. 4067, A Resolution of the City of Shakopee, Minnesota, Vacating A Portion of Vierling Drive Between County Road 15 and Harrison Street, and Vacating A Portion of Presidential Lane South of Vierling Drive, and Repealing Resolutions No. 4022 and 4053, and moved its adoption. Motion carried unanimously with Mayor Laurent abstaining. Sweeney/Lynch moved to direct staff to make any substantive adjustments or corrections to the property described in Res. No. 4067 without further recourse to City Council. Motion carried unanimously with Mayor Laurent abstaining. Beard/Sweeney authorized staff to hire Lisa Anderson, Recording Secretary, as a part-time clerk/typist for the Planning Department for 20 hours a week at a rate of $2. 50 to $3 . 00 less than from Valley Temporary Staffing, Inc. at their rate of $11. 62 per hour. Motion carried unanimously. There being no further business to come before the Council, Mayor Laurent adjourned the meeting at 8 :44 A.M. V�D ,, ,( � . x 0• ith S. Cox y Clerk -ecording Secretary SCCP1QM1C'A`5TES SOR Pet., COURTHOUSE 112 fi 428 SOUTH HOLMES ,•. ;- SHAKOPEE, MN 55379-1381 (612) 496-8115 Fax No. (612) 496-8257 September 6 , 1994 Dennis Kraft, Administrator City of Shakopee Shakopee City Hall 129 Holmes St. S. Shakopee, MN 55379 Dear Mr. Kraft, Enclosed please find the original Assessment Agreement between Scott County and your taxing district for the 1995 assessment year. Please sign the enclosed contract before two witnesses and have it attested to. Return the agreement as soon as possible and I will send a copy of the completed contract after it has been approved and signed by the Scott County Board of Commissioners and the Attorney' s Office. If you have any questions please feel free to contact me. Your prompt attention will be greatly appreciated. Sincerely, a4^,4.4/4 Leroy T. Arnoldi Scott County Assessor LTA/jkf enc. /1 RECOMMENDED ACTION: Authorize the appropriate City Officials to execute an assessment agreement with the County of Scott for 1995 for the amount of $34,700. 00. v • • ASSESSMENT AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND THE COUNTY OF SCOTT THIS AGREEMENT is made and entered into by and between the City of Shakopee and the County of Scott, State of Minnesota, this day of , 19 WHEREAS, the City of Shakopee wishes to enter into an agreement with the County of Scott to provide for the assessment of the property in said City by the County Assessor; and WHEREAS, it is the wish of said County to cooperate with said City to provide for a fair and equitable assessment of property; NOW THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED IT IS AGREED AS FOLLOWS: 1 . That the City of Shakopee which lies within the County of Scott and constitutes a separate district, shall have its property assessed by the County Assessor of Scott County, for the assessment of the year 1995. 2 . That the County Assessor of Scott County assign a knowledgeable assessor with industrial/commercial experience to provide the Shakopee assessment, said assessment to be reviewed by the Deputy Assessor who coordinates all industrial/commercial assessments . 3 . That the assessor assigned to Shakopee be available during normal working hours to respond to Shakopee citizens ' requests for assessing information and requests for assessment data from the City of Shakopee. 4 . That the City of Shakopee will continue to conduct a Board of Review and upon the agreement of both parties, the City Attorney may assist the County Attorney in any tax appeals. 5 . That in consideration for said assessment services, the City of Shakopee hereby agrees to pay the County of Scott the sum of $34, 700.00 on or before July 15, 1995 . IN WITNESS WHEREOF, the parties have executed this agreement this day of , 19 In presence of: For City of Shakopee Signed: By Attest In presence of: For County of Scott Signed: By Attest JAMES A TERWEDO, SCOTT COUNTY ATTORNEY Approved as to Form: Angela M. Helseth Assistant Scott County Attorney i I 11 o r 4. cc.t), f A rill 6 crs W \ arc, ¢ nc c'T" 5 7-? Cj Arl , (0( ii 0)' t�irrk►6 re ChihU Is taS -441:41k _ cin c va le. En Co,c c ( ki, s c74.16Cod -c . 6( 01. __ SU bok � . qIct/misf a ( G C bu,SS (h eS a P p ftcct 1`to 4t- .0 It t c las am c o c -f ti ll E.,e tic c w_ ci p p I I C 4 4/0;tt s QC r- - - .c_ _rr (` d (�14 C C mctc -fv� relT a* cc hew �� -11 lq1 h ‘db p -c-c ) ? Q l W \ .5/44rYlcv, �G4r G vital Couticr 1 A6UC (� cIA rQ v ( 0 -ej ‘\..:l41,>,‘\..:l41,>, VU � II/c. kir) Uw / e qq\ C,k4 U CO 1, ,C-i /OrhS r- , rS Cjc t-,-. c it cSeh+ ( h -- 1c � �P1 ( C4 !/° kis Q -1 --/Ac 0 4 1-er Aviv ccv0 itca ii is , xsilf\ t, , less A'1S _ G, vpcGr 40 Jc 4 ) 1 q (A ' cc__ oc ac, ,, , ,,v, ,r„,cd., , „ -4- 1, ,,-1- 1) ., 0,), ,, Q A h of o rS c-J 6', Slcct -C-r H623. (1 cA r a ch 191 (.011 b cr 6----C --.1 h -c C/4 \.5. 6o It I Q - ---P, C ccT Orr SA k 4-ocep il Ii ! T. ..)0k.NDI U lir. 'C- ci ii g6 oir t-c-- j ;, 15-0, ' ,c,4 P-5--it v C. H -a„, ',VieIr- lg SA4/r6pcc / 76 7qg (GL M c" (1?1/4).5 S. G r ��.rt (Pr i5 cs p i 4 U16( 4 t G-•.s ic( et t d` T S S4 Coy tff( � � s k)Cif // / lI a55 , rebtsf crcS Ctf v S tic a ck.-1 C,4 S-t.tA JIJ � ,5-CCI, � 1U � //-- Of /1 jr( C�1 CO'4J-z .�,rl In-r s S r j IS do �l� r Fv( 4 1 j �A vV— d3v55 3 I � I f /S a tt G ec'ele- Ivo) e Ct G� / 4 -7 ,c6 - 6u.>,, ir" ( "'‘,5 b D‘td CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Surveyors Correction to Final Plat of The Meadows 9th Addition MEETING DATE: September 20, 1994 Introduction: In August of 1993, the Shakopee City Council approved the Final Plat for The Meadows 9th Addition. Recently, it was discovered that the Registered Land Surveyor that prepared the survey for the plat made an error on one of the dimensions for one of the lots. The purpose of this memo is to correct this error. At their meeting on September 9, 1994, the Shakopee Planning Commission recommended approval of an amendment to the resolution approving the final plat for The Meadows 9th Addition to reflect the surveyor's correction to the dimension on the south line of Lot 6, Block 2 Background: In August of last year, the Shakopee City Council approved the Final Plat for The Meadows 9th Addition, subject to 11 conditions. The subject site is located south of Vierling Drive and east of County Road 79, and extends Primrose Lane, Thistle Lane, and Sage Lane. It contains 66 residential lots and one outlot on 28.49 acres. The area is zoned R-2, Urban Residential, and the developer is Gold Nugget Development, Inc. The Registered Land Surveyor that prepared the plat made an error in the dimension on the south line of Lot 6, Block 2. The original survey stated that this dimension was only 93.32 feet. The correct dimension should be 104.77 feet. Attached is a copy of a "Land Surveyors Certificate of Correction to P/at" which will correct the error, and a copy of the portion of the plat which shows Lot 6, Block 2. Planning Commission Recommendation: The Planning Commission recommends approval of a surveyor's correction to the Final Plat for The Meadows, 9th Addition, subject to the original 11 conditions of Resolution 3843, plus the following condition: 12. The dimension of 93.32 feet on the south line of Lot 6, Block 2, The Meadows 9th Addition shall be revised to 104.77 feet, as per the Land Surveyors Certificate of Correction to Plat. This Certificate of Correction shall be approved by the Scott County Surveyor and recorded at the Scott County Recorder's Office. Action Requested: Offer Resolution No. 4068, a Resolution Amending Resolution No. 3843, A Resolution Approving the Final Plat for The Meadows 9th Addition, and move its approval. (CITYCOUN\FPREVM E9.920) LAND SURVEYORS CERTIFICATE OF CORRECTION TO PLAT Name of Plat: The Meadows 9th Addition Pursuant to the provision of Chapter 505.174 Laws of Minnesota, 1957 Robert B. Sikich , the undersigned, a Registered Land Surveyor in and for the State of Minnesota, declares as follows: 1. That I prepared the plat of The Meadows 9th Addition dated November 29, 1993 and filed on December 17, 1993 in the office of the County Recorder, Scott County, Minnesota, as document number 326807. 2. That said plat contains errors, omissions, or defects in the following particulars, to wit: The dimension of 93.32 feet on the south line of Lot 6, Block 2, is in error. 3. That said plat is hereby corrected in the following particular, to wit: The dimensionioof 93.32 feet should be 104.77 feet. Dated: 1--Li qz 5 lq 1¢ Z4/ d7 Registered Land Surveyor No. 14891 State of Minnesota The above Certificate of Correction to the plat of The Meadows 9th Addition has been approved at a regular meeting of The City Council of Shakopee , Minnesota held on the day of , 19 City Clerk This Certificate of Correction has been checked and approved this day of , 19 By Scott County Surveyor DRAFTED BY: Pioneer Engineering, P.A. 625 Highway 10 N.E. Blaine, Minnesota 55434 612-783-1880 MOWED ;', 199 RESOLUTION NO. 4068 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 3843, APPROVING THE FINAL PLAT OF THE MEADOWS 9TH ADDITION BY CORRECTING A DIMENSION ON LOT 6, BLOCK 2. WHEREAS, the City of Shakopee approved the Final Plat for The Meadows, 9th Addition on October 19, 1993; and WHEREAS,it was discovered that the Registered Land Surveyor who prepared the plat made an error in the dimension on the south line of Lot 6, Block 2, by noting that this dimension was 93.32 feet, while in fact the correct dimension is 104.77 feet; and WHEREAS, the Planning Commission of the City of Shakopee has reviewed the "Land Surveyors Certificate of Correction to P/at" which would correct this dimension; and WHEREAS, the Planning Commission recommends the correction. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat of The Meadows, 9th Addition, described as: Outlot A, The Meadows 8th Addition; and That part of Out/ot A, The Meadows 1st Addition, Scott County, Minnesota, lying westerly of a line parallel with and distant 30.00 feet easterly of the westerly line, subject to easement is hereby amended by dimension on the south line of Lot 6, Block 2, The Meadows 9th Addition from 93.32 feet to 104.77 feet, as per the Land Surveyors Certificate of Correction to Plat. The Certificate of Correction shall be approved by the Scott County Surveyor and recorded at the Scott County Recorder's Office. 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 session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney JOb MEMO TO: Dennis Kraft, City Administrator FROM: Paul Bilotta, Senior Planner DATE: September 14, 1994 RE: Comprehensive Sanitary Sewer Plan Introduction: The Shakopee City Council authorized preparation of a 50 year Comprehensive Sanitary Sewer Plan on August 20, 1991. The intent of the plan is to look at sewer issues and needs affecting the City in detail over a long period of time. This plan is intended to meet the Met Council's Tier I and Tier II level requirements. Background: Local governments in the metropolitan area are required by State law to submit a sewer plan describing long term sewer service needs from the Metropolitan Waste Control Commission (now under the Metropolitan Council). This Comprehensive Sewer Plan, also known as the Tier II requirements, is broad in scope (50 year time frame) and provides detailed sewer system engineering information. The 50 Year Comprehensive Sanitary Sewer Plan, attached with this memo as Exhibit A, looks at Shakopee's future sanitary sewer system needs until the year 2040. The City's consulting firm on this study was Short-Elliott-Hendrickson, Inc. (SEH). This study has now been completed and has resulted in the following: 1. Development of an electronic facilities management system including the location of all new manholes, pipe sizes and invert elevations installed since 1974. 2. Feasibility reports for the City's portion of the Chaska Interceptor (and prior to that the South Shakopee Interceptor Sewer). 3. Update the 1982 Inflow and Infiltration (I/I) study and identify remaining problem areas. 4. Creation of alternatives for the capacity problems at lift station L16 including an I/I study documenting the cost effectiveness of various alternatives for the River District Trunk Sewer. 5. Feasibility reports for the Rahr forcemain. 6. Creation of a trunk sewer area charge policy. 7. An ultimate trunk sanitary sewer system around which urban expansion can occur. 1 8. Preparation of a summary element suitable for insertion into the Comprehensive Plan. Under State law, cities in the region are also required to prepare comprehensive plans. These comprehensive plans are submitted to the Metropolitan Council to determine their consistency with the regional plans. Comprehensive plans contain several elements including land use, transportation, stormwater, housing, community facilities and sanitary sewers. The sanitary sewer element is to be coordinated with the other elements in a Comprehensive Plan. The sanitary sewer element must include maps illustrating the areas to be served by public sewers, establish existing and planned capacities, list standards for private sewers and identify areas not suitable for on-site systems. This information is referred to as the Tier I requirements. As a part of the contract with SEH, a summary of the 50 year Tier II Comprehensive Sewer Plan was required to be provided for the City's Comprehensive Plan (Tier I). SEH prepared this summary element and it is located in Appendix D of the attached document. Discussion: The 50 year Comprehensive Plan and the summary Sewer Plan element have been submitted to the Metropolitan Council for review. The consultant and City staff have been working closely with the Metropolitan Council staff to ensure their major concerns are addressed prior to a formal submittal of the approved plan. Since the Planning Commission review, staff has received some additional comments from the Metropolitan Council staff regarding on-site septic systems. Their concerns include the following: 1. The City should adopt Minnesota Rules 7080 governing the use and installation of on-site septic systems in addition to Scott County's ordinance. 2. Language should be added to the summary Sewer Plan element which specifies how and by whom on-site system pumpers and haulers will be licensed. 3. The City should add a policy statement which would require the establishment of a method (s) for biennial inspection of all septic systems. Language addressing the three concerns have been incorporated into the summary Sewer Plan element by expanding the original Policy No. SS-7 on Page 24.4 of Appendix D into three policies (SS-7, SS-8 and SS-9). With respect to the biennial inspection requirement, it is staff's understanding that there are several alternative methods of implementation. Additional development of an inspection program tailored to the City's context is needed. As discussed in the 1995 budget meetings, additional staff time or a reassignment of staff will likely be needed for this mandate. 2 1o19 The summary Sanitary Sewer Plan element has been developed so that it may be used to amend the 1981 and also be approved when the current Comprehensive Plan effort is complete. It will completely replace the existing sanitary sewer chapter of the 1981 Comprehensive Plan, The Sanitary Sewer Plan element is tied very closely to the other elements of the Comprehensive Plan because infrastructure improvements often must be made far in advance of actual need. For instance, the City's portion of the Chaska Interceptor must be sufficient to meet the City's growth needs for the life of that improvement (approximately 50 years). For this reason, it is critical that the design of the ultimate sanitary sewer system be based on the same population projections and projected land uses as the rest of the Comprehensive Plan. At the same time, incremental land use decisions must consider the impact on the sanitary sewer system. Over or under zoning of property on an incremental basis can result in sewer failures or wasted capacity. Either option results in inefficient use of the City's tax dollars. Alternatives: 1. Approve of the Comprehensive Sanitary Sewer Plan and the summary Sewer Plan element of the Comprehensive Plan. 2. Do not approve of the Comprehensive Sanitary Sewer Plan and the summary Sewer Plan element. Provide direction to staff on which areas should be modified in the plan. Recommendation: The Planning Commission recommends the approval of the Comprehensive Sanitary Sewer Plan and the summary Sewer Plan element of the Comprehensive Plan. Action Requested: 1. Offer a motion to approve the Comprehensive Sanitary Sewer Plan and the summary Sewer Plan element of the Comprehensive Plan. 2. 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IA E-r g § 6" N & $� p Tv N d' N � E E E O � O O C 6815=5. .0 x s �, 04 c v v re c U U O 2▪ 80 0 .1:41 a til 7� U U V U • X20 two' We. au ;o eo 0. 2 u c 3 9 - a •5 E A 1 ob H � � cg el � ,, S �: �; u O 8 11 Q N ti PO o~., Pq „�' �, V C fn w O {Out4g0 ~ O p,W O • as o 0 as1 cu � v � u . E b ►C ti tr, r4 el 0 OK n 0�% OKn 0. EG[41 uO u S a laU I7U sV uSM r O. tii :. E A.•izO 7.. y U) U) v) U) U) h v) H h ..! . . . . • ••°1> tn. • • 1 CONSENT / 16L TO: Mayor Laurent Councilmembers Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Vacant Clerical Position DATE: 09 01 94 INTRODUCTION: Sherry Borchardt resigned her clerical position with the Police Department on 08 25 94 . BACKGROUND: State law requires the Police Civil Service Commission to establish "eligible registers" and to certify the three names standing highest on the appropriate list to fill any vacancy. These lists must be the result of competitive testing. In August 1994, the appropriate notices were posted for City Employees and other persons who wished to establish themselves as candidates for the position of clerk typist to notify the Commission of their intentions. Nine applications were received. Written tests were administered by Scott County and oral testing was done by representatives of the Civil Service Commission. The Commission met on August 24, 1994 and established an eligibility list for the position of clerk typist. The top three names on the list were: 1. Myra LaFrance 2 . Heidi Bien 3 . Tracy Menden Myra LaFrance no longer wishes to be considered as a candidate for employment with the Police Department. Heidi Bein does not wish to be considered at this time but would like to remain on the eligible list. The top three names on the list subsequently become: 1. Tracy Menden 2 . Denise Rice 3 . Mary Trueman Funds exist in the 1994 Police Budget to pay for this position. ALTERNATIVES: 1. Appoint Tracy Menden to the position of clerk typist. 2 . Appoint Denise Rice to the position of clerk typist. 3 . Appoint Mary Trueman to the position of clerk typist. 4 . Do not fill the vacant position. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Appoint Tracy Menden to the position of clerk typist, effective immediately, at the 1994 rate of $1, 464 . 08 per month with subsequent adjustments as provided for by the Public and Law Enforcement Clerical, Custodial and Technical Employees Union Contract . • • -46 ) l MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer7M^9 SUBJECT: Consultant Services for the Design of the County Road 16 Sewer Improvements DATE: September 15, 1994 INTRODUCTION: Attached is a Contract Extension Agreement from Orr-Schelen-Mayeron & Assoc., Inc. (OSM) to provide professional engineering services to design the County Road (C.R.) 16 Sanitary Sewer Improvements. Staff is seeking permission to utilize OSM to design this project. BACKGROUND: ' On June 21, 1994, the City Council ordered the preparation of plans and specifications for utility improvements on C.R. 16. This project was prompted by the County's proposal to reconstruct C.R. 16 in 1995. The intent of the project is to coordinate the utility work and County road construction. Scott County is anticipating bidding this project early next year. Due to recent staff turnover, the Engineering Department feels this project should be designed out of house for the following reasons: 1. The design should be completed by the end of December to meet the County's schedule for bidding and construction. Even with a full staff, it would be difficult, if not impossible, to design this project in-house under these time restrictions. 2. The staff available for computer based drafting has been reduced by 50%, leaving only one technician who is proficient in Autocad. 3. The City no longer has a Registered Professional Engineer (P.E.) on staff who can approve plans. Although the City has retained Mr. Weiss to cover situations when a P.E. is required, asking Mr. Weiss to approve plans which were prepared largely by staff, and not under his direct supervision is stretching the bounds of professional ethics. 4. The current schedule for filling the Public Works Director position will probably not be December or January. Staff has reviewed the proposal by OSM. Their design fees are stated as not-to-exceed $29,500.00. The construction estimate from the feasibility report for this project is $641,470.00. The design fees represent 4.6% of the total construction costs. This percentage is in line with other consultant contracts. sr lb • • ALTERNATIVES: 1. Authorize the proper City officials to execute the Contract Extension Agreement with OSM for design services not-to-exceed $29,500.00. 2. Direct staff to obtain proposals from other consultants. 3. Deny the request for utilizing a consultant to design this project. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to authorize the proper City officials to execute the Contract Extension Agreement with ' Orr-Schelen-Mayeron & Assoc., Inc. for design services not-to-exceed $29,500.00. DMN/pmp OSM r September 8, 1994 • asymii Orr Schelen Mayeron& Associates,Inc. Cay Mr. Dave Nummer 300 Park Place City > of Shakopee 575 Wayzata - l O�s+ a e,_ • p Minneapolis, •) • � l 129 South Holmes Street 61 00-53-57 �� 9 I4134, A Shakopee, MN 55379 i7 FAX 595-5774 n s 91 Re: Contract Extension Agreement A I S Plan s CSAH 16 Sanitary Sewer Improvements surveyor Fi OSM Proposal No. 0306-94 Dear Mr. Nummer: According to our agreement for professional services with the City of Shakopee and Section I-C-2 (Major Projects), this extension agreement is for the design of sanitary sewer for portions of CSAH 16. This project is proposed to be bid separately from the County's reconstruction project and if possible, constructed prior to their project as well. The feasibility report has identified three segments, which are proposed to be bid as one project. Orr-Schelen-Mayeron & Associates (OSM) agrees to accomplish the attached scope of services for a fee not to exceed $29,500. This fee assumes that topographic information is available or will be completed outside of this scope of work. It is anticipated that this project could be initiated as a winter construction project. Therefore,we will endeavor to have the bidding documents available for an early January bid letting. Plans will be available for review in early December with the easement acquisition occurring simultaneous to the plan preparation. It is assumed that easement acquisition effort and easement preparation will be considered extra services. The City of Shakopee agrees to reimburse OSM 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. We look forward to working with you on this project. Sincerely, Bret A. Weiss, P.E. Edward J. DeLaForest, P.E. Project Manager, Associate Vice President CITY OF SHAKOPEE City Administrator City Clerk Mayor Date H:\CML\NM\ENGINEER\BAW\090894DN Equal Opportunity Employer September 8, 1994 • Orr • v (ism. Schelen Mayeron& Associates,Inc. Mr. Dave Nummer 300 Park Place Center City of Shakopee 5775 Wayzata Boulevard Minneapolis,MN 55416-1228 129 South Holmes Street 612-595-5775 Shakopee, MN 55379 1-800-753-5775 FAX 595-5774 Engineers Re: Contract Extension Agreement Architects Planners CSAH 16 Sanitary Sewer Improvements Surveyors OSM Proposal No. 0306-94 Dear Mr. Nummer: According to our agreement for professional services with the City of Shakopee and Section I-C-2 (Major Projects), this extension agreement is for the design of sanitary sewer for portions of CSAH 16. This project is proposed to be bid separately from the County's reconstruction project and if possible, constructed prior to their project as well. The feasibility report has identified three segments, which are proposed to be bid as one project. Orr-Schelen-Mayeron & Associates (OSM) agrees to accomplish the attached scope of services for a fee not to exceed $29,500. This fee assumes that topographic information is available or will be completed outside of this scope of work. It is anticipated that this project could be initiated as a winter construction project. Therefore,we will endeavor to have the bidding documents available for an early January bid letting. Plans will be available for review in early December with the easement acquisition occurring simultaneous to the plan preparation. It is assumed that easement acquisition effort and easement preparation will be considered extra services. The City of Shakopee agrees to reimburse OSM 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. We look forward to working with you on this project. Sincerely, ---5/114-111-k Bret A. Weiss, P.E. Edward J. DeLaForest, P.E. Project Manager, Associate Vice President CITY OF SHAKOPEE City Administrator City Clerk Mayor Date H:\CIVIL\NM\E GINEER\BAW\090994DN Equal Opportunity Employer • ENGINEERING SERVICES • FOR CSAH 16 SANITARY SEWER SCOPE OF SERVICES The work will include preparation of bidding documents for extension of sanitary sewer facilities along CSAH 16. The following services will be provided as necessary to complete the project: 1) Review and evaluate the feasibility report prepared by the City and determine project specifics. 2) Acquire topographic and as-built information from the appropriate agencies. 3) Set up soil testing program to determine if additional borings are necessary. (All testing shall be paid for by the City under separate invoice.) 4) Prepare construction plans at 1" = 50' scale, specifications and bidding documents according to City of Shakopee standards. 5) Prepare a detailed construction cost estimate. 6) Prepare and submit necessary permit applications to the regulatory agencies. (Permit fees to be paid by City.) 7) Prepare necessary bid plan sets for City distribution. 8) Assist the City in advertising for bids. 9) Coordinate activities with the County and the County's engineer with regard to the reconstruction of CSAH 16. 10) Provide recommendations for Award of Contract. 11) Prepare supplementary drawings for clarification of working drawings as required. 12) Review shop drawings to determine compliance with plans and specifications. H:\CIVIL\NM\ENGINEER\BAV\090894DN i )1aed = sir► I/i 3 I F— i to c 4 5 �� • / ,e N ii LA-1 a HOODS F—! _ (n i I •NIS %I-SINN! LL.L. It nt F8 80J` N Ail* -- YII //p, 4....... j N C2/ W ~ o <• Qal' f-- W i /i = �` V) � a N°"k X X (3204garingad; --W --- " • r 1. ....... . < L . ,.. _,,,. , .„,,,„..., , _:,... . _ .cot\ - L111 is DR.i ei01. 30e:131N1 clIA :/ I . f-- i---v— q° )— )111111 lit . --- i , a (f): .. CD... W3liNV� c41I li\ 0 Or 41 ` N'Il r-'73 1I -- iier7 _ F ...1 ., .avoa 4titil •N l anti II 13315 9NINIA '1 ''Alli 1311TH ii.\\ c \/� N ORS```� `� /(4' ® , ...mks i l� �� `` 1s A3sf+va •1 1l3swda I �I �� _ r� �3NnaHs % � / aslldFt3 L �� . W ya.A l ti I _ �..�■►or Itll�l1 l a x ) 1c , MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer .000 SUBJECT: Pavement Management System DATE: September 14, 1994 INTRODUCTION: Attached for Council review is the Request For Proposal (RFP) for a Comprehensive Pavement Management Plan. Staff is seeking permission to solicit proposals. BACKGROUND: The purchase of a Pavement Management System was discussed during the 1994 and 1995 budget meetings. For each of these years, $25,000.00 was budgeted for the purchase of the system. The total system cost is estimated at $50,000.00. Based on the funds being budgeted, staff has prepared an RFP which outlines the system needs. The RFP is attached for Council review. The purchase of a Pavement Management System will fulfill the State mandate that all collector and higher status streets be part of a Comprehensive Pavement Management Plan. The mandate actually comes from the Federal Government as part of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), which requires the State to have a Pavement Management System. The State has taken responsibility for all State highways and interstates, and has placed the responsibility for lesser classification roadways on the Counties, Cities and Townships. The City will be responsible for State Aid Routes and City owned collector streets. While complying with State mandate, the City has an excellent opportunity to better manage one of its largest capital investments, our roadways. The total expenditures in the Draft 5-Year Capital Improvement Program (CIP) for roadways is $17,369,000 (excluding utilities), which is 40% of the total 5 year budget. The Pavement Management System will enable staff to better track the aging and deterioration of streets. The program can make recommendations on which areas need work first, and on using preventative maintenance to prolong the life of the pavements. If only one reconstruction project can be avoided with strategic maintenance, the system would more than pay for itself. The Pavement Management System will also assist in planning street maintenance/reconstruction and the preparation of the CIP. The Pavement Management System allows projects to be programmed to meet user defined budget restraints or the software can make recommendations on yearly expenditures needed to maintain a desired level of service in the system. Staff is proposing to send the RFP's to several local and national Pavement Management System's dealers. The RFP sets forth criteria pertaining to data collection, software analysis and data base requirements. The RFP was modeled after those of several Metro Cities who have instituted Pavement Management Systems. When the RFP's are submitted, staff will review the proposals and bring a recommendation to the City Council for approval. ALTERNATIVES: 1. Approve the RFP and direct staff to solicit proposals. 2. Direct staff to modify the RFP. 3. Deny the request to solicit proposals. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to approve the Request For Proposals for a Comprehensive Pavement Management Program and direct staff to solicit proposals. DMN/pmp RFP REQUEST FOR PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES COMPREHENSIVE PAVEMENT MANAGEMENT PROGRAM SHAKO4PEE COMMUNITY PRIDE SINCE 18f57 CITY OF SHAKOPEE 129 S. HOLMES STREET SHAKOPEE, MINNESOTA 55379 REQUEST FOR PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES COMPREHENSIVE PAVEMENT MANAGEMENT PROGRAM CITY OF SHAKOPEE The City of Shakopee is a southwestern suburb of Minneapolis with a population of approximately 13,000. The City maintains a paved roadway system approximately 83 miles long, which consists of older"core" residential streets,new urban developments, urban collector streets and rural subdivisions. Standard pavement widths are 44 feet for the "core" streets, 36 feet for new urban streets and 28 fe et for rural streets. Collector streets range from 40 feet to 64 feet wide. Approximately 15 miles of the roadway system is designated in the Municipal State Aid (MSA) System. INTRODUCTION: The City is seeking to retain the services of a qualified and experienced consultant to evaluate the condition of all paved streets maintained by the City,and based upon that evaluation, develop a Pavement Management Program to identify the needs of the system, establish cost effective priorities for making improvements,and develop a long range program for implementation. This program will consist of data collection, computer software training and all else that is necessary to provide the City with a Comprehensive Pavement Management Program, as described herein. The final result of the work shall be a software package and data base for all paved streets within the City of Shakopee which will assist in planning, prioritizing and implementing street reconstruction and maintenance activities. The intent of the program is to complete the field work in 1994 and purchase the software in 1995 in order to spread the cost of the program over two budget cycles. The firm selected will perform both services as described herein. At a minimum, this program shall contain the following features: 1. A pavement inventory including street name, length, width, area, test limits, number of lanes, functional classification, traffic volume, and pavement type. Also, cross sectional data including pavement and base thickness shall be included in the inventory. The software shall be designed to allow the user to group individual street segments into user defined projects. 1 • 2. A pavement condition report which identifies the present condition of the pavement and the projected future performance over the life of the pavement. This report should also identify the condition of the base and subgrade, and identify the causes of pavement failure. 3. A pavement improvement report indicating the rehabilitation strategies necessary to achieve a desired level of service, ability, and/or maintain a desired funding level. Serviceability and funding levels are to be user definable. Rehabilitation strategies shall not be limited to overlays, and shall be user definable. The report shall make provision for simultaneously analyzing the effectiveness of different strategies. 4. A priority listing indicating the pavements in order of best to worst pavement condition. The priority listing shall be based on a numerical rating system,which shall be compatible with the State of Minnesota pavement condition rating scale. If the rating system is not compatible with the scale required by the State, a conversion table shall be provided. 5. An economics report indicating the benefit for each maintenance strategy when applied to each street section based on both current maintenance costs, and costs estimated to be in effect at the time of the proposed future rehabilitation activities. 6. The Pavement Management Program shall make specific yearly recommendations based on a review of the pavement evaluation reports as described above. The Pavement Management Report shall make recommendations as to the street segments,rehabilitation strategies and cost of rehabilitation that would be included in the yearly rehabilitation programs for each of the next five years. These recommendations shall include the cost necessary to achieve different levels of service ability as well as the improvements necessary to obtain the greatest benefit from alternate funding levels. 7. The Pavement Management Software Program shall be designed to operate on an IBM • or IBM compatible microcomputer in a Novell Netware Environment with multi-user capability. The software shall have user defined report writing capability and utilize a Relational Database (RDBMS) capable of interfacing with common Geographic Information System (GIS) software products. 8. The =compiled program code is to be owned by the City with no additional user fees to the consultant or any other party. If the pavement management software utilizes third party software, the proposed cost of the Pavement Management System must include the cost of run-time versions or any additional required site licenses. 9. The Pavement Management Program shall be compatible with and capable of processing information gathered through both automated and manual methods. 2 10. The Pavement Management Software Program shall be designed to allow the user to compile and store construction related information(including history,original design, and past maintenance activities) and retrieve this information as selected by the user. It shall also be designed to allow the user to update pavement condition as segments receive rehabilitation, without further data collection by outside agencies. The proposal shall also contain such other information that the consultant feels is vital to the development of a Comprehensive Pavement Management Program. GENERAL SCOPE OF WORK The following is a general outline of the scope of work to be provided by the consultant. It is intended as a guide only, and the specific scope of work to be provided by the consultant must be included in the proposal. The following descriptions are not intended to exclude any firm from their ability to perform work as outlined. While it is believed the study requirements set forth in the Request for Proposal are in a logical sequence and include all elements essential for comprehensive system evaluation and development plan, those submitting proposals are advised to include any subject or procedure which they believe has been overlooked. They may also note required items which they believe to be excessive or extraneous to the scope of any effective study. The cost of such items to be added or deleted should be separately noted in the proposal. Similarly, any additional costs which must be expended to make the programs fully operational shall be identified and listed separately in the proposal. It should be understood that the City requires a single comprehensive study. The project consists of evaluating 83 miles of streets located throughout the City. The interval , of testing at the network level will be on a block-by-block basis. It is expected that all field inventory work will be completed in 1994. The actual investigation should include the following: 1. A proposed schedule of work and the services to be provided by the City. 2. An environmental survey that considers the effects of climatic conditions, site conditions, drainage, and other factors affecting pavement performance. 3. A continuous and objective automated surface condition survey that includes a crack survey, macrotexture survey, rut depth measurement, and roughness survey. Collected data shall be stored in an on board computer for direct transfer into the Pavement Management Software Program. Equipment used shall provide a high degree of repeatability. Documentation of the accuracy and repeatability may be required. 3 • 4. Collection of dynamic deflection data using a Dynaflect machine. Deflection data should be analyzed via a multi-sensor approach so as to indicate overall condition as well as the condition of the base course and subgrade individually. 5. Analyze traffic data provided by the City in such a way that the pavement life expectancies can be determined. 6. Develop a Pavement Management Report that includes the following pavement evaluation output: 1. Pavement inventory 2. Pavement condition 3. Pavement improvement strategies 4. Cost benefit analysis 5. Priority listing The Pavement Management Report should use the above data to develop five-year recommendations indicating the rehabilitation strategy, year of implementation, cost, and improved serviceability. 6. Make a presentation of the results of the Pavement Evaluation Program to designated City personnel and/or elected officials. In addition to the above required project elements, the following optional services should be included in the proposal. The proposal shall indicate the hardware, software and/or field work necessary for these services. These optionals may be added to the project at the discussion of the Selection Committee. 1. Video recorded data on all segments. 2. Street sign inventory. 3. Utility inventory (manholes, catch basins, etc.) FORMAT In order to facilitate the review and evaluation of the proposals, all proposals shall be organized using the following outline format: A. Statement of Qualifications And Experience Include a brief resume of your firm's background and expertise in the area of pavement evaluation and management programs. The resume shall also include names, special qualifications, and work assignments of your project staff. Include any references to former clients for whom similar work has been performed. 4 Include the address and telephone number of your main office and regional or local offices from which the work is to be directed. Also list the names, addresses and telephone numbers of any subcontractors you intend to use. State the names and qualifications of all persons to be assigned major project involvement. B. Scope and Services Describe in detail your perception of the work required, including refinements of the description and tasks outlined herein which you think are appropriate. Describe how your personnel, equipment and services will be utilized and estimate their time involved in various activities. C. Time Schedule Proved a detailed time schedule for all project activities. Include expected need for City provided services if required. D. Information and Services to be Provided by the City Prepare and submit a detailed listing of all information and services to be provided by the City. If City personnel are expected to participate in any portion of the field or office data collection,the proposal shall contain an estimate of the number of manhours of City personnel time that will be required to complete the task. E. Compensation The proposal should include the estimated cost per lane block(or other measurable unit) for the work to be performed and a maximum cost which is anticipated for the entire project. • The proposal should also include as an alternate the cost for the consultant to provide the City with the optional services, if the consultant has the ability to provide these services. This alternate item may be excluded from the proposal at the discretion of the Selection Committee. F. Software Demonstration The submission of a proposal shall include a current demonstration diskette of the software utilized in the proposed Pavement Management Program. 5 EVALUATION CRITERIA The Engineer Selection Committee will determine and recommend the most qualified firm by applying the following criteria: 1. Project team qualification and professional experience involving pavement management. 2. Experience of firm in pavement management. 3. Technical approach to project including suggested work outline and time schedule in meeting the scope of the project. 4. Amount of City personnel time necessary to implement and maintain program. 5. Level of integration of surface condition data, structural information, environmental information and traffic data. 0 6. Annualized costs to own program including ongoing data collection costs for a five-year period. SUBMISSION OF PROPOSALS Eight copies of the proposal for professional service should be submitted to: David M. Nummer Staff Engineer 129 South Holmes Street Shakopee, MN 55379 All proposals must be submitted no later than 4:30 P.M. on October 31, 1994. Proposals received after the deadline will be returned unopened. 6 SELECTION PROCESS After the proposals are reviewed, interviews with selected proposers will be arranged. Interviews will consist of a presentation/software demonstration followed by questioning by the Selection Committee. Further information on the interview process will be furnished to the selected consultants prior to the interviews. ADDITIONAL INFORMATION All inquiries regarding this project should be directed to: David M. Nummer Staff Engineer 129 South Holmes Street Shakopee, MN 55379 (612)445-3650 7 (;(1\k;Li\ilr / l Memo to: Dennis Kraft, City Administrator From: Mark McQuillan, Recreation Supervisor Re: Tree Grant through the SBA Date: 09 September 1994 INTRODUCTION The City has received notification that it is eligible to receive a $5000 matching tree planting grant through the Small Business Administration' s (SBA) Natural Resources Development Program. BACKGROUND In 1993, the City received funds ($5000) from this program to plant 80 evergreens in Lions Park near the swimming pool and tennis courts . This year, the City made a similar application to plant trees along the Upper Valley Drainageway Trail System. (See map) The SBA tree program requires a 505:5 match by the City. The maximum grant per applicant is $5000 . Therefore, if the City accepts the grant, its share of the match will be $5000 . Twenty percent ($2000) of the total cost of the project can be charged back for administrative and in-kind services . Thus, the City' s cash outlay for this project is $3000 . Conditions of Grant The conditions of this grant requires the utilization of a qualified small business contractor to plant the trees . They cannot be planted by local government crews or volunteers . DNR foresters will be conducting local reviews of approved projects with a priority being given to Fall plantings . It' s staff desire to complete this project yet this Fall . Local Funding The Parks Department budget has $4000 allocated in 1994 for tree plantings . The use of these funds for this project would be appropriate. ALTERNATIVES 1 . Authorize the appropriate City Officials to execute necessary agreements to accepting the SBA Natural Resource Development grant of $5000 . 2 . Turn down the grant and re-apply next year. 3 . Table action pending further information from staff . STAFF RECOZ*IENDATION Alternative #1 ACTION REQUESTED Move that the appropriate City Officials be authorized to execute necessary agreements to accepting the SBA Natural Resource Development grant of $5000 . CONSENT / 112) TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Calling 1988A GO Improvement Bonds DATE: September 13, 1994 Introduction Council is requested to call the 1988A Go Improvement bonds for prepayment. Background The 1988 GO Improvement Bond debt service fund has more than enough cash in the fund to pay off the remaining outstanding bonds. These bonds are callable 2/1/95 at par (no prepayment penalty) . The interest rate on the bonds is 6. 60 to 7. 00%. Council is requested to call these bonds because there are sufficient funds on hand to pay off the bonds. Also, short term reinvestment interest rates are less than the rate we are paying on the bonds. Paying off the bonds and closing the debt service fund frees up funds for Council to use for some other purpose in the approximate amount of $500, 000. Alternatives 1. Call bonds. 2 . Do not call bonds. Recommendation Alternative number 1. Action Requested Move to direct staff to proceed with the process of calling the 1988A GO Improvement Bonds on February 1, 1995. / jF CONSENT Attached is a print out showing the division budget status for 1994 based on data entered as of 9/15/94 . The HRA Fund is experiencing costs that will exceed the budget as it currently stands. Costs are related to the Stans House project and TIF studies. The shop division is running ahead of budget primarily due to more costs associated with the fuel tank replacement and will need a budget amendment. , CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 09/15/94 • CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 0 0 11 MAYOR & COUNCIL 69,140 73 36,555 53 12 CITY ADMINISTRATOR 192,340 5,468 124,442 65 13 CITY CLERK 118,690 5,497 75,626 64 15 FINANCE 284,660 9,529 198,796 70 16 LEGAL COUNSEL 187,970 7,201 104,167 55 17 PLANNING 412,130 8,960 247,286 60 18 GENERAL GOVERNMENT BUILDINGS 115,790 5,594 84,011 73 31 POLICE 1,388,590 45,008 964,973 69 32 FIRE 865,310 44,743 765,270 88 ,33 INSPECTION-BLDG-PLMBG-HTG 187,120 8,039 118,241 63 41 ENGINEERING 361,480 18,381 233,521 65 42 STREET MAINTENANCE 586,820 15,644 287,094 49 44 SHOP 166,480 4,811 152,726 92 46 PARK MAINTENANCE 307,270 12,078 228,042 74 48 REFUSE COLLECTION 513,550 0 0 0 61 POOL . 150,300 18,557 133,111 89 64 RECREATION 207,380 5,646 136,235 66 91 UNALLOCATED 73,610 4,011 24,552 33 TOTAL GENERAL FUND 6,188,630 219,240 3,914,648 63 17 PLANNING 360,860 459 207,965 58 TOTAL TRANSIT 360,860 459 207,965 58 12 CITY ADMINISTRATOR 64,870 17,473 117,820 182 TOTAL HRA 64,870 17,473 117,820 182 00 N/A 766,200 0 704,265 92 TOTAL CAPITAL EQUIP REVOLVING FUND 766,200 0 704,265 92 0.7 a: 0 a a a w a s a a oa w a a Q,' H H H H H H H H H H H H H H .-1 Z CD00 g e0 a. •M z O a w ../. -3- U 0% 0% H Cn .7 N ON 0% 0% 0 r♦ N CO O %.O .0 CO O O O .-1 - r1 ri > r1 .-1 u1 cn Co CO M C1 cn C1 Z 0 0 n r1 C.1 en N n r1 .-; .-1 M .-1 M H 0 0 0 0 ri rl .-1 .-1 0 0 0 .--1 0 .-1 0 0 %0 0 N N to 4n 0 0 0 N 0 N ak 0 0 n %O rl en Ln 0 %.O 0 O M .a CO c+1 .--1 n n n n Co en n r♦ Co Co Co n E-+ en C1 .--1 ri .-1 .-1 cn n r1 N 01 .-4 rl .-1 Z .7 .7 N N N N - C N .7 .7 N N N i i I i I i I I I i I I I 0 r1 Co N N N N .-1 0 N .-1 n N N N U %0 01 r1 rl rl .--1 r1 H r1 in N rl ri .-1 O r1 .7 0% 0% 0% 0% n n 0% rl 4. 0% 0% 0% C, 0 a% 0 0 0 0 0 ON 0 0 0 O O O a a a al co co cn co rCo r z >4 Co • 0 >4a aa a w HH a Co Co U Co O O CH A. 3 .w7 C • Cavil W H..7 v' Co O Z Co H 0 0 0 CO Co 0 A d 0 Z A H H 00 m Co .H-1 a. •0 Cw� U .H-1 .H� CO civ o Z Q.' 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O. •E z • 0 P4 w U H 0 D z H H z 0 0 0 0 Q ' z 0 H H a H CG 0 co W • A N o% •• C4 N N 0 •• 0 0 %0 0 0 0 .•1 N 0 %O 0 .-1 ON 10 e7 N .� N A CO -7 .7 t0 0 0 N CO vO 0 .-1 0 00 CO OA N CO .••i u1 4 • CO W C•V N %O e+1 N r♦ CO CO M ko 0 CO V> OT 0 CO N N 0 %O 0 D co .--1 N N ..a. ON CO 0 ul N CO N -7 0 .-1 .O N N O .-4 .•-1 .7 N .••1 Ch e7 .-1 N N .--1 co O el M el Ui .4 co- V> V> N V> VI 10 N N V1 N N 0% 0% N N -7 I-- -7 .7 O% .•d N cn V> .7 0> O% C .7 .-I V> N o% .7 .••1 V> N V> r1 V> V> CO- V> c0 O% 0% V> V> V> V> .••1 O1 .-1 .O r1 E1 1O Z .4 ami 0 . 0 0 E4 H EA cn w w0 a w Z Z w 0 a 14 x •-4 A w > w a w w w 3 d H w U ).1 Z H 0 D C > D > til Z 0 C) w 0 H w' 04 D 0 0 0 0 Gil H Z E1 W U 0 D+ 0-7 H 0 H W • Pa-. 0 >Cie 3 P4 P-I Z z E % 0 w wW. H H g d' H O H H 0 W 3 H Cl) W A CO 4 d H Z El H X CO 0 co H E W Z 66 0% 0 �aL; H N z3 c'�1 .7 Ha 0 pG W W A Z A C� 0' � 6 Q A a 0 a ch 0 Z 0 W Cl)UZ w Cl) 0 H x .-1 r1 Pr U 0 r1 A .-1 .-I U Cl) Cl) x t...1 • O W 0 r1 -7 in N c"•1 0 .•1 u1 .7 u% 10 N c0 0 0 0 0 0 W x W 0 .--1 H .-1 .--1 N N N eh c•1 en ten eh .-i cn -7 -7 u1 X U x 0 .-1 .-1 cn cn -4' -7 -7 .7 .7 .7 -7 -7 N N� N co c0 U U O 1-1 H Z H # * * # # # # # ik # # # # * # 1k * #k 0 94 U Z U Z A A A A A 0 0 A 0 A 0 0 0 0 0 A A A O W A Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 0 Z 0 A 0 0 A A O A 0 0 A A A A 0 0 0 0 U U U w w w w w w w w w w w w w w w w w :LI CONSENT 11A MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer yr SUBJECT: Westside Sewer Study DATE: September 15, 1994 INTRODUCTION: Staff has received a request from Watson Investments to review Ordinance No. 386 regarding restricted sewer flows in Western Shakopee. BACKGROUND: Watson Investments owns property south of the Valley Mall which they want to develop into multi-family housing. Ordinance No. 386 regulates the sewer flow from the area of Shakopee south of Trunk Highway 300 and east of Harrision Street. Due to physical system limitations, sewer flow allocations have been imposed on these properties (see attached map). The City's sewer consultant, Short-Elliott-Hendrickson, Inc. (SEH), has reviewed this area in conjunction with the preparation of the Comprehensive Sanitary Sewer Plan. During this review, it was discovered that some of the physical limitations of the trunk sewer that serves the western Shakopee area have been corrected by reconstruction since the ordinance went into effect in 1977. Although these improvements have increased the system capacity, both staff and SEH concur that full, unrestricted development of the westside area would still be problematic. Improvement of the infrastructure to serve this area is one means of addressing the sewer allocations. Another way is to reduce the service area which flows to the restricted system by serving it with other sewers. The extension of the V.I.P. Sewer into Vierling Drive west of County Road 15 provides a possible means of providing sewer service to the westside area. Staff feels that a study and topographic survey of the westside area would be necessary to identify which properties can utilize the V.I.P. Sewer, and therefore reduce the demand on the restricted westside trunk sewer. Staff is seeking permission to obtain a quote from SEH for completing this study. Staff feels that since a City ordinance restricts flows in this area, the City should be the entity to initiate the study. The analysis and technical advice from SEH to date on this subject has been at no cost to the City. The consultant was interested to identify any impacts of the flow allocation ordinance on the Comprehensive Sanitary Sewer Plan, and has volunteered his time to this end. Being that SEH is very familiar with the sanitary sewer system in Shakopee, they seem to be the logical choice to perform this study. If approved, staff will bring the quote back to City Council to approval prior to proceeding with the study. ALTERNATIVES: 1. Direct staff to obtain a quote from SEH for performing the Westside Sewer Study. 2. Direct staff to obtain quotes from other consultants. 3. Direct staff to do the study. 4. Deny the request for a study in this area. RECOMMENDATION; Staff recommends Alternative No. 1. ACTION REQUESTED: Move to direct staff to obtain a quote form Short-Elliott-Hendrickson, Inc. for performing the Westside Sewer Study. DMN/pmp STUDY abapr AveJtment , c mac. 3033 Excelsior Blvd.,Suite 420•Minneapolis,Minnesota 55416-4676.612/920-4077•Fax:612/920-5438 4.) II /4 e � c sl9p �'j A. di9 Mr. Dave Hutton 14-Jul-94 Director of Public Works City of Shakopee 129 Holmes St. Shakopee, MN 55379 Re: 11.33 Acre R-4 parcel behind K-Hart P.1.11. # 279110261 Dear Mr. Hutton: On February 22, 19/7, the City Council passed Ordinance # 386 which allocated sewage capacity to various undeveloped parcels on the west end of town. We are in the process of selling the above referenced parcel to Schlitz Kornovich, Inc. with their intention being the construction of housing per the R-4 zoning. Since 1977, some of the land that was expected to need sewerage service has been taken out of production by virtue of the City acquiring the property for highway right-of-way. Also, I'm sure some improvements have been made in the system that would have alleviated the restriction that caused the allocation to be made. Please advise if there is any restriction on sewage flow from our property that would interfere with its use in accordance with the R-4 zoning. 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'\'''Z'l Illi N, ' # lt41111.. ��, I't 1, n..Y.liv... ` 10 • f 1 i i itili11111111101m 1,1 . 1 I .., , i • oh �Y "1111i01r t�1� "grirrr-L1• Ill virrrr,, 3 r 1' f 44704 7 1 Au • .., , , ! ..\‘‘:..47...\.. ; aldi / • a _? i_ 'Jvr e R / v• t r 1 14. tb x•I , ' f�7• i 4 43)intillP 1111r: Silimr,,, • . 1 A 4 : •i, ilip. 'fi cr.-X .4a LAL i f y.' . 1iwni tAl $. '—— 4.4. :tl a eI .10 OD l',4,1 > CM I ullIMMINIO'‘ I : I ., 404 246 0 . rft il ' co 0 Yo !7 C ter-: 82P r --t-,H P. x» to �w rrtt I 1 0 To ..D. Y 'X 4 . . u,, CONSENT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Release of Agreements Against Mn. Valley 6th Addition and Against Mn. Valley 3rd Addition DATE: August 31, 1994 INTRODUCTION: I have received a request from Sara Laurent, Laurent Builders, to release two documents recorded against property being subdivided into Minnesota Valley 8th Addition. BACKGROUND: There are two documents recorded against property being platted as Minnesota Valley 8th Addition. An examination of the abstract recently brought this to Ms. Laurent's attention. Because this property is torrens property, it is desirable to release these documents prior to filing the plat and creating a number of new certificates of titles for the resultant parcels. The first document is An Agreement Recognizing Sanitary Sewer Limits. It precludes construction of any nature on all of the outlots located in Minnesota Valley 3rd Addition due to an ordinance limiting sewage flow to the downstream sewer. There is no longer a need to restrict development in the Minnesota Valley 8th Addition as a result of the construction of the VIP Interceptor sewer. (See memo from Dave Nummer dated 8-29-94 attached) Dave will be requesting permission to initiate a study to determine which areas can be released from the ordinance limiting sewage flow because of the construction of the VIP Interceptor. He feels that there are other areas in addition to the plat of Minnesota Valley 8th that are served by the VIP Interceptor. (See Westside Sewer Study memo in this agenda packet. ) The attached ordinance amends the original Ordinance 386, 3rd Series, by making the Minnesota Valley 8th Addition an additional exception to these sanitary sewer limits. The second document is a Subdivision Agreement. It states that no building permits shall be issued for Outlot A, Minnesota Valley 6th Addition, until it has been replatted. This Outlot A is also being platted into Minnesota Valley 8th. The recording of Minnesota Valley 8th will satisfy this condition but the two other conditions in this agreement will continue to encumber the title and do not actually affect Outlot A. Staff recommends releasing this agreement also to clean up the titles for the new lots. ALTERNATIVES: 1] Adopt Ordinance No. 387, Fourth Series 2] Do not adopt Ordinance No. 387 3] Release documents 4] Do not release documents 5] Table request for additional information RECOMMENDATION: Staff recommends alternative #1 and 3 , adopting Ord. No. 387, amending the sanitary sewer restrictions, and releasing both documents for property being platted into Minnesota Valley 8th Addition. RECOMMENDED ACTION: 1] Offer Ordinance No. 387, Fourth Series, An Ordinance Amending City Code Chapter 3 , Municipal and Public Utilities, Rules and Regulations, Franchises and Rates, Sec. 3 .21, Limitations on Discharge Into The Sanitary Sewer, Subd. 3, Prescribing Certain Limits, by Repealing Paragraph C.7, and Adopting One New Paragraph Relating to The Same Subject, and move its adoption. 2] Authorize the release of the Subdivision Agreement dated June 10, 1992 against Outlot A, Minnesota Valley 6th Addition; and, authorize the release of An Agreement Recognizing Sanitary Sewer Limits dated April 8, 1981 against Outlots B, C, D, and E, Minnesota Valley 3rd Addition. MNV8TH .REL MEMO TO: Judy Cox, City Clerk FROM: Dave Nummer, Staff Engineer SUBJECT: Westside Sewer Allocations DATE: August 29, 1994 INTRODUCTION: As you requested, the following is a summary of the history behind the West Side Sewer Allocation Ordinance, and an explanation of the impacts of this ordinance on the proposed Minnesota Valley 8th Addition Subdivision. HISTORY: The Westside Sewer Allocation Ordinance was adopted in 1977. At that time, the downstream sewer was felt to be undersized to allow unrestricted development of the upstream areas. The ordinance identified an area that drains to the bottle neck sewer, and the large area was further divided into areas A through G (See the attached map.) The areas A through G were then allocated certain sewer flow volumes that would not overload the downstream sewer. Since the adoption of the ordinance,there have been some infrastructure improvements that have improved the downstream sewer capacity. The worst of the under capacity sewer has been replaced, and this improvement has greatly reduced the need for the flow restriction. However, other portions of the mainline sewer have not been upgraded, and would still cause problems if the restrictions were removed. Another problem with the system in general is that the westside area ultimately drains to the River Interceptor (along the south-bank of the Minnesota River) and then to the Metropolitan Waste Control Commission (MWCC) Lift Station L-16. Currently, the River Interceptor is at capacity,and this line also was a problem with infiltrating river water,which reduced the capacity of sewage that the pipe can handle. The River Interceptor is included in the Draft Capital Improvement Program for reconstruction in 1997. Due to the condition of the River Interceptor, and the limited capacity of the existing trunk sewer which serves the westside area, it is my opinion that some limitations on sewage flow from the westside area are needed. Based on the system improvements that have occurred since 1977, the allocations may be able to be increased without damaging downstream facilities, however unrestricted development would still be problematic. At this point, there are two options for either increasing the flow allocations or eliminating the allocation altogether. Those options are to reconstruct the limited capacity areas in the system or to serve the westside area by another means that would direct the flow away from the existing Trunk and River Interceptor sewers. The option to reconstruct the existing sewer would be very costly, and would likely provide little benefit except to the undeveloped properties in the westside 4 area. The option to divert the flow to other areas will be further explained with the next segment of Vierling Drive (from Presidential Lane to T.H., 169). I anticipate that a feasibility study for this area will probably be ordered in 1995. IMPACT OF FLOW RESTRICTIONS ON MINNESOTA VALLEY 8TH As the attached map shows,portions of the proposed Minnesota Valley 8th Addition are included in the flow B, restriction Area G, namelyOutlot Outlot D and Outlot E, Minnesota Valley 3rd Addition, which are being replatted into Minnesota Valley 8th Addition. I have reviewed the construction plans for Minnesota Valley 8th. The proposed sewer system will drain to Vierling Drive,just north of Tahpah Park. The Vierling Drive sewer discharges into the VIP Interceptor sewer. In effect, the flow from Minnesota Valley 8th Addition is being diverted away from the trunk sewer which serves the westside area. This will help to alleviate the flows which are causing problems in that trunk line. The original restrictions on sewer flow were placed on properties which were assumed to drain before to the north, and into the under capacity trunk line. These restrictions were put into place the VIP Interceptor was constructed. Being that the developer for Minnesota Valley 8th Addition is not contributing flow to the restricted sewer, and is in fact making their allocated sewer flow available for other undeveloped properties in the westside area, I would recommend removing the restriction on the properties in the proposed Minnesota Valley 8th Addition. DMN/pmp WESTSIDE ORDINANCE NO. 387 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 3 , MUNICIPAL AND PUBLIC UTILITIES, RULES AND REGULATIONS, FRANCHISES AND RATES, SEC. 3 . 21, LIMITATIONS ON DISCHARGE INTO THE SANITARY SEWER, SUBD. 3, PRESCRIBING CERTAIN LIMITS, BY REPEALING PARAGRAPH C. 7, AND ADOPTING ONE HEW PARAGRAPH RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 3, Municipal and Public Utilities, Rules and Regulations, Franchises and Rates, Sec. 3 .21, Limitations on Discharge into the Sanitary Sewer, Subd. 3, Prescribing Certain Limits, is hereby amended by repealing paragraph C. 7 and adopting one new paragraph in lieu thereof, which shall read as follows: "C. The maximum daily peak discharge for each of the separate parcels described below shall be as follows : 7 . PARCEL G: Flow Allocation = 400, 065 gallons per day. Description: The northwest quarter of the southeast quarter and the northeast quarter of the southwest quarter and that part of the northwest quarter of the southwest quarter lying southeasterly of U. S. Highway No. 169, except that part thereof described as follows: Commencing at the intersection of the north line of said southwest quarter and the southeasterly boundary of Trunk Highway No. 169 and running thence southwesterly along said southeasterly boundary a distance of 244 .3 feet to the actual point of beginning; thence and at southeasterly right angles to said southeasterly boundary a distance of 400 . 0 feet; thence southwesterly and parallel to said southeasterly boundary a distance of 376 . 25 feet; thence northwesterly and at right angles to said southeasterly boundary a distance of 400 . 0 feet; thence northeasterly along said southeasterly boundary a distance of 376 .25 feet to the actual point of beginning, together with an easement for access purposes in common with others over the northwesterly 100 feet of a strip 40 feet in width adjoining said premises on the northeasterly side and over the northwesterly 100 feet of a strip 40 feet in width adjoining said premises on the southwesterly side, subject to the right of way of County Road No. 69, and that part of the southwest quarter of the northwest quarter lying southeasterly of U. S. 169 . That part of the southeast quarter of the northwest quarter lying southeasterly of U. S. Highway 169 and southeasterly of Legislative Road No. 300, except that part of said quarter lying between the southeasterly boundary line of U. S. Highway 169 and the northwesterly boundary line of Legislative Road 300, and that part of Government Lot 2 lying southeasterly of Legislative Road No. 300 . All of the above property lying in Section 11, Township 115 North, Range 23 West, in the County of Scott, State of Minnesota, according to the United States Government Survey thereof. EXCEPTING THEREFROM THE FOLLOWING: That part of the southeast quarter of the northwest quarter, the northeast quarter of the southwest quarter, Government Lot 2, and the north one-half of the southwest quarter all in Section 11, Township 115, Range 23, Scott County, Minnesota described as follows: Beginning at the intersection of the southerly right of way line of Legislative Road No. 300 and a line 300. 00 feet westerly of, measured at right angles to and parallel with the east line of said northwest quarter; thence S 1°04'43" E, assumed bearing along said parallel line, a distance of 1080 . 91 feet, more or less to the intersection with a line 930 . 00 feet southeasterly of, measured at right angles to and parallel with the southeasterly right of way line of United States Highway No. 169; thence S 38°30' 05" W, along said parallel line a distance of 1015. 00 feet; thence N 51°29' 55" W, at right angles to said right of way line a distance of 765. 00 feet to a point hereafter referred to as point "B" ; thence N 38°30' 05" E, parallel with said southeasterly right of way line a distance of 598 . 56 feet; thence N 13°25' 04" E, a distance of 247. 68 feet; thence N 51°29' 55" W, at right angles to said right of way line a distance of 60 . 00 feet to said southeasterly right of way line; thence northeasterly along said southerly right of way line to the southeasterly right of way line of Legislative Road No. 300; thence northeasterly along said last described right of way line to the point of beginning, and also excepting therefrom that part of the northwest quarter of the southeast quarter lying south and east of the following described line: Beginning at a point on the south line of the northwest quarter of the southeast quarter distant 680 feet west of the southeast corner thereof; thence northerly parallel with the east line thereof, a distance of 310 feet; thence easterly parallel with the south line thereof a distance of 125 feet; thence northerly parallel to the east line thereof a distance of 110 feet; thence easterly parallel to the south line thereof a distance of 205 feet; thence northerly parallel to the south line thereof a distance of 410 feet; thence southeasterly to a point in the east line of said northwest quarter of the southeast quarter, said point being 630 feet north of the southeast corner thereof; AND FURTHER EXCEPTING THEREFROM THE FOLLOWING: Minnesota Valley 8th Addition, according to the recorded plat thereof . Note : The underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 3 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - 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 , 1994 . Mayor of the City of Shakopee Attest : Cit !clerk Approved as to form: =?` • City Attorney Published in the Shakopee Valley Newson the day of , 1994 . [15ccl] CONSENT MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: I.S.D. 720/City of Shakopee Property Purchase DATE: September 13, 1994 INTRODUCTION: Last month the Council authorized the negotiation of an agreement with I.S.D. 720 for the lease of property they desire the City to purchase. The property is located at the Southwest corner of Scott County Highways 78 and 79 on behalf of I.S.D. 720. This process is moving forward. BACKGROUND: At it's meeting of September 12th, I.S.D. 720 officially approved the agreement between the School District and the City for the lease/purchase of the above mentioned property. As was stated at a recent council meeting, the City Council will purchase and immediately lease the property to the School District until such time as the School District passes another bond issue. At that time the School District will purchase the property from the City. The lease agreement is structured so as to give the City an annual rental amount of $10,800.00 which represents a yield of 8% on the City's investment during the duration of the lease, while providing the School District with an easier method of purchasing this property. The agreement between the City and the School District also contains a buy out provision in the event that the School District decides to demolish the structure on the property prior to their actual purchase of the property. This agreement shall expire on or before October 31, 2004. In the event the School District fails to purchase the property, the City shall receive an additional consideration of $15, 000. The School District has every intention of buying this property, however this particular School Board cannot bind future boards on property purchases. In the event a future board decides to not purchase this property, the City will be compensated for its time and expense on purchasing the property. RECOMMENDATION: It is recommended that the City Council authorize the appropriate City officials to purchase the three acre parcel and to execute the attached agreement. ACTION REOUESTED: Move to authorize the appropriate City officials to purchase three acres located at the Southwest corner of County Highways 78 and 79 for $130,000. 00; and, to execute a lease/purchase agreement between I.S.D. 720 and the City of Shakopee for the property. 09-16-94 02: 15PM FROM KNUTSON FLYNN TO 9/4456718 P002/012 September 9, 1994 REAL PROPERTY_.EASE AGREEMENT THIS LEASE AGREEMENT is made and entered into by and between the City of Shakopee, a municipal corporation under the laws of the State of Minnesota, whose address is 129 South Holmes Street,Shakopee, Minnesota 55379(hereinafter referred to as"Lessor"),and Independent School District No. 720, a public school corporation under the laws of the State of Minnesota, whose address is 50S South Holmes, Shakopee, Minnesota 55379 (hereinafter referred to as "Lessee"). In consideration of the mutual covenants and promises contained herein and other good and valuable consideration, Lessor hereby leases to Lessee, and Lessee leases from Lessor, the '. premises hereinafter described, upon the terms and conditions hereinafter set forth: 1. Dscrigtion of Premise'. Lessor hereby leases to Lessee, and Lessee leases from Lessor, those certain premises (hereinafter referred to as the "leased premises" or "premises") legally described in Exhibit A attached hereto and incorporated herein by reference and entitled "Leased Premises". The leased premises consist of approximately 3.5 acres and an existing home. 2. Lease Term. The term of this Lease shall be for a period of one hundred twenty (120) months, to commence on the 1st day of November, 1994 (hereinafter referred to as "the Commencement Date"),and expiring on the 31st day of October,2004,unless sooner terminated pursuant to the provisions hereinafter stated. 3. Early Termination. In the sole event of non-appropriation,Lessee shall have the right to terminate this Lease, in whole but not in part, at the end of any fiscal year of Lessee, in the manner and subject to the terms specified in this section. Lessee may effect such termination by giving Lessor a written notice of termination and by paying to Lessor any rental payments and any other amount due, which are due and have not been paid and any other amount due at or before the end of its then current fiscal year. Lessee shall give notice of termination not less than sixty (60) days prior to the end of such fiscal year, and shall notify Lessor of any anticipated termination. In the event of termination of this Lease as provided in this section, Lessee shall convey to Lessor and release its interest in the premises immediately after termination of this Lease. Lessen presently intends to continue this Lease for its entire term and to pay all rental payments. The appropriate official of Lessee will include in his or her annual budget request an appropriation of an amocnt sufficient to meet Lessee's obligations under this Lease. Upon termination of this Lease as provided above,Lessee shall not be responsible for the payment of any additional rental payments coming due with respect to succeeding fiscal years. However, in consideration of use of the project by Lessee through the end of the fiscal year then in effect, Lessee shall pay to Lessor on the last day of such fiscal year such pro-rata 09-16-94 02: 15PM FROM KNUTSON FLYNN TO 9/4456718 PG03/012 portion of the next succeeding rental payment as it relates to the period of time from the date of the last rental payment paid by Lessee to the end of such fiscal year. 4. Rett. Lessee covenants to pay rent to Lessor, without demand and without offset or deduction, at Lessor's office hereinafter designated, or at such other place as Lessor may from time to time designate in writing, the sum of Ten Thousand Eight Hundred and no/100ths ($10,800.00)Dollars per annum. Rent shall be paid in twelve(12)equal monthly installments during the full term hereof payable in advance on the first day of each and every calendar month. Said rent shall be payable and delivered to: City of Shakopee 129 South Holmes Street Shakopee, Minnesota 55379 5. Iteoresentatiom and Warranties by Lessor: Lessor represents and warrants to Lessee that: A. It has all requisite power and authority to execute this Agreement and any additional agreements arising out of this transaction. B. Lessor will own the property on the Commencement Date free and clear of all liens,charges and encumbrances,except for standard exceptions to title,and except as otherwise provided herein. C. To the best of Lessor's knowledge no toxic or hazardous substances have been generated, treated, stored, released or disposed of, or otherwise deposited in or located on the property, including without limitation, the surface and subsurface waters of the property, nor has any activity been undertaken on the property which would cause (i)the property to become a hazardous waste treatment storage or disposal facility within the meaning of, or otherwise bring the property within the meaning of, or otherwise bring the property within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCA"), 42 U.S.C. Section 6901, et seq.. or any similar state law or local ordinance or any other Environmental Law; (ii) a release or threatened release of hazardous waste from the property within the meaning of or otherwise bring the property within the ambit of, CERCLA, or any similar state law or local ordinance or any other Environmental Law or(iii)the discharge of pollutants or affluent into any water source or system, or the discharge into the air of any emissions, which would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. Section et seq., or the Clear Air Act, 42 &.S.C. Section 7401, et seq., or any similar state law or local ordinance or any other Environmental Law. To the best of Lessor's knowledge, there are no substances or conditions in or on the property which may support a claim or cause of action under RCA, CERCLA or any other federal, state or local environmental 2 09-16-94 02: 15PM FROM KNUTSON FLYNN TO 9/4456718 P004/012 requirements. To the best of Lessor's knowledge no underground deposits which cause hazardous or toxic wastes or substances or underground storage tanks are located on the P oPerty D. Lessor has not entered into any other contracts for the sale of the property, nor as of the Commencement Date will there by any first rights of refusal or options to purchase the property, except agreements by and between the parties. E. Lessor has not entered into any commitments or agreements with any governmental agency or public or private utility affecting the property which have not been disclosed in writing by Lessor to Lessee. F. The individuals executing this Agreement and the documents referred to herein on behalf of Lessor have the legal power, right and actual authority to bind Lessor to the terms and conditions hereof and thereof. This Agreement and all documents required hereby to be executed by Lessor arc, and shall be, valid, legally binding obligations of and, enforceable against Lessor in accordance with their terms. G. Lessor has not entered into any brokerage or agency agreements in relation to the sale or lease of the property. Notwithstanding any provision herein to the contrary, Lessor shall indemnify Lessee, its successors and assigns,against,and shall hold Lessee, its successors and assigns, harmless from, any loss, cost, expense or damage, including reasonable attorneys' fees directly arising out of or resulting from the breach of any of the representations and warranties herein contained. 6. Utilities. Lessee shall pay,at its solecost and expense,all charges for water,gas, heat,electricity,power, sewer service charges and sewer rentals, and all other such services or utilities used in, upon or about the property. 7. Real Estate Tams and Assessments. There are no unpaid special assessments relating to the real property upon which the leased premises are located. Real estate taxes due and payable in 1993 and prior years are paid in full. Lessee shall assume and pay when due any unpaid real estate taxes due and payable in 1994. Thereafter during the term of this Agreement, Lessee shall be responsible for all real estate taxes due and payable during the term hereof and special assessments, except as otherwise provided. 8. permitted Use. The premises shall be used by Lessee for educational and related purposes. Lessee shall not use nor permit the use of the leased premises or any portion thereof, for any other purpose whatsoever, without first obtaining Lessor's written consent, which shall not be unreasonably withheld. 3 09-16-94 02: 15PM FROM KNUTSON FLYNN TO 9/4456718 POO5/012 9. Anolicable Codes. Ordinances and Conditions: A. At its own expense Lessee agrees to comply with all codes, ordinances, rules, regulations and conditions applicable to the leasing and operation of the building in which the leased premises are situated. B. Lessor makes no representations or warranties that the leased premises are zoned for the use contemplated by Lessee. Lessee shall have the sole responsibility for, shall use its best efforts and shall bear the cost of obtaining such permit or use classification as is required by law for Lessee's intended use of the leased premises. C. Lessee expressly warrants and agrees: (i) that it will comply with all applicable federal and state environmental laws and regulations in connection with its use and occupancy of the property; and (ii)that it will not store, treat, refine, or dispose of any toxic or hazardous substances above or below the premises during its leasehold. 10. . A. Rules and Regulations: Lessee shall at all times during the term of this Lease, at its sole cost and expense; (1) Furnish, install and maintain in the leased premises all of Lessee's property necessary for Lessee's use; (2) Maintain the leased premises in a clean, neat, sanitary and orderly condition; (3) Lessee shall not, without the prior written consent of all insurance companies which have issued any insurance of any kind whatsoever pursuant to any provision of this Lease, sell, or suffer or permit to be kept, used or sold in, upon or about the premises any substance or material of an explosive, inflammable, radiological or toxic nature, in such quantities which may be prohibited by any such insurance policy, or which may endanger any part of the premises or its occupants, business patrons or invitees; B. Ranitindigaintenange. Lessee's acceptance of the leased premises shall constitute conclusive evidence that the premises were,as of that date, in good,clean and tenantable condition, and as otherwise represented by Lessor. 4 09-16-94 02: 15PM FROM KNUTSON FLYNN TO 9/4456718 P006/012 Lessee shall maintain the premises and the property furnished under this Lease in good repair and tenantable condition. 11. Abandonment and Surrender of Premises: A. surrender of premises. Upon the expiration or sooner termination of the term of this Lease and if Lessee has fully and faithfully performed all of the terms, conditions and covenants of this Lease to be performed by Lessee, Lessee shall, at its sole cost and expense, remove its interior and exterior signs and all of its movable trade fixtures and equipment, and other items which are hereinafter referred to as "Lessee's property" from the premises and repair all damage thereto resulting from such removal and Lessee shall thereupon surrender the premises in the same condition as they were on the commencement date, reasonable wear and tear excepted. If Lessee has not fully and faithfully performed all of the terms, conditions and covenants of this Lease to be performed by Lessee, Lessee shall nevertheless remove Lessee's property from the premises in the manner aforesaid within fifteen(15)days after receipt of written direction to do so from Lessor. In the event Lessee shall fail to remove any of Lessee's property as provided herein, Lessor may, but is not obligated to, at Lessee's expense, remove all of Lessee's property not so removed and repair all damage to the premises resulting from such removal, B. Akindimmog. Lessee shall not abandon or vacate the premises at any time during the term hereof. If Lessee shall abandon, vacate or otherwise surrender the premises, or be dispossessed thereof by process of law or otherwise, the same shall constitute a default under this Lease on the part of Lessee. 12. sold Over. In the event Lessee shall hold over or remain in possession of the leased premises after expiration or termination of this Lease Agreement without the written consent of Lessor, Lessee shall be obligated for the rent which Lessee was obligated to pay for the month immediately preceding the end of the term of this Lease Agreement for each month or any part thereof of any such hold over period. 13. Quiet Possession. Lessor agrees that Lessee upon paying the rentals and other payments herein required,and upon Lessee's performance of all of the provisions.covenants and conditions of this Lease on its part to be kept and performed, may quietly have, hold and enjoy the premises during the term of this Lease. 14. Fire or Qther Casualty. In the event of a fire or other casualty in the leased premises, Lessee shall immediately give notice thereof to Lessor. If the leased premises shall be totally or partially destroyed by fire or other casualty so as to render the leased premises all or partially untenantable, Lessee may elect to rebuild in its discretion. If Lessee elects not to rebuild or repair, the insurance proceeds in respect to the buildings)shall be paid to the Lessor and shall be credited to and reduce the amount of the option price paid by Lessee. 5 09-16-94 02: 15PM FROM KNUTSON FLYNN TO 9/4456718 P007/012 15. Insurance and Liability: A. Liability. At all times during the term of this Lease, Lessee shall keep in full force and effect at its expense a policy or policies of liability insurance with respect to the leased premises with companies licensed to do business in the State of Minnesota and approved by Lessor, in which Lessor shall be an additional named insured and which shall provide adequate coverage under reasonable limits of liability of not less than Two Hundred Thousand Dollars ($200,000.00) for injury or death to any one person, Six Hundred Thousand Dollars ($600,000.00) for injury or death to more than one person resulting from one occurrence, and One Hundred Thousand Dollars ($100,000.00) for damage B. Property Insurance. Lessee shall cause casualty and property damage insurance to be carried and maintained with respect to the property in an amount at least equal to the replacement value of the property, with a deductible similar to other properties owned by Lessee. Lessor and Lessee shall both be named insureds as their respective interests may appear. Lessee shall be responsible for obtaining insurance on its trade fixtures, equipment, supplies, fixtures, furnishings including furniture, carpeting, wall coverings, drapes, and other personal property owned by Lessee and located upon the leased premises. C. Waiver of Subrogation. To the extent such waiver does not void or diminish the coverage under any policy, Lessor and Lessee hereby waive any rights each may have against the other on account of any loss or damage occasioned to Lessor or Lessee, as the case may be, or their respective property, to the extent such loss or damage is covered by property insurance by either Lessor or Lessee. D. Certificates of Insurance. A certificate issued by the insurance carrier for each policy of insurance required to be maintained by Lessee hereunder shall be delivered to Lessor on or before the commencement date hereof and thereafter, as to policy renewals, thirty(30)days prior to the expiration of the term of each such policy. Each of said certificates of insurance and each such policy of insurance required to be maintained by Lessee hereunder shall expressly evidence insurance coverage as required by this Lease(including an express waiver of any and all rights of subrogation thereunder whatsoever against Lessor, its officers, agents and employees as hereunder) and shall certain an endorsement or provisions requiring not less than ten(10)days written notice to Lessor prior to the cancellation, diminution in the perils Insured against, or reduction of the amount of coverage of the particular policy in question. E. statute of Limitations of Liability. Nothing in this Lease shall constitute a waiver of any statutory limits or exceptions to liability. 6 09-16-94 O2: 15PM FROM KNUTSON FLYNN TO 9/4456718 PO08/012 16. Eminent Domain: A. Wire Premises. If all or substantially all of the leased premises shall be taken by any public authority under the power of eminent domain, then the term of this Lease shall cease as of the day possession shall be taken by such public authority. B. EactiaLlitking. If there is a partial taking of the leased premises under eminent domain,both Lessee and Lessor, at the sole option of either, shall have the right to terminate this Lease. Either party shall notify the other in writing within ten (10)days after such taking of their election to terminate. If neither party elects to terminate pursuant to this section, all of the terms herein provided shall continue in effect, except that the rent shall be reduced in proportion to the amount of the premises taken and Lessor shall at its own cost and expense make all necessary repairs or alterations to the basic building and interior work so as to constitute the remaining leased premises a complete architectural unit. C. per. If the leased premises or any portion thereof shall be taken or condemned for any public purpose to such an extent as to render the leased premises untenantable, this Lease Agreement shall, at the option of either party, forthwith cease and terminate. It is agreed that all proceeds from any taking of all or a part of the leased premises shall be divided pursuant to the respective rights and interests of the parties. 17. Default by Lessee. If default shall be made in the payment of any sum to be paid by Lessee under this Lease Agreement, and default shall continue for thirty (30) days after written notice from Lessor, or default shall be made in the performance of any of the other covenants or conditions which Lessee is required to observe and to perform, and such default shall continue for thirty (30)days after written notice from Lessor, or if the interest of Lessee under this Lease Agreement shall be levied on under execution or other legal process, or if any petition shall be filed by or against Lessee to declare Lessee as bankrupt or to delay, reduce or modify Lessee's debts or obligations, or if any petition shall be filed or other action taken to reorganize or modify Lessee's capital structure, or if Lessee be declared insolvent according to law, or if any assignment of Lessee's property shall be made for the benefit of creditors, or if a receiver or trustee is appointed for Lessee or its property, or if Lessee shall abandon the leased premises during the term of this Lease Agreement or any renewals or extension thereof, then I Lessor may treat the occurrence of any one or more of the foregoing events as a breach of this Lease Agreement, provided that no such levy, execution, legal process or petition filed against ! Lessee shall constitute a breach of this Lease Agreement if Lessee shall vigorously contest the same by appropriate proceedings and shall remove or vacate the same within sixty (60) days from the date of its creation, service or filing. Thereupon, Lessor may have any one or more of the following described remedies in addition to all other rights and remedies provided at law or in equity: A. Lessor may terminate this Lease Agreement and forthwith repossess the leased premises and remove all persons or property therefrom, and be entitled to recover 7 09-16-94 02: 15PM FROM KNUTSON FLYNN TO 9/4456718 P009/012 forthwith as damages a yam of money equal to the total of: (i)the cost of recovering the leased premises; (ii)the unpaid rent owed at the time of termination,plus interest thereon from due date at the maximum rate permitted by applicable law; (iii)the balance of the tract for the remainder of the term less the fair market rental value of the leased premises for said period; and (iv) any other sum of money and damages owed by Lessee to Lessor; or B. Lessor may terminate Lessee's right of possession (but not the Lease Agreement)and may repossess the leased premises without demand or notice of any kind to Lessee and without terminating this Lease Agreement, in which event Lessor may,but shall be under no obligation to do so. relet the same for the account of Lessee for such rent and upon such terms as shall be satisfactory to Lessor. 18. Waiver Failure of Lessor or Lessee to declare any default immediately upon occurrence thereof, or delay in taking any action in connection therewith, shall not waive such default, but Lessor or Leasee shall have the right to declare any such default at any time thereafter. 19. Mi A. Assignment and Subletting. Except as hereinafter provided, the parties shall not assign, mortgage,pledge,or encumber this Lease or the leasehold estate hereby created or any Interest therein without the prior written consent of the other party, which shall not be unreasonably withheld. In the absence of the express written consent, no assignment, mortgage, pledge, or encumbrance shall be deemed to be binding upon the parties nor act as a release of the parties from any of the provisions, covenants, and conditions of this Lease. It is further provided, however, that the above limitations shall not apply to Lessee in respect to a sublease(s) of the premises. Lessee shall provide notice to Lessor of any sublease. It is further acknowledged by Lessee that notwithstanding any sublease(s) that may be entered into, its obligation under this Agreement, including the payment of rent, shall continue. B. Imo. Any and all notices and demands by or from Lessor to Lessee, or from Lessee to Lessor, shall be in writing and shall be validly given or made if served either personally or if deposited in the United States mail,certified or registered, postage prepaid, return receipt requested. If such notice be served personally, service shall be conclusively deemed made at the time of such personal service. If such notice or demand be served by registered or certified mail in the manner herein provided, service shall be conclusively deemed made upon delivery to addressee. Any notice or demand to Lessor shall be addressed to Lessor at: 8 09-16-94 02: 15PM FROM KNUTSON FLYNN TO 9/4456718 PO10/O12 • City of Shakopee 129 South Holmes Street Shakopee, Minnesota 55379 Any notice or demand to Lessee shall be addressed to Lessee at: Independent School District No. 720 505 South Holmes Shakopee, Minnesota 55379 C. Successor;and Assigns. The terms, provisions, covenants and conditions contained in this Lease shall apply to, bind and inure to the benefit of the heirs, executors,administrators,legal representatives,successors and assigns(where assignment is permitted)of Lessor and Lessee, respectively. D. Severability. If any term or provision of this Lease Agreement, or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Lease Agreement, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby,and each provision of this Lease Agreement shall be valid and shall be enforceable to the extent permitted by law. E. Demolition. Tim Lessee may, in its sole discretion, elect to demolish and remove the building(s) from the property, and may alter the topography as deemed appropriate by the Lessee. In the event of such election by Lessee,the Lessee shall give notice to Lessor of its intended actions and shall conduct such activities in compliance with all statutes. rules, and regulations. It is further provided that should Lessee elect to demolish and remove the building(s)from the property,Lessee shall exercise its option to purchase on or before the termination date of this Agreement. F. Governing Law. This Lease Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. AU rights and remedies of Lessor under this Lease Agreement shall be cumulative and none shall exclude any other rights or remedies permitted by law. F. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration in accordance with dm rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Either party may petition for arbitration seven (7) days after it has provided notice of a dispute to the other party. 9 09-16-94 02: 15PM FROM KNUTSON FLYNN TO 9/4456718 P011/012 G. Wire Agreement. This Agreement represents the entire understanding and agreement between the parties hereto and this Lease Agreement may not be altered, changed or amended, except by an instrument in writing, signed by all parties hereto. WEER RE, the parties hereto have executed this Lease Agreement on the respective dates set forth below. CITY OF SHAKOPEE Dated: , 1994 By Its Dated: , 1994 By Its Dated: , 1994 By Its INDEPENDENT SCHOOL DISTRICT NO. 720 Shakopee, Minnesota Dated: , 1994 By Chair Dated: , 1994 By Clerk 1 10 09-16-94 02: 15PM FROM KNUTSON FLYNN TO 9/4456718 P012/012 • M • Exhibit A , :QAL DESCRWPT[ON CIF THE PROPERTY 11 I ' I I MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Clean-up After Contractors DATE: September 13, 1994 INTRODUCTION: Councilor Robert Sweeney has requested that the City Council discuss a recurring problem that the City periodically experiences, i .e. contractors not cleaning up in an expedient manner after completing construction projects . BACKGROUND: Periodically contractors will complete, or nearly complete public works projects, but will not clean-up the project site in a reasonable manner. Property owners are confronted with having to live with messy or unsightly conditions for unreasonable periods of time. It is requested that the City Council discuss this matter and adopt a policy which will address this dilemma. RECOMMENDATION: It is recommended that the City Council direct the City Administrator to prepare a policy which will provide for notification to contractors to clean-up once they have completed projects, or phases thereof, and to further provide that if contractors do not act in a timely manner (such as in a three to five day period) that the City initiate the clean-up process and deduct the cost of clean-up from the amount due to those contractors . ACTION REQUESTED: Move to direct the City Administrator to prepare a policy which will provide for City clean-up of messes and unsightly conditions around completed construction projects in the event that contractors do not do so in a timely manner, with the added provision that the costs of clean-ups will be deducted from the amounts due to these contractors. 1 11 ISECTION 18.00 PROTECTION AND RESTORATION OF PROPERTY (Cont. ) trees , shrubbery , plants , lawns , fences , culverts , bridges , 1 pavements, driveways, sidewalks , etc. ; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof ; and all other public or private property along or i adjacent to the work. I The Contractor shall notify the proper representatives of any public utility, corporation, and company or individual, not less 1 than 48 (forty-eight) hours in advance of any work which might damage or interfere with the operation on their or his property along or adjacent to the work . The Contractor shall be I responsible for all damages or injury to property of any character resulting from any act, omission, neglect or misconduct in the manner or method of executing the work , or due to his non-execution of the work, or at any time due to defective work 1 or materials. He shall restore, or have restored at his own cost and expense , such property to a condition similar or equal to that existing before such damage or injury was done , by I , repairing, rebuilding, or otherwise restoring as may be directed , or he shall make good such damage from injury in a manner acceptable to the City or the Engineer. In > case. of-;fazlure ion I the- 1 of; he Contractor?to Y°;restore; such 'tea or ake good suc "damage 'n""jur•= -mor he :Engineer oma i•oa.• A!C' ate, s--written �no + •er .•rthna_ y; c1rcum nces -a • ith• t`: tt:_ce � h .n a, A i - - Ce i,.f 4 _ :•o s Gond ton ' esu "s, '�" • oCee,�• tb rep;a �r,' I re.• + •,, • .•' a rj 3. es,ore sup £pr• •„,...,,,„„.y as ayAbe_ a a„ mi ed F ce s and the cost tther.eofVi,_-1e a uc' e• •."r Ho es du,e, t100he o° 2'� rCtorte under7th s on an z -ono Fso e'•acted; I l-- dff tactor iii-1-1 .beatai.ate• u•., Qr. " . i reimburse the,iGity -o v, Itt � e r ery.f; . Prior to construction , the Contractor shall obtain field locations or other assistance as may be required to determine the existence and location of gas main and other private utilities as well as public utilities of the City, County, or State which may I be underground or overhead within street and highway right-of-way or within easements and which may be interfered with under this Contract. IExisting underground , surface , or overhead structures are not necessarily shown on the Plans , and those shown are only approxi- mately correct and no responsibility is assumed by the City or I the Engineer for the accuracy of location. The Contractor shall make such investigations as are necessary to determine the extent to which existing structures may interfere with the work Icontemplated under this Contract . The sizes, locations, and depths of such structures as shown on. 1 the Plans and Profiles are only approximately correct and the Contractor shall satisfy himself as to the accuracy of the information given. 1 17 1 1 /ijc MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Policy for Replacement of Councilmembers on City Council DATE: September 13, 1994 INTRODUCTION: The City Council does not currently have a policy on the procedure to be utilized for filling vacancies on the City Council . It is desirable that such a policy be formulated. BACKGROUND: As all Councilmembers are aware Councilor Kris Dirks will be resigning this month. In the past no one specific procedure has been utilized to fill Council vacancies. The last vacancy was filled by appointment of Gary Scott by the City Council when Councilor Dolores Lebens was elected Mayor of Shakopee. Mr. Scott had been the highest vote getter not elected to the City Council at the previous City general election. The previous vacancy prior to that was filled by appointment of Steven Clay. Mr. Clay had not run for political office and was not the next highest vote getter but was appointed to fill the vacancy. State law indicates that when the length of the term remaining is in excess of two years, the City Council shall appoint someone to fill the vacancy until the next General City Election, at which time an election will be held for the remaining two years of the term. In the event that less than two years remain the term the City Council would fill the vacancy for the remainder of the term. In that Ms. Dirks was elected last year, there is more than two years remaining on her term. Therefore the City Council will appoint an individual to serve until the General City Election in November of 1995 . RECOMMENDATION: It is recommended that the City Council direct the City Administrator to draft a policy which addresses the filling of vacancies on the City Council . It is also recommended that the City Council consider advertising the vacancy and requesting that interested and qualified individuals notify the City Clerk of their interest in serving on the City Council and filling the existing vacancy. It is also recommended that the City Council provide the City Administrator with further direction as to what should be included in this policy. ACTION REQUESTED: Move to direct the City Administrator to formulate a policy for filling vacancies on the Shakopee City Council . CONSENT Ili MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer i SUBJECT: Met Council Water Quality Grants DATE: September 15, 1994 INTRODUCTION: Attached is correspondence from the Metropolitan Council approving the grant request for the Mill Pond Treatment Basin under the Met Council Water Quality Program. BACKGROUND: On June 7, 1994, the City Council adopted Resolution No. 4017 which authorized the filing of three grant applications for the Met Council Water Quality Program. The Met Council has approved one application, which dealt with constructing a settling basin at the outlet of the Upper Valley Drainageway into the Mill Pond. The purpose of this project is to decrease non point source pollutants in the stormwater prior to discharge into the Minnesota River (see attached project description). The grant amount is $100,000.00, which is the most any project can qualify for under this program. The total project cost is estimated at $135,000.00, and the City would be required to fund the $35,000.00 above and beyond the grant amount. A condition of the grant is that the City contribute at least 25% of the project costs, regardless of the project size. As is indicated in the Met Council correspondence, a detailed work plan and grant agreement needs to be prepared as the next step in the grant process. Prior to committing any more time or effort, staff is seeking direction from Council if they wish to allocate the $35,000.00 for this project and proceed with the grant process. If the Council does not wish to pursue this project, the grant can be rejected. ALTERNATIVES: 1. Direct staff to allocate $35,000.00 from the Storm Drainage Fund to construct the Mill Pond Treatment Basin, and proceed with the Met Council Water Quality Grant process. 2. Direct staff to respectfully decline the grant. RECOMMENDATION: Staff recommends Alternative No. 1. Shakopee has traditionally been very proactive in improving water quality, and staff views this as an excellent opportunity to positively impact the water quality in the Minnesota River. ACTION REQUESTED: Move to direct staff to allocate $35,000.00 from the Storm Drainage Fund to construct the Mill Pond Treatment Basin, and proceed with the Met Council Water Quality Grant process. DMN/pmp QUALITY 0 9. 07. 94 0 1 : 04 ?Sal wOSM ASSOC F'"04 Metropolitan Council Advocating regional economic,societal and environmental issues and solutions August 29, 1994 Peter Willenbring, Manager OSM & Associates Inc. • 5775 Wayzata Blvd, Ste. 300 Minneapolis MN 55416 RE: TCQI Grant for Mill Pond Treatment Basin Dear Mr. Willenbring • At its August 25, 1994, meeting, the Metropolitan Council approved twelve Twin Cities Water Qualv Initigrantand seven are educational in natturects for 1994 round of e. I am pleased to announce that. Five of the twelve grants are your improvement projects project was chosen for a grant. The next step in the process is developing a grant agreement. Most parts of the grant agreement arc standard language which will be prepared by the Council, however, a detailed work plan, schedule and project budget broken down by work task must be prepared by each grantee. In order to expedite the grant process, I am requesting that you submit a detailed work plan, schedule and budget by no later than Friday, September 9, 1994. If you have questions while preparing any of the above, please do not hesitate to contact me so that we can get it right the first time and prevent sending the materials back to you for revision. The work plan should be in sufficient detail so that each task can be monitored. A specific individual responsible for each task should be identified as well as the schedule and budget. The budgeted amounts should be broken down between grant cost and matching fund costs. If you would like to meet about your specific project, please let me know. I can be reached at 291-6519. Sincerely, • , rp.,...g.4) --4AteC James I,. Frost Contract Manager Mears Park Centre 230 Ear;Fifth Street St.P .Minnesota 55101-1634 12 291.6359 Fan 291.6550 TDD 291-0904 �1 An Equal Oppo t:; y Employer }&leveled P•90,�,/ ..ter l P.ART IL - PROJECT SUNL\L4RY Please include a project summary (maximum of 4 pages) that describes your project Include goals, objectives, a short description of the project and an evaluation. Also mention the project 1 timeline, other co-sponsors or any other pertinent information. The summary should be accompanied by a map showing the location of the project within the watershed. The goal of this project is to improve the e::ality of stormwater runoff received by the Minnesota River by constructing a stormwater treatment basin at the outfall of the Shakopee Upper Valley Drainageway. The Shakopee Upper Valley Drainageway receives stormwater runoff from its 5400 acre watershed located within the City of Shakopee and the Townships of Louisville and Jackson. This watershed is shown in Figure 1. Figure 2 shows the configuration of the stormwater treatment basin located at the outfall of the Upper Valley Drainageway. The project is anticipated to begin construction in the spring or summer of 1995 with a completion date of no later than the fall of 1996. The City of Shakopee will be the sponsor of this project and will provide the funding for this project above and beyond the S100,000 contribution by the Metropolitan Council. The total estimated cost to construct this stormwater treatment basin is S 135,000. As part of this project, water quality monitoring for nutrients and suspended solids will also be undertaken at the inflow and outflow of the stormwater treatment basin in order to determine the effectiveness of this basin as a stormwater treatment system. T-2 8 AA MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Customer Service Representative and Clerk Typist I Position Appointments DATE: September 16, 1994 INTRODUCTION: On August 16, 1994 the Shakopee City Council authorized the appropriate City officials to advertise for three new position classifications including: 1. Customer Service Representative, 2 . Clerk Typist I, and 3 . Secretary. Staff is recommending that two of the positions be filled at this time. BACKGROUND: Consistent with the provisions of the City Personnel Policy, the aforementioned positions were internally advertised. The City utilized the Scott County Personnel Department to develop the required advertisement posting and testing requirements. Several internal candidates applied for each of the aforementioned positions. On September 13, 1994 the Scott County Personnel Department certified a list of candidates to the City for each of the aforementioned positions. On September 15, 1994 the candidates certified by the County were interviewed for the various positions. Interviews for the Clerk- Typist I position were conducted by the Asst. City Admin. and the Recreation Dept. Supervisor. Interviews for the Customer Service Rep. position were conducted by the Asst. City Admin. and the City Clerk. The candidate certified by the County for the Secretary position was also certified for the Clerk Typist I and Customer Service Rep. positions. This candidate ultimately selected the Clerk Typist I position as her first job preference and interviews were conducted accordingly. Based upon the results of the interview, staff is recommending that Barb Potthier be appointed to fill the Clerk Typist I position at Step 4 of the 1994 wage schedule. Staff is also recommending that Tamara Vidmar be appointed to fill the Customer Service Representative position at Step 4 of the 1994 wage schedule. It should be noted that until official adoption of the union contract amendment acknowledging the Customer Service Representative position and wage schedule that the wage for the Customer Service Representative position will be frozen at the top step of the 1994 wage schedule for the Receptionist position classification. When the new wage schedule is officially adopted acknowledging the Customer Service Representative position, the individual appointed to that position will be retroactively reimbursed for the wage differential. Staff is recommending that the appointments be made effective October 10, 1994 . ALTERNATIVES: 1. Move to appoint Barb Potthier to fill the Clerk Typist I position at step 4 of the 1994 pay plan. 2 . Move to appoint Tamara Vidmar to fill the Customer Service Representative position at step 4 of the proposed 1994 pay plan. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1 and #2. REOUESTED ACTION: 1. Move to appoint Barb Potthier as Clerk Typist I at Step 4 of the 1994 Wage Schedule. 2 . Move to appoint Tamara Vidmar as Customer Service Representative at Step 4 of the proposed 1994 Wage Schedule. (Wage for the position to be effective after amendment to the 1994 Union Contract) 11N MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne�/�'\ DATE: September 15, 1994 rr RE: Elimination of Positions and Notification to Employees BACKGROUND: On August 16, 1994, the City Council voted to authorize the appropriate City officials to advertise for new positions classifications . This step was the first in the reorganization of the lower clerical levels of the City. DISCUSSION: To pursue the reorganization, it is necessary to eliminate the positions of Main Receptionist, Recreation Receptionist, and Public Works Receptionist . The duties of the Public Works Receptionist are being eliminated, and an answering machine installed. The duties of the Recreation Receptionist are being eliminated as unnecessary, now that the Park and Recreation Division is in the same building as the rest of City Hall . The main receptionist handles those duties. The Main Receptionist position itself no longer meets the needs of the City. In this building the person staffing that position is expected to handle substantial financial responsibilities and computerized receipting duties . The three positions to be eliminated are union positions filled by regular (sometimes called permanent) employees . The pertinent provisions in the existing personnel policies provide as follows regarding termination: "After at least two weeks notice to the employee, the City Council may lay off any employee whenever such action is necessary because of shortage of work or funds, the abolition of a position, or changes in organization. " Therefore, two weeks' notice from the City Council is needed in order to follow through with the reorganization. Staff is recommending that these positions be continued until October 7, which is the end of a week, rather than simply ending two weeks after the notice is given. ALTERNATIVES : 1 . Eliminate the positions of Main Receptionist, Recreation Receptionist, and Public Works Receptionist, and direct staff to send the attached notices to the employees presently holding those positions . 2 . Do not eliminate the positions of Main Receptionist, Recreation Receptionist, and Public Works Receptionist . ACTION REQUESTED: Move to eliminate the positions of Main Receptionist, Recreation Receptionist, and Public Works Receptionist, and direct staff to send the attached notices to the employees presently holding those positions . September 21, 1994 Ms . Receptionist Dear Ms. . Due to the abolition of your position and changes in organization, you will be laid off effective 11 :59 p.m. October 7, 1994 . Within five working days following your termination, you may request in writing that the City inform you of the reason for the termination. You may continue your health insurance under COBRA, as described on the attached COBRA Notice. The Labor Agreement between the City and your union provides you with certain rights, including the right to file a grievance. If you wish to exercise this right, you will need to follow the provisions of the Agreement . You may wish to contact your union business agent for more information. If you have any questions about this, please contact Barry Stock, Assistant City Administrator, at (612) 445-3650 . Sincerely, Gary Laurent, Mayor, on Behalf of the City Council cc : Barry Stock Union CONSENT /.2a) MEMO TO: Dennis Kraft, City Administrator FROM: John DeLacey, Engineering Tech. III eo SUBJECT: Apgar Street, Project No. 1992-6 DATE: September 14, 1994 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Apgar Street Project No. 1992-6. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 4070, A Resolution Accepting Work on Apgar Street, 6th Avenue to 1st Avenue; 2nd Avenue, Atwood Street to Pierce Street; and Pierce Street, 2nd Avenue to 3rd Avenue, Project No. 1992-6 and move its adoption. JD/pmp MEM4070 RESOLUTION NO. 4070 A Resolution Accepting Work On Apgar Street, 6th Avenue To 1st Avenue; 2nd Avenue, Atwood Street To Pierce Street; And Pierce Street, 2nd Avenue To 3rd Avenue Project No. 1992-6 WHEREAS, pursuant to a written contract signed with the City of Shakopee on September 1, 1992, Hardrives, Inc., 9724 10th Avenue N., Plymouth, MN 55441 has satisfactorily completed Apgar Street, 6th Avenue to 1st Avenue; 2nd Avenue, Atwood Street to Pierce Street; and Pierce Street, 2nd Avenue to 3rd Avenue by street reconstruction, pavement, sanitary sewer and watermain, in accordance with such contract. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA that the work completed under said contract is hereby accepted and approved; and Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CERTIFICATE OF COMPLETION CONTRACT NO. : 1992-6 DATE: September 2 , 1994 PROJECT DESCRIPTION : Apgar Street Reconstruction CONTRACTOR: Hardrives , Inc. 9724 10th Avenue N . Plymouth , MN 55441 ORIGINAL CONTRACT AMOUNT $ 350 , 530 .40 QUANTITY CHANGE AMOUNT $ ( 16 ,663 .79) CHANGE ORDER NO. 1 THRU NO. -- AMOUNT . . $ 10 , 930. 18 FINAL CONTRACT AMOUNT $ 344 , 796 . 79 LESS PREVIOUS PAYMENTS $ 344 . 796 . 79 FINAL PAYMENT $ -0- I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. Professional Engineer CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer SUBJECT: Renaming Vierling Drive from Presidential Lane to the Western Corporate Limits DATE: September 15, 1994 INTRODUCTION: Attached is Ordinance No. 386, an ordinance renaming Vierling Drive from Presidential Lane to the Western Corporate Limits to 13th Avenue. BACKGROUND: On March 8, 1994, the City Council held a public hearing on the proposed improvements to Vierling Drive from County Road 15 to Presidential Lane. At the conclusion of the public hearing, the Council ordered improvements as recommended in the feasibility report. The feasibility report recommended realigning Vierling Drive south of its existing location to avoid constructing a collector street through an established residential neighborhood. The new collector street in the southerly alignment is a continuation of Vierling Drive from the east, and the name should be carried through. This would leave the City with two streets named Vierling Drive running parallel to each other. The existing portion of Vierling Drive should be renamed to avoid this situation. Staff is recommending that the existing Vierling Drive between Presidential Lane and the Western Corporate Limits be renamed to 13th Avenue, in conformance with the existing street naming pattern. This section of roadway was originally platted as 13th Avenue, then later renamed to Vierling Drive. ALTERNATIVES: 1. Adopt Ordinance No. 386. 2. Deny Ordinance No. 386. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Ordinance No. 386,An Ordinance Renaming Vierling Drive Between Presidential Lane and the Western Corporate Limits to 13th Avenue, and move its adoption. DMN/pmp MEM386 ORDINANCE NO. 386 An Ordinance Of The City Of Shakopee, Minnesota, Changing The Name Of A Portion Of Vierling Drive In The City Of Shakopee To 13th Avenue THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, PURSUANT TO AUTHORITY GRANTED BY MSA 440.11 DOES HEREBY ORDAIN: SECTION I: Named Changed Vierling Drive in the City of Shakopee is hereby renamed 13th Avenue extending from the Western most limits of the City of Shakopee to its intersection with Presidential Lane. SECTION II: Filing Immediately after the publication of this Ordinance it shall be recorded and filed in the Office of the County Recorder of Scott County, Minnesota. SECTION III: When in force and effect This Ordinance shall be in full force and effect after the adoption and attestation of this Ordinance. It shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date following such publication. Passed in session of the Shakopee City Council held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT /2c MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Recreation Budget Amendment - Res. No. 4071 DATE: September 13 , 1994 INTRODUCTION: Higher than expected registration for the Fall Soccer Program has resulted in the need to amend the 1994 Recreation Budget to allow for the acquisition of additional supplies associated with the program. BACKGROUND: Earlier this year the City received a $500. 00 contribution from Inland Container Corporation. These funds were allocated towards the purchase of supplies for our Fall Soccer Program. Initially, staff expected that approximately 50 participants would register for this program. On September 12, 1994 registration for the Fall Soccer Program was held. Actual program registration greatly exceeded our expectations. At this time we have 100 children in grades K-4 registered. We also expect to receive several late registrations. In preparing the 1994 Recreation Budget, we did not anticipate the start up a soccer program this year. Therefore, expenditures and revenues associated with this program were not budgeted. The initial $500. 00 contribution from Inland Container is now expected to cover approximatly 30% of our program start-up costs. The registration fee for the Fall Soccer Program is $15. 00 per participant. Staff is recommending to City Council that the 1994 Recreation Budget be amended to reflect the additional revenue generate from this program. Staff is also requesting a increase in the recreation supply category to purchase additional soccer equipment and supplies needed to accommodate each of our fall soccer teams. ALTERNATIVES: 1. Offer Resolution No. 4071, A Resolution Amending Resolution No. 3913 Adopting the 1994 Budget. 2 . Do not adopt Resolution No. 4071. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REOUESTED: Offer Resolution No. 4071, A Resolution Amending Resolution No. 3913 Adopting the 1994 Budget. AS/tiv RESOLUTION NO. 4071 A RESOLUTION AMENDING RESOLUTION No. 3913 ADOPTING THE 1994 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are changed as follows: Fund Division Account Amount General Revenue Soccer Registrations $1,500 General Recreation Supplies $1,500 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney CONSENT 1 z of MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Premises Permit for Shakopee Youth Hockey, Inc. DATE: September 16, 1994 INTRODUCTION & BACKGROUND: The Shakopee Youth Hockey, Inc. is making application for a premises permit sell pull tabs at the Eagles Club at 220 West 2nd Avenue. (This is their second site. They have a premises permit at Springers. ) They meet the requirements of the City Code relating to gambling. RECOMMENDED ACTION: Offer Resolution No. 4074, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permits for The Shakopee Youth Hockey, Inc. , and move its adoption. RESOLUTION NO. 4074 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A PREMISES PERMIT FOR THE SHAKOPEE YOUTH HOCKEY, INC. WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew a premises permit; and WHEREAS, the Shakopee Youth Hockey, Inc. is seeking a Premises Permit at the Eagles Aerie #4120 Club, 220 West 2nd Avenue, Shakopee, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Premises Permit for the Shakopee Youth Hockey, Inc. at the Eagles Club, 220 West 2nd Avenue, Shakopee, Minnesota, be approved. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 20th day of September, 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT 12) MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer SUBJECT: Canceling the Public Hearing For Stormwater Improvements to Northern Shakopee DATE: September 16, 1994 INTRODUCTION: Attached is Resolution No. 4072, a resolution canceling the public hearing for Stormwater Improvements to Northern Shakopee. BACKGROUND: On August 16, 1994 the City Council adopted Resolution No. 4058 which received a report and called a hearing on Stormwater Improvements to Northern Shakopee. The hearing was scheduled for 7:30 P.M. on September 20, 1994. Staff is recommending that this hearing be canceled for the following reasons. 1. This project relates very closely with new requirements set forth in the Comprehensive Stormwater Management Plan. Due to the Planning Commission action to table this item at the September 8th meeting, a recommendation to the City Council has not yet been provided. Staff felt that the Comprehensive Stormwater Plan should be approved prior to the public hearing for related stormwater improvements. 2. In the review of the Special Assessment Policy, staff has discovered that the situation where a municipal storm sewer system which primarily serves to drain private property was not adequately addressed. Staff intends to bring this issue to Council for review. Due to the above circumstances, staff recommends canceling the public hearing. As some of the issues remaining to be resolved may impact assessments,the City Attorney has recommended that the hearing not be opened, then continued, but rather canceled altogether. When the issues outlined above have been addressed, staff will request that another hearing date be set. ALTERNATIVES: 1. Adopt Resolution No. 4072. 2. Deny Resolution No. 4072. RECOMMENDATION: Staff recommends Alternative No. 1. Note that due to the order of the agenda, if Council concurs with the recommendation, adopting Resolution No. 4072 should be handled with the consent business, so as to be considered prior to the public hearing. ACTION REQUESTED: Offer Resolution No. 4072, A Resolution Canceling the Public Hearing for Stormwater Improvements to Northern Shakopee, Project No. 1995-1 and move its adoption. DMN/pmp MEM4072 RESOLUTION NO. 4072 A Resolution Canceling The Public Hearing For Stormwater Improvements To Northern Shakopee Project No. 1995-1 WHEREAS, pursuant to Resolution No. 4058 of the City Council adopted August 16, 1994 a public hearing has been set for the 20th day of September, 1994 at 7:30 P.M. or thereafter; and WHEREAS, the proposed project will have an impact on regional stormwater drainage; and WHEREAS, due to an unexpected delay the City Council has not had the opportunity to review the Comprehensive Stormwater Management Plan; and WHEREAS,the adoption of the Comprehensive Stormwater Management Plan may have a substantial impact on the project. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the public hearing as set by Resolution No. 4058 is hereby canceled. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 13 as CONSENT MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Employment Resignation - William Schultz DATE: September 20, 1994 INTRODUCTION: Attached is a resignation letter from William Schultz, Volunteer Firefighter. BACKGROUND: Mr. Schultz has submitted his resignation from the Fire Department . ACTION REQUESTED: Move to accept the resignation of William Schultz, Volunteer Firefighter. CITY OF SHAKOPEE City Council 129 Holmes St. Shakopee, MN 55379 William Schultz 1020 Madison St. Shakopee, MN 55379 Dear City Council; I respectfully request to resign my position on the Volunteer Fire Department for per- sonal reasons. Sincerely; //V5::';:;:6e%.?"'4'17 William Schultz Iib , MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE : Reorganization Plan - Phone System Implementation DATE : September 19, 1994 INTRODUCTION: The reorganization plan submitted by staff called for the elimination of the Receptionist position at the Public Works office . In conjunction with the elimination of the Receptionist position, staff had recommended that a new phone system be installed to accommodate incoming calls at the Public Works Department . BACKGROUND: In preparing the background data for the proposed reorganization, staff had projected the cost for upgrading the phone system at the Public Works Department to be approximately $5, 000 . 00 . Staff has now received firm quotations from the appropriate vendors to upgrade the phone system to allow for the introduction of voice mail and call forward to the City Hall facility. The costs can be broken down as follows : 1) U. S . West - $793 . 00, 2) Communications World - Voice Mail Upgrades - $2 , 288 . 00 . There may be additional minor expenditures to facilitate the improvement . Therefore, staff is seeking Council authorization to expend up to $4000 . 00 for the voice mail upgrade . Since the costs for the improvements are not specifically budgeted, City Council approval is required. It should be noted that costs savings associated with the elimination of the position will be more than adequate to offset costs associated with the equipment upgrades . ALTERNATIVES : 1 . Move to authorize the appropriate City officials to expend up to $4000 . 00 from the Street Division budget for the implementation of voice mail and call forward to City Hall . 2 . Do not authorize the appropriate City officials to expend up to $4000 . 00 from the Street Division budget to effectuate the proposed reorganization plan. 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REQUESTED: Authorize the appropriate City officials to expend up to $4000 . 00 from the Street Division budget for the implementation of voice mail and call forward to City Hall . BAS/tiv Iia MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Resolution of Endorsement for Appointment of Gloria Vierling and Joan Lynch to the Metropolitan Council DATE: September 20, 1994 INTRODUCTION: The attached Resolution endorses the appointment of Joan Lynch and Gloria Vierling to represent District 5 on the Metropolitan Council . ACTION RECOMMENDED: Move to adopt Resolution No. 4090, A Resolution Endorsing the Appointment of Joan Lynch or Gloria Vierling to the Metropolitan Council representing District 5 . DRK/tiv September 20, 1994 Mayor Gary Laurent City of Shakopee 129 S Holmes Street Shakopee, MN 55379 Dear Mayor Laurent and Council Members, Please accept my resignation from City Council effective September 27, 1994. It has been both an honor and a pleasure to serve the residents of Shakopee in the capacity of City Councilor. I would like to thank the community for the opportunity. Sincerely, 7 sten Dirks CITY OF SHAKOPEE SEP 2 0 1994