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HomeMy WebLinkAboutDecember 02, 1980 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 2, 1980 Acting Mayo Reinke presiding. 1] Roll Call at 7:30 P.M. 2] Approval of Minutes of August 19th, September 15th, October 2nd, and October 14th, 1980 3] Communications: a] Shakopee Sand & Gravel Co. b] Metropolitan Waste Control Commission c] Bureau of the Census d] 4] Liaison Reports from Councilmembers: a] Cncl.Colligan from the Fire Dep't.; Jt. Seven Man Committee and the Planning Commission b] Cncl.Hullander c] Cncl.Lebens from the Community Services Board d] Cncl.Leroux from the Shakopee School Board e] Cncl.Reinke from the Shakopee Public Utilities Commission f] Mayor Harbeck from Scott County Board of Commissioners 5] RECOGNITION BY THE CITY COUNCIL OF ANYONE PRESENT IN THE AUDIENCE WHO DESIRES TO SPEAK ON ANY ITEM NOT ON THE AGENDA 6] Old Business: a] Damage Claim - Maryann Siedow' b] City storm sewer costs for Furrie's 2nd Addition c] Partial Payment to Erickson Constr., Inc. (4th Ave. Watermain) • 7] Planning Commission Recommendations: • 8] Routine Resolutions and Ordinances: a] Res. No. 1748, Declaring Cost to be Assessed and Setting A Public Hearing on the Proposed Assessment b] Res. No. 1749, Authorizing Condemnation Proceedings for CR -16 Utilities ('80 -4) and Repealing Res. No. 1699 c] Res. No. 1750, Awarding Bids on the CR- 16/CR -83 Watermain Within the Kmart Tax Increment Project (80 -10KT) d] Res. No. 1751, Ordering Preparation of A Report on an Improve- ment (81 -1 V.I.P. Sanitary Sewer Interceptor) e] Res. No. 1752, Receiving A Report and Calling A Public Hearing on an Improvement (81 -1 V.I.P. Sanitary Sewer Interceptor) f] Res. No. 1753, Amending Res. No. 1726 Adopting Assessments for 80 -10 Halo 2nd Addition Improvements 9] New Business: • a] 8:35 P.M. PUBLIC HEARING - Application from S & W Realty (Shakopee Shops) for $600,000 Industrial Revenue Bonds b] 8:45 P.M. PUBLIC HEARING - Application from Progress Valley Park for $2,400,000 Industrial Revenue Bonds c] Resolution No. 1754, Giving Preliminary Approval of $2,400,000 Industrial Revenue Bonds for Progress Valley Park d] 9:00 P.M. PUBLIC HEARING - Application from St. Francis Hospital for $9,120,000 Industrial Revenue Bonds . e] 9:15 P.M. Application for an On Sale Liquor License and a Sunday Liquor License - by Empire Inc., 1145 Mn. Valley Mall s � TENTATIVE AGENDA December 2, 1980 Page -2- f] H.R.A. Director's report on equipment for congregate dining program g] Conditional Use Permit to move in a house h] Kmart Valuation i] Estimated Land Value, Block 30 Original Shakopee Plat j] Levee Drive - Discussion k] Report on Prior Lake /Spring Lake Watershed District - Project W.D. 76 -4 1] City Engineer.status report on public improvements • m] Interfund Transfers n] Authorize advertising for bids on leasing a vehicle o] Res. No. 1755, Initiating Vacation of Easements in Mn. Valley 3rd Addition p] Partial payment to Barbarossa and Sons 10] Consent Business: 11] Other Business: a] b] c] d] 12] Adjourn to Tuesday, December 16th, 1980 at 7:30 P.M. John K. Anderson City Administrator • .i 1 r aa, i TENTATIVE AGENDA SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY Regular Session December 2, 1980 Chairman Hullander presiding 1. Roll call at 7:00 P.M. 2. Elderly Highrise a. Discussion of pedestrian crossing for elderly highrise b. Update on completion of community room and kitchen 3. Fourth and Minnesota Neighborhood Revitalization Project a. Closings for Lots 7, 8, 9 and 10, Block 2, Macey Second Addition b. Correspondence from Rudy Boschwitz c. Contract revisions for Goodwin Builders, Lots 1 and 2, Block 3 4. Authorize payment of the bills 5. Other business 6. Adjourn a Jeanne Andre Executive Director 1 CA MEMO TO: Members of the Shakopee Housing and Redevelopment Authority FROM: Jeanne Andre, Executive Director RE: Pedestrian Crossing for Elderly Highrise DATE: November 26, 1980 A meeting was held Monday, November 24, 1980 with Bill Crawford and Mike Robinson of the district office of the Minnesota Department of Transporation (MDOT). Mayor Harbeck called the meeting which was also attended by the Acting City Administrator, the City Engineer, and the HRA Director. The meeting was held to discuss the location of the proposed pedestrian crossing to facilitate residents of the elderly highrise in crossing First Avenue. MDOT had previously recommended a con- trolled crosswalk located midblock between Fuller and Atwood Streets. • The mayor brought forward a request to have the crossing at the intersection of Atwood and First Avenue. Commissioner Braun pre- viously suggested that this change might be acceptable to MDOT (even if the required traffic warrents were not met) if the City would pay all project costs. However at the most recent meeting MDOT staff indicated the crossing could not be at the intersection unless at least one warrent was met. As the intersection of Atwood and First Avenue doesn't meet any of the traffic warrents, the only crossing acceptable to MDOT is the midblock crossing. MDOT officials recommended that the median divider not be built, and indicated that the requirement for direct access to the crossing from the highrise building could be dropped. Therefore the main disadvantage to the crossing would be the loss of street parking. Parking would be restricted for one -half block in advance of, and 20 feet past the proposed mid -block pedestrian signal system. The restricted parking area is delineated on the attached map. A copy of the June 15, 1979 letter from MDOT regarding this crossing is also attached, for your information. If the HRA would like MDOT engineers to design this system, they can do so by approxi- mately Feburary 1, 1981. JA /jms attachment • .,.-:? • C. ( I 1 ,.. r.,:rItr: . I ..— ' .... .. _• :' .1 . I I • •I ■ w.. , r.1 I 1 L e 1 4 L t.' L. r•••"1 1 : L (.. T 2. ! i . I. . i ■ • 1 • I }—: 1 • I r ).) L.) , I I } co ... I . • 0 .. 0'1 ' 0 . • • 0 . • ,.--...., . ? I -... . 7r ,...• • I . 1 .< 4 i •• .. .• 1 • , • - • • .. c.,.• 1 • - I .---C1-----7-1' •..._. i :, _ — ---• . -..m..,....2.7 Niam.•=1,....a........0...........,m....w.m.o.. • .............c..... \i I • • I 1 e , . . 0 ' .. .. I . - • 'Velq1.. l■ _NIVA14.■1401,.. •■. ilfi N......"•.*l. ' . — 1 --1 - 1 r_.-_-_,::7---"-- ..N / . I:•.1 , - -- . .:. l.:_ • • • ' '. " ' 1 I. : " 0 ,•`. 1"" ..— • ,— • --.,—",) 41 .7.:k, I .,.. I . - 1 • N, '..! ( .J. • - - '. • ro, (..o.alt ..• .• .. • .•-; r• • ,,,I . .. • .. . • • ••• • • • •• ; . i lt '• I .....: ....... --• . •; . r --- :,.- .. . 1 .....:. I • • ....• I 1 1. , _ . 1 . , • rp-7-77771 . . p ,•,,, 61,055/,,, ,, I, e( No far le.-1 el j A re4 • • . . • FIGURE 3 • • .. . . • 11 . .. . . .. . . . .. • 41T0 , 0 d Minnesota A a Department of 'Franspoml(ion District Five t: 5801 Duluth Street Of Ti Golden valley, Mini1c cola 554:2.2 June 15, 1979 (612) 545.3761 Henry Spurrier Shakopee City Engineer Shakopee City Hall 129 East 1st Avenue Shakopee, Minnesota 55379 In Reply Refer To: 315 C.S. 7009 (T.H. 169) Located between Atwood And Fuller Streets Pedestrian Signal System Dear Mr. Spurrier; Our office recently submitted the Signal. Justification Report for the pedestrian signal proposed for the mid -block location between Atwood and Fuller Streets to the State Traffic Office. The pedestrian signal installation is not justified according to the warrants outlined in our guideline, the Manual On Uniform Traffic Control Devices. However, the State Traffic Engineer, C.W. Christie, does realize the potential elderly pedestrian problem. / His recommendation is that, if the City desires, a permit be issued to the City to allow construction of the pedestrian signal with ►the following stipulations: 1. The City will pay 100 percent of the construction costs and let the project. 2. The City will provide power and pay the power costs to operate the pedestrian signal system. 3. Upon completion of the pedestrian signal system installation, the City will accept responsibility for painting, relam1)i.ng, cleaning and controller- hardware maintenance. 4. On T.H. 169 (1st Avenue) parking will be restricted for the 1/2 block in advance of, and 20 feet past the proposed mid -block pedes- trian signal system. 5. An easement will be obtained (if necessary) and a sidewalk con- structed and maintained by the City to connect the elderly housing complex on Levee Drive with the mid -block pedestrian signal system. An Equal Oppni'iiwily Employer c fL '�YQ • / 7-4/ .'r ,/ Henry Spurrier June 15, 1979 Page two If the City can meet the above stipulations, and the City still wants the pedestrian siganl system, please notify this office so a permit can he issued. Also, if the City does still desire the signal, the State will design the signal system. If you have any questions, please contact me. We await your decision on this proposed mid -block pedestrian signal. system. Sincerely, 7 1 -7 //A-C4,4_44' .: 1:. Midhael Robinson, P.E. District Traffic Engineer / • • MEMO TO: Members of the Shakopee Housing and Redevelopment Authority FROM: Jeanne Andre, Executive Director RE: Closings Under the 235 Homeownership Program Fourth and Minnesota Neighborhood Revitalization Project DATE: November 26, 1980 Goodwin Builders expects to be ready to close on four units between approximately December 12 -19, 1980. The units are as follows: Lot 7, Block 2, to be purchased by Renee Erath Lot 8, Block 2, to be purchased by Muriel and Eldon Barnard Lot 9, Block 2, to be purchased by Scott and Judy Gratz Lot 10, Block 2, to be purchased by Jane Wostrel The units are not yet complete, but will be before staff arranges for execution of the deeds. In addition easements are necessary to provide future owners of two of these units with access to their individual water and sewer services. The following motions should be adopted by the HRA to clear the way for these closings: 1. Authorize appropriate HRA officials to make, execute and deliver deed to Lot 7, Block 2, Macey Second Addition, subject to inspection and approval by staff of improve- ments constructed therein, to Goodwin Builders, Inc. This action to be in accordance with contract for deed .between Goodwin Builders, Inc. and the Shakopee Housing and Redevelopment Authority, for the purpose of conveying 'said property to authorized buyer identified by HRA. 2. Authorize appropriate HRA officials to make, execute and deliver deed to Lot 8, Block 2, Macey Second Addition, subject to inspection and'approval by staff of improve- ments constructed therein, to Goodwin Builders, Inc. This action to be in accordance with contract for deed between Goodwin Builders, Inc. and the Shakopee Housing and Redevelopment Authority, for the purpose of conveying said property to authorized buyer identified by HRA. • 3. Authorize appropriate HRA officials to make, execute and deliver deed to Lot 9, Block 2, Macey Second Addition, subject to inspection and approval by staff of improve - ments constructed therein, to Goodwin Builders, Inc. This action to be in accordance with contract for deed between Goodwin Builders, Inc. and the Shakopee Housing and Redevelopment Authority, for the purpose of conveying said property to authorized buyer identified'by HRA. 4. Authorize appropriate HRA officials to make, execute and deliver deed to Lot 10, Block 2, Macey Second Addition, subject to inspection and approval by staff of improve- ments constructed therein, to Goodwin Builders, Inc. This action to be in accordance with contract for deed between Goodwin Builders, Inc. and the Shakopee Housing and Redevelopment Authority, for the purpose of conveying said property to authorized buyer identified by HRA. S. Authorize appropriate HRA officials to grant an easement to Eldon and /Muriel Barnard in Lot 7, Block 2, Macey Second Addition for the right to dig, install, maintain, repair, use, enlarge, modify and service installations installed therein, for the benefit of Lot 8, Block 2, Macey Second Addition. 6. Authorize appropriate HRA officials to grant an easement to Scott and Judith Gratz in Lot 10, Block 2, Macey Second Addition for the right to dig, install, maintain, repair, use, enlarge, modify, and service installations installed therein, for the benefit of Lot 9, Block 2, Macey Second Addition. JA /jms • f 3 .b • J Cnif ecb ,Mf of ez - cnaf e E: • WASHINGTON, D.C. 20510 MY November 2.5, 1980 Mr. Richard S. Hullander, Chairman Jeanne Andre, Executive Director Shakopee Housing & Redevelopment Authority 129 East First Avenue Shakopee, Minnesota 55379 Dear Richard and Jeanne: =0 Thank you for contacting me regarding the Department of 1 and Urban Development (HUD) Section 2"5 Program. I want to inform you of recent developments. I have been in contact with HUD Secretary Moon Landrieu and his Federal Housing Administration office. On October 2.1 I sent the enclosed letter to Secretary Landrieu. Last week Deputy Assistant•Secretary John McNeese informed me that HUD officials have determined funds are available for: a) those people with firm commitments. b) those people with convertable (conditional) commitments. c) those builders with preliminary reservations for units already under construction. / • Unfortunately, because of HUD mismanagement in some parts of the country (where they overcommitted themselves) Mr. McNeese reported that HUD officials do not have funds available for those people who did not get preliminary reservations. Many people,especially in Minnesota, were told reservations were not necessary because funds were available. Locally this was true, nationally it was not. There is a bill in Congress that would appropriate additional money to the HUD 235 Program, however, I do not expect it will provide any relief in the near future. It is a $3.4 billion proposal that would authorize $12.5 million for the program in the first year. With a lame duck Congress meeting and a new administration forthcoming the prospects of passing any major appropriation legislation is not good. I wish I could be giving you better news. The problems created for potential homeowners and builders are very bad. I felt it necessary, however, to let you know so you could make alternative plans if necessary. • • November 25,1980 Page 2 If you have any questions or /need addi \ional. information please contact either Dan Meyer of my staff)(22.1 -090!1 - metro; 1 -800 -652-9771 - outstate) or Chiiek Cornea of the HUD office at 725 -4796. Sincerely,/ t(J to udy Dos 'chwitz United States Senator RB /qb Enclosure • • RUDY BOSCHWITZ • MINNESOTA ?1Czzifeb , fafcz , chafe WASHINGTON. D.C. 20510 October 21, 1980 }. Honorable Moon Landrieu Secretary Department of Housing and Urban Development 451 Seventh Street SW Washington, D.C. .20510 Dear Secretary Landrieu: As you know, HUD's recent freeze of funds for the Section 235 • -; program 'has created a tremendous burden for the low- and moderate - income families who benefit from this program. I am particularly • concerned about how this freeze will impact the northern part of the country, y, g y, and Minnesota specifically. 1 - The freeze of Section 235 funds has suspended the construction of many homes. With winter rapidly approaching there is little time.left in Minnesota construction season. Many people are seeing the opportunity of owning a home vanish because of HUD's action. Furthermore, many area builders are in a bind. The existence of some construction businesses is threatened because construction was begun based on assurances by HUD officials that there was plenty of money available in the Section 235 program -- and now no funds are. forthcoming. I ask that ou consider these regional weather factors and the length of tho con truction season in lifting the freeze and allocating t - Secti.'n 235 funds. It's very unfortunate that the opportun ty of home ownership by low- and moderate - income families and the survival of some small construction companies is threatened •y inadequate monitoring and mismanagement on the part of H' D. Co - equently, I would also ask that the audit be completed as soon .s possible. SI n. -rely, 4 4440 'udy Bo chwitz nited Sates Senator RB :jom • PS JE M ( 7 yo - THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT * WASHINGTON, D.C. 20410 ll1il ''' ?a M + 0 November .6 , 19 80 • Honorable Rudy Boschwitz United States Senate Washington, DC 20510 Dear Rudy: This is in further response to your letter of October 21, 1980 concerning the status of the Department's Homeownership Subsidy Program, Section 235. During the past twelve months the Department has provided commitments for more than thirty -six thousand Section 235 mortgages, an increase of 138 percent over the previous twelve -month period. This commitment activity only•partly reflects the substantial support Section 235 has provided to the homebuilding industry in recent months, since many builders and developers have received reservations of • Section 235 contract authority for units presently in the development process. Because the demand for Section 235 financing has been so • great, the Department does not have sufficient contract authority to reactivate the program with respect to new contract commitments. We • will, of course, honor all outstanding preliminary reservations and convertible commitments. • Please be-assured that we are aware of the need felt by those who require assistance to purchase a home and that we have taken.this • action only because the limited amount of contract authority.available made it'necessary to do so. We appreciate your interest in HUD's Section 235 program. -• Sincerely, Moon Landrieu MEMO TO: Members of the Shakopee Housing and Redevelopment Authority FROM: Jeanne Andre, Executive Director RE: Authorization of Payment of the Bills DATE: November 26, 1980 I recommend the HRA authorize the following bills for payment: Von Klug and Associates, $67.79, for professional relocation services for the elderly highrise. JA /jms SHAKOPEE SAND & GRAVEL CO. 3 02. ' 8301 77TH AVENUE NORTH • BROOKLYN PARK, MN 55445 November 13, 1.980 Shakopee Planning Commission City Hall 129 E. 1st Avenue Shakopee, Minnesota 55379 Dear Sirs: Shakopee Sand and Gravel Co. hereby petitions the city of Shakopee to extend the V.I.P. sewer through the lands owned by Shakopee Sand and Gravel Co. to County Road 79 which is the Jackson Town line. Sincerely, SHAKOPEE SAND AND GRAVEL CO. •'4 Q 4 Harold 0. Roberts President HR /gt • f flETROPOLITAII S • WA /TE COf1TROL COmmllliOfl Twin Cities Area kr CD November 21, 1980 NOV 2 4 1980 The Honorable Walter Harbeck /\ \\s„.. Mayor of Shakopee 129 E. First Avenue CITY OF AK®pEE Shakopee, MN 55379 Dear Sir: ' The Metropolitan Waste Control Commission is desirous of improving and expanding its communications with the over 100 local units of government it serves in the seven county metropolitan area. When the Metropolitan Sewer Act was enacted by the legislature over a decade ago, it provided for the establishment of Sewer Service Area Advisory Boards (SSAAB)'for the purposes of reviewing, commenting and advising the Commission on its various activities. The Commission would like to re- activate these service area advisory . boards, therefore we would like to suggest that you and your council apoint a member of the council or an employee to serve on this Advisory Board. The responsibilities of the Advisory Board would be to review and comment on such matters as the cost allocation system, +operating budgets, capital improvement programs, air /water quality standards, future wastewater standards and related operating and capital costs, and other such matters that would require review and•conanent. In addition, many of the problems and misunderstandings that occur from time to time may be better handled in this process. We would appreciate it very much if your appointment can be made by January 10, 1981. If you have any questions, please call Mr. Anthony C. Guerre at 222 -8423. This suggested procedures is not intended to be a formal organization with decision making or policy powers, for that would be contrary to the laws of the State which impose upon the Commission these responsibilities. Rather, this is an effort to gain the advice and knowledge of the communities and to share with the communities facts and expertise available to the Commission in as expeditious a way as possible. Your cooperation on this matter will be greatly appreciated and should provide a greater opportunity to serve the people of this region in a more productive and efficient manner. Attached is a schedule identifying co wninities within each service area. Because of the variations in size, each SSAAB may well set up different procedures and meeting schedules; we would hope that there would at least be semi- annual meetings by each. Very truly yours, 350 mETROIOURRE BLDG. SaliSbury A'dan s 7TH & ROBERTITREET/ cha . maim /RIf1T PAUL mn 55101 6121222.8423 �f SA:pd 1 cc. Commissioner representing service area recycled 0 COMMUNITIES IN SEWER SERVICE AREA NO. 4 Chanhassen Chaska • Deephaven • Eden Prairie Excelsior Greenwood Laketown Twp. Tang Lake Maple Plain Minnetonka Minnetonka Beach Nbund Minnetrista Orono Prior Lake St. Bonifacius Savage Shakopee Shorewood Spring Park Tonka Bay Victoria Waconia Wayzata Woodland 5 t► ,rlryt4 r I W PT 5 C BUREAU OF THE CENSUS OST ® r W `` ■ 4 ' ' ; ®In� ' WASHINGTON j! au •, rare T DC 2023 �„ ,. �. tr on 1- 2272S1U32b002 11/21/80 ICS WA23464 MPSA J py (_ � 00506 MLTN VA 11/21/80 G MAYOR MA rz ii SHAKOPEE CITY SHAKOPEE MN 55379 i.!( 2 w { 'e. .'.t...`:d(QPEE DEAR LOCAL OFFICIAL: THE BUREAU OF THE CENSUS THANKS YOU FOR YOUR COOPERATION WITH THE 1980 DECENNIAL CENSUS. THE FIELD OPERATIONS FOR YOUR E) JURISDICTION HAVE BEEN COMPLETED, THE PRELIMINARY POPULATION 0 rt COUNT IS 9928 AND THE PRELIMINARY HOUSING COUNT IS 3321. THESE ARE PRELIMINARY RESULTS 'WHICH WILL BE REPLACED LATER BY FINAL COUNTS., THE FINAL COUNTS TO BE SHOWN IN THE PRINTED REPORTS WILL HAVE UNDERGONE FURTHER PROCESSING AND REVIEW AND MAY DIFFER FROM THESE PRELIMINARY NUMBERS. SINCERELY, VINCENT P. BARABBA DIRECTOR SF BUREAU OF THE CENSUS 0 0 04 :20 EST MGMCOMP MGM 0 0 , TO REPLY BY MAILGRAM, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL - FREE PHONE NUMBERS ‘G MEMO TO: Thomas G. Brownell, Acting City Administrator FROM: Gregg M. Voxland, Finance Director RE: Damage Claim - Maryann Siedow DATE: November 17, 1980 Council has previously considered a damage claim for Maryann Siedow. We have paid for a sewer service to clean out her service line. Tim Keane was at her house to view the damage. He has reported that the mattress, box spring and boots had seen a lot of use. Council had last considered a payment of $130 for damages and Maryann Siedow has not agreed with the amount. She has now submitted a more detailed list of damaged goods for consideration. Full price of everything she has listed adds up to $525.94. If the mattress, box spring and boots are valued at 25 %, the total is $208.69. Maryann Siedow said that $208.69 was not acceptable but that 50% value for an amount of $314.44 would be acceptable to her. GMV /jms fi ECEIV E D NOV 1 1A OF SHAKOPEE Shakopee, Mn. 55379 November 7, 1980 • Office of City Administrator 129 E. 1st Ave. Shakopee, Mn. 55379 Dear Sir: As you requested I have made another list of damaged goods from sewer overflow in my basement. Some things it is hard to put a price on for repair. My son's train set on plywood is one example. His dad made it for him, how do you replace that? Here is a list of some of the other items, not to mention the terrific inconvenience. Men's leather boots, size.101/2 $ 65.00 40# box of laundry detergent 18.95 l lamp broken from bottom of box soaked out 25.00 1 mattress full size 179.00 1 box spring full size. • 179.00 1 desk refinished Gal. $18.99 Zip Strip 5 boxes of toys, dishes and books over the floor the mud and water and one box of hefty bags to carry out .the mess • 4 hours labor @ $10.00 • 40.00 You will have to decide about the mattress and spring, this is what it is costing me to replace it, which I wouldn't have had to do except for this accident. Yours truly, Maryann Siedow 827 S. Holmes Shakopee, Mn. 55379 • MEMO TO: Tom Brownell Acting City Administrator FROM: H. R. Spurrier City Engineer RE: Oversizing Costs Incurred in Furrie's 2nd Addition DATE: November 21, 1980 Pursuant to the request of City Council, staff researched previous Council meetings to determine whether Council had taken any action with regard to payment of oversizing costs in the above - referenced subdivision. Staff was unable to find any action taken by Council to establish the oversizing costs incurred by this developer. Therefore, it is the recommendation of staff that the developer of Furrie's 2nd Addition be compensated as follows for oversizing costs incurred in the development of Furrie's 2nd Addition. 1. Adjustment of an existing sanitary sewer , manhole at the intersection of Shawmut Street and 3rd Avenue $ 785.50 2. Storm sewer at the north end of the property c9nstructed for and accommodating the developed off -site runoff; pursuant to City policy, the developer would pay half of this facility. Therefore, one -half of $3350.00 or $1675.00 3. City staff had discussed paying the developers for the construction of 3rd Avenue across Shawmut Street and across part of Block 34, East Shakopee. The cost of that construction is as follows: a. Sub -grade preparation,68 linear feet $ 96.40 b. Class V Aggregate Base, 90.79 ton @ $7.40 671.84 c. 2331 binder course, 30.81 tons @ $19.75 608.42 d. 2341 wear course, 30.81 tons @ $24.60 757.83 e. Cleaning intact, 68 linear feet 64.82 f. Patching 289.69 g. Black dirt 112.45 Tom Brownell November 21, 1980 Furrie's 2nd Addition - Oversizing Costs Page -2- h. Curb and gutter, 136 linear feet @ $5.00 680.00 TOTAL $3281.45 TOTAL ITEMS 1 -3 $5741.45 It is further recommended that this amount be paid as soon as the grubble and debris is removed from Lotsl, 2 and 3, Block 1 and as soon as the drainage improvements required for Furrie's 1st Addition are constructed. Should you have any questions, let me know. HRS / j iw • f C 4— CITY OF rnn1c� ee LID rrove 9401 FERNBROOK LANE / MAPLE GROVE, MINNESOTA 55369 / PHONE 425 -4521 MAYOR Richard H. Reimer COUNCILMEMBER James Deane COUNCILMEMBER Robert Puncochar COUNCILMEMBER Donna Ryon COUNCILMEMBER Donald Weidt CITY ADMINISTRATOR. Douglas S. Reeder November 20 , 1980 ( I " , . , ' ,. %.•.i d Mr. Thomas Brownell City Administrator City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 RE: Furrie 2nd Addition Dear Tom: This letter is to set forth my understanding of the storm sewer agreement concerning city participation in the cost. When the plat was designed, the City Engineer and I met on several occasions with Al Furrie and his engineer and discussed the design of the storm sewer, among other things. Mr. Furrie was asked to design a storm sewer system which would not only take care of the runoff generated by his flat, but also to handle the runoff from the small area to the south and west which needed some storm sewer facilities. The system which is now built, does handle all the runoff for both the plat and the other area. The engineer who designed the plat and the City Engineer have agreed on how much of the cost of the storm sewer system was due to oversizing the system to handle water from outside of the plat. There is, as far as I know an agreement on the City's share. It is my recollection that at some point in the process of plat approval for this plat, that the City participation in the storm sewer was mentioned to the City Council. We have researched the minutes and asked Mr. Furrie for his recollection and we have not been able to determine the time and place of such a presentation. If no one on the City Council recalls this problem, then it is possible that all of the conversation took place at a staff level. • (Cont.) Mr. Thomas Brownell, City Administrator November 20, 1980 Page Two. ° At any rate, there is no question in my mind that there was an agreement between myself (representing the City of Shakopee) and Mr. Furrie for the City to pay the oversizing costs of storm sewer in the plat because these costs were over and above the normal storm sewer system required for this plat. Mr. Furrie relied on this agreement and I feel that the City Council should back up this agreement. The agreement is reasonable and logical. The City could have, of course, gone another route. That would be to install the storm sewer on a public project and assess all benefitted property. Staff did not recommend this route because of the relatively small portion of benefitted property outside of the plat and because of the small total project cost. If we had made this a full public project with the required public hearings and increased project costs, it would have been a waste of City time and effort and a waste of Mr. Furrie's and the other benefitted property owner's money. In addition, it may have never been built because of strong neighborhood opposition since the benefit is not overwhelming and the problem being solved is not a crisis. In any event, at this time, the option of assessing is no longer available since the project is already built. The options open to the City Council are to tell Mr. Furrie that they do not wish to participate, or to participate as recommended by Staff. It is possible that either option would have some legal merit. It is still my recommendation that City staff should recommend to the City Council that the agreement reached should be followed through. I hope his letter sheds some light on the matter. Sincerely, elet I Douglas S. Reeder City Administrator DSR:brc MEMO TO: Mayor and City Council FROM: H. R. Spurrier City Engineer RE: Certification of Completion for Minnesota Street Project DATE: November 28, 1980 Attached claim against the above - referenced project has not yet been settled, therefore, it is recommended a payment in the amount of $6,643.44 be made to Erickson Construction, Inc. That the amount of $2,586.00 be retained until such time the contractor can supply to the City claim waivers from Mr. Kevin E. Derhaag for alledged damages due to construction of the above - referenced project. HRS/ j iw Attachment • �,,• .Jty CITY OF SHAKOPEE , mtqw INCORPO RATE D 1 ®7O IIMESSEMMUMEIMPIIZEIMIC=IntiragagettS2MataltaWaggitS391 ;;)4. ee, Minnesota 55379 (612). 445 -3650 `. 129 E. First Ave., Shakopee, ;:'• s t r CERTIFICATE OF COMPLETION CONTRACT NO. DATE October 9, 1980 DESCRIPTION: Minnesota Street Project CONTRACTOR Erickson Construction, Tno_ ADDRESS 13616 Pleasant Lane, Burnsville, MN 557 The work on the Contract specified above has been completed and accepted by the City. ORIGINAL CONTRACT AMOUNT - $ 172,945.0'3 AMOUNT OF CHANGE ORDER NO. THRU NO. $_ -0- TOTAL CONTRACT COMPLETE IN PLACE $ 182,643.24 ' LESS PREVIO1 S PAYMENTS $ 173, 413.80 4h1U FINAL PAYMENT $ $2,586 Retained until waiver receive( APPROVED: •REVIEWED BY SHAKOPEE y PUBLIC UTILITIES COMMISSION 4(\ ( -X,H5? 'J City E. gineer, Mager 0 Fr Dat e Date • i - . ,fr 1, � i � , 1. , � � ! , PROPOSAL SCHEDULE • ' ' PROJECT NAME -i Minnesota Street OWNER TYPE OF WORI< PROJ. NO. SHEET OF ITEM CONTRACT ITEM UNIT UNIT _ CONTRACT NO. SANITARY SEWER PRICE QUANTITY AMOUNT ^ 1., 8" DIP San. Sewer 0 -8 L.F.' $ 20.09 20 $ 401.80 0 1 0.00 2 , 8" DIP San. Sewer 8 -10 L.F. 21.09 590 12,443.10 1 172 9,954.48 •3. 8" DIP San. Sewer 10 -12 L.F. 22.09 100 2,209.00 2 3 8 5,257.42 4. 4' diameter'M.H. Ea. 800.00 2 1,600.00 2 1,600.00 5. Extra Depth in M.H. L.F. 58.60 5 293.00 4.2 246.12 • .6•. 8" x 4' Wyes .. •• Ea, • 176.00 2 4,22.4.00 22 3,872.00 7. 4" C.I. Service Pipe L.F. 10.00 159 15,940.00 1369 13,690.00 8. Rock Excavation • C.Y. 18.00 1984 35,712.00 2695 48,510.00 9. Bedding Material C.Y. 3.50 76 266.00 661 2,313.50 WATERMAIN 1. 6" DIP L.F. 15.20 68 $ 1,033.60 58 881.60 2. 8" DIP L.F. 17.10 1384 23,649.30 1747 29,873.70 3. 8" x 6" Tee • Ea. 173.00 3 519.00 3 519.00 4. 8" x 8" Tee Ea. 621.00 3 1 863.00 3 1,863.00 5. 6" GV and Box Ea. 272.50 6 1,635.00 7 1,907.50 6. 8" GV and Box Ea. 380.00 4 1,520.00 7 2,660.00 7. 8" x 6" Reducer Ea. 83.00 5 415.00 5 415.00 8. 8" Plug Ea. 65.00 1 65.00 1 65.00 9. Hydrants Ea. 866.00 2 1.732.00 2 1,732.00 10, Relocate Hydrant, G.V. & 6" leadsEa. 1000.00 1 1,000.00 1 1,000.00. 11. 3/4 Corporation Ea. 25.00 24 600.00 22 550.00 12. 3/4" Curb stop and box Ea. 54.00 24 1,296.00 22 1,188.00 13. 3/4" Copper Service Pipe L.F. 7.70 1514 11,657.80 1363 10 495.10 14. 15" Steel Casing Pipe L.F. 19.00 72 1,368.00 72 1,368.00 STREET & DRAINAGE . 1. Clear & Grub / Ea. 100.00 4 400.00 3 ' 300.00 2. Aggregate Base C1 -5 (Crushed 1 Limestone) . Ton 7.00 970 6,790.00 829 .. 5,803.00 3. 2341 Wear. Course Ton 26.94 347 9,348.18 396 10,668.24 4: Curb and Gutter (B -618) L.F. 5.25 1471 7,722.75 1445 7,586 25 5. 4" Sidewalk S.F. 1.44 2440 3,513.60 2768 .3 ,985.92 6. 6" Sidewalk S.F. 2.93 640 1,875.20 2032 5,953.76 7. Bituminous Pavement (Restoration)S.Y. 12.45 500 6, 225.00 417 5,191.65 8. Curb Removal L.F. 2.00 80 160.00 80 160.00 9. Catch Basin Ea. 588.00 '2 1,176.00 2 1,176.00 10. 12" RCP C1 -IV L.F. 16.50 35 577.50 35 577.50 11. 15" RCP C1 -IV L.F. 17.50 55 962.5o 55 962.50 12. Remove Existing Catch Basins & Leads L.S. 500.00 1 500.00 1 . 500%00 ADDITIONAL ITEMS 1, Borrow sold to contractor (deduct) C.Y. 1.50 500 - 750/ 2. Rock Blasted (not excavated) C.Y. 13.50 . 42 6 /, SUBTOTAL • lit/ BORROW • Borrow C.Y. 1.50 6000 9,000.00 6000 Bldg. Demolition & Site Grading .L.S. 12,000.00 1 12,000.00 Bldg. Demolition. & Rough Site Grading L.S. 11,500.00 1 11,500.00 • TOTAL 192,193,33 Mfu .�� z rc.r a G :, I 1 ti .. t:7 iY G:i C. '1,0 T +l i OCT 2 9 ' `'•<U 42/ JV CITY OF SHAKOPEE Insurance October 27, 1980 City of Shakopee City Engineer 129 East First Avenue Shakopee, Minnesota -55379 OUR CLAIM NO. 8783847 OUR INSURED: Kevin E. Derhaag) 41•."\.vE DATE OF LOSS: June 1, 1980 W41-5..24Z0 N44S-a;l9 On the above captioned date, construction work being performed on behalf of the City of Shakopee in the neighborhood of our insured's property resulted in severe damage to the foundations and exterior stucco walls of his home. We believe this damage to have been caused by the movement of construction machinej'y or the use of explosives or both in combination. We have • made payment to our insured for repairs to his dwelling in the amount of $2,486.00. This amount does not include our insured's $100.00 deductible. By merit of the insurance contract, we are now entitled to recover that payment from the negligent party. We are anticipating your immediate payment of this claim. I thank you in advance for your co- operation. Sincerely yours, to 't'�� r i James . Fritsch -Field Claims Representative F:kg27 -27 -27 3600 Kennebec Dr. / Suite 48 / Eagen, MN 55112 Mutual Service Life Insurance Company /Mutual Service Casualty Insurance Company /Modern Service Insurance Company • 7 MEMO TO: Thomas G. Brownell, Acting City Administrator FROM: Jeanne Andre, Administrative Assistant RE: Resolution 1748, A Resolution Declaring Cost To Be Assessed And Setting A Hearing Date DATE: November 24, 1980 The above - listed resolution is on the Council agenda for the December 2, 1980, meeting. This assessment is the third part of a public improvement project in the vicinity of Fourth and Minnesota Street. The other parts included assessment District 79 -2 and the Minnesota Street Community Development Block Grant Project. When the block grant project was originally designed, it was determined that besides the street, water and sewer for the portion of Minnesota Street between Fourth Avenue and the railroad tracks, the water system should be improved by looping the watermain from Minnesota Street to Dakota Street and from the railroad track to Seventh Avenue. The loop between Minnesota and Dakota Streets was included in assessment district 79 -2. This assessment includes the portion of the watermain from the railroad to Seventh Avenue. The City Engineer originally negotiated as easement to construct this watermain, on property owned by Mr. Edward Siebenaler, which called for no assessment to Mr. Siebenaler. The City Council subsequently determined that as Mr. Siebenaler does benefit from the construction of this watermain, he should be assessed. The City Administrator then negotiated the attached easement which allowed Mr. Siebenaler to be assessed up to $5,750.00. The City Council approved this easement at its May 6, 1980, meeting. The City Engineer has broken down the costs of the total project and determined that the improvements on Mr. Siebenaler's property cost at least $5,750.00. The assessments for district 79 -2 have been set and the costs to be borne by the block grant have been determined. Therefore the Council must now adopt the assessment for Mr. Siebenaler to complete funding for this project. JA /jms • MEMO TO: Thomas Brownell __ Acting City Administrator FROM: H. R. Spurrier City Engineer RE: Ed Siebenaler Watermain DATE: November 28, 1980 • As a part of the Minnesota Street Project, watermain was constructed across a parcel of land owned by Ed Siebenaler. As a part of the easement agreement, Mr. Siebenaler agreed to pay $5,750.00 for the watermain across his parcel. A minimum 356 linear feet of watermain was judged to benefit Mr. Siebenaler's parcel. The cost of 356 linear feet of watermain was computed to be $6,006.44, based on the contract amount. The agreement provides that Mr. Siebenaler pay a maximum of $5,750.00. Therefore, the difference of $256.44 will be paid by the project. HRS/ j iw cc: Jeanne Andre RESOLUTION NO. 1748 A RESOLUTION DECLARING COST TO BE ASSESSED AND SETTING A PUBLIC HEARING ON THE PROPOSED ASSESSMENT WHEREAS, a contract has been let and an improvement has been made for a watermain between Minnesota Street and Dakota Street and South of Fourth Avenue (79 -2), and WHEREAS, it was determined that the watermain should be looped from Minnesota Street to Dakota Street and from the rail- road tracks south to Seventh Avenue, and WHEREAS, Ed Siebenaler provided the City with an easement, in order that this looped watermain might be constructed upon property owned by him, and WHEREAS, ,said easement provides that Mr. Siebenaler would pay an amount not to exceed Five Thousand Seven Hundred Fifty Dollars and No Cents ($5,750.00) for special benefit by the water- main to his property which is described in Exhibit "A ", hereto attached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that: 1) The cost of the improvement to be specially assessed to Mr. Siebenaler is hereby declared to be $5,750.00. 2) That a hearing shall be held on the 6th day of January, 1981, in the Council Chambers of City Hall at 8:15 o'clock P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement and proposed assessment will be given an opportunity to be heard with reference to such assessment. 3) That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvement:.. He shall also cause mailed notice of such hearing to be given the owner of each parcel to be assessed not less than two weeks prior to the hearing. Resolution No. 1748 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of December, ° 1980. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of _ , 1980. City Attorney 79 -2 Siebenaler Easement Filed with County Recorder Original in City Clerk's records EilEMEHT j � /' A THIS EASEMENT made this 7t, la dory of Mrry, 19130, by Ed and r LocloL L Siebenaler, Party of the First Part, to the CITY OF SHAKOPEE, a municipal corporation in Scott County, State of. Minnesota, Party of the Second Part. In consideration of One Dollar and No Cents ($1.00) and other valuable considerations in hand paid by the Party of the Second Part, the receipt and sufficiency of which the Party of the First Part does hereby acknowledge, the Party of the First Part hereby grants, conveys and sells to the Party of the Second Party, its successors and assigns, t ;llc`. Casement de,` ;cl'.i ?ed LH Exhibit; "A" hereto attached and made a part hereof, over and across the land described in said Exhibit "A" together vw i.th the right to install, rn..r.i.nta i.n, repair, use, enlarge, modify and service said installation for the a purposes herein described. IT IS FURTIIER MUTUALLY AGREED BY AND BETWEEN the parties hereto that the Party of.the First Part does hereby waive .right to notice of assessment and .,f agrees to be assessed an amount not to exceed Five Thousand ' Se,ven Iu,ndred Fifty Dollars and No Cents ($5,750.00 for special benefit by watermain to the property described in Exhibit "A ". The Party of the Second Part shall blast a trench for sanitary sewer along with the construction of the wa.i ;ermain to the intersection of Sixth Avenue extended at the center line of the easement; described in Exhibit "A" The Party of the First; Par:'t ;, its successors and assigns, have all the night:; of usage for parking, fencing and planting of trees in the area described in Exhibit "A ", but that no trees w:i].l be planted directly over the utilities installed in said easement and if any damage i done to the property described in said easement or abutting during the maintenance or installation of these facilities, the Party of the Second Part will be responsible for making repairs to the damaged property, including the replacement of parking lot and its appurtenances and that there shall be no limitation on the weight of the vehicles parked within the easement • Easement . . Page -2- tiLY: . itv q. • and it is further mutually agreed that this easement will he used to measure the required setbaek distances In all buildings proposed for the abutting sites, provided that this easement lies outside the right-of-way of any street. IN TESTIMONY WHEREOF the Party of the First Part has hereunto - .,set . -:.hi's'hands'the':daY'and year first above written. . . . •-, - .. .• .. .. . ' $ , 1 • .H PARTY 0F THE FIRST PART ( ' .1- I I --\ ) ( ) ,..... '. /,-(...-...,)--- _ - --7 . . . . • .,:.; 4 -7 / 1 , State of Minnesota) ,) ss County of Scot t; .,.. ) , -.%4 The foreg9ing inStrument was acknowledged before me this c) day of \\X-N , 1980, by Ed Siebenaler. / \ ' .. • LIfincioreiraefsts.. L*1.1str . . / t I -4 --■ 1\ t„ - :_. -I \ ! ___________- ( f: ,nnlap,o, • A.A. VO.P.VaiV: . : : *INN CXIWrtr POA,;;;ir. 1 V.a . ..1);.!5:Pl ' liZrollt frthrgOlf T15ht k r Por `.1atc. iaig t, ltifs-Y,,z tfei WI aio; '041 00,*61k Acknowle. { r, ement iv.•$.7. = • . .= • • . PARTY OP THE SECOND PART • • . .:., : H''..f:• 6 . :.. Mayor of the City of Shakopee . . . ATTEST: , . .._..i-y-z ... - ,... • City Clerk- Approveas to form this 43 day ofc,4‹..„ , 1980. - a -----, ( $ .--,,k .4.C.r......r,_4,) A • P .3 CitY Attorney) 0. - .... - . _ ... . . ,-..,..— . Alb AP MEMO TO: Mayor and City Council FROM: H. R. Spurrier City Engineer RE: County Road 16 Utilities East of County Road 17 in Section 6 (80 -4) DATE: November 28, 1980 Attached please find Resolution No. 1749, amending Resolution No. 1699. The final plans required the additional easement from Joseph Topic; that easement was not included in the original condemnation action. RECOMMENDATION: Adopt Resolution No. 1749, amending Resolution No. 1699. HRS /jiw Attachment • f g � RESOLUTION NO. 1749 A Resolution Authorizing Condemnation Proceedings For County Road 16 Utilities (80 -4) And Repealing Resolution No. 1699 WHEREAS, it is necessary to provide sanitary sewer service and watermain extension in the area adjacent to the property described in Exhibits "A" and "B ", hereto attached, and it is also necessary for the construction of said sanitary sewer service and watermain extensions to the existing and future expanding installations in said area; and WHEREAS, the City Council of the City of Shakopee has determined that it would be to the best interests of the general public as well as the area involved to construct said sanitary sewer and watermain extensions and for that purpose to secure the necessary easements therefor; and • WHEREA, the City has been unable through negotiations to acquire the necessary permanent and temporary easements to construct the said sanitary sewer and watermain extensions. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that: 1) The obtaining of the permanent and temporary easements as aforesaid is for a public purpose and within the powers of the City of Shakopee and that condemnation proceedings is both appropriate, expedient and necessary. 2) That the proper City officials forthwith institute eminent domain proceedings by the City of Shakopee for the purpose of acquiring permanent and temporary easements as set forth in Exhibits "A" and "B" over the property set forth in Exhibits "A" and "B ", which are hereto (attached. and made a part thereof. 3) The said condemnation proceedings are authorized by Minnesota Statutes Annotated Chapter 117 and the said proceedings should be instituted and concluded at the earliest possible time and the proper City officials are hereby authorized, instructed and directed to do all things necessary and proper to carry out the terms and intentions of this resolution. Resolution No. 1749 Page -2- BE IT FURTHER RESOLVED that Resolution No. 1699 is hereby repealed in its entirety. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1980. Mayor of the City of Shakopee ATTEST: City Clerk f Approved as to form this day of , 1980. City Attorney. • EXHIBIT "A'r PO PROPOSED EASEMENT DESCRIPTION FOR CHARLES COLEMAN A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES, 20.00 FEET IN WIDTH OVER, UNDER AND ACROSS PART OF THE FOLLOWING DESCRIBED PROPERTY: ALL THAT PART OF THE EAST THREE - FOURTHS OF THE SOUTH ONE -HALF OF THE SOUTHEAST QUARTER (E3/4 OF S 1/2 OF SE1 /4) OF SECTION SIX (6),TOWNSHIP ONE HUNDRED FIFTEEN (115), RANGE TWENTY -TWO (22), SCOTT COUNTY, MINNESOTA, LYING NORTHERLY OF THE PUBLIC • ..ROAD PASSI :NG THROUGH SAID SOUTH ONE-HALF OF THE SOUTHEAST QUARTER (S1/4 OF SE1 /4) OF SECTION SIX (6), ALSO DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST (NE) CORNER OF THE SOUTH ONE-HALF OF THE SOUTHEAST QUARTER (S1 /2 OF SE1 /4) OF SECTION SIX (6), TOWNSHIP ONE HUNDRED FIFTEEN (115), RANCE TWENTY -TWO (22) THENCE RUNNING WEST ON THE NORTH LINE OF SAID SOUTH ONE -HALF OF THE SOUTHEAST QUARTER (S1/2 OF SE 1/4) ONE HUNDRED TWENTY (120) RODS, THENCE TURNING AT RIGHT ANGLES AND RUNNING SOUTH.-TO :THE NORTHERLY LINE OF THE SHAKOPEE AND CREDIT RIVER ROAD AS NOW LOCATED AND RUNNING THROUGH SAID LAND; THENCE RUNNING EASTERLY ON THE NORTHERLY LINE OF SAID ROAD TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE1. /4 of SE1 /4) OF SECTION SIX (6); THENCE RUNNING NORTH ON SAID EAST LINE ABOUT SEVENTY -ONE (71) RODS TO THE PLACE OF BEGINNING. THE SOUTHWEST. SIDE LINE OF SAID EASEMENT•BEING10.00 FEET NORTHEAST OF, AS MEASURED PERPENDICULAR, TO AND PARALLEL WITH LINE A DESCRIBED . BELOW. THE NORTHEAST SIDELINE OF SAID EASEMENT BEING 30.00 FEET NORTHEAST OF, AS MEASURED PERPENDICULAR TO, AND PARALLEL WITH SAID LINE A. LINE A: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE SOUTH- EAST QUARTER OF SAID SECTION 6 WITH THE NORTHEAST LINE OF CQUNTY ROAD NUMBER 16; THENCE NORTHWEST ALONG SAID NORTHEAST LINE TO A POINT 400 FEET SOUTHEAST OF THE INTER - SEC ±ION OF SAID NORTHEAST LINE WITH THE EAST LINE OF COUNTY ROAD NUMBER 17 AS MEASURED ALONG SAID NORTHEAST LINE; THENCE NORTHWEST TO A POINT 18.00 FEET NORTH OF THE INTERSECTION OF SAID NORTHEAST LINE WITH SAID EAST LINE OF COUNTY ROAD NUMBER 17 AS MEASURED ALONG SAID EAST LINE AND THERE TERMINATING. SAID TEMPORARY EASEMENT SHALL EXPIRE • • S80076 r-6 August 20, 1980 EXHIBIT " B" PROPOSED EASEMENT DESCRIPTION FOR JOSEPH TOPIC A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES, 20.00 FEET IN • WIDTH OVER, UNDER AND ACROSS PART OF THE FOLLOWING DESCRIBED PROPERTY: THE WEST THREE — FOURTHS OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 115 NORTH, RANGE 22 WEST, SCOTT COUNTY, MINNESOTA, LYING NORTH OF SPRING LAKE ROAD (C.S.A.H. NO. 17) EXCEPTING THE WEST 200 FEET THEREOF, THE NORTHERLY 300 FEET THEREOF AND THE EAST 321 FEET OF THE NORTHERLY 333 FEET THEREOF, ALL ACCORDTNG TO GOVERNMENT SURVEY THEREOF. THE SOUTHWEST SIDELINE OF SAID EASEMENT BEING1O.00 FEET NORTHEAST OF, AS MEASURED PERPENDICULAR, TO AND PARALLEL WITH LINE A DESCRIBED BELOW. THE NORTHEAST SIDELINE OF SAID EASEMENT BEING 30 - FEET NORTHEAST OF, AS MEASURED PERPENDICULAR TO, AND PARALLEL WITH • SAID LINE A. LINE A: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE SOUTH— EAST QUARTER OF SAID SECTION 6 WITH THE NORTHEAST LINE OF SAID COUNTY ROAD NUMBER 16; THENCE NORTHWEST ALONG SAID NORTHEAST LINE TO A POINT 400 FEET SOUTHEAST OF THE INTERSECTION OF SAID NORTHEAST LINE WITH THE EAST LINE OF COUNTY RAOD NUMBER 17 AS MEASURED ALONG SAID NORTHEAST LINE; THENCE NORTHWEST TO A POINT 18.00 FEET NORTH OF THE INTERSECTION OF SAID NORTHEAST LINE WITH SAID EAST LINE OF COUNTY ROAD NUMBER 17 AS MEASURED ALONG SAID EAST LINE AND THERE TERMINATING. • f SAID TEMPORARY EASEMENT SHALL EXPIRE S80076 MEMO TO: Mayor and City Council FROM: H. R. Spurrier City Engineer RE: Resolution No. 1750 Accepting Bids CR16 /CR 83 Watermain Project (80 -10KT) • DATE: November 28, 1980 Attached find tabulation of the bids for the so- called Kmart Watermain. The bid prices were extremely competitive and reflect the competition for work that now exists in the construction industry. The Engineering Department is familiar with Brown and Cris, Inc. The firm has the qualifications to complete the project. No irregularities were found in the bid. RECOMMENDED ACTION: Adoption of Resolution No. 1750, awarding the contract to Brown and Cris, Inc. holding the bid of the second low bidder Orfei and Sons, Inc., and directing City staff to return the bid bonds submitted by the remaining contractors. HRS /jiw Attachments RESOLUTION NO. 1750 A Resolution Accepting Bids For The Installation Of A Watermain Along County Road 16 And County Road 83 Within The Kmart Tax Increment Project (80 -10KT) .WHEREAS, The Shakopee Housing and Redevelopment Authority has entered into an agreement relative to Valley Industrial Park Redevelopment Project No. 1; and WHEREAS, that agreement provides that the City construct specific off -site improvements including a trunk watermain; and WHEREAS, Pursuant to an advertisement for bids of the County Road 16 /County Road 83 Trunk Watermain, bids were received, opened and tabulated according to law, and the following bids were received complying with the Advertisement; and Brown & Cris, Inc. $263,889.30 Orfei & Sons, Inc. 279,193.90 Austin P. Keller Const. 282,148.50 El Construction 290,112.65 , Barbarossa & Sons 294,828.50 Richard Knutson,Inc. 307,857.60 Northdale Const. Co. 313,574.20 North Central Underground 315,458.50 Widmer Brothers, Inc. 317,467.00 Robert Moore Co. 317,873.00 Hennen Const. Co. 320,005.00 Parrott Construction 328,169.81 A.R.I. Contracting 330,724.50 WHEREAS, it appears that Brown & Cris, Inc., East Frontage Road, 19740 Kenrich Avenue, Lakeville, MN 55044, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Brown & Cris, Inc. of East Frontage Road, 19740 Kenrich Avenue, Lakeville, MN 55044, in the name of the City of Shakopee for the improvements described above according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. • . Resolution NO. 1750 Page Two • . 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next - bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this 2nd day of December, 1980. Mayor of the City of Shakopee ATTEST: • ■ City Clerk Approved as to form this day of ' I , 1980. • City Attorney • • • • • . BID TABULATION IT "'' Brown & Cris, Inc. Orfei & Sons, Inc. ITEM NO. DIVISION 1 - UTILITIES :ATER•' CE T PR T (4• r. II�i � UNIT �U!tii�� _�'; UNIT PRICE TOTAL UNIT PRICE TOTAL 1. 6" D.I.P. Hydrant Leads, Cl. 52 L.F. 86 $ 14.80 1,272.80 $ 13.42 1,154.12 2. 12" D.I.P., Cl. 52 L.F. `665 18.50 12,302.50 20.80 13,832.00 3: - 16" D.I:P., C1. 52 - L.F. 995 23.40 23,283.00 26.04 25,909.80 4. 18" D.I.P., Cl. 52 L.F. 3,820 26.60 101,612.00 28.65 109,443.00 5. - Rock Excavation C.Y. 3,429 11.00 37,719.00 10 9•- 31,203.90 6. 6" Blowoff Assembly Ea. 3 2,420.00 7,260.00 3,386.90 10,160.70 7. - Air and Vacuum Valve Assembly Ea. 1 1,400.00 1,400.00 2,432.01 2,432.01 8. 12" Gate Valve Ea. 3 620.00 1,860.0o 679.00 2,037.0o 9. - 16" Butterfly Valve and Vault Fa. 4 3,450.00 13,800.00 4,499.88 17,999.52 10. 18" Butterfly Valve and Vault Ea. 5 4,000.00 20,000.00 5,085.14 25,425.70 11. Hydrant and Valve Assembly Ea. 8 1,030.00 8,240.00 986.84 7,894.72 12. Fittings Lbs. 12,705 1.20 15,246.00 1.06 13,467.30 13. 1" Coriorati'on Ea 25.00 25.00 26.52 26.52 14. 1" Curb Stop and Box, Ea 1 50.00 59.33 93.30 15. 1" Copper Service L.F. 10 15.00 150.00 9.33 93.30 16. Jacked Crossing Under C.P. 83 for 16" D.I.P. L. 4 133.00 5,852.00 120.44 5,299.36 TOTAL DIVISION 1 - UTILITIES $250,072.30 $266,437.14 DIVISION 2 - RESTORATION 1. 2" MnDOT 2341 Bituminous Wear Tons 57.76 51.00 663.00 75o.88 2. 2" ?4nDOT 23 Bituminous Binder Tons 13 51.00 663.00 ' 57.7 750.88 3. 6" Class 5, 100% Crushed Tons 35 10.00 350.00 10.64 372.40 Seed and Mulch and Mulch Mul , , : /4 Black Dirt S.Y. , 8 ' 70 .25 2,092.50 .4 o 3,348.00 5. - and Seed S.Y. „ 2,680 .93 4,138.50 .58 2,581.00 t: 6. Sod /4 Black Dirt S.Y. 2,680 2.00 5,360.00 1.63 4,368.40 7. Driveway Rock Tons -55 10.00 • 550.00 10.64 585.20 TOTAL DIVISION 2 - = ESTORATIOIi 13,817.00 $ 12,756.76 --- - , - Division 1 $250,072.30 $266,437.14 Division 2 - 13,817.00 - • - 12,756.76 ..Total Contract $263,889.30 $279,193.90 BID TABULATION (Page 2) . ITEM Austin P. Yeller Const. Erickson Construction ITEM NO. DIVISION 1 UTILITIES (WATEP.AIN) UNIT QUf :TITY UNIT ?RICE TOTAL UNIT PRICE TOTAL 1. 6" D.I.P. Hydrant Leads, Cl. 52 L.F. 86 $ 15:00 $ 1,290.00 $ 12.40 $ 1,966.40 2. 12" D.I.P., Cl. 52 L.F. 665 20.00 13,300.00_ 19.30. 12,834.50 3. 16" D.I.P., Cl. 52 L.F. _ 995 24.00 23,880.00 24.45 24,327.75 4. 18" D.T.P., Cl. 52 L.P. 3,820 28.00 106,960.00 27.15 103,713.00 5. Rock Excavation C.Y. 3,429 10.00 34 290.00 18.50 63,436.50 6. 6" Blowoff Assembly Ea. and Vacuum Valve A _ _ 2,200.00 2,200.00 2,415.00 2,415.00 3,000.00 9,000:00 2,795.00 8,385.00 7. Air an V Assembly Ea. 1 8. 12" Gate Valve -� Ea. e 9. 16" Butterfly Valve and Vault Ea Z 800.00 2,400.00 647.00 1,941.00 4,400.00 17,600.00 3,822.00 15,288.00 10. 18" Butterfly Valve and Vault Ea. 5 4,900.00 24,500.00 4,805.00 24,025.00 11. Hydrant and Valve Assembly Ea. 8 1,100.00 8,800.00 991.0o 7928.0o L 12. Fittings ' 13. 1" cos. 12,705 1.40 17,787.00 1.00 12,705.00 Corporation Ea 20.00 20.00 21.00 21.00 14. 1" Curb Stop and Bo:: Ea = 50.00 50.00 40.0o 40.00 15. 1" Copper Service L.F. == _ 15.00 150.00 6.40 64.00 16. Jacked Crossing Under C.R. 33 for 16" D.I.P. L.F. 414 120.00 5,280.00 95.00 4,180.00 TOTAL DIVISION l - UTILITIES TIES $267,507.00 5282,370.15 TIO•.: DiVISIO3: 2 - RESTORATION 1. 2" MnDOT 2341 Bituminous Wear Tons , - ors 8 4.00 1,092.00 45.00 585.00 2 - . 2"-MnDOT 2341 Bituminous Binder Tons 13 84.00 1,092.0o 45.00 585.00 3. 6" Class 5, 100% Crushed Tons 35 _ _ 4. .Seed and Mulch S Y 8,370 21.00 735.00 7.00 245.00 5. : -Seed and Mulch w =/4" Black Dirt S.Y. - 4, . 2,092.50 .15 1,255.50 •, , . �., . 70 3 ,115.00 .18 801.000 6. Sod c. /4" Black Dirt S.Y. 2,680 7. - -= Driveway Rock 2.00 5,360.00 1.45 3,886.00 - Tons 55 21.00 1,155.00 7.00 385.00 TOTAL DIVISION 2 - RESTORATION $ 14,041.50 $ 7,742.50 - Division 1 - -- $267,507.00 $282,370.15 . _- ------ Division 2 : - 14,641.50 7,742.50 - - ` T Total Contract $282,148.50 $290,112.65 • • BID TABULATION (Page 3) ITEM Barbarossa & Sons Richard Knutson, Inc. ITEM NO. DIVISION 1 - UTILITIES (WATEPMA.IN) UNIT ' QTJA kT1TY _UNIT PRICE TOTAL UNIT PRICE TOTAL 1. 6" D.I.P. Hydrant Leads, Cl. 52 L.F. 'ti.. 86 $ 16.00 $ 1,376.00 $ 11.00 $ 946.00 2. 12" D.I.P., Cl. 52 L.F. _ ~ 665 21 13,965.00 19.50. 12 967.50 3. 16" D.I.P., C1.52 L.F. 995 26.00 25,870.00 24.34 24,218.30 4. 18" D.I.P., Cl. 52 L.F. 3,820 28.00 106,960.00 26.17 99,969.40 5. Rock Excavation C.Y. 3,429 17.00 58,293.00 19.50 66,865.50 6. 6" Blowoff Assembly Ea. 3 2,700.00 8,100.00 3,550.00 10,650.00 7. Air and Vacuum Valve Assembly Ea. 1 2,500.00 2,500.00 2,150.00 2,150.00 8. 12" Gate Valve Ea. 3 650.00 1,950.00 710.00 2,130.00 9. 16" Butterfly Valve and Vault Ea. 4 3,500.00 14,000.00 4,800.00 19,200.00 10. 18" Butterfly Valve and Vault Ea. 5 4,000.00 20,000.00 5,200.00 26,000.00 . 11. Hydrant and Valve Assembly Ea. 8 1,100.00 8,800.00 1,020.00 8,160.00 12. Fittings Lbs. 12,705 1.00 12,705.00 1.18 14,991.90 13. 1 Corporation Ea 1 10.00 10.00 16.00 16.00 1h. 1" Curb Stop and Box _a 1 45.00 45.00 60.00 60.00 15. 1" Copper Service L.F. 10 20.00 200.00 29.00 290.00 16. Jacked Crossing Under C.R. 83 for 16" D.I.P. L.F. 44 135.00 5,940.00 122.00 5,368.00 TOTAL DIV1S Vin 1 - UTILITIES $280,714.00 s293,982.60 DIVISION 2 - RESTORATION 1. 2" MnDOT 2341 Bituminous Wear Tons 13 75.00 975.00 60.00 780.00 2. 2" MnDOT 2341 Bituminous Binder Tons 13 75.00 975.00 60.00 780.00 3. 6" Class 5, 100`. Crushed Tons 35 12.00 420.00 12.00 420.00 4. Seed and Mulch S.A. 8,370 .20 1,674.00 .25 2,092.50 5. Seed and gulch w/4 Black Dirt S.Y. 4,450 .85 3,782.50 .85 3,782.50 6. - Sod w /4" Black Dirt S.Y. 2,680 2.10 5,628.00 2.00 5,360.00 7. Driveway Rock Tons 55 12.00 66o.00 12.00 660.00 TOTAL DIVISION 2 - RESTORATION $ 14,114.50 $ 13,875.00 Division 1 $280,714.00 $293,982.60 D; -: i s -ior 2 � _ 14 ,114.50 -_ 1 3, 75.00 Total Contract $294,828.50. $307,857.60 • BID TABULATION (Page 4 ) IT Northdale Const. Co. Widmer Brothers, Inc. ITEM NO. DID %ISION 1 - UTILITIES ( ATFR,t IN) UNIT QUANTITY UNIT PRICE TOTAL UNIT PRICE TOTAL 1.. 6" D.I.P. Hydrant Leads, Cl. 52 L.F. 86 $ 10.00 $ 860.00 $ 16.00 $ 1,376.00 2. - 12" D.I.P., C_._52 -- L.F. ~ 665 16.60 11 039.00 20.00 13,300.00 3. 16" D.I.P., Cl. 52 L.F. 995 21.50 21,392.50 25.00 24,875.00 4. 18" D.I.P., Cl. 52 L.F. 3,820 24.25 92,635.00 28.00 106,960.00 5. Rock Excavation C.Y. 3,429 28.00 96,012.00 19.00 65,151.00 6. 6" Blowoff Assembly Ea. 3 2,900.00 8,700.00 3,200.00 9,600.00 7. Air and Vacuw Valve Assembly Fa. ., 2,600.00 2,600.00 2,500.00 2,500.00 ' 8. 12" Gate Valve Ea. 700.00 2,100.00 930.00 2,790.00 9. 16" Butterfly Valve and Vault Ea. 4 3,800.00 15,200.00 4,700.00 18,800.00 10. 18" Butterfly Valve and Vault Ea. 5 4,350.00 21,750.00 5,300.00 26,500.00 11. Hydrant and Valve Assembly Ea. 8 1,100.00 8,800.00 1,200.00 9,600.00 12. Fittings Los. 12,705 1.10 13,975.50 1.60 20,328.0o 13. 1" Corporation Ea 1 16.00 16.00 22.00 22.00 14. 1" Curb Stop and Bo:: Ea 1 70.00 70.00 66.00 66.00 15: • - 1" Copper Service L.F. 10 8.00 80.00 12.00 120.00 161 Jacked Crossing Under C.F. 83 for 16" D.I.P. L.F. T 115.00 5,060.00 111.00 4,884.00 TOTAL - '• � s' =S!Gi: 1 :,_lL= _'IE5 9 x.,06,872.00 5300,2 0.00 ' DIVISION; 2 - ES_O= ;TIo:: . 1. 2" MnDOT 2341 Bituminous :•.'ear n 13 6o.00 oo 80.00 -Ox- 780.00 70.00 910.00 2. 2" MnDOT 2341 Bituminous Binder Tons 13 60.00 780.00 69.00 897.00 3. • 6" Class 5, 100; Crushed Tons 20.00 700.00 18.00 630.00 4. Seed and Mulch • S.Y. 8,370 .21 1,757.70 .20 1674.0o -- 5. Seed and Mulch w/4" Black Dirt B.Y. 4, ' ,.SG .45 2,002.50 .40 1,780.00 6. - Sod Sod w /4" Black Dirt S.Y. 2,680 2.30 6,164.00 1.55 ' 4,154.00 7. Driveway Rock Tons 55 20.00 1,100.00 10.00 550.00 TOTAL DIVISION 2 - RESTORATI01 $ 13,284.20 $ 10,595.00 Di vision 1 $300,290.00 $306,872.00 o� Division 2 . 13,284. 20 - 10,595.00 \ . Total Contract $313,574.20 •$317,467.00 • SID TABULATION (Page 5) TTFM Robert Moore Co. Hennen Const. Co. ITEM NO. DIVISION 1 - UTILITIES (WATE J''IAIN) - UNIT I , QUANTITY UNIT PRICE TOTAL UNIT PRICE _ TOTAL 1. 6" D.I.P. Hydrant Leads, Cl. 52 L.F. ' '._ 86 $ 15.00 $ 1,290.00 ; $ 13.00 $ 1,118.00 • . 2. 12" D.I.P., 01. 52 L.F. '665 31.50 20,947.50 18.00 11,970.00 3. • ' 16" D.I.P., Cl. 52 - - L.F. 9 95 . 36:50 ' _ - 24:00 23,880.00 4. 1e" D.I.P., Cl. 52 L.F. 3,820 42.50 162,350.00 28.00 106,960.00 5. Rock Excavation C.Y. 3,429 2.00 6,858.00 18.00 61,722.00 6. 6" Blowoff Assembly Ea. 3 3,200.00 9,600.00 3 11,550.00 7. Air and Vacuum Valve Assembly Ea. 1 1,900.00 1,900.00 2,500.00 2,500.00 8. 12 Gate Valve Ea. 3 750.00 5 2 0.00 5 725.00 2,175.00 9. 16 Butterfly Valve and Vault Ea. L 3,850.00 15,400.00 4,850.00 19,400.00 10. 18" Butterfly Valve and Vault Ea. 5 4,500.00 22,500.00 5,600.00 28,000.00 11. Hydrant and Valve Assembly Ea. 8 950.00 7,600.00 1,100.00 8,800.00 12. Fittings Lbs. ,12,705 1.10 13,975.50 1.80 22,869.00 13. 1" Corporation Ea 1 25.00 25.00 20.00 20.00 14. 1" Curb Stop and Bo:. �,a _ 1 50.00 50.00 • 60.00 60.00 15. 1" Copper Service L.F. 10 5.00 50.00 15.00 150.00 16. Jacked Crossing Under C.R. 83 for 16" D.I.P. L.F. hI 90.00 3,960.00 120.00 5,280.00 • TOTAL DIV =SIO;: 1 - UTILITIES $305,073.50 $306,454.00 DIVISION 2 - RESTORATION • 1. 2" iMnDOT 2341 Bituminous ::ear Tons 13 40.00 520.00 30.00 390.00 2. 2" MnDOT 2341 Bituminous Binder Tons 13 40.00 520.00 30.00 390.00 3. 6" Class 5, 100% Crushed Tons 35 18.00 630.00 h. 5.00 175.00 h . Seed and : gulch . - S.Y. 8 370 .25 2 0 2.50 �� 9 .30 2,511.00 5. - Seed and ;'gulch w /4" Black Dirt S.Y. 4, - .40 1,780.00 1.00 4,450.00 6. Sod w /4" Black Dirt S.Y. 2,680 2.40 6,432.00 2. 7. _Driveway Rock R, 2.00 5,360.00 Tons 55 15.00 825.00 . 5.00 275.00 TOTAL DIVISION 2 - RESTORATION $ 1 2,799.50 $ 13,551.00 -- Division -1 - $305,073.50 $306,454.00 °q, - - - Division 2 12,799,50 13,551.00 Total Contract $317,873.00 $320,005.00 BID TABULATION (Page 6) • TT,n, _ , Parrott Construction No. Central Underground ITEM N0. DIVISION 1 - UTILITIES (wATER?�4AIN) UNIT . QUANTITY UNIT PRICE TOTAL UNIT PRICE TOTAL 1.' 6" D.I.P. Hydrant Leads, -C1. 52 L.F. ` 86 _? 29.46 $ 2,533.56 $ 11.00 $ 946.00 2. 12" D:I:P.•.,_C1 .. - - - L.F. 665 _ - 33.10 22,011 :50 19.00 12,635.00 3. 16" D.I.P., Cl. 52 L.F. 995 39.45 39,252.75 24.00 23,880.00 4_. • 18" D.I.P., Cl. 52 L.F. 3,820 43.02 164,336.40 30.00 114,600.00 5. Rock Excavation C.Y. 3,429 3.00 10,287.00 20.00 68,580.00 6. 6" i3lowoff Assembly Ea. 3 2,718.75 8,156.25 2,600.00 7,800.00 7. Air and Vacuum Valve Assembly Fa. 1 2 , 4 19.75 2 , 4 19.75 2,300.00 2,300.00 8. 12" Gate Valve Ea. 3 ' 2,005.85 6,017.55 800.00 2,400.0o 9. 16" Butterfly Valve and Vault Ea• z_ 2,564.10 10,256.40 4,200.00 16,800.00 10. 18" Butterfly Valve and Vault Ea. 5 2,862.35 14,311.75 4,600.00 23,000.00 11. Hydrant and Valve Assembler Ea. 995.00 7,960.00 1,200.00 9,600.00 12. Fittings Lbs. 12,705 1.43 18,168.15 1.10 13,975.50 13. 1" Corporation Ea - 22.30 22.30 15.00 15.00 14. 1" Curb Stop and Box Ta - 55.45 55.45 45.00 45.00 15. 1" Copper Service L.F. 10 7.40 74.00 16.00 160.00 16. Jacked Crossing. Under C.R. 83 - for 16" D.I.P. L.-F. 4 =' 126.00 5,544.00 95.00 4,180.00 TOTAL DIVISION 1 - UTILITIES $311,406.81 $300,916.50 -- - -- DIVISION-2 - RESTORATION 1. 2" MnDOT 2341 Bituminous Wear Tons 13 50.00 650.00 80.00 1,040.00 2. 2" MnDOT 2341 Bituminous Binder • Tons 13 50.00 650.00 80.00 040.00 3. 6" Class 5, 100 Crushed Tons 35 10.50 367.50 40.00 1 4. _ Seed.and- Mulch S..Y. 8,370 .50 4,185.00 5. Seed and Mulch w /4" Black Dirt S.Y. 1,,450 .95 .10 837.00 95 4,227. So .90 4005.00 6. Sod w /4" Black Dirt S.Y. 2,680 ' 7. Driveway 2.35 6,298.00 1.50 4,020.00 y Rock Tons 55 7.00 385.00 40.00 2,200.00 • TOTAL DIVISION 2 - RESTORATION - $ 16,763.00 $ 14,542.00 . - Division $311,406.81 $300,916.50 - - _Division 2- 16,763.00 14 Total Contract $328,169.81 $315,458.50 ° 1 BID TABULATION (Page 7) T A.R.I. Contracting ITEM NO. DIVISION 1 - UTILITIES Y:ATE ?IN UNIT QUANTITY T Tr, ur,l, L .'. \i i_ z UNIT PRICE :TOTAL UNIT P ,ICS 'TOTAL , 1. 6" D.I.P. Hydrant Leads, Cl. 52 L.R. •ti.. 86 $ 20.00 $ 1,720.00 2. 12" D.I:P., Cl-,-52 ;___. .. L.F. -__- '665 -. -; - 24.00 - - - - - 15,960.00 3_ � 6" D.I.P•, C1. 52 L.F. 995 29.50 . 29,352.50 4. 18" D.I.P., 01. 52 L.F. 3,820 32.00 122,240.00 5. Rock Excavation C.Y. 3,429 20.00 68,580.0o 6.-' 6" Blowoff Assembly Ea. 3 5,000.00 15,000.00 7. Air and Vacuum Valve Assembly Ea. 1 3,000.00 3,000.00 8. 12" Gate Valve Ea. 3 900.00 2,700.00 9._ 16" Butterfly Valve and Vault Ea. 4 1,600.00 6,400.00 10. 18" Butterfly Valve and Vault Ea. 5 2,000.00 10,000.00 . 11. Hydrant and Valve Assembly Ea. 8 1,400.00 11,200.00 12. Fittings Lbs. 12,705 ,. 2.00 25,410.00 7.3. 1" Corporation Ea 1 100.00 100.00 14. 1" Curb - Stop and Box Ea 1 100.00 100.00 15. 1" Copper Service L . F . 10 10.00 100.00 16. Jacked Crossing Under C.R. 83 for 16" D.I.P. L.F. 44 100.00 4,400.00 TOTAL DIVISION 1 - 4S UTI -T 1iv $316,262.50 • J1 _:J DIVISION 2 - RESTORATION 1 . 2" NnDOT 2341 Bituminous ..ear Tons 13 8.00 104.00 2. 2" MnDOT 2341 Bituminous Binder Tons 13 8.00 104.00 • 3. 6" Class 5, 100% Crushed Tons 35 7.00 245.00 4. Seed and Mulch . S.Y. 8,370 .50 4,185.00 5.. Seed and Mulch w/4 " Dirt S Y -___ '4,450 1.00 4,450.0o 6. Sod w /4" Black Dirt S.Y. 2,680 1.80 4,824.00 7. Driveway Rock Tons 55 10.00 550.00 TOTAL DIVISION 2 - RESTORATION $ 14 ,462.00 ' Division 1 $316,262.50 - • _ _ _._s_ o.. 2 14,462.00 - ` Total Contract $330,724.50_--- • 9 MEMO TO: Mayor and City Council FROM: H. R. Spurrier City Engineer RE: VIP Interceptor Sanitary Sewer • DATE: November 28, 1980 Attached please find a tentative schedule for the construction of the VIP Sanitary Sewer Interceptor. Please note that the hearing process is reinitiated due to the length of time right - of -way acquisition has taken. The acquisition of right -of -way will be completed by the first week of January. Since we will be unable to award this contract until February, it is recommended that bids be opened prior to acquisition of the contested parcels. The resolutions to be adopted December 2nd order the revised Feasibility Study, it accepts the study and sets the date for the public hearing. Please advise staff of any reservations or any objections to the proposed schedules so that those adjustments may be made prior to December 16th so that any adjustments to the schedule may be made before the City, is commited to advertise for bids. RECOMMENDATIONS Adopt Resolution No. 1751, ordering the Feasibility Study and adopt Resolution No. 1752, accepting the study and setting the date for the public hearing (study enclosed with packet). HRS / j iw Attachments • Tentative Schedule • 1981 -1 V.I.P. Sanitary Sewer Interceptor (Formerly 79 -4) 12/02/80 Resolution - Ordering Feasibility Study. 12/02/80 Resolution - Accept Study 12/02/80 Resolution - Set Public Hearing 12/03/80 Advertise for Hearing (Twice) 12/05/80 Mail Notices of Hearing (10 days mailed notice) 12/16/80 Hold Public Hearing • 12/16/80 Resolution - Order Project and Preparation • • of Plans and Specifications 12/16/80 Resolution - Approve Plans and Specifications and Direct Ad for Bids 12/17/80 Advertise for Bids • f• 1/16/81 Open Bids 1/20/81 Set Assessment Hearing 1/21/81 Advertise for Hearing (2 weeks published notice) 1/26/81 Mail Notices_of Hearing(2 weeks mailed notice) 2/10/81 Assessment Hearing (Special Session)/Adopt Assessmel 2/10/81 Resolution - Accept Bid and Authorize Execution of Contract • /l RESOLUTION NO. 1751 A Resolution Ordering The Preparation Of A Report On An Improvement 81 -1 (VIP Sanitary Sewer Interceptor) WHEREAS,, it is proposed to improve an area lying between County Road 83 and County Road 17, thence proceeding southerly to County Road 16, thence westerly to Marschall Road and there terminating, all lying within Section 5, 7, and 8, Township 115, Range 22, City of Shakopee by sanitary sewer interceptor and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to William Price, Suburban Engineering for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed • improvement is feasible and as to whether it should 'best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in Regular session of the City Council of the City of Shakopee, Minnesota, held this 2nd day of December, 1980. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1980. City Attorney • . Ch Main Office 571 - 6066' -'''' UBURBAN 6875 Highway No. 65 N. E. TI ----- NBINEERINGG Minneapolis, Minnesota 55432 INC. South Office 890 -6510 �,� Civil, Municipal & Environmental Engineering 1101 Cliff Road �' Land Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 ■ REPORT TO: City of Shakopee November 26, 1980 FROM: Suburban Engineering, Inc. SUBJECT •: VIP Interceptor Sewer This report is a review and update of our preliminary report of Apri I 26, 1979, for the subject project. Since the preparation of the 1979 report, plans and specifica- tions have peen completed and most of the easements have been or are in the process of being obtained. The review has been limited to that portion of the over- all project as ordered by the City after the public hear- ing. The project as proposed w i l l extend sanitary, inter- . ceptor, sewer from the present MWCC interceptor at T.H.I01, southerly and westerly to Co. Rd. 17 at about 13th Ave. In the preparation of the construction plans, the final location of the pipe has been established and actual pro- posal :quantities have been estimated. Estimates of cost to construct the project has been reviewed to reflect .changes that have occurred since 1979. Cost estimates are based on bids received in 1980 for similar work with an allowance for increased material cost in early 1981. The revised estimated cost to construct the project from the connection at T.H. 101 to Co. Rd. 17 is $1,020,035.00. An allowance of 25% of construction cost for Engineering, Ad- ministratin, Fiscal and miscellaneous charges and an estimated cost of $66,000.00 for easement acquisition has been added for a total estimated cost of the project $1,341,043.00. For comparision purposes, the estimated cost in 1979 for, the portion, of the improvement as described above 'was '$1,189,370.00 which indicates an estimated 12.75% increase from 1979 to 1981. A detailed estimate. of cost is " attached hereto for information. Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Suru. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Suru. Peter J. Molinaro, Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Suru. Bruce A Paterson, Reg. Eng. Daniel P. Johnson, Reg. Eng. Kim W. Waldo!, Reg. Eng. To: City of Shakopee Re: VIP Interceptor Sewer Nov. 26,1980 Page' 2 of 2 • Based on our review the improvement. is feasibi le as is • recommended for construction as described herein. Respectful I y submitted, Wi I I iam E. Price, P.E. SUBURBAN ENGINEERING, INC. ' I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under, the laws of the St ate of Minnesota.' • William E. Pri e Minn. Reg. No. 6939 • November 24, 1980 • g s2-- • • City of Shakopee, Minnesota VIP Interceptor Sanitary Sewer Project No.. 79 -4 . Engineer's Estimate ITEM UNIT NO. CONTRACT ITEM UNIT QUANTITY PRICE ' AMOUNT • 1. 14" Poly lined DIP 0'-8' L.F. 85 $ 41.00 $ 3,485.00 2. " " 8' =10' L.F. 180 $ 42.25 $ 7,605.00 3. • " " 10' -12' L.F. .195 $ 43.35 $ 8,453.25 4. " " 12' -14' L.F. 90 $ 44.45 $ 4,000.50 • 5. " 14' 15' L.F. 75 '. $ 46.10 $ 3,457.50 6 " " 16' -18' . L.F. 10 $ 47.75 $ 477.50 • 7. " 18' -•20' L.F. 40 $ 50.00 $ 2,000.00 8. . " " 20' -22' L.F. 35 $ 53.25 $ 1,863.75 9. •• 15" RCP Class IV 12' -14' L.F. '220 $ 32.85 $ 7,227.00 10. " " Class V 12' -14' • L.F. . 150 $ 32.85 $ 4,927 :50 11. " " Class V 14' -16' L.F. 180 $ 34.50 . $ 6,210.00 12. " " Class V 16' -18' L.F. 12.0 $ 36.15 $ 4,338.00. 13. " Class V 18' -20' L.F. 25 $ 38.35 $ 958.75 14. 18" " Class IV 8' -10' L.F. • 115 $ 32.55 $ 3,743.25 15. " " Class IV 10' -12' L.F. 1,140 $ 33.65 $ 38,361.00 16. " Class IV 12' -14' L.F. 550 $ 34.75 $ 19,112.50 17. " " • Class IV 14' -16' L.F. 35 $ 36.50 • $ 1,277.50 18. 21" RCP Class IV 10' -12' L.F. 190 $ 37.00 $ 7,030.00 19.:. •" Class IV 12' -14'. L.F. 415 $ 38.10 $ 15,811.00 • • 20. " Class IV 14' -16' • L.F. 900 $ 39.80 $35,820.00 21. " • Class. V 14' -16' L.F. 290 ' $ 41.00 $11,890.00 22. " ' Class V 16' -18' L.F. .290 $ 41.55 $12,049.50 ' 23. " Cla V 18'720' L,F. 275 $ 43.75 $12,031.25 24. •'class V 20' -22' L.F. 290 ' $ 47.00 $13,630.00 25. " Class V 22' -24' L.F. 35 $ 50.50 _ $ 1,767.50 • 26. 24 " Class I`II 0' -8' L.F. 1, $ . 34.50 $42,952.50 27. " Class III 8' -l0' L.F. 365 : $• 35.60 $12,994.00 ' 28. 24" RCP Class IV 12' -14' L.F. 380 $. 40.50 $15,390.00 29. " Class IV 14' -16' L.F. , 375 $ 42.10 $15,787.50 30. 24" Class IV 16' -18' L.F. 75 $ 43.75 $ 3,281.25 31. 24" RCP Class V 8' -10" . L.F. 30 $ 42.15 $ 1 „264.50 • 32. Class V 10' -12' L.F. 45 $ 43.25 $ 1,946.25 • 33. .Class V 12' -14' L.F. 25 $ 44.35 $ 1,108.75 ' i • ITEM UNIT NO. CONTRACT ITEM UNIT QUANTITY. PRICE AMOUNT 34. Glass V 14'16' L.F. 25 $. 46.00 $ 1,150.00•• 35. Class V 16' -18' L.F. 30 $ 47.65 $ 1,429.50 36. Class V 18' -20' L.F. s .90 $ 49.85 $ 4,486.50 37. Class V 20' -22' L.F. 95 $ 53.15 $ 5,049.25 38. Class V 22' -24' L.F. 110 $ 56.45 $ 6,209.50 39. Class V 24' -26' L.F. 150 $ 60.85 $ 9,127.50 40. Class V 26''z.28' L.F. 925 $ 67.85 $ 62, 41. 27 "•RCP Class III 0 L.F. • 2,785 $ 37.60 $104,716. 42. Class III 8' -10' L.F. 85 $ 38.70 $ 3,289.50 43. a Class V 0' -8' L.F. 85 • $ 50:50- •$• 4,292.50 44. Recon Manhole Ea. 1 $ 1,500.00 $ 1,500.00 45. 48" Dia. Manhole Ea. 21 ' $ 1,050.00 $ 22,050.00 46. 54" Dia. Manhole Ea. 3 $ 1,300.00 $ 3,900.00 47. 60" Dia. Manhole Ea. 5 $ 1,650.00 $ 8,250.00 `48. 48" Dia. Excess Manhole depth 154.0 $ 85.00 $ 13,090.00 . 49. 18" Dia. Drop Section Ea. 1 $ 450.00 $ 450.0Q 50. 8" Dia. Drop Section Ea. 1 $ 350.00 $ . 350.00 . 51. 8" Excess Drop L.F. 9.0 $ 90.00 $ 810.00 52. •. 18" RCP LR Bends . - Ea. 4 $ 225.00 $ 900.00 53. . 15" RCP LR Bends Ea. 2 $ 200.00 $ 400.00 , 54. 14" C.I. 1/8 Bend Ea. 1 $ 400.00 $ • 400.00 55. 14" C.I. Tee and tapped , flange Ea. 1 • $ 500.00 $ '500.00 56. 2" Gate Valve and plug Ea. 1 $ 125.00 $ 125.00 57. Rock Excavation Cu. Yd. 9,800 • $ 27.50 $269,500.00 . 58. Granular Material for Stab. Ton 50 $ ` 7.20 $ 360.00 59. Borrow Material Cu. Yd. 5000 • $ 4.50 $ 22,500.00 60. 8" Stub Ea. 29 ' '$ 100.00 $ 2,900.00 . 61. 10" Stub Ea. 3 $ 110.00 $ 330.00 62. 12" Stub Ea. 2 $ • 125.00 $ 250.00 . • 63. 15" Stub , Ea. 4 $ 150.00 $ 600.00 64. 18" Stub ! Ea. 1 $ 175.00 $ 175.00 65. 21" Stub Ea.. 2 $ 200.00 $. 400.00( 66. Clear & Grub L.F. 1,935 $ 6.00 $ 11,610.00 67. Sodding . ! Sq. Yd. 5,000 $ 2.00 $ 10,000.00 68. Seeding Sq. Yd 29,500 $ - 0.80 $ 23,600.00 I. Page 2 . • ITEM UNIT N0. CONTRACT ITEM UNIT QUANTITY PRICE AMOUNT 69. Seed & Mulch Sq. Yds. 13,155 $ 1.50 $ 19,732.50 70. Fertilizer Ana'ysis 10 -10 -10 • Ton 2.63 $ 150.00 $ 394.50 ' 71. 4" Service Conn. on RCP Ea. 5 $ 100.00 $ 500.00 72. 6" Service Conn. on RCP Ea. 5 $ 100.00 $ 500.00 73. Pavement Restoration (4th Ave.) Sq. Yds. 1,850 $ 5.00 $ 9,250.00 74. Pavement Restoration (Co. Rd. 16) Sq. Yds. 116 $ 12.50 $ 1,450.00 75. Pavement Restoration (Hauer Trail) Sq. Yds. 1,005 $ 4.50 $ 4,522.50 76.- Aggregate Driveway Rest. Sq. Yds. 100 $ 1.50 $ 150.00 • 77. Shoulder Restoration Sq. Yds. 720 $ 1.10 $ 792.00 78. Straw Bale Erosion Control Ea. 60 $ 3.00 $ 180.00 79. Meter Station No. 1 L.S. 1 $22,500.00 $ 22,500.00 80. Meter Station No. 2 L.S. 1 $22,500.00 $ 22,500.00 81. Special Structure No. 1 L.S. 1 $12,750.00 $ 12,750.00 82. Special Structure No. 2 L.S. 1 $ 5,100.00 $ 5,100.00 ESTIMATED TOTAL CONSTRUCTION • COST $ 1,020,035.00 • 25% 'Admin., Engr., Fiscal and Misc. $ 255,008.00 Estimated Cost of Easements $ 66,000.00 TOTAL ESTIMATED PROJECT COST $ 1,341,043.00 • • Page 3 RESOLUTION NO. 1752 A Resolution Receiving A Report And Calling A Hearing On Improvement 81 -1 (VIP Sanitary Sewer Interceptor) WHEREAS, pursuant to Resolution No. 1751, of the City Council adopted December 2, 1980, a report has been prepared by William Price, Suburban Engineering, with reference to the improvements of the area lying between County Road 83 and County Road 17, thence proceeding southerly to County Road 16, thence westerly to Marschall Road and there terminating, all lying within Section 5, 7 and 8 Town- ship 115, Range 22, City of Shakopee by sanitary sewer interceptor; this report ..dated. Nov y. 26; 1980 •and received by "the Council Decr. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the improvement of such area described in the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $1,341,043.00. 2. A public hearing shall be held on such proposed improvements on the 16th day of December 1980 in the Council Chambers of the City Hall at 8: 45 PM, or thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1981 -1 Public Improvement Program. Adopted in Regular session of the City Council of the City of Shakopee, Minnesota, held this 2nd day of December, 1980. Mayor of the City of'Shakopee ATTEST: City Clerk Approved as to form this day of , 1980. City Attorney • MEMO T0: Thomas G. Brownell, Acting City Administrator FROM: Judith S. Cox, Deputy City Clerk RE: Resolution Adopting Assessments for Halo 2nd Addition DATE: November 28, 1980 On October 21st the Council adopted Resolution No. 1726, setting assessments for the Halo 2nd Addition. The developers agreement signed by the developer provides for the assessments to be spread over five years, rather than the 10 years indicated in the resolution and the interest rate in the developers agree- ment provides for an 8% annual interest rate rather than the 8.75% indicated in the resolution. Action recommended: Offer Resolution No. 1753, A Resolution' Amending Resolution No. 1726, Adopting Assessments for 80 -10 Halo 2nd Addition Improvements, and move its adoption. JSC /jms • RESOLUTION NO. 1753 A RESOLUTION AMENDING RESOLUTION NO. 1726, ADOPTING ASSESSMENTS FOR 80 -10 HALO 2ND ADDITION IMPROVEMENTS WHEREAS, the developers of Halo 2nd Addition have entered into a Developers Agreement with the City of Shakopee for public improvements; and WHEREAS, said developers agreement provides that the assess- ment for the improvements will be spread over five years at the rate of eight percent per annum. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Resolution No. 1726, which resolution adopted assessments for 80 -10 Halo 2nd Addition improvements, is hereby amended to read that the assessments shall be payable in equal annual installments extending over a period of five (5) years and shall bear interest at the rate of eight percent per annum. / Adopted in session of the City Council of the City of Shakopee, Minnesota, held this _ day of _, 1980. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1980 City Attorney V , SPRINGSTED INCORPORATED II PUBLIC FINANCE ADVISORS 2 December 1980 Mayor Walter Harbeck Members, City Council Mr. John Anderson, Administrator City Hall 129 East First Avenue Shakopee, Minnesota 55379 You have requested our review of three requests for preliminary resolutions authorizing the issuance of bonds under authority of MSA Chapter 474. Our review of these requests has been restricted to their meeting the City's guidelines for issuance of these debt instruments and we have made no investigation of the fiscal feasibility of the project, nor have we had access to legal documentation. The proposed issues reviewed include: $2,400,000 Commercial Development Revenue Note - Progress Valley Park No supporting documentation was forwarded to us on this issue. This request involves an amended resolution, increasing to 2,400,000 a previous resolution passed by the City Council in March, 1980, for $1, It is our understanding the increase is required due to an expansion of the original project. In March, 1980 we had several concerns relative to this issue, which have been unresolved due to any supporting data submitted for the current request. At that time, those concerns included: 1. While the City has no requirement for a showing of sufficiency of lease rentals, we suggested the City review proposed leases to determine the sufficiency of revenues to pay both debt service and operating costs for the facility, and further suggested you determine the relationship with the proposed initial lease term to the length of the financing. Our same concern would be applicable to the revised project. 2. The materials submitted in March indicated the mortgage would be purchased or brokered by Amfac Mortgage Company. Since we were not familiar with that firm, we recommended the City require Amfac to indicate their experience with this kind of financing, such experience to be illustrated by a listing of five comparable financings which the firm has completed under comparable terms and authorization. 3. There was no finding by the financing company that the project was feasible and that the financing could be arranged. If those concerns were resolved with the City at the time the original request was submitted, there may be no need for further evaluation. However, one of the 800 Osborn Building, Saint Paul, Minnesota 55102 (612) 222 -4241 City of Shakopee, Minnesota 2 December 1980 Page 2 factors, the showing of sufficiency of revenues to pay project costs will have changed due to the original capital cost and project expansion. There has been no data submitted determining that the real estate value upon completion of the project will be equal to at least 90% of the total value of the note issued. $9,1,20,000 St. Francis Hospital Revenue Bonds We have reviewed this application and applied the City's requirements for commercial revenue bonds to the application submittal, since the industrial revenue bond requirements of the City require that before a preliminary resolution is passed, net earnings statements for the past three years must be provided which show that net earnings exceed by two times the total anticipated annual cost of debt service. Since St. Francis Hospital is not permitted under current cost recovery regulations to charge rates which would have provided such historical coverage, it was felt the application of such a standard was not feasible. In our opinion the application of St. Francis, together with the supporting data, is complete and meets the requirements of the City for purpose of passage of the preliminary resolution. We would bring two matters to your attention relative to this issue. The first matter relates to the question of receipt of a certificate of need, as approved by the Metropolitan Health Board and the Minnesota Department of Health. No indication of the status of that certificate is provided in the materials submitted. The second matter relates to the description of the financing, as submitted by the underwriter to St. Francis Hospital on September 3, 1980. That report, which outlined the financing plan contained a Sources and Uses of Funds chart totaling $8,762,640 in project costs. The current issue of $9,120,000 does exceed that plan. The plan also assumed for planning purposes an assumed average rate of 10.5% for a 28 -year level annual debt service program. It is possible due to current market conditions, that a rate of 10.5% may not be possible to achieve, if the bonds were to be sold in the near future. The City's requirements for consideration of a preliminary resolution do not relate to either of these two issues. $600,000 SW Reality Commercial Revenue Notes The data submitted for the application meets all the City's requirements for such financing with the exception of a determination that the real estate value of the project upon completion shall be equal to at least 90% of the total bond or note issued. Since this project involves an existing facility which is to be expanded and /or remodeled, it may be possible that the City Assessor can make that determination. Any such determination should in our opinion apply the 90% factor to both new and any existing capital debt. General Comments Mayor Harbeck has asked our opinion as to the adequacy and /or the currency of City of Shakopee, Minnesota 2 December 1980 Page 3 your requirements for the issuance of debt securities under the provisions of Chapter 474. It is obvious that at least one of those requirements, the percentage of total such debt to taxable assessed valuation is not valid, and it is our understanding you are considering changing or have revised that percentage to 50 %. You might well question the validity of any percentage figure applied to taxable _ values as being a critical factor in the evaluation of these requests. We would prefer not to comment on the need for additional possible changes until we have had an opportunity to meet with you to discuss this overall question. We suggest that if you are considering other changes in your current requirements, that you further consider holding a work session which could be devoted to this concern. We believe you may wish to include representatives of our firm and the Dorsey office in that discussion, as well as the City Attorney and Mr. Anderson. You may also wish to include members from the Shakopee industrial development and financial community in any discussion of revising your requirements. We would be pleased to attend such a meeting. Respectfully submitted, aZ Robert D. Pulscher President /agh F MEMO TO: Mayor and City Council FROM: Tim Keane, City Planner RE:- S & W $600,000 Industrial Revenue Bond Request DATE: November 28, 1980 Staff has reviewed a preliminary site plan of the Red Owl's improvements and would recommend the following concerns be addressed prior to approval: Parking - Based on proposed building square footage, the City Parking Standards require 185 parking stalls (this may be reduced if the developers supply mett retail floor area data). The proposed plan indicates 100 parking stalls. Streets - The south one -half of both Dakota Street on the east and Minnesota Street on the west do not have curb or gutter street improvements. This "continuous curb cut" creates a poorly directed traffic flow. Trash and Screening - The back of the shopping center (south side) has not been well - maintained in the past. Trash and boxes are not contained within a defined area and the dumpsters occasionally roll into the public rightLof -way. This is also a problem because the center abuts a residential district. Section 11.60, Subd. 3A requires that businesses abutting residential zones shall provide screening. Landscaping - The preliminary site plan does not indicate any landscaping. improvements for the center. TK /jiw Attachment ' _.... =R r co - - � r. • . 1 a, .1 ol • J :, 1 V • i a �.. R - - r s' W N r � - " 0) 1 % .7::.";:iiii:lfri ,‘.. ; ' . F,..,... pY- t t . I ;....-....:::,:-..,..-:.,.;-.6reittoll N , ....„.-4 .. PAR t " rt �' 1111 n Y . <. l ro w.. #` ,3" ---•'y ' �;k I, t ':i r ' • 3-; ; 0;`x` • 1 , 1 ..; 4 elk . ' I Pill 1 . , , . - -„-. r\ 14 . 'lilt 1/4:7.:" * .' 0 .; ,i' • ,V. 0.0.••011.... II IPS - - EL Vi fy k . w ' . 2 " I 6 :se'. !" lie. $-, * . 111„. II 0 1 ilit lit .ass 110 . i OW °11: . .1 I I li _....,..,4,,,,. rot - , iiiii . v I, . ,....„,.. .„,,,,,,,,,,,,„4,,,,,,„ ,,,, i .„,,..,- -.., , ... oil fi , :. ,„„ „ ,... : _ g r.,,,,,..,,,,,.„ , , „ 7., I ..r1,..:_i * 0 , 11 0 46 410 , trial f . i ! �ti:crs .. ).*::...:,0-11-1,,, . ' S ill ;fin" % A! . 1 d un+ - ', ° - erE , trEt -ice A RK• !� ,1 ' +� '..d 00.• B Il i •• • ,,,..., .4„,..1,04.460.00.00501. UTILITY I—II 11111 _ tiiif BLDG 1 I IIIS I I:''t : -Aka% la e. 0,- . ' >74L1 . o %is .. ..,a "' ill 5 t- Ilk _ ' . _la _ f , \ " 1 ' . N . . . , . . - DATE - . i ETI (ONE - j : 1::;F". q ? " 1551-17:Er ri rR7-/''T-b714C'Va 4 MIA - - quo . i ,--- :ASE NO. OT LOCATION SCALE PG • • CITY OF SHAKOP EE • APPLICATION FOR COMMERCIAL DEVELOPMENT ISSUES Date October 24, 1980 • • Applicant Name: s w Re 1t' - • Address: 130 South 10th Street — Minneapolis, Minnesota 55403 Phone: • 332 -8365 Location of Proposed Project (address and legal description): • 800 First Avenue East - Shakopee, Minnesota • • Please answer fully all of the following questions. You may attach requested documentation: • 1. What is the specific proposed use of the facility? • • 'Remodeling and expansion of the existing Shakopee Shops Shopping Center. • . The expansion will consist of approximately 3,000 square feet. 2. What is the projects estimated minimum and maximum size and /or capacity? Approximately 30,000 square feet. . • 3. How many, new people will be employed in Shakopee as a direct result of • this proposed project? 25 additional jobs will be created ' • • 4. What is the proposed date for start of construction? Completion' of construction? • • January 15, 1981 — August 1, 1981 5. What is the estimated range of costs•for the facility: • a. Building construction. $475,000 • • b. Furnishings. • c. Property development. 40,000 d. Land acquisition. • e. Professional fees. • • • • Application for Commercial Development Issues Page 2 1) Architectural engineering. $15,000 • • 2) Legal 10,000 • • • 3) Fiscal 25,000 • • f. Other (detail). 25,000 interim financing • 6. What is the applicant's legal interest in the •land? • Fee owner • 7. A list of all .members of any corporation, partnership or other organizations which will have a legal and'flscal interest in the•ownership • .and management of project and that identification. .of that interest, and • listing of credit and professional references for all interested parties ' (if applicable). glair Wolfson • Robert Segal • 8. Resume of any person, partnership, or corporation which will own or manage • • any portion of the facility. • . • Wolfson, Properties • 9. If any of the project is to be leased to other parties an identification of those parties and a showing of commitment for that interest. Red Owl Store, F.O.K.Hardware, and Roberts Drug Store 10.. If interim financing is required, a showing of a binding commitment for that financing from a reputable lender. N/A , 11. Statement /as to the fiscal financing method to be used such as bonds, mortgage revenue notes, or unsecured debt. Mortgage Revenue Note . 12. Statement as to whether the financing instruments will be sold to individuals, insurance companies, savings institutions or other. The note will be placed with either an insurance company or bank. 13. If considered appropriate by the City, a financing feasibility report may be required which will detail those physical service and financial factors . which well indicate possible success or failure of the proposed facility. 14. Method of payment of all public .cost to be incurred in development of the property. None known. • • • • • • • • • • • • • Application for Commercial Development Issues Page 3 . 15. Name of the underwriter or investment banker who will be selected to place • the final financing. A list of at least five other issues•which have been completed by underwriter or banker shall be provided. Juran•& Moody, Inc. Byerly's - Minnetonka, Bureau of Engraving - Minneapolis, Office Electronics - La.keville, Ely Hospital - Ely, Red Owl - Montevideo 16. Name of the proposed trustee to be designated. N/A , • • • • • • 1Signed)� - �� /s- • (Date) • • • • • • • • • • • • • • • • • • • • • • • • • • ( b.; MEMO TO: Mayor and City Council FROM: _Tim Keane RE: Progress Valley Park $2,400,000 I..R. Bonds DATE: November 26, 1980 Progress Valley Park has already received preliminary approval for $1,600,000 I.R. Bonds for three warehouses. The current application before the council is an expansion of the original application to include a fourth warehouse at a new figure of $2,400,000. The fourth warehouse is for Bush Lake Tools Development. Staff has reviewed the proposed site plan for the Bush Lake • Tools development and finds the plan in conformance with City design standards. • TK /jms • • • • a . . / C I T Y OF S||AK()|'BE APPLICATION FOR COMMERCIAL |)[VEL0|'M[N'[ ISSUES Docc 1980 App|ican[ Nvmc: ___ r .....������ .��'� A d d r e s s : c/o Al Stephani - 12751 County Road 5, Burnsville,_ MN 55337 Phone: 7_______ • |.ocaciun of Proposed Project: (address and legal dcscci|)cioo): Lot 3 Block 1, \/alIel! Park Six Addition W 35O / Please answer fully all of che following quescions. You may a[L � cequesced documeocacions: � ' y ac) Plastic Design, Tooling & Fabricating l, Whu[ is che specific proposed use or the taci|icy? Whx[ is che projec[/S esLimoLed minimum and maximum size and/or •' capacity? / , 36,000 ] How w muoy new people will be employed in Shakopee as a dicccL rusui[ of [his proposed pcOjcc[? Approx. 50 • 4. What is che proposed dace for start of conS[cocLiOn? Cumpiu[ion of cons[ruccioo? Start of Construction: Immediately 5 Completion of C000tructiou; I50 days_ . W hn[ i s [ che u ^ c imu ccu range oi costs tor the [aci } i cy : a. Building coos[rucci�n. 810,000 b. Furnishings. 20,000 ` C. Pc0|>Cc[y dev21OpmonL' 20,000 d.• Land acquisi[ion. 110,500 c. Professional fees. I0,000 • Appl i c a c i tail l ur Commercial Development. opment. 1 ;sue: Page 2 1) Archiieccural engineering 25,000 2) Legal 10,000 3) Distal 12,000 1. Ocher (d eLa.i 1) . 6. Whac is che appl i.canc' s legal int_eresi in L he land? Equitable Title 7. A list: of all members of any corporation, partnership or ocher org, :IniYaL.Lons which w i l l have a I ega l and fiscal :i.nceresc in che ownership and management of projecc and Lhac :rdencificacion of chic i.nccresc, and listing of credit: and prol:essional references for all interested parcies (if applicable). James F. O'Neill, Alfred H. Stephani, James M. Burkemper, Timothy L. Menning, and Patrick Gannon. 8. Resume of any person, parcner_shtp, or corporac. ton which will own or manage any porc:i.on of the i ac i. 1 i, cy . Same as #7 9 . 1 f any of che pro jecc is co be leased Lo ocher parc.i.es, an idencificacion of Chose pare i.es and a showing of COmnli.clnenC for chat i.nCereSC . Bush Lake Tool - Entire Bldg. 10. If interim financing is required, a showing of a banding comm.i.Cmenc for Lhac financing from Fl reputable lender. / To be supplied 11. Statement as co the fa.scal. f.i.nnnc.i.ng method co be used such as bonds, mortgage revenue notes, or unsecured debt. Mortgage Revenue Note 12. Statement as co whether che financing i.nscrumencs w.i.11, be sold co individuals, insurance companies, savings inscicuC.i.ons or ocher. Institutional Sale 13. If considered appropriate by the Ci.cy, a financing feasib.iliry report may be required which will decai.l chose physical service and f.i.nancial factors which will indicate possible success or failure of che proposed foci ] i.cy. 1 1.G . Mechod of payment of all public cost co be incurred 1 n develop - menc of the property. All Improvements In , • Applicacion for Commercial Developmeo1 Page j 15. Name of che underwriLer OF invest.mem. banker who wi,11 be sclecLed 1 place che final liclancifT. A 1 i L or au least: Live ocher 1:-;socs which have been completed hy [le underwri•Ler or banker shall be provided. To be determined 16. Name of Cho proposed uruscee LO he deinaied. NA (Signed) • Yt?' — (Dace) • • • . l e / '''"----..-'=:,-.. /yr. \ _ / \ ..\ _ ■ / NtI r I I I _ J � ` � I I - ` - - -- ' . , �— ,- - 1 /7 ■ ` i Sr Hio'-, i - AMUSEMEVALIEY FAIR �- r� I Y � 1 1 NT 1 T -_ '' :� PARK II • 5 VAL ` " `` r' V ( fl \ T1 1` H0 �� ; I 4c3: „ ,� R r 1 / / / > NQR _______ I/ A 4 . z. Wt. Ir., o >.. /ND ,...,-.5..... IN IV C ' 1TLIR E PAK BLVD N - i TN I ' SppT� T,:,,..:_..._. w J Q M S y S 4N / cc i �,�, R 0 �i„,` 9 10 I i� -,„, 1 _ _____ t_____ 1 L kilf--.., .---. i lir -4101 _ I ......-'” • , c--fe-,_ - , KILLARNEY HILLS ADD'N 1 L _ 1. Deon Loire �N Try - M -ECITO � -..� L EIGHTS 16 15 'l 7'L'st ('01 tAe 1 2._ - z- - go 'ETITlONEF3 'TbpC DATE 1 - FES2t)Z -- Vi 6 Z-oa, SE NO. S LOT LOCATION ` SCALE LPG. Law Offices of 9 C--- KRASS, MEYER & KANNING Chartered Phillip R. Krass Shakopee Professional Building Barry K. Meyer 1221 Fourth Avenue East Philip T. Kanning Shakopee, Minnesota 55379 (612) 445 -5080 November 24, 1980 rr7* ' Mr. Tom Brownell City Hall 129 East First Avenue ro. �' Jv Shakopee, MN 55379 G ,� c ?, t h d� Dear Tom: This letter will confirm our conversation in which I indicated that the Progress Valley Park Industrial Revenue Bond matter is coming on for a re- hearing on the 2nd of December. The new public hearing is required because the amount of the bond is being increased from $1,800,000 to $2,400,000. The City Council obviously has already had one public hearing on this matter when the original request was approved. The developer has requested that the City waive its usual policy of never authorizing the bonds the same night as"the public hearing and has requested that under these circumstances, the authorization be given on December 2nd. The reason, is that they are already into the project and cannot sell the bonds to obtain the financing until the Council approves the new figure. As I indicated to you, I see no particular problem with this in view of the fact that it is only an increase in an already approved project. By copy of this letter,,I am informing Sue Van Dike at the Dorsey office of the request of the applicants so that the proper papers will be ready December 2nd if the Council sees fit to authorize the bonds that night. Thank you. Yours very truly, KRASSYER�& KANNING CHARTERED P it .ip R. Krass PRK:ph G cc Mr. Al Stephani Sue Van Dike • Councilperson introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTEORIZ6ENG THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES, AND AUTHORIZING TEE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT WHEREAS, (a) The City Council has received :from Progress Valley Park, a Minnesota general partnership (the "Borrower ") a proposal that the City finance a project for purposes consistent with Ch ,oter 474, Minnesota Statutes, known as the Minnesota. Municipal Industrial Development Act (the "Act ") consisting of con- struction on certain land located in the City of four one - story buildings (the "Project ") to be leased to Laser En- gineering, A & M Roofing and to others for office, warehouse, showroom and light industrial uses. (b)'. The Project would aid and assist the City, and the full faith and credit of the City would not be pledged or be responsible in connection with said Project. (c) The City has been advised by the Borrower that conventional, commercial financing to pay the capital cost of undertaking the Project is available only at such costs of borrowing that the economic feasibility of undertaking time Project would be reduced, but the Borrower has also advised this Council that with the aid of municipal financing and its resulting low borrowing cost, the Project is economically enhanced. (d) The Council has held a public hearing on the City's undertaking the'financing of the Project on December 2, 1980, at which hearing all residents and interested persons were afforded an opportunity to express their vi_e.'is and to be heard by the Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, as follows: Section 1. Policy and Purpose. On the basis of information provided to this Council it appears, and the Council hereby finds, that the effect of the Project, if undertaken, will be to increase the general level of economic activity in the • City and surrounding areas, to increase the property tax base • • in the City, and to increase current employment opportunities for residents of the City and surrounr.?incp area, all to the benefit of the residents of the City 'arid the State of Minnesota. Section 2. ' Author_i zation . (1) The Council. hereby approves the proposal of the Borrower that the City * undertake to provide financing for the • Project pursuant to the Act by acquisition ',( the Project to be leased or sold by the City to the Borrower, or by direct loans of the bond or note proceeds to the Borrower, all upon such terms and conditions as mutually agreed upon by the City, the Borrower and the purchaser of the bonds or notes (whom the City reserves the right to approve) with provisions for revision • from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on bonds or notes of the City to be issued pursuant to the Act to finance said Project. (2) The Project is hereby given preliminary approval by the City. The City hereby undertakes preliminarily to . - issue its revenue note, in one or more series,' in an amount necessary for payment of part of the costs of the Project, in the approximate amount of $2,400,000. (3)' The Mayor and City Clerk -- Administrator are hereby • authorized and directed to submit the proposal for the above described Project to the Commissioner of Securities requesting her approval. (4) The City Attorney and Dorsey, t�lixidhorst, Hannaford, Whitney & Halladay, bond counsel to the City, are authorized to assist ii1 the preparation and review of necessary documents relating to the Project, and to consult with the Borrower and the purchaser of the bonds or notes as to the maturities, interest rates and other terms and provisions of the bonds and the covenants and other provisions of the necessary documents,• and to submit such documents to the Council for final approval. Section 3. No Liability of City. Nothing in this ' resolution or in the documents prepared pursuant hereto shall authorize the expenditures of any funds on the Project other than the revenues thereof or the proceeds of the bonds authorized by the City herein. The bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the Project and the revenue pledged to the payment thereof, nor shall the City be subject to any liability thereon. No bondholder shall ever have the right to compel any exercise of the taxing power of the City to pay any such bonds or the interest thereon, nor to enforce payment thereof against any property of the City except the Project. Each bond shall recite in substance that the bond, • • • - — — ? • including interest thereon, is payablo solely from the revenue pledged to the payment thereof. No bond 'issued hereunder shall constitute a debt of the City within the meaning of any con- stitutional or statutory limitation. Section 4. Project Expendituros. In anticipation of the approval by the Commissioner (5YecuriLies and the issuance of the revenue note to partially finance the Project, and in order that completion of the Project will not be unduly delayed when approved, the Borrower is hereby alkhorized to make such expenditures and advances toward pavment of costs of the Project as it considers necessary, including the use of interim, short- term financing, subject to reimbursement from the proceeds of the revenue bonds when delivered, but without any liability on the part of the Citv. Adopted December 2, 19SO. Approved: Mayor Attest: City Clerk-Administrator Motion. for the adoption of the foregoing resolution was duly seconded by Councilperson , and upon • vote being taken, the following voted in favor: and the f9llowing were opposed: whereupon said resolution was declared duly passed and adopted. • • • • • • • MEMO TO: Mayor and City Council FROM: Tim Keane, City Planner RE: St. Francis Hospital $9,120,000 Industrial Revenue Bond Request DATE: November 28, 1980 The City staff has reviewed the preliminary plans for the St. Francis Hospital improvements and would note the following concerns: Parking - Although the hospital currently meets the off - street parking stall requirements of the City Code, a proposed parking plan should address the parking problems prior to approval. Access to hospital - The current access to the hospital for patients and visitors is on the south side of the • building. All feasible future parking areas are to the northwest, northeast and east side of the hospital. Staff understands that a future east entrance was considered but found to create internal floor plan problems and as proposed, an east entrance will be limited to certain hospital staff. City staff feels that an east and /or north entrance is most important to the success • of future parking proposals and that one of these alternatives should be given further consideration. TK / j iw Attachment 4 .. .... 1 , f.:i 1 I I ilk t ___\ i ...... 1 ). . \ - - - - - ' --`- - - - _ 1 Vill `, .-,, r. . tv..3.3.....i. ,:or • _, . si t-Era rl ��� .. _ A .°.°, - _. = • Y i = ` IP O • _-' - _ _ � ,� �• ,,..oft, pi - Aiv: I III ki �_ r !, _ #'� ^'• 00 r:;-. . ‘,.... # .,......., 0 ,.,... ,.. . • . _ tr -, vo ilV , , . . Si 1 1 , ,, , r. W;,'. : Ilt ''I. oval , , C.--' 1 rola ..,,,.. voloolitillell : ." , 'LP ,,,'. it j iit os i ,v3::::, I ':.: ,,,, t f l ei -;-- ,.,„„„:,,,..001. : Ufa. . 1 :. :. ` AL URGE L p01 roo . . mitt 7 .,.. . .. a $ GH A OA sG F asa % 1st /r Vat' r �r i ., IR vivo . r ON r •.. taii, rr r:� tie* o s *tit • .1 i ‘,.,,,,, 1101 J OHN - h _ � U YH• t �.� R G 160 B Tr_ :: ' • .11 1101 %SS. 1101 r 5 I ��1 • g y �. 3 4. 3 3 t ..,._ _ __ PI I � ' r i 4 > f 9 9 f f : 4 ...„ ,..._ _______ ok -. ii , , f (ti - . L ETITIONER 4-10,7 J • DATE -' - , ,6 --F5&\)6*--r) ..d5- \ . K. SI- ;ASE NO. S LOT LOCATION SCA r _ _.., CITY OF SHHAKOPEE APPLICATION FOR INDUSTRIAL REVENUE BONDS D a c e : • • October 31, 1980 Applicant Name: St. Francis Hospital Address: 325 West Fifth Avenue, Shakopee, Mn. 55379 Phone: (612) 445 -2322 Location of Proposed Project (address and legal. description): 325 West Fifth Avenue, Shakopee, Mn 55379 Lot 58, City of Shakopee Please answer fully all of che following questions. Requested documents may be attached: 1. Specific proposed use of che facility. 2.. A lisc of all of their facilities owned or operated by the applicant. 3. How many new people will be employed in Shakopee as a d.irecc • resul.'c of this proposed project? 4. Whac is che proposed dace for scare of construction? Completion of construction? 5. The estimated cosc of che facility classified by: a) Building construction. b) Furnishings or non -fixed equipment. c) Land acquisition. d) Propercy development. e) Professional fees. • 1) Architecc:ural: engineering. • .Application for lndusLrial Revenue Bonds :Page' .2 2) Legal 3) Fiscal - f) Ocher (detail). 6. Applicant's legal inceresc in the land. 7. Audiced financial scacemencs of the corporacion for the immediate past Chree.years. 8. A descripcion of che corporacion, including a resume of owners if privately held, or a resume of major officers and che board . of directors of publicly held corporations. • 9. If interim construction financing is required, a commitment for such financing from a repucable lender. 10. A scacemenc as co the final financing vehicle as co whecher the instrument should be bonds, mortgage revenue notes, or • unsecured clebc . • • 11. Mechod of paymenc co che Cicy of all public cost. 12. The resume of che underwriters including a 1:i.scing of five ocher comparable offerings which have been placed with chac under - wricer. 13. A listing of all ocher corporate debt by amount, dace of obl.isacion, annual required payments, obligee, and cype of securicy. • • (Signed) /0 -- /-- g' C.9 • (Dace) • CITY OF SHAKOPEE APPLICATION FOR INDUSTRIAL REVENUE BONDS ANSWERS TO APPLICATION QUESTIONS 1. To provide hospital inpatient and outpatient health care to the City of Shakopee and surrounding areas. 2. (a) Hospital located at 325 W. 5th Avenue and all of Block 58 on which it is located. (b) Parking lot on the Southwest corner of Scott Street and Fourth Avenue. (c) House located at 437 South Atwood, Shakopee, MN. (d) House located at 425 South Atwood, Shakopee, MN. 3. Since the project does not add new services or beds, the increase in the number of employees is minimal. 4. Proposed date of start: April, 1981 Completion date: Summer, 1983 5. Construction $ 3,795,000 Equipment 250,000 Fees, permits, etc. 907,000 Refinancing 1,850,000 Bond costs 315,000 Capitalized interest 997,250 Debt service retirement fund - - - - 1,066,481 • f Total facility cost $ 9,120,173 6. Owner 7. See attached statements. (Addendum A) 8. See "Mission and Purpose" attached (Addendum B) 9. If interim financing becomes necessary, St. Mary's Association is committed to provide such funds. 10. Financing vehicle will be revenue bonds secured by a mortgage on the hospital real property. 11. Direct payment by hospital to City. 12. See attached resume of underwriter (Addendum C) 13. See attached list of hospital debt (Addendum D) 111 r � ••r1: +.' CC c `, � / / i. e. S E FA 4 ,-n,.`.vz /4t / . JULIUS A. GoLL1:1?, 11 JULIUS A.COLLER . \T1'O UN EY AT 1 .Aw 612 -445 -1244 1859 -1940 2 1 1 WEST r I R S T AVENUE S I 1 4" 0 1 1 1.5 , 1\ V 15 5 O' ' 55320 November 12, 1980 P���'�'',' ' '+ , .� 1,aGii Shakopee City Council City Hall Shakopee, Minnesota 55379 Dear Council Members 1 During the Council Meeting of November 4th, it became apparent that St. Francis Hospital would soon be requesting a "temporary" closing of Atwood Street between 4th and 5th Avenues. From what was said it appears that the "temporary" closing could possibly last for some time - perhaps several years. The City has no statutory authority to close streets. It does have authority to vacate streets by Minnesota Statutes Annotated 414.851 upon a petition of the majority of the owners of land abutting on the street to be vacated or the Council may act on its own initiative by adopting a resolution but only upon the voteof 4 /5ths of all of its members and no vacation may be made until after a hearing which must be preceded by two weeks published and posted notice of intended action, and if the Council so proceeds in the resolution vacating the street it must find that it has been made to appear that the action would be beneficial to the public interest. See Krebs v The Town of Northern Beltrami County 213 Minn 344; 6 NW 2nd 803, also Dunnells Digest, Section 6623. In case of emergency,such as a fire or wind damage structure that could be hazardous to the public using the street or during the raising of a structure abutting the street,a strictly temporary closing maybe authorized in the interest of public safety, but at most could continue only for such length of time as would be necessary to expeditiously remove the hazard. Any action not specifi- cally authorized by law would be done by the City at the City's risk and the City, to say nothing of the Council members supporting such unauthorized action, would be vunerable to suit if some person or persons are injured by the unauthor- ized act. There is also one other feature to consider in this connection and that is the proximity of the hospital. In the event of an emergency such as fire, storm damage or other similar situation, anything that would hinder the free access to the property from all sides by the police, fire departments, would create a serious hazard. Since I will not be able to be at your next Council Meeting I felt I should submit this information to you. •Very tfuly .1 lius A. Coller, II JAC /nh City Attorney ... . ,.. . '',...7,,tii::-.7('-',L :.".•!:'.'.".:.; !7';',..'7'.'. q 6L g ,..... ee qp 2, SHAKOPEE, MINNESOTA 55379 Cif Y„ oF 1::: AKCI H. /, ... , /// / f 0 /auzy /92z, • :_._"' ..e ,,,,./..,, /e._ ., t 1 4.,.e.4.-,,,a,,tcell,,27,0 -r.•:'.. e,' e(ef,,, ' ( J? (6.12.c.o.z.(2 1 i , / / /,---/--- (,66,1L 0: ..;t6errery:eij ... (4_,,e, ,/ a • 1. :./_. 1 4 - - - ( v c ' .4 e c6-?- ' -' ' .. .....„" r iF -/- . (.16L/u/n.,9 ,i6-71..d • V.2. ,.---e-21_2 2 '..( ( el• • a. L ffe (- ... 2-22 • — 1 v ( -/) ( 11..,61-1_L1 / aLd ,C),e,ctyLi .j-ke, ) 67,-tal-i,,t , ..,,,j --ce- .L A-e•-u_i ,e-eL4.2 . . 1 A 0?)._ct,.2_,e_, Teup/1_, -- LL,0*___) ....A...• ,y1_, c_,t___114,2,.,dg,2,..aizzL/- ,,..) , 0_./t/ t zi,(,i , t,u (j , „/ 0 ., c. ) Q c., . _ , , MEMO TO: Thomas G. Brownell, Acting City Administrator FROM: Judith S. Cox, Deputy City Clerk RE: Application from Empire Inc. for Liquor Licenses DATE: November 28, 1980 The City has received an application for an on sale and a Sunday liquor license from Empire Inc. The applications are not in order at this time and I would suggest that they be tabled. I have been in contact with Mr. Green, the applicant, and he understands that the applications cannot be considered until they are in order. Action recommended: Table the applications from Empire Inc. for an On Sale and a Sunday Intoxicating Liquor License. JSC /jms ♦ .i of :H.y4,. CITY is F S A K coy E ? 6 6. ' AY . 129 East First Avenue, Shakopee, Minnesota 55379 MEMO TO: - Mayor and City Council FROM: LeRoy Houser SUBJECT: James Hauer House on Bluff St. DATE: November 28, 1980 The'Building Permit for this house is null and void, Conditional Use Permit is past due and the Planning Commission members, neighbors, etc., want action in removing this hazard and eye sore. Action Recommended: City Council move to authorize City Attorney to call in the bond for removal of dwelling before the December 17, 1980 deadline fofothis bond has expired. LFH:plk / • CONDITIONAL, USE PERMIT RESOLUTION NO. CC -221 WHEREAS, James Hauer. __ _ _ , having duly filed an application for a conditional use permit dated 7/20/79 under the provisions of the Shakopee Zoning Ordinance, as follows: to move in a structure and convert it to a 3- family dwelling _in an B -5 zone area, and, WHEREAS, Said proposed NOW 'THEREFORE, Upon hearing the advice and recommendaticn of the City Planning Commission. and the Zoning Administrator, and upon con- sidering the suggestions and objections raised by the affected property owners within a radius of 300 ft. thereof in public hearing duly held thereon, and upon determining that the granting of this conditional use permit is necessary for the said applicant, and will not impair an ad- equate supply of light and air to adjacent property, or unreasonably increase the congestion in the streets, or increase any public hazard nor diminish property values in the surrounding area, nor is it in any other respect contrary to the intent, purpose, or objectives of the Shakopee Zoning Ordinance or the Comprehensive Guide Plan: BE IT RESOLVED BY THE CITY COUNCIL, OE 'I'{'IE CITY OF SHAKOPEE, MIN- NESOTA, That the aforementioned conditional use permit application is hereby granted, subject to the following conditions: 1) The structure being convertible to a tri- plex in conformance with the City Code. 2) The developer hook -up this building to city sewer and water. 3) The•developer.agree to petition for City installation of sanitary s P r-n— request sewer this property can be included and assessed. 4) A Be'rformance Bond, in an amount sufficient to insure that the house is brought up to code, be submitted by the developer. 5) Dwelling be placed on both lots to insure a single piece of property. Adopted in Adj. Reg. session of the City Council held this 21st day of August 19 79 . Mayor of the City of Shakopee ATTEST: paek R tCJ TY OF SHAKO :E I N C o R P D R AT L D 1 B 7 0 if w:eaxcm+,van ..La/M1 ovsselacte u+a!tan trc.... Jr %um:410m. �� f I •.. "a. 129 E. First Ave., Shakopee, Minnesota 55379 (612) 445 - 3650 AL; August 23, 1979 Mr. James Mauer P. U. Box 242 Shakopee, MN 55379 Dear Mr. Hauer: • At the City Council meeting held August 21, 1979, the Council approved your request for a Conditional Use Permit to move in a structure and convert it to a three- family dwelling in a 13 -5 zone, with the following conditions: 1) The structure being convertible to a tri -plex in conformance with City Code. 2) The developer hook up this building to City sewer and water. 3) The developer agree to petition for City installation of sanitary sewer on. Bluff Street so that when the remaining property owners request sewer, this properly can be included and assessed. i 4) A Performance Bond, in an amount sufficient to i.nsure,Lha't the house is brought up Lo code, be submitted . by the developer. 5) Dwelling be placed on both lots to insure a single piece of property. Enclosed is a copy of the adopted Conditional Use Permit Resolution No. CC -221. After you have filed a Performance Bond with City and have revised your site plan to show the location of the house upon both lots, a Building Permit and a Moving Permit must be acquired. . Your Conditional Use Permit will have to be used within a one - year Lime frame or it becomes null and void. If you have any further questions, please let me know. Sincerely, 5Z ' 'Douglas S. Reeder City Administrator DSR/jiw Enclosure 1 , I / L • , r I 0 / / 0 ,, r ,, t. i , �al '"�; '-- •�i-��l\T , �c' .: ZiS '_-g,_- �� �� ,'"' .._. _ 1� - *mat �1- —2-:ter Z�� �' `Y--'. _ , l {, A , toy .. i �p _•____._ S �C A T ' �� S , �'' Y COMPANY g F T l� t DES MOINES, IOWA 50309 V, ii �. ;' LICENSE AND PERMIT BOND ;, (For County, City, Town or Village) ill ild KNOW ALL MEN BY THESE PRESENTS: i ii' That we James J. Hauer 1 of Shakopee f f . , , — -- _- - _ .__._._.... State of h1�.nnesota _ , as Principal, a •I: � __. ... . . 1 ' and the STATE SURETY COMPANY, a corporation duly licensed to do business in the State _ P7innesOta 1 ' '' 2 — f a a as Surety, are held and firmly bound unto the __City_ _______ o f _ Sh •1� /i1 'J`1 f akopee 1 L�`, pAi nn •n i f1 i State of _ p i v(_ — Ti ousaf(] area no/100 G f1.'1 t n "` S f " Ob li gee, i the penal sum of _ A l ( $ �, - 000.00 -- DOLLARS, lawful ‘ '� ' ) I money of the United States, to be paid to t said Obligee, for which payment well S and Truly to be made, we bind ourselves and our legal representatives, jointly and severally by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the said Principal has been licensed 1 as a house mover i 1� � - -- by the said Obligee. j NOW, THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws I ' and ordinances, including all Amendments thereto, appertaining to the license or permit applied for, then this obligation 4 to be void, otherwise to remain in full force and effect until ecemb_.r 1Z, 193_0_, unless renewed by Continuation .4 I "� i Certificate. t. i - This bond may be terminated at any time by the Surety upon sending notice in writing, by certified mail, to the clerk. 1 .1.1 of the Political Subdivisbon with whom this bond is filed and to the Principal, addressed to them at the Political Subdivision 4 . p, named herein, and at the expiration of thirty (30) days from the mailing of said notice, this bond shall ipso facto terminate {(1�'' and the Surety shall thereupon be relieved from any liability for any acts or omissions of the Principal subsequent to said date. ' WI' r':,' bated this 17th day of December 19_2i. � ' `� .. 1 ^M �: ( '.'�.a� A. I C f zLz.,c,c_e_t_i Witn ess' — / � Prinn•al James Hauer ,{ rm 1 9 .,:q Witness Principal ( 3 •fi 1 - STATE SU COMPANY fL / � ' _) ' 0 9 f " } ' Ronald L. F e 3.1 , Altornoy -in -tact f ;1; 2538 (Roy. 5/74) _ I I�� • dl. • �" c �=^ s S ; = --. 11 \\ ' _ Tr :'r ' T c- s r , f lurce at1U el1 et't.. - • In Testimony Whereof, l have hereunto subscribed my name and affixed th.e corporate seal of the said Company, this _ 17 tIa,1y of December _, 1979 , m • Assistant Seer .tury 8 NI A 1" • 2588 (Rev. 9/78) �•e,,. •e+' `` c of ell 41 ,,. CITY (0S F S , 0 .i � �; %a.`. j ` b ti lV V i 5. . , ,„ 12 9 East First Avenue, Shakopee, Minnesota 55379 ... J `, t • ti� , ,4r4ALL4c.).> MEMO Tp Mayor and City Council FROM: LeRoy Houser SUBJECT: K -mart valuation DATE: November•28, 1980 There is a discrepancy in K- mart's valuation figures and T am planning on holding up issuing the Certificate of Occupancy until this discrepancy is settled. Action Recommended: . Concur:;with Building Official's decision to delay the issuance of Certificate of Occupancy until discrepancy in valuation figures have been settled. , (I will be present at this Council meeting for further information and explanation.) LFH:plk • M E M O TO: Mayor and City Council FROM: LeRoy Houser RE: Land Value Estimate, Block 30 DATE: November 13, 1980 At your request I have completed a preliminary appraisal of the the railroad property located on Block 3C, 0.S.P. The site contains 29,625 sq.ft.; two full lots, 9 & 10 and irregular shaped parts of lots 6, 7 & 8. To estimate the value of the subject site, I have used two methods. First I have used the Land Residual Technique. This method requires figuring out how much of the land could be used for building and how much is required for parking. Under our ordinance, of the 29,625 sq.ft. total land area, it aggregate building size permitted would be 11,850 sq.ft. It is assumed by this appraiser the optimum use would be a one story retail or office building or small shops building. Assuming this is correct, 90 %.of the proposed building would be leaseable with 10% assigned to rest rooms, exits, etc. This would leave 10,665 sq.ft. of gross leaseable area. It is an accepted fact by market rental data that in all "probability this space could command $8.00 per sq.ft. of gross rent. It is also fact that a project of this type could be built for $28.00 per sq.ft. of gross building area. Thus 11,850 sq.ft. @ $28.00 = $331,800.00 Income Projection: 10,665 sq.ft. @ $8.00 85,320 Less vacancy 5% 4,266 Effective Gross Income 81,054 Less Expenses 22% 18,000 Net Residual Income 63,054 Less Return to Improvements: Property Interest 1.2 ° Recapture 2.5 0 14.5% Y ti Page 2 Thus: $331,800 @ 14.5% 48,111 Net Residual to Land 14,943 14,943 : 12% = 124,525 INDICATED LAND VALUE = $124,500 SALE #1 Legal: Lot 5, except N 65.4' thereof, Block 24, 0.S.P. Size: 60 x 77.5 = 4,650 sq.ft. Sold: January, 1979 Sale Price: $23,000 Sale Price.Per Sq.Ft.: $4.94 Location: Equal Zoning: Commercial Will normally sell for more per sq.ft. than the subject due to small size. SALE #2 Legal: East 120' of N 150' Block 2, East Shakopee Size: 120 x 150 - 18,000 sq.ft. Sold: January, 1979 Sale Price: $65,000 Sale Price Per Sq.Ft.: $3.61 Location: Superior + 5% SALE #3' Legal: Lots 4 & 5, Block 24 East Shakopee Plat Size: 120 x 142 = 17,040 sq.ft. Sold: November, 1977_; Sale Price: $53,000 Sale Price Per Sq.Ft.: $3.11 Location: Superior Page 3 • SALE #4 Legal: Same Lot as #3. Resold in December, 1978 for $61,500. Price is $3.60 per sq.ft. COMMENT: This price increase in 13 months was $.49 per sq.ft. The increase indicates a price trend factor of about 1.23% per month or nearly 15 %. SALE #5 Legal: W. 60' of E 180' of N 15C', Block 2, East Shakopee Plat Size: 60 x 150 = 9,000 sq.ft. Sold: April, 1979 Sale Price: $41,300 Sale Price Per Sq.Ft.: $4.55 Location: Superior + 10% Adjustment Process: The actual prices paid are adjusted to the subject for time of sale, location and physical characteristics. The only significant physical differences is in size. They are similar in topography soils, street services, utilities and elevations and no adjustments are made for these features. The time -of -sale adjustment is made first to adjust the sales up to market levels, considering the stagnation in the real estate market due to lack of available financing and high interest rates. 1.23% per month is an excessive index in my opinion and 1% per month will be used in this report. The comparables are further adjusted for size and location. The purpose for the adjustment is to develop the prices these properties would bring as of the date of the appraisal had they been equivalent in all significant characteristics. 9-<- Page 4 Location Sq.Ft. Time Current Physical Net Inde Price Date Adjust Price Adjust Adjust Subj SALE #1 4.94 1/79 + 10% 5.43 - 20% - 20% 4.34 SALE #2 3.61 1/79 + 10% 3.97 - 5% - 5% 3.77 SALE #4 3.60 12/78 + 22% 4.39 - 5% - 5% 4.17 SALE #5 4.55 4/79 + 18% 5.65 - 10% - 10% 5.39 Indicated most probable selling price of subject site if sold as a unit $4.50 per sq.ft. or 29,625 sq.ft. @ $4.50 = $133,x12 SAY $133,300 I ^ CSC- 2- Page 5 RECONCILIATION & FINAL VALUE ESTIMATE The following values were found: Land Residual techniques: = $124 or $4.20 per sq.ft. Market Comparison': = $133,300 or $4.50 per. sq.ft. The land residual is a hypothetical situation which is based on a number of known facts. However, in my opinion is slightly subjective considering projections of income and expenses are based on past rents, expenses and costs and with todays rate of inflation tends to reduce the final value conclusion. The market approach as used required very little adjustments and are reflected buyers actions in the market place. Therefore it is my opinion the most probable selling price of the subject property in a competitive market with both buyer and seller being informed and acting prudently and not under duress would be $4.50 per sq.ft. • • r/7' •■`-• . .. i 1 ��' ,F. /. ,r (.1..v . • r f )� mi l ,r • ': n.r • \J l ` • ) ) 'i df •, 5 _ ii. r Ir ...�.. • 1 F 1 t4 0, _=f ' 1 ` = -1 t - t 1 \ �f f ,;; i 1' - 1 = .. • y:1 c 1 1 \:,, s T ill - . _ ,,, :r -- ..a.tr- i \t , -- t :•• • t , 1 .. ( 3 - ,(,!s • -• -.. • • 31'1 s 1 L .' • :- • - , 0 �' •• J .. _ - _ rr • - r -• 1 1. .1 of . - -(F..• - -- � -,r - `.q 1 - '1,1\71 � Ili //� I r PA •- VI- '---- I Z- • � ' { Q �r ` ` .. I q , 7 \ ' 1`-'Y 1, -- J r ��J 'u _- - .• - g.,.:--.'�r .. .. • 'I . "I = 0 • t ,1'- -r^ I, L.. mil 'y, , 1r,. .• ^ •••• ' r• 7 • y l • •∎ .• 1 L .; I 71 {' j i4 '� 1.- ' r1r t.cn ■ ' } I . • • \ ` , ' ^ ! ,1 . ' y .. .- t ' - - _ c 7, t 4 : 1 ~ ' ' -._ , .1• 4. 1 '`\ ` { tr yf- -1 1 `1 i^ t q 1 =� t_S- '« ; r-tr�s- • I • V r1 M ' �� 1 ` a l'-� t — ' , 1 1 - '� i ^ N. , ~ 11 + � ? lr.lr t-- —_. , '.ct-a:r,�... -- � 7 I // -' . I %' •1 —' 1r - r.. _ - _ r ' _ ® 1 , it • , 1t_+ .. rr-T.tit ' ' -- . i _�1.�' 1 , I . I 4 t• ,, laci - tom ' 4 .. + _.. _-•. _.., . • . • t. 1 1 11 r }Lf t _- ' 1.• , _.• 1 - ' - � I ' _ / i I ' � 1, r ,� Jt t - _ -1 -• l • .• � __._ Y � • t • —1 Y • -� T - Y ` : v v. ., 1,t,‘ i 1 t, l I. .._ 1 1 I a -- L - I :r.f.•e..' 1 • O j j , , • r1. e i'1 j t i 1 - N ' ': 4 f •• ••• e, Y' '.• +r i >n" 1 `; r _ ..- - t " 1 , �i.1 � 1 -- t f t - 1 ■ I • , �E,ti: c 1 • IMMO '''' - 1f i , g , . . ,. .. , • . _. " _.:, . .. , , , . , : . ., : • , , • .. ... . . _ ir CITY OF S A OP E f':: :.•.,:.:';:: INCORPORATED 1070 l'�: _.._ «._ .... •.._..... ,,.' pI•i''i''. 129 E. First Avo. Sliakopoo, Minnosota 55379 (612) 445-3650 ''f(•' ' November 2.1 , :1.980 �c 1.• Board of Managers Prior Lake - Spring Lake WaL(:rr:; )eci 1.):1.str'1.ct Scott - Rice Telephone 13u :i,1 di ng Prior La'k e, MN 55372 RE: Lake Outlet - Project W.D. 76- -)I Gentlemen: ' On November 2 1, 1980, the City Engineer, City Planner and myself met with Bryce D. I District Attorney and Bruce A. Paterson, District Engineer. The purpose of the meeting was •to public hearing of November 22, 1980, and to , determine what testimony the City' desired to give at that hearing'. The'pCity of Shakopee has supported and will continue to support the proposed Prior Lake Overflow Project so long as the Watershed District and the City can enter into an acceptable Joint Powers Agreement which would 'provide for the following: : a) Acquisition of right -of -way; b) Design and construction of facilities; c) Maintenance; •d) Liability for claims resulting from acquisition of right -of -way, design and construction, or maintenance. The City appreciates the concern the Water District has shown for the property within Shakopee affected by the proposed overflow and appreciates a close coordination of that part of the project within the City of Shakopee. Sineri•C:Ly, • • 51 Tom 13rown Acting C:i:t Administrator HRS/ j iw • a h >> c � ,' rI j �� rl An Equal Oppo(lunily Employer /rl • MEMO TO: John Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Interfund Transfers DATE: November 28, 1980 Request Council approve the following interfund transfers from the Revenue Sharing Fund to the General Fund as provided for in the budgets. Fire Department Minnesota Warner Pump and Reel $ 3,960.00 Superior Ford Cab /Chassis 19,788.00 Engineering Department Motorola • Radio 955.17 IBM Typewriter 1,441.20 • Police Department Varda Silent Alarm 1,497.07 Uniforms Unlimited Body Armor 1,216.00 Uniforms Unlimited Body Armor 420.27 Iten Chevrolet 3 Squads 21,123.00 Deputy Registrar License for squads 95.25 Park Jeep Inc. 4x4 Squad 8,584.45 Ziebart Rustproof 4x4 186.00 • Teherance Doyle 4x4 Screen and Bumper 263.85 Shop Department Auto Technology Engine Analyzer 4,996.00 Park Department Goulds Groundskeeper 4,198.00 Edwin Johnson Corp. Riding Mower 8,996.00 Street Department Superior Ford ST Dump Truck 35,215.00 Itasca Equipment Side Wing 2,100.00 McMullen Co. Underbody Blade 2,150.00 Hayden Murphy Sander 1,057.80 Hayden Murphy Plow 3,064.52 $121,307.58 GV /jms _ ____.. _ __ -_ ___T _ ___ - //9 MEMO TO: John Anderson, City Administrator FROM: Gregg Voxland, Fiance Director RE: Lease of Police Administrative Vehicle DATE: November 28, 1980 The Police Department has been leasing a car for administrative use. The lease is up at the end of the year. There are funds budgeted for the lease of another car for. 1981. Request Council to authorize staff seek quotations for a one year lease of a car for the Police Department according to the attached specifica- tions. GV /jms attachment / • Yv The City of Shakopee is soliciting quotations for the leasing of one automobile to be used for Police investigative transporta- tion. The lease shall be for one year with a current year model being furnished from January 1, 1981 to June 30, 1981 and replaced with a second vehicle of the same specification from July 1, 1981, to December 31,, 1981. The City and vendor may mutually agree to a ° more frequent replacement of the vehicle. Vehicle mileage will not exceed 1,000 miles per month. The vehicle is to be covered by the manufacturers complete warranty for the period of the lease. Specifications: One (1) 1981 Model Body Style: Two or four door Engine: 250 CID minimum, 2bbl carburetor Transmission: 3 speed automatic Tires: Radial (5) Features: Power brakes Power steering Interior hood release AM pushbutton radio Factory installed air conditioning Tinted glass - all windows Remote left hand exterior mirror Body side molding Rear window defroster Cigarette lighter Deluxe wheel covers • License plates to be furnished and included in price The City will provide insurance coverage for the vehicle and a certificate of insurance will be furnished to the vendor. Please submit your quotation to Gregg Voxland, Shakopee City Hall, 129 East First Avenue, Shakopee, MN 55379, by December 10, 1980. • • c /Y MEMO TO: Tom Brownell, Acting City Administrator FROM: Judith S. Cox, Deputy City Clerk RE: Vacation of Easements In Minnesota Valley 3rd Addition DATE: November 28, 1980 - Blocks 3 through 7 of Minnesota Valley 3rd Addition have been replated into Minnesota Valley 4th Addition. The developer has provided the City with a drainage and utility easement covering the plat of Minnesota Valley 4th Addition. Before the plat of Minnesota Valley 4th Addition can be filed, the easements in Minnesota Valley 3rd Add'n., Blocks 3 through 7, must be vacated. Action Recommended: Adoption of Resolution 1755, Initiating The Vacation of Drainage and Utility Easements Herein Described and Fixing A Time and Place for A Public Hearing on the Proposed Vacation. The appropriate resolution will be prepared for Council consideration on December 2nd. jc f L 0 RESOLUTION NO. 1755 A RESOLUTION TO INITIATE VACATION OF DRAINAGE AND UTILITY EASEMENTS HEREIN DESCRIBED AND FIXING A TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED VACATION WHEREAS, the plat of Minnesota Valley 4th Addition, which has been approved by the City of Shakopee and presented to the County Recorder for recording, is a replat of Lots 3 through 7 of Block 3, Minnesota Valley 3rd Addition; and WHEREAS,. the City has received from the developers of Minnesota Valley 4th Addition, all necessary drainage and utility easements, and WHEREAS, it has been made to appear to the Shakopee City Council that the drainage and utility easements lying within Minnesota Valley 3rd Addition to the City of Shakopee hereinafter described will serve no public use or interest after the filing of the proposed plat of Minnesota Valley 4th Addition. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY f OF SHAKOPEE, MINNESOTA, that a hearing will be held in the Council Chambers in the City Hall of the City of Shakopee on the 6th day of January, 1981 at 8:30 o'clock P.M. or as soon thereafter as can be heard on the proposed vacation of the drainage and utility ease- ments in Lots 3 through 7 of Block 3, Minnesota Valley 3rd Addition to the City of Shakopee. BE IT FURTHER RESOLVED, that two weeks published notice be given by publication in the SHAKOPEE VALLEY NEWS and two weeks posted notice be given by posting a copy of such notice on the bulletin board on the main floor of the Scott County Courthouse, on the bulletin board in Shakopee City Hall and on the bulletin board in the lobby of the First National Bank of Shakopee. Adopted in session of the Shakopee City Council held this — day of , 1980. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1980 City Attorney MEMO TO: Mayor and City Council "" FROM: H. R. Spurrier City Engineer RE: Partial Estimate Voucher 4 DATE: November 28, 1980 Attached is a copy of Partial Payment Estimate No. 4 to Barbarossa & Sons, Inc. for partial payment in the amount of $28,729.66. This payment is for the Holmes Street Reconstruction Project. The Engineering Department delayed the pay estimate in order to revise the original contractor request amount. In making this revision, the pay voucher did not make the billing cut -off date,for the November 18, 1980, City Council meeting, therefore, payment is now being recommended for authorization at the December 2, 1980, City Council meeting. jiw Attachment PARTIAL ES'TTNIA'T'I? VOUCHER ; Contract No. 80 Partial Estimate Voucher No. II I'cri.od Ending: October 31, 1980 TO: Contractor Barbarossa & Sons, Inc . • Address Route ;, Box AH, Osseo MN . ._55369____ Project Description Holmes Street Reconstruction Project 1. Original Contract Amount 4; 935,143.70 2 . Change Order No. Thru No. -0- 3. Total Funds Encwnbered ;I 935 , 14 3 . 7 0 h. Value of Work Completed $ 7 8 4 6 8 2 , 2 0 5. 5 Percent Retainage $ 39,234.1]. 6. Previous Payments $ 716,718./13 • 7. Deductions or Charges $ -0- i 8. Total • $ 755,952.5 Payment Due (Line l - Line 8) • 28,729.66 CERTIFICATE OF 1 AYMi fI'i.' (1, We) hereby agree that the quantity and value of Work shown herein is a fair estimate of the work/ completed to date. ' CONTRACTOR: fa'22.4.d-e+--<-6---v4 d s R c� -a EVIEWED BY SHAKOPEE P PUBLIC UTILITIES COMMISSION BY TITLE: - Mann rer 1 APPROVED - CITY OF SIiAKOPEE Date City Engineer City Administrator Finance Director PROPOSAL SCUEDU�_E 7e PF Cr NnME __f�olm�s S�., cc i_econ _ , t_ipet:7on _.._ OY.' fl _ -_C_i Y_. of__Shal;or�ee,, _I11 ►`� - - -_ - -- TYPE OF�wORK= S-t0t_m_.SLlle.r-_, r- t c- -.cnn.S.tr.uc.i_iOn -.._ t�rroJ- NO. __.S_P• -- 1 66.102-•01. -- sltr_E _ - L of 1 F n{ CONTRACT 17 (r,� • - - .. _.. -. _ .... -- - .- - -•_._ _ - -- - ---- • - -- -- - - - - -- ---• UNtT UNIT CONT T r No. -_ -- - -- � Pr tr( a : QUA nl.tCwraT - -- Quan ty Amou l•.atormain ..___ -• 1.601 6" DIP, Cl 52 Li' 12.00 75 900.00 . 3 4 .(101 8" DIP, Cl 52 LF 13.00 1890 24,5/0.00 Z- 3o - c1 > l .601 12" DIP, C1 52 I. if • 15.00 760 11 , 4 00 .00 8 c; Y, , 3 32 c .614 Fire Hydrant Assembly EA 800.00 1 200.00 1 .:4:c.c .622 6" Ga Leval ve EA 300.00 12 3,600.00 t a •,- ;-oc. 1 .622 8" Gatevalve EA 400.00 7 2,800.00 I ( -cY, :.622 12" Gatevalve EA 650.00 1 2,600.00 ?> i >>c • .625 DIP Fittings LB 1.00 4600 1,680.00 w 5 1.626 Relocate 6" Gatevalve EA 200.00 1 200.00 0 c) t. :.626 Relocate Hydrant EA 500.00 4 2,000.00 U �, • 630 insulate llatermain . LF 9.00 950 8,550.00 53 -7 E373. .640 __ ower Wa to rma i n EA 1,000.00 6 6 000.00 TOTAL WATERMAIN 70,500.00 . a ?at.6 Sanitary Sewc. 3.511 4" Pipe Sewer, Extra ! Ilea vy CI LF 16.00 1680 26,880.00 1�i -'3 C • 2..2.158v.. 3.511 8" Pipe Sewer, 0 -8 LF 36.00 150 5,400.00 0 v 3.511 8" Pipe 8 -10 • LF 37.00 215 9,065.00 Co 6,' ' 244-2 - 4 3.511 10" Pipe Sewer, 0 -8 LF 24.00 .60 1,440 :00 0 0 • 3.511 10" Pipe Sewer, 8 -10 LF 2.5.00 160 4,000.00 2-5 L 3.511 10" Pipe Sewer, 10 -12 l_F 26.00 1615 41,990.00 i4? Z - 36 - 7 . 3'2.(.1 3.511' 10" Pipe Sewer 12 -14 LF 27.00 70 1,890.00 4 3 •__ 3 c .c. 3.571 Install 4" ,outlet Wye EA 75.00 20 1,500.00 2-7 2.c,Z.;,y 3.571 Install Connection to Existing Service Line EA 12.0.00 5 •a; +2 � ,040.00 > > - 4ZLv.cj 1 .59 8 I Const, uct IiH, Shakopee Standard EA 300.00 6 1,800.00 '� «� G - a 1 ^...r o-w.. . .1^.c!"•`^' ^•ar .: ` ':-.-:t:'!•�.t!P^.' :4_r..,u.... ....t?. rnsc^.:+a.?Kaebrgn•r�+rM... ?ROPOSAL SCHEDULE - , . • .:,,;;,- PROJ EC Y NAME Ho 1 me s .5. t r_ q gL.Re cp.!) 5 trt_f (;.t. ton _ ova It: ri _. _City Qf _Shithve.pim_________ TYPE OF WORK It9 gwe .2.....gtc..,.._c91) sInkii; t 1...Q.a_ r .ri 0J. NO. S, P3 • SHE. ET OF .... _ ________ _______ . 11 Ent CONTI1ACT i 1 Ent 11141r um: i .... _ c 0 (mind 1074, pTera: n 1 ( E Wilk WI 1 TY AmOuN T QUcThtilyJAuio ------------------------- * San i fa ry Sewer (con tin ued) )6•‘: 508 Construct NH, Add '1. Depth LF 80 .00 17 1 ,800 .00 " - a • )6.50 1 Cons truct NH, Drop Sections EA 900.00 7 6 , 300 . 00 • a 7 2. . . .50E Construct NH, Add ' 1. Depth of Drop LF 100.00 2 ,.. 200 .00 TOTAL SAN I TARY SEWER . 109 ,865 .00 oc-)5e?) Storm Sewe r )5.515 Unclassified Excavation CY 8.00 165 1,320.00 :1.501 Structure Excavation, CT R CY 19.00 2897 5 5,043.00 - 2 8? L'- : I: I .1 .502 Concrete, Nix No. 3A/15A 5. P 5 , 0 0 0 . 0 0 1 25,000.00 , ! 3 . 5 1 1 1 8 " RC Pipe Sewer, 0-8, Cl 1 1 1 LF 23.00 568 1 3,064 .00 •2_ C 1 . 773. ::3.511 21" RC Pipe Sewer, 0-8, Cl III LF 24.00 93 2,232.00 0 0 - : 3 . 5 1 1 24" RC Pipe Sewer, 0-8, Cl 1 1 1 L F 30.00 53 1 ,590.Q -3.511 42" RC Pipe Sewer, 0-8, Cl II I LF 65.00 50. 3,250.00 0 C> -7 2 cc.) . c 3 . 5 1 1 42" RC Pipe / Sewer, 8-10, Cl 111 L F 66.00 50 3,300 .00 0 . $ / '3.511 48" RC Pipe Sewer,' 0-8, Cl II I LF 68.00 1088 73,984.00 84-7 57 73 2 ., 3.5H 48" RC Pipe Sewer, 8-10, Cl III LE 69.00 732 50 ,508 .00 ." 7 d 6,(0D3c3.4 1 3.511 60" RC Pipe Sewer, 0-8, Cl III LF 101 .00 181 1 8,281 .00 • Ye-: , t5B.c-; 3 . 5 1 1 60" RC Pipe Sewer, 8-10, C l ' i i LE 102.00 177 18,054.00 :3.521 73" .RC Pipe Arch Sewer, 0-8, Cl MA LF 180.00 20 3,600.00 3.521 88" RC Pipe Arch Sewer, 0-8 • C1 WA LF 195.00 193 37,6 35.00 1 ? C 24- •14; . 3.521 88" RC Pipe Arch Sewer, 8-10 Cl I I I A LF 200.00 371 74 ,200 .00 3.521 88" RC Pipe Arch Sewer, 10-12 C1 II IA LF 205.00 199 40 , 795 .00 - 2. .3 * Z-- 1 -4-1 .56 .• I . . . • . . • - • _ PROPOSAL SCHEDULE J e .r......:,...,.;: r `; PRO.it:cT Nr,M _Holmes_ Str_ee _Recons_i _on ---- o'/NF:f — _______C -I ty_q.f—S1 - 0L o.p.e.a.,_JJ T YPE OF . WORK ._ Storm serer, etc. cons trur_tior pfo J. NO. _.5:.P _ 166.1.02__01__._— 3 OF rTEm CONTRACT ITEM U NI I U (7O NT nACr ldork Completed N0. PRICE UUANTaY AMOUNT _ -- _..� -_` __ _ _ — — - - - - - -- _ _ __ .— ..__ _ _ -- ...._ --- - --- (1 u a n 1, i i y I Amq Ian Storm Sewer (continued) 33..521 88" RC Pipe Arch Sewer, 12 -14 ° Cl IVA LE 2.50.00 40 10,000.00 C) 0 Install 88" RC Pipe- Arch, . 4 piece Bend EA 8,000.00 2 16,000.00 ._ i(.,:ooO J3.571 Install 88" RC Pipe Arch by 48" RC Pipe Reducer EA 3,500.00 1 3,500.00 i ')6.508 Cons truct NH, Design 3, Tec, 88" RC Pipe Arch w /Specified Side Outlet EA 3,600.00 2 7,2.00.00 ..Z -12430., ' 06.508 Construct t•NH, Design J, Tee, it 48" Pipe w�t -4 ?_" Outlet & h once -42" 90 Bend G EA 3,000.00 1 3,000.00 1 • -2 .>cc� a . 36.508 Construct t•1H, Tee w/36" Stub EA 1,600.00 1 1,600.00 i (,:ou. . ;1)6.508 Construct t'lanhol e EA 1 ,'100.00 5 5,500.00 4 440a.' 36.509 Construct Catch. Basins EA 900.00 10 9,000.00 --- I cf ? as . TOTAL STORt'1 -SEWER 477,656.00 • Roadway 1 f 33.502 Clearing EA 200.00 9 1 , 800.00 you. 31.507 Grubbing EA 85.00 9 765.00 1 Z(:, :s•e , `14.501 Remove Pipe Culvert LF 4.00 561 2.2.44.00 r C 311-L)8• c )4 .501 Remove Curb & Gutter LF 1 .50 6746 10,119.00 < 7Z4 6LF, Y_(r, c 34.503 Remove Sidewalk SF • 0.2.0 25230 5,046.00 . _2 2 375 -f-� 9 ' .14. 505 Remove Pavement SY 0.40 24503 9,801 .20 -- Lb •.--;- 2 - 7 .G )5.501 Common Excavation CY 1 .50 16784 25,176.00 10 C OC) i`-oZ). )5.523 Common Borrow CY 3.80 2 725 10,355.00 — 7 Z ' • 4 4) :1 .505 Aggregate Base, Cl V TON 3.75 8392 31 ,470.00 (I 7 `y Z 44-22- .( ;l .511 Binder Course TON 16.50 2056 33,924.00 /l -5 7 S .75 2.' ■ • • I T 1 t • •7::; ,,...)..,.C. I Ni......: )! (.;!. ''t .:..!.....±•(". C: 0 :j !... i.r ! . ' ...;. I. P. . (.: j 1. ..Y t . ‘v0: 5U IT) :. e L: . cow:: riA.',. tio ) J) P . ! 66-1'Y:7, ....... sHE ET •.. . . . . . . ..... ...................... .. .. ......... ..... .........._......... 11 cm c, (1 iirm ',1 1 ; 1 c 0 u TilAr.: T tIor k Conol ... ..._ No. 1 :, I ( ; 1 (.•!):. HI 1 i l I /./.:(.nt T QUM:LILY AI! . .. i . ........ .......... ( coil t: i II I:C•ti) I i I ! Course .10t; 1 .'1) ).'; '.'11•1 12,":'.20.00 (-2) • I ' Al .51,8 i',.■ t . 1•;i x for Pa t.c11 in y 1 ii,Ji : ! I ■ 1 i 1„/1 ?. 1 , G61 .00 .....-; , • . I • • I ? 1" CcncroLe WaR '.:1 I i . • , . .., • ?.., , 1 76 .0f) (;•>(•)c• ' 7 - 2_. c I i i 1 I ! i , i CP . 0;) 1 4 '4:-"C.(3. •41-<:CI: ..', i . 0 I C 0: i C re i.:: C rb (:t: t 'Lc. r 1.1: 1 • ..• I ....)(11 o Loncre te Dr', ve l',•:veir,. t. !',Y 1 ;':' .0.; 1 :;;'9 1 6 , 1 38.00 I I t ..: i . :,41 1 r Colic re to Dr i vey.,ay SY : ; .•!:: I . I • *21 .:.; 0" Concrete Cro;m S', e 5.. 1 „,,,,, .,. i • ti M00 .00 -- --? •-, -2 . ■ - 1 I ; :) . :i.):.) . q SY I .•: 1 ;-;9:.■ 1)2 ,090 . 50 . 1 . 7 0 0 le I 1 7 1 1 • I i TO1AL ROAD:•IAY 109,865.00 . ic6(3o511-1 .1•Iii rilh in 0 '300 .00 EGT8, : Si i La r')/ S ewe r i 1 1 1 • . . rin Sel...e r / 7 ' ! I i 656 .00 1 tc. (0 6 1 I 7 7 j _ I 1 • , 1 - i . 1 ()TA!. L ON i _ --) 0.) , 1., . I . i . I ; 1 1 i t , 1 . • 1 , 1 , . . t I ; 1 , i I I ; ; , . i 1 1 ; I 1 1 i i, 1 I , l: PA N D TO T AL WORK "i() DATE P t 1 I 1 ; I i I i I I i . : ... , . .., • • 0 . . . . ' ii „ .,.,,,.... _,_ . .. .. ________________. ' ........,. .. ... . .... ... . .... . .:. , . : : :::-.. ...,:::: .... .. _ 7•........:.::-It:: :,:•.: • •;:.;.•; • . . 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The short survey has been distributed with the December utility bill to all customers of Shakopee Public Utilities. The social and civic organization survey was distributed to selected community groups. The two -page survey was sent to approximately 300 Shakopee families selected at random from the Shakopee telephone book. The committee will use the results of the surveys when drafting the format for Request For Proposals (RFP) to be dis- tributed to cable companies. JA /jms attachment • a b Cable television offers many channel selections beyond w the five you now receive. Some of these additional o 4 z' o channels are listed below. Check the column that best o describes your interest. �ti t ti OQ , y a 4 O a) Independent TV stations from distant cities such as New York, Atlanta and Chicago b) A 24 hour sports station c) A 24 hour news station d) A 24 hour weather station e) Computer games . f) All night movies . g) First run movies (Example: Home Box Office) h) Local programming i) Local. community announcements j) Children's programming k) Religious network.broadcasts,_ 1) Educational.:cour'ses _ -_ m) Local government proceedings__ - n) Senior >.citizens Programming - -- . o) -Other: CITIZENS' CABLE COMMUNICATION SURVEY OF NEEDS Thanks for completing and returning this survey with your December utility bill. Please call Jeanne Andre at 445 -3650 if you have any questions about this survey. Would you subscribe to cable TV if it were offered to your community? YES NO Though you may not subscribe, do you feel cable TV would be beneficial to your community? YES NO Which cable television service package would you prefer? (check one) n A service that provides community, educational and governmental access pro - a gramming if this service was provided free except for an installation fee. I A service that offered 20+ channels of ,programming such as a station from b Atlanta, religious programming, a news wire, sports from Madison Square Garden, and live hearings from Congress, for a charge of.$6 to $10 per month plus installation. IA full - service package that provides all the previously mentioned services c plus more sports programming, children's programming; first run movies, and informational services for $15 to $20 per month plus installation. cam CITY OF SHAKOPEE , � . INCORPORATED 1870 1-3-0,-, 4 $ai.�•" 129 E. First Ave. - Shakopee, Minnesota 55379 (612) 445 -3650 410* November 24, 1980 Dear Community Leaders: The Shakopee Ad Hoc Cable Communications Committee is very interested in getting input from the various civic and service organizations in Shakopee. We need this information so we can obtain a cable system that will be responsive to the community's and your organization's needs. Would you please take a few minutes and complete the attached questionnaire? If you have any questions, please feel free to contact members of the committee, whose names and numbers are listed below. We would appreciate return of the completed survey by December 30, 1980. If this deadline is a problem for your group, please let us know when you can reasonably complete the question- naire. Thank you for your cooperation. Sincerely, AD HOC CABLE COMMUNICATIONS COMMITTEE R. Gene Fbudray, Chairman 445 -2356 Eileen Christensen 445 -7142 Lillian Abeln 445 -1743 Barry Kirchmeier 445 -6208 Randy Gorman 445 -1711 Lee Davis 445 -4516 /jms enclosure The Heart of Pro Valle An Equal Opportunity Employer . I f Cti CABLE COMMUNICATIONS SURVEY Civic and Service Organizations 1. Does your group feel our community has any needs or problems that cable TV can help? Yes No If yes, what need or problem most concerns you, and how might cable TV help? 2. Identify your group and the person to whom future information regarding cable TV should be referred. 3. Does your organization have a need or problem that cable TV might help? Yes No If yes, please identify the need or problem. How might cable TV help to solve it? 4. Assuming a cable TV system is franchised for Shakopee with 'free program time available, would your organization use it? Yes No If yes, explain the nature of the programming anticipated and estimate the frequency of use. Daily Weekly Monthly Occasionally S. If local control is retained over the public access channels, as opposed to management by the cable TV company, would your organization be interested in participating in a governing committee? Yes No 11/20/80 CITY • OF SHAKOPEE 1870 it • ,... 1 129 E. First .Ave. - Shakopee, Minnesota 55379 (612) 445 - 3650 Cable TV can offer: Local Cable Origination * 24 -hour local weather radar * time /weather scan November 1980 * message wheel /community bulletin board * channel guide • * public access (individuals, nonprofit organize- Citizens of Shakopee: tions and civic groups) * educational access (credit and non - credit In May of this year, the City Council of the City courses, adult continuing education, home of Shakopee, appointed an Ad Hoc Cable Communica- bound instruction, school board meetings) tions Committee, to advise the Council of certain * governmental access (city council meetings, aspects of franchising a cable communications in- service training, traffic light contiol) system for our community. * leased access (commercial and non - commercial) The committee would like to introduce you to the * regional channel y * cable company programming concept of cable communication and to the efforts * news ticker (local, state, regional) currently being undertaken. Cable TV offers un- * Sports ticker limited horizons in family viewing, and represents a whole new era in communitive media. With this * stock ticker (business and financial information) letter is a list of just some of the services, * institutional network (medical /health, cultural, Cable TV can offer. educational, governmental) * two -way interactive Before Cable Television can become a reality in Local and Regional Off - the -Air Broadcasts our community there are nine specific steps which :oust be completed. To date the committee has * focal TV channels (commercial, public) steps completed four of these s and we are now ask- _ * distant TV stations (via microwave and p p from translators) ing for your cooperation and assistance in step number five. Please complete the enclosed ques- * AM, FM, and Shortwave tionnaire and return it in the enclosed envelope. Via Satellite * first -run and classic movies (family and R- rated) Only after all of the steps are completed can the * senior citizen programming actual cable be set in place. Once the cable is * childrens' programming .nstalled, each resident will have the choice of * U. S. House of Representatives (gavel - gavel) 0.onnecting to the system. Depending on the level * religious networks of service, you the customer selects, it is anti- * sports specials and networks cipated that the monthly charge will be roughly * foreign language networks equivalent . to your basic telephone bill. * night club entertainment specials * distant TV "Superstitions" Please feel free to contact any of the following * distant radio signals committee members if you have any questions or * national /international wire services display concerns regarding Cable Television or the enclos- (do - scan video) ed questionnaire. Other Services Our committee meetings are open to the public, * talking books (services for the blind) and we invite your participation. Thank you for * video games (play cable) completing and returning the questionnaire. * computer access and computer based learning * stock information retrieval service Sincerely, * captioned programming for hearing impaired AD HOC CABLE COMMUNICATIONS COMMITTEE * data display (bus schedules, airport arrivals) * power load control (monitoring) and meter R. Gene Foudray - Chairman 445 - 2356 reading Eileen Christensen 445 -7142 * civil emergency alert Lillian Abeln 445 -1743 * fire, burglar and medical alarm to authorities Barry Kirchmeier 445 - 6208 * facsimile mail, eletronic delivery of daily • Randy Gorman 445 - 1711 • newspapers Lee Davis 445 - 4516 * high -speed data transmission * banking, shopping transactions, credit card verification * traffic light control The Heart o f Pro Valle An Equal Opportunity Employer CITIZENS' CABLE COMMUNICATION SURVEY OF NEEDS Thank you for completing and returning this survey by December 15, 1980. This survey may be returned via U.S. Mail (postage prepaid) or to the City Hall or Public Utilities Office. Please circle answers 1. Would you subscribe to cable TV if it were offered to your community in the near future? YES NO 2. Even though you may not subscribe, do you feel cable TV would be beneficial to your community? YES NO If you circled yes to either of the above, would you please take a few minutes to complete the following questions: 3. Are you 18 years or older? YES NO 4. What is your sex? Male Female 5. Cable television has the advantage of bringing many television stations into your home with near perfect reception. Would • this be an important factor in your decision to subscribe to cable television? YES NO 6. Which cable television service package would you prefer? (check one) A service that provides community, educational and govern - a ment access programming if this service was provided free except for an installation fee. 1 1 A service that offered 20+ channels of programming such as b a station from Atlanta, religious programming, a news wire, sports from Madison Square Garden, and live hearings from Congress for a charge of $6 to $10 per month plus installa- tion. I IA full - service package that provides all the previously c mentioned services plus more sports programming, children's programming, first run movies, and informational services for $15 to $20 per month plus installation. 7. Cable television offers many channel selections beyond the five you now receive. Some of these additional channels are listed on the following .page. Check the column that best describes your interest. • r • b o j ° 4 CO • � dic On a) Independent TV stations from distant cities such as New York, Atlanta, and Chicago b) A 24 hour sports station c) A 24 hour news station d) A 24 hour weather station e) Computer games f) All night movies g) First run movies (Example: Home Box Office) h) Local programming i) Local community announcements j) Children's programming k) Religious network broadcasts • 1) Educational courses m) Local government proceedings n) Senior citizens programming o) Other: • 8. Two -way capability gives cable television many additional options such as home security systems, computer terminals, voting, and health monitoring. Although many of these options are still in the future, should our community's cable television have this capability? YES NO 9. A "self- addressed" capability provides an option for such subscriber to pay a single fee for a specific event such as a special concert, opera, or sporting event like a champion- ship fight. The fee would be paid only by those wishing to view the event and all others would be blacked out. Would you like such an option? YES NO 10. Can you suggest groups within the community that might be interested in using the public access channels? 11. Comments: Law Offices of /! KRASS, MEYER '8c KANNING Chartered; Phillip R. Krass Shakopee Professional Building Barry K. Meyer 1221 Fourth Avenue East Philip T. Kanning Shakopee, Minnesota 55379 (612) 445-5080 MEMORANDUM TO: The Honorable Mayor and City Council of Shakopee FROM: Phillip R. Krass DATE: November 26, 1980 SUBJECT: Developer's Agreement with Chard Realty, Inc. Dear Mr. Mayor and Members of the Council: I received a phone call on Thursday, November 20th,from William Chard, developer of East View First Addition, relative to the requirement under his October 31st, 1979, Developer's Agreement with the City of Shakopee. The particular difficulty which Mr. Chard addressed me with is the question of whether or not he, Mr. Chard, should be required to deposit 150% of the remaining principal balance of any assessments on any one particular lot in order to obtain a building permit. The 150% requirement is contained on page 5, paragraph VII(c) • "Payment Method 1 ". Mr. Chard reasoned that since the City had not completed all of the public improvements for which the assessment was made, he should not be required to fulfill the provision of the contract. In particular, the blacktop has not been put down in East View First Addition. The following day, November 21st, I met with the Mayor and acting Administrator, Brownell. We discussed the conversation I had with Mr. Chard. The Mayor indi he had also had a discussion with Mr. Chard on the 20th, and Mr. Brownell indicated he had had a discussion with Mr. Chard earlier that week. After consultation with the City Engineer, it was hoped that the.blacktop in East View First Addition would be .put.down, yet this calendar year. That appears now, however, to - impossi=bl The information I relayed to Mr. Chard is that no staff member was in a position to release Mr. Chard from his obligations under the Developer's Agreement, that only the City Council could do so. Mr. Chard responded that he felt his obligation under the circumstances would be to pay over only 100% instead of 150% of said assessments and in return receive a building permit for the lot in question. The City Council will be faced with the prospect of dealing with Mr. Chard's request to amend the Developer's Agreement. The issue facing the City is one which was not previously possible since before the 1980 amendments to Chapter 429, projects were not assessed until they were completed. Now, however, the statute provides that we may routinely levy assessments prior to ordering the project.and, therefore, we may often be faced with a situation where the assess- ments have been levied for work not yet completed. Since our office was involved in drafting the form "Developer's • Agreement"for Shakopee, I would like to point out several items. The Honorable Mayor and City Council November 26, 1980 Page 2 1. The Developer's Agreement authorized two methods for the developer, at his option, to, pay the special assessments. Payment Method No. 1 provides that before the transfer of any lot or issuance of a building permit, the developer will pay to the city 150% of the remaining principal balance of all special assessments against that lot. Payment Method No. 2 provides that the developer give the city cash up front in the amount of 10% of the total estimated assessments and thereafter, deposit 100% of the assessments against a particular lot prior to issuance of a building permit. Mr. Chard chose payment 'Method No. 1. Keep in mind the theory of both payment methods is to make sure the city (and through the city future homeowners) don't get stuck with any of these assessments. We want to make certain, therefore, that the total amount of assessments are paid before all of the lots are sold so that we are not faced with the situation where the remaining 10 or 15% of the unsold..lots may be of such poor quality that they are never sold, and the assess- ments, therefore,; are not paid in a manner which will assure that we do not have to use other funds to pay off the bonds. 2. This developer chose to have the city do virtually of the public improvement projects. Paragraph VII of the Developer's Agreement simply indicates that the City Council will do those improvements in a manner consistent with Chapter 429 and other applicable statutes. No time limits were placed in the Developer's nor,to the best of my knowledge, were any requested. The developer, therefore, has always faced the risk that the public improvementvrojects the city was responsible for might not be completed as rapidly as the developer desired to have them completed. The developer had the option of handling the improvements himself according to any timetable he selected. Singe I suspect this question will arise again in the future, the decision you make with respect to this developer, may well set a precedent which is morally, if not legally, binding on you in the future. The developer has raised with me the possibility of litigation if we fail to provide him with building permits upon payment of 100% of the assessments. I will be happy to answer any other questions in this matter should they arise. Yours very truly, KRASS, MEYE KANNING CHARTERED / � l %P R. Krass PRK:ph • MEMO TO: Mayor and City Council FROM: H. R. Spurrier City Engineer RE: West Side Flow Allocations DATE: November 28, 1980 Pursuant to request of City Council in meeting November 18, 1980, attached is map indicating the distribution of the flow allocation in the west side utilities area. Note that area E -1, a part of the Kmart site, actually overlaps area G. The overlap is due to the fact that the property owner, Watson Construction, platted an area larger than was originally proposed as the Valley Mall parcel. Also note, area G -1 extends outside the original allocation boundary. This was done when Minnesota Valley 2nd Addition was platted. Ordinance No. 49 will help to alleviate the confusion and conflicts in the west side allocation district because the City will be able to require clarification of allocation distribution and approve the distribution prior to any platting or issuance of building permits in the allocation district. 1 RECOMMENDATION Adopt Ordinance No. 49. HRS / j iw DOCUMENT #1 1 ? , "// AGREEMENT WHEREAS, the Shakopee City Council did adopt on the 22nd day of February, 1977, Ordinance No. 386 which placed limitations on discharge in sanitary sewer and allocated said discharge among certain property owners located in the City of Shakopee; and WHEREAS, Watson Construction Co., a corporation organized under the laws of the State of Minnesota, owns one of the parcels described in said Ordinance No. 386, to -wit: that parcel identified as "PARCEL G ", to which 400,065 gallons per day of allocation was allotted and which parcel was legally described as follows: 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 p Southwest Quarter and the southeasterly boun- dary 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 south- easterly and at right angles to said south- easterly 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, toge- ther 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 quarter lying between the south- easterly boundary line of U.S. Highway 169 and the northwesterly boundary line of Legislative Road 300, and That part of Government Lot 2 lying south- easterly 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, accord- ing to the United States Government Survey thereof; and t + L r 4y7Ati "" tl if.Yi➢ n,1 1 ifi6l' w�.,4` Y akit `. 1,"'� 3 ` t s ,' # ; +e . " "- ' s,,. i� �, � . it ,t1, ..._ � ��C. �raFI h.� ni � ny . .pe?T " --.4 h' , .r„rm -0i. / . WHEREAS, James F. O'Neill, for himself and his assigns, has . acquired an interest in a second parcel described in said Ordinance No. 386, to -wit: that parcel identified as "PARCEL A ", to which 9,450 gallons per day of allocation was allotted and which parcel was legally described as follows: The southeasterly 218 feet of that part of the Northwest Quarter (NW4) of the Northeast Quarter (NE4) of Section 11, Township 115, Range 23, Scott County, Minnesota, lying northwesterly of the centerline of Legisla- tive Highway No. 300, as measured perpendic- ular to said centerline, excepting therefrom • the following described parcel of land: Beginning at the intersection of the west line of said W; of NE1; with the centerline of Legislative Highway No. 300; thence 590 • 32' E. along said centerline a distance of 451.19 feet; thence N 31 04' W, a'distance , of 241.20 feet; thence S 63° 19' W, a dis- • tance of 296.19 feet to the west line of • said W2 of NE4; thence south along said west line to the point of beginning; and WHEREAS, said James F. O'Neill desires to purchase and apply to • the abode- described Parcel A 10,000 gallons per day flow allocation owned by Watson Construction Co. from the flow allocation provided by Ordinance No. 386 for Parcel G, which 10,000 gallons per day flow allocation Watson Construction Co. desires to sell to James F. O'Neill; NOW THEREFORE, it is agreed by and between the parties as follows: 1. For the sum of Ten Thousand Dollars ($10 paid by James F. O'Neill, the receipt and sufficiency of which is hereby acknowledged by Watson construction Co., Watson Construction Co. does hereby sell, transfer and assign to James F. O'Neill for use on the above - described Parcel A 10,000 gallons per day of the flow allocation granted to Parcel G in said Ordinance ,No. 386. Said sale, transfer and assignment shall be unequivocal and Watson Construction Co. does hereby direct the City cif Shakopee and its staff to amend City, records to reflect the fact that said 10,000 gallons per . day flow allocation is being transferred from said Parcel G to said Parcel A. 2. Watson Construction Co. does hereby guarantee and warrant that it has sufficient flow allocation remaining for Parcel G to perform the sale,transfer,and assignment'set forth in Paragraph 1 above. IN WITNESS WHEREOF, James F. O'Neill and Watson Construction Co. • • have executed this Agreement for sale, transfer, and assignment at Shakopee, rit Minnesota, this 9 day of May, 1979. .-- " " ? ) i .__,- Jarr es F. O'Neill '.. 9 -.. .. :- , ,._.. ., ..... .. ,.... •.. . s• z• a= %..x,v.+.....�.....,� - sy... 'T'Yixsvta.nnray._.. x =.rn+:.C11: , rr: ;- ww,+ns+p - s:Y N - , ' ' • WATSON CONSTRUCTION CO. • /, ► /2 ti 7 ';rederick 0. Watson, President By: • Richard B. Weigel, S(:tretary STATE OF MINNESOTA) . ( ss. COUNTY OF SCOTT ) On this day of May, 1979, before me, a notary public within and for said County, personally appeared James F. O'Neill, to me known to be the person described in and who executed the foregoing instrument and • acknowledged that he executed the same as-his f.ee act and deed, �. • Not0 y• public / ��••�• JOHN M. MA NAHAN • NOTAAY PU8LIf3 - MINN �GTA • SCOTT COUNTY STATE OF MINNESOTA) • '``- �• ' Mr Oontmle3lonExplmsMu.10, t9A1 ( ss. COUNTY OF HENNEPIN) On this day of May, 1979, before me, a notary public within • and for said County, personally appeared Frederick 0. Watson and Richard B. Weigel, to me personally known, who, being each by me duly sworn, did say that they are respectively the President and Secretary of Watson Construc- tion Co., the corporation named in the foregoing instrument, and that said instrument was signed in behalf of said corporation by authority of its • Board of Directors and said Frederick 0. Watson and Richard B. Weigel acknowledged said instrument to ,be the free act and deed of said corporation. C . Notary Public � ,. ALV M. LINK , NOT'NRY PUBLIC - MINNESOTA H ENNERIN COUNTY My Commission Expire* A IL 111 • - 3- • DOCUMENT #1 AGREEMENT - WHEREAS, the Shakopee City Council did adopt on the 22nd day of February, 1977, Ordinance No. 386 which placed limitations on discharge in sanitary sewer and allocated said discharge among certain property owners located in the City of Shakopee; and WHEREAS, Watson Construction Co., a corporation organized under the laws of the State of Minnesota, owns one of the parcels described in said Ordinance No. 386, to -wit: that parcel identified as "PARCEL G ", to which 400,065 gallons per day of allocation was allotted and which parcel was legally described as follows: 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 boun- dary 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 south- easterly and at right angles to said south- easterly 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, toge- ther 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 1.00 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 quarter lying between the south- easterly boundary line of U.S. Highway 169 • and the northwesterly boundary line of Legislative Road 300, and That part of Government Lot 2 lying south- easterly 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, accord- ing to the United Stages Government Survey thereof; and _ jel - Lt�'J65u d1 'A ' 3 f ,l t. f:. .,' i.:ri. 1,. ley 1 .l Gx .C:.11 lfitrgif . , .0 1 g4.^`' rL. / t WHEREAS, James F. O'Neill, for himself and his assigns, has acquired an interest in a second parcel described in said. Ordinance No. 386, to -wit: that parcel identified as "PARCEL A ", to which 9,450 gallons per day of allocation was allotted and which parcel was legally described as follows: The southeasterly 218 feet of that part of the Northwest Quarter (NW of the Northeast Quarter (NE4) of Section 11, Township 115, Range 23, Scott County, iinnesota, lying northwesterly of the centerline of Legisla- tive Highway No. 300, as measured perpendic- ular to said centerline, excepting therefrom the following described parcel of land: Beginning at the intersection of the west line of said W; of NE4; with the centerline of Legislative Highway No. 300; thence 59 • • 32' E. along said centerline a distance of • 451.19 feet; thence N 31 04' W, a'distance • • of 241.20 feet; thence S 63° 19' W, a dis- tance of 296.19 feet to the west line of said W1 of NE4; thence south along said west line to the point of beginning; and WHEREAS, said James F. O'Neill desires to purchase and apply to the above- described Parcel A 10,000 gallons per day flow allocation owned by Watson Construction Co. from the flow allocation provided by Ordinance No. 386 for Parcel G, which 10,000 gallons per day flow allocation Watson Construction Co. desires to sell to James F. O'Neill; NOW THEREFORE, it is agreed by and between the parties as follows: 1. For the sum of Ten Thousand Dollars ($10,000.00) paid by James F. O'Neill, the receipt and sufficiency of which is hereby acknowledged by Watson Construction Co., Watson Construction Co. does hereby sell, transfer and assign to James F. O'Neill for use on the above - described Parcel A 10,000 gallons per day of the flow allocation granted to Parcel G in said Ordinance No. 386. Said sale, transfer and assignment shall be unequivocal and Watson Construction Co. does hereby direct the City of Shakopee and its staff to amend City records to reflect the fact that said 10,000 gallons per . day flow allocation is being transferred•from said Parcel G to said Parcel A. 2. Watson Construction Co. does hereby guarantee and warrant that it has sufficient flow allocation remaining for Parcel G to perform the sale,transfer,and assignment set forth in Paragraph 1 above. IN WITNESS WHEREOF, James F. O'Neill and Watson Construction Co. • • have executed this Agreement for sale, transfer, and assignment at Shakopee, Minnesota, this q day of May, 1979. dames F. O'Neill • nit :,,,.,.,... _ WATSON CONSTRUCTION CO. 1 .1 -(/) 7 " . fe e al q t (L ) ' 61 . ' rederick 0. Watson, President . By: ! /'.c•o ,,/ , /1J / /_:,..,,..-- Richard B. Weigel, Sec_retary , STATE OF MINNESOTA) , ( ss. COUNTY OF SCOTT ) On this � ?' day of May, 1979, before me, a notary public within and for said County, personally appeared James F. O'Neill, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same a5- -his f.ee act and deed 7 . / /1-4-- / Nota y ublic JOHN M. MANAHAN NOTARY PUBLIC - MINNESOTA "^ » i SCOTT COUNTY STATE OF MINNESOTA) .. ' MyCon'mis on Expires Mar. ti°''ee1 ( ss. COUNTY OF HENNEPIN) On this 9ddaY of May, 1979, before me, a notary public within • and for said County, personally appeared Frederick 0. Watson and Richard B. Weigel, to me personally known, who, being each by me duly sworn, did say that they are respectively the President and Secretary of Watson Construc- tion Co., the corporation' named in the foregoing instrument, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors and said Frederick 0. Watson and Richard B. Weigel acknowledged said instrument to ,be the free act and deed of said corporation. • . Z2 ..l.e. Notary Public � ...:.� AL\J A M. LINK �� ` • . NOTI RY PU - MIDJ►dESOTA HENNEPIN COUNTY My Canml,slon Explrurr App. 10. 13 i ■ • - 3- t f ( C.-'' ' ' • • 111, 1 st t 4 :4 ., 60--.:‘.........,,, gni 1 . 1.... 1 '4 g_.. ..._, ir , ,,,... 5 1(1 - *T R t 0 , (4) . el_ , to 70 2 lik. ., .... , . i ..,... al 1111 cq I P - 52 . _ E ., cs• 5:03- ,... - I r> 0 - . ..' •••• . : •••••••-•-- 1 ,, C5 k: i todA .... ji . .., .41. Kith AV 4- 335' =10" 334'-Id' • • 6 1 1 . • i _ ,, I .. 3) I Z. ........ 1 _ in . LP .3- ........ , ,,,,,-- 0) i 14- 40 f - EDWARD a GRACE 1 . 4 V V ic SWEENEY SCHOOL --..,„ ,,,, .,..... • --- -- • .- .. 4 Di CHRIST . Nr 43 . LOTH. ST ..._. ..... . , CHURCH MARKS if) CEM. ... .... . ._. . _ ......-...„, 7 It ICI Z 320 254' • • • ! . .........i._ _....._...... .... • 4. um --- iP ••••• MON/C{PAL ........._ .. . 4 0 _ • .. POOL cr. 44 ...t i 44- "-- Ir • • -- ,.1 -' • 5 -8— 8 9 - . R :t. . • I • 41 • **V' . 5.: . , 7 ..1 -ito 1 4 _ ._ ..--... ..... .,,„ ........ ..... . • . . f ..1 , 0 14.4 •I1 • 1 t 1., 85 IZ. 86 . . le r "IT AVE. . Mt 5 T U <.-. . . • F P 7 ! ,, - - - 1, ' 0 ': 4 .:..i ir .. LIONS PARK s v.... , I u . /LOT • • kc . • trt C 0 . . ........... . .....__ R 1) 0 F? 4 T E _.....„........ • irs 1 k i i . . , . 1 1 • 4 t — I ttor V J:07 7 • /7/. /- Gt litCf V . e 40 • r ell / rfie' . ... . fil lig CAT1 ONV 1 . \ft, 1 1 iii.r.- ' 205' 33 A' r rt. e Cs ell 21 ,.............. -rn.* ,.,.„-,... ,..*.........-..........,..,... ............................. 5-ii , ......... Jb di/ I : k 0 N ' 11,...■■■•• . Mil 30/ i # VALLEY MALL BLOCK I - 0 I 0 i i • "0 3 N 1 t e . al I - e ......_ A _ = • et 1 ..... - A I V` i 0 T 1 i ,; k ......... . ■ : .... ,. 428r— --.% — . ---4 - V ai 1111 O / .„. Tiff rr , 4 3' 4 ) . N .P' 4 / s i/ • 4 43' ° ■ za , Awr 4 4 Ar , , 71 ii ..71 . ...... ‘,......., 0 ; ,.. —.,...... MN • _ ...si 3 ,,, • plIntare , ". - ) . • .. . 7 . ff y • G C3 . a. 2 • t OUTLOT ;',.. • tt to 4- 1 ., 1 0 - i t / 1 56T--412 • • A 1/ -- 4 13 77i 777 • 1 \ A 32 ' 6 I 6 q 4 0/V 1 ., r ......J ..,.., _ .._ _ ..„.....,____, r _ T; __. / , , „ c . i . , , ._ MEMO TO: Mayor and City Council FROM: H. R. Spurrier City Engineer , — --- _- ----r—. --....-,--c,--rr--„, --- 19,45o gpd peak ! , 9,450 + 10,000 A.. :.... = peak ilil . 6,3oo 6,300 gpd pea B = C 11,550 11,550 gpd peak 4 1' ..,41 D 12,000 12,000 gpd peak E & El 82,500 ... . = = 82,500 gpd peak F 10,365 = 10,365 gpd peak ' G 400,065 - 10,000 1 - 101,850 2 - 30,4503 = 257,765 gpd peak !•.:, G1 = 110,850 gpd peak 't G2 101,850 30,450 TOTAL = 31,50 pclg1Deals = 541,230 gpd peak 44 . • . itg 1. Document 1 Attached f l 2. Document 2 Attached t d peak) = 30,450 gpd pe 3. 29 lots (3.5 p.e./lot) (75 g.p.d./p.e.) (4_&:_pt77(717____ ..,..._. . ,,,...._ ,, , .„.„. . ,... if , . _, .,., — ._....,.... ...---_,-:—.-,---rici.- approval -- - ff.b Assistant City Attorney where it had been submitted first for his reviewal. Also attached is Ordinance No. 28, so that the change can be easily noted. • ORDINANCE NO. 28 /l am ORDINANCE AMENDING CHAPTER 3.21 OF THE SHAKOPEE CITY CODE Be it ordained by the City Council of the City of Shakopee as follows: Section 1 - Section 3.21 of the Shakopee City Code, formally Ordinance number 386, filed as abstract document number 154681 in the Office of the Scott County Recorder and as torrens document number 15991 in the office of the Scott County Registrar of Titles, is hereby amended to provide a new Subdivision 6 as follows: Subd. 6. Records. The flow allocations as herein before set forth are subject to transfer by and between the affected parcels and are further subject to creating specific designated flow allocations within each individual parcel. No such transfer or specific designation of said flow allocation shall be effective and recognized by the City unless and until an agreement is entered into by and between parties affected thereby, and a signed copy of which agreement is filed with the office of the City Engineer for the City. The records kept by the City Engineer shall be deemed conclusive and final with respect to said flow allocations and all building permits issued within the controlled area shall be issued in accordance with flow allocation records in the office of the City Engineer. Section 2 - This ordinance shall take effect upon its passage and publication. Adopted in adj.r.eg.session of the Shakopee City Council on the 17th day of July, 1979. Walter C.' Harbeck, Mayor • Attested to By: Z 2 Dougla'§ Re}der, City Administrator Published in Che Shakopee Valley News: 8/29/79 Prepared and approved as to form by: KRASS, MANAHAN, MEYER & KANNING Assistant City Attorneys 1221 Fourth Avenue East Shakopee, MN 55379 • a ::. 7 +. j ,y� q.N TitA 1 7f a-gi 41Rf4 . a - P, :.rS,ci �iW� S '�, ' s+f >i +7�' �,v. - " [3W `� � • • �' ,:� -. ". aHO { a ' . r v� + ,...rr?:�2� . �E�..r_�' ".... ._. !kma i� r „r, �" ti ti r .F5 -- - - -.._ .,re ..i._. _.... ....�... r- +to3 "- .... ;>u, - ��.,�..fr� .�L� ls._ � ''4 ':.,dr s • ORDINANCE NO. 49 AN ORDINANCE AMENDING CHAPTER 3.21 OF THE SHAKOPEE CITY CODE Be it ordained by the City Council of the City of Shakopee, Minnesota, as follows: Section 1 - Section 3.21 of the Shakopee City Code, formally Ordinance No. 386, filed as abstract document No. 154681 in the office of the Scott County Recorder and as torrens document No. 15991 in the office of the Scott County Registrar of Titles, is hereby amended to provide a new Subdivision as follows: Subd. 6. Records. The flow allocation as herein before set forth are subject to transfer by and between the affected parcels and are further subject to creating specific designated flow allocations within each individual parcel. No such transfer or specific designation of said flow allocation shall be effective and recognized by the City unless and until an agreement is entered into by and between parties affected thereby, and a signed copy of which agreement is filed with and approved by the City Engineer for the City. The records kept by the City Engineer shall be deemed conclusive and ±inal with respect to said flow allocations and all building permits issued within the controlled area shall be issued in accordance with flow allocation records in the office of the City Engineer. Section 2 - This ordinance shall take effect upon its passage and publication. Section 3 - Ordinance No. 28, 4th Series is hereby repealed in its entirety effective upon passage and publication of this ordinance. Adopted in session of the Shakopee City Council on the day of , 19 Walt C. Harbeck, Mayor Attested to By: John Anderson, City Administrator Prepared and approved as to form by: KRASS, MEYER & KANNING Assistant City Attorneys 1221 East Fourth Avenue Shakopee, MN 55379 Published in the Shakopee Valley News: