Loading...
HomeMy WebLinkAboutSeptember 10, 1980 TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA SEPTEMBER 10, 1980 -- WEDNESDAY -- Mayor Harbeck presiding 1] Roll Call at 7:30 P.M. 2] 1981 General Fund Budget a] 7:30 P.M. - Planning Budget b] 7:45 P.M. - Engineering Budget c] 8:00 P.M. - Finance Budget d] 8:15 P.M. - Assessing Budget e] 8:30 P.M. - Miscellaneous Budgets f] 9:00 P.M /- Public Works Budget 3] Discussion of Developers Agreement for Halo Second Addition 4] Res. No. 1685, Receiving Report, Ordering Improvement & Preparation of Plans and Specifications - TH 101 Trunk Watermain 80 -11 - Tbl 9/2 5] Res. No. 1687, Ordering Report on Improvements for Halo 2nd (80 -10 9I 6] Res. No. 1688, Receiving Report, Ordering Improvement & Preparation of Plans and Specifications - Halo 2nd (80 -10) 7] Res. No. 1689, Approving Plans & Specifications and Ordering Advertisement for Bids - Halo 2nd (80 -10) 8] Res. No. 1690, Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessment - Halo 2nd (80 -10) 9] Res. No. 1698, Amending the 80 -3 Holmes Street Assessment Roll 10] Revised Civil Defense Emergency Plan 11] Accept resignation of Civil Defense Coordinator and appoint replacement 12] Res. No. 1695, Initiating Vacation of Pierce Street from 3rd Avenue to 4th Avenue 13] Res. No. 1699, A Resolution Authorizing Condemnation Proceedings For 80 -4 Gorman /CR -16 Sanitary Sewer, Watermain Improvements 14] Res. No. 1700, A Resolution Authorizing the Leasing of City Property For An Ice Arena 15] Res. No. 1701, A Resolution Authorizing the Installation of a Watermain Along CR -16 Within The Tax Increment Project (:mart) 16] Res. No. 1697, Awarding Bids for the 80 -9 Weinandt Acres Improvements 17] Res. No. 1696, Awarding Bids for the 80 -5 Third Ave. Watermain 18] Res. No. 1702, Accepting Land from the Metro. Waste Control Comm. 19] Other Business: 20] Adjourn to Tuesday, September 16th, 1980 at 7:30 P.M. Douglas S. Reeder • City Administrator Law Offices of 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 MEMORANDUM TO: The Honorable Mayor and Members of the City Council and City Administrator of the City of Shakopee FROM: Phillip R. Krass DATE: September 10, 1980 SUBJECT: Change in Developer's Agreement There has been a request by the developers of.Halo Second Addition for a modification of our present Developer's Agreement. As you may recall, our present Developer's Agreement authorizes Plan "A" improvements (those done exclusively by the developer), Plan "B" improvements (those done exclusively by the City under Chapter 429), or a combination of Plan "A" and Plan "B ", together in one project. The present Developer's Agreement in paragraph VIII(F) authorizes, upon City approval, of a switching of some or all of the improvements designated as Plan A to Plan B, or from Plan B to Plan A. There is, however, no provision for the mechanism of switching from one plan to another. As you can see from the attached change to paragraph VIII(F) there is very little change in the language of the present Developer's Agreement. We have, however, drafted a second agreement which sets up the mechanism of the change. Basically, when changing from Plan B (the City doing the project) to Plan A (the Developer doing the project), the Developer will deposit in a bank an actual cash.escrow of the amount the Developer would have had to deposit under paragraph VI(B) if the Developer had started this project as a Plan A project. Into that escrow account, the City will deposit any amounts it has received as a result of the deposits required under paragraph VII, the paragraph governing Plan B improvements. Under that paragraph, as you will recall, the Developer has either deposited with the City ten percent of our estimated total assessment for all Plan B improvements, or else has deposited with us cash in the amount of 150% of the assessments levied against a particular lot as a result of the City doing the work. Consequently, the City may already have some cash deposited with us to cover those costs. We are agreeing to put that cash into the escrow account since otherwise, we would be requiring double escrow accounts. - Once the escrow account is established in the amount of 125 %.of our engineer's estimate of the entire cost, *the Developer can proceed to have his contractor do the work. The City must approve all bills in writing before the bank is allowed to pay the contractor. Once the contractor has completed his work and been paid, the balance of the escrow fund will be disbursed in the manner provided in paragraph VIII(C) of the original Developer's Agreement, meaning it shall be retained to guarantee maintenance unless or until the contractor provides a main- tenance bond under that paragraph.VIII(C). - • It should be noted that the City has the right to dissaprove of any contract or any contractor the Developer proposes and we may do so for any reason whatsoever. It should also be noted that the City may proceed with any Chapter 429 hearings so that we have a back -up mechanism to the contract or contractor proposed by the Developer. All of our costs in this regard will be paid from the escrow fund. A special note about building permits. Building permits may be issued despite the fact that the improvements are not yet completed since we have the funds to complete them. The first 50% of the lots in this particular plat for which building permits are issued will.not.be subject to assessments for any . improvements in case our escrow is insufficient to pay the cost of those improve- ' ments. The last half of the lots, however, will be subject to such assessments if our escrow is' insufficient. This will. solve the circular problem developers have of not being able to provide the escrow until at least some lots are sold and having to guarantee good title to.the first couple of buyers so that the developer may be paid for the lots'and use that' money to provide the City with the needed escrow amounts. I would recommend that when developers get to the point where they have a willing buyer who will pay cash for the lot, which cash the developer intends to use to provide the City with the needed escrow, that the City issue a letter of intent to issue a building permit upon the providing of the needed escrow. Then the buyer will know that all he .has to do'to obtain good title and a building permit, is to provide the.funds to usedty the developer to create the escrow that we demand. Without a mechanism such as that, the theory of our Developer's Agreement breaks down in practice. I offer no opinion as.to whether or not you ought to provide a mechanism for this switch in mid - stream from the City handling the improvements to the Developer handling the improvements. That is for you to decide, I believe, however, that if you do wish to provide the option for the switch, these changes will protect the public's interest. It is anticipated, of course, that this change will be a permanent one in our Developer's. Agreement, not simply for Halo Second Addition, but for all future subdivisions. The point to be remembered is that the City will control whether or not such a switch is allowed and may decide not to allow the switch for any reason it deems fit and proper. � Yours very /tro1 y, f KRASS, MEYER KANNING CHARTERED • JD R�Krass • PRK:ph File #1- 1373-98 Enclosure • • • AMENDMENT TO CITY OF SHAKOPEE'S DEVELOPERS AGREEMENT Paragraph VIII(F) will read as follows: "(F) It is agreed and understood that the Development, at its option, is authorized to enter into this Agreement providing for some Plan A improvements and some B improvements. At such time as the Developer may choose after the execution of this Agreement, the Developer may, in writing, request that some or all of the improve- ments originally designated as Plan A improvements be changed to Plan B improvements. Upon approval by the City Council and in . written confirmation by the City Administrator, changing from Plan A to Plan B in accordance with this paragraph shall be authorized. It is specifically agreed and understood, however, that no changes made in accordance with this paragraph will in any way reduce, lessen, obviate or cancel in any way, manner or form the provisions or requirements of this Agreement respecting improvements under Plan A made prior to such change. In the event the Developer wishes to change some or all of Plan B improvements to Plan A improvements, then it shall apply in writing to the City for such changes and the City in its sole and absolute discretion may enter into a 'Plan B to Plan A Change Agreement' which shall be attached hereto as Exhibit 'A' and incorporated herein by reference." • • PLAN B TO PLAN A CHANGE AGREEMENT • THIS AGREEMENT is entered into this day of , 198 , by and between the City of Shakopee, a municipal corporation, organized under the laws of the State of Minnesota, hereinafter called "City" and • hereinafter called "Developer ". WITNESSETH: WHEREAS, the City and the Developer have entered into a "Developer's • Agreement ", dated the day of , 198 ; and, WHEREAS, said Developer's Agreement affects the property described on Appendix A attached hereto and incorporated herein by reference; and, WHEREAS, Paragraph VIII(F) of said Developer's Agreement authorizes the City to agree to enter into a "Plan B to Plan A Change Agreement" at the City's sole and absolute discretion; NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. The following improvements are hereby changed from Plan B to Plan A: 2. A cash escrow shall be established at the time of this Agreement pursuant to VI(B) of the Developer's Agreement, provided that A. The escrow shall be established with the following bank ( "The Bank ") rather than with the City and the Bank shall be exclusively responsible for the management of said escrow in manner herein- after set forth: B. All sums paid to date by the Developer to the City under paragraph VII(C) with respect to the improvements specified in paragraph (1) above shall be paid over to the Bank to be held in the escrow account, and shall be credited against the amount required to be escrowed by the Developer. C. An escrow agreement shall be executed herewith among the Developer, the Bank and the City providing as follows: 1. All bills approved in writing by the City for material, labor or equipment provided in connection with the installment of the imporvements in paragraph (1), or for City inspection fees in connection therewith, shall be paid forthwith by the Bank out of the escrow fund. 2. Upon completion of the improvements (as approved in writing by the City) the balance of the escrow fund shall be disbursed as provided for in Paragraph VIII(C) of the Developer's Agreement. 3. The City shall have the right to approve or disapprove said contract in all respects including, but not limited to, the contractor selected by.the Developer, and the completion date agreed to in said contract. The City shall have the right to make such approval or disapproval in its sole absolute discretion for whatever reason it deems advisable. If the improvements in paragraph (1) above are not completed by the date or dates anti- cipated in the agreements with such contractors, the City may proceed to complete those improvements as though under the original Plan B. At such time as the City elects under this paragraph to proceed under Plan B it shall notify Bank, in writing, and the Bank, after paying from the escrow fund any amounts due to contrac- tors (pursuant to the escrow agreement) shall pay the balance of the escrow fund over to the City to be held by the City to complete and pay for the improvements and to apply against any assessments levied as a result of those improvements. 4. City is authorized at its option to proceed with any necessary hearings, procedures or advertisements for bids required for Plan B improvements so that such improvements may be expeditiously completed should the City proceed under paragraph (3) above. All costs thereof shall be paid out of the escrow created herein. Upon completion of the improvements as set forth above, the balance of the escrow fund shall be disbursed as provided for in paragraph . VIII(C) of the Developer's Agreement. 5. Building permits may be issued despite the fact that improve- ments are not yet completed. Lots for which building permits are issued shall not be subject to any assessments for the improvements (1) above in the event the City elects to return to Plan B under paragraph (3) above; provided that this exemption for assessments shall apply only to a lot shall leave remaining at least fifty percent (50 %) of the lots in said plat against which the City is authorized to levy assessments for any amounts expended before the improvements in excess of the escrow created herein. Potential purchasers of lots within this plat are placed on notice of the possibility of this assessment. -2- 6. It is understood by and between the parties hereto that this Agreement shall be filed in the office of the Scott County Recorder and shall constitute an encumbrance against the property described on Appendix "A ". IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be duly executed the day and year first written above. CITY OF SHAKOPEE By Mayor and City Administrator DEVELOPER By Its and Its STATE OF MINNESOTA) ) ss. COUNTY OF SCOTT ) On this day of , 198_, before me a Notary Public, within and for said County personally appeared and , to me personally known, being each by me duly sworn, did say that they are respectively the Mayor and the City Administrator of the City of Shakopee, the municipal corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and and acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF SCOTT ) On this day of , 198_, before me a Notary Public within and for said County, personally appeared and , to me personally known, who, being each by me duly sworn, did say that they were respectively the and the of the corporation named in the foreging instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public -3- J am{ APPENDIX "A" (Legal Description) • RESOLUTION NO. 1685 A Resolution Rece=ving A Report Ordering An Improvement And Preparation Of Plans And Specifications Trunk Watermain On S.T.H. No. 101 80 -11 WHEREAS, pursuant to Resolution No. 1679 of the City Council adopted August 26, 1980, a report has been prepared by William Price, Suburban Engineering, Inc., with reference to the improve- ment of S.T.H. No. 101 by watermain from the line of Cretex Indus rial Park 1st Addition to the east line of Hall's 1st Addition, �• : , �, r& A. 1.04 / t received by the Council on r`Y ; and WHEREAS, the Council has considered the improvement of said lv i S.T.H. No. 101 in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improve- ment pursuant to Minnesota State Statutes Chapter 429 at an estimated cost of the improvement of $ ; and WHEREAS, the Council has received letters signed by all property owners abutting said improvement waiving their right to public • hearing; and WHEREAS, the Council, has received all easements required for construction of the improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such improvements are hereby ordered as proposed in the report... dated 2. William E. Price,' Suburban Engineering, is hereby designated as the engineer the improvement. He shall prepare plans and specifications for the making of such improvement. ' 3. The work of this project is hereby` designated as part of the 1980 -11 Public' Improvement Program. Adopted 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 7 \ 6 RESOLUTION NO. 1687 A Resolution Declaring Adequacy Of Petition And Ordering Preparation Of Report Improvement Of Halo 2nd Addition 80 -10 WHEREAS, the Council has received a petition from property owners of Halo 2nd Addition; and WHEREAS, the Council has received letter from property owners abutting said improvements waiving their right to public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1.' A certain petition requesting the improvement of Halo 2nd Addition by roadway, watermain and sanitary sewer is hereby declared to be signed by the required percentage of property owners affected thereby. The declaration is made in conformity to .Minnestate State Statutes Section 429.035. 2.' This petition is hereby referred to. Henry R.:1Spurrier, City Engineer; and he is - instructed to report to the City Council with all 'convenient speed advising the Council in a preliminary way as to whether proposed improvements are feasible, as to whether the proposed improvements should be made as proposed or in connection with some other improvement, and the estimated cost of the proposed improvement as recommended. Adopted in session of the City Council of the City of 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 RESOLUTION NO. 1688 .(E; A Resolution Receiving A Report Ordering An Improvement And Preparation Of Plans And Specifications Halo 2nd Addition By Roadway, Watermain,:Sanitary..Sewer;•.Service And Storm Sewer Construction 80 -10 WHEREAS, pursuant to Resoution No. 1687 of City Council adopted' , a,report has been prepared by Henry R. Spurrier, City Engineer, with reference to the improvement of Halo 2nd Addition, all roadway, sanitary sewer service, watermain and storm sewer construction,4received by Council on and WHEREAS, Council has considered the improvements of said Halo 2nd Addition in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvements pursuant to Minnesota State Statutes Chapter 429 at the estimated cost of the improvements of $ ; and WHEREAS, the Council has received a letter dated signed by all property owners in Halo 2nd Addition waiving their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY • OF SHAKOPEE, MINNESOTA: 1. Such improvements are hereby ordered as proposed in the report dated 2. Henry R. Spurrier, City Engineer, is hereby designated as the engineer for the improvements. He shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 1980 -10 Public Improvement Program. 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 N.. r RESOLUTION NO. 1689 :A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids Halo 2nd Addition 80 -10 WHEREAS, pursuant to Resolution No. 1688 adopted by the City Council..on , Henry R. Spurrier, City Engineer, has prepared plans and specifications for the improvement of Halo 2nd Addition by roadway, sanitary sewer service, •watermain and storm sewer construction and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: • 1. Such plans and specifications, a copy of which is on file and of record in the office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state . that bids will be received by the City Clerk until 10:30 AM on • October 1980, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 9:00 PM, or thereafter, on October 7, 1980, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the order of the City of Shakopeefor not less than five (5 %) percent of the amount of the bid. 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. (.ifv L'fi-nrv- 'T • RESOLUTION NO. 1690 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessment 80 -10 ' (Halo 2nd Addition) WHEREAS, the City Council has received a report estimating the cost of Halo 2nd Addition improvements; and WHEREAS, the estimated cost of such improvements is $ and the estimated expenses incurred or to be incurred in the making of such improvements amounts to $ ; so that the total cost of improvements will be $ ; and WHEREAS, of this cost, the City will pay $ as its share'of•the cost. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel or land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 7th day of October, 1980, in the Council Chambers of City Hall at 8:35 PM, or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property afffected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. • • MEMO TO: Douglas S. Reeder City Administrator FROM: H. R. Spurrier City Engineer RE: Holmes Street Assessment Roll DATE: September 9, 1980 The notices for the Holmes Street Trunk Storm Sewer have been sent and received by property owners. Now that they have come under close scrutiny, the errors in assessment computations have come to light. Resolution No. 1698 amends the Holmes Street assessment to correct and adjust assessments. Most of these are properties that are in non - residential areas that are still residential uses. Please disregard Resolution No. 1698 which was included with your agenda packet. Attached is corrected Resolution No. 1698 which will be the one to adopt designating the corrections to -date. HRS/ j iw Attachment r a• sue. • , RESOLUTION NO. 1698 I A Resolution Amending Resolution No. 1670 Adopting Assessments On The . .1980 -3 Public Improvement Program (Holmes Street) WHEREAS, the City Council adopted Resolution No. 1670 on August,:2 1980, which adopted the assessments on the 1980 -3 Public Improvement Program for Holmes Street - Trunk Storm Sewer; and . , i :WS, it has been brought to the attention of the City Administrator and City.Engineer that parcel No,. 27- 001 - 0000 - 329 =00 legal description herein described as Lot 2 and West 10' of Lot 3, Block 47, Original Shakopee Plat, is currently zoned non - residential but having,a present:use as residential. NOW, THEREFORE, LET IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY , OF ; SHAKOPEE, MINNESOTA, that the assessment roll adopted with Resolution No. 1670 is hereby amended as follows: Page 25, Parcel No. 27 -001- 0000 - 329 -00 Lot 2 and West 10' of Lot 3, Block 47, Original Shakopee Plat is hereby corrected to be assessed at $312.41. . Adopted in Adj. Reg. Session of the City Council of the City of Shakopee, Minnesota, held this 10th day of September, 1980. c Mayor of the City of Shakopee ATTEST: City Clerk - Approved as to form this day of , 1980. • City Attorney • • EXHIBIT "A" Page Sq. Assess- Reason for No. Owner Description Ft. ment Amendment 27 .Charley B. Inc. L 6, B 48, OSP 14500 Shady Beach Tr. 27 -001- 0000 - 345 -00 8,520 $535.55 Error in parcel description • Prior Lake, MN 27 Charley B. Inc. L 7, B 48, OSP 8,520 $535.55 Error in parcel description CD J. C. Kohlrusch 27 -001- 0000 - 346 -00 P.O. Box 251 Shakopee, MN 55379 27 Charley B. Inc. L 8, B 48, OSP 8,520 $535.55 NotThilled to. :CD CD J.C. Kohlrusch 27 -001- 0000 - 347 -00 P. 0._Box 251, Shakopee, MN 28 CD James Allen L 6 -7, B 49, OSP 11,265 $354.05 Incorrect address listed 4818 McCall Dr. 27- 001 -0000- 355 -00 Box 162 L6 & Ei of L7 Ex N 75' Savage, MN.55378 of W 25' of E 29 Charles & Ovidia L 1 -2, B 50, OSP . 8,520 $267.77 Residential. use Cavanaugh 27- 001 - 0000 - 361 -00 321 So. Lewis Ni Shakopee, MN 35 Thomas Rein L 6 -7, B 59, OSP 6,390 $200.83 Residential use 412 Scott 27- 001 -0000- 441 -00 Shkopee, MN Si of L6 & S4 of Ei of L7 38 Marie C. Menke' L 9, B 69, OSP 7,810 $ 0.00 Assessed for West Side Storm 528 West 5th 27- 001 - 0000 - 527 -00 Sewer Shakopee, MN E 55' 52 Walter Brueshoff L 1, B 95, OSP 129.5 $ 4.07 Parcel not owned by Lila Greer 540 West 7th 27- 001 - 0000 - 701 -00 Shakopee, MN . 52 Ellen Garlock L 1 -3, B 96, OSP 13,616.8$427.96 Square foot & Assessment than€ 729 So. Apgar 27- 001 - 0000 - 705 -00 Shakopee, MN Ex N 47' 60 Joseph C. Huber L 1 -2, B 107, OSP 14,823.6 $465.89 Section land not figured into 845 Holmes 27 -001- 0000 - 796 -00 the square footage or Shakopee, MN 12 115 23 .31 AC assessment computations P/0 SE'? SE4 Sec 1 & P/0 NE4 NE4 Sec 12 Beg. SW cor B 107, E 120, S to N Line Shakopee Ave. W to S ext. W line B 107, N to beg. 79 John J. Lynch L 1 -2, B 52, OSP 9,420 $296.06 Square foot & assessment chang 409 E. 4th 27- 001 - 0000 - 377 -00 Shakopee Ex RR 11 Clairee Sheffer L 4, B 22, OSP 1,200 $ 75.43 Parcel split not designated 124 So. Holmes 27- 001 - 0000 - 148 -01 N 20' • , '�� ^.4 ` ;, City of Shakopee �' ,i; . l l �� j K ° f'�, P ®LICE DEPARTMENT I / 0 O �� �N 14E S T ;',.--,ti pY P ,,, 476 South Gorman Street lit' -) -1 1 ex.,* - ' fr SHAKOPEE, MINNESOTA 55379 . YlkILM G` E Tel. 445 -6666 t 55379 , September 3, 1980 Mr. Doug Reeder City Administrator 129 East 1st Avenue Shakopee, Minnesota 55379 Subject: Civil Defense Emergency Plan Dear Doug: The City of Shakopee is required to revise the emergency plan every two years. The revisions generally involve an update of employees and their assigned duties during a disaster. It also documents an individual departmental property inventory of available equipment and deficiencies. A deficiency report is necessary in order for the City to pur- chase surplus property should it become available. All pur- chases require Council authorization. It should also be noted that Assistant Chief John DuBois has expressed his desire to resign his duties as Civil Defense Coordinator and the duties be assumed by the Chief of Police, Tom Brownell. The plan must be approved and submitted to the State of Minnesota by September 15, 1980. Sincerely, % Thomas G. Brownell CHIEF OF POLICE TGB:dmh go cleave 7o A otsaL f ' RESOLUTION NO. 1695 A RESOLUTION INITIATING THE VACATION OF PRAIRIE STREET BETWEEN A .' THIRD AVENUE AND FOURTH AVENUE WITHIN THE PLAT OF , T EAST SHAKOPEE, SCOTT COUNTY, MINNESOTA WHEREAS, It has been made to appear to the Shakopee City Council that Prairie Street between Third Avenue and Fourth Avenue within • the Plat of East Shakopee serves no public use or interest; and WHEREAS, A public hearing must be had before such action can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, That a hearing be held in the Council Chambers on the 7th day of October, 1980 at 8:15 P.M., or thereafter, on the matter of vacating Prairie Street between Third and Fourth Avenues in East Shakopee Plat, Scott County, Minnesota. BE IT FURTHER RESOLVED, That two weeks' published notice be given by publication in the SHAKOPEE VALLEY NEWS and posted notice be given by two weeks posting a copy of such notice on the bulletin board in the main floor of the Scott County Court House, on the bulletin board in the 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 Administrator Approved as to form this day of September, 1980. City Attorney l RESOLUTION NO. 1699 A Resolution Authorizing Condemnation Proceedings For County Road•16 Utilities (80 -4) WHEREAS, it is necessary to provide sanitary sewer service in the area adjacent to the property described in Exhibit A hereto attached and it is also necessary for the construction of said sanitary sewer, 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 WI- IEREAS, 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 Exhibit A over the property set forth in Exhibit which,is hereto attached and made a part hereof. 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. 1699 • Page Two 0 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 • • • August 20, 1980 EXHIBIT "A" • 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 PASSING 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), RANGE 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•BEING.0.00 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 COUNTY ROAD NUMBER 16; THENCE NORTHWEST ALONG SAID NORTHEAST LINE TO A POINT 400 FEET SOUTHEAST OF THE INTER- SECTION 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 [ f 1 RESOLUTION NO. 1697 • A Resolution Accepting Bid On 1980 -9 Weinandt Acres 1st Addition WHEREAS, pursuant to an advertisement for bids for the • improvement of Weinandt Acres '1st Addition, all streets by roadway construction, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Minnesota Valley Surfacing, Inc. $47,207.35 M. G.' Astleford Co. 48,579.75 Alexander Construction 51,655.09 Lino Contracting, Inc. 52,425.60 Valley Paving, Inc. 56,166.71 McNamara- Vivant Construction 57,608.45 Fisher Construction Company 58,148.40 'Busse Construction, Inc. . 59,981.68 AND WHEREAS, it appears that Minnesota Valley Surfacing, Inc. of 14563 Johnny Cake Ridge Road, Apple Valley, MN, 55124, is the • lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: • 1) After the Final Plat of Weinandt Acres 1st Addition has been filed with the Scott County Recorder, the Mayor and City Clerk are hereby authorized and directed to enter into a contract with Minnesota Valley Surfacing, Inc., of Apple Valley, MN, in the name of the City of Shakopee for the improvement of Weinandt Acres 1st Addition, all streetsby roadway construction according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2) The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. ' Adopted in session of the City Council of the City • c: f ,:hakope Minne &c , Yee. d tY is day of 1980. • • Mayor of the City of Shakopee ATTEST: • Approved as to form this day of City Clerk _ 1980. City Attorney t f E i i RESOLUTION NO. 1696 i f A Resolution Accepting Bid On 3rd Avenue Watermain Public Improvement Project No. 80 -5 WHEREAS, pursuant.to an advertisement for bids for the improvement of Third Avenue from Webster to Harrison by Watermain, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Parrott Construction, Inc. $32,443.60 Barbaro'ssa & Sons 39,732.00 AND WHEREAS, it appears that Parrott Construction, Inc., of 2047 Eagle Creek Blvd., Shakopee, Minnesota 55379 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Parrott Construction, Inc., of Shakopee, in the name of the City of Shakopee for the improvement of'Third Avenue from Webster to Harrison by Watermain according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next • lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 198 • . Mayor of the City of Shakopee ATTEST: ■ City Clerk Approved as to form this day of 1980. City Attorney r fi1ETROPOLITAf1 WRITE • COIITROL COMMIllion Twin Cities Area .-si I ? A ugust 29, 1980 - City of Shakopee 129 E. 1st Avenue Shakopee, MN. 55379 Attn: Douglass S. Reeder, City Clerk - Admin. Re:, Reconveyance of Part of the Land Which Contained the Old Shakopee Treatment Plant Dear Mr. Reeder: At the January 16, 1979 meeting of the MWCC, approval was given to reconvey certain land now owned by the MWCC to the City of Shakopee. A certified copy of Resolution #79 -13 is enclosed together with a copy, of the Certified Land Survey dated May 29, 1980 which describes a 0.259 acre tract adjacent to Marschall Road in Shakopee. • Our remaining MWCC owned parcel of land contains 2.336 acres whereon we now operate a sewerage pumping station (L.S. #16) having the address 1305 E. 1st Avenue. Access to our property from 1st Avenue (i.e. T.H. 101) is via platted Marschall Road and the driveway easement described in the said survey. The described driveway, drainage and utility easements are acceptable to the MWCC. You will note by terms of the Reconveyance Agreement a land value credit or cash payment is to be made to the MWCC equivalent to that which was originally paid or credited to the City in 1971 pursuant to Minnesota Laws of 1969 Chapter 449, Section 5; Subdivision 4. Our computation on a prorated acre basis is $526.19 (using 0.259 acres over 2.336 acres giving a constant of 0.11087). Upon receipt of your City Council approval of this .259 acre reconvey- ance, our Legal Counsel Mr. David Graven, (telephone no. 338 -1177) will process the necessary Quit Claim Deed land transfer document. Very truly yours, 0 tn..- 1 ' i Ri rd J. Dough_4ty Chief Administrat.r . RJD:WES:nc cc: David Graven, Attorney for MWCC 350 METRO /OURREBLDG. B. J. Harrington 7TH & ROBERT/TREET/ K. M. Bombach /RIf1T PAUL mn 55101 612%222.8423 recuded ^ s 7 Y'J C IT MEMO TO: Mayor and City Council • FROM: Douglas S. Reeder, City Administrator RE: Watermain Repair County Road 16 Gary Schmidt DATE: September 4, 1980 The City Council requested that I investigate the replacement of a portion of the water system in front of the property owned by Gary Schmidt to determine who should pay for the repair. The following facts are apparent: 1. Mr. Schmidt was not hooked up to the water system. 2. No one can say for certain the cause of the failure. 3. The system has been fully contracted and accepted by SPUC. The following would be the alternatives for paying for the repair, estimated at about $200. • 1. The property owner could pay for the repair. 2. SPUC could pay for the repair. 3. The City could pay for the repair from the assessment fund. 4. The City could ask the engineer or the contractor to pay. • • Recommendation It is recommended that failures in a part of the water system, which have been accepted by SPUC, and which cannot be clearly found to be caused by the installation of water service to a home, be borne by the water fund. Any attempt to recover $200 from an engineer, inspector or contractor on such a job where the fault is questionable seems to me to be a waste of effort. We should strive for the best possible work on public improvements, but expect that some problems will arise. DSR /jms • • 14 �Y 1 t w' r r t 1 1 h i - 13 K 3 t League = f Women i'14 t' p Voter i i y. ,, 1 , s T 7 R s , p a :,'' , 1 t ,, +T � �' r -rh r - 4 ;i;1, 7 °,7., ,-. + � 1 . �.�i '�`� +�" � ` s rF , -''''''','4' AT SS P t 1 t 9 Y 4+' +� to x i+i A .}) T 4 3 ,S 4 r a . `a+' M A c 1 r f � t` ;. , '' r S s 7. y x r o . Q k a t ¢ J• r... sn<�et� , rt +r _.> ; , 'it' ' } d ''- . � ,. 3 3 , sp r r r �S •C ?p p a f % n r September 8, 1980 The Honorable Mayor Members of the City Council City Hall • 129 East First Aven e i Shakopee, Minnesota 55379 • Dear Mr. M and embers of the Council: The League of omen Voters of Shakopee ur es u 1 B g you to proceed with _ the purchase of add'tional land for a public park on O'Dowd Lake. We t view O'Dowd Lake as a unique resource for the Shakopee community. As much of this area a- feasible should be preserved for public recreational purposes.`; It would be a costly mistake affecting future generations to not proceed with the usage of federal and state grants for the purchase of additional land .n the lake. As members of he League of Women Voters of Shakopee, we believe • ' in preserving the n -tural environment to the extent possible by protecting land and water duri g and after development, and from development where necessary, and pres-rving open space for recreation, protection and , amenity. Sincerely, . . ' (;;L, / Joan P. Lynch, Pres dent League of,Women Voters of Shakopee Er I ; E � 1yn re ED I • SEP 1 0 1980 CITY OF SHAKOPEE • ., !q 1 / g) l C:lled Received at City Hall Regarding Lake O'Dowd Name For Against Tim and Naomi Kapsnel 2 238 South Minnesota ■treet Larry and Grace Carp -nter 242 South Minnesota .treet 2 Herb and Marge Hafnei 2 331 Shawnee Trail • • • [ 7 O'DOWD LAKE PARK LAND ACQUISITION Front Grant Year Footage Acres Grant Amount 1977 2036' 6.5 Applied For $120,000 Total 6.96 Purchased $30,000 Local Share :30,000 State Share 60,000 Federal Share 1978 1222' 7.3 Applied For $139,500 Total 6.43 Purchased $34,875 Local Share 34,875 State Share 69,750 Federal Share 1979 1078' 6.5 Applied For 4.59 Purchased $134,600 $131,600 Acquisition, $3000 Audit $33,650 Local Share 33,650 State Share , 67,300 Federal Share ' 1980 513' 4.6 Applied For 5.78 To Be Purchased $130,000 Total $40,000 Local Share 40,000 State Share 50,000 Federal Share 1981 210' estimate 2.7 Applied For 3.63 To Be Purchased $100,000 Total $50,000 Local Share 50,000 Federal Share TOTALS 5059' 27.6 Applied For $624,100 Total 17.98 Purchased 9.41 To Be Purchased $188,525 Local Share 138,525 State Share 297,050 Federal Share 9 -5 -80 :'; I , , . --- • . % E MI' LO YEE OVEIT.I•1 14..:. 1 I OU P.i I 01? C E. i• 'I OF :MAKOPEE ________ _______________ : - • " • •• • , . . . i :', i';:•••••:'•; '•••,::::',.....i.'i''.•:? •.'.>.•:::4 .:•-:'•".:4:::: ':,,,:,',:::::.: .: ' . . • . . • - : • • .• . • , ., , % .. ,. • • , :. •,.; .:,:::.•':,:i::: :, •••'.: oi i:E •• t, APAE. . E ..S.'P 1_ N 13 1••? 0' I ) T 0 . 1 - .i,•• 11.R :: • 0•:.'.0 „.1.1•1 • y; 1 . 5 (yi! 2 . 0 EARN E. D • ANDERSON • ‘. DEN N I S _R I 1. : ' • . ',:,.. •.• .::.,.•p01:4A1,1) .: ,J 1 0i.) 1 • • : . 0 • . 0 • . , - 9 . 6 13 1; I NK HA US: . . , •:• . .: , •,....:-...;..,"••••,.• • 1. ODD A I 0 04 2 • 6 . 1 : .. • . 0 55 . I ; CARLS ON , ' • • :••••'....•:':.;"' RONALD C I 0031 2.9 . 0 • . 0 • - 78. 8 - . PE i TT i )0, H 1 ..5 . 3 :6 . .1 1 .7 CFEEVEI? ' ' PICHAP!.) L 1 0342 35 . 0 .0 4 7. 2 COX • . I; JUD I Irl S6 00 1 f CP071 N . - • • : , :.` •Di_ ' -A 5 ou 2 . 1 . 0 • . 0 . . 0 D I C K S : - : , : ; ,, .......;• ::: ,!pEtzALD G 1 0042 1 4 . 3 . .0 .. • 38 . 9 ILL I Al.i . 01 004 2 .• 4 0 • .0 0031 2 o . 0 • .0 24,6 Da30IS 1 I JOHN • 31 00.31 .0 .0 .0 • FLECK EARL A I 003 1, ; ; I O. 5 71:77 • • . ., . J Oti N ' hi 1. 00.3 . . 4 -/ .5 .... •:: : • • . 0 ; . -- F RE Y •• . AR S HA • A 5 00 25.'0 •• :•::::::.. . 0 . • . 0 HANEL ." ' •:• NE •11 •F 1 0031 • 2 O. 0 :• • • • ' . 0 . . :. 0' .... .. ... _.______ REFF.ATITY' . KATHRYN P5 004 1 30 . 0. .0 ... ___ .0 HE I NZ . .' DIANE , i , 1 5 00:3 I 0.0 . .0 ; 3 . 1 HE LLE R . 1-1 OH AR D • I 0062 .. 0 • .0 64. 1 __. iliE Y DA • . '........:•::,j:-::::•!.i,::::.: 0LETIN . •• -7- , : ' 1 002 6 7-1----77.- ;' 8 :.:-.., •:•:,.- . •• : - • . • • ,..., HONER M ANN .-.;.. :,.• .,...:::::,- [ :::::-'::1; JOE .'. . ..: . : ... - 1 : . ... 0 004 2 •: •4 1 . 8 •:.F.::::i:::. • -' : '..•:•..1 . 0 H ULLANDER'-• : '.'... •••••'•''::: MICHAEL ..1 1 _ 0062_ • ' •••' • • . 0 •: H'''''..• • . 0 •' .• 44 .1 .._• KALE T . ' P I CHA R15 6 ----- 6 -- T..5 • KNUDSEN : ,PHYLLIS L 6 001 4 4 . 5 .0 .0 LAI') PENCE . ' T USSE I.. L I . 0031 5 1 . 0 . . . 0 55.1 1. .... .:' :., ',..,.,- t.VAL LA CI: ---- 1 0062 \•••. . .0 •..• : .. - '.0 68. 0' MERTZ , : f •J I M 1 006 I • 1 .1 . 3 . 0 .0 MOHO ACHE R ; .• ..'. PAT _..._ c.' 003 I 1 . 5 . 0 • 0 .:17ETE'EN : .7TEPTE Al 002 .0 .0 _.. .. _.._ .... . ...i1EL SON • :-.': ' DANELLE A5 0 0 1 5 ..5 .0 .0 • N OS bli SC ii • '. GARY . P1 003 1 53. 3 .0 ; 7 . I H KIT OD , 1 1... 7- 117 . : 7 07 - .7. - .7.7,70 ' .. POOLE .: : . : ' :` ; :GER ALL) 111 0031 • 4 1 . 5 :•, ' :- •. 0 :33 . 1 • aCHER ER , • , ! f? ON ALD I? 1 003 I 22 . 0. . :•.• - • • . . 0 ' 1 3 . 6 75T.1 P • • JE1-711....7? - .-. r. )l)e. r 3 .O .0 .0 eSCHLE IS MAN . - F . ULT al ,.1 1 004 1 I 3 . 0 .0 3-33 .:S CH LE PE P • v; I 1_ L I AiA 3 1 . 00..i 2 I . 0 . 0 . 0 _________________ __ ______ ______ ...._ I LLEMSSEN . • 2 ,. . I__I NLT.k 00 I 5 . 30.0 • :. • .0 .• .0 '• 1 CMS K I .. ; .: - %JANET 116 003 1 * 1 ''). 0 .:. . o 5 . 3 . . ' . STREL •' • • : ' •JANE . 16 , . . i • • . TOTALS , • 40 . . 062.3 3 u 1 0 2 ET4D OF ;XE0 • FILi.:' . .. ; • .. ... . .. ; , ., :... .. • • • • . • . .. - - . • , . No ' OF PI-()J/AM • . • . . ,::: BYE • • ' • '.." . ;;'. ... ' ,' '',. ';':-.; ,? ''. , • . , • •• • ' ' ' .. ... . • . . . . . . . • ,.• .. • ,• ... .. , . • • C PU: 1:2 . CONNECT =5 . 'MO1‘.1,• 'SEP . 8 , : .1. 900 , ' I : 02' P 14 ; . , ..•:-.. '••":::::.::::•:'..,::....;:::',•:.. • . _ , • . • • • . • r . • • , r, • • . ..• .• . . . . . • :177i - • .7.77771,7;47.77.: 7 : - -7.-77 ..,,., :. • , : , ., ..: ...