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HomeMy WebLinkAboutMay 13, 1980 TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA MAY 13, 1980 Mayor Harbeck presiding 1] Roll Call at 7:30 P.M. 2] Establishing a Transportation & Energy Ad Hoc Committee - Res. 1615 3] Appointments to the Ad Hoc Cable T.V. Committee 4] Appointments to the Ad Hoc Subdivision Committee 5] Res. No. 1616, Awarding 4th and Minnesota Street Demolition Contract 6] Res. No. 1614, Receiving Report And Calling Hearing on 3rd Avenue Watermain Project, 80 -5 (Harrison to Webster) 7] Res. No. 1613, Receiving Report And Calling Hearing on Gorman Street - EagleCreek Blvd. Project, 80 -4 (4th Avenue to E line of Sec. 6) 8] City Engineer status report on public improvements 9] Report on Kmart Project 10] Report on dust coating 11] Discussion of revised Coordination System for Water Improvement Projects 12] Other business: a] b] c] 13] Adjourn to Tuesday, May 20, 1980 at 7:30 P.M. Douglas S. Reeder City Administrator /- • .1 TENTATIVE AGENDA SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY ADJ.SPECIAL SESSION MAY 13, 1980 Chrm.Hullander presiding 1] Roll Call at 7:30 P.M. 2] Fourth and Minnesota Neighborhood Revitalization Project a] Selection of contractor proposals for homes b] Establishment of earnest money policy for home purchasers c] Removal of Smoke ouse from roject site Q �; ` ion 3] Solicitation of a plicat for Department of Housing and Urban Development Community Development Bonus Funds 4] Discussion of Chamber of Commerce, 1980 Central Business District Study 5] Approval of bills: a] Von Klug and Associates, 4th and Minnesota Neighborhood Revitalization Project - March Services, $922.50 b] 6] Other'Business: 7] Adjourn Jeanne Andre H.R.A. Director MEMO TO: Shakopee HRA FROM: Jeanne Andre, Executive Director RE: Earnest Money Policy for 235 Homeownership Participants DATE: May 8, 1980 I recommend that $500.00 Earnest Money be collected by the HRA staff from families selected to purchase 235 homes at the time they make formal mortgage application to the bank. a) If the mortgage is approved, this money will be applied to the mortgage closing costs. b) If the mortgage is not approved, the money would be refunded. c) If the buyer choses to withdraw from the purchase of the home, the money would be paid to the contractor building the home for which the mortgage application has been made. In cases which the purchasing family plans to sell other assets to facilitate the move, they will be allowed one month from the date of application to sell their assets. If they are not able to sell the assets in that period, the home will be made avail- able to the next eligible family, and the Earnest Money payments will be refunded. JA/ j iw • f COVENANTS, MACEY SECOND ADDITION THIS DECLARATION, made this day of , 1980, by the City of Shakopee Housing and Redevelopment Authority, herein- after referred to as "Declarant ". WITNESSETH: WHEREAS, Declarant is the owner of Lot 1, Block 1; Lots 2 through 11 inclusive, Block 2; and Lots 1 through 9 inclusive, Block 3; all being in Macey Second Addition, City of Shakopee, County of Scott, State of Minnesota. WHEREAS, Declarant intends to construct two- family residential units on some of the aforesaid properties. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on-all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall insure to the benefit of each owner thereof. ARTICLE I. DEFINITIONS For the purpose of this Declaration, the following terms shall have the meanings here ascribed to them: Section 1. "Living Unit" shall mean and refer to any portion of a residence building situated upon the Properties designed and intended for use and occupancy as a residence by a single family. Section 2. "Lot" shall mean and refer to any portion of land in the Properties upon which a Living Unit is situated, whether or not the same is a platted lot. Section 3. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers and vendees, but excluding those having such interest merely as security . ,Q vv Covenants, Macey Second Addition Page -2- for the performance of an obligation, and excluding those having a lien upon the property by provision or operation of law. Section 4. "Properties" shall mean and refer to the real property hereinbefore described. ARTICLE II. BUILDING AND USE RESTRICTIONS Section 1. Residential Use. No Lot or Living Unit shall be used except for residential purposes. Section 2. No Noxious Activity. No noxious or offensive activities shall be conducted on any Lot or Living Unit, nor shall anything be done thereon which may be or become an annoyance or nuisance to other Owners. Section 3. Garbage and Refuse Removal. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. Section 4. No Animals Except Pets. No fowl, animals or insects shall be kept on any Living Unit or Lot except dogs, cats and other common household pets, provided that they are not kept, bred or maintained for any commercial purposes. Section 5. Prohibited Structures. No structure of a temporary character, trailer, basement, tent, shack, garage or other building except a permanent residence, shall be used on any Lot at any time as a residence, either temporarily or permanently. Section 6. Model and Sales Use. All Use herein notwithstanding, any Living Unit may be used for a model multiple family residence building, or for a real estate office with customary development signs during the development period of the Developer, its successors or assigns. Section 7. Hazardous Activities Prohibited. No Owner shall engage in or permit any activities in his Living Unit, or maintain or permit any conditions in the Living Unit, which would be considered extra- hazardous by Fire insurance companies or would adversely affect the insurability of the Living Unit which shares a party wall'with his Living Unit. Co7venants, Macey Second Addition Pa _3_ ARTICLE III. PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as part of the original construction of any Living Unit upon the Properties and placed on the dividing line between two (2) Living Units shall constitute a party wall and to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and of liability for property damage due to negligent or willful acts or omissions shall apply thereto. Section 2. Shares of Repair and Maintenance. The cost of reasonable repair and maintenance of each party wall shall be shared by the Owners who make use of the wall in proportion to the use. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty or by physical deterioration, any Owner who has used the wall may restore it, and shall have an easement over the adjoining Living Unit for purposes of making such restoration, and if other Owners thereafter make use of the wall they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owner to call for a larger contribution from other Owners under any rule of law regarding liability for negligent or willful acts of omissions. Section 4. Right of Entry. An owner shall permit other owners, or their representatives, when so required, to enter his unit for the purpose of installing, altering or repairing the mechanical or electrical services, the party wall, or any facility for which access to the full building would be necessary to adequately complete the work, provided that requests for entry are made in advance and that such entry is at a reasonable hour. - Section 5. Weatherproofing. Notwithstanding any other provisions of this Article, any Owner who by his negligent or willful act, causes any party wall to be exposed to the elements or excessive heat or cold, shall bear the whole cost of furnishing the necessary protection against such elements or heat or cold, and of repairing the party wall from damage caused by such exposure. Zv Cavenants, Macey Second Addition Page -4- Section 6. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be. appurtenant to the Lot and shall pass to such Owner's successors in title. Section 7. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator and such arbitrators shall choose one additional arbitrator, and the decision of a majority of all the arbitrators shall be final and conclusive of the question involved. If either party refuses or fails to promptly appoint an arbitrator, the same may be appointed by any judge of the state district court for Scott. Minnesota. Arbitration shall be in accordance with the rules of the American Arbitration Association. Section 8. Encroachment. If any portions of a Living Unit or any Lot shall actually encroach upon any other Lot, or if any such encroachment shall hereafter arise because of settling or shifting or the building, or other cause, there shall be deemed to be an easement in favor of the owner of the encroaching Living Unit to the extend of such encroachment so long as the same shall exist. Section 9. Mechanic's Liens. Each Owner of Living Unit ( "Defaulting Owner ") agrees to indemnify and hold harmless the Owner of an adjoining Living Unit for any mechanic's liens arising from work done or material supplied to make repairs dr replacements for which the Defaulting Owner is responsible. ARTICLE,IV. • OTHER PROVISIONS GOVERNING RELATIONSHIP AMONG OWNERS OF ADJOINING LIVING UNITS Section 1. Insurance- Replacement. Each Owner shall maintain fire and extended coverage insurance on his Living Unit in the full replacement cost thereof, and shall, in the event of damage to or destruction of his Living Unit, restore it to the condition in which it was prior to 'the damage or destruction. Section 2. Maintenance. Each owner of a Living Unit shall maintain his Lot and the exterior of his Living Unit in good condition and repair and in a clean and neat condition. Covenants, Macey Second Addition Page -5- Section 3. Architectural Control. (a) The Owner of a Living Unit may replace exterior components of his Living Units with similar components of the same design. and color, and may paint the exterior of his Living Unit with paint of the existing color of the exterior, but he may not, either in the course of ordinary replacement or remodeling or restoration after damage or destruction, employ different siding or roofing material or a different color scheme, without the consent of the Owner of the adjoining Living Unit. (b) In the event of.any dispute arising concerning a change in siding or roofing material or color scheme, each party shall choose one arbitrator and such arbitrator shall choose one additional arbitrator, and the decision of a majority of all arbitrators shall be final and conclusive of the question involved. The arbitrators' decision shall be based on their decision of whether the proposed siding or roofing material or color scheme is in harmony with the design of the adjoining Living Unit. If either party refuses or fails to promptly appoint an arbitrator, the same may be appointed by the judge of the state district court for-Scott. County, Minnesota. Arbitration shall be in accordance with the rules of the American Arbitration Association. ARTICLE V. GENERAL PROVISIONS Section 1. Enforcement. Any Owner shall have the right to enforce, by any proceeding at law or in equity, or both, all of the terms and provisions of Article II. of this. Declaration, and the Owner of the Living Unit involved shall have the right to enforce, by any proceeding at law or equity, or both, all of the terms and provisions of Article III. and IV. of this Declaration. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain,violation or to recover damages. Section 2. Severability. Invalidation of any of these covenants by judgment or court order shall in no way • affect any of the other provisions, which shall remain in full force and effect. • Covenants Macey Sscond Addition Page - Section 3. Amendments. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused these presents to be executed in its name by its Chairman and Executive Director and its seal affixed hereunto this day of , 1980. • In the Presence of: SHAKOPEE'S HOUSING AND REDEVELOPMENT AUTHORITY: By Its and • • By Its • STATE:OF MINNESOTA) • • ) ss. • COUNTY OF SCOTT ) On this day of , 1980, before me, a notary public within and for said county and state, personally appeared and to me personally known, who, being each by me duly sworn did say that they are respectively the and of The Shakopee Housing and Redevelopment Authority,.named in the foregoing instrument, and that the seal affixed to said instrument is the official seal of said Authority, and that said instrument was signed and sealed in behalf of said Authority by authority of its Commissioners and said and , acknowledged said instrument to be the free act and deed of said Authority. • • • 3 MEMO TO: Shakopee HRA FROM: Jeanne Andre, Executive Director RE: Department of Housing and Urban Development Community Development Bonus Funds DATE: May 8, 1980 The Department of Housing and Urban Development (HUD) has awarded the Minneapolis /St. Paul Metropolitan Area bonus community development funds because the Metropolitan Council has an innova- tive area -wide housing plan. I attended a meeting to explain ' the application procedure for these funds and the type of applica- tion most- likely to be funded. Not all activities eligible to be funded under general community development funds are eligible for these bonus funds. The two main groups of eligible activities are as follows: 1) Activities-which facilitate the construction, rehabilitation or acquisition of housing for low and moderate income families and persons outside areas of concentration, and 2) Outreach programs designed to facilitate movement of low and moderate income and minority families and persons to housing outside areas of concentration. The criteria the Metropolitan Council has for rating projects in their review process are listed below: 1) Applications for CD Bonus Funds shall be ranked according to the type of activity proposed and the relationship of the activity to the Allocation Plan goals for the community. 2) Applications which will facilitate new or rehabilitated family housing opportunities in a community shall receive priority over applications proposing outreach types of activities. 3) Activities which have the least cost of CD funds per dwelling unit to be assisted shall receive the highest priority. 4) Applications requesting over $250,000 in CD funds shall receive lowest priority. 5) Other items to be considered in the review and ranking process shall include the extent and availability of other funds to achieve the same purpose in the community; the extent of local approval or appropriate zoning for a proposed project or activity to proceed; and the status of the project to receive funding through HUD or MHFA. Shakopee HRA -2- May 8, 1980 HUD has indicated that its main priority is projects in which the community has a demonstrated ability to perform in an efficient and timely manner, as they will have no chance to recapture funds which the community is unable to spend. Given the above considerations, I propose the HRA indicate to the City Council its willingness to undertake a project as outlined below: 1) Purchase 4 - 6 empty City lots currently served by municipal water and sewer, scattered in various parts of the City. 2) Provide any site improvements necessary for construction.. on these lots. 3) Build 235 or state housing finance one and two family homes on these lots for sale to low and moderate income families. My rational for this project is that it would provide more homes to low and moderate income families at a time when mortgage rates are excluding many deserving families. It would provide work to contractors who currently have little private sector work. It would also improve Shakopee's housing performance ratings with little additional administrative work. By using scattered, existing lots, we would avoid concentrations of low and moderate income families. I feel this project would receive a high rating under the Metropolitan Council Review Criteria and our experience with the 235 program on Fourth and Minnesota demonstrates to HUD our ability to conduct such a project. I informally discussed this project with our IHUD representative and she strongly encouraged such an application by the City. I would like to solicit your comments on this project, and if you support such an application, suggestion of possible lots which could be acquired. JA/ j iw • � v MEMO TO: Shakopee HRA FROM: Jeanne Andre HRA Director RE: Payments to VonKlug and Associates for Relocation Services - Fourth and Minnesota Neighborhood • Revitalization Project DATE: May 7, 1980 The original contract with VonKlug and Associates for relocation services for the Fourth and Minnesota Neighborhood Revitalization Project established a contract maximum of $11,395.00. On March 4, 1980, the maximum limit was revised to $14,890.00 to reflect additional services added to the original contract. Payments for services from December 1978, through February 1980, total $11,219.57. There is, therefore, $3,670.43 which remain before the contract maximum is reached. If the March Statement of Contract Services in the amount of $922.50 is paid, $2,747.93 will remain before the contract limit is reached. JA/ j iw • �I MEMO TO: City Council FROM: W. C. Harbeck, Mayor RE: Appointments to Ad Hoc Subdivision Review Committee DATE: May 13, 1980 I recommend the following for appointment to the Ad Hoc Subdivision Committee. They have all agreed to serve on the Committee: Dean Colligan, representing the City Council Gloria Vierling, representing the Planning Commission Gary Eastlund, representing the Industrial Commercial Commission Dick Wiggins, representing the builders and contractors Clete Link, representing the builders and contractors Phil Kanning, legal representation Anne Tuttle, at large I also recommend that the first meeting be set for Thursday, May 29th, 1980. WCH /jsc v MEMO TO: Shakopee HRA FROM: Jeanne Andre Executive Director HRA RE: Relocation Claim for Albert Rybak Fourth and Minnesota Neighborhood Revitalization Project DATE: May 13, 1980 I have just received a claim from Albert Rybak on behalf of his business, Rybak Sewer and Water, formerly of 408 Minnesota Street in Shakopee. I' recommend that we pay Mr. Rybak $1754.22, the full amount of his claim. This claim includes: 1) An undocumented self - move costing $1254.22, based on the lowest of three moving estimates, and; 2) The maximum allowable searching expense of $500.00, based on verification by Mr. Rybak of the hours he spent searching for a new location. JA/ j iw • • • • • MEMO TO: Mayor and City Council FROM: Shakopee Planning Commission RE: Letter from R. 0. Lyman dated May 6, 1980 DATE: May 13 1980 Upon dealing with the Subdivision known as Weinandt Acres, the Planning Commission was led to believe that the Lyman parcel was land - locked. Therefore, the basic issue under consideration was granting access to Lyman Acres. Upon referring to the exhibits provided by, the referenced memo, it is obvious that the parcel is not land- locked and with any request for development there exists the opportunity to develop 200- plus -foot depth lots along the access to County Road 17. To ask the City to insist that Weinandt Acres provide access to County Road 17 when the applicant has already made his own provision, appears to'create an unfair economic burden on the developer of Weinandt`cAcres. It should also be pointed out that both the existing and the proposed sub- division ordinances would not have prohibited Mr. Lyman from subdividing his parcel in the manner he has taken as all parcels are in excess of 20 acres, which is in excess of the minimum provided by either of the ordinances. If Mr. Lyman wishes to pursue access through Weinandt Acres 1st Addition, it is the recommendation of the Planning Commission that he come to an economic agreement with the developer to secure access, if he so desires. JP/ j iw OFFICE OF THE ADMINISTRATOR SCOTT COUNTY COURT HOUSE 110 tea SHAKOPEE, M N. 55379 ) (612 - 445 -7750, Ext. 100 May 7, 1980 JOSEPH F. RIES Administrator MAY 8 1980 JAMES M. SULERUD Asst. Administrator CITY OF SHAKOPEE Honorable Norbert Theis, Chairman Jackson Township Board of Supervisors Route 2 Shakopee, Minnesota 55379 Re: Shakopee By -Pass Project Dear Chairman Theis: Enclosed please find a copy of Resolution No. 80037, adopted by the County Board yesterday. The resolution is a commitment on the part, of the county to Jackson Township permitting the relocation of the fifty -three (53) displaced lots outlined in Mr. Hoffstedt's letter of April 21, 1980. In recognition of Mr. Hoffstedt's letter, the letter of Mr. W.M. Crawford, MnDOT District #5 Engineer, dated April 25, 1980 and the letter of Mr. Doug Reeder, City of Shakopee Administrator, dated April 21, 1980, under which two resolutions were conveyed, this action by the Scott County Board of Commissioners appears to complete those commitments to Jackson Township made by these jurisdic- tions in our meeting on April 14, 1980. If in the process of altering the comprehensive plan for Jackson Township to provide land use accomodations for those replacement sites in question, you should desire the assistance of the county in any way, Jon Westlake, Planning Director, has expressed his willingness to work with you. At which point you begin the preparation of Jackson Township's resolution requesting the county to adopt an official map by the by -pass of its behalf, I would be happy to assist you with this task. Needless to say, it is in our mutual interest to move the process for the adoption of the official map as expeditiously as possible in order to maintain the priority given this project by the federal and state governments. We truly appreciate the many concerns with the by -pass project that Jackson Township has raised and have made every effort to resolve them to your satisfac- tion. Thank you for your continued cooperation in this matter. Si- ncerely, J�. • Ries • //. Administrator Encl. cc: Comm. Dennis L. Hron, Chai 'man (ltr. only) Y Mr. James Daly, Metropolitan Council (3 ltrs. /resolutinn) Mr. Ghaleb Abdul - Rahman, Trans. Ping. Pro.Mgr. (3 ltrs. /resolution) Mr. Wm. Crawford, MnDot #5 Engr. (resolution) Mr. Doug Reeder, An Equal Opportunity Employer City of Shakopee Admin. (2 ltrs. /resolution) 001ES0 • v0 * 2 ° Minnesota Department of Transportation District Five 0 TRP��ao 5801 Duluth Street Golden Valley, Minnesota 55422 • April 21, 1980 (612)545 - 3761 • Mr. Norbert Theis _ Chairman, Jackson Township Route 2 Shakopee, Minnesota 55379 In Reply Refer To 315 S.P. 7005 -42 (T.H. 101) Dear Mr. Theis: As per our discussion on April 18, 1980, the number of Jackson Township lots within the proposed T.H. 101 right of way are listed below. • Location Number and Type of Lot Mobile Manor • /_ • 2 Trailer house lots Theis Addition Area 8 Residential lots Andy's 1 Commercial lot Gopher State Truck Stop 1 Commercial lot (5 acres) Monument Business 1 Combined house/business lot Chiropractic Business 1 Combined house/business lot Photography Business. 1 Combined house/business lot West Side of T.H. 169 near Bonnevista 1 Trailer house lot " n tenon 4 Residential lots n n n n n T° 2 Commercial lots • Along County Road 15 1 Trailer house lot " 1 Multi- family lot " 3 Residential lots P & V Addition 2 Residentail lots Davies Addition 24 Residential lots • ..... Total a 53 Lots • • I am also enclosing a copy of the layout plan County Road 69 and County Road 15 vicinity, which you requested. Sincerely, at 9 f Carl J. Hoffstedt, P.E. • District Transportation Planning Engineer Enclosure An Equal Opportunity Employer ,Nf! ESO 't n t ` , - Minnesota f a Department of Transportation I 1 ' t' District 5 ` fcp 2055 No. Lilac Drive OF TO Golden Valley, Minnesota 55422. (612) 545-3761 Apri1.25, 1980 Mr. Norbert Theis, Chairman Jackson Township Route 2 Shakopee, Minnesota 55379 7005 -42 (T.11_ 101) • Dear Mr. Theis: As discussed at the T.H. 101 By -Pass meeting on April 14, 1980, this letter is written to address two items, relating to Mn /DOT, in the Jackson Township resolution presented at the November 1, 1977 public hearing. One item dealt with the noise abatement concerns and the other item dealt with the right of •way acquisition. Pages 75 -85 of the Final Environmental Impact Statement discuss the noise analysis for the various land uses along the By -Pass. The analysis also covers the Federal Highway Administration (FHWA) noise standards that have to be met in order to receive Federal Aid Funds to construct the project. Present residential areas have been identified where noise abatement pro- visions will have to be made. Prior to letting any roadway construction contracts, Mn /DOT. will prepare a more detailed Noise Analysis Report. This report preparation will involve the people affected for coordination of the specific noise mitigation designs to be provided. These designs may con- sist of earth mounds, an earth mound -wall combination or a wall which can be constructed with various materials such as wood, concrete or metal. The design process will also involve an update of the ambient noise levels and a determination of the noise barrier locations and heights needed to weet the applicable noise standards. Norbert, you can be assured that Mn /DOT will install noise barriers to suppress the noise in sensitive areas as part of the project construction. Turning to the next item, right of way acquisition, pages 56 -62 of the _ Final Environmental Impact Statement discuss the relocation analysis for the project. In addition to that, pages 13 -20 of the November 1, 1977 Public Hearing Transcript cover the right of way acquisition - relocation process very thoroughly. The process is based on Federal and State legis- lation to assist residents and businesses displaced by highway projects. Now, you must realize that the dollar values associated with the reloca- tion items will" change to be reflective of the economy at the time of An Equal Opportunity Employer • Norbert Theis April 29, 1980 Page 2 • relocation. Property purchase will be based on the fair market value of the property at the time of acquisition. • In the case of agricultural land severed by highway right of way acquistion, damages will also be allowed for this severance. So you see, Norbert, Mn /DOT can give a firm commit- ment that displaced residents, businesses and agricultural owners will receive fair market value for their property and relocation assistance will be provided. Mn /DOT cannot, however, make any commitment as to the dollar value that property owners will receive when the property is acquired for highway right of way purposes. Nor can a commitment be made to the dollar value of the items covered as part of the relocation assistance. With our current rate of inflation, I'm sure you can understand the reason - ing concerning the dollar value. For your information, I am enclosing a copy of a letter sent to a resident of the Davies Addition after the first public hearing held in May of 1977. The letter responded to a question raised at the public hearing concerning property acquisition. Sincere y, t, District Engineer / Enclosure: Letter Copy • cc: D. Hron - Scott County Commissioner J. Reis - Scott County Administrator C. Weaver -J. Daly - Metropolitan Council Ghaleb Abdulrahman - Metropolitan Council • • • • BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY, MINNESOTA Date May 6. 1980 Resolution No 80037 Motion by Commissioner W orm Seconded by Commissioner Hron RESOLUTION NO. 80037 ; COMMITTING TO LAND USES FOR LOTS IN JACKSON TOWNSHIP DISPLACED BY THE • PROPOSED SHAKOPEE BY -PASS • WHEREAS, on January 15, 1974, the Shakopee By -Pass Task Force of Scott County was created for the purpose of the joint planning for an Official Map for a by -pass corridor to the south of the City of Shakopee by the Minnesota Department of Transportation, the Metropolitan Council, the County of Scott, the cities of Shakopee, Savage, and Prior Lake and the township of Jackson; and WHEREAS, in the course of the project events, the Township of Jackson at a public hearing conducted on November 1, 1977, proposed the resolution to several conditions being met before that jurisdiction would become a party to the adoption of an official map; and WHEREAS, one of these conditions was that the county provide satis- factory displacement of certain properties in their present land use with- in Jackson Township; and WHEREAS, the county recognizes the need for Jackson Township to maintain its populace and has explored all available means to assist that jurisdiction in doing so effectively; and WHEREAS, at a meeting on April 14, 1980, of all jurisdictions with an interest in the Shakopee By -Pass, action assignments in response to the concerns of Jackson Township were assumed by the Minnesota Department of Transportation, the County of Scott and the City of Shakopee; and WHEREAS, within the scope of the action assignments, the county's role was to provide land use accomodations for replacement sites for those lots scheduled for displacement in this process. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners in and for the County of Scott, Minnesota, goes on record herewith expressing its commitment to Jackson Township to allow the relocation of the fifty - three (53) displaced lots listed hereunder in their present land uses as a result of the Shakopee By -Pass Project, to wit: BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY, MINNESOTA Date May 6, 1980 Resolution No 80037 • Motion by Commissioner Seconded by Commissioner Location Number and Type of Lot Mobile Manor Land use for 2 trailer house lots Theis Addition Area Land use for 8 residential lots Andy's Land use for 1 commerical lot Gopher State Truck Stop Land use for 1 commerical lot (5 acres) Momument Business Land use for 1 combined house /business lot Chiropractic Business Land use for 1 combined house /business lot Photography Business Land use for 1 combined house /business lot West Side of T.H. 169 near Land use for 1 trailer house lot Bonnevista West Side of T.H. 169 near Land use for . 4 residential lots Bonnevista West Side of T.H. 169 near Bonnevista Land use for 2 commerical lots Along County Road 15 Land use for 1 trailer house lot • Along County Road 15 Land use for 1 multi- family lot Along County Road 15 Land use for 3 residential lots P & V Addition Land use for 2 residential lots fr Davies Addition Land use for 24 residential lots Total Lots 53 BE IT FINALLY RESOLVED, that copies of this resolution be directedforthwith to the Jackson Township Board of Supervisors and all member jurisidictions to the Shakopee By -Pass Task Force of Scott County by the County Adminis- trator. • YES NO Koniarski X Koniarski Worm X Worm Hron " Hron HafermannX • Hafermann • Boegeman X Boegeman State of Minnesota } SS. County of Scott I, Joseph F. Pies. Duly appointed. qualified and acting County Administrator for the County of Scott. State of Minnesota. do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners. Scott County. Minnesota. at their session held on the 6 th day of May IS 80, now on file to my office. and have found the same to be a true and correct copy thereof. 6th April, 1980 Witness my hand and official seal at Shakopee. Minnesota, this day of / ? ) e � County Adm n s:rator SCA Form 1 6 • JJ l Deputy Admtn.strator (112 1 I 4/ RESOLUTION NO. 1614 A RESOLUTION RECEIVING A REPORT AND CALLING A HEARING ON IMPROVEMENT 80 -5 THIRD AVENUE WATERMAIN WHEREAS, pursuant to resolution of the City Council adopted April 8, 1980, a report has been prepared by H. R. Spurrier, City Engineer, with reference to the improvement of the area between Adams and Pierce and between 3rd Avenue and 10th Avenue by a 12 inch Trunk Watermain and this report was received by the Council on May 13, 1980, plemen- to -l=Re -port NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the Council will consider the improvement of 3rd;Avnu_e cExamyHarr_ri:.so —to W:eb:stex.- by= wa= t:exma n, in accordance with said reports and the assessment of abutting and benefited 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 2. A public hearing shall be held on such proposed improve- ments on the 3rd day of June, 1980, in the Council Chambers of City Hall, 129 East First Avenue, at 9:00 P.M. and the clerk shall give mailed and published notice of such hearing and improvements as required by law. 3. The work of this project is hereby designated as part of the 1980 -5 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 r- nak 7E1 9 . / 5)/// MAY em p i r is 4 g # , A a rm a il M. A. MORTENSON COMPANY • ;ITY: OF SHM(OPEE GENERAL CONTRACTORS • 700 MEADOW LANE NORTH MAILING ADDRESS: P.O. BOX 710 • MINNEAPOLIS, MINNESOTA 55440 • TELEPHONE (612) 377 -2630 May 7, 1980 • Barbarossa & Sons, Incorporated Route 3 P.O. Box AR Osseo, Minnesota 55369 Attention: Mr. Adrian Knutson Re: . Kmart Distribution Center Shakopee, Minnesota Rough Grading & Site Utility Contract • Gentlemen: • It has been brought to our attention that you subcontractor • (Wangerin, Inc.) believes it is entitled to additional compen- sation for work•performed on the subject project. "Blackie" • Wangerin called this office on the morning of May 5, 1980 alledging a claim of approximately $30,000 and later at a coun- cil meeting in the City of Shakopee on Tuesday, May 6 1980, which I•tattended, he made further representations that Wangerin, Inc. is entitled to an additional sum of approximately $145,000. As I explained to your Paul Flygt in a telephone conversation on May 6,.-1980, M. A. Mortenson Company holds Barbarossa & Sons .responsible to administer its own subcontracts. Not being knowledgeable of subcontract, which we assume exists between Barbarossa & Sons and Wangerin, Inc., neither M. A. Mortenson • Company,.nor Kmart Corporation, nor the City of Shakopee is in a position. to comment on any claim which Wangerin, Inc. may • pursue against'Barbarossa & Sons. We expect Barbarossa & Sons to respond to and to settle any claims arising out of agreements between Barbarossa & Sons and. Wangerin, Inc. We request that you take steps to resolve any differences which may exist between you and your subcontractor and to keep M. A. Mortenson Company fully informed. Very truly yours, • • • David G. Turney , DGT:lo • • cc: Kmart Corporation mien • Owner's Representative Ctyf R`Sfiakope Jobsite �' • • `` ,�pf: Pt. et,/ CITY OF SHAKO r'EE �•;.•I���, � • 129 East First Avenue, Shakopee, Minnesota 55379 / MEMO TO: Douglas S. Reeder, Administrator Jim Karkanen & Bo Spurrier FROM: SUBJECT: Dust Control DATE: May 13, 1980) • • As per your request, we have conducted some research regarding a dust control • • program for the City of Shakopee. Addmittedly there have been more than the normal dust complaints because of the unusually dry spring -this year. Because there are more than 30 blocks of gravel streets in the urban area of Shakopee, we don't recommend dust control for the city streets because these streets should be paved. They should be surfaced by petition or council initiative. If we start a dust control program on these streets, it would be very difficult to encourage anyone to want to pay for a frontage assessment to improve the street. Also we have many miles of alleys which would also be subject to dust control (a "cost per front foot" assessment for dust control, however could be considered.) However a dust control program could initated on the rural roads (only) because of the improbability of these roads being paved because of the extreme cost. The recommendation would be to initiate a dust control program • as utilized by the Scott County Hwy. Dept. It mtist be pointed out that once we've committed ourselves to a dust control program, it will be very difficult to terminate such a program. The county has indicated that they're sorry - to be involved in such a program. • The Scott Co. Hwy. Dept. opened bids for dust control on Friday, May 9, 1980. The two bidders were: • 1. Dust Coating, Inc. (Larry Johnson) S0.545 per gallon. 2. Van Waters & Rogers ( ° , 0 ).55 1 4 per gallon. The County policy is as follows: • 1. The daily traffic count in question must he 150 cars or more. (This count is too high for the city roads.) 2. Homes must be situated within 175 ft. of the road T9 W. 3. Length of road treated is 300 ft. per home. The width for our .roads is • recommended at 22 ft. in width. 4. A maximum of two (2) calcuim Chloride treatment will be applied per calen- der year. • 5. The Calcium Chloride liquid solution is applied with a distributor at a rate of 0.18 gallons per sq. yd. 6. The County .& Municipalities shall be given 3 days notice prior to application to allow time for road surface preparation, grading, etc. . 7, First application shall be between May 27 & June 6 and the second application shall be between Aug. 18 & Aug. 29, 1980. • J • The City Roads recommended for dust control are: (Each location etc. -300 ft,:x 22 ft) Valley View Road Fire Numbers 0 -141 0 -142 0 -148 0 -161 0 -167 0 -176 Roger 4arschall Rd. N -481 Hauer Addt. (East Hill) N -585 Mc Kenna Rd. N -766 (2 houses - 400 ft.) . E. 13th Ave. near the Stewart's Addt. has had oil applied to the surface by a oil distributor in the area. A dust control application is not recommended at this time, however, it may need an application in August. Pike Lake Rd. - -the 3 houses belong to'Prior Lake It must be mentioned that Calcium Chloride isn't too effective on the first application, nor is it very effective in extremely dry soil or sandy soils. Calcium Chloride should be re- applied later in the summer season. (Generally in•August) Each location shown on the enclosed map will require approximately 132.gallons of Calcium Chloride at each location. This will amount to 372.00 per application However, Calcium Chloride must be applied twice a year for a total cost of approximately 3153.00 per location each year. There are 10 locations involved, for a total of approximately 3,000 ft. x 22 ft. This amounts to approximately 2640 gallons per season at .545 cents per gallon or 31438.80. Calcium Chloride: Example: 3O0 x 22 ft. = 4 = 733 sq. y ds. 733 sq. yds. x 0.18 per gallon (per sq. yd.) = 132 gallon (per application) 132 gallons (per application) @ .54 cents per gallon OR: 371.94 per 300 x 22 ft. application Calcium Chloride must be applied twice per year. However, the first application could • be increased to .25 gallons per sq. yd. - at a total cost of $99.91 per location - The second application could then be reduced to .16 gallon per sq. yd. for a cost of 63.94 per location. OIL Example 733 sq. yds. x 30 per gallon = 2.19.9 gallons per application. 219.9 gallons per application @ .48 cents per gallon OR: 3105.55 per 300 x 22 ft. application OIL can be Applied Once per season: May 5, 1980 /1 ..COORDINATION OF WATER IMPROVEMENT PROJECTS A. Project Initiative 1. By Utility Commission with or without a request from a citizen or property owner or the City. B. The'proposed project including proposed financing is sent to the City Council for review and approval or denial if: 1. The proposed project is on City right -of -way. 2. The proposed project is on City property. 3. The proposed project financing requires City action. 4. The proposed project affects the approved Comprehensive Plan. C. After the project is approved by the City Council, the Utility Commission will proceed to construct or the City will proceed to follow the Chapter 429 require- ments, if required and construct the project in conjunction with other public improvements if appropriate with the Utility Commission undertaking all necessary engineering required for the preparation of bid documents and submitting them to the City for approval and submitting the required documents to other appropriate agencies. D. If the project is denied by the Council, the Utility. Commission may modify the project and resubmit it to the Council, request a joint meeting or drop the project. E. After approval of the plans and specifications, the project will be bid and let by the appropriate body. F. If the project required initial approval, during construction of the project, inspection and "field changes" will be coordinated with the staff of both bodies and Change Orders will be prepared by the Utility Commission and approved by the City. G. If the project required initial Council approval, final payment and project approval will be recommended by Utility Commission and approved by the City Council. Administration 1. The attached check list will be utilized to insure that all procedures are followed. 2. Building Permits and Plumbing Permits which have major impacts on the water and electrical utility system will be sent to the Utility Commission when reviewed. 3. All required Public Hearings will be joint Public Hearings with the City and the Shakopee Public Utilities_ Commission. 4. The City will prepare guidelines for the approval of water projects that require City approval in accordance with Paragraph B, listed above. Ii1;4 :lisww.....,... ..4t hex.. r+w* :. 1414% May 5, 1980 WATER IMPROVEMENT CHECK LIST l SHAKOPEE, MINNESOTA DATE ACTION TAKEN PROJECT REQUESTED BY: CITIZEN(S) CITY COUNCIL UTILITY COMMISSION DEVELOPER UTILITY COMMISSION INITIATES PROJECT AND REQUIRES FEASIBILITY STUDY FEASIBILITY STUDY PRESENTED TO UTILITY COMMISSION UTILITY COMMISSION RECOMMENDS PROJECT TO CITY COUNCIL CITY COUNCIL ACTS ON PROJECT (APPROVED /DENIED) JOINT MEETING, IF REQUIRED JOINT UTILITY COMMISSION AND CITY COUNCIL PUBLIC HEARING HELD IF CHAPTER 429 PROJECT. CITY COUNCIL REQUESTS AND ACCEPTS FEASIBILITY STUDY AND SETS HEARING. ORDER PROJECT AND DIRECT UTILITY COMMISSION TO PREPARE PLANS AND SPECS. CITY COUNCIL ACTS ON PLANS AND SPECS. (APPROVED OR DENIED) JOINT MEETING, IF NEEDED PLANS AND SPECS SENT TO STATE /SEWER BOARD /FEDERAL GOV'T. METRO COUNCIL /OTHER PLANS AND SPECS APPROVED AND BID LETTING DATE SET BID AWARDED (PROJECT COMMENCES) . CHANGE ORDER REQUESTED BY CITY COUNCIL OR UTILITY COMMISSION CHANGE ORDER APPROVED BY UTILITY COMMISSION CITY COUNCIL ACTION CHANGE ORDER (APPROVED /DENIED) JOINT MEETING, IF NEEDED PROJECT ACCEPTED AND FINAL PAYMENT APPROVED BY UTILITY COMMISSION PROJECT ACCEPTED AND FINAL PAYMENT APPROVED BY CITY COUNCIL PROCEDURE FOR LEVYING ASSESSMENTS COMMENCES, IF REQUIRED COORDINATION CHART FOR WATER IMPROVEMENT PROJECTS 11 May 6, 1980 SPUC 1, CITIZEN I ( PROJECT INITIATION REQUESTED COUNCIL DEVELOPER SPUC INITIATE PROJECT AND REQUESTS FEASIBILITY STUDY FEASIBILITY STUDY PREPARED 1 1SPUC RECOMMENDS PROJECT !COUNCIL CONSIDERS PROJECT COUNCIL APPROVES] COUNCIL DENIES PROJECT PROJECT JOINT MEETING IF :REQUESTED BY 1 PUBLIC HEARING, IF NEEDED 1 COUNCIL ACCEPTS FEASIBILITY STUDY AND ORDERS PLANS AND SPECS PLANS AND SPECS PRESENTED TO SPUC �. !COUNCIL CONSIDERS PLANS AND SPECS 1 COUNCIL APPROVED PLANS & SPECS COUNCIL DENIES AND ORDERS PROJECT PLANS AND SPECS (OR COMMISSION IF COUNCIL ACTION NOT REQUIRED) JOINT MEETING IF REQUESTED BY SPUC INSPECTION AND FIELD CHANGES COORDINATED BY STAFFS CHANGE ORDER APPROVED BY SPUC (CHANGE ORDER APPROVED BY COUNCIL )CHANGE ORDER DENIED BY COUNCIL JOINT MEETING IF REQUESTED BY SPUC r - - IFINAL PAYMENT AND APPROVAL BY SPUC FINAL PAYMENT AND APPROVAL BY CITY COUNCIL! PUBLIC IMPROVEMENT CHECK LIST '7? SHAKOPEE, MINNESOTA Cid1/10J. DATE ACTION TAKEN PROJECT INITIATED BY: CITIZEN(S) CITY COUNCIL UTILITY COMMISSION UTILITY COMMISSION INITIAL CONSIDERATION CITY COUNCIL INITIAL CONSIDERATION JOINT MEETING ENGINEERING DEPARTMENT REPORT REQUESTED ENGINEERING DEPARTMENT REPORT COMPLETED UTILITY COMMISSION CONSIDERS ENGINEERING REPORT CITY COUNCIL CONSIDERS ENGINEERING REPORT JOINT MEETING FEASIBILITY STUDY ORDERED FROM: FEASIBILITY STUDY PRESENTED TO UTILITY COMMISSION FEASIBILITY STUDY PRESENTED,TO CITY COUNCIL JOINT MEETING CITY COUNCIL ACCEPTS FEASIBILITY STUDY AND SETS HEARING ` PUBLIC HEARING HELD - (UTILITY COMMISSION INVITED) ORDER PROJECT AND DIRECT PREPARATION OF PLANS AND SPECS PLANS AND SPECS PRESENTED TO UTILITY COMMISSION PLANS AND SPECS PRESENTED TO CITY COUNCIL JOINT MEETING PLANS AND SPECS SENT TO STATE /SEWER BOARD /FEDERAL GOV'T. METRO COUNCIL /OTHER PLANS AND SPECS APPROVED AND BID LETTING DATE SET BID AWARDED -- project commences CHANGE ORDER REQUESTED CHANGE ORDER APPROVED BY UTILITY COMMISSION CHANGE ORDER APPROVED BY CITY COUNCIL • JOINT MEETING AS BUILT DRAWINGS COMPLETED PROJECT ACCEPTED AND FINAL PAYMENT APPROVED BY UTILITY COMMISSION PROJECT ACCEPTED AND FINAL PAYMENT APPROVED BY CITY COUNCIL PROCEDURE FOR LEVYING ASSESSMENTS COMMENCES 1 U.TILITY COMMISSION' ' MEM COUN I I PROJECT INITIATION RESUESTED UTILITY COMMISSION COUNCIL CONSIDER CONSIDER !JOINT MEETING IF NEEDED] -�' [ EER E ART PENT PREPARE REPORT • SETTING FORTH SCOPE OF FEASIBILITY STUDY UTILITY COMM SSION CONSIDER ENGINEER REPORT ,� JOINT MEE9 - I F NEEDED COUNCIL CONSIDER ENGINEER REPORT COUNCIL ORDER STUDY 1 FEASIBILITY STUDY PREPARED - 1 ..JM UTILITY COMMISSION CONSIDER ■ 4' FEASIBILITY STUDY JOINT MEET IF NEEDED COUNCIL CONSIDER _ • FEASIBILITY STUDY ! PUBLIC HEARING IF NEEDED LCOUNCIL ACCEPT FEASIBILITY STUDY AND ORDER PLANS AND SPECS PLANS AND SPECS PRESENTED TO UTILITY _COMMISSION - JOINT MEET , I F NEEDED COUNCIL CONSIDER PLANS AND SPECS PLANS AND SPEC' APPROVED AND PROJECT ORDERED AND AWARD BID (COUNCIL 'OR COMMISSION) INSPECTION AND FIELD CHANGES COORDINATED BY STAFFS HANGS RDER APPROVED B UTILITY COMMISSION "'�' -- JOINT MEET IF NEEDED 1 CHANGE ORDER APPROVED BY COUNCIL • AS BUILT DRAWINGS • COMPLETED FINAL PAYMENT AND APPROVAL! BY UTILITY COMMISSION FINAL PAYMENT AND APPROVAL BY COUNCIL - II C C RESOLUTION NO. 1357 A RESOLUTION ADOPTING A . COORDINATION SYSTEM OF PUBLIC IMPROVEMENT PROJECTS • WHEREAS, the City of Shakopee and the Shakopee Public Utilities Commission both have responsibilities in the construction and maintenance of public improvements; and WHEREAS, it is in the best interest of both organizations to coordinate the planning; and construction of public improvement projects. NOW 'THEREFORE BE IT RESOLVED BY '1'IIE CITY COUNCIL, OF THE CITY OF M.INNESO'IA, That the ;attached coordination system will be used by the City of Shakopee and the Shakopee Public Utilities Commi.ssi on for all public works projects; and that changes to this coordination system shall be made from time to time as. needed by mutual consent of both bodies. Adopted in __ - session of the City Council of the City of Shakopee, M.i anesoLa, held this /( -' day of -- il1:►L19. _ , 1979. ___,,.. -- 1 a., Mayor of the City of Shakopee ATTEST: ____C/Le.e_c.4— • City C rk . Approved • t form this k____ day of � _ - - 1979. • , .... , 9 , „ ,,, City ' f Lorney . Pat of Resolution No. 1357 • 1! • ...Adopted 1/16/79 • • • COORDINATION OF PUBLIC IMPROVEMENT PROJECTS Project Initiative 1. By Utility Commission 2. By citizen /property owner request or petition 3. By City Council A. If a proposed project is suggested to either body that body will consider project and 1. Agree with proposed project and request concurrance from other body. 2. Raise appropriate questions concerning the project and request a joint meeting. • B. If the proposed project is agreeable to both bodies then the Engineering Department will prepare a report setting forth the 'scope of the feasibility study that will be requested and a recommendation of who should do the feasibility study and submit this report to the Utility Commission at least five clays before their. meeting. C. Utility Commission will review this Engineering Department report and recommend agreement or appropriate changes. D. City Council will consider. the Engineering Department report and the Utility Commission comments and either order feasibility study if both bodies are in agree- ment or defer to next joint meeting of Utility Commission and Council. E. The feasibility report when received will be first • presented to the Utility Commission for their review and recommendation and then to the City Council with the comments of the Utility Commission. F. If the City Council does not agree with the comments of the Utility Commission then this project would be brought up at the next joint meeting of the Utility Commission and the City Council. • • �• Coordination of Public Improvement Projects • ' l( Page 2 G. Feasibility study is approved and the project,ordered and completed plans and specifications sent to the Utility Commission for review and approval and then to the City Council with the recommendation of the Utility Commission. H. After approval of the plans and specifications the project will be bid and let by the appropriate body. I. During construction of the project inspection and "field changes" will be coordinated with the staff of both bodies. J. Change orders will be approved by the Utility Commission first and then presented to the City Council. K. As built drawings will be secured and distributed to both bodies for filing. L. Final payment and project approval will be approved by the Utility Commission first and then the City Council. Administration 1. The City Engineer will attend all Shakopee Public Utility meetings at which public improvements are discussed. 2. Joint meetings of the Shakopee Public Utility Commission and the Shakopee City Council will be regularly held on the third Tuesday of each month. The agenda for the joint meeting will be sent out by the City of Shakopee and if no items are ready for the agenda, no meeting will be held and no agenda sent. Additional joint meetings may be called by either body as needed and will be arranged by staff at mutually convenient times. 3. A check list will be prepared to insure that all appropriate coordinations asset forth in this procedure is carried out. 4. Building permits and plumbing permits which have major impacts on the water and electrical utility system will be sent to the Utility Commission when reviewed. 5. The Utility Commission will be invited to any public hearing held by the City for a public improvement project. RECEIVED • VA SPRINGSTED INCORPORATED MY 51980 „ PUBLIC FINANCE ADVISORS CITY OF SHAKOPEE I May 1980 • • CLIENT BULLETIN Effective Thursday, April 24 the statutory limit for Minnesota bonds issued under Chapter 475 was increased from 7% to 12%. Assessments may carry a rate of interest up to 13 %. This is of course good news for you who have to come to market and couldn't sell within the 7% lid. Of equally good news though is that the market has shown remarkable strength. After rising 11 consecutive weeks from 7.28% to 9.44% the BBI on April 10 dropped 37 basis points to 9.07%, then to 7.89% the next week, but climbed back to 8.1 I% on the 24th of April. . A relatively light calendar of offerings has been a major contribution to the improvement as well as a wringing out of the panic of late February into early April. With Treasury Bills declining in yield (9I -Day Treasury Bills had a bond equivalent yield of I I.24% last Monday versus 17.49% on March 24) and the prime rate backing down, there is hope for a further lowering of rates. However, we do not foresee a dramatic change over the next 30 -60 days. Following are some recent general obligation sales: Average Net Issuer Amount Maturity Rating Interest Washington Co., MN $ 275,000 1 1 .46 A 8.35 Eden Prairie City, MN $15,020,000 11.06 A 8.29 Hibbing City, MN $ 350,000 8.33 A 7.57 St. Paul City, MN . $ 6,630,000 6.14 Aa 6.75 St. Paul City, MN $ 4,080,000 13.01 Aa 6.92 White Bear Town, MN $ 3,260,000 12.44 Baa- I 8.10 Eau Claire City, WI $16,330,000 10.75 Aa 8.44 Westby S /D, WI $ 450,000 5.46 A 7.87 Hudson City, WI $ 870,000 7.59 A 7.25 Marathon Co., WI $ 4,100,000 7.70 Aa 6.55 • 800 Osborn Building, Saint Paul, Minnesota 55102 (612) 222 -4241 ,vt.>w.. _�s.: ->.w w ._...,• s .... ,_:• _. . _ i ,aa.. . -ati _ .aF _..,,.1:. ......ase.a.M.:,.c .. .i :... ._.. .. -. ..... r' . /3 v . SPRINGSTED , '' INCORPORATED r ` PUBLIC FINANCE ADVISORS . " : 1 MAy .9 1980 8 May 1980 - c o OF 5 g!d0PE .: Moody's Investors Service, Inc. 99 Church Street New York, New York 10007 Attn: Ms. Fran Laserson Assistant Vice President RE: $2,900,000 General Obligation Improvement Bonds of 1980, Series A City of Shakopee, Minnesota Dear Ms. Laserson: We are enclosing two copies of the Official Statement for the above - captioned issue, a rating agreement signed by our firm, the City's latest available financial statement, and other pertinent information. Although we are making the rating application, we ask that you send the billing for your services directly to the Issuer who has been advised of your fee and has agreed to pay for the rating. The mailing address of the Issuer is: Mr. Douglas S. Reeder Administrator City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 We shall appreciate your assigning a provisional rating to this offering and notifying us of it by telephone. We also request that you send written notification of the rating to the Issuer at the address shown immediately above with a copy to this off ice. For more than a year now we have asked with each Shakopee bond issue that you take a special look at upgrading that City's single -A credit rating. With this $2,900,000 issue, we continue our quest, on behalf of the City, for a higher rating. Please consider the following: I. Major construction projects currently underway in the City total approximately $28 million. This includes the $16.I million K mart Corporation distribution center, and various other projects, as listed on page 25 of the Official Statement. This figure only includes projects now under construction. 2. The tax base is diverse, with . no single type of business or industry dominating. The range is from various manufacturing concerns to a 800 Osborn Building, Saint Paul, Minnesota 55102 (612) 222 -4241 Moody's Investors Service, Inc. 8 May 1980 Page 2 major metropolitan entertainment center (Valley Fair) to an important area medical facility. 3. St. Francis Hospital, a privately run I26 -bed general hospital in the downtown area, has asked for a Certificate of Need to expand its emergency and outpatient services. (No new beds would be added.) Cost of the expansion is estimated to be $5.8 million. St. Francis' location, south of the Minnesota River, has been a critical factor in its emergency and outpatient services, which have increased dramatically over the past three years. All other major metropolitan medical facilities are located north of the Minnesota River, and the bridge access element has proven a critical time factor. Further, the Metropolitan Area Health Board has stated firmly and clearly its opposition to any additional major health care facilities in the metropolitan area in the foreseeable future. St. Francis has a medical staff of 130 active and consulting physicians. 4. The City has recently completed its Comprehensive Land Use Plan, which includes a long -range Capital Improvement Program (see pages 28 -29 of the Official Statement). The Plan sets out guidelines for the orderly development of the City, including growth restrictions in its rural service area. We have included a copy of the Plan for your review and ask that you return it when your work is completed. 5. Financially, the City has demonstrated excellent fiscal management and has solid fund balances in every area. Funds on hand in all funds at the end of March, 1980 totaled $2.9 million. The Public Utilities Commission has reported retained earnings of $1.7 million and $1.6 million for 1979 and 1978, respectively. 6. Even with the addition of this $2.9 million bond issue, the City's debt pay -out is 86% within ten years. All financing is definitive, and requires no future market access for extension of the debt. 7. Tax collections have averaged 98.5% in the year of collection, with nearly 100% being collected in one to two years subsequent to scheduled collection. Consider also that only 12% of the City's levy is paid by the State via homestead credit. Finally, we should briefly refute several arguments which you have presented in the past in denying the City a higher rating. I. The City's debt per capita was higher than other credits: This is to be expected in a community with such a substantial commercial /industrial base. Its value per capita is also considerably higher than other credits. 2. Other higher rated credits had larger employers: We feel this is really not a valid argument for a metropolitan community. 3. The City must prove its ability to handle additional growth: For how long must it prove this? Significant growth has taken place over the past 5 -10 years, and the City has responded by extending the Moody's Investors Service, Inc. 8 May 1980 • Page 3, • necessary improvements while maintaining relatively low debt ratios and a rapid debt pay -out. The development of a Comprehensive Plan and Capital Improvement Program is an important factor here, and I hope your review of the Plan will leave you with the impression that the City is clearly concerned about regulation of growth, with the resultant community benefits. If you need additional information, please do not hesitate to call me. Thank you for your consideration. Very sincerely yours, 4.W V tatt,til Robert D. iPulscher President /gf • • • May 5, 1980 0 .COORDINATION OF WATER IMPROVEMENT PROJECTS A. Project Initiative 1. By Utility Commission with or without a request from a citizen or property owner or the City. B. The proposed project including proposed financing is sent to the City Council for review and approval or denial if: 1. The proposed project is on City right -of -way. )' 2. The proposed project is on City property. 3. The proposed project financing requires City action. 4. The proposed project affects the approved Comprehensive Plan. C. After the project is approved by the City Council, the Utility Commission will proceed to construct or the City will proceed to follow the Chapter 429 require- ments, if required and construct the project in conjunction with other public improvements if appropriate with the Utility Commission undertaking all necessary engineering required for the preparation of bid documents and submitting them to the City for approval and submitting the required documents to other appropriate agencies. D. If the project is denied by the City Council, the Utility Commission may modify the project and resubmit it to the Council, request a joint meeting or drop the project. E. After approval of the plans and specifications, the project will be bid and let by the appropriate body. F. If the project required initial Council approval, during construction of the project, inspection and "field changes" will be coordinated with the staff of both bodies and Change Orders will be prepared by the Utility Commission and approved by the City. G. If the project required initial Council approval, final payment and project approval will be recommended by the Utility Commission and approved by the City Council. Administration 1. The attached check list will be utilized to insure that all procedures are followed. 2. Building Permits and Plumbing Permits which have major impacts on the water and electrical utility system will be sent to the Utility Commission when reviewed. 3. All required Public Hearings will be joint Public Hearings with the City and the Shakopee Public Utilities_ Commission. 4. The City will prepare guidelines for the approval of water projects that require City approval in accordance with Paragraph B, listed above. • �etw. w. fw{ MF.( N+ „ nrr.dgkYaMlw�ws+wwew+ib..rw.+ are .lw.+.w...w.�.e�w�w..Lrw•w+ai : _ . ,. _ a�wi ..rYib.lu.rw{.�1wy,wa.,,,y2.�. ..__`___ ....�.._...._......,......wsw �.r....... ...ranw.. i _ w- - "- _ D. �.r•�...r.....�.�.l..r...i.. - �. .w.....1.++.a +r. _ May 5, 1980 WATER IMPROVEMENT CHECK LIST SHAKOPEE, MINNESOTA DATE . ACTION TAKEN PROJECT REQUESTED BY: CITIZEN(S) CITY COUNCIL UTILITY COMMISSION DEVELOPER UTILITY COMMISSION INITIATES PROJECT AND REQUIRES FEASIBILITY STUDY FEASIBILITY STUDY PRESENTED TO UTILITY COMMISSION UTILITY COMMISSION RECOMMENDS PROJECT TO CITY COUNCIL CITY COUNCIL ACTS ON PROJECT (APPROVED /DENIED) JOINT MEETING, IF REQUIRED JOINT UTILITY COMMISSION AND CITY COUNCIL PUBLIC HEARING HELD IF CHAPTER 429 PROJECT. CITY COUNCIL REQUESTS AND ACCEPTS FEASIBILITY STUDY AND SETS HEARING. ORDER PROJECT AND DIRECT UTILITY COMMISSION TO PREPARE PLANS AND SPECS. CITY COUNCIL ACTS ON PLANS AND SPECS. (APPROVED OR DENIED) JOINT MEETING, IF NEEDED PLANS AND SPECS SENT TO STATE /SEWER BOARD /FEDERAL GOV'T. METRO COUNCIL /OTHER PLANS AND SPECS APPROVED AND BID LETTING DATE SET BID AWARDED (PROJECT COMMENCES) CHANGE ORDER REQUESTED BY CITY COUNCIL OR UTILITY COMMISSION CHANGE ORDER APPROVED BY UTILITY COMMISSION CITY COUNCIL ACTION CHANGE ORDER (APPROVED /DENIED) JOINT MEETING, IF NEEDED PROJECT ACCEPTED AND FINAL PAYMENT APPROVED BY UTILITY COMMISSION PROJECT ACCEPTED AND FINAL PAYMENT APPROVED BY CITY COUNCIL PROCEDURE FOR LEVYING ASSESSMENTS COMMENCES, IF REQUIRED COORDINATION CHART FOR WATER IMPROVEMENT PROJECTS May 6, 1980 SPUC CITIZEN 1 (PROJECT INITIATION REQUESTED COUNCIL DEVELOPER SPUC INITIATE PROJECT AND REQUESTS FEASIBILITY STUDY FEASIBILITY STUDY PREPARED 1SPUC RECOMMENDS PROJECT 1 COUNCIL CONSIDERS PROJECT COUNCIL APPROVES] COUNCIL DENIES PROJECT PROJECT I . 1 JOINT MEETING IF 1 :REQUESTED BY 1 PUBLIC HEARING, IF NEEDED COUNCIL ACCEPTS FEASIBILITY STUDY AND ORDERS PLANS AND SPECS PLANS AND SPECS PRESENTED TO SPUC COUNCIL CONSIDERS PLANS AND SPECS COUNCIL APPROVED PLANS & SPECS COUNCIL DENIES AND ORDERS PROJECT PLANS AND SPECS (OR COMMISSION IF COUNCIL ACTION NOT REQUIRED) JOINT MEETING IF REQUESTED BY SPUC INSPECTION AND FIELD CHANGES COORDINATED BY STAFFS TCHANGE ORDER APPROVED BY SPUC 1 CHANGE ORDER APPROVED BY COUNCIL . CHANGE ORDER DENIED BY COUNCIL JOINT MEETING IF REQUESTED BY SPUC 'FINAL PAYMENT AND APPROVAL BY SPUC 1 1FINAL PAYMENT AND APPROVAL BY CITY COUNCIL PUBLIC IMPROVEMENT CHECK LIST SHAKOPEE, MINNESOTA DATE ACTION TAKEN PROJECT INITIATED BY: CITIZEN(S) CITY COUNCIL UTILITY COMMISSION UTILITY COMMISSION INITIAL CONSIDERATION CITY COUNCIL INITIAL CONSIDERATION JOINT MEETING ENGINEERING DEPARTMENT REPORT REQUESTED ENGINEERING DEPARTMENT REPORT COMPLETED UTILITY COMMISSION CONSIDERS ENGINEERING REPORT CITY COUNCIL CONSIDERS ENGINEERING REPORT JOINT MEETING FEASIBILITY STUDY ORDERED FROM: FEASIBILITY STUDY PRESENTED TO UTILITY COMMISSION FEASIBILITY STUDY PRESENTED TO CITY COUNCIL JOINT MEETING CITY COUNCIL ACCEPTS FEASIBILITY STUDY AND SETS HEARING r PUBLIC HEARING HELD - (UTILITY COMMISSION INVITED) ORDER PROJECT AND DIRECT PREPARATION OF PLANS AND SPECS PLANS AND SPECS PRESENTED TO UTILITY COMMISSION PLANS AND SPECS PRESENTED TO CITY COUNCIL JOINT MEETING PLANS AND SPECS SENT TO STATE /SEWER BOARD /FEDERAL GOV'T. METRO COUNCIL /OTHER PLANS AND SPECS APPROVED AND BID LETTING DATE SET BID AWARDED -- project commences CHANGE ORDER REQUESTED CHANGE ORDER APPROVED BY UTILITY COMMISSION CHANGE ORDER APPROVED BY CITY COUNCIL JOINT MEETING AS BUILT DRAWINGS COMPLETED PROJECT ACCEPTED AND FINAL PAYMENT APPROVED BY UTILITY COMMISSION PROJECT ACCEPTED AND FINAL PAYMENT APPROVED BY CITY COUNCIL • PROCEDURE FOR LEVYING ASSESSMENTS COMMENCES ,`_� 1 UTILITY COMMISSION' ' CITIZEN f COUNCIIj 3 INITIATION REQUESTED I UTILITY COMMISSION COUNCIL CONSIDER CONSIDER JOINT MEETING IF NEEDED --- EMTNEEKMPTRTMENT PREPARE REPORT • SETTING FORTH SCOPE OF FEASIBILITY STUDY ti UTILITY COMM SSION CONSIDER ENGINEER REPORT JOINT MEE] IF NEEDED COUNCIL CONSIDER ENGINEER REPORT COUNCIL ORDER STUDY 1 FEASIBILITY STUDY PREPARED UTILITY COMMISSION CONSIDER FEASIBILITY STUDY JOINT MEET IF NEEDED COUNCIL CONSIDER FEASIBILITY STUDY +._ , PUBLIC HEARING IF NEEDED R COUNCIL ACCEPT FEASIBILITY STUDY AND ORDER PLANS AND SPECS PLANS AND SPECS PRESEN'T'ED TO UTILITY COMMISSION ]MISSION - „.1 JOINT. MEET �.. _ I F NEEDED COUNCIL CONSIDER PLANS AND SPECS - PLANS AND SPEC APPROVED AND PROJECT ORDERED AND AWARD BID (COUNCIL OR COMMISSION) INSPECTION AND FIELD CHANGES Get, k (CHANGE ORDER APPROVED BY (_ UTILITY COMMISSION JOINT MEET IF NEEDED r CHANGE ORDER APPROVED BY COUNCIL L AS BUILT DRAWINGS COMPLETED FINAL PAYMENT AND APPROVAL' BY UTILITY COMMISSION FINAL PAYMENT AND APPROVAL] BY COUNCIL ...,.., eZZ r RESOLUTION NO. 1 357 A RESOLUTION ADOPTING A . COORDINATION SYSTEM OF PUBLIC IMPROVEMENT PROJECTS • WHEREAS, the City of Shakopee and the Shakopee Public Uti[1ties Commission both have responsibilities in the construction and maintenance of public improvements; and WHEREAS, it is in the best interest of both organizations to coordinate the planning and construction of public_ improvement projects. NOW 'THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THIS CITY OF SHAKOPEI , MINNESOTA, That the attached coordination system will be used by the City of Shakopee and the Shakopee Public Utilities Commission for all public works projects; and that changes to this coordination system shall be made from time to time as:needed by mutual consent of hoLh bodies. Adopted in __ L ..I. ' . _ session of the City Council of the City of Shakopee, Mi'tnesota, held this /‘ — _ day of 'L1,:'1Lt _ , 1979. ' ____ces ■41-/C.17„ Mayor of Lhc Ci Ly of Shakopee ATTEST: C i t y __f7a..e..,..6Z C r. k , % Approved • : to form this /5_ day of _, 1979. J City . t torney Part of Resolution No. 1357 ..Adopted 1/16/79 • COORDINATION OF PUBLIC IMPROVEMENT PROJECTS Project Initiative 1. By Utility Commission 2. By'citizen /property owner request or petition 3. By City Council A. If a proposed project is suggested to either body that body will consider project and 1. Agree with proposed project and request concurrance from other body. 2. Raise appropriate questions concerning the project and request a joint meeting. • B. If the proposed project is agreeable to both bodies then the Engineering Department will prepare a report setting forth the scope of the feasibility study that will be requested and a recommendation of who should do the feasibility study and submit this report to the Utility • Commission at least five clays before their. meeting. C. Utility Commission will review this Engineering Department report and recommend agreement or appropriate changes. D. City Council will consider. the Engineering Department report and the Utility Commission comments and either order feasibility study if both bodies are in agree- ment or defer to next joint meeting of Utility Commission and Council. E. The feasibility report when received will be first • presented to the Utility Commission for their review and recommendation and then to the City Council with the comments of the Utility Commission. F. If the City Council does not agree with the comments of the Utility Commission then this project would be brought up at the next joint meeting of the Utility Commission and the City Council. • • • Coordination of Public Improvement Projects • Page 2 G. Feasibility study is approved and the project ordered and completed plans and specifications sent to the Utility Commission for review and approval and then to the City Council with the recommendation of the Utility Commission. H. After approval of the plans and specifications the project will be bid and let by the appropriate body. I. During construction of the project inspection and "field changes" will be coordinated with the staff of both bodies. • J. Change orders will be approved by the Utility Commission first and then presented to the City Council. K. As built drawings will be secured and distributed to both bodies for filing. L. Final payment and project approval will be approved by the Utility Commission first and then the City Council. • Administration 1. The City Engineer will attend all Shakopee Public Utility meetings at which public improvements are discussed. 2. Joint meetings of the Shakopee Public Utility Commission and the Shakopee City Council will be regularly held on • the third Tuesday of each month. The agenda for the joint meeting will be sent out by the City of Shakopee and if no items are ready for the agenda, no meeting will be held and no agenda sent. Additional joint meetings may be called by either body as needed and will be arranged by staff at mutually convenient times. 3. A check list will be prepared to insure that all appropriate coordinations asset forth in this procedure is carried out. 4. Building permits and plumbing permits which have major impacts on the water and electrical utility system will be sent to the Utility Commission when reviewed. 5. The Utility Commission will be invited to any public hearing held by the City for a public improvement project. • ti ..aasi�• CITY 4:F SHAKOPEE N C 0 R P 0 RAYLI0 1670 .. ' y.. IM ;IO ,SUINGmrw4i►es a 4 m/+u4a444$040t Nwewva t; q A 129 E. First Ave., Shakopee, Minnesota 55379 (612) 445 -3650 !it x May 2, 1980 Glenn Zacharias 2300 Horizon Circle Burnsville, MN 55378 RE: S. 191.81 of„N= 383.63 and S. 191.81 of N. 575.44 of A E 6/7 EZ SE4 S of arcs Addition Tracts B and C Dear Mr. Zacharias: • . This letter is to confirm a conversation LeRoy Houser, City Inspector, had with you concerning the fill at the above references site, The City of Shakopee reouests that you dig out and haul to an appropriate land fill solid waste and demolition rubble that has been deposited at this site. The City will be out in 30 days to take test borings to assure that all fill material noted above has been removed. If the removal of the solid waste and rubble has not been completed by June 2,, 1980, this matter will be turned over to the City Attorney. The City of Shakopee appreciates your cooperation in this matter. Sincerely, Tim Keane City Planner TK:nae cc LeRoy Houser, Inspector ,/Doug Reeder, City Administrator Jack Coller, City Attorney H.R. Spurrier, City Engineer The Heart of Pro Valle An Equal Opportunity Employer