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HomeMy WebLinkAbout09/01/1992 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: August 28, 1992 1. Attached is correspondence from Fulton Schleisman to Christina Daniels regarding the structure located at 128-132 Holmes. 2. Attached is a memorandum from the City Attorney regarding a new case regarding Council appointments. 3. Attached is the Business Update from City Hall for September. 4. Attached is the Police Newsletter for Council review. 5. Attached are the agendas for the September 3 , 1992 meetings of the Planning Commission and the Board of Adjustment & Appeals. 6. Attached is a memorandum from the City Attorney regarding required court appearances. 7 . Attached is correspondence from the City Clerk to the MN Dept. of Health regarding Minnesota Water Connection Fee, Quarterly Payment Coupons. 8. Attached are the minutes of the Planning Commission and Board of Adjustments and Appeals of August 6, 1992 . 9. On August 27, 1992, the Assistant City Administrator spoke with Mr. Bill Morris from Decision Resources regarding the status of the Community Survey. Mr. Morris stated that 370 of the phone contacts have been completed. He expects that the remaining 30 call backs would be completed between now and Labor Day. Mr. Morris stated that he felt the analysis would be complete by mid-September. He suggested that a meeting be tentatively schedule for September 22, 1992 to share the questionnaire results with City Council. 10. It is expected that on September 1, 1992 the Shakopee Housing and Redevelopment Authority will be transferring the cash proceeds from the sale of Outlot A, Macey's 2nd Addition to the City of Shakopee for Park purposes. Providing the expected action occurs, staff will be depositing the proceeds in the Park Reserve Fund unless otherwise directed by City Council. If Council desires to place the funds in a different account, please bring the item up on the Council agenda under other business. 11. The Scott County Board of Commissioners is in the process of classifying property forfeited to the State for non payment of property taxes. Property is to be classified as conservation or non-conservation. On August 19, 1992 the Assistant City Administrator met with Mr. Thomas Lannon, Deputy Auditor to discuss whether or not the City of Shakopee might have an interest in any of the tax forfeited property. The majority of the parcels were small remnants. However, staff did express a possible interest in five separate parcels. Indicating an interest in the property does not bind the City of Shakopee in any way. The expression of interest simply will place the property in a conservation property tax classification. Property placed in the conservation status will be reserved for possible acquisition by the governmental authority expressing the interest in the property. All other property will be sold at a public auction. When the property becomes available that has been placed on the conservation status, the City has the option to purchase the property at the sale price posted by the Scott County Board of Commissioners. The City has the right to select not to purchase property that they may have previously expressed an interest in at any time. Section Maps indicating the location of the five parcels that may be of interest to the City in acquiring are located in the Assistant City Administrators office. If you wish to review the Section Maps, please feel free to stop by the Assistant City Administrators office. 41, CITY OF SHAKOPEE 4 INCORPORATED 1870 EK01, 129 EAST FIRST AVENUE,SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 . ,c..., August 25, 1992 ' ' Christina M. Daniels c/o William Daniels 4539 Heritage Hills Circle Bloomington, MN 55437 Re: 128-132 Holmes Street, Shakopee, MN N 40 ' of S 102 ' of Lot 5, Block 22, Original Shakopee PID # 27-001150-0 Dear Mr. Daniels : Please be advised that I have determined that the above referenced property is vacant, unoccupied and hazardous because the building is open to trespass. Because the building could be made safe by securing, I am ordering the building secured no later than September 9, 1992. If you fail to comply by September 9, 1992 I will have the building secured and the cost thereof charged against the above referenced real estate. If you have any questions regarding this matter, do not hesitate to call. Sin erel "e�ey Fulton Schleisman Building Official FS/jms The Heart Of Progress Valley AN EQUAL OPPOPTUNITY EMPLOYER MEMORANDUM TO: Mayor and Members of the City Council FROM: Karen Marty, City Attorney DATE: August 25, 1992 RE: New Case Regarding Council Appointments On a regular basis I summarize new cases for the City departments. I read one today which may be of interest to you. In one of the more bizarre cases I have seen this year, Richfield was sued by someone who wanted to be appointed to the City Council, in Farrington v. City of Richfield. He alleged that they failed to appoint him due to his sex (male) and age (67) , and sued for age and sex discrimination under the Human Rights Act. The Court noted that law applies only to employees, and granted the City summary judgment. This is FYI. Signed Karen Mart , Thit Attorney KEM:bjm �.: [25MEMO] cc: Dennis Kraft 3 BUSINESS UPDATE FROM CITY HALL Vol. 6 No. 9 Dear Chamber Member: September 1, 1992 Administration 4th precinct - Eagle Creek Thrift Shop - The City has received a request from Amzak Cable, Junction of CR-16& CR-83 Midwest Inc. to amend the Cable Franchise 5th precinct - Community Youth Bldg. - 1121West Ordinance. Amzak Cable would like to consolidate 11th Avenue (Lions Park) the Shakopee head-end facility with Chaska's If you do not know where you vote, call the head-end facility. The Cable Company believes this action would improve picture quality in County Auditor at 496-8160 or the City Clerk at Shakopee, expand programming options and 445-3650. increase channel capacity. + + + •"".. •M, The Shakopee Cable Commission will be reviewing ++ + + } + • ••'•'• ,`. Amzak Cable's request on August 31st. Of concern to the City is our ability to maintain operational • control over a freestanding cable operation within �• ;l;•�•, 1. ••' ••�, ,� ,lrin.�.• . . Shakopee in the event of a future sale of the cable •'a„ ,• '' system. Amzak Cable's request would also require the establishment of a joint powers agreement Community Development with the City of Chaska. Further analysis of Amzak's proposal will be necessary before a On August 11,1992 the Shakopee City Council tabled formal recommendation is made to City Council action on hiring an architect to develop plans and by the Cable Commission. specifications for constructing a permanent shell around the existing Valley Ice Arena facility. City Clerk Council felt that it would be desirous to obtain the results from the Municipal Facility Survey prior V 0 T E to proceeding with the ice arena project. Council also requested further analysis on projected Tuesday, P, Se (ember 15, 1992 operational costs and potential lease agreements with Valley Ice Arena, Inc. Staff expects that the community survey will be completed in early Exercise your right to vote. The polls will be open September. Additional information on operational from 7:00 a.m. until 8:00 p.m. for the State and costs, lease arrangements and architectural County Primary Election on Tuesday, September services will be presented to Council on September 15th. 15th. Polling places for the City of Shakopee are: In September, City Council will also be presented with design plans and specifications for expanding 1st precinct - Fire Station - 334 West 2nd the concession stand at Tahpah Park. The 2nd precinct - Public Library - 235 So. Lewis expansion will include the construction of 3rd precinct - Presbyterian Church - 909 additional covered seating area and a storage Marschall Road room. The plans also call for the remodeling and expansion of the Men's and Women's restrooms to At this same meeting, the Planning Commission bring them into compliance with the America recommended that the City Council vacate the with Disabilities Act. The actual concession food alley within the 800 block of East 1st Avenue. This serving area will also be remodeled to provide block contains the Red Owl store, among other additional space for serving food. Staff is businesses. The alley was platted in 1856 and optimistic that the project will be bid in September never constructed. with project completion scheduled for late November. The Commission continued the public hearing to consider an amendment for NBZ Mining to allow Park and Recreation two propane tanks used for heating on their property located south of County Road 16, and At its July 22, 1992 meeting, the Park and west of County Road 83. This public hearing was Recreation Advisory Board established an ADA continued to the September 3,1992,meeting of the Park Facilities Sub-Committee to review policies Planning Commission. At the August 6th and procedures to ensure Shakopee's park facilities meeting, the Planning Commission also approved and programs do not discriminate against those the annual review for the Shiely Company's with disabilities. The Committee's major focus Conditional Use Permit, Mineral Extraction, and will be on programs and existing park facilities to land Rehabilitation Permit. make sure they are accessible and barrier free. The ADA Park Facilities Sub-Committee will The Planning Commission discussed the 1993-1997 consist of citizens from the community who have Capital Improvement Program at their August 6, a special interest or are directly affected by ADA. 1992, meeting, and recommended the City Council's approval. They also reviewed and Planningdiscussed the proposed Citywide Sidewalk and Trail Plan maps, and also recommended their approval to the City Council. At their meeting on August 6, 1992,the Shakopee Board of Adjustment and Appeals approved a 22.5 foot variance to the 30 foot front yard setback Public Works/Engineering within the Heavy Industrial (I-2) zoning district. This variance was requested by Shakopee Services and will allow them to construct an addition onto On August 18,1992 the City Council held a public the west side of their existing structure, hearing and ordered the extension of the VIP Interceptor Sewer between C.R. 79 and C.R. 15. On August 6, 1992, the Shakopee Planning This sewer is needed to serve developing lands Commission recommended to the City Council the south of 10th Ave. and north of the proposed rezoning of property south of Clifton Townhomes Shakopee Bypass. from Multi-Family Residential (R-0) and Urban Residential (R-2) to Mid-Density Residential (R-3). Construction has started on the downtown T.H. In addition, the Commissioners were introduced to 169 bridge project. The contractor is Lunda a potential Planned Unit Development (PUD) for Construction from River Falls, Wisc. The project the site. A recommendation to the City Council is expected to take 2 years to complete. regarding the proposed PUD will be requested at the September meeting of the Planning The Vierling Drive extension from C.R.17to C.R.79 Commission. - -- - - is under construction and should be completed yet this fall. The Planning Commission also recommended to the City Council approval of the final plat for The Apgar Street Reconstruction Project (located Market Place. The proposed subdivision is located between 6th Ave. and 1st Ave.) is being rebid due west of Market Street and north of 5th Avenue, to the deletion of a storm sewer project included in and contains 6 residential lots. the bid. The bid opening is scheduled for August 27,1992. S TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN September 3, 1992 Chairperson Terry Joos Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of the August 6, 1992, Meeting Minutes 4. Recognition by Planning Commission of Interested Citizens. 5. 7:40 P.M. CONTINUED PUBLIC HEARING: To consider an amendment to Conditional Use Permit No. 376 for NBZ Mining to allow two propane tanks for heating on the property located south of CR 16, west of CR 83 and north of Valley View Rd. Applicant: NBZ Enterprises, Inc. Action: Amend Conditional Use Permit No. 376 6. 7:50 P.M. PUBLIC HEARING: To consider a Planned Unit Development consisting of two 3 & 4 unit townhomes, located south of Clifton Townhomes. Applicant: LeRoy Menke 7. Vacation: To consider the vacation of portion of Minnesota Street north of the alley located north of 7th Ave. Applicant: LeRoy Menke 8. 8:10 P.M. PUBLIC HEARING: To consider the renewal and amendment of a conditional use permit for operating a concrete and ready mix plant with a structure in excess of 45' . Applicant: Model Stone Co. Action: Amend and Renew Conditional Use - Permit No. 576 9. Final Plat: To consider an application for the final plat of Maple Trail Estates, lying on the east side of CR 17 across from Timber Trails Addition. Applicant: Laurent Builders, Inc. Action: Final Plat Approval 10. 8:30 P.M. PUBLIC HEARING: To consider the rezoning of 16.9 acres at 1570 E. Hwy 101 from I-i to I-2. Applicant: Universal Forest Products, Inc. 11. Sidewalk/Trail Plan 12 . Other Business A. Updated Application Packets B. C. 13. Adjourn Lindberg S. Ekola city Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENtATIVE AGENDA BOARD OP ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN September 3, 1992 Chairperson William Mars Presiding 1. :Roll Call at 7:30 P.M. 2�. Approval of Agenda 3. Approval of August 6, 1992, Meeting Minutes 4. Recognition by Board of Adjustments and Appeals of Interested -Citizens. S. 7:30 P.M. PUBLIC HEARING: To consider a variance to the side yard setback at 4751 Eagle Creek Blvd. to build an addition - onto the garage: -- - - Anolicant: Keith John Clemens Action: Resolution No. 644 6. Other Business a. b. c. 7. Adjourn Lindberg S. Ekola City Planner NOTE TO THE B.O.A.A. MEMBERS: ISI 1. If you have any questions or need additional information on any of the above items; please call Terrie or- Aggie on the Monday or Tuesday prior to the meeting. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. i it 6 MEMORANDUM TO: Dennis Kraft, City Administrator FROM: Karen Marty, City Attorney DATE: August 27, 1992 RE: Required Court Appearances (for the Council Non-agenda Informational Items Packet) The Receptionist (Tami Vidmar) and the MIS Coordinator (Steve Hurley) have worked together to prepare the attached graph showing the required criminal court appearances of the City Attorney for the past few months. The work is listed in six categories: first appearances (arraignments for gross misdemeanor defendants) , omnibus/pretrial hearings for gross misdemeanor defendants, jury trials, court trials, contested probation revocations hearings and sentencings, and calendar calls (misdemeanor pretrials) . We have dozens of uncontested probation revocation hearings and continuances which add substantially to the secretary's workload, which are not charted here. Since our records are somewhat scattered prior to March 1991, we did not chart prior to then. This is the first time we have looked at the over-all picture of court appearances. A few items stand out at first look. As you can see, the number of cases I am handling in court varies quite a bit from month to month. In May of this year I took a vacation for one week, and so those matters were handled either earlier or later, some of them in June. We did not handle gross misdemeanors in 1991, so only 1992 has "First Apps" and "Omnibus Hrgs". We did not really get rolling on the formal complaints for gross misdemeanors until late spring, so these are increasing the calendar more now than earlier this year. The summer and autumn are the busiest times, since we have all the summer traffic and entertainment business violations then. The chart is set up month-to-month, which does not precisely fit the Court's schedule. The Court decides what is the "first" week in a month, and schedules matters based on whether this is the first two weeks or the second two weeks of a month. Some months the judges have conferences, more vacations than average, or holidays (e.g. , September and November) , and fewer matters are set then. Still, the months can be compared to see how matters are increasing or decreasing from last year to this. Following the Police Department's excellent example, we will be trying to provide an updated chart on a monthly basis. If you have any questions regarding this, please leme know. [27MEMO] Signed �EM:bjm � A4 Attachment Karen M. y, City ttorney C ON o N l R 06 N I N N .NN. U Q 9 H o ort. -a isaiL & O % U a U N W IF/////////////////, N N m ////// 0 (nNM////////// ///iii.. /iii/i - iia.%///i/ ii.. :vi/ii/. /i/oi.:_uL a o l m aii- c /, L �....----7, as m w VAAAAAAOAWVA %/ / U ii//i ii/ilio/U//O///-/U///i Q. ................7.....A.......:... .1* --io, ../� e.m 111M Q ---� N a....�....��. �o/, ,/i/, m ___�� N O :X or mourria 0 f0 1•111111111111 1- N x.",:::.7/////////// ////i//�/// - ///////, N FS.�eI%////////////i vi c v //lin/.. i . a) 11111=4,.4 T // /i /// commemnicco ,c7; co i///i////// = N 07) N N M 1.11 .1111.11.1M N A n0 o N O O N O 0 seoueaeeddy to JaquwnN 1.111\=- CITY OF SHAKOPEE tiv°`;tz= INCORPORATED 1870 0 -` e 129 EAST PAST AVENUE,SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 K(]� August 27, 1992 CI Mr. Raymond W. Thron, Ph.D. , Director Division of Environmental Health Minnesota Department of Health 925 Delaware Street Southeast P.O. Box 59040 Minneapolis, MN 55459-0040 Re: Minnesota Water Connection Fee, Quarterly Payment Coupons Dear Mr. Thron: I have received from you a book of quarterly payment coupons to be used when remitting payments for the $5.21 annual water service connection fee. I am forwarding the book of quarterly payment coupons to the Shakopee Public Utility Commission. I previously forwarded to them the letter of June 10, 1992 , from Marlene E. Marschall, Commissioner of Health, detailing the collection of the annual water service connection fee. The Shakopee Public Utility Commission is an independent Commission, appointed by the City Council, delegated the responsibility for the water system within the City of Shakopee. Please address future communication regarding the Minnesota Water Connection Fee to: Ms. Barbara Menden, Secretary, Shakopee Public Utility Commission, 1030 East Fourth Avenue, Shakopee, MN 55379. Sincerely, 1 ii Judith S. Cox City Clerk CC: Barbara Menden, Secretary SPUC Lou Van Hout, Manager SPUC Dennis R. Kraft, City Administrator Gregg Voxland, City Finance Director The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER • ' Division of Environmental Health _ 925 Delaware Street Southeast P.O. Box 59040 Minneapolis, MN 55459-0040 (612) 627-5100 DATE: June 10, 1992 TO : City Councils, Town iip Boards, Rural Water Districts FROM: Marlene E. Marsctali�6 Commissioner Protecting the health of people consuming water from public water supplies is a responsibility that the Minnesota Department of Health (MDH) assumes from the federal government. In Minnesota, the MDH must enforce the requirements of the federal Safe Drinking Water Act, and regulations developed by the U.S. Environmental Protection Agency for providing safe drinking water. The federal government has determined that the numbers of parameters monitored should increase from 23 to 83 parameters. During the 1992 state legislative session, the MOH was authorized to assess a fee of $5.21 per water service connection to cover the total state costs of the program. The fee is to be paid by a public water supply owned or operated by a city, town or water user district. (Laws of Minnesota 1992, Chapter 513, Article 6, Section 2. ) This is to notify you of the following: I. You must collect $5.21 annually from every service connectionserved by your water supply as of July 1 of that year. 2. You must pay the Department of Revenue one fourth of the total yearly fee each calendar quarter. The first quarterly payment is due on or before September 30, 1992. A water supply with fewer than 50 service connections may make one payment annually starting no later than June 30, 1993. 3. If you do not submit payment within 30 days of the due date, you must pay an additional late fee. The late fee is 5 percent of the actual amount of the fees collected on service connections. To assist with the payment of the fee, the MDH will soon be distributing coupon booklets that will aid you in returning the fee amount to the Department of Revenue. To inform the MDH of the number of service connections served by your water supply, we request that you return the enclosed postcard by July 15, 1992. To inform your water supply customers of the fee, we suggest a way to describe the fee is, "Fee for safe drinking water testing program mandated by federal law. " We hope to make collection of this fee as simple as possible. Public water supply staff are available to answer questions concerning the fee collection requirements at 612/627-5170. We would like to hear any suggestions you may have to ease this process. We are aware of some confusion regarding the effective date of this legislation. After consulting with the Attorney General 's office we have concluded that the laws support collection of this fee at this time. Thank you for your cooperation in this effort. We know you share our concern that safe drinking water continue to be provided to the citizens of Minnesota. MEM:VLR:mjk c' cc: Water Operator ,y) s6' S An Equal Opportunity Employer S^ A1/41' ort 8. OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota August 6, 1992 MEMBERS PRESENT: Spurrier, Mars, Joos, Madigan, Kelly, Zak MEMBERS ABSENT : Christensen STAFF PRESENT Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Jane VanMaldeghem, Recording Secretary I. ROLL CALL Chrmn. Mars called the meeting to order at 7 : 30 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved with the addition of administration of the oath of office to newly-appointed Commissioner Gayle Madigan. The Oath of Office was administered to Gayle Madigan. III. APPROVAL OF JULY 9. 1992, MEETING MINUTES Motion: Zak/Kelly moved to approve the meeting minutes as presented. Vote: Motion carried with Comm. Joos abstaining due to his absence. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC HEARING: FRONT YARD VARIANCE/SHAROPEE SERVICES Chrmn. Mars opened the public hearing to consider a variance to the front yard setback at 730 West 3rd Avenue to build an addition onto an existing building. The Assistant Planner presented the staff report. She stated this parcel is zoned Heavy Industrial and added that the existing structure is a nonconforming structure in terms of both the front and side yard setbacks. The Assistant Planner stated that the applicant is proposing to construct a 1, 620 square foot addition on to the west side Mesing of the Page- 2 Board of Adjusimeot and App®h August 6,1992 of the existing structure. She added that the site has City water and storm sewer available, but sanitary sewer services are not available at the site. The Assistant Planner stated that there is approximately 23 feet from the south side of the existing building to the 30 foot rear setback line in which an addition could be constructed within the required setbacks and 80 feet of distance within the vacated street to the west. She stated that staff feels that there are no special conditions or circumstances that exist which would warrant the granting of this variance. She stated that a variance to the provisions of the Zoning Chapter may be issued to provide relief to the landowner in those zones where the Chapter imposes undue hardships or practical difficulties to the property owner in the use of land. A variance may be granted only in the event that certain criteria can be met. She stated that staff is recommending denial of the variance based on the findings for these criteria, and because the conditions required for approval of a variance do not exist. Clete Link was present representing Shakopee Services. He stated that they realize this proposed structure does not meet standards, but he suggested the Board look at the positives of this request. He stated the applicant is trying to improve the working conditions for their employees, and increase tax dollars for Shakopee. Bill Schmidt, Shakopee Services shop manager, stated there is limestone in this area and the installation of sanitary sewer would be a large expense. He explained the need for the requested variance. Jane Marshall, 600 Hennes Avenue, stated she is an employee of Shakopee Services and all this business wants to do is remain competitive and to do this they need to enlarge their facilities. She added they cannot expand in other directions without creating additional problems. She stated their business has only so much money to spend, and they prefer to upgrade their current facilities, rather than make improvements that would bring the structure into conformance with the Zoning Ordinance. Chrmn. Mars asked for additional comments from the audience. There was no response. Motion: Kelly/Zak moved to close the public hearing. hfemog of the Page- 3 Board of Adjushmmt and Appeals Augast 6, 1992 Vote: Motion carried unanimously. Discussion was held on the applicant meeting all the required criteria in order for variance approval. Clete Link stated that to move the addition back would mean getting close to a residential area, and if the applicant was to install sanitary sewer this would be a hardship because of the limestone. He added that the applicant just wants to enlarge their facility to serve his business better. Motion: Joos/Zak offered Variance Resolution No. PC-643, A Resolution Denying a 22 .5 foot Variance to the Required 30- foot Minimum Front Yard Setback in the Heavy Industrial Zoning District, and moved for its adoption. Vote: Motion failed with Comm. Joos voting in favor. Discussion was held on the meeting of all criteria in order to approve a variance. Motion: Spurrier/Kelly moved to approve the request for a 22 .5 foot variance from the 30-foot front yard setback within the Heavy Industrial (I-2) Zoning District; whereas the application has been made for the variance and it is the finding that this addition would be a new structure that was placed at a same setback as the existing structure, that being the minimum amount needed to relieve the hardship created by the limestone at or near the surface, and that this does not grant the applicant privileges not shared by other property owners in the vicinity of this improvement. Discussion continued on the meeting of the required criteria for approval of a variance. Jane Marshall stated that common sense should prevail in this issue. She stated that to extend the structure to the rear would create problems with the neighboring residents. She added that they just want the opportunity to improve their facilities. She questioned if an improvement to a parcel doesn't make more sense than trying to meet all the criteria for variance approval. She asked if the function of the Board of Adjustments and Appeals is not to make decisions in a situation as this. The City Planner stated that the Board of Adjustments and Appeals has procedures and guidelines that must be applied to each case. He gave the options available to the Planning Commission: deny, approve, or table for further information and study. Me*Uag of the Page- 4 Board of Adjubm®t and Appeak August 6,1992 Mr. Link stated that this is an existing building and the applicant has limited funds. He stated this is an improvement and this should be taken into consideration. Discussion was once again held on the criteria that would have to be met to grant approval for this variance request. Comm. Spurrier stated that the applicant did not cause the existing problems on the site and this in itself should be considered a hardship to the applicant. He stated that the toughest criteria to meet would be that of not granting a special privilege to the applicant. Vote: Motion carried with Comm. Joos voting in opposition. VI. OTHER BUSINESS No other business came before the Board of Adjustments and Appeals. -- VII. ADJOURNMENT Motion: Zak/Spurrier moved to adjourn. Vote: Motion carried unanimously. Meeting adjourned at 8: 20 p.m. 8. OFFICIAL PROCEEDINGS OF THE PLANNING COMMISSION Regular Session Shakopee, Minnesota August 6, 1992 MEMBERS PRESENT: Joos, Mars, Spurrier, Kelly, Madigan, Zak MEMBERS ABSENT : Christensen STAFF PRESENT Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Jane VanMaldeghem, Recording Secretary I. ROLL CALL Chrmn. Joos called the meeting to order at 8:20 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF JULY 9, 1992, MEETING MINUTES The meeting minutes were approved, with the change in Item IV- Recognition of Interested Citizens, to reflect Vice Chrmn. "Mars" instead of "Joos" . IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC REARING: CUP AMENDMENT/NBZ ENTERPRISES, INC. Chrmn. Joos continued the public hearing to consider an amendment to Conditional Use Permit No. 376 for NBZ Mining to allow two propane tanks for heating on the property located south of County Road 16, West of Country Road 83 , and north of Valley View Road. The City Planner stated that the Court of Appeals had not reached a decision, and since the Planning Commission has until October 15, 1992, to reach a decision on the proposed amendment, staff is recommending continuation of the public hearing. Motion: Zak/Spurrier moved to continue the public hearing for the proposed amendment to Resolution No. 376, to the September 3 , 1992, Planning Commission meeting. Vote: Motion carried unanimously. Minutes of die PRM- 2 Shakopeenaming Commission Au hat 6,1992 VI. PUBLIC HEARING: REZONING/LEROY MENKE Chrmn. Joos continued the public hearing to consider the rezoning of property south of Clifton Townhomes from R-4 and R-2 to R-3 . The City Planner stated the area being considered for rezoning is approximately 8 acres in size and is located along Dakota Street, south of 4th Avenue. The northeast portion of the subject site is currently zoned multi-family residential (R- 4) , and the remainder of the site is currently zoned Urban Residential (R-2) . The City Planner stated that Mr. Menke is proposing a residential Planned Unit Development for this area. The City Planner gave additional information on this rezoning request, as was requested by the Planning Commission at the July meeting. He presented information on land use, transportation, utilities, pedestrian facilities, and housing in the area bordered by 10th Avenue on the south, Highway 169/101 on the west and north, and Marschall Road to the east. Discussion was held on the potential traffic impact on Dakota Street if the PUD is approved as proposed. Comm. Spurrier stated this rezoning request contradicts the recommendation of the Comprehensive Plan. Comm. Mars stated that he was impressed that someone is looking at ways to develop this area. Discussion was held on the triangular shaped parcel in the northwestern portion of the plat, and on whether or not it should remain zoned R-2. Leroy Menke, 1185 Shumway, stated he is trying to develop a piece of property that currently is not a good tax base for the City. He explained the reason for the triangular parcel. Chrmn. Joos asked for comments from the audience. Don Tech, 919 East 7th Avenue, questioned where the holding pond is to be placed in the proposed development area. Mr. Menke responded stating no water would run onto Mr. Tech's property. Mr. Tech stated his concern over standing water in this area that can get up to 12 inches deep during a big storm. He added that the City has been filling in this area, which Musks of We FAIM- 3 Shakopee Planning Commission August 6,1992 increases the water level. He also stated that Dakota Street should go through, which could take water away from this area. Discussion was held on the drainage in this area. Chuck Noterman, 1015 Eastview Circle, questioned the size of the largest building being proposed for the development. He questioned the number of buildings and how this would impact the rest of the neighborhood. Mr. Menke stated the biggest structure would contain four units. Mr. Noterman questioned if the single family neighboring residents would be affected by this rezoning. The City Planner explained what types of residential dwellings are permitted within each residential zone. Chrmn. Joos asked for additional comments from the audience. There was no response. Chrmn. Joos asked for additional comments regarding the rezoning request. There was no response. Motion: Spurrier/Mars moved to close the public hearing. Vote: Motion carried unanimously. Discussion was held on making another irregular-shaped zoned parcel. Motion: Mars/Zak moved to recommend to the City Council that the subject site be rezoned from R-4 (Multi-family Residential) and R-2 (Urban Residential) to R-3 (Mid-density Residential) , but not including the triangular shaped parcel on the northwest portion of the site; R-2 zoning should continue west of a line extending south from the western lot line of Macey's 2nd Addition. Vote: Motion carried with Comm. Spurrier voting in opposition. VII. PUBLIC BEARING: PLANNED UNIT DEVELOPMENT/MENNE Chrmn. Joos opened the public hearing to consider a Planned Unit Development consisting of 2 , 3 , and 4 unit townhomes, located south of Clifton Townhomes. Discussion was held on the alignment of the streets within the proposed Planned Unit Development. Minutes of the Age- 4 Shakopee Flaming Comminion August 6,1942 Chrmn. Joos asked for comments from the audience. There was no response. Motion: Zak/Mars moved to continue the public hearing regarding the proposed Planned Unit Development to the September 3, 1992, meeting of the Planning Commission. Vote: Motion carried unanimously. VIII.VACATION: ALLEY IN THE RED OWL BLOCK/SEGAL The City Planner stated that according to state law, the City may vacate a dedicated alley when it is determined that this alley no longer serves a public purpose. He stated that this is the case with the alley in the 800 block, south of east 1st Avenue. He added that there is adequate access to this block. Jeff Segal of St. Louis Park, stated he manages the property on both sides of the street and this proposal has his support. Motion: Zak/Spurrier moved to recommend to the City Council the vacation of the alley in Block 10, East Shakopee Plat, based on: 1) The City finds that the alley no longer serves a public purpose; and 2) The City retains drainage and utility easements across the entire portion of the existing alley in Block 10, East Shakopee Plat. Vote: Motion carried unanimously. IK. FINAL PLAT: MARKET PLACE/RUTT 6 VOLK The Assistant City Planner stated that most of the conditions from the preliminary plat approval have been met and a revised preliminary plat has been submitted. The Assistant City Planner stated that one condition had been added to the final plat that had not been indicated during preliminary plat approval, which is that the applicant must submit a revised final plat that provides a utility easement for the overhead electrical line which crosses the proposed alley and Outlot A. Dave Rutt questioned why the request for this utility easement had not been brought up for discussion sooner. The City Planner stated that this was missed in the preliminary platting process and that these utilities are existing and easements should now be dedicated with the final platting process. Mr. Rutt stated that he was under the impression the old ATi_tim of the Page- 5 Shakopee Plamio6 Commidon Aug S 6,1942 records would show these easements. The City Planner responded that if the legal description of an easement covers the location of the existing utility lines, then there is not a problem. Otherwise, the easements must be dedicated with the final plat. Motion: Mars/Zak moved to recommend to the City Council approval of the final plat for Market Place, subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: A. Electrical system shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. B. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. C. Storm sewer and sanitary sewer systems shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. D. Cash payment in lieu of park dedication shall be required. Park dedication fees shall be deferred to the time of the building permit for each lot. E. No building permits shall be issued for Outlot A. 3 . The applicant shall submit a revised final plat that provides a utility easement for the overhead electrical line which crosses the proposed alley and Outlot A. 4. The applicant shall transfer Outlots B, C, and D to the adjoining parcels to the north. No building permits will be issued for those outlots unless they are combined with the parcels to the north. 5 . The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 6. Approval of the final plat is contingent upon the applicant receiving a Certificate of Exemption (Wetland Conservation Act of 1991) or receiving approval by the City with appropriate minimization/replacement measures. Minutes of the Page- 6 Shakopee Planning Commission Aogmt 6,1992 7. No access from 4th Avenue will be permitted. 8 . If it is determined that a well continues to be located on the property contained within the proposed plat, the well must be capped according to state standards. 9. All buried debris excavated during the construction of any buildings shall be hauled to a landfill. 10. A soils engineer shall approve all building sites if any fill is used in areas where structures will be constructed. Vote: Motion carried unanimously. X. ANNUAL REVIEW: THE SHIELY MINERAL EXTRACTION PERMIT The Assistant City Planner stated that in January 1985, the Planning Commission issued Conditional Use Permit No. 375 to the Shiely Company for their mining operation on a Heavy Industrial (I-2) zoned parcel. She added that one of the conditions from the resolution requires an annual review. Discussion was held on the previous amendment to pump additional water as was being proposed by the Shiely Company. Comm. Zak stated that this use displaces more water and wants to see the impact on the water table by this additional pumping. He stated the gallons being pumped are astounding, and there should be some way to retain and reuse this water. He added that this use is about three times the annual usage by the City of Shakopee. Comm. Mars asked if they were approving the 1991 plan or the 1992 plan with the amendment and changes. The Assistant City Planner stated the Planning Commission is just reviewing the existing conditional use permit to ensure that Shiely is in conformance with the conditions of the permit. She added that staff finds that they are meeting all the requirements of their existing conditional use permit. Robert Bieraugel, representing the Shiely Company, stated that in 1991 they went through the renewal process. This was a requirement of the existing conditional use permit. The conditional use permit must be renewed every three years, plus be reviewed for compliance every year. Mr. Bieraugel stated that with the 1991 renewal they had indicated their future plans and that these would eventually involve proposals for amendments to the original permit. He Elimdesofthe Shakopee Planning Commission `- 7 _ August 6,1992 stated they have been mining additional property on the east side, but that this had already been approved by the City in 1991. Brief discussion was held on the future proposal by the Shiely Company and its additional water usage. Comm. Zak stated this water should be retained for use within the City and doesn't like to see the water leave Shakopee. He stated that this issue has to be considered. Motion: Mars/Spurrier moved to acknowledge the Shiely Company's compliance with Conditional Use Permit No. 375. Vote: Motion carried unanimously. The Planning Commission took a recess at 10: 00 p.m. The Planning Commission reconvened at 10: 10 p.m. %I. CAPITAL IMPROVEMENT PROGRAM The City Planner presented the 1993-1997 Capital Improvement Program to the Planning Commission for discussion and recommendation. The City Planner stated that a section on sidewalk and trail projects has been added to the Capital Improvement Program, as well as some other pertinent information. Comm. Spurrier stated he wants to be sure the City does not construct streets that Scott County and/or the state will be reconstructing or doing work on in the future. He requested that the Harrison Street (3rd Avenue to 6th Avenue) project be deleted from the Capital Improvement Program for 1993 . Comm. Spurrier requested the City put forth an effort to connect Memorial Park with the existing trail system. Comm. Spurrier stated he would also like to see some citizen input prior to a printed document on the Capital Improvement Program. Comm. Kelly stated that some of the project text regarding dates does not correspond with the project construction table. Motion: Zak/Mars moved to recommend to the City Council approval of the 1993-1997 Capital Improvement Program, as rearranged. Minutes of tee P4M- 8 Shakopee Plamiug C®mi dou August6, 1992 Comm. Spurrier stated he could not support this motion with some of the projects noted for street improvements. Vote: Motion carried with Comm. Spurrier voting in opposition. XII. SIDEWALK/TRAIL PLAN Discussion was held on the proposed sidewalk/trail plan. The City Planner explained the concept and how approval of the maps illustrating the sidewalk/trail plan would work with future development. Comm. Spurrier questioned why St. Mark's Road was not made into a trail. Discussion was held. Comm. Spurrier stated that the City has to become more adaptable for the handicapped. He added that a strong City policy on new improvements be adopted making our sidewalks and trails handicap accessible. Motion: Zak/Mars moved to recommend to the City Council approval of the proposed City-wide Sidewalk and Trail Plan maps. Vote: Motion carried unanimously. XIII.OTHER BUSINESS: ELECTING REPRESENTATIVES TO THE METROPOLITAN COUNCIL The City Planner presented information on the Metropolitan Council 's organization. Chrmn. Joos stated a representative should be from each county, otherwise each county doesn't receive fair representation. XIV. ADJOURNMENT The Planning Commission adjourned its meeting at 11: 00 p.m. TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 1, 1992 Mayor Gary Laurent presiding 1] Roll Call at 7: 00 P.M. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7) RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk are considered to beroutineby the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 9] Approval of the Minutes of August 11th and 18th, 1992 10] Communications: None 11] Public Hearings: None 12] Boards and Commissions: Planning Commission: a] 1993-1997 Capital Improvement Program 13] Reports from Staff: a] Civil Defense Siren b] Urban Klein Sewage Backup Matter c] 12th Avenue Sewer and Water Project/Canterbury Lift Station - Res. No. 3655 d] Council Chambers Audio/Visual System Design and Specifications *e] Tahpah Park Concession Stand Improvement Project *f] Approve Bills in the Amount of $136,945.48 *g] On Sale 3 .2 Beer License - Kenneth D. Berg/Shakopee Bowl *h] Recreation Budget Amendment - Res. No. 3658 *i] Nomination to Park & Recreation Advisory Board TENTATIVE AGENDA September 1, 1992 Page -2- 14] Resolutions and Ordinances: a] Ord. No. 340 - Requiring All Boards & Commissions to Follow Roberts Rules - tabled 8/18 *b] Res. No. 3654 - Consenting to A Levy by the HRA *c] Res. No. 3657 - Authorizing Execution of Mn/DOT Cooperative Agreement No. 67798 *d] Res. No. 3656 - Accepting Bids on Apgar Street, Project No. 1992-6 *e] Res. No. 3659 - Apportioning Assessments in Heritage Place 3rd Addition 15] Other Business: a] b] c] - d] 16] Adjourn to Tuesday, September 15, at 8 :00 P.M. , after the polls close Dennis R. Kraft City Administrator REMINDER: September 8, 1992, Committee of the Whole/Budget Worksession at 7:00 P.M. Iff w k trfrifolvE AGENDA 0°0600 AND nO SDPPxtfr A HiORITY IN AND PDR THE slain,CITE MINNESOTA: Secular Meatier September1, 1992 , ,"; Rai -Call at 7:00 P.M- . 4 'Appr`'of Slily 29, August 4 and ls, 199.2 Minutes ` - 4993 Tax:€levy Resolution 924 tik1993 Endipet, Adoption Resolution 92-5 � Resolution No. 92-6 Outer A, Nacey's 2nd Addition s. Eopl' Deems Property Taxes 7. Other Busiimmts al I b) 1 B. 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' OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY ADJ.REG.SESSION SHAKOPEE, MINNESOTA JULY 28, 1992 Vice Chairman Beard called the meeting to order at 8:00 a.m. with Commissioners Lynch, Laurent, and Vierling present. Commissioner Sweeney was absent. Also present were Dennis R. Kraft, Executive Director/City Administrator; Barry Stock, Ass't. City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; and Dave Hutton, Public Works Director. Item 3b was added to the agenda, "procedure for timing for sale of land" . Laurent/Vierling moved to approve the agenda. Motion carried unanimously. Mr. Kraft stated that after the July 21st meeting, the two bidders were contacted and invited to submit their best offers to the H.R.A. at 8: 00 a.m. on July 28th. Jane Dubois, Coldwell Banker Best Homes, stated that the offer from Monnens Custom Homes is the same offer as that presented at the last H.R.A. meeting. ($35,000 cash contingent upon approval of a lot split by 8/14/92) Dave Brown stated that his offer is the same as his second offer and he gave Vice Chairman Beard a copy of the purchase agreement. ($32, 000 cash due 15 days after approval of a final plat) Laurent/Lynch moved to accept the offer from Monnens Custom Builders Inc. dated July 21, 1992 in the amount of $35,000 cash with a closing date of 8/30/92 conditioned upon a lot split by 8/14/92 to purchase Outlot A, Macey Second Addition. Commissioner Laurent explained that he selected the Monnens ' bid because it was a higher bid, had a sooner closing date and had less contingencies in completing the purchase. Motion carried unanimously. Discussion ensued on entering into a real estate exclusive right to sell listing agreement with Jane Dubois, Coldwell Banker Best Homes, extending the current agreement by six months, for parcels PID #27-001089-0, #27-097023-0, and 27-906144-0. The City Administrator recommended that parcels not be put on the market until we are sure we have clear title. He explained that the parcel being sold to Mr. Rutt has severe title problems. Laurent/Vierling moved that before the listing agreement is considered that it be amended striking parcel numbers 27-097023-0 (being sold to Monnens Custom Builders) and 27-906144-0 (being sold to Mr. Rutt) from Exhibit A. Official Proceeding of the HRA July 28, 1992 Page -2- Discussion ensued on establishing a procedure for handling the sale of land and whether or not to extend the listing agreement. Commissioner Laurent stated that he was comfortable with the procedure followed today. Both offerers were present to make their offers. He believes that a special HRA meeting should be called to act when an offer is made. If there are other interested parties, the agent should advise the HRA so that the HRA can decide whether or not to act on the offer. Comm.Lynch asked if an agent was needed to sell city land. Comm.Laurent stated that having an agent frees up staff and brings a higher offer. Mr. Stock stated that it would be beneficial to write down the steps/procedure (for the sale of land) . He also suggested that the HRA may want to let this last parcel sit because we haven't received any offers on it yet, because it will be a difficult parcel to develop (27-001089-0 - property on Levee Drive near the senior citizen hirise) . Comm.Beard stated that he is against the motion. Comm.Laurent stated that he is in favor of the motion because if the sale to Mr. Rutt is not completed, the H.R.A. may want to clean up title before getting other offers. Comm.Vierling stated that she would like to here a recommendation from staff. Karen Marty stated that Ms. Dubois will get her commission (without renewing the exclusive right to sell listing agreement with Coldwell Banker Best Homes) if the sale is closed within 180 days on both the Rutt and Monnens purchases. Comm.Lynch stated that she is in favor of Comm.Laurent's motion. Ms. Dubois is protected for 180 days and she supports obtaining clear title on the property if Mr. Rutt doesn't purchase it at this time. Motion carried with Comm.Beard opposed. Lynch/Vierling moved that before another exclusive right to sell listing agreement is entered into that the H.R.A. and the City make sure that the property has clear title as best we can and that there is a policy written down as clear as possible before going out for bids for agents to list our property. Motion carried unanimously. Lynch/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned at 8:58 a.m. Dennis R. Kraft Executive Director Judith S. Cox, City C1Brk Recording Secretary OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY Regular Session Shakopee, Minnesota August 4, 1992 Vice Chrmn. Beard called the meeting to order at 7: 05 p.m. , with Comm. Lynch, Laurent, and Vierling present. Absent: Chrmn. Sweeney. Staff present: Barry Stock, Ass 't. City Admn. ; Judith S. Cox, City Clerk; Karen Marty, City Attorney; and Gregg Voxland, Finance Director. Lynch/Vierling moved to approve the July 21, 1992, meeting minutes as corrected and as presented on the table. Motion carried unanimously. No other business came before the HRA. Vierling/Laurent moved to adjourn. Motion carried unanimously. Meeting adjourned at 7 :08 p.m. Dennis R. Kraft Executive Director Jane VanMaldeghem Recording Secretary OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY Special Session Shakopee, Minnesota August 18, 1992 Chrmn. Sweeney called the special session of the Shakopee Housing and Redevelopment Authority to order at 10:00 p.m. , with Comm. Vierling, Laurent, and Lynch present. Absent: Comm. Beard. Also present: Dennis Kraft, City Administrator; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk. Laurent/Vierling moved to accept the special call of the Chairman for a meeting of the Housing and Redevelopment Authority. Motion carried unanimously. The Ass't City Admn. stated that during the lot split preparation process for the sale of Outlot A, Macey's 2nd Addition, to Mr. Jim Monnens, it was discovered that a utility pole along the northern edge of the property was perhaps not located within the 15-foot drainage and utility easement. Upon further analysis, staff discovered that the 15 foot easement had been extended by an additional 5. 5 feet in 1982 . He stated that Mr. Monnens still felt that since he cannot develop the property as originally intended, he is requesting a reduction in the sale price of the property. Jeff Monnens was present for discussion. He stated he believes some monetary consideration is in order due to the added expenses incurred with surveying and redesigning of this parcel (because of the additional 5.5 easement) . Laurent/Lynch moved to reduce the sale price to Mr. Monnens from $35, 000 to $34, 000 as -a result of the title objection. Motion carried unanimously. Laurent/Lynch moved to authorize the appropriate HRA officials to execute the Assent to Registration of Land, and moved for its adoption. Motion carried unanimously. The meeting of the Shakopee Housing and Redevelopment Authority adjourned (J at t11)00: 15 p.m. it S. Coxf y Clerk Jane VanMaldeghem Recording Secretary # 3 TO: Dennis Kraft, HRA Director FROM: Gregg Voxland, Finance Director RE: 1993 Tax Levy Resolution DATE: August 24, 1992 Introduction and Background Attached is Resolution Number 92-4 which requests the Shakopee City Council to consent to the tax levy for the HRA. The levy is the same as last year which is $31,930. Action Offer Resolution Number 92-4, A resolution requesting the Shakopee City Council to consent to the levy of a special tax by the Housing and Redevelopment Authority in and for the City of Shakopee, and move its adoption. RESOLUTION NO 92-4 A RESOLUTION REQUESTING THE SHAKOPEE CITY COUNCIL TO CONSENT TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 et seq. , as amended, and WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority as a taxing district for the purpose of levying and collecting a special benefit tax, and WHEREAS, Section 462.545 states that the governing body of the municipality must give its consent to such a tax levy. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AND REDEVLOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA, that the Housing and Redevelopment Authority hereby requests the City Council of the City of Shakopee to consent to the special tax levy of $31,930 payable 1993 by the Housing and Redevlopment Authority in and for the City of Shakopee. Adopted in session of the Shakopee Housing and Redevelopment Authority of the City of Shakopee, Minnesota, held this day of , 1992. Chairman ATTEST: Executive Director Approved as to form City Attorney t#y TO: Dennis Kraft, NRA Director ` FROM: Gregg Voxland, Finance Director RE: 1993 Budget Adoption Resolution DATE: August 24, 1992 Introduction and Background Attached is Resolution Number 92-5 which adopts the Shakopee NRA General Fund budget for 1993. The HRA should discuss and make changes as they deem necessary. Action Requested Offer Resolution Number 92-5, a resolution adopting a General Fund Budget for 1993 and move its adoption. RESOLUTION NO. 92-5 A RESOLUTION ADOPTING A GENERAL FUND BUDGET FOR 1993 WHEREAS, the By-Laws of the Housing and Redevelopment Authority in and for the City of Shakopee provides that a budget be prepared on an annual basis. NOW, THEREFORE, BE IT RESOLVED, that the attached General Fund Budget be approved for 1993 with total appropriations in the amount of $ . Adopted in session of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, held this day of , 1992. Chairman of the Housing Authority ATTEST: Executive Director Approved as to form City Attorney o a F a c c Li m y V, c w r m r '0 O o HH O .. o -CA rel co 0 0. 030n9 W N n 'S R N n w N O µ V1 0 Co N n 0 'O N re of n n r O O m r rt 0 m to n w a n 0+ < CO 0 02 rrr 0 CO O O OCn [s1 0 0 Ni n 0 r 'J' S gg H Co r C a r. R « CO O O. n T1 rt Y. 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Kraft, Executive Director Shakopee HRA FROM: Barry A. Stock, Assistant City Administrator RE: Resolution No. 92-6 Outlot A, Macey's 2nd Addition DATE: August 26, 1992 INTRODUCTION: On August 24, 1992 the closing for Outlot A, Macey's 2nd Addition was held. After closing costs and brokerage fees the HRA netted $31,828.00 in cash proceeds from the sale. It would be appropriate at this time for the Shakopee HRA to transfer the cash proceeds to the City of Shakopee to be dedicated for park purposes. BACKGROUND: On July 15, 1980 the final plat of Macey's 2nd Addition was approved. The resolution approving the final plat specified that Outlot A was to be set aside for park purposes. The Resolution also specified that in the event of the future sale of Outlot A that the proceeds were to be past on to the City for park purposes. Since we have now executed the sale of Outlot A, Macey's 2nd Addition it would be appropriate at this time for the HRA to take the necessary action that would facilitate the transfer of the cash proceeds to the City of Shakopee to be dedicated for park purposes as intended by Resolution No. 1650, A Resolution Authorizing the Final Plat of Macey's 2nd Addition. Attached is Resolution No. 92-6 which provides for the transfer of cash proceeds from the sale of Outlot A, Macey's 2nd Addition to the City of Shakopee for park purposes. ALTERNATIVES: 1. offer Resolution No. 92-6, A Resolution Authorizing the Transfer of Cash Proceeds Generated from the Sale of Outlot A, Macey's 2nd Addition to the City of Shakopee for Park Purposes. 2 . Do not approve Resolution No. 92 -6. 3. Table action pending further information from staff. 4. Amend Resolution No. 92 - 6 retaining a portion of the cash proceeds for HRA Administrative time incurred in processing the land transaction and move its adoption. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REOUESTED: Offer Resolution No. 92-6, A Resolution Authorizing the Transfer of Cash Proceeds Generated from the Sale of Outlot A, Macey's 2nd Addition to the City of Shakopee for Park Purposes, and move its adoption. RESOLUTION NO. 92-6 A RESOLUTION AUTHORIZING THE TRANSFER OF CASH PROCEEDS GENERATED FROM THE SALE OF OUTLOT A, MACEY'S 2ND ADDITION TO THE CITY OF SHAKOPEE TO BE USED FOR PARK PURPOSES WHEREAS, on July 15, 1980, the Shakopee City Council approved Resolution No. 1650, A Resolution Approving the Final Plat of Macey' s 2nd Addition; and WHEREAS, Resolution No. 1650 specified that in the event of the future sale of Outlot A, all proceeds were to be used for park purposes; and WHEREAS, on August 24, 1992 the Shakopee Housing and Redevelopment Authority sold Outlot A, Macey's 2nd Addition; and WHEREAS, the cash proceeds generated from the sale of Outlot A, Macey's 2nd Addition equated to $31, 828. 00. NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY that the appropriate Housing and Redevelopment Authority officials are hereby authorized to transfer $31,828. 00 in funds to the City of Shakopee to be dedicated for park purposes as intended by City Council Resolution No. 1650, A Resolution Approving the Final Plat of Macey's 2nd Addition. Adopted in session of the Shakopee Housing and Redevelopment Authority, held this day of , 1992 . Chairman of the HRA Executive Director of the HRA ATTEST: City Clerk Approved as to form. City Attorney 4: (; MEMO TO: Honorable Chairman and Members of the Shakopee Housing and Redevelopment Authority FROM: Dennis R. Kraft, Executive Director RE: Canterbury Downs Property Taxes DATE: August 27, 1992 INTRODUCTION: Canterbury Downs would like to discuss the subject of property tax reduction and an amendment to the Assessment Agreement with the Housing and Redevelopment Authority. BACKGROUND: Late this Spring the City entered into an agreement with Canterbury Downs which provided for the reduction in the minimum assessed value of Canterbury Downs from $43 million to $24 million. This reduction in minimum assessed value resulted in total property taxes due dropping from approximately $2. 6 million to $1.6 million. The agreement was adopted by both parties, however the agreement also had a provision which provided for Canterbury Downs submitting an irrevocable letter of credit to the City which would provide for the payment of $1. 6 million per year through 1995 in the event that the property taxes on the racetrack were not paid. Another provision of this agreement provided that if this letter of credit was not received the agreement would become null and void and the minimum assessed value would then go back to the $43 million amount. The date of receipt of the letter of credit was extended from June 1992 to September 15, 1992 by the HRA in June. Since last discussing this subject the State Supreme Court has issued an opinion declaring that off-track betting parlors are in violation of the Minnesota Constitution. The result of this action means that Canterbury Downs can not establish off-track betting parlors which will result in the track being able to generate money only from the racetrack facility in Shakopee. This decision has had a adverse economic impact upon Canterbury Downs. Last week the Minnesota Racing Commission gave Canterbury Downs permission to simulcast from horse races from other facilities through December of this year. Canterbury Downs request to the Racing Commission was to be allowed to simulcast through April 30, 1993 . This decision will most likely further negatively impact the financial condition of Canterbury Downs. This summer Governor Carlson appointed a Task Force to evaluate the impact of the sale of Canterbury Downs. The Task Force is to submit it's recommendations to the Governor by September 15, 1992. As of this time we have no indication as to what those recommendations are going to be. All of the aforementioned factors, along with a continuing downward trend in the betting handle at the racetrack have further weakened the economic condition of the racetrack and have produced a greater level of uncertainty in terms of the future courses of action that the owners of Canterbury Downs are going to take. RECOMMENDATION: It is recommended that the Housing and Redevelopment Authority receive the request from Canterbury Downs and direct the staff on the future course of action to be taken on the Canterbury Downs property tax issue. OFFICIAL PROCEEDINGS OF TEE SHAKOPEE CITY COUNCIL Special Session Shakopee, Minnesota August 11, 1992 Mayor Laurent called the meeting to order at 7:00 p.m. , with Cncl. Vierling, Beard, Lynch, and Sweeney present. Also present: Dennis Kraft, City Administrator; Karen Marty, City Attorney; Barry Stock, Assistant City Administrator; Judith Cox, City Clerk; Lindberg Ekola, City Planner; Gregg Voxland, Finance Director; Dave Hutton, Public Works Director; Tom Steininger, Police Chief; and Frank Ries, Fire Chief. Beard/Sweeney moved to accept the special call of the Mayor. Motion carried unanimously. Lynch/Vierling moved to table to the City Council meeting of September 15, 1992, the hiring of an architect for the ice facility. Motion carried unanimously. Beard/Vierling moved to approve the noise variance permit request for Valley Paving, Inc. , effective August 12, 1992, for a duration not to exceed 15 working days. Motion carried unanimously. Sweeney/Lynch moved to waive the 30 day review period for the application for exemption from lawful gambling license by Ducks Unlimited for September 15, 1992, at the Shakopee VFW Club, 1201 East 3rd Avenue. Motion carried unanimously. The meeting of the City Council recessed at 7: 05 p.m. , for the executive session to follow the Committee of the Whole for purposes of litigation discussion. Mayor Laurent reconvened the meeting at 10: 07 p.m. No action was taken by the Council during the Executive Session. The City Administrator asked if any Councilmembers wished to attend the League of Minnesota Cities Regional Meeting. Councilors Beard and Vierling indicated that they may be interested. Sweeney/Beard moved to adjourn. Motion carried unanimously. Meeting adjournedr/' at 10:10 p.m. J J dith S. Cox ity Clerk Jane VanMaldeghem Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAEOPEE CITY COUNCIL Adj . Regular Session Shakopee, Minnesota August 18, 1992 Mayor Laurent called the meeting to order at 7 :00 p.m. with Cncl. Vierling, Lynch, and Sweeney present. Absent: Cncl. Beard. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Dave Hutton, Public Works Director; Lindberg Ekola, City Planner; and Judith S. Cox, City Clerk. Sweeney/Vierling moved to approve the agenda with the following additions: 13a) Selection of Auditor's Review Committee; 13b) Setting iron monuments for plats; 13c) Recess for special meeting of the Shakopee Housing and Redevelopment Authority; and 13d) Operating costs of the proposed ice arena. Motion carried unanimously. Liaison reports were given by the Councilmembers. Mayor Laurent gave the Mayor' s report. Mayor Laurent asked for comments from anyone in the audience wishing to speak on any item not on the agenda. There was no response. Sweeney/Lynch moved approval of the consent business with the following item added to consent approval: 13b) Setting iron monuments for plats. Motion carried unanimously. Vierling/Lynch moved to approve the meeting minutes of July 28, 1992 . Motion carried unanimously. Vierling/Lynch moved to approve the meeting minutes for August 4 , 1992 , as amended to include the statement that "Cncl. Lynch stated that she would also like to see some preliminary survey results before voting on the construction of the ice arena facility. " Motion carried unanimously. Jon Albinson, Valley Green Business Park, was present to discuss Project 1992-4, the 12th Avenue sewer and water improvements, and the Canterbury Inn Lift Station. He requested that the existing lift station in front of Canterbury Inn be considered a permanent lift station with the City assuming the responsibility for its maintenance. He stated that the sanitary sewer extension project, as proposed, is not financially feasible for Valley Green Business Park. Discussion was held on the costs of the project as proposed. Mr. Albinson stated he has to present a proposal, with costs, to his Board of Directors next week, and would like to know if there are project alternatives he could present. Official Proceedings of the August 18, 1992 Shakopee City Council Page -2- Cncl. Sweeney suggested Valley Green Business Park keep and maintain the Canterbury Inn lift station. He then added that this portion, and costs associated with this portion of the project, could then be deleted. Discussion was held on the costs of maintaining a lift station. The consensus was that staff should bring back additional information to the City Council as follow-up to Mr. Albinson's request. The Public Works Director stated a petition has been received from a citizens group requesting stop signs in the area between Atwood and Apgar Streets and 2nd and 3rd Avenue. Sweeney/Lynch moved to direct staff to complete a warrant study to see if the intersections between Atwood and Apgar Streets and 2nd and 3rd Avenues meet the warrants set forth for traffic control in the State M.U.T.C.D. and to develop an official delineation of the designated truck routes in this area. Motion carried unanimously, Mayor Laurent opened the public hearing to consider the vacation of the alley in Block 10, East Shakopee Plat. The City Planner stated that a petition had been received from Robert Segal and Blair Wolfson to vacate the 16 foot by 300 foot alley located on Block 10, East Shakopee Plat. He stated that the City finds that the alley no longer serves a public purpose but that the City should retain the drainage and utility easement rights across the entire portion of the alley. Jeff Segal was present for discussion and stated that he manages the property on both sides of the alley and would like to see approval of the vacation request. Mayor Laurent asked for comments from the audience. There was no response. Mayor Laurent closed the public hearing. Vierling/Lynch offered Resolution No. 3637, A Resolution Vacating the Alley in Block 10, East Shakopee Plat, and moved for its. adoption. Motion carried unanimously. Mayor Laurent opened the public hearing to consider the extension of the VIP Interceptor from County Road 79 to the west corporate limits. The Public Works Director stated that the feasibility report has been completed for improvements to the V.I .P. Interceptor. He added that since a portion of this project passes through a portion Official Proceedings of the August 18, 1992 Shakopee City Council Page -3- of Jackson Township, and Jackson Township residents have been notified of this project. He added they will not be assessed for the project unless Jackson Township is annexed. The Public Works Director presented the feasibility of this project, including project costs, and any other options available to the City. He stated there are areas of development waiting for the interceptor installation. Mayor Laurent asked for comments from the audience. Bob Pieper, 11780 Koeper Avenue, had questions on the location of the drainage ditch. Jeff Monnens, 447 South Market, questioned how this project relates to Apgar Street. He also questioned the pumping of the lift station from Tahpah Park and added that he did not believe that the park pumped any less sewage and should be assessed accordingly. Clete Link, 1217 Monroe, stated he does not want another assessment against his property. Ron Pieper, Belle Plain, stated he is the representative for his father's estate located in Jackson Township and questioned when assessments would take place. Mayor Laurent stated that before there would be any assessments to the properties in Jackson Township, Jackson Township had to first be annexed into the City of Shakopee. The Public Works Director stated that he just wanted to inform the residents of Jackson Township that once the project is approved, construction will take place even though there isn't any annexation. Bob Pieper questioned if there would be mandatory hookup if Jackson Township were to be annexed. The Public Works Director responded informing the audience of the City policy on sanitary sewer hookup. Bob Pieper questioned if the rule for hookup would go into effect once the area is developed. He asked if there would be a fresh water City line adjacent to this drainageway corridor. The Public Works Director responded to the concerns of the audience. Mayor Laurent asked for further comments from the audience. There were none. Official Proceedings of the August 18, 1992 Shakopee City Council Page -4- Mayor Laurent closed the public hearing. Mayor Laurent stated that he has property within the service area, passed the gavel to Vice Mayor Vierling, and excused himself from discussion. Sweeney/Lynch offered Resolution No. 3647, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for the VIP Interceptor Extension from County Road 79 to the West Corporate Limits, Project No. 1992-9, and moved for its adoption. Motion carried unanimously with Mayor Laurent abstaining. Vice Mayor Vierling returned the gavel to Mayor Laurent. The City Planner stated that the Planning Commission has recommended approval of the final plat of Market Place, subject to conditions. He added that since Planning Commission approval, there have been some changes. The City Planner stated that the developer has already received a Certificate of Exemption (Wetlands Conservation Act) so this is no longer a condition of approval. The City Planner stated that in the case of three other conditions, a statement should be added that no building permit be issued until appropriate approvals have been received. He added he refers to the condition relative to the capping of an abandoned well, if one is found, and the condition requiring buried debris to be hauled to a landfill. He stated the third condition that should be noted before Building Permit approval is the condition that a soils engineer approve the area for a proposed structure when fill is being used. Vierling/Lynch offered Resolution No. 3645, A Resolution Approving the Final Plat for Market Place, with the changes to conditions as recommended by the City Planner, and moved for its adoption. Motion carried unanimously. Lynch/Vierling moved to authorize the appropriate City officials to execute the Contract Extension Agreement with Orr-Schelen-Mayeron & Assoc. , which provides for engineering services to complete the preparation of the feasibility report on the Foothill Trail Storm Sewer Project at a not-to-exceed cost of $3 , 500. 00. Motion carried unanimously. Sweeney/Lynch moved to accept the agreement that ties ownership of Parcel A to Parcel C of Lot 1, Block 4 , and Outlot D, both of Valley Park 1st Addition. (Motion carried unanimously under consent business. ) Official Proceedings of the August 18, 1992 Shakopee City Council Page -5- Sweeney/Lynch moved to accept the agreement that ties ownership of Parcel B to Parcel D of Lot 1, Block 4 , and Outlot D, both of Valley Park 1st Addition. (Motion carried unanimously under consent business. ) The Public Works Director stated that staff has received citizen requests for stop signs at 3rd Avenue and Market Street. He added that there is no historical data or accident history available for this area, but would like to install stop signs now and do a warrant study when enough data is available. Vierling/Sweeney moved to determine that the intersection of 3rd Avenue and Market Street should be controlled and authorized the installation of stop signs on 3rd Avenue until such time as a warrant study can be done. Motion carried unanimously. Jeff Monnens requested a stop sign at 5th and Market stating that traffic has been clocked at over 40 m.p.h. coming through this intersection. Discussion was once again held on the City policy and procedures for determining the installation of stop signs. Sweeney/Lynch moved to authorize the appropriate City officials to execute Addendum No. 1 to the Labor Agreement between the City of Shakopee and Minnesota Teamsters Public and Law Enforcement Employee Union Local No. 320 - Public Works. (Motion carried unanimously under consent business. ) Sweeney/Lynch moved to authorize the appropriate City officials to draft a lease agreement between the Scott County Joint Prosecution Association and the City of Shakopee for office space in accordance with the terms and conditions set forth in the memo from the Assistant City Administrator, dated August 10, 1992 . (Motion carried unanimously under consent business. ) Sweeney/Lynch moved to authorize the appropriate City officials to execute the Assent to Registration of Land (for Theis property) . (Motion carried unanimously under consent business. ) Sweeney/Lynch moved to authorize the proper City officials to execute an Assessment Agreement between the City of Shakopee and the County of Scott for the assessment of the property in Shakopee for the 1993 Assessment year in the amount of $29, 500.00. (Motion carried unanimously under consent business. ) Sweeney/Lynch moved the payment of bills in the amount of $308, 088.76. (Motion carried unanimously under consent business. ) Sweeney/Lynch moved to authorize the purchase of a printer for the Finance Department in the amount of $2, 412 . 23 from Entre' Computer Center. (Motion carried unanimously under consent business. ) Official Proceedings of the August 18, 1992 Shakopee City Council Page -6- Representatives from Intra-Design were present to discuss the proposed interior furnishings of the new City Hall. Jim Parris was present to discuss the changes and cost estimates for the remodeling of the new City Hall. He stated they are currently on budget. He asked that the Council consider the following additions/changes to the plans: 1) Power sensory doors for the handicapped; 2) Replacement of the air conditioning units; and 3) Relocation of an existing column in the new Council Chambers. Sweeney/Vierling moved to direct staff to advertise for bids for Bid Package No. 2 for the remodeling of the new City Hall. Motion carried unanimously. Sweeney/Vierling moved to include relocating the door for the Legal Secretary' s office in the remodeling plans for the new City Hall. Motion failed unanimously. The City Council took a 10-minute recess at 9:50 p.m. The City Council reconvened at 10: 00 p.m. The City Council recessed for the meeting of the Shakopee Housing and Redevelopment Authority. The City Council reconvened its meeting at 10: 15 p.m. The Public works Director stated the City received communications from Mn/DOT on their railroad crossing vacation program, a program that is to reduce the number of railroad crossings within the State. He added that each City is to review their number of crossings and submit this information to MnDOT. Vierling/Sweeney moved to direct staff to submit a letter to Mn/DOT stating that Shakopee currently has no railroad crossings that can be considered for closings. Motion carried unanimously. Sweeney/Vierling moved to approve the purchase of a Minolta EP 8602 copier from Copy Duplicating Products of Richfield at a cost of $15,069 .75 for the copier and sales tax, plus $3 , 426. 00 for one- year service and supplies, for a total cost of $18,495.75 to be funded from the City Hall Capital Improvement Fund. Motion carried unanimously. Sweeney/Lynch moved to authorize payment in the amount of $12, 675.00 to Munn, Inc. , for the downtown sealcoat work be funded from the Pavement Preservation Budget. (Motion carried unanimously under consent business. ) Official Proceedings of the August 18, 1992 Shakopee City Council Page -7- Cncl. Lynch removed herself from the Council table due to a possible conflict of interest on the discussion of custodial services for 200 Levee Drive. Sweeney/Vierling moved to approve payment of up to $2 , 300. 00 to 200 Levee Drive Associates for the provision of custodial services for 1992 . Motion carried unanimously with Cncl. Lynch abstaining. Cncl. Lynch resumed her seat at the Council table. Sweeney/Lynch moved to remove Ordinance No. 340, Requiring Boards and Commissions to follow Roberts Rules, from the table. Motion carried unanimously. Cncl. Sweeney stated that the Shakopee Public Utilities Commission will be meeting August 31, 1992, and will review the ordinance at that time. Sweeney/Vierling moved to table Ordinance No. 340 until the Council meeting of September 1, 1992 . Motion carried unanimously. Mayor Laurent excused himself from discussion of assessments against lots within Minnesota Valley 6th Addition, and passed the gavel to Vice Mayor Vierling. Sweeney/Lynch offered Resolution No. 3643, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of Minnesota Valley 6th Addition, and moved for its adoption. Motion carried unanimously with Mayor Laurent abstaining. Mayor Laurent resumed his seat at the table. Sweeney/Lynch offered Resolution NO. 3644, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of The Meadows 7th Addition and moved for its adoption. (Motion carried unanimously under consent business. ) Sweeney/Lynch offered Resolution No. 3648, A Resolution Accepting Work on the Jefferson Street Watermain from 12th Avenue to Tahpah Park, Project No. 1991-8, and moved for its adoption. (Motion carried unanimously under consent business. ) Sweeney/Lynch offered Resolution No. 3649, A Resolution Approving Plans for Stages 4 and 5 of the Bloomington Ferry Bridge Located within the City of Shakopee, and moved for its adoption. (Motion carried unanimously under consent business. ) Sweeney/Lynch offered Resolution No. 3646, A Resolution Designating Five Polling Places for All Election Precincts in the City of Official Proceedings of the August 18, 1992 Shakopee City Council Page -8- Shakopee, and moved for its adoption. (Motion carried unanimously under consent business. ) Sweeney/Lynch offered Resolution No. 3651, A Resolution Appointing Judges of Election and Establishing Compensation, and moved for its adoption. (Motion carried unanimously under consent business. ) Sweeney/Lynch offered Resolution No. 3652, A Resolution to Enter a Cooperative Agreement with the Office of Drug Policy in the Minnesota Department of Public Safety for Participation in the Southwest Metro Drug Task Force, and moved its adoption. (Motion carried unanimously under consent business. ) Sweeney/Lynch offered Ordinance No. 341, an ordinance amending Chapter 7, Streets and Sidewalks Generally, by deleting Sec. 7. 04, Ice and Snow on Public Sidewalk, Subd. 2 , City to Remove Snow and Ice, and adopting one new subdivision in lieu thereof, and moved for its adoption. (Motion carried unanimously under consent business. ) Sweeney/Lynch offered Resolution No. 3653 , A Resolution Removing Lot 1, Block 1, Halo 2nd Addition from the Planned Unit Development for Shakopee Valley Square and moved for its adoption. (Motion carried unanimously under consent business. ) Mayor Laurent appointed Cncl. Lynch and Cncl. Beard to serve on the Auditor's Review Committee along with the Finance Director and the City Administrator. Sweeney/Lynch moved to approve the request from Dale Dahlke, developer, to set the iron monuments for platting for the Dalles Townhomes Addition as building is being done but to be able to wait up to the one-year limit to set all the plat irons. (Motion carried unanimously under consent business. ) The City Admn. asked for guidance from the City Council on the next step for construction of the ice arena facility. Cncl. Lynch recommended contacting other ice arenas for operating costs. Cncl. Sweeney stated he would like to see some dollar figures on the operating cost of an ice arena and the means that the Shakopee Hockey Association and the Valley Ice Arena have for operating and maintaining the proposed ice arena facility now and in the future. The City Admn. encouraged Councilmembers to bring forth to the staff any concerns they have regarding the ice arena facility prior to the September 15 City Council meeting. Official Proceedings of the August 18, 1992 Shakopee City Council Page -9- The City Council recessed at 10: 50 p.m. , for a meeting of the executive session for purpose of discussing litigation. Mayor Laurent reconvened the meeting at 11: 15 p.m. and stated that no action was taken during the Executive Session. The meeting //Vwass adjournedadat 11: 15 p.m. )dith s. Cox ( ty Clerk Jane VanMaldeghem Recording Secretary izad MEMO TO: Dennis R. Kraft, City Administrator i C_ FROM: Lindberg S. Ekola, City Planner RE: 1993-1997 Capital Improvement Program DATE: August 28, 1992 INTRODUCTION: At their meeting on August 6, 1992, the Planning Commission passed a motion recommending that the City Council approve the 1993-1997 Capital Improvement Program. Attached is a copy of the 1993-1997 Capital Improvement Program (CIP) , as recommended by the Planning Commission. BACKGROUND: Each year a Capital Improvement Program (CIP) is developed to guide the construction of public improvements in Shakopee. Attached is a copy of the 1993-1997 Capital Improvement Program. The Planning Commission is required to review the CIP document and forward recommendations to the City Council. In the 1993-1997 CIP there are 93 projects proposed. These projects have been grouped into 8 categories: A. Street and Highway Projects B. Sidewalk and Trail Projects C. Sanitary Sewer Projects D. Stormwater Drainage Projects E. Park Projects F. Municipal Building Projects G. Fire Projects H. Other Projects Please refer to the Program Summary and the Financial Summary for an overview of the 1993-1997 CIP. DISCUSSION: Ideally the projects listed in the CIP should be derived from the Comprehensive Plan. Where appropriate, City staff has used the draft Shakopee Comprehensive Plan 1990-2010 in establishing the 1993-1997 CIP. One example is the new major interceptor to be constructed south of the Bypass. The interceptor is scheduled for construction in the CIP in 1993 and 1994 . This project's time frame was established in the Comprehensive Plan. In the future, City staff will be working to use the adopted Comprehensive Plan as the guiding document in the CIP process. In past years, staff has submitted a list of the first years projects to the City Council for further prioritizing. This list is submitted to the City Council after the approval of the CIP. From this list, the City Council selects projects to be constructed in the upcoming year. The initiation of the appropriate feasibility reports and/or studies are then made following this prioritizing process. A further detailed financial analysis will be provided with this list. The Fire Department has provided a detailed memo on their recommendation for the purchase of land for a second fire station in 1993 . This item is included in the CIB. Please refer to Exhibit A. RECOMMENDATION: The Planning Commission recommends that the City Council approve the 1993-1997 Capital Improvement Program. ACTION REOUESTED: Offer a motion which approves the 1993-1997 Capital Improvement Program and move its approval. LSE/jms EXHIBIT A To: Dennis Kraft, Shakopee City Administrator From: Frank Ries Chief, Shakopee Fire Department Re: Purchase of Land for Second Fire Station Copy: Shakopee City Council Members Date: 7/8/92 Introduction: This letter outlines the need to acquire a site for a second fire station and presents alternatives to provide this second location. Background: The Shakopee Fire Department has been responding from the existing Fire Station at 334 22nd Ave. W. for 33 years. This station was expanded in 1977 to accommodate additional equipment and increase space for training and activities. Since this time the Shakopee Fire Department has acquired four additional fire apparatus and replaced one piece with a larger one. This department is also at 35 members compared with 30 in 1977. Both equipment and manpower requirements are continuing to grow as the fire department capabilities must keep up with this cities expansion and new government requirements. The Insurance Services Office (ISO) ratings as applied to fire department coverage requires a fire responding location within 1. 5 miles of any possible incident. This requirement combined with the City of Shakopee's primary expansion to the East makes a second fire station a necessity. The present fire station location is next to heavily traveled trade routes both highway and rail which carry hazardous materials. If an accident and/or spill were to happen close to the current station, response to the station may become impossible due to impassable hazardous conditions or traffic. Proposal: The Shakopee Fire Department proposes acquiring land for the construction of a second station within 3 miles to the east of the existing station. This location for a second fire station does provide a logical progression of coverage whichputs us in an excellent position to meet these ISO requirements in the near future. The exact property to be acquired for the second station as recommended by the Shakopee Fire Department is the North East Corner Lot at the intersection of County road 17 and Vierling Drive. This location provides many advantages regarding fire department operations and responses. -- This location would greatly reduce response time to the Eastern portion of The Shakopee Fire District. -- This location is on the North side of Veirling Dr. This is the same side from which most firefighters will be responding. This makes response to the station easier and safer for us, as we do not have to cross Veirling Dr. -- This location is near a number of residential areas allowing quick response by firefighters from their homes near the station and from industrial park locations. Placing the station in a commercial area would possibly provide reasonable daytime response however morning, evening and night response would suffer severely. -- This location is on Veirling Drive and County Road 17 thus providing easy future access to the Highway 169 bypass for crosstown responses. -- Access to this site will not be blocked by Racetrack, Valley Fair, Renaissance Festival or other traffic at any time of the day. -- Future growth of this city appears to be in this direction thus this location covers our most immediate needs. -- This proposed location would accommodate the ISO standard interstation distances of 1.5 mile interconnected radius of coverage. -- This site provides ample space for station, training, and off street parking facilities. -- This would be a corner lot allowing access from two sides. This makes drive through truck bays in the station a possiblity. This provides additional safety and convenience in handling fire apparatus. -- If used as a voting location, this site would be easier to access because this location facilitates minimal crossing of Veirling Drive and it is located on County Road 17 . Alternatives: 1. Not to acquire property for a second fire station. 2 . To acquire property for a second fire station at another location which meets similar criteria to the proposed location. 3. To acquire property for a second fire station at the North East Corner Lot at the intersection of County Road 17 and Vierling Drive. Recommendations: The Shakopee Fire Department recommends acquiring the properties at the North East Corner Lot at the intersection of County Road 17 and Vierling Drive. This property would allow us to construct a second fire station for eastern fire district coverage in the most appropriate location possible considering road access, ISO requirements, peak traffic flows, firefighter availability and a minimal neighborhood impact. The Shakopee Fire Department prides itself with the quality of fire protection it provides to this community. A location for a second fire station must be considered in order to continue this quality of coverage to the City of Shakopee as this community expands to the east farther from the current fire station. Land which meets fire station usability criteria must be acquired in the appropriate area before it becomes unavailable. Respectfully Submitted,Submitted, 7:(14401. Frank Ries, Shakopee Fire Department City of Shakopee lea yai ilerAtt b NZ { 1993-1997 Capital Improvement Program 1993-1979 CAPITAL IMPROVEMENT PROGRAM EXECUTIVE SUMMARY The 1993-1997 Capital Improvement Program (CIP) will cost an estimated $29, 198, 500 for the construction of numerous public projects in the City of Shakopee over the next five years. An average of $5, 839,700 per year will be spent to build and rebuild these City projects. Listed in the 1993-1997 CIP are 93 projects. The capital improvement projects include infrastructure systems such as streets, utilities, parks, pedestrian facilities and municipal buildings. These public projects will be financed with a combination of funding sources from both the public and private sectors. The development of each five year program requires an extensive annual review of projects and scheduling to determine priorities. With the impacts of the regional transportation projects (the Bloomington Ferry Bridge, the Shakopee Bypass and the Mini Bypass) and the increasing growth rates, adjustments will be needed to each year's CIP in order to accommodate the City's development patterns. In order for the CIP process to work it must remain flexible enough to respond to these changing patterns. - - - - - A one year budget, Capital Improvement Budget (CIB) has been prepared based on the five year program listing of projects. There are 30 projects listed in the 1993 CIB. The estimated cost for these projects is $5, 349, 000. Specific funding sources for each project proposed in the 1993 CIB have been provided. The intent of this 5-year CIP is to serve as a guide to the City Council to identify needs of the City in the area of capital improvements and to allow for the establishment of adequate funding levels to accommodate these improvements. The adoption of a 5-year Capital Improvement Program greatly aids staff in long range planning of projects and identifying the needs of the City for budgeting reasons and for maintaining adequate personnel to administer these projects. We would like to express our sincere appreciation to all members of the City staff who participated in the preparation of the 1993-1997 Capital Improvement Program. Res 1, tfully submitted, Lindb-rg S. Ekola Dave E. Hutton City Planner Public Works Director CITY OF SHAKOPEE, MINNESOTA CITY COUNCIL Gary Laurent, Mayor Gloria Vierling Robert Sweeney Joan Lynch Mike Beard PLANNING COMMISSION Terry Joos, Chairperson Nancy Christensen Joe Kelly H. R. Spurrier Joe Zak William Mars Gayl Madigan PARK S RECREATION ADVISORY BOARD Paulette Rislund, Chairperson Ronald Larson Dolores Lebens Paul TenEyck Anne Seifert Robert Tomczik Steve Johnson CITY ADMINISTRATOR Dennis R. Kraft This document was prepared as a joint effort by the Building Department, Community Recreation. Department, Engineering Department, the Finance Department, the Fire Department and the Planning Department. August 1992 TABLE OF CONTENTS Page EXECUTIVE SUMMARY PROGRAM SUMMARY A. Introduction 1 B. Summary of the Proposed 1993 Capital Improvement Budget 2 C. Summary of the 1993-1997 Capital Improvement Program 6 FINANCIAL SUMMARY A. Background 7 B. Summary of Potential Funding Sources 9 1993 CAPITAL IMPROVEMENT BUDGET 1993 Summary (One Year Budget) 21 A. Streets and Highway Projects - 22 B. Sidewalk and Trail Projects 23 C. Sanitary Sewer Projects 24 D. Stormwater Drainage Projects 25 E. Parks Projects 26 F. Municipal Building Projects 27 G. Fire Projects 28 H. Other Projects 29 1993-1997 CAPITAL IMPROVEMENT PROGRAM 1993-1997 Summary (Five Year Program) 30 A. Streets and Highway Projects 31 B. Sidewalk and Trail Projects 35 C. Sanitary Sewer Projects 36 D. Stormwater Drainage Projects 37 E. Parks Projects 38 F. Municipal Building Projects 41 G. Fire Projects 42 H. Other Projects 43 PROJECT DATA SHEETS A. Streets and Highway Projects Al-A40 B. Sidewalk and Trail Projects B1-B7 C. Sanitary Sewer Projects C1-C6 D. Stormwater Drainage Projects D1-D8 E. Parks Projects E1-E23 F. Municipal Building Projects F1-F2 G. Fire Projects Gl-G2 H. Other Projects None 1993 - 1997 CAPITAL IMPROVEMENT PROGRAM LIST OF FIGURES Fieure Number Title Page 1 Park Reserve Fund 11 2 Housing and Redevelopment Authority Fund 12 3 Capital Improvement Fund 13 4 Sanitary Sewer fund 14 5 Storm Drainage Fund 15 6 Mill Rate Comparison 16 7 Mill Rate Listing 17 8 Debt Service Levies 18 9 Debt Service Levies 19 10 Schedule of Deferred Tax Levies 20 1993-1997 CAPITAL IMPROVEMENT PROGRAM PROGRAM SUMMARY INTRODUCTION Capital improvements are defined as those projects which require the expenditure of public funds for the acquisition, construction or replacement of the infrastructure necessary for a community. Typical capital improvement projects include streets and highways; water and sewer facilities; parks, trails and open space; and various types of public buildings. A capital improvement program is a listing of proposed public projects according to a schedule of priorities over a five year period. Developing a capital improvement program provides many significant benefits such as: o An effective way to plan, budget, and coordinate the operation and capital efforts of city departments. o A coherent development program that will increase opportunities to obtain funding from outside sources such as the state and federal government. o Public support for capital commitments that should help attract private investment. o Improved chances to receive favorable bond ratings by giving evidence of effective management. A capital improvement budget is a list of the projects scheduled for the upcoming fiscal year. Projects which were previously scheduled in the 5-year capital improvement program are prioritized into the annual capital improvement budget. The Shakopee City Council annually adopts a 5-year Capital Improvement Program (CIP) . The CIP is prepared by City staff and reviewed by the Planning Commission prior to approval by the City Council. The 5-year program is utilized by staff for long range budgeting purposes, programming projects and developing a priority list for the following year's projects which are listed in the Capital Improvement Budget (CIB) . Proposed capital improvement projects in both the annual CIB and the 5-year CIP have been prioritized in this document. The prioritized projects have been organized into one of the following eight types of project categories: A. Streets and Highway Projects B. Sidewalk and Trail Projects C. Sanitary Sewer Projects D. Stormwater Drainage Projects E. Parks Projects F. Municipal Building Projects G. Fire Projects H. Other Projects -1- SUMMARY OF THE PROPOSED 1993 CAPITAL IMPROVEMENT BUDGET (CIP) With construction of three regional transportation projects the focus of the 1993-1997 CIP turns towards local improvements which will accommodate future growth. Many of the proposed projects will be constructed near the Mini Bypass, the Shakopee Bypass or the Bloomington Ferry Bridge. Some of the projects listed in the 1993 CIB include reconstruction of Spencer Street and the downtown alleys, extension of Vierling Drive around the west end of the Shakopee Town Square Mall and Phases 3 and 4 of the Upper Valley Drainageway. Preparing for anticipated growth through the CIP process is an essential task for the City to undertake. The following is a summary listing of the proposed projects in the one year budget (1993 CIB) : A. Street and Highway Projects 1. Spencer Street (1st Avenue to 9th Avenue) Spencer Street is designated as a collector street in the draft Comprehensive Plan. It is one of the two dual collector streets providing north-south access from the- Mini Bypass. Portions of this street will need to be completely reconstructed and other portions may be milled and overlayed. This project needs to be done prior to the downtown mini bypass opening in 1993 . 2 . 8th Avenue (Atwood Street to Spencer Street) This street is in poor condition and needs to be reconstructed. 3 . Muhlenhardt Road This road is currently a gravel road on a severe slope (up to 10%) that is an extremely high maintenance road due to constant washouts and poor drainage facilities. This project was included in the 1992 CIP and a feasibility study has been completed. 4. Minnesota and Dakota Streets (North of 7th Avenue) Development is proposed to the north of the alley north of 7th Avenue and is anticipated to be completed in 1993. The short sections of Minnesota and Dakota Streets would be needed to complete the street connections. 5. Downtown Alleys (Spencer Street to Fuller Street) The existing alleys are severely deteriorated and need complete reconstruction. Shakopee Public Utilities Commission is considering undergrounding their overhead lines in the downtown area. The two projects should be coordinated and done at the same time. -2- 6. Miscellaneous Reconstruction Several short street segments are in need of reconstruction. These segments include Fillmore Street (1st Avenue to 4th Avenue) , Naumkeag Street (1st Avenue to 4th Avenue) and Atwood Street (4th Avenue to 5th Avenue) . 7. Maras Street Currently, this is a private road located in eastern Shakopee just off 13th Avenue. There is industrial development off this road, but it is a substandard street. Currently, it is dirt/gravel with poor drainage and a severe "hump" over a gas line. It would be an over length cul-de-sac. The City Attorney is attempting to have the City obtain this road. After the appropriate dedications have been made, Maras Street should be upgraded to City standards. 8. Harrison Street (3rd Avenue to 6th Avenue) This is old state highway 169. The existing concrete is severely cracked and spauled (packed with holes) . The exact rehabilitation treatment has not been determined but it may consist of anything from milling/overlaying to complete reconstruction. 9. Vierling Drive (Polk Street to Shopping Mall) Access to the mall is currently limited on the south and the west. A loop road around the west side of the Shakopee Town Square Mall would connect to the collector streets, Vierling Drive and 10th Avenue. This project will help eliminate neighborhood traffic problems and encourage development in the area. 10. Webster Street (5th Avenue to 6th Avenue) This street is a gravel street. This section of Webster Street was identified in the Gravel Street Study as being improved to City standards. B. Sidewalk and Trail Projects 1. Annual Sidewalk Construction Program In order to promote the construction of a safe and economical sidewalk system, a citywide planning study on pedestrian facilities was initiated in 1992 . Based on the preliminary plan an annual sidewalk construction program was recommended. By investing a limited amount on an ongoing basis a logical network of sidewalks can be constructed. The emphasis of the 1993 program would be directed at providing sidewalks along arterial streets in the urban area. The amount budgeted in 1993 is $50, 000. -3- 2 . Annual Trail Construction Program A similar annual program for trail construction is being recommended in the Citywide Sidewalk and Trail Plan. The emphasis of the 1993 trail program would be to complete connections in the Upper Valley Drainage Trail. The amount budgeted in 1993 is $25, 000. 3. Sidewalk Repair Program The City Council initiated an annual program in 1990 to replace existing defective sidewalks, with an annual budget of $25,000. 4. Trail Repair Program A similar annual program is proposed to repair defective trails. The annual budget in 1993 is $5,000. 5. Timber Trails - New Trail The Parks and Recreation Advisory Board (PRAB) is recommending the construction of a trail section in the Timber Trails subdivision area. The budgeted amount is $2 ,000. C. Sanitary Sewer Projects 1. VIP Interceptor (CR 17 to CR 15) A feasibility report for the proposed extension of the VIP Interceptor was completed in 1992 . This sewer line will provide the necessary sewer service for the undeveloped land in this area and to the west. The VIP Interceptor will also provide sewer capacity for Rahr Malting Company. 2. Rahr Diversion As proposed in the VIP Interceptor Feasibility Report there is not adequate capacity in the existing River Interceptor to handle the flows from Rahr Malting Company at the present or with future expansions. A diversion to the VIP Interceptor is necessary. D. Stormwater Drainage Projects _ . 1. Upper Valley Drainage Plans III and IV The Upper Valley Drainage System is being constructed to provide necessary drainage for the Southerly Shakopee Bypass. Phase III and IV will be constructed between County Road 79 and County Road 15 and to the bypass. A portion of the Upper Valley Trail will be constructed with this project. -4- E. Park Projects 1. ADA Compliance The PRAB is recommending the investment of $10, 000 for three consecutive years to install the necessary handicap facilities in City parks in order to comply with the American Disabilities Act. 2. Shakopee Municipal Pool Repairs After 23 years, parts of the filtration system and water pumps have become worn and are in need of repair. A consultant has been hired to prepare a plan which will guide necessary improvements to the pool over several years. The pool is a vital importance to the community and greatly appreciated by its citizens. This is a high priority. Funding source: General Fund. 3 . Tahpah Park Parking Lot Extension - Trees and Shrubs Completing the final phase of the parking lot at Tahpah Park will be helpful in alleviating some of the parking problems at the site. The Shakopee Jaycees are embarking on an ambitious tree planting program for Tahpah Park. The new water supply to the park will improve the survival rate of plant life there. Funding source: Shakopee Jaycees. 4. Memorial Park Playground Equipment The PRAB is recommending that additional playground equipment be provided at Memorial Park. The amount budgeted is $25, 000. Staff is inquiring about possible donations for this equipment from local civic groups. 5. Stens Park Land Acquisition The Comprehensive Plan identified the need for a four acre neighborhood park near the Shakopee Senior High School. The land is proposed to be acquired through the park dedication process as the area develops into a residential neighborhood. 6. Lions Park Pond/Trail Extension The pond and trail extension will be constructed in conjunction with the remainder of the Upper Valley Drainage Project, which will be done by MN/DOT with the Shakopee Bypass. Funding source: Shakopee Lions Club. F. Municipal Building Projects 1. Salt Storage Building A building is needed to appropriately store road salt in -5- the Public Works yard. The budgeted amount is $100,000. 2. Public Works Parking Lot The parking lot around the Public Works/Police Building need to be repaved. Shakopee Public Utilities Commission will participate in this project. G. Fire Projects 1. Fire Station No. 2 - Land Acquisition The Fire Department is recommending that the land for a second fire station be purchased in 1993 . The amount budgeted is $120, 000. H. Other Projects There are no Other Projects in the 1992 Capital Improvement Budget. SUMMARY OF THE PROPOSED 1993-1997 CAPITAL IMPROVEMENT PROGRAM (CIP) The emphasis of the five year CIP follows that noted in the one year CIB. Numerous City capital improvement projects will be needed to support future growth created by the regional transportation projects. All other requested projects have been programmed into the remaining years of the 5-Year CIP. In addition to the table showing the proposed year of construction, there are individual project data sheets for each project explaining the projects and the estimated costs. -6- 1993-1997 CAPITAL IMPROVEMENT PROGRAM FINANCIAL SUMMARY BACKGROUND The City of Shakopee will be faced with financing various Capital Improvement Projects, both large and small, during the foreseeable future. To assist in planning the projects, consideration must be given to the financial resources available. It is obvious that just as the projects are various types, such as public buildings, utilities projects, park improvement projects, and electric distribution projects, there are a number of ways to finance the projects. All sources are not necessarily desirable or available in each case; but the most common sources of funding and those identified in the preparation of this capital improvements program are as follows: 1. General Fund The General Fund is used to account for revenues and expenditures necessary to carry out the basic functions of City government. These basic functions include police and fire protection, planning, administration, etc. Appropriations are made from this fund annually. 2. Special Revenue Fund Special Revenue Funds are used to account for the proceeds of specific revenue sources designated to finance particular activities as required by law or administrative regulation. The Park Reserve Fund is utilized to account for monies received that are designed for park purposes. Expenditures are for park development and improvements. Established in 1984 , the Transit Fund accounts for the van pool and dial-a- ride services provided by the City after opting out of the Metropolitan Transit Commission's service. The Community Recreation Fund was established in accordance with the City Code to account for a cooperative recreation/education program between the City and School District 720. The Capital Equipment Revolving Fund was established in 1979 by the City Council to provide funding for large pieces of equipment and to even out those financing needs over several years. Housing and Redevelopment Authority Fund accounts for the activities of that body. 3. Debt Service Fund These funds are maintained to account for the accumulation and disbursement of money needed for interest and debt redemption requirements of the general obligation bond issues. Primary revenues sources are property tax, special assessments and tax increments. Provisions are made within the City' s general property tax levy to provide sufficient money to meet these requirements. -7- 4. Capital Proiect Funds Capital Project Funds are established to account for the construction of major capital facilities. Projects resources are a combination of several revenue sources such as bond proceeds, interfund transfers, intergovernmental revenue, grants, etc. These funds provide the means for administrators to ensure that designated revenues are appropriately utilized. The Capital Improvement Fund is for various projects in the City, usually small projects. The Bypass ROW Fund is used to record land acquisition for a future highway bypass using funds loaned from the Metropolitan Council. Bridge/Junction Fund accounts for costs of the upcoming Hwy. 169 bridge improvements over the Minnesota River and into downtown Shakopee. The Storm Drainage Fund records costs for the replacement of storm drainage lines and other drainage projects in the city. The 1986-A TIF Fund and the FMG Fund are for tax increment development projects. South Bypass Fund is for the city share of construction of a highway bypass to the south of the urban area. The various improvement funds are for street and utility improvements for which the costs are at least partially assessed against benefitted properties 5. Enterprise Funds The Enterprise Funds are maintained to account for the operation of the electric, water, sanitary sewer, and storm drainage systems. Since the operation of these systems is financed by user charges and are self-supporting, they are accounted for in a manner similar to private business. 6. Agency Funds Agency Funds are used to account for the receipt of monies for other agencies such as the Fire Relief Fund. They are also used to account for monies held for specific purposes such as the Escrow Fund or monies held pending remittance to other agencies as the Payroll Fund or the Utility Fund. The Deferred Compensation Fund reflects deferred employee wages for which the City is acting as an agent for the employees to invest the funds in a qualified plan. The Tax Increment Fund is for the temporary holding of tax increments pending their transfer to other funds or escrow agents. Agency funds can come from other governmental agencies such as the Metropolitan Council, Scott County, the State of Minnesota, and the federal government in the form of grants or loans. 7 . Private Funds Donations from local civic groups have provided a significant amount of park improvements in the City. Several -8- organizations have annual programs in which they wish to help improve the community's facilities. Parkland dedication is another significant source in this funding category. SUMMARY OF POTENTIAL FUNDING SOURCES Several of the fund sources listed in the Background of the Financial Summary have a balance carried from year to year. Figures 1 through 5 illustrate projected fund levels for five of the City's fund sources. The following table lists the current balances (as of June 30, 1992) of these funds: Park Reserve Fund $280,461 Housing and Redevelopment Authority Fund $381,411 Capital Improvement Fund $2,936, 548 Sanitary Sewer Fund $2 ,907, 339 Storm Drainage Fund $1,825, 882 TIF Trust Fund $6, 300,000 General Fund Balance $600, 000 In addition to these funds the City of Shakopee may issue bonds for capital improvement projects. The City has the legal capacity to issue approximately $8,835, 000 in General Obligation Bonds. As of December 31, 1991 the City had no General Obligation Bond indebtedness. As a result, it would be legally permissible to issue $8,835, 000 in General Obligation Bonds. As the close of the fiscal year 1991 (December 31, 1991) the bonded indebtedness of the City of Shakopee was $14, 210, 000. This consisted of $8,595, 000 in Tax Increment Bonds, $0 in Revenue Bonds, and $5, 615,000 in Improvement Bonds. The per capita debt which includes all bond issues, by the City of Shakopee ranks slightly higher than the average of all Minnesota municipalities both large and small. At the end of 1991 Shakopee's net per capita debt was $857 . The mill rate or tax capacity rate is higher in Shakopee in 1992 than most of the suburban communities in the Twin Cities Metropolitan Area that staff has been monitoring. Historically Shakopee has been lower. Attached are two figures (Figures 6 and 7) which illustrate mill rates/tax capacity rates. The dollar amount of the tax levy is established each year by the City Council. It is determined by adding the debt service levy and the amount of general fund levy needed for the upcoming year. The tax capacity rate is the result of the tax levy amount divided by the taxable tax capacity value in the community. The per capita tax capacity is higher in Shakopee than many suburban communities in the Metropolitan Area. This is due in part to the substantial industrial and manufacturing base which has developed in Shakopee. It is also evident that the commercial and _9_ residential tax base provide a good balance among the categories of properties that provide the property tax base. It is felt that this proportion will change with perhaps less emphasis on the industrial base as the undeveloped portion of Shakopee reaches its potential development. Figure 8 illustrates the debt service levies for the years 1980 to 2002. Line D on the figure represents the approximate tax levy for debt for the 1993 CIS projects. Figure 9 illustrates the debt service levies for years 1980 to 2007. Line D on this figure represents the approximate tax levy for debt for the 1993-1997 CIP projects (5 year) . Figure 10 is a table which illustrates the two graphs in a numerical form. Capital improvement projects have been prioritized into the one year CIB and the five year CIP. In the one year budget, a total of 18 projects have been proposed for construction in 1993. A total of 93 projects have been proposed for the years 1993 to 1997 . Of the total for 1993 projects $2, 465, 00 would be funded through the improvement bonds. The total for improvement bonds is calculated by adding the general obligation bonds and the assessment figures listed in the 1993 Capital Improvement Budget. 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Kraft, City Administrator From: Tom Steininger, Chief of Police Date: August 28, 1992 Subject: Civil Defense Warning Siren INTRODUCTION: Some of the Civil Defense Warning Sirens in Shakopee have outlived their usefulness and need to be replaced. BACKGROUND: The present Civil Defense Warning System is used to alert citizens to natural or man made hazards which require them to seek shelter or take other measures to protect themselves. The present system, installed in 1977 consists mainly of radio activated electro-mechanical sirens. This system was not enhanced until 1989 when a new electronic siren was installed near Shakopee Junior High School. In 1990 a new electronic siren was installed on top of the Scott County Courthouse to replace two older sirens in the downtown area which were inoperable and could not be repaired. This year, permission is being sought to replace two older sirens in the industrial park area with a new electronic model. One of the old sirens is inoperative and needs a new motor. We have been advised by the Whelen Factory that spending the $2,500 necessary to accomplish this repair would not be in the best interest of the city because the siren is obsolete. The sirens installed near the Junior High School and on top of the Scott County Court House are Whelen Model WPS-2750 sirens. This Model has been replaced by upgraded Model WPS 2800-5 version. The WPS 2800-5 Warning Siren meets the specifications necessary for it to be integrated into the existing City/County warning system. The new units are a great improvement over the electro-mechanical models. They have fewer moving parts and last longer. They are more reliable and have a battery which enables operation without an external power supply. They also have u public address capacity which increases their usefulness. Shakopee and other cities installing the electronic sirens are experiencing fewer malfunctions and false activations. Informal quotes were obtained from Fesler's Inc. and Whelen Engineering Company, Inc. Copies of the quotes are attached to this memo. Fesler's was low bidder: Whelen Engineering Co. , Inc $11,058.00 plus freight; Fesler's Inc. $10,827. 65 plus freight. Freight will run between $450 and $500. There is money set aside in the 1992 budget to replace the sirens as requested herein including installation costs. ALTERNATIVES: 1. Purchase warning siren from Fesler's for $10,827.65. 2. Purchase warning siren from Whelen for $11, 058.00. 3. Do not purchase a siren. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Authorize and direct the appropriate city officials to purchase a Whelen Model WPS 2800-5 Civil Defense Warning Siren from Fesler's, Inc. for $10,827.65 plus freight and install it in the industrial park area. . NOTE: When this installation has been accomplished, the remaining useable siren from the Industrial Park area will be relocated and kept in service as long as possible. Fesler's Inc. Post Office Box 99 North Liberty, Iowa 52317 Phone: (319)626-6520 Fax:(319) 626-2235 June 20, 1992 Quote:#061792-Shakoee CD City of Shakopee Outdoor Warning Siren Quotation Qty. Description Unit Price Total 1 Whelen WPS-2800-5 Outdoor Warning Siren $10,827.65 $10,827.65 [Al With standard equipment,see attached sheet listing standard equipment. [B] Replaces the WPS-2750 siren. [C] 5' extra cable for a total of 50' [D[ With (1) D864V-H radio decoder installed. Includes antenna and cable for antenna. [E] Address code would be#2003 and match all present electronic warning sirens for tones and timing of the tones. Sub-Total $10,827.65 1 Freight Charges By Van Lines From Chester , Ct. $ 490.00 [Al F.O. B.-Chester , Ct. Total $11,317.65 Note: production Time: 8 to 10 weeks from time order is received at factory. Shipping Time: 1 to 2 weeks Terms• Net 20 days from order is shipped from factory. Customer. Must supply pole ( Class 2-50 Foot), electrical conduit, misc. electrical fittings, breaker box,weather heads, meter loop box and install labor. Fesler's Inc. will provide on site supervision at no cost to the city for one day when siren is being installed.We will test out the equipment to make sure it is working right. This quotation is good until 98/31/92,Whelen price sheet is to expire at that time and prices are subject to change..Your quoted price will stay the same if the factory does not raise the prices to us at that time. If the factory does raise the prices ,we will not raise the price no more than 5%for one year. QUOTATION Date: 8/07/92 Pages, with cover: 1 FROM: DAVID K FESLER, REGIONAL MANAGER PHONE: 319126-as61 FAX 318 8256726 (Preen 0 after 2nd ring If naadad) ATTN: Chief Tom Steininger SEND QUOTATION TO THE FOLLOWING: CUSTOMER NAME: city of shakopee 2nd Line: police Department PHONE 8: 612-445-6666 CONTACT. Chief Tom Steininger QUOTATION: QUOTATION: MAIL ADD: 476 Gorman Street SHIP ADO: 478 Gorman Street MAIL CITY: Shakopee SHIP CITY: Shakopee MAIL ZIP: 55379 SHIP ZIP: 55379 STATE: WI THE FOLLOWING IS FOR QUOTATION PURPOSES ONLY. NOT AN ORDER OTT: DESCRIPTION: Price Each PRICE: Whelen WPS 2800-5 High Powered Voice and Siren System. Includes: _ Case assembly with 24 volt battery system, charger, amplifiers, AC and DC gauges, LED lights for self test features, Delta lightning arrestor, pole mount bracket, and speaker assembly. $10,185.00 1 Programming for times for siren tones and specific address codes to be specified at time of order. N/C 1 Extra five feet of speaker cable. $25•00 1 D864KH radio decoder to be 5848.00 installed in siren cabinet. 511.E Programmed for customer supplied Freight & on address code at no charge. site below. NOTE: We appreciate the opportunity to quote you on the Whelen sy Additional information for freight and on site supervision is as follows; _ Quotations from Freight Companies on shipping costs vary, depending on the day they are requested. If ti T actual shipping costs are lower than quoted, the city would be billed for the actual amount I have approximated the shipping at this time at$550.00. Should you wish a specific price, I would be happy to obtain an exact quote. Please see attached field service statement, payment terms, and Warranty. Quotation is open for 60 days with a 5% maximum increase on these prices for 12 months. The city will be notified if price increases are lower or if prices remain the same or reduce. Thank you. / 3b MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL Dennis Kraft, City Administrator FROM: Karen Marty, City Attornej A/ DATE: August 25, 1992 RE: Urban Klein Sewage Backup Matter BACKGROUND: In September 1991, Barbarossa & Sons did some work for the City. In December 1991, Urban Klein's residence experienced a sewage back-up. After extensive and unsuccessfully efforts to determine why the sewer backed up, the Kleins finally had a new sewer line installed. They filed a claim through Barbarossa, but Barbarossa's insurer declined to pay. The insurance company took the position that Barbarossa's work did not touch the Klein's sewer line, and if they had damaged a pipe, the sewage would have backed up much sooner. On June 16, 1992, Urban Klein and his sons presented their complaint to the City Council. They indicated that they wanted a reimbursement of approximately $4000 for work done to replace a sewer line. At least one of the sons still believed that Barbarossa & Sons is liable. After discussion, the City Council asked Mr. Klein to submit his claim to our insurance company. Council then invited the Kleins to return to the Council if the discussion with the insurance company was unsuccessful. On July 23, 1992 , GAB Business Services, the City's insurance adjuster, sent the attorney for the Kleins the attached letter. The key provision of the letter is as follows: "I am very sorry for the damage which your clients have sustained but I do not feel that the City of Shakopee is liable and will not be able to reimburse them for the expenses which they have incurred. " After receiving this letter, the attorney for the Kleins submitted the attached letter to the City, asking to again speak with the City Council. For your convenience, I also have attached a substantial packet of additional materials which you previously received relating to this issue. DISCUSSION: This is a standard claim for reimbursement for unknown damage to an unknown sewer line. The City has a standard policy of referring these matters to our insurer, who investigates them. If the sewer line can be determined to be a City sewer main, we pay for the damage. If the line is simply a common sewer line or a line of unknown origin, the City denies liability. Our insurance company has handled many of these cases. We have insurance for precisely these situations, where the insurance company can assign someone to do the necessary research, investigate the situation, and consider the bigger picture of setting precedents. We have no reason to dispute the quality of their work, and in fact they have done an excellent job on handling many claims for the City in the past. ALTERNATIVES: 1. Grant the Klein's request for full reimbursement. 2. Grant the Klein's request, but for a partial reimbursement in a specified amount. 3. Deny the Klein's claim, and let them pursue their concerns in court if they wish, through the insurance company. RECOMMENDED ACTION: Move to deny the Klein's request. [25MEM02] Attachments -2- 08/25%92 11:20 $218 722 9568 FRYBERGER DLH )LN 2002 aW OFFICESALEX FRYBERGER. BUCHANAN. SMITH & FREDERICK w.9RUCE auOu.WN• A PROFESS/0N•L ASSOCIATON NICKLR^' HAROLD TOO LONSOALE SuR01NC w.[.rm ERGUl.,A HMOLD A rw[C DAVID Q.WawaP.A� Mira Vwaq- 30*WEST SUPERIOR SIRES' CeuHSCL n• n[[N.[Teu,T IIOL[eT L Tatar'NOV PauI_r. ,w EI OtR DULUTH. MINNESOTA 35BO2-I233 •AUL r.s€SSCN w' (410)7fOSL ...a.aalfaam.a aaaaaaaa NGLSi N[WYM ..NAsA L WI4C •n U[ee+x701 ▪OaW.L u,.t.z N' WAR MG]K".OBee L0 O.W.[AN,ORO ONI.WTa1 !HawnAM.SuNuw• NNL LEWIS AAiww a Alan nw MICHAAtliocrEL L. OWLS *ALSO s[O MACMA M.MARK claim 30' STE▪ PM NIO.C 11. -A6[0UCE.sn eaUL (I n BALL - Wl L M11nCES S in FtGMDA mar rat/CES SKALANT fl WAM ANDEL T Thema D.os[RO n a T. a-C[NATiID TennT. .OT WALLI T[w[eA N.root[ July 30, 1992 Mr. Dennis Kraft City Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Urban Klein Sewage Backup Matter Dear Mr . Kraft: Pursuant to the instructions of the City Council on June 16, 1992, we submitted a claim to the City of Shakopee's insurance carrier. At such meeting the City Council instructed us to submit a claim to the insurance carrier and in the event that the insurance carrier rejected the claim to come back to the City Council for another review. As you probably know by now, the City's insurance carrier rejected the claim of Mr. and Mrs. Urban Klein. Since We do not agree with the findings of the City's insurance carrier, and pursuant to the City Council's instructions, we are hereby requesting that the City Council again place the sewer backup matter on its agenda as soon as possible. We understand the City has several alternatives for reimbursement in this matter. The City can reimburse the Klein's for the entire amount out of its Sanitary Sewer Fund or reimburse the Klein' s for a negotiated amount. Please let me know as quickly as possible the date on which we should make our presentation to the City Council. We are looking forward to an amicable resolution of this matter. Yours truly, Thomas D. DeMatteo TDD/mlc cc: Mr. and Mrs. Urban Klein David D. Klein William J. Klein GAB Business Services Inc 9531 West 76th Street Suite 220 Eden Prairie,Minnesota 55344 Telephone 612-942-9818 Brener office July 23, 1992 THOMAS DE MATTED, ATTORNEY AT LAW 700 LONSDALE BUILDING 302 WEST SUPERIOR STREET DULUTH, MN 55802-1863 • Insured: City of Shakopee Your clients: Mr. & Mrs. Urban Klein GAB file no: 56527-24359 Date of loss: 12-09-91 GAB Dear Mr. DeMatteo: I have now had a chance to review the material you sent me and also performed my own investigation into this matter. After discussing it with city officials and reviewing your material, I have come to a conclusion based on several facts. Since your clients are bringing the claim, they have the burden of proof. I do not believe that you have demonstrated that the City is liable for the damages concerning the sewer backup of December 9, 1991. You keep referring to the line which your clients were hooked up to as a city main. According to city officials it is not a city main but a shared line. The City has no responsibility to clean or maintain a shared line. Also, it would appear that this backup occurred due to deterioration over the years. I am very sorry for the damage which your clients have • sustained but I do not feel that the City of Shakopee is liable and will not be able to reimburse them for the expenses which they have incurred. GAB . . . "Where quality really matters." Page 2 Very truly yours, Thomas M. Felcyn Adjuster TMF/tbF} ese/coiKaren Marty, City Attorney, City of Shakopee, 120 Karen Avenue, Shakopee, MN 55379 cc: Sue Sichmeller, Capesius Insurance Agency, P.O. Box 97, Shakopee, MN 55379 May 28, 1992 Bob Sweeney Shakopee City Council 506 S. Holmes St. Shakopee, MN 55379 I am writing this letter on behalf of my father, Urban Klein. Earlier this year, my mother and father's sewer began to act up. Numerous attempts were made to correct the problem, but none seemed to work. Five different service people stated that their sewer line was clear all the way to the city's main. After this diagnosis, water still began to back up into the basement. My father then contacted the city of Shakopee requesting that they investigate further. The city found no problem with the main and therefore the only resolution was to dig up the entire sewer line from my father's house to the road. After doing this, it was found that my father's sewer was hooked up to a forty year old line and not to the new main. This line worked perfectly for all of those years, but with all the recent street construction in the area, the line may have been broken or crushed by Barbarosa, the contractor. This cannot be detected since this is one of the few streets in Shakopee that had no x-rays of the underground utilities. Over $3,500 later, the problem is solved but the liability for repair is still unresolved. My father has paid all of the bills and has received no satisfaction from Mr. Hutton and the City oP -Shakopee, Barbarosa Construction, or Barbarosa Construction's insurance company. Each party has a tendency to blame the other. When it comes right down to it, my father's sewer was working just fine from his house to the math; the problem was with the city's portion of the sewer line. This seems rather simple to me that he should not be liable for something that ;/ is the city's responsibility and is totally out of his control. These lines were installed over , forty years ago prior to his residency there. My mother and father are on a fixed income and therefore they can ill afford a$3,500 repair bill. Even more important is that my father's health is not the greatest to begin with. All the arguing and frustration continues to cause additional problems to his well being. As a constituent of yours, I am requesting that you contact Mr. Hutton and ask him for all of the details to this long, drawn-out affair. Undoubtedly, my father is not liable for a problem with the city main, but no one seems to care. He has paid taxes on his home for forty years which allows him access to city sewer and water. If this service is not available to him, it is the city's responsibility to correct it. I have scheduled a meeting with Mr. Hutton at the city office on Wednesday, June 3 at 3:30. I will be in attendance, along with my brother, Dave. I am requesting your support for an expeditious and satisfactory resolution to this problem. My father will not attend as I do not wish to cause him any more frustration. As my representative in city government, I would appreciate your assistance. If you have any questions, please do not hesitate to call me at home at 445-9249 or work at 340-3205. rely, iam Klein. RCCOVED 8051 Horizon Drive Shakopee, MN 55379 MAY 2 91992 Girt OF SHAKOPEE LAW OFFICES FRYBERGER, BUCHANAN. SMITH & FREDERICK P./BRUCE SUCHANAN' A PROFESSIONAL ASSOCIATION NCR SNIT". 700 LONSOALE BUILDING N.S.FRYBERGEP.JR. HAROLD A.>PEDERICN DAVID J IOSIINEN.RAN DEXTER LARSEN' 302 WEST SUPERIOR STREET COUNSEL JAMES N.STEWAR1T ROBERT ILTOFTEV• DULUTH. MINNESOTA S5802-1063 - MICHAEL IVLAI K..MDONOVAN "A"r W[q[w• (BON 722-0561 MA5At ROER.]w.yesaNT JOSEPH J.MINwI[n' FAX(2181 T22•SS66 WHEELER U]ee.1R>OI LEVT NLOP[M W.u roR0 UBiw1>el NNE LEWIS VN WO R OB[RSTAR. BaOT O A MICHAEL COWLES iN WISCONSIN DANIEL IS MADCPY LSO LICENSED I[Owa CLL m tbmoa PRANCESPAUL B.MART SIALA VINCENT ROLEALINOSER0 THOMAS O.OMA PEED RtVIN T.WALL TER[SA M.OTOOLE June 4, 1992 FEDERAL EXPRESS Mr. Dennis Kraft _City Administrator - City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Notice of Claim/Urban Klein, 605 East Third Avenue Dear Mr. Kraft: This Notice of Claim is being delivered to you pursuant to Minnesota Statutes $466.05 in order to provide formal notice to the City of Shakopee of a sewage claim by Urban Klein. As you know, Mr. David Hutton, the Public Works Director, has been in contact with Mr. Klein since February, 1992 with respect to this matter. On or about December 9, 1991, Mr. Klein's sewer backed-up in the basement resulting in cleanup costs as well as a significant amount of expense to determine the reason for the problem. During the next several weeks Mr. Klein incurred approximately $3,500 to $4,100 of expenses to obtain workable sewage disposal. On or about February 17, 1992, Mr. Klein turned in a sewer claim to Mr. Hutton who subsequently forwarded the claim to the City's contractor, Barbarossa and Sons for their action. • Barbarossa and Sons subsequently-forwarded the claim to their insurance company and on May 14, 1992 Barbarossa's insurance company denied coverage of the claim. On May 19, 1992, Mr. Hutton indicated to me that he would recommend to the City Council that it deny Mr. Klein's claims for reimbursement. On June 3, 1992, an informational meeting was held with Mr. Hutton, Dave Klein, Bill Klein and myself to better understand the City's position with respect to this matter . Based on the foregoing, Mr. Klein is hereby seeking reimbursement in the FRYBERGER, BUCHANAN, SMITH & FREDERICK Mr. Dennis Kraft June 4, 1992 Page 2 amount of approximately $3,500 to $4,100 plus any other additional damages and relief that may be proper under the circumstances. In addition, my client (who may be represented by me or a member of his family) , would like to be placed on the City Council's agenda for June 16, 1992 in order to present this claim for reimbursement to the City Council. Please confirm this date as soon as possible. If you have any questions or comments, please do not hesitate to contact me. We are looking forward to an amicable resolution of this claim. Yours truly, Thomas D. DeMatteo TDD/mlc cc: David E. Hutton Mr . and Mrs. Urban Klein MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Urban Klein Sewer Claim DATE: June 10, 1992 INTRODUCTION: Attached is a letter from Mr. Urban Klein's legal advisor requesting City Council consideration for a sewer claim at 605 E. 3rd Avenue in the amount of $3,500 - $4, 100. BACKGROUND: In December, 1992 staff was contacted by Mr. Urban Klein, 605 E. 3rd Avenue, regarding a potential sewer back up at his residence. As is the standard practice, the Public Works Department investigated the City's sewer mains in both 3rd Avenue and Main Street for possible obstructions. Finding no obstruction in the mains, Mr. Klein was notified that the problem was in his service line and that he would have to correct the blockage himself. Mr. Klein then informed staff that he felt the City's contractor on the 2nd Avenue Project, Barbarossa & Sons, had damaged his service line and that the contractor should dig it up and fix the service line. Staff informed Mr. Klein that it had not yet been determined if the City's contractor had indeed caused the problem and since the contractor no longer had equipment or crews in town, that Mr. Klein should dig up the service line to find out what the problem claimwas n should belt the submitted to contractorhad staff damagedthe forwarding line, to the contractor. Mr. Klein then hired a contractor to dig up the service line. Because the service line does not connect up to the City main in 3rd Avenue, they were unable to find the blockage because they were unable to determine where to dig. The contractor installed a new service from the house to the City main in 3rd Avenue. In February, 1991 Mr. Klein submitted a claim to staff in the total amount of $3,490.00. This claim was then submitted to Barbarossa & Sons for their determination. On May 14, 1992 Barbarossa's insurance company denied the claim on the basis that the contractor was not negligent or caused the damage. The Engineering Department also performed an investigation of the claim to determine if investigation, staff Barbarossa with de damage. Based determination on thist eby Barbarossa's insurance company in this matter (Please refer to the May 4, 1992 staff memo in this regard) . Due to the denial by the contractor's insurance company, Mr. Klein is now appealing to the City Council for this claim. The City Council has indicated that the issue hinges on the determination on whether or not Mr. Klein's service tied into an old City main or was a shared service. In staff's analysis, this line was not a City main but rather a shared service, for the following reasons: 1. Main lines are normally 8" or larger while service lines are usually 4" or 6". 2. Mr. Klein's service line was a 6" clay line and the pipe behind the curb was also a 6" clay line. 3. Current standards utilize 4" services for single family homes, but in the older part of the City, 6" services lines are quite common. 4 . The City main in 3rd Avenue was installed in 1949 or 1950. The City has been maintaining that line ever since. There has been no City maintenance on the second line behind the curb since 1950. There are no maintenance records available to determine if there was any maintenance on the second line prior to 1950, though. 5. It was quite common in that time frame to construct multiple homes on shared sewer services, prior to City sewer becoming available. These service line situations exist on every single street reconstruction project done in the older part of Shakopee. Mr. Klein's house was constructed in 1905. There were no building permits required at that time so there is no documentation on the proposed sanitary sewer service location. The age of the service also cannot be determined, although it probably was installed at the time the house was built. Because the sewer backup occurred in the service line and there was no damage caused by the City's contractor, staff does not believe the City Council should consider this claim. Normally, there should be evidence of negligence on the City's part prior to paying any sewer claim. Paying this claim could result in future service line deficiencies also laying claim to the City hooking them up properly, which could be a result in substantial costs to the City. If the City Council wishes to consider this claim, one option would be to submit it to our insurance company for review and action. Past procedures have been to submit all sewer back up claims to the insurance company, rather than the Council being directly involved in these claims. The City Attorney may want to comment on the potential liability associated with future sewer claims. ALTERNATIVES: 1. Submit the sewer back up claim to the City's insurance company for review and action. 2. Direct staff to reimburse Mr. Urban Klein $3,490.00 out of the sanitary sewer fund for this claim. 3. Direct staff to reimburse Mr. Klein for some other amount. 4. Deny the claim. RECONNENDATION: Staff recommends Alternative No. 4 . If any Council action is desired in this matter, staff recommends submitting this claim to the City's insurance company for comment. Based on the analysis of this case though, staff does not anticipate a positive response from the insurance company in this matter. ACTION REQUESTED: Move to direct staff to take the desired City Council action in this matter. DH/pmp KLEIN In summary, we understand that the city has alternatives in this matter. They could submit it to their insurance company but we believe that this would simply cause more undue stress on our parents, as they have already had to deal with Barbarossa Construction and its insurance company. Our mother and father are not parties to the contract between Barbarossa Construction and the City of Shakopee. If there is an issue with the construction company, the city should be acting on the behalf of my parents, the tax payers who are wrongfully damaged in this matter. Thank you for your support in bringing this problem to an agreeable resolution. Sincerely, William J. Klein David D. Klein June 16, 1992 City Council City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Mr. and Mrs. Klein - Sewer Back-up/605 East Third Avenue Ladies and Gentlemen: David D. Klein and William J. Klein respectfully submit the following documentation to the City Council of Shakopee on behalf of our mother and father, Urban and Jerry Klein, concerning a sewage back-up in their home on or about December 9, 1991: 1. Statements from the contractors involved indicating that Mr. and Mrs. Klein's sewer line was totally clear to the street main. 2. A map prepared after discussions with neighbors indicating what the neighborhood believed to be the main sewer line configuration in the area. 3. A detailed listing totaling $3,430.47 for costs incurred by Mr. and Mrs. Klein for clean up and to obtain workable sewage disposal. Additional costs over and above this amount of$200.00 were required for landscaping and yard work. 4. A bid from Kusske Construction in the amount of$300.00 for street work not yet completed as a result of this sewer problem. As you know, our parents are long time residents and tax payers of the city of Shakopee. They are currently retired and on a fixed income. The winter sewer back- up caused them to incur significant expenses to obtain workable sewage disposal which they believed the city of providing to them. We are hereby seeking some form of reimbursement for costs incurred to obtain workable sewage disposal based on , 1) the above documentation indicating the service line was clear to the street, 2) the City itself is unable to determine the configuration of the sewer line (i.e. question marks on its maps), 3) the city has not demonstrated that the sewer line was not a city main and 4) there appears to be no other party from which to seek help to fix the problem. „ , �,, Wayne Dauwalter Plumbing `a 15525 Green Meadows Circle, Carver, MN 55315 (612) 448-4763 June 16, 1992 ,TO WHOM IT MAY CONCERN: Was called by Urban Klein to unplug his sewer line on December 11, 1991. Operated electric sewer machine out 125 feet several times and was unable to correct problem. Since distance from house to the center of the street was only b5 feet, we callekhe City of Shakopee to see if the main line in the street was clear. The City inspected the line and could not see a problem, but they used a power jetter to clean their line. We tried again to clear house service with no luck. Called excavator and dug up the line. Found Klein's sewer connected to a 6” clay sewer pipe in the boulevard parrelling the street instead of connecting to the sewer in the middle of the street. We believe the 6" sewer res accidentally disconnected when work was done in next intersection by City Contractor. WAYNE DAUWALTER Plumbing e/apeariaadartr- Wayne Dauwalter I • 0C 'o X m 1-H CDo. to �" oh W n(o o H. G ‘., • r r 0) n o r c. -r N it 0 •-3 c 0, N r r. J CO co '0 =- 1-1 (D X "7m -• fl - C� P . r' C CO CI C. 0 0 Co H. < 1' H- r• 0 Cl) (D .1 0 N 1-H 0 Cl ! 0 <U m G 7 • H y CP m r 0 ^' 0- VC -CoCD0 (D W 0 co J ri CO 0 n SSu H �4r F3 t 0 0 0 w H. 'G E c' N --1 o• P r P. B M 'S (CD 0- cl- HS W •< o o r Cr t4 c' '1 0 c* 0- CO 0 �' CO m - c 'TY 4 C/I CD `S c+ z' G r1 m H. m (D 4, 0 CO . 0 m 0 I- CD 0 ° c' CO CD 0 m CD CO - m `< `* 0 ' HG o G n F-1 (D cf \. G :r 0 P. CD CO 0 r 0. CO W 0 Cl CD m 0 (D I I 064164'92 13109 S 612 559 7000 ROTO ROOTER P.02 win- CIe} --- 1_.4.- 0 URGENT U SOON AS rossxur ROTO-ROOTER SERIN COMPANY FILE NO U RE '"'EQE° 14530 27th A c. N. � � ✓ MINNEAPOLIS. M 55447 � `' ATTENTION - 11 , - _- - 111 • (612) 644-9 61L/} ,..E' a"', sower MESSAGE Lam. DC 4u-4--1--- ea—e-1.4)-4---L, ..A-e—..A-e— -^- fC / "' . • Y . REP! OM! O! RCPT Y SIGNED _..___.. ......__. _._-_-._... COCAD iGr Ni Q d '• T r D 0 MAI\ 1 0 p 0 o ssn , J.N eNi O M�-1 CO f / ^ 0 r Q 0 I to U-i t17 0H1 -< 0 0 MARKET 0 0 A CM 0 Ni Total Project Cost Breakdown John Ries Plumbing $16.30 Roter Rooter 52.00 Roter Rooter 151.25 Wayne Dan Walter Plumbing 318.42 Kusske Construction 2892.50 Subtotal 3430.47 Kusske Construction (Paving) 300.00 Lawn Clean up/Landscaping 200.00 Total Project Cost 3930.47 Copies of these bills have been submitted to Mr. Hutton. JOHN L. RIES, JR. PLUMBING 220 West TNrd Street Shakopee, MN 559/9 STATEMENT DATE /? 7 7/ // (, 5 i j.- lG / ... / J2 U ) 1 /r a /G 3n VII Ile P / 237 1 ROTO-ROOTER SERVICES COMPANY ROTO- SOS 12.0750 INVOICE NO. ROOTER MINNEAPOLIS. MN 55486 ,i I Z✓13 (612) tions 551 as e J �� GLL y understand side the cthis Invoice. ae! I, tv iN • DATE OF SERVICE reverse side of this ImGice. /A/ // • (1131139 /25. if NOW YOUR PLUMBER T00! pi cit. r/,24. /(se SAVE THIS INVOICE FON YOUR GUARANTEE CUSTOMER PHONE TENANT PHONE CUSTOMER NAME / Jrct ki-E/A/ yN5- 1975 BILLING ADDRESS ' / — FEDERAL I.D.NUMBER PURCHASE ORDER �. C-- > J' �1 K I.:: 424499300 CITY STATE LP CHARGE AUTHORIZATION• 1 'A4ItFrr 41,-r 11 PDO- SS(JOB ADDRESS IF EMCEE-ENTAN BILL! ;ADD- ) -TAT IP APARTM T NO. TENANT NAME - DESCRIPTI011.OK WORK !'4i..1 ATr A 5r.7 G` Art HR T<tFn/lk In rw.r/ Nnn.= P'/a. ` S 1--1 0 ( L ua a./.f crvtRP - ll_JrL_I1 - ,..ip 57 j,a-' D.se in.," — S- ' Time Taken /I 'll- Time FLOORD y•—...1-0 Time Completed 7' A1° MAIN LINE: FT LINE; FT. TOIII LET BOWL FT. C KITCHEN SINN: OTHER LINE: 1 1 WORK ORDER AUTHORIZATION GUARANTEE _OTHER CHARGES INVOICE AMOUNTS I hereby authorize you to perform the above described services and TOTAL " p• 15.1->";Tl�'.5- $ PARTS $ I agree to pay the amounts indicated to the right. I hereby canny =o that I am duly authorized to order and approve the work requested. $ LABOR5.j.52 (�'(/� �/ TOTAL y SIGNATURE �^#1.1H',.. '7 w //O..��• TIRE $ OTHER TYPE OF SERVICE TERMS OF PAYMENT r In INa event check is retuned.the COM- TAX EXEMPT RES/COMM Q" PLUMBING 0 D.F.I.0 CREDIT CARO 0 CHECKK•-!•A PAW MO doge the CUSTOMER'S credit I TM( erg for the amount of the check MIM a TOTAL C.7 �` INDUSTRIAL 0 I.P. 0 S.T.P.0 NET SJ 0 CASH 0 S15.W processing lee. $ 5 Ws— CALL ROTO-ROOTER FOR QUALITY PLUMBING SERVICES This is to acknowledge completion of the above described work which has been done to my complete satisfaction. C `^ DATE CUSTOMER SIGNATURE O SERVICEMAN'S NAME 002‘ y �,}-11 , t,rnl,F,�l• 1 CUSTOMER-2 Rv 0 v— QUO I L'Y,JIM ROOTER MINN , WI 55466 (612) 544-9551 5449551 I end:mi nd the cont dons as reverse side of this invoice. DATE OF SERVICE (may) / - .1 c,-=, NOW YOUR PLUMBER TOO! SAVE THIS INVOICE FOR YOUR GUARANTEE CUSTOMER NAME I CUSTOMER PHONE TENANT PHONE Je'r ,,, k; ,: i BILLING ADDRESS FEDERAL I.D.NUMBER PURCHASE ORDER e 7-t ,>i- �, 42.0499300 CITY STATE ZIP CHARGEE . 1" .UTHOWNTIONF .. t = G C C 4M, N 5 17 17I S /L ADDRESS,JOB ADDRESS IF DIFFERENT THAN BILLING ADDRESS, STATE ZIP APARTMENT NO. TENANT NAME I I I I DESCRIPTION OF WORK ^b_ . .. , - /. �g:. r te.- . :4 Y,.e-.e / 1;.-. s a 41/41-4.-- �4 .'.v/G4le •e w .� / `.////'t J q P � P G./<-'/"aK 4 '/J >`Fri /^//&' /KN c%'t'r i%r/ate, r .•N... S :),L1f+ ' i ./- ..✓y /y c, - .. I ,YnG+r /e+ Au PLrc rr, ' iS 7r" _v/'r/.v/./i. 1 4; _. .a'• i vi' Time Taken lime Arrived °"°61 Time Completed 77-C'S- 1 f ,C.-641<n�u nifvvie — _J'SIAIN LINE: FT. FLOOR DN. FT. BATH TUB: q Fr. i/ Cr n KITCHEN SINK: J II OTHER UNE: TOILET BOWL C:: , i til ' (� WORK ORDER AUTHORIZATION GUARANTEE OTHER CHARGES fa.,r IRQOraIRPUl_fig _r I herebyauthorize to perform the above described services and /,F/ TOTAL I agree to pay the amounts indicated to the right. I hereby certify .../.."0/..../../.4,-;_ - - N^ 5 ✓'+r L✓Z 4),S L—' PARTS $ 5r LI o that 1 am duly authorized to a er/and approve the work requested. ! $ -TO—net. LABOR /37' 2 C �/ / {[)tl/'/ G pins IF i.-.-cc h4/1 TOTAL aI,co SIGNATURFr )• !.n l• '•-•. TfRE , . `{ -- OTHER TYPE OF'SRVICE TERAUSLIENOSNIFerfr r* In II.event Steck S returner].the COM- TAX EXEMPT REB/COMM. PLUMBING 0 D.F.I.0 CREDIT CARO CHECK 0 PANT NO Charge IM CUSTOMER'S credit F TAX card for the nue'of Ilse theft Nue a INDUSTRIAL 0 LP.CI eT.P.❑ NET S3 0 CASH❑ EIE.00 pxe® TOTAL Irg lee. $ /5-1.0 Iwo- V'."‘ CALL ROTO-ROOTER FOR QUALITY PLUMBING SERVICES This is to acknowledge completion of the above described work which has been done to my complete satisfaction. }� Li•}•n DATE CUSTOMER SIGNATURE SEP ICEMAN'S NAME '�r lfl CUSTOMER-2 KUSSKE CONSTRUCTION CO. INC. 3575 County Road 10 East Chaska, Minnesota 55318 STATEMENT January 6, 1a 92 Pair. tirhan ] Pin Ens and Avanue Ea=t ShaknrPP rinnPsnta 55770 JEANETTE E.KUSSKE PHONE President AN Typos of Construction 418-3321 12-18-91 warningTLites-barricades $ 40 00 Permit to dig in street 25 00 • Ford Backhoe 7': hrs. @$55.0D 412 50 Labor 6 hrs. @$20.00 r120 00 12-19-91 Labor 7 hrs. @$20.00 r 140 00 12-20-91 Impact Hoe Rental 600 00 Core Drilling Machine Rental 200 00 Truck time 2 hrs. ©$40.00 80 00 13 ton red rock3$5.00 65 00 Backhoe 10 hrs. 0$55.00 550 00 Labor 8 hrs. @$20.00 160 00 Materials: 30' 4" XH Cast 70' 4" PVC 2 4" Neoprean Bands 1 10"X4" Saddle 1 4" Cap 1 4"X4" Wye 3 4" Couplers 3 4" Bends 500 00 2 2892 50 We will bill for clean-up when wt have to return to blacktop. We may need to use some of the materials d.ie to settling: Thank you, 7.5-7 sem-.Chip.1%,W«30 D.y. WAYNE DAUWALTER PLUMBING INVOICE INVOICE PA 15525 GREEN MEADOWS CIRCLE 12/3 C!i 91 2 X65 CARVER,MN 55315 (512)4484763 SOLD KLEIN, URBAN SHIP KLEIN, URBAN TO 605 E. 3RD STREET To 605 E. 3RD STREET SHAKOPEE, MN 55379 SHAKOPEE, MN 55379 PURCHASE SHIP WA TERMS ORDER NO. Ref : 7299 30 DAYS item- 4 Description Quantity Unit Unit-pl ice Ext-price 326 PVC TEE 4 1 EACH 5. 54 5. 5L 352 PVC CO TEE LIP 4 1 EACH 8.31 9. 31 1564 NO HUB COUPLING 4 1 EACH 5. 76 u. , c *ITEM FERNCO NO-HUB DONUT 4 1 EACH 3. 06 =• Oc- *SHAKOPEE TRANSPORT CHARGE 1 TRIP 7. 00 7. 0C LABOR RATE FOR: 9. 75 HOUR 33.00 299. 7r. INSTALLATION OF PLUMBING CLEANOUT IN PLUMBING STACK IN BASEMENT OF HOME. MADE AN ATTEMPT WITH ELECTRIC SEWER MACHINE TO OPEN LINE. RAN OUT 130 FEET OF CABLE WITH NO SUCCESS. RECOMMENDED 44 1-1 HAVING LINE REPLACED OUTSIDE. AFTER LINE OUTSIDE WAS DUG OPEN IN BLVD. , WAS ASKED TO TRY AGAIN BE- G BE- CAUSE OF FROST IN THE STREET. TRIED OPENING LINE ^ 3 _ 1 / 7 TWO MORE TIMES FROM BLVD. DISCOVERED THAT OLD I\ 04,x) : SEWER PIPE RUNS IN BLVD. INSTEAD OF CONNECTING �. TO CITY SEWER IN STREET. , /2Y° SALESTOTAL 319. 42 A 1 . 5% FINANCE CHARGE ( 19% ANNUAL PERCENTAGE RATE) MISC. CHARGES WILL BE ASSESSED ON ALL ACCOUNTS 30 DAYS PAST DUE. SALESTAX C'• "'-' SHIPPING O. of INVOICE TOTAL 318. 42' DEPOSIT BALANCE DUE KUSSKE CONSTRUCTION CO. INC. 3575 County Road 10 East Chaska, Minnesota 55318 PHONE An Types of Construction 448-3321 March 3 , 1e92 Mr. Urban Klein 605 Third Avenue East Shakopee, Minnesota 55375 Regarding : Street repair Dear Sir; Our proposal would include equipment, labor and materials necessary to repair the street in front of your residence. This would include patching the street with blacktop. We would proceed with this project as soon as blacktop is being mixed. Our price would be $ 300.00 Sincerely, can ISIS 7w ADMINISTRATIVE POLICY NO. 50 Subject: Bodily Injury or Property Damage - Will the City pay the Sill Dated Adopted: 7/5/88 City Council Info Item 10/4/88 Source of Authority: City Council The City of Shakopee like all businesses carries insurance to cover citizens who are injured or who own property which is damaged when the incident is the fault of the City. The City's insurance policy requires that the ' insurance company shall determine if the City is at fault. In order to conclude that the City is at fault, the insurance company/adjuster must determine that the City has been negligent. If you believe that you have been injured or have received property damage because of the negligence of the City, please follow these guidelines adopted by the City Council: 1) Contact your own insurance company - homeowners, car, or health, depending on the situation. 2) If you or your insurance company believe the City is at fault, contact the City's insurance company, Sue Sichmeller of Capesius Agency, 129 Holmes Street, 445- 1922 . [If the injury/damage is a result of a construction project, the contractor's carrier should be contacted. Call the City Clerk to learn the name of the carrier. ] 3) If the issue is not resolved by the insurance company/adjuster to your satisfaction, you are "encouraged" to recontact Sue at 445-1922 and/or seek relief from the courts. District Court, or Small Claims Court (Small Claims Court has a $17. 00 filing fee and prohibits use of an attorney. The amount of the claim must be under $2 , 000.00) . This is the procedure the Shakopee City Council wishes to use so that a disinterested third party can decide who should pay for the injury or damage. 4) City Council has designated the City Clerk as staff coordinator for citizens claims. Councilmembers thus do not individually get involved in claims. NO CITY EMPLOYEE HAS ANY AUTHORITY TO IMPLY TO YOU THAT THE CITY MIGHT PAY THE BILL OR THAT THE MATTER WILL GO TO THE CITY COUNCIL FOR A DECISION. MEMO TO: John K. Anderson, City Adm,inistrator FROM: Judith S. Cox, City Clerk -; RE: Administrative Policy No. 50, Procedures for Handling Damage Claims DATE: September 28 , 1988 On July 5, 1988 , Council discussed the possibility of changing their procedures for handling damage claims so that the last resort a resident had would be to meet with the City Attorney regarding their claim. After discussion at this meeting Council decided against the residents meeting with the City Attorney after they had followed the City's procedure for the handling of a damage claim and were still not satisfied with the results. Instead Council reaffirmed Administrative Policy No. 50 which did not provide for this meeting. After the discussion at the July 5, 1988 meeting, it is staffs interpretation that it is Councils desire that the procedure for handling damage claims would be completed after the City's insurance carrier decided that the City had not been negligent. Administrative Policy No. 50 originally adopted in 1981 and reaffirmed in 1988 continues to have in the 4th step of the process, "Any citizen who wishes to go to Council with a claim shall be directed to the City Administrator who will place them on the agenda for the next Council meeting" . In compliance with Councils reaffirming Administrative Policy No. 50 on July 5, 1988, the attached Administrative Policy No. 50 dated July 5, 1988 will be inserted into the City's Administrative Policy book replacing Administrative Policy No. 50 dated September 14, 1981. Any Councilmember who does not concur with this interpretation should advise John Anderson in order that this item might be placed back on a Council agenda for further discussion. JSC/tiv MEMO TO: John R. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Administrative Policy No. 50, Procedures for Handling Damage Claims DATE: September 28 , 1988 On July 5, 1988 , Council discussed the possibility of changing their procedures for handling damage claims so that the last resort a resident had would be to meet with the City Attorney regarding their claim. After discussion at this meeting Council decided against the residents meeting with the City Attorney after they had followed the City's procedure for the handling of a damage claim and were still not satisfied with the results . Instead Council reaffirmed Administrative Policy No. 50 which did not provide for this meeting. After the discussion at the July 5 , 1988 meeting, it is staffs interpretation that it is Councils desire that the procedure for handling damage claims would be completed after the City's insurance carrier decided that the City had not been negligent. Administrative Policy No. 50_ origirally adopted in 1981 and reaffirmed in 1988 continues to have in the 4th step of the process, "Any citizen who wishes to go to Council with a claim shall be directed to the City Administrator who will place them on the agenda for the next Council meeting" . In compliance with Councils reaffirming Administrative Policy No. 50 on July 5, 1988, the attached Administrative Policy No. SO dated July 5, 1988 will be inserted into the City's Administrative Policy book replacing Administrative Policy No. 50 dated September 14, 1981. Any Councilmember who does not concur with this interpretation should advise John Anderson in order that this item might be placed back on a Council agenda for further discussion. JSC/tiv 1 `3c. MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Directors SUBJECT: 12th Avenue Sewer and Water Project//Canterbury Lift Station DATE: August 26, 1992 INTRODUCTION: City Council action is required to award the bids for the 12th Avenue Sewer and Water Project. Prior to the award of bids, Council should discuss and take action on the request from Mr. Jon Albinson of Valley Green Business Park regarding the existing, private lift station at the Canterbury Inn. BACKGROUND: On December 26, 1992, the City Council of Shakopee received a petition for public improvements for sewer and water improvements to 12th Avenue located in the Industrial Park. The petitioners, Valley Green Business Park, represent 100% of the abutting, benefitted property owners and therefore waived their right to a public hearing. On March 10, 1992 the City Council discussed the feasibility report for the improvements and concluded that the project should be initiated. Plans and specifications were prepared for the project, which consisted of not only the sewer and water in 12th Avenue, but also sewer and water on C.R. 83 from 12th Avenue south across the future Shakopee Bypass. If any sewer and water crossings of the bypass are to be done, they should be installed prior to the Bypass construction. These crossings on C.R. 83 were bid as alternates to determine if the costs of these crossings would be acceptable. On July 10, 1992 at 11:00 A.M. bids were received and publicly opened for this project. A total of 11 bids were received and are summarized in the attached resolution. The low bid was submitted by Progressive Contractors, Inc. of Osseo, MN for a total bid of $970,774.00. The bid was structured such that either Part A (12th Avenue sewer/water) or Part B (C.R. 83 sewer/water) or both could be awarded. If the City Council were to delete Part B, the total bid is $782,341.75, or a reduction of $188,432 .25. This part of the bid includes the sanitary sewer along C.R. 83 crossing the Bypass to replace the lift station at the Canterbury Inn, a watermain crossing of the bypass and parking lot restoration at the hotel. SPDC has already decided to eliminate the watermain crossing portion along C.R. 83. Prior to awarding the bids, the City Council should determine if the sanitary sewer crossing should be deleted or not. Mr. Jon Albinson of Valley Green Business Park has requested that the City Council delete this portion of the project due to its high cost. If this portion of the project were deleted, staff would like to discuss the ramifications of that decision as it pertains to the existing Canterbury Inn lift station. Canterbury Inn Lift Station Discussion As a general rule, lift stations are not desirable due to the ongoing maintenance costs associated with them and so far the City of Shakopee has avoided the use of lift stations. Lift stations cannot always be avoided though and in staff's opinion there are two reasons for using lift stations, 1) if an area cannot be physically served by gravity sewer and 2) if the life cycle costs analysis of a lift station versus a gravity sewer indicate that the lift station is the most economical alternative. The proposed sanitary sewer line that was designed to replace the existing lift station at Canterbury Inn will cost approximately $177, 000, based on the bids received, including the estimated engineering/administration add on costs. The main reason for this high cost is due to the presence of bedrock within 2 feet of the surface. Due to Mr. Albinson's request to consider making this lift station a permanent facility, staff has done a detailed analysis of all available alternatives, including gravity sewers and the lift station. Alternative No. 1 - Gravity Sewer Connect the sewers from the Canterbury Inn area directly to the new sanitary sewer pipe in 12th Avenue. Based on the elevations, this alternative will not be physically possible. The existing elevation of the existing incoming sewer at the lift station is 7 feet lower than the proposed sewer in 12th Avenue. The sewer in 12th Avenue is already extremely deep and it would not be feasible to lower this entire pipe an additional 8 feet or so necessary to serve the Canterbury Inn area. Alternative No. 2 - Gravity Sewer Connect the Canterbury Inn area to the proposed VIP Diversion sewer along C.R. 83. Physically, this alternative appears to be possible based on the preliminary analysis of this Diversion Sewer. It would require replacing the existing sewer line in Secretariat Drive serving the hotel in order to reverse the flow to go west and eventually construct a new sewer to C.R. 16 to serve the remaining undeveloped 50 acres. The preliminary cost estimate for this option does not appear that there would be a tremendous cost savings from the proposed C.R. 83 sewer due to the bedrock, length of pipe, and replacement costs of the existing sewer. This alternative can be further explored and refined as part of the Comprehensive Sanitary Sewer Plan currently in progress. A decision on the feasibility of this option does not need to be made until such time as the VIP Diversion sewer is being considered. Alternative No. 3 - Retain Existing Lift Station Staff has conducted a life cycle analysis of the lift station alternative versus the gravity sewer along C.R. 83 (Please refer to Attachment No. 1) . Based on this analysis, it is obvious that strictly from an economic viewpoint, the lift station is the best alternative. Yes, there are higher annual maintenance costs, but over the life of the alternatives, the lift station would still be more economical than the proposed gravity sewer line. CONCLUSIONS AND RECOMMENDATION: Can the existing lift station be eliminated by gravity sewer? Yes. Is it economical and cost effective to eliminate the lift station? No. Based on the two criteria for utilizing lift stations that were identified previously, i.e. physical need or economies, staff recommends that the lift station be considered as the permanent method to provide sewer service to this 50 acre area. Staff feels that it is still prudent to avoid lift stations whenever possible, but in this case the lift station is the best option. At this point though, staff sees no benefit in the City taking over the ownership and maintenance of this lift station because it currently serves only one user. As the remaining drainage area develops though, staff does believe that the City has the ultimate responsibility to provide sewer service to this area that could ultimately have as many as 20 different properties in it, based on the lot configuration. Therefore, staff recommends against assuming the ownership and maintenance of this lift station at this time. But staff also feels that a formal agreement should be negotiated with the developer for establishing a time frame for assuming ownership of this lift station. If and when the City ever does consider taking over this lift station, staff also recommends that improvements be made to it such as upgrading the alarms, completely overhauling the pumps and impellors, etc. along with providing the City with a spare pump to have available in emergencies. These items can be further discussed at such time as the City is negotiating an agreement to take over the lift stations. In regards to the alternative to consider serving this area by gravity sewer to the VIP Diversion sewer in C.R. 16, staff will continue to explore this option and will include the results of this alternative in the Comprehensive Sewer Plan. Based on the above discussion, staff recommends awarding the bids to the low bidder, but deleting Part B from the contract. Therefore the resolution awarding the bids reflects this recommendation. Staff also recommends that a contingency in the amount of 5% be allocated towards this project to cover any change orders or adjustments. ACTION REQUESTED: 1. Offer Resolution No. 3655, A Resolution Accepting Bids on 12th Avenue Sewer and Watermain Improvements Located Between County Road 83 and Valley Park Drive, Project No. 1992-4 and move its adoption. 2. Authorize a contingency amount equal to 5% of the contract for use by the City Engineer in authorizing change orders or quantity adjustments on this project. 3 . Direct staff to prepare a draft agreement with Valley Green Business Park, establishing a time frame for the City assuming ownership of this lift station and outlining the conditions or improvements that need to be completed prior to the City accepting this lift station. DH/pmp MEM3655 LIFE CYCLE COST ANALYSIS The following is an economic analysis of the two alternatives for providing the area near the Canterbury Inn Hotel with sanitary sewer service. Based on this analysis, the lift station has a lower economic impact than does the gravity sewer. David E. Hutton Public Works Director 8/25/92 Option 1 Option 2 Lift Station Gravity Sewer Under (Eaistina) Shakopee Bypass Initial Cost (P) 0 $177,000 Annual Maint. Costs (A) $8,000 $ 1, 000 Replacement Costs (P2) $6,000 0 Inflation, Assumed 8% 8% Life, Years 20 50 - 60 The life cycle cost comparison will be done using both the annual uniform cost method and the present worth method of both alternatives over a 60 year time frame. I. Uniform Annual Cost Method U.A.C. = P(A/P, i,n) + A UAC (Lift Station) = O(A/P,8%,20) + $8,000 = $8,000 UAC (Sewer) = $177,000(A/P,8%,60) + $1,000 = $177,000( .0808) + $1000 = $15,300 Conclusion: Lift station annual cost of $8,000 is less than the sewer annual cost of $15,300 II. Present Worth Method PW = P + P(P/F,i,n) + A(P/A, i,n) . . . PW (Lift Station) = 0 + 0(P/F,8,20) + 6,000 , (P/F,840) + 6,000(P/F,8, 60) = 0 + 0 + 300 + 60 + 99,000 PW = 99,360 PW (Sewer) = 177,000 + 1,000 (P/A,8,60) = 177,000 + 12,400 = $189,400 Conclusions: The lift station is a better deal because the present worth of $99,360 is less than the present worth of the sewer, $189,400. ATTACHMENT NO. 1 Summary of Annual Maintenance Cost Calculations 1. Lift Station A. Labor to check readings daily 1/2 hour/day x $20/Hr. x 365 days = $3,650 Call it $4,000 B. Electricity Costs Average Flow (Design) = 100,000 gallons/day Pumps @ 175 gallons per minute 100,000/175 = 574 minutes of running time per day 574 minutes = 9.6 hours 5 h.p. motor x 9.6 hours x 0.746 KW/hp = 36 KWH/day Cost = 36 KWH/day x 365 days x .05/KWH = $657, Call it $700 C. Mechanical Costs Approximately $3, 000 per year to pull pumps, inspect them, perform routine maintenance, oil, impellers, etc. Total Maintenance Costs = $7,700 per year Call it $8,000 2. Gravity Sever Based on 1991 actual costs, the City's sewer maintenance costs are approximately $3,000 per mile. The proposed sewer to replace lift station is 1350 feet long Cost = 1350 Ft./5280 Ft. x $3,000 = $800/year Call it $1,000/year Ali 4 _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ . _ August 10, 1992 Mr. Dave Hutton HAND DELIVERED CITY OF SHAKOPEE 129 First Avenue East Shakopee, MN 55379 Mr. Dennis Kraft CITY OF SHAKOPEE 129 First Avenue East Shakopee, MN 55379 Re: 12th Avenue Project Project 1992-4 Dear Messrs. Hutton & Kraft: The above-referenced project was bid out recently for which PCL was the low bidder. The project has two portions to it, Part A and Part B. Part B is the sanitary sewer and watermain construction at County Road 83 extending from the Canterbury Hotel south to the south side of the proposed bypass. The cost for that portion of the project is as follows: Mobilization $ 5,800.00 Sanitary Sewer Construction 48,027.50 Watermain Construction 52,074.75 Rock Excavation 50,00000 Canterbury Inn Parking Lot Restoration 32,530.00 Total $188,432.25 Plus: 30% for engineering, legal, administration, misc. 1_56.529.68 Total Estimated Cost-- $244.961.93 This portion of the project (Part B) was bid out separately because there was uncertainty about the need for installation of either the sewer or watermain at this location. The sewer line is designed to allow taking the Canterbury Inn lift station out of service upon completion of the South Shakopee/Jackson Township Mr. Dave Hutton Mr. Dennis Kraft Page Two August 10, 1992 Interceptor. The water line was designed to accommodate SPUC's future watermain looping requirements, as detailed in their master water plan. It was our belief these two services, if built at the same time, would provide a cost savings both to ourselves and to SPUC that would make the expense of the projects more feasible financially than would have otherwise been the case. The alignment, engineering work and the expense for the water main was reviewed at the August 3, 1992 SPUC meeting. SPUC determined that the cost was too high and that an alternate location west of this site would provide them with savings over the County Road 83 alignment. Therefore, when this project goes to bidletting, the contractor will be required to delete the watermain portion of the Part B bid, eliminating any cost sharing possibilities with the sewer main project. After deleting the watermain expense from the above-referenced project, the sewer portion of the project cost would then be as follows: Mobilization $ 5,800.00 Sanitary Sewer Construction 48,027.50 Rock Excavation 50,000.00 Canterbury Inn Parking Lot Restoration 32.530.00 Total-- $136,357.50 Plus: 30% for engineering, legal, administration, misc. L40.907.25 Total Estimated Cost-- ;177264.75 The purpose of this sanitary sewer line was to provide a future opportunity to take the Canterbury Inn lift station out of service, allowing the wastewater for the 40+ acres of land served by the lift station to flow by gravity versus lift. We believe the cost not only far exceeds the ultimate benefit provided by the installation, but it also is not Snearaellt feasible. We are requesting that the City Council consider allowing the Canterbury Inn lift station to remain as a pent facility to which the City would take title and assume responsibility for its maintenance. We believe discussion with Council will produce alternatives more acceptable than the expenditure of $177,264.75. This project would provide only a small benefit at a great expense. Mr. Dave Hutton Mr. Dennis Kraft Page Three August 10, 1992 In those discussions, if Council saw fit to require this sanitary sewer installation, we would wish to discuss the possibilities of getting assistance by funding a major portion of the expense with funds from the City's Sanitary Sewer Fund. We believe a thorough discussion of the alternatives would produce an acceptable compromise which would benefit both the City, Valley Green Business Park and the development that will take place on the properties to be served in this area. With the existing bedrock conditions and the length of the proposed sanitary sewer line, the costs are unacceptably high. We hope the Council agrees and that our discussions will lead to an equitable compromise, ideally one which will allow the lift station to remain as a permanent facility. Council action on the letting of this project will be necessary by the September 1 Council meeting. With this in mind, I would ask that this item be placed on the August 18 City Council agenda. If we can be of any help in providing additional information prior to that meeting, please let us know. Otherwise we will look forward to discussing these issues at that time. Respectfully, V EY GREEN BUSINESS PARK �--'J R. Albinson roject Director JRA:jmcm-5.1 Z N W cn � Z Ia w a Ip A � ,, m1z ...._—. NCIH _ ntn -w WOZp a r $ Z �a0� um! F, Za ° 3 � I. 7— }-- Jzo: I3 `3 ¢ 2� fL a w o y p z / 2.urn: i w Z- N WWI I F 4IK9 we & Z0 O 1— �RT6Ltl3N13NN'—S eOtle( ga_ �a 4 µ w °i Z �, Zs 2Oa- f ym�a po_8Q w W a -' „z :ii ct, i' _I w w LU I > I� I 3 y w 4 1= I �a __ 6 � 1 o >- w Ill w m Q N 3 rJ 0 / y Vcc tl3M35 YN X 9/11151” m m Q 6 / / Mtl330m<0151)(3 3NWyLNVZoo o'� N / / 6 °35CJ X < I z �� r�_ / . I xA; i 0 P Ae JI S Sen/ w [Nivint131,M t! [ I in J L % A - 1' 4 /. / _ /moo �1 ti,....„/ hA _ , 1/ _ ' \ a , 1 Y - . / • xWIIJ4J39N1 3 \ I tl3 M351Otl3101`JNISIX3 ay s -- oN IT] a,atl ,1N00e3 :�� 14X3 °. '. I ; , „�I s j/f .I. 1 • I min =111. : e l WILLIAM R. ENGELHARDT ASSOCIATES, INC. fcna[.,ling rege ses 1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 55318 16121 448-8838 August 18 , 1992 Mr . David Hutton, P.E. Public Works Director City of Shakopee 129 East First Avenue Shakopee, MN. 55379-1376 RE: Existing Lift Station Secretariat Drive and County Road No. 83 Dear Mr . Hutton: The lift station and forcemain near the intersection of Secretariat Drive and County Road 83 was constructed in 1986 according to city standards and specifications , and as such , could function as a permanent lift station. The lift station was designed to service an area of 50 acres . The service area is outlined in yellow on the attached drawing. If you have any questions please contact us . Sincerely , WILLIAM R. ENGELHARDT ASSOCIATES, INC. Dennis W. Saari DWS/ las encl . xc: Jon Albinson WILLIAM R. ENGELHARDT ASSOCIATES, INC. km..//:.,9 (Fnq:.,erI 1550 SKYVIEW DRIVE CHASKA, MINNESOTA 55318 1612)448-6482 November 18 ,1985 CANTERBURY BUSINESS PARK 2ND ADDITION LIFT STATION DESIGN: Service area: Total Area 65 Ac . 15 Ac. Ponding and Roadways Design Area 50 Ac. City of Shakopee Design Criteria: Design Flow = 5000 Gals . /Ac. /Day Zoning, I1 , 12 , B1 , B2 , Design Flow: 50 Ac. X 5000 Gals . /Ac. /Day = 250 ,000 Gals/Day 250 ,000 Gals . /Day - 1440 Min. /Day 174 Gpm TDH: Discharge Invert = 755 + - Bottom of Station 728 27 (Static Head) Invert into Station 735 '- 1200 L.F. 8" PVC at 0 .40% Upper invert 744 (Assumed) 7 Storage 728 Use 728 to Calculate Static Head (Pump Center line 1 . 5 Feet Higher) Buoyancy Calculation: Top of Station = 755. 55 Bottom of Sta. = 728 .00 27 . 55 Total Depth Volume of Wet Well ,Total Diameter plus wall thickness = 9 . 5 Feet V = ar2h = x(4. 75)2( 27 . 55) = 1952 . 80 Upward Force = 1952 . 8 X 62.4 lb/ft3 Assumed fully staturated condition Upward Force = 121 , 855 lbs . Downward: Station Weight = 3092 lbs . /ft X 27 . 55 = 85 , 184. 6 Cover , Type II 5 , 110 Base (assumed 2 ft. thick) see below 39 , 675 Total Downward 129 ,968 lbs . Base: 11 . 5 X 11 . 5 = 132. 25 Sq.ft. X 2 ft. = 264. 5 ft3 264. 5 X 150 lbs . /ft3 = 39 ,675 lbs . Total Upward 121 ,855 Buoyancy ok Total Downward 129,968 System Head Curve and Pump Selection: (1200 L.F. of Forcemain 6" DIP) GPM STATIC HEAD STA. LOSSES PIPE LOSSESS TDH TDH assumed c=140, c=100 140 100 50gpm 27 5 .48 . 72 32. 48 , 32. 72 100gpm 27 5 1 .56 2 . 52 33 . 56 ,34. 52 150gpm 27 5 3 4. 56 35 ,37 200gpm 27 5 4. 8 7 . 8 37 40 300gpm 27 5 9 . 48 15 42 47 400gpm 27 5 15.6 25.2 48 57 PUMP SELECTION: Flygt CP 3102 Impeller 436 H.P . 5 , 3 0 230/460 , 575 V , 1700 RPM See attached pump surve ' ^\ SECTION PAGE 5.0 HP - 1700 R.' 1 CP/CS-31 '2 3102 8F 3v: 200, 230/460, 575V SUPERSEDES ISSUED Wastewater Impeller 436 1/84 4.0 I L 4.0 a �_ _ 3.6 3.6 W K / y O 1- 3.2 - 3.2 ¢ x Z 2.8 I 2.8 0 24 2.4 m 6 C Cl.) O 21 rt r_ Goy 60 E g 4 c .- /00 Na 55Il >. OT-- V O m 50 � cc /Ho 11 N 45 ) 40 �isi 0. t W 35 W LL 0, W 25Z0I. - 2 d W U f-- 20 - 80 LL W 15 - 60 U 10 4 — 40 Q cc 0 5 - 20 >- I 2 O 0 0 100 200 300 400 500 600 1 FLOW GPM Sysrrn /Ye//n Cunc 2;lr Srnrn7 - ' r ✓Tft(x.✓/ R4'5 LicsS ?rote PERFORMANCE CURVES ARE BASED ON TESTS1` FLYGT CORPORATION WITH CLEAR WATER AT AMBIENT TEERATURE..'NFes-/ )29 GLOVER AVE.. NORWALR. Ct 06856[It RESOLUTION NO. 2474 A RESOLUTION APPROVING THE FINAL PLAT OF CANTERBURY PARK 2ND ADDITION WHEREAS , The Planning Commission of the City of Shakopee did approve the Final Plat of Canterbury Park 2nd Addition on November 7 , 1985 and has recommended its adoption; and WHEREAS , all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS , the City Council has been fully advised in all things . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Final Plat of Canterbury Park 2nd Addition, described as follows : That part of the Northwest Quarter of Section 9 , Township 115 , Range 22, Scott County, Minnesota, excepting therefrom the South 400 feet of the West 100 feet of the South Half of the Northwest Quarter lying South, southwesterly and southeasterly of Line A, described below; and that part of the East Half of the Northeast Quarter of Section 8 , Township 115, Range 22, Scott County, Minnesota, lying northerly of the centerline of County Road No. 16 ; lying South, southwesterlyand southeasterly of Line A, described below: Line A: Commencing at the southeast corner of said Northwest Quarter of Section 9 ; thence on an assumed bearing of North 1 degree 10 minutes 22 seconds West along the East line of said • Northwest Quarter a distance of 730. 00 feet to the point of beginning of the line to be described; thence South 88 degrees 49 minutes 38 seconds West a distance of 2572.89 feet; thence alonga tangential curve concave to the North, having a radius of 1321.00 feet, a central angle of 64 degrees 32 minutes 00 seconds , an arc length of 1487 .87 feet; thence South 63 degrees 21 minutes 38 seconds West (not tangent to said curve) a distance of 200 feet more or less to the West line of said East Half of the Northeast Quarter of said Section 8 and there terminating. be, and the same hereby is approved and adopted with the require- ments that : 1 . Name of the plat be changed to Canterbury Park 2nd Addition. 2 . Approval of Title Opinion by the City Attorney. 3. Submittal of a trafEic study which indicates that the Twelfth Avenue intersection with Co . Rd. 83 is acceptable. The name of the street within the plat shall be changed from 12th Avenue to another suitable name . 4. Approved highway entrance and utility construction permits to be issued by the County Engineer. 5 . Dedication of twenty foot drainage and utility easements around the perimeter of the outlots . Outlot B shall be increased to a 60 foot width. 6. Detcaination by the City Council on what party will be responsible for the operation and maintenance of the lift station. 7. Execution of a Recordable Agreement which permits storm water run-off from the racetrack site to flow south, across the plat, into the drainage outlet . 8. All buildings shall be constructed at two feet above the flood level. 9. Execution of a Developer' s Agreement for the construction of the required improvements: a. Tram/Pedestrian Walkways - construction of a walk- way on each lot which connects the lot with adjacent lots and or Canterbury Downs . b. Water System and Electric to be installed in accordance with the requirements or the SPUC Utilities Manager. c. SanitarySewer and Storm Water System - to be in- stalled in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. d. Outlots - no building permits shall be issued for Outlots A, B and C until they are replatted. e. Assessments - the developer shall agree to the City Engineer' s method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appealing the apportionment. f. Park Dedication - in lieu of land, cash payment to be paid at time of building permit issuance. 10. Should the lift station remain private, execution of a recordable agreement, binding to each lot, that states that the owners are responsible for operation and mainten- ance of the lift station. 11. The City Engineer must receive and approve final plans and specifications for all public facilities including, but not limited to, roads, sanitary sewer system, storm sewer and grading. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved Plat and Developer' s Agreement. Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of 1955 . Mayor or the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 198D. City Attorney DECLARATION OF PROTECTIVE COVENANTS This Declaration is made this 25th day of March, 1986 by Valley Industrial Development Company II (hereinafter "VIDCO II") . WITNESSETH: WHEREAS VIDCO II is the owner of record of Lots 1 and 2, Block 2, and Lots 1 and 2, Block 1 , Canterbury Park Second Addition, Scott County, Minnesota; WHEREAS when the City of Shakopee approved the plat of Canterbury Park Second Addition, it did so on the condition that VIDCO- II file a recordable agreement, binding to each lot, that VIDCO II will be responsible for the operation and maintenance of the sanitary sewer lift station located on Lot 2, Block 2, Canterbury Park Second Addition; NOW THEREFORE VIDCO II declares as follows: 1 . VIDCO II shall build, own, operate and maintain the sanitary sewer lift station located on Lot 2 , Block 2, Canterbury Park Second Addition, which lift station will accept the sewer discharge from Lots 1 and 2, Block 1 , Lots 1 and 2, Block 2, Canterbury Park Second Addition, until such time as the City of Shakopee agrees to assume ownership, operation and maintenance of said lift station, which shall be evidenced by filing a resolution of the City Council of the City of Shakopee to that effect, in the chain of title to Lots 1 and 2, Block 1 and Lots 1 and 2, Block 2, Canterbury Park 2nd Addition. 2. The present and future owners of Lots 1 and 2, Block 1 and Lots 1 and 2, Block 2, Canterbury Park 2nd Addition agree for themselves, their heirs, successors and assigns, to the filing of this Declaration in the chain of title to said lots. IN WITNESS WHEREOF, the party hereto has executed this Declaration on the above date. VALLEY INDUSTRIAL DEVELOPMENT CO. II By $e/�p tt�land I , a gen��egja�1 partner By �""" a , ( 0,12e /Xn--` Bruce D. Malkerson Executive Vice President State of Minnesota ) s. s. County of Dakota ) �aiaeE -pw:zs� :CI :: The foreg ing Declaration of Protective Covenants was acknowledged by Bruce D. Malkerson, Executive Vice President of Scottland Inc. , a Minnesota corporation, on behalf of the corporation. Notary Public ,��'^, EDA L. LANCASTER State Deed Tax: Non Exempt V-�� 4 1�',t. • +�*A ' DAKOTA COUNTY •- My Comps on Mors July 14.19$ This Instrument was drafted by: Scottland Inc. 5244 Valley Industrial Blvd. So. Shakopee, MN 55379 4'11 II 1 4Pliir I u4, / •t)/ i as / ! z nit. f --1 —s F I; )11 1111 : 4 ` a/ s I ° IP ••• ' 1d ) i ° _aZ R , Y �; A i 'I 9 t� 1$ s ;Ig 'Illi '! 4 � � lI �pli ' II I;';I 1 1u1r . y li� , ml = t ° fj .n r I1' x o i . 8.i. a I; , 11 i �9 hI1 Ai., r 1 1 i i ' i 111 o 3 41 I ip \� i a 41 l ay o- :+ b iau xs COUNTY ROAD MO 83 RESOLUTION NO. 3655 A Resolution Accepting Bids On 12th Avenue Sewer And Watermain Improvements Located Between County Road 83 And Valley Park Drive Project No. 1992-4 WHEREAS, pursuant to an advertisement for bids for the 12th Avenue Sewer and Watermain Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Total Bid Total Bid Bidders Name Parts A & B Part A Only Progressive Contractors $ 970,774.00 $ 782,341.75 S.M. Hentges & Sons $1,054,033.00 $ 863,443.00 Latour Construction $1,120,341.30 $ 913,994.80 Brown & Cris $1,128,462.00 $ 911,246.00 Barbarossa & Sons $1,178,917.50 $ 976,520.00 S.J. Louis Construction $1,229,672.00 $1,021,262.00 Richard Knutson $1,275,457.00 $1,012,217.00 Arcon Construction $1,317,320.35 $1,061,370. 10 G.L. Contracting $1,373,423.15 $1,110,187.05 Northdale Construction $1,408,258.50 $1,124,077.00 Lametti & Sons $1,544,754.00 $1,261,174.00 AND WHEREAS, it appears that Progressive Contractors, Inc. , 8736 Zachary Lane, Osseo, MN 55369 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY TEE CITY COUNCIL OF THE CITY OF SHAEOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Progressive Contractors, Inc. ,in the name of the City of Shakopee for the improvement of 12th Avenue by addition of sanitary sewer and watermain according to the plans and specifications therefore 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 , 19 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 0.37<o/a4 ii :41 FAS 612 445 9372 `.:ALLEY CRUX vvv CITY }RLL iol 002 • Vallcy cJrce BUSINESS PARK August 28, 1992 Mr. Dave Hutton . VIA FACSIMILE CITY OF SHAKOPEE 129 East First Avenue Shakopee, MN 55379 Re: 12th Avenue Project - No, 1992-4 Dear Dave: We have reviewed and discussed all the information pertinent on the above- referenced project and request that Council proceed to let the PCI bid for Part A of the project only. I plan to be at the September 1 Council meeting. If there are additional issues that Council wishes to discuss at that time, I will be prepared to respond. Thank you for your assistance in this matter. Respectfully, VT GREEN BUSINESS PARK 7 on R. Aibinson Project Director JRA:jrno -90.1 9276 /alley Industrial Boulevard Scutt • Shakopee Nlir.roseta 35379• Telecnone (6,2) a4=_7, 8E: _s T..le: W12)445-9379 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Council Chambers Audio/Visual System Design and Specifications DATE: August 27, 1992 INTRODUCTION: This past May the Shakopee Cable Commission and Public Access Corporation presented a recommendation to City Council for a new audio/video system in the new City Hall. The total cost of the proposal submitted for consideration equated to $49, 173 .00. The most recent City Hall renovation budget includes $48,000. 00 for a Council audio/video system. The Cable Commission has offered their technical assistance to design the audio/video system for the new Council Chambers. While the Cable Commission has knowledge of the equipment desired and design issues, they do not have the capacity or time to develop necessary bid documents for equipment acquisition and installation. Therefore, the Cable Commission will likely be recommending to City Council that the appropriate City officials be authorized to enter into an agreement with a firm that specializes in system design. BACKGROUND: The Cable Commission will be meeting on Monday, August 31, 1992 . Therefore, at the time that this memo was drafted, I do not have a clear indication as to what firm they will be recommending to City Council for consideration. Staff has received several proposals from firms that specialize in audio/video system design and bid specification development. The Cable Commission will be reviewing these proposals on August 31, 1992. On September 1, 1992, I will be prepared to present their formal recommendation to City Council for consideration. Preliminary price quotations for design services range between $2,500.00 and $5, 000.00. The Cable Commission will also be recommending a funding source for the sard consultant services. Funding sources being discussed include the capital improvement fund and/or amending the 1992 Cable Administration Budget - Cable Program. Consistent with the information presented to City Council earlier this year, the amount of dollars budgeted within the Cable program is approximately $12 ,000. 00 less than projected franchise fees. Therefore, there is approximately a $12, 000. 00 difference between what was actually budgeted for in terms of cable expenditures as compared to projected franchise fees. If the Cable Commission recommends that the Administration Division - Cable Program Budget be amended, I will have the necessary budget resolution amendment prepared for Council action on September 1, 1992 . It would be premature for me to make any formal recommendation to City Council at this time since the Cable Commission has not met to address the issues presented herein. This item is being placed on the agenda for September 1st so that we can get the design consultant and bid specifications completed in a timely manner. If Council agrees to hire a consultant for the system design we are optimistic that the bid specifications can be complete by September 15, 1992. On September 15, 1992 we would than be requesting City Council authorization to solicit bids for the necessary equipment and/or installation. Our ultimate objective is to have the equipment provider and installer on board in early October. It is crucial to have the installer on board so that the studio equipment can be installed in conjunction with the construction of the City Council Chambers. ACTION REQUESTED: Further information will be presented on September 1, 1992. Staff will be looking for Council approval to hire a design consultant for the Council Chambers audio/video system and also a proposed funding source for the design services. BAS/tiv TAMI\ADMIN\AUDIO/VIDEO MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Council Chambers Audio/Visual System Design and Budget Amendment - Resolution No. 3660 DATE: September 1, 1992 INTRODUCTION: On Monday, August 31, 1992 the Shakopee Cable Communications Advisory Commission and the Public Access Corporation met to discuss the need for a consultant to complete the design plans and specifications for the Council Chambers Audio/Video System. The Cable Commission is prepared to make a recommendation regarding consultant selection and funding for the design consultant. BACKGROUND: Staff received six cost quotations for the development of system design and bid specifications for the new Council Chambers. Shown in attachment #1 is a summary of the cost quotations received. The low quote received was submitted by Southwest Audio Visual. Southwest Audio Visual is a local firm owned and operated by Mr. Bill Lepley. The Cable Commission is recommending that Southwest Audio Visual be selected as the firm to complete the system design and equipment specifications. Southwest Audio Visual submitted the lowest price for the services requested. Mr. Lepley is also well versed in our needs and the status of our existing equipment. To fund the consultant services proposed, the Cable Commission is recommending that the 1992 Administration Budget - Cable Program be amended. The amount of dollars budgeted within the Cable Program is approximately $12 ,000 less than projected franchise fees. Therefore, a difference of approximately $12 ,000 exists between what was budgeted and what will actually be available in 1992 . The Cable Commission is recommending that the Administration Budget be amended increasing franchise fee revenues by $12, 000 and the Professional Services line item of the Administration Division Cable Budget by a corresponding amount. The Commission is proposing that $2 ,000 of this amount be allocated for system design consultant's costs with the remaining $10,000 allocated for Public Access Corporation use. The Access Corporation will also agree to accept responsibility for maintaining and replacing all audio/video equipment associated with the City Council Chambers if the City agrees to utilize 90% of future franchise fees for Public Access Corporation use. The Cable Commission and Access Corporation are in agreement that much of the equipment within the current public access studio is in need of repair and/or replacement. Consistent with their 1991 position, they are requesting that the majority of the franchise fees collected be allocated for equipment upgrade. The currently proposed 1993 Administration Budget - Cable Program basically consistent with the proposal being offered by the Cable Commission and Access Corporation in regard to the allocation of future franchise fees. The Cable Commission believes that their knowledge and expertise regarding audio/visual equipment will be beneficial to the City in insuring that the operation of the Council Chambers audio/visual system is conducted in a cost effective manner. In the event that the City Council concurs with the recommendation being offered by the Access Corporation and Cable Commission, the Access Corporation has also offered to insure that the Council Chambers audio/video system is staffed for all City Council and Planning Commission meetings. The cost for staffing the Council audio/visual system will be borne by the Public Access Corporation. Staff believes that the proposal offered by the Cable Commission and Access Corporation is consistent with Federal Regulations regarding the use of franchise fees. Staff also feels that the Access Corporation and Cable Commission could best administer the staffing for the Council Chambers audio/visual system. Additionally, the expertise and technical ability of the Access Corporation and Cable Commission members will certainly help insure that the Council Chambers audio/visual system is maintained in a effective operating condition. The fact that the Access Corporation has also offered to be responsible for the replacement of Council Audio/Video Chambers equipment in the future is also attractive. I do not believe that a separate agreement between the Access Corporation and City Council is necessary to facilitate the proposal for operating and maintaining the Council audio/video system as put forth by the Cable Commission and Public Access Corporation. In the event that the Access Corporation neglects to comply with their service offer, the Council could at any time retain franchise fee contributions to operate and maintain the Council audio/video system. Staff is seeking direction from City Council on the following two areas: 1. Authorization to hire a consultant to complete the Council Chamber audio/video system design and bid specifications. 2 . Identification of a funding source to cover the cost of the system design consultant. Attached is Resolution No. 3660 which would effectuate an amendment to the 1992 budget increasing franchise fee revenue by $12, 000.00 and the Professional Service line item with the Administration Division. ALTERNATIVES: System Design 1. Select Southwest Audio Visual as the firm to complete the Council Chambers audio/video system design and bid specifications. 2 . Select some other vendor to complete the Council audio/video system design and bid specifications. 3. Table action pending further information from staff. Funding Source 1. Move to approve Resolution No. 3660, A Resolution Amending Resolution No. 3496 Adopting the 1992 Budget increasing Professional Services within the Administration Division - Cable Program by $12,000 and increasing Franchise Fee Revenues by a corresponding amount. 2. Approve Resolution No. 3660, Amending Resolution No. 3496 Adopting the 1992 Budget increasing the Administration Division - Cable Program Professional Services line item by $2, 000 and increasing Franchise Fee Revenues by a corresponding amount. 3 . Utilize the Capital Improvement Fund to off-set the costs associated with the hiring of a consultant to complete the design and specifications for the Council Chambers audio/video system. 4. Table action pending further information from staff. STAFF RECOMMENDATION: System Design Staff recommends alternative #1. Funding Source Staff recommends alternative #1. ACTION REOUESTED: System Design Move to authorize the appropriate City officials to enter into an agreement with Southwest Audio Visual to complete the Council Chambers audio/video system design and bid specifications. Funding Source Offer Resolution No. 3660, A Resolution Amending Resolution No. 3496 Adopting the 1992 Budget increasing Professional Services within the Administration Division - Cable Program by $12, 000 and increasing Franchise Fee Revenues by a corresponding amount. Attachment #1 COUNCIL CHAMBERS AUDIO/VIDEO SYSTEM DESIGN QUOTATIONS 1. Southwest Audio Visual - $1,950 2 . Blumberg Communications Inc. - $3,950 3. Electronic Interiors - $17,000 4. Sound - Tech, Inc. - $3, 950 5. Alpha Video - $2, 500 6. Jameison and Associates - $5, 500 RESOLUTION NO. 3660 A RESOLUTION AMENDING RESOLUTION NO. 3496 ADOPTING THE 1992 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year; and WHEREAS, changing conditions and circumstances warrant amending the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the accounts are changed as follows: FUND DIVISION ACCOUNT AMIMIT General Administration Professional Services $12,c00 General Franchise Fee Revenues $12,ODD Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of September, 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney nniTSE \IT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Tahpah Park Concession Stand Improvement Project DATE: August 27, 1992 INTRODUCTION: This past July the City Council authorized hiring an architect to complete the design plans and specifications for the Tahpah Park Concession Stand Improvement Project. It would be appropriate at this time to authorize the appropriate City officials to solicit bids for said project. BACKGROUND: Shown in Attachment #1 is a schematic of the existing Tahpah Park Concession Stand. Shown in Attachment #2 is a copy of the proposed building remodeling and addition. The primary aspects of the new plan call for the expansion of the Men's and Women's restrooms so that they can be brought into compliance with the American with Disabilities Act. The concession area is also being remodeled to provide more space for serving. One additional covered wing is also being added to the easterly side of the building for additional covered seating space. Finally, a storage area is being added to the south side of the building that will provide for a permanent structure around the sprinkling system pumps. The storage room will also be utilized for storing athletic equipment such as pitching machines and ground maintenance materials and supplies. The Architect believes that the bids will come in under the amount that was approved for this project. ($60,000. 00) Funding for the project will be allocated from the Park Reserve Fund with reimbursement from the Shakopee Jaycees. The reimbursement agreement with the Jaycees calls for annual payments from the Shakopee Jaycees in the amount of $10, 000. 00 per year over the next three (3) years with the remaining balance to be paid on or before June 1, 1996. It would be appropriate at this time to authorize the appropriate City officials to solicit bids for the Tahpah Park concession Stand Improvement Project. Staff is optimistic that the project will be completed yet this fall. ALTERNATIVES: 1. Authorize the appropriate City officials to solicit bids for the Tahpah Park Concession Stand Improvement Project. 2. Do not solicit bids for the Tahpah Park Concession Stand Improvement Project. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move to authorize the appropriate City officials to solicit bids for the Tahpah Park Concession Stand Improvement Project. BAS/t lv TAMI\ADMIN\TAHPAH Agneh meiul' #( "e CU +r Q I I I C D JL' C I n o \ . , Li 1 Ly_ J. _ - --ii, ° \ I { Z _ Iii _ --L W A 4,,,eNf sz 1-1 H f 1 1 1 1 1 1 _� 1 1 1 1 len / II / I I REMODEL = ADDITION a a • i ilir tahpah park N 1 0* QO \�i 1 :- - - - - - = -1 1 .11 o • z • 1 4. � • _ _ 1 i -- -- - - -- - - -- - - J • � I s I ' I I I 1 I _ J -' 14 V d�� _ ifif -I = y C S: oz it S .. III . . rsm 0 ffi —( c j ' 1' 1 jbl% . ie 1 0 � 3F CONSENT There are no anticipated "budget versus actual expenditure" problems within division totals apparent at this point (7/30/92) . / N NN v� v N N ��vN �� 0 'v" mm " W m a Wmm 00 m m .. m N m O1O1 mm m N O 2. aaaa o 00 0 o m Law VV ti m m s P V w A 0 1-1 Z < O < O O T m m mm oo mm m m m mmmm m mm y 0 \NN m NW a N N NN MN N NI N m a m mmmm 0)m X \• \ \ 0 m \ WWWWW NNN 0 Wm 9 N MW WO NiN N N N N m N vv vv m a 2 0 C z �sy -4 00 NN by -Tm oo Nr OM bVP1r o mm NO WW mON 00 PP WWWM.4 m0 MM 001-.1-.04Nr WW Ny 0)m 0) WVW 00 .Q--40yy 00 uW0 w O 0 00 00 A 0 a aaaa a NN z �m 00 n 22a2 r 00 r 99 < ti 0000 r 00 CC a 000z ZZ AL w 0 a rr < ▪ 0 rr 2 AAMM m 2 <G a o T AA 00 O N -49999 0 RIM 0 TT 0 A a a Zr _ _ F 2 mmml 1 00 A 0 z TT A y WM r A m T 00 8 a 0000 0 0000 99 s Z C 9 <y 0 ow A O -40 0 0 y 0 9 y ti m A T A y 9000 2 C9 -4-i-4-iO T mm OO C 0 T MCCC 0 �m ti C▪ y TT r-triCC T T zom9 m rO Z 9 N 99 99 0 22 0 Z pipipi r „y 0 S 22a TX 00 3 T 9 000 TA y w< 0 2 ZZ a C < ti -1 m ti 0 a O 0 00 00 0 0 0 0000 0 00 > MI ▪ it 0 N a aa aa a W W NN N P P PPPP N W W C N WNNN W W N .- z Q A. y 0000 00 H NN F nnab - P mm 0 Wm • PP P tilt -- m v.- 0)y N '- r- �-PNr a mm a o 0000) m N 0) y PPPPmmmee J a Om JVVV 9 O 0 O a N 3 m 9 y a y 0 a m m o n 0 7. 0 7 7 0 N 0 Si X s s s y f/ ,.. 0 0 0 0 0 0 0 • 41 fJ N N N NM N N N IV a- i CO° Ca 0 33 CO bm CO CO to 0 CO CO CO N 2 y NN r 2 CO • P y co • owl co a m NCO CO as a m CO S O 2 -. 0 0 0 0 Om 0 0 00 0 0 0 0 0 D A CO N N 2 NN N 2 N \ T S m aims 0) m N Ni as crs a 'o m v m mm e m e or Co o N CO N N NN N N N N N m s 0 O NN C r0301.0 C O CO CJO) co to y 03 CO NN mro yiS 0y0 Arm PO.Ul N NN AP OO 00 22 NON 0o qm AA 00 00 00 Na OaW CO co 00 3 r -1 CO G4 m Cm O Oo n mi i Nam 0 A aC CO 3 A C -r 220 0 T m a n A S mar A y y 0 m T S 00 m ; 3-1--1 < C 0 O - a Q$ > i2 2 y m 0 O m w w 0 00 ~ m 0 0 0 O _ 0» _ 0 2 D TT O a 0 yIX y LIN m S 2 0 O 2 as 0 00 N T 0 wriy ti InA 22 9 p p m y y ,y O C 0 0 D CC 0 D C 2 0 -4 m vv m r m -o ; so X- n n m m OIn _ D 2 2 p D7 P 0 y m yy yy y Z A C C y co as 2 N 2 ti y VI y ao0 2 o 0 0 0 0 00 0 0 0 00 A _ .. 0 a CO Am a PN as to" a a a a o N 0 0 0 MN 0 0 0 y Y AA a y ca AN y p 0 _ N as ~ co as a co . 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N 9 If O cF H C 9 H CO P' U) 0 H H H Il H N '1 H 3 GR N mb P. H Y r H H a O H o C C Co NO N N y ry 1-1'90 w o) W W VI H O\N N 'O NI N W 0 CD ON 0 CON 0 vii C O H HW CO 9-1 0 H N Uco n o) vii Nit N ma N O O W O) N o) C H W ON W w H O —1 H 0 0 —1 0 0 —4 C W CO ON ON ON 01 C 0 0 0 W 0 0 0 0 dIV Ct N 7' n m o HI - H 0) Fo 'SJ 4 'A '-U '.i1 a SI 'x1 'f1 CD '31 'A CD UM .p c H H G 9 N co N co N N co co N co co M C co N O m H o 3 3 3 µ 3 3 ✓ 3 3 3 3 F m 3 3 H H N M G M M Y' F" H. P. Y' Y' Y' H. P. n H O VI CO co PI Y O (n rF ci [f ct ci a+ c+ a c+ [f c+ O ct �1 t0 � -1 Co m N b U CO 3M '] O S W CO 'J ) UJ O�0 w —1 H (F H [l co H N H HI N O L1 1 H CF CO 2) w K w W O�n < 3 < W M H fl 0 H D W :U H O C I—• m m w a CO a n H a a s U m n0 w N -r G ['F H n CO [F PG m m �' -�1 1 O H Q W H S 0 CD 0 H H H 0 co 1-4 H W CO B > > 'C1 X 'A coco W co W W Co Co W Cu co W W W w W W W W 0 H 10 COO) CO CO CD N Co Co Co Co O] CO CO CD CO CO CO Co CD F v1 C'0\ O` O\ O\ O` Ol C' O\O\O' C' O\ O\ Ol O\ O\ O\ Ol N NO —1 —1 N —1 ON ON ON ON ON 01 ON ON ON ON ON ON Nn 01 N N H 0 '0 CO - 1 C\ Vi V1 w C co N H 0 1/40 co N 0 o - P 00 0O taiEEI t l 0 0 '00 a+1 m DdMM O W G = Z N in O 3 O z 10 3 H 0 W 3 H 7 a in co 3 < 9 U) B .o 9 0 9 3 0 O OU Oa a. D• 9 Ro p M 2' p m M W Ill '1 H P' W F \ 'A F 0 O1 o < H m m WH < U) < O fin "cfr N CO'Y S CO hJ D En 0' y G ID CO WS G F G W m Co in ro0 co m 0 co Co H m H a m a m H C) F Oft r r H H r O C C O N N W co W co Ui H H NO %n N W O\ CO NO w w '0 O H H C H )0 N w —1 10 H ' w 0 ON v1 C 0 H W 0 ON H H v1 W to N OCO Cw W W M C' 0\ 0 0 0 W C 0 0 0 CONSENT 13 MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk ii RE: Application for 3 .2 Beer License/Shakopee Bowl DATE: August 28, 1992 INTRODUCTION AND BACKGROUND: The City has received an application from Kenneth D. Berg dba/Shakopee Bowl for an On Sale Non-intoxicating Malt Liquor License at 222 East 1st Avenue. The application from Mr. Berg is in order, at this time. Mr. Berg owes SPUC a deposit for service, which is due August 31st. If this deposit is not paid on Monday, the application will not be in order. The City Code provides that no license shall be granted for operation on any premises upon which taxes, assessments, or installments thereof, or other financial claims of the City are owed by the applicant and are delinquent and unpaid. Assuming that the deposit due SPUC will be paid on Monday, Council may act on the application at the September 1st meeting. Staff will advise Council, at the meeting, if the deposit has not been paid. RECOMMENDED ACTION: Approve the application and grant an On Sale Non-intoxicating Malt Liquor License to Kenneth D. Berg dba/Shakopee Bowl, 222 East 1st Avenue. MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Recreation Budget Amendment - Resolution No. 3658 DATE: August 28, 1992 INTRODUCTION: The Recreation Department has embarked on several programs this year that were inadvertently excluded from the 1992 budget from both a revenue and expenditure standpoint. It would be appropriate at this time to amend the 1992 budget accordingly to accurately reflect revenues and expenditures associated with these programs. BACKGROUND: This fall a Men' s and Women's Adult Softball Association Fall League was started. There are a total of sixteen (16) teams participating in the league. The teams participating in the fall league paid an activity fee of $250. 00 per team. This fee includes all costs including umpires, supplies and program administration. Staff would like to request a budget amendment to the Adult Softball Revenue Account in the amount of $4 , 000. 00 (16 Teams x $250. 00) and also an amendment to the professional services line item for umpire fees in the amount of $2500. 00. There are adequate funds within the 1992 budget to offset staff time allocated for this program and supply costs. Therefore, no amendment is necessary for these two program accounts. This past year at the request of the Youth Baseball/Softball Association, the Park and Recreation Department purchased supplies (pitching machine and balls) for their programs. The Association reimbursed the City for the full amount of these supplies. It would be appropriate at this time to amend the budget accordingly to show an increase in expenditures in the amount of $1,050. 00 to reflect this expenditure. No budget amendment to reflect an increase in revenues will be necessary since staff did budget the contribution from the Youth Baseball/Softball Association but neglected to budget the expenditure. Attached in Resolution No. 3658, A Resolution Amending Resolution No. 3496 Adopting the 1992 Budget. The proposed resolution would effectuate the aforementioned amendments. ALTERNATIVES: 1. Offer Resolution No. 3658, A Resolution Amending Resolution No. 3496 Adopting the 1992 Budget, to reflect expenditures associated with the Fall Softball Program and materials for the Youth Baseball/Softball Association and revenues associated with the Fall Softball Program. 2 . Do not approve Resolution No. 3658. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REOUESTED: Offer Resolution No. 3658, A Resolution Amending Resolution No. 3496 Adopting the 1992 Budget, and move its adoption. BAS/tiv TAMI\ADMIN\P&RMEMO RESOLUTION NO. 3658 A RESOLUTION AMENDING RESOLUTION NO. 3496 ADOPTING THE 1992 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year; and WHEREAS, changing conditions and circumstances warrant amending the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the counts are changed as follows: FUND DIVISION ACCOUNT AMOUNT General Recreation Professional Services $2 ,500. 00 General Recreation Materials $1,050.00 General Adult Softball Revenues $4, 000.00 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of ,1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Nomination to Park & Recreation Advisory Board DATE: August 28, 1992 INTRODUCTION AND BACKGROUND: The City has received an application from Mr. John Tieben, Sr. for the Park & Recreation Advisory Board. The City has an opening on the Park & Recreation Advisory Board due to the recent resignation of Ron Larson. The opening was advertised in the Shakopee Valley News, it was mentioned in the Business Update from City Hall, which appears in the Chamber Newsletter, and it was mentioned in the Leisure Ledger column of the Shakopee Valley News. Todate we have received one application. If a nomination to the position is made at the September 1st meeting and the appointment is made at the September 15th meeting, Mr. Tieben would be able to take office at the next Park and Recreation Advisory Board meeting on September 28th. If additional applications are received between now and September 15th, Council could make additional nominations at the September 15th Council meeting. RECOMMENDED ACTION: Move to nominate Mr. John Tieben, Sr. to the Park & Recreation Advisory Board. APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7:30 p.m. Community Development Commission 3rd Wednesday at 5:00 p.m. Energy & Transportation Committee 3rd Wednesday at 7:00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7:45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7: 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities 1st Monday at 4: 30 p.m. Commission ParkPark & Recreation Advisory Boardj 4th Monday at 7: 00 p.m. Police Civil Service Commission As Needed Community Youth Building 2nd Saturday of the month Committee at 9:00 a.m. Board of Review 7:00 p.m. 2 to 3 Tuesdays in May Name: do Nle /(" / LiQ/ /'P) Address: Zoo I Jb , uLtt e Phone: (H) Li5h - i.f.2i (B) How long have you been a resident of Shakopee? `b /in/ Occupation: fill OP Does your work require you to travel? (check one) A great deal _ Periodically Very little X Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use separate sheet if necessary) ei t1aeA / G w )orePe- O C Board or Commission in which you are interested? PACK A/✓P A-11/4 0-1 4Oth Po A fa Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: / HAvi Jot-1J ,4 J9 ceh SofrJJ' it 7110 SQ 6T RAL L Pio CPA P7 Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes_ No X . If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address and Phone) : 1. RaI hAMAR `� 9� - 1777 2. f uo YLetit 4 41- 1710 3 . d1c k iQicXoN 44� 3l�/ I hereby certify that the facts within the foregoing application are tru and correct to the best//r of my knowledge. •/ gn 'w .ate Signature RETURN APPLICATION AND PLEDGE TO: 61)- an--) 5 42 Date City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 445-3650 En DATE RECEIVED: ,2 S 1175,7/ 11_ 0 AUG 2 81992 CITY OF SHAKOPEE.-_ CITY OF SHAKOPEE BOARDS AND COMMISSIONS VOLUNTEER PARTICIPATION PLEDGE 1) I agree to attend an annual Board/Commission evening orientation held in January once during my first two years on the Board/Commission. YES A NO 2 . I agree to read the agenda material provided prior to the Board/Commission meetings so that I am prepared to participate in discussion. YES A NO 3 . I agree to read and use the attached "How To Aid Discussion By Asking The Right Questions" to enhance my performance as an active Board/Commission member. YES )( NO 4. I agree to offer discussion on the pros and cons of the policy/issue being discussed and agree to refrain from personal criticism directed toward citizens, applicants, fellow Board/Commission members and staff. YES / NO 5. I acknowledge the City's requirements regarding attendance (Outlined in Section B, Subparagraph I) and understand that I can be removed from a Board/Commission because of poor attendance. YES A NO 6. I agree to call City Hall to notify the appropriate staff person when I cannot attend a regularly scheduled meeting. YES !` NO 7. I agree to refrain from voting on issues where I have a conflict of interest. YES NO A Applicant Date "Or1SENT lib TO: Mayor and Council FROM: Dennis R. Kraft, City Administrator Gregg Voxland, Finance Director RE: 1993 HRA Tax Levy Consent Resolution No. 3654 DATE: August 24, 1992 Introduction Attached is Resolution Number 3654 which consents to the HRA tax levy. Background State law provides that the city must consent to the levy of a tax by the HRA. Accordingly, the attached resolution is provided for Council action. Action Offer Resolution Number 3654, A Resolution Consenting To The Levy Of A Special Tax By The Housing And Redevelopment Authority In And For The City Of Shakopee, and move its adoption. RESOLUTION NO. 3654 A RESOLUTION CONSENTING TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 et. seq. , as amended, and WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority as taxing districts for the purpose of levying and collecting a special benefit tax, and WHEREAS, Section 462.545 states the governing body of the municipality must give its consent to such a tax levy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Council consents to and joins in a special tax levy of _ _ $31,930 by the Housing and Redevelopment Authority in and for the City of Shakopee for taxes payable in 1993. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1992. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney iyc MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director _1` SUBJECT: Mn/DOT Agreement No. 67798 (9,/1C',41Y�` Shakopee Bypass DATE: August 27, 1992 INTRODUCTION 8 BACKGROUND: On July 7, 1992 the City Council of Shakopee discussed Mn/DOT Cooperative Agreement No. 67798, regarding the acquisition of easements for the drainageway associated with the Shakopee Bypass. At the conclusion of the discussion, the Council moved to authorize the execution of this agreement. The signed agreement has been sent to Mn/DOT and they have now informed staff that a resolution authorizing the signing of the agreement is also needed. Attached is Resolution No. 3657 accomplishing this purpose. ACTION REQUESTED: Offer Resolution No. 3657, A Resolution Authorizing the Execution of Mn/DOT Cooperative Agreement No. 67798 Regarding Right-of-Way Acquisition Costs Associated with Drainage Facilities for the Shakopee Bypass and move its adoption. DH/pmp MEM3657 RESOLUTION NO. 3657 A Resolution Authorizing The Execution Of Mn/DOT Cooperative Agreement No. 67798 Regarding Right-of-Way Acquisition Costs Associated With Drainage Facilities For The Shakopee Bypass WHEREAS, the City of Shakopee has executed a Memorandum of Understanding with Mn/DOT regarding the design, acquisition and construction of drainage facilities associated with the Shakopee Bypass, and WHEREAS, this Memorandum of Understanding indicates that Mn/DOT will purchase all easements or right-of-way for drainage purposes and the City agrees to reimburse Mn/DOT for acquisition costs because the Upper Valley Drainageway will be a City owned and maintained facility, and WHEREAS, Cooperative Agreement No. 67798 confirms that understanding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAEOPEE, MINNESOTA: _. Hereby authorizes the execution of Mn/DOT Cooperative Agreement No. 67798. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSEi -e MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Apgar Street, Project No. 1992-6 DATE: August 27, 1992 INTRODUCTION: Attached is Resolution No. 3656 accepting bids and awarding the contract for the Apgar Street, Project No. 1992-6. BACKGROUND: On July 28, 1992 the City Council of Shakopee ordered advertisement for bids for the Apgar Street Project. This project consists of the following: • Complete reconstruction of Apgar Street between 6th Avenue and 1st Avenue, including any utility replacement • Upgrading the existing gravel streets, 2nd Avenue, Apgar to Pierce; and Pierce Street, 2nd to 3rd, by adding pavement, curb & gutter, and any necessary storm sewers. • Complete reconstruction of 2nd Avenue between Atwood Street and Apgar Street. On August 27, 1992 at 10:00 A.M. bids were received and publicly opened for this project. A total of 3 bids were received and are summarized in the attached resolution. The low bid was submitted by Hardrives, Inc. of Plymouth, MN for a total bid of $350,530.40. The Engineering Department has reviewed all bids for completeness and also the qualifications of Hardrives, Inc. , the low bidder, and have determined that they are able to perform the work as described by the plans and specifications. The Engineer's estimate for this project was approximately $320,487.00. Staff is also requesting that the City Council authorize a contingency amount equal to 10% of the contract for use by the City Engineer to cover any change orders or quantity adjustments that may occur on this project. A contingency amount of 10% of the bid is equal to $35,053.00. Attached is Resolution No. 3656 which accepts bids on this project and awards the contract. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 3656, awarding the contract to Hardrives, Inc. This project was originally bid on July 10, 1992, but because the Foothill Trail storm sewer was deleted, all bids were rejected and the project was rebid. The low bid submitted this time was almost identical to the lowest bid submitted the first time. 2. Reject the low bid and award the bid to the second low bidder or another bidder. 3. Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1, to accept the low bid and award the bid to Hardrives, Inc. for a total amount of $350,530.40. ACTION REQUESTED: 1. Offer Resolution No. 3656, A Resolution Accepting Bid on Apgar Street, 6th Avenue to 1st Avenue; 2nd Avenue, Between Atwood Street and Pierce Street; and Pierce Street, Between 2nd Avenue and 3rd Avenue, Project No. 1992-6 and move its adoption. 2. Approve of a contingency in the amount of 10% of the contract for use by the City Engineer in authorizing change orders on this project. DH/pmp MEM3656 RESOLUTION NO. 3656 A Resolution Accepting Bids On Apgar Street, 6th Avenue To 1st Avenue; 2nd Avenue, Between Atwood Street And Pierce Street; And Pierce Street, Between 2nd Avenue And 3rd Avenue Project No. 1992-6 WHEREAS, pursuant to an advertisement for bids for the Apgar Street Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Hardrives, Inc. $350,530.40 Ryan Contracting $375,733.00 G.L. Contracting $443,691.10 AND WHEREAS, it appears that Hardrives, Inc. , 9724 10th Avenue N. , Plymouth, MN 55441 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAEOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Hardrives, Inc. , in the name of the City of Shakopee for the improvement of Apgar Street, 6th Avenue to 1st Avenue; 2nd Avenue, between Atwood Street and Pierce Street; and Pierce Street, between 2nd Avenue and 3rd Avenue according to the plans and specifications therefore 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 , 19 , Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney , CONSENT iy,j MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolution No. 3659, Apportioning Special Assessments Against Lots Within Heritage Place 3rd Addition DATE: August 10, 1992 INTRODUCTION & BACKGROUND: The final plat of Heritage Place 3rd Addition has been filed with the Scott County Recorder. There are special assessments existing against the original parcels from which this plat originated. It is appropriate at this time to apportion the special assessments against the original parcel, Outlot A, Heritage Place 2nd Addition, against the newly created parcels within Heritage Place 3rd Addition. The apportionment of the special assessments as contained in the attached resolution have been agreed to by the Developer in the Subdivision Agreement for Heritage Place 3rd Addition. RECOMMENDED ACTION: Offer Resolution No. 3659, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of Heritage Place 3rd Addition, and moved its adoption. JSC/tiv RESOLUTION NO. 3659 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF HERITAGE PLACE 3RD ADDITION WHEREAS, on August 1, 1989, Resolution No. 3091 adopted by the City Council levied assessments against properties benefitted by construction of Vierling Drive from County Road 17 easterly for =/- 3200 feet, Project ¢1988-1; and WHEREAS, on February 6, 1990, Resolution No. 3169 adopted by the City Council apportioned the installments remaining unpaid against the parcels created because of the platting of Heritage Place 2nd Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against Outlot A, Heritage Place 2nd Addition because of the platting of Heritage Place 3rd Addition; and WHEREAS, the property owners have agreed to the apportionment through the execution of a Developer's Agreement for Heritage Place 3rd Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: 1. That the 1992 payable remaining balance of assessments to parcel 27-145050-0 is $50,243.39 for the 1988-1 Vierling Drive Improvement Project and are hereby apportioned as outlined in Exhibit "A", attached hereto and made a part hereof. 2 . That all other parts of Resolution No's. , 1891 and 3169 shall continue in effect. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this _ day of , 1992. Mayor of the City of Shakopee ATTEST: - - City Clerk Approved as to form. City Attorney EXHIBIT "A" TO RESOLUTION NO. 3659 Page 1 of 3 HERITAGE PLACE 3rd ADDTr/ONASSESSMENT REAPPORTIONMENT T PROPERTY LEGAL P.I.D. NO. OWNER DESCRIPTION 1988-1(66) 27-170027-0 LYMAN DEVELOPMENT CO. OUTLOT A $23,383.53 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170001-0 LYMAN DEVELOPMENT CO. LOT 1 ELK 1 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170002-0 LYMAN DEVELOPMENT CO. LOT 2 BLK 1 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170003-0 LYMAN DEVELOPMENT CO. LOT 3 BLK 1 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170004-0 LYMAN DEVELOPMENT CO. LOT 1 BLX 2 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170005-0 LYMAN DEVELOPMENT CO. LOT 2 BLK 2 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170006-0 LYMAN DEVELOPMENT CO. LOT 3 BLK 2 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170007-0 LYMAN DEVELOPMENT CO. LOT 4 ELK 2 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170008-0 LYMAN DEVELOPMENT CO. LOT 5 BLK 2 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170009-0 LYMAN DEVELOPMENT CO. LOT 6 ELK 2 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 Page 2 of 3 HERITAGE PLACE 3rd ADDITION ASSESSMENT REAPPORTIONMENT T PROPERTY LEGAL P.I.D. NO. OWNER DESCRIPTION 1988-1(66) 27-170010-0 LYMAN DEVELOPMENT CO. LOT 7 ELK 2 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170011-0 LYMAN DEVELOPMENT CO. LOT 1 BLK 3 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170012-0 LYMAN DEVELOPMENT CO. LOT 2 ELK 3 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170013-0 LYMAN DEVELOPMENT CO. LOT 3 BLK 3 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170014-0 LYMAN DEVELOPMENT CO. LOT 4131..K 3 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170015-0 LYMAN DEVELOPMENT CO. LOT 5 BLK 3 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170016-0 LYMAN DEVELOPMENT CO. LOT 6 BLK 3 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170017-0 LYMAN DEVELOPMENT CO. LOT 7 BLK 3 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170018-0 LYMAN DEVELOPMENT CO. LOT 8 BLK 3 $1,033.07 - - 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170019-0 LYMAN DEVELOPMENT CO. LOT 9 BLK 3 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 Page 3 of 3 HERITAGE PLACE 3rd ADDITION ASSESSMENT REAPPORTIONMENT T PROPERTY LEGAL P.I.D. NO. OWNER - DESCRIPTION 1988-1(66) 27-170020-0 LYMAN DEVELOPMENT CO. LOT 10 BLK 3 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170021-0 LYMAN DEVELOPMENT CO. LOT 11 BLK 3 $1.033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170022-0 LYMAN DEVELOPMENT CO. LOT 12 ELK 3 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170023-0 LYMAN DEVELOPMENT CO. LOT 13 SOC 3 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170024-0 LYMAN DEVELOPMENT CO. LOT 14 BLK 3 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170025-0 LYMAN DEVELOPMENT CO. LOT 15 8LK 3 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 27-170026-0 LYMAN DEVELOPMENT CO. LOT 16 8LK 3 $1,033.07 300 MORSE AVENUE HERITAGE PLACE P.O. BOX 40 3RD ADDITION EXCELSIOR, MN 55331 TOTAL= $50,243.39