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HomeMy WebLinkAbout07/16/1996 MEMO TO: Honorable Mayor and City Council FROM: Paul Bilotta, Acting City Administrator RE: Non Agenda Informational Items DATE: July 12, 1996 1. Attached is correspondence from Lisa Delgado regarding the public access TV. 2. Attached is the Engineering Department Monthly Progress Report for June, 1996. 3. Attached are the April 1st &29th minutes of the Shakopee Public Utilities Commission. 4. Attached are the June 24, 1996 minutes of the Shakopee Parks and Recreation Advisory Board. 5. Attached is the Monthly Update of Parks and Recreation Projects and Programs for July. 6. Attached is the Police Newsletter for Council review. 7. Attached are the Revenue and Expenditure Reports as of 6/30/96. 8. Attached are the Recreation Revenue and Expenditure Reports as of 6/30/96. July 3, 1996 Paul Ryan 1085 Eastview Circle Shakopee, MN 55379 Dear Mr. Ryan, Thank you for responding to my letter on behalf of public access TV. I'm sorry but I do not recall the exact date and time that I happened upon the program that was the subject of the complaint. I do, however, remember the content and hopefully that will help you in looking into this matter. There were two young men who were the principal characters...one was terming the other retarded. There were numerous insensitive comments directed toward the "retard" as well as a host of repulsive sound effects including one of the characters vomiting and urinating (visual effects were included with this one). The plot seemed to be frustration acted out violently....simply because one of the characters "got up on the wrong side of the bed". Is Shakopee's community message to children that this is appropriate behavior to display when faced with a day when things aren't going your way? -What is the redeeming quality in this production? - And what is the real point???? My intent in commenting on this programming was not and is not to become involved in a matter which concerns community standards in the city of Shakopee. My purpose was to give an outsiders observation of how this portrays your community and its values....since the programming was from your public channel. In my opinion, you should be ashamed of this production. Thank you for your response and concern. Sincerely, £OCL Ca/Jr:VIZ-. cc: Public TV Commission City Administrator City Council CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR JUNE, 1996 Respectfully Submitted riee-e4, Bruce A. Loney Public Works Director PROJECT START COMPLETE STATUS COMMENTS Category I- Projects Under Construction 1. Upper Valley Drainage 9/93 99% See Narrative Section 2. Pierce Street 6/94 99% See Narrative Section 3. Vierling Drive,Adams St. 7/94 100% to Presidential Lane 4. Sarazin Street (Viking Steel Rd.) 4/95 95% See Narrative Section 5. Downtown Alley Reconstruction 5/95 75% See Narrative Section 6. Fuller Street 8/95 90% 7. County Road 16 Utilities 8/95 95% 8. St. Francis Sewer&Water Extension 10/95 99% 9. River District Sewer Rehabilitation 10/95 99% 10. Millpond Water Quality Improvement 2/96 90% 11.Vierling Drive-C.R. 79 to C.R.77 4/96 40% 12. Sarazin St./17th Ave. 5/96 70% 13. 1996 Reconstruction 7/96 0% See Narrative Section Category i! - Projects In Design 1. 10th Ave. -from CSAH 17 to 6/96 Shakopee Ave. 2. Trunk Sewer "H" 6/96 Category ill- Projects Under Study 1. C.S.A.H. 18 Connection 11/93 10% See Narrative Section 2. Maras Street 6/94 6/95 100% See Narrative Section 3. Vierling Dr. &Taylor St. 6/96 Category IV- Development Projects In Review 1. Orrin Thompson(Prairie Village) Preliminary Plat 2. Hauer's 5th Addition Preliminary Plat 3. Market Place 2nd Addition Final Plat 4. Meadows North Preliminary Plat 5. Horizon Heights 5th Final Plat 6. Samantha Woods Preliminary Plat 1 PROJECT START COMPLETE STATUS COMMENTS Category V - Private Subdivision Construction 1. Dominion Hills 6/93 85% Wear Course Remaining 2. Stonebrooke 2nd Unknown Unknown 0% 3. Homestead Ridge 2nd 9/94 100% Warranty Period 4. Minnesota Valley 8th 9/94 100% Warranty Period 5. Meadows West 1st Addition 9/94 100% Warranty Period 6. Prairie Bend 9/94 95% Restoration and Wear Course 7. Meadows West 2nd 7/95 100% Warranty Period 8. Orchard Park 1st 7/95 90% 9. Canterbury Pointe 11/95 30% Mainly Private Infrastructure 10. Prairie Bend 2nd Addtn. 4/96 60% 11. Pinewood Estates 5/96 30% 12. Westwind 1st Addition 4/96 50% 13. Meadows West 3rd Addition 4/96 80% Category VI - Special Projects 1. CSAH 16 Scott County Plans 8/95 7/96 40% 3. Mn/DOT Shakopee Bypass 8/95 6/97 90% Segment 1 &2 4. MCWS Sewer Interceptor 8/95 6/96 90% 5. Local Transportation Plan RFP's 8/95 11/95 10% Work Scope Being Defined 6. C.R. 79 (C.R. 14 to C.R. 72) 2/96 11/97 In Concept Design Please refer to the attached narrative section for a more detailed discussion on several of the projects. 2 NARRATIVE SECTION 11 - Projects Under Category Construction 1. Upper Valley Drainage Project-Phase II and Shakopee Bypass Drainage Facilities • This project is essentially complete except for clean up and miscellaneous items. Final cleanup restoration items of the channel is dependent upon the dryness of the soil in the channel. 2. Pierce Street • The alley paving has been done with restoration work complete. 4. Sarazin Street(Viking Steel Road) • Roadway construction, sidewalks and turf restoration is essentially complete. Minor restoration areas and corrective work is yet to be done. Contract disputes of work have not been resolved. 5. Downtown Alley Reconstruction • The concrete duct bank is installed for the entire project. Restoration of alleys is nearly complete. The service conduits are being installed to the buildings. Several service connections from the new underground power system to the buildings have not been completed, thus the overhead lines cannot be taken down. Shakopee Public Utilities Commission is coordinating this effort. 6. Fuller Street • Bituminous paving of street with walks and sod is complete. Striping, signing and clean-up work is remaining. 3 1 - Projects Under Category Construction 7. County Road 16 Utilities • Work at Canterbury Inn remains to be completed. 8. St.Francis Sewer&Water Extension • Sanitary sewer and water installation is complete. Clean-up and punch list items remain to be completed. 9. River District Trunk Sewer • Installation of water proof castings on manholes is complete. 10. Mill Pond • This project is functionally complete. Restoration of the work area is being completed at this time. 11. Vierling Drive • This project has been awarded to F.M. Frattalone of St. Paul, MN and construction has started. Storm sewer, box culvert and road base work has been completed. 12. Sarazin Street/17th Avenue • Northdale Construction Co. has completed the street construction. Walks, trees, turf restoration and clean-up remain. 13. 1996 Reconstruction • This project has been awarded to Barbarossa & Sons, of Osseo, MN and construction will be begin on July 22, 1996. 4 I.Category No. 2 - Projects in Design 1. 10th Avenue-from CSAR 17 to Shakopee Avenue • This project consists of installing a storm sewer system and street pavement overlay to extend the life of street pavements in this area. Cost of project will be from the Storm Drainage Fund and Pavement Preservation in the Street Division Budget. Plans will be presented to Council on July 16, 1996. 2. Trunk Sewer"H" • This project is for the installation of a trunk sanitary sewer from the Chaska Interceptor to the southwest. Staff has authorized the surveying project in for the ro'ect and will be obtaining appraisals for property acquisitions. 3. Vierling Drive • Vierling Drive, from T.H. 169 to Presidential Lane; Taylor Street, from Vierling Drive to improved Taylor Street; and Polk Street, from Vierling Drive to 13th Avenue has been authorized by Council on July 2, 1996. ICategory No. 3 - Projects Under Study 1. County Road 18 Connection • This feasibility report is on hold due to the recent court decision which has prevented the County from bidding this project. 2. Maras Street • A public hearing has been scheduled for July 16, 1996. 5 r MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in adjourned regular session on April 29, 1996 at 4: 30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners O'Toole, Unseth and Wolf . Also Liaison Sweeney, Administrative Assistant Adams and Manager Van Hout . BILLS READ: City of Shakopee 51 ,000. 00 APPA 3 ,343. 36 ARAMARK Refreshment Services 91 . 50 A T & T Wireless Services 18.63 Athmann Industrial Medical Supplies, Inc. 109. 48 B T Office Products International 3, 529 .17 R W Beck 9,401 . 26 Big A Auto Parts 28. 00 Bills Toggery, Inc. 73 . 99 Border States Electric Supply 3 ,558. 91 City of Shakopee 1 ,299 . 42 Cooperative Power 36, 356 . 79 DCA, Inc. 150 . 00 Feed-Rite Controls, Inc. 120.00 Glenwood Inglewood 10.09 Gopher State One-Call,Inc. 441 . 28 Graybar Electric Co. ,Inc. 628. 09 Hennen' s ICO 8. 50 Hercules Industries, Inc. 749.86 High Voltage Testing Labs 115 . 99 Jaspers Streefland and Co. 125.00 Kaeding and Associates,Inc. 1 ,122.00 Leef Bros. , Inc. 51 . 46 MMPA 402,028. 67 Midwest Engine Service and Supply 37 .80 Minnesota Valley Testing Labs Inc. 180.00 Motor Parts Service 49 . 77 Northern Power Products,Inc. 10 .86 Northern States Power Co. 1,373. 23 Northern States Power Co. 332. 32 Parkside Printing, Inc. 2,801 . 62 Shawn Peterson 20.00 Petersen-Wisdorf, Inc. 314 .87 r Progressive Consulting Engineers , Inc . 375. 00 Reynolds Welding Supply Co. 4 . 95 Schoell and Madson Inc. 3 ,046.12 Shakopee Ford 48. 94 Shakopee Public Utilities 59. 45 Shakopee Public Utilities 33 . 25 Shakopee Public Utilities 63. 30 Southwest Suburban Publishing 985 . 35 Starks Cleaning Services, Inc . 72. 42 T & R Service 30 .00 United Compucred Collections , Inc. 830 . 70 Lou Van Mout 146 .09 US West Communications 147.16 Voss Lighting 78. 47 WaterPro Supplies Corp 3 ,091 . 25 WESCO 3 ,117 . 12 Yarusso's Hardware Co. 62 .06 Randy Tipton 3.00 Fairview Clinics 21. 00- Scott Carver Capp Agency 9,050.00 Waster Management-Savage 93 .13 Motion by Unseth, seconded by Wolf that the bills be allowed and ordered paid. Motion carried. A letter to the CAPP Agency regarding the Grant monies from the Department of Public Service and the Shakopee Utilities was defined as to the responsibilities of CAPP and the Shakopee Public Utilities and the reporting procedures. The CAP Agency will be asked to present a 15 minute verbal report at a future meeting. Commissioner O'Toole informed the Commission of communication from an Industrial firm regarding their present electric rate. Commissioner O'Toole also met with Mayor Henderson regarding the upcoming joint meeting and some agenda items for the meeting. Motion by Wolf, seconded by Unseth to offer Resolution #464 A Resolution Approving and Authorizing Agency Agreement No. 74934 An Agreement with the State of Minnesota to Provide Reimbursement of the cost for Construction of Conduit Systems on the T.H. 101 Shakopee Bypass. Ayes: Commissioners O'Toole, Unseth and Wolf. Nayes. none. Motion carried. Resolution passed. Joe Adams, Administrative Assistant gave an update on the Building work in progress for the Shakopee Utilities. The update was broken down by work identified under previous CIP's, revised estimates on work done and costs due to ADA compliances . A discussion followed as to the work completed to date along with costs. j Motion by Wolf, seconded by Unseth to offer Resolution #465 a Resolution Approving Payment for the Pipe Oversizing Cost on the Watermain Project the P & V 1st and 2nd Additons. Ayes: Commissioners Wolf, Unseth and O'Toole. Nayes: none. Motion carried. Resolution passed. The framework for setting goals and objectives was discussed. The next meeting of the Shakopee Public Utilities Commission will be held on May 13, 1996 at the Utilities meeting room. Motion by Wolf, seconded by Unseth that the meeting be adjourned. Motion carried. ' 2 iikAtt \ ' f Barbara Menden, Commission Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on April 1 , 1996 at 4: 30 P.M. in the Utilities meeting room. MEMBER PRESENT: Commissioners O'Toole, Unseth and Wolf. Also present Liaison Sweeney, Administrative Assistant Adams, Manager Van Hout, and Secretary Menden. Motion by Wolf, seconded by Unseth to approve the minutes of the March 4, 1996 regular meeting. Motion carried. Motion by Unseth, seconded by Wolf to approve the minutes of the March 18, 1996 adjourned meeting. Motion carried. BILLS READ: City of Shakopee 51 ,000 . 00 AmeriData, inc. 7 ,970 . 32 APPA 35 . 00 ARAMARK Refreshment Services , Inc . 122. 00 AT & T 5. 49 AT & T Wireless Services 78 . 13 BT Office Products International 97 . 35 RW Beck 3 ,992 . 46 Big A Auto Parts 90 . 55 Border States Electric Supply 4,890 . 37 City of Shakopee 594 . 30 City of Shakopee 981 .86 Clay' s Printing Service Inc . 184. 88 Cooperative Power 38 ,215.11 Coordinated Business Systems Ltd. 248 . 91 DCA, Inc. 150 .00 DAvid/Joanne Dalby 155 . 34 Diversified Inspections Inc 1 ,005 .00 Dueco, Inc . 210 . 65 Feed-Rite Controls Inc . 1 , 732. 60 Ethel E. Galles 3 .00 Glenwood Inglewood 10. 19 Graybar Electric Co. Inc . 4,672 . 39 HDR 1 ,281 . 51 Beverly A Hansen 3 . 00 Hennens ICO 33. 24 Koch ' s Tele-Communication Services 115 . 50 Leef Bros. , Inc. 25 . 66 Greystone Construction Co. 2,358 . 00 Paul Lindahl 275. 00 MMPA 436 ,651 . 55 Mebco, Inc . 1 ,073 . 52 Metro Building Systems, Inc. 52,935.00 Midwest Engine Service & Supply 68.04 Minn. Department of Public Service 124.41 Minn. Environmental Quality Bd 205 .15 Minn. Valley Electric Coop. 41 ,537. 50 Minn. Valley Electric Coop. 2,972. 06 Minn. Valley Testing Labs Inc. 169.00 Motor Parts Service Co. Inc. 1 .88 National Oil Processing Inc. 675 . 00 Norwest Institutional Trust 480 . 00 Northern States Power Co. 2,029. 60 Northern States Power Co. 332. 32 Northland School Bus Parts 24.05 Power Manger Users GRoup 100. 00 Petersen Wisdorf Inc. 7 ,871 . 16 RESCO 147 . 21 Reynolds WElding Supply Co. 4. 63 S & T Office Products, Inc . 96 . 45 Kent Sanders 237 . 20 Bernadette Schmidt 5 .00 Schoell & Madsen Inc. 4,131 . 50 Shakopee Public Utilities 76 . 27 Shakopee Public Utilities 3,866 . 40 Southwest Suburban Publishing 113 . 95 Southwest Suburban Publishing 494. 74 Starks Cleaning Services Inc . 72 . 42 Star TRibune 209. 00 System Control Services Corp. 197 . 40 TKDA, Inc. 283 . 58 Transport Truck Center 404.49 Total Tool Supply Inc . 30 . 95 Twin Cities Garage Door Co. 17 ,680 .00 Valley Sports 160 . 00 Lou Van Hout 58 . 98 Waste Management-Savage 93.13 WESCO 14,801 . 92 Woodhill Business Products 847 . 53 Yarusso' s Hardware Co. 38. 48 Motion by Unseth, seconded by Wolf that the bills be allowed and ordered paid. Motion carried. A communication from the Department of Public Service dated March 20 , 1996 with the signed contract regarding the grant agreement was reported on by Manager Van Hout . The payment to CAPP can be made for the Christmas in May project less our internal costs. A meeting with Jim Streefland, Terry O'Toole, Manager Van Hout and Barb Menden was reported on. A discussion was held at the meeting on compliance issues, uniform reporting and matters connected with the bond issue. City Attorney Karen Marty made a request to the Commission that legal matters be covered early on in the meetings allowing her to leave earlier. A request from Greg Voxland for early release of some audit data was acknowledged. Liaison Sweeney reported that recent Council action had no immediate impact on SPUC. The recent request from various companies to put antennas on our water towers was discussed. Recent information on fee scales has become available and will be looked into along with a consultant to advise us how to proceed. The consultant will be asked for technical advice along with current information in this field. The Commission directed staff to proceed along these lines and come back with more current information. Specifications for the transformer for the new substation have been received from our consultant . A request was made to the Commission from Manager Van Hout for authorization to bid the transformer. Bidding will follow standard procedures and after bids are opened tabulations will come back to the Commission for approval. Manager Van Hout has received a request from Cooperative Power to withdraw our Class C membership. No action was taken. Nitrate testing was discussed in length. Different options were discussed along with the direction SPUC should pursue regarding keeping the nitrate results low. A testing and operations policy will be drawn up. The insurance committee met and reviewed the proposal from the consultant , Chuck Jelinek. After reviewing the proposal the committee requested additional information and the proposal was amended to reflect additional time. A timetable was also included in the proposal . Staff was directed to enter into a contract with Mr. Jelinek. A request was made by employee representative, Kent Sanders for reimbursement for the increase in the insurance from April 1 until proposals have been returned from the consultant . Commissioner Wolf suggested that once the results have been compiled the Commission will take a look to see if a benefit does exist from the April 1 date forward. Manager Van Hout reported to the Commission that interviews are starting to fill the water systems operator position. Motion byWolf, seconded byUnseth to offer Resolution #463 Ayes:Resolution Regulating Salaries. y es: Commissioners Wolf, Unseth and O'Toole. Nayes: none. Motion carried. Resolution passed. The Minnesota Municipal Utilities Association summer meeting will be held June 23 thru 26 . There were no lost time accidents for March, 1996 . Motion by Wolf, seconded by Unseth to adjourn to April 29, 1996 . Motion carried. The next regular meeting of the Shakopee Public Utilities Commission will be held on May 6 , 1996. at the Utilities meeting room at 4: 30 P.M. f):) r L Cti&l� Barbara Menden,- C6mtnission Secretary /:?1-( SHAKOPEE PARKS AND RECREATION ADVISORY BOARD REGULAR SESSION SHAKOPEE,MINNESOTA JUNE 24, 1996 Chair Steve Johnson called the meeting to order at 7:00 p.m. at the Shakopee Community Center. Advisory Board members present: Steve Johnson, Paulette Rislund, Dolores Lebens, Jeff Kaley, Ann Seifert and Judy Salchow. Absent: Dean Shaner. Staff present: Mark McQuillan, Director and Ron Stellmaker, Facility Manager/Asst. Director. Seifert/Lebens moved to approve the agenda as presented. Motion carried. Seifert/Salchow moved to approve the May 20, 1996 Parks and Recreation Advisory Board meeting minutes with the following corrections: paragraph 2 - The Community Center's summer hours for Sunday should state closed. Under New Business: Add the omitted motion Salchow/Rislund moved to recommend to the City Council to exclude Community Center part-time employees from receiving vacation, sick leave and group insurance benefits. The motion was approved. Motion carried. McQuillan gave a brief update on the acquisition of park land south of the Shakopee By- Pass. He noted the City Council intends to wait on any land acquisition until the School District identifies a location for their school. However,they are in full support of having the park contiguous to school property. Stellmaker reported the City Council authorized the purchase and funding of a lift elevator for the walking track in the Community Center. Salchow/Lebens moved to recommend to the City Council to accept the generous donation of new playground equipment from the Shakopee Lions Club and to allocate funds from the Park Reserve Fund not to exceed$17,000 for the surface materials and landscape work. Seifert/Kaley moved to recommend to the City Council to authorize the appropriate City officials to utilize Park Reserve Funds for the purchase of playground equipment from Earl F. Anderson, Inc. not to exceed the quoted amount of$17,768 and to allot$2,500 for surface materials under the equipment and basket court in Timber Trails Park. McQuillan reminded Board members the 1996 Annual City Picnic is Thursday, July 25, 4:40-6:30 p.m. at Shelter#1 in Lions Park. McQuillan reported the City Council referred the request to exclude part-time Community Center employees from receiving certain City benefits to the City Attorney for legal advice. Lebens/Rislund moved to adjourn. Motion carried. The meeting adjourned 7:51 p.m. Respectfully s b . ed 45 MONTHLY UPDATE OF PARKS AND RECREATION PROJECTS AND PROGRAMS FOR JULY RESPECTFULLY SUBMITTED MARK J. MCQUILLAN PARKS AND RECREATION DIRECTOR CAPITAL IMPROVEMENT PROJECTS 1996 OBJECTIVES 1. LAND ACQUISITION : SOUTH OF BY-PASS & WEST OF TAHPAH PARK • STATUS: Waiting for the School District to identify a potential site to locate an elementary school. Land acquisition will occur in 1997 or 1998. • STATUS: The State of Minnesota owns 30 acres of property adjacent to Tahpah Park. Staff has made inquiries about the purchase of that property. Still waiting to hear back from MnDot. 2. TAHPAH PARK PARKING LOT EXTENSION • STATUS: At their June meeting,the Shakopee Jaycees decided not to pursue this project in 1996. Lack of funding. 3. TAHPAH PARK NETTING FOR BASEBALL STADIUM • STATUS: At their June meeting,the Shakopee Jaycees approved the allocation of $2,800 for the installation of backstop netting on the baseball field at Tahpah Park.. 4. TAHPAH PARK LIGHTING OF SOFTBALL FIELD#4 • STATUS: This project will not be pursued in 1996 by the Shakopee Jaycees. Lack of funding. 5. PLAYGROUND EQUIPMENT FOR TIMBER TRAILS PARK • STATUS: Funding was approved by the City Council at its July 2, 1996 meeting. Equipment has been ordered. 6. BACKSTOP FOR KILLARNEY HILLS PARK • STATUS: On order. 7. REPLACEMENT OF DIVING BOARD AT POOL • STATUS: Completed. 8. NEW PLAYGROUND EQUIPMENT FOR LIONS PARK • STATUS: Approved by the Lions Club and officially accepted by the City Council at its July 2, 1996, meeting. Equipment has been ordered. 9. DEVELOPMENT OF PARK IN MEADOWS 9TH EDITION • STATUS: To be included in the 1997 Parks CIP. 10. TREES FOR LIONS PARK • STATUS: Completed. 11. ROTARY KIOSKS • STATUS: The Minnesota Recreation and Park Association recently announced the winners of the Award of Excellence. A special presentation will be made at the City Council meeting on August 6, 1996. Scott.Merkley, Scott County Engineering Coordinator, sent me a letter indicating the Scott County Regional Trail will be located on the west side of County Road 79 north of the By-Pass. He also noted the City will not be reimbursed for its costs of constructing this portion of the trail. See Attachment. At its June 19, 1996 meeting,the City Council expressed a concern for public safety along CR79. (There are many pedestrians and bicyclist using the road which has a lot of car traffic and no shoulder.) The 1997 Capital Improvement Program includes the construction of a trail along County Road 79. If approved, staff can design the trail this winter and construct it next summer. RECREATION PROGRAMS 1. On July 1, 1996, over 400 children participated in the Annual Happy Birthday America Parade. The parade is co-sponsored by the Parks and Recreation dept. And the Shakopee Lioness. 2. The 22nd Annual Shakopee Youth Baseball Tournament was held at Tahpah Park on the weekend of July 12,13 & 14. A total of 24 teams were involved from the Twin Cities metropolitan area and greater Minnesota. Three teams were from Shakopee. 3. Shakopee was the host site for the Girls Under 16 ASA State Qualifier Fastpitch Softball Tournament on July 12, 13 & 14.. Games were held at Pearson Elementary School,the Junior High School, the Senior High School and the new Community Center fields. A total of 55 teams participated in the tournament. 4. The Summer Basketball League for youth is being held at the Community Center. It started June 17 and will conclude August 12. 5. The Shakopee Volleyball Camp was held at the Community Center July 8-12. 6. A total of 50 high school students are participating in the Summer In-Line Hockey Program held in the ice arena at the Community Center. 7. The Shakopee Archery Program will conclude Tuesday, July 23, 1996. After 29 years, Jim Plekkenpol will retire from teaching these lessons. Jim has been a volunteer instructor all these years. 8. Attendance at the pool has been very good. The average daily attendance at the pool this season is about 550 people. 9. Shakopee Parks and Recreation will be sending a bus load of youth to the Minnesota Twins game on Wednesday,July 17. A trip to the Crystal Caves in southern Minnesota is slated for August 2. 10. The summer youth baseball and softball programs will conclude the week of July 22. 11. The local Baptist Church will host their 9th annual softball tournament at Tahpah Park on July 20. 12. The June 26, 1996, Shakopee Ten Mile Relay Race was postponed due to extreme hot temperatures and will be rescheduled for August 7. 13. Staff will be begin making ice in the ice arena starting the week of August 5. Bookings for the Fall hockey programs are going well. SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION HIGHWAY DEPARTMENT ICOTT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 GARY L. CUNNINGHAM (612)496-8346 COUNTY ADMINISTRATOR Fax:(612)496-8365 BRAD LARSON ASSOCIATE ADMINISTRATOR July 1, 1996 Mark McQuillan Shakopee Parks 1255 Fuller St. Shakopee, MN 55379 Re: Scott County Regional Trail Dear Mark: As discussed in our June 27, 1996 phone conversation, the trail alignment set by OSM Consultants, and agreed upon by our task force in 1994, located the trail along the west side of CR 79 north of the bypass. You indicated the City is proposing to construct the trail in this area in the near future. Upon review, any costs occurred prior to an ISTEA grant award are not eligible to be reimbursed and the grant application costs of constructing the trail would be borne by the City. Please do not hesitate to contact us if you need additional information. Sincerely, , jCet / Scott M. Merkley Engineering Coordinator SM c: Del Miller, Hennepin Parks An Equal Opportunity/Safety Aware Employer N O) O Ui M to .0. o o Tr Ln m m Ln o Tr O M O t` r N O O O O N O O O to II COOria0 CD 010 NN .-iri r4a0U1r- Or4U) l0 4.0 Cr10000 0000) N N E+ A N . . . . . . . . Zi w 11 O O N dI O NO Ol 01 Ul O1 Ch CO O1 \O O N 01 M M O O O U) O 01 O N N cr 03 'J n O H II Ul U1 M U1 M ri rI r- r- dI Ul U) Ul ri U1 O r- 1-1 H H H in CO in HN I34 W It as 11 IIN II OU) O10\ M M O O O O Ul U10) f- 00000 C) ri000000f- co l0 N en rirlN l0 O) OOOOf- NN .4 Ln0000 rl N OOTrc) unOf- C'1 01 . • . . • . . . . • . . . • . . • . • . . . . N O N 4.0 l0 O N O dI OO O ri ri U1 U1 C- O cr U1 01 cr O) O Ul ri O cr O er U) 0) II d. 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N oza N Ulio ) N a0 N 0IN It TH' H M H al 4 U n o 0 0 0 0 o U n o it 0 0 o O 0 0 N O II II • N o 0 0 0 0 o N 0 U 0 0 d' a' 0 0 11 el W W N N I` M M 0 0 W CQ N e- H U) 1I to in H H CO o H U) N to iaag Z II m M IA in N N 4 x N tD H L4 II N Lf I +AHH' W al ES N o ' II E4 X II in cO CO II Cl) Ct7 N VY W II Ccl N N It II N II II N N II U II N II II IcC N Cn n II it II n N Cz�4 0) II ncn OH n N O n it EII II II H H n n N H Z U 0) II ►a Qqn N Z H E' m 0 n D N O u ae . 0 A II HN �"� a a 0 U CO HNH H N QO C4 CI a N b Cg N fri Z H U) U 0) OC N O 1111 0) W 1 I an a U N rC 1� CO N CC-n) II a U [a z W co N C] II N 14 N H DID .`� /2 a E EQ+r N Z II 01N al O II n w 0 Ei H O 0 U n 0 CO ii ton 0 1-1 o 1-4 h N O N dam' Cl)lTi.hU) Vo' U) co N MONTH END CITY OF SHAKOPEE, MINNESOTA Average Yield= 5.79 percent _ INVESTMENTS Average Maturity= 2.4 years 7/1/96 Printed 08-Jul-96 1996 7/1/96 6/30/96 _ - PAR INV_ _Purchase Maturity Yield Carrvina Basis Accreted Basis Market VALUE COUPON FHLMC 06/14/93 09/15/02 6.05 1,596,698.07 1,592,527.39 1,538,598.60 1,540,000.00 6.77 FICO 02/02/93 08/03/01 6.70 1,792,975.58 1,855,390.68 1,780,475.00 2,500,000.00 NA FHL 11/14/95 11/14/00 6.30 1,000,000.00 1,000,000.00 982,660.00 1,000,000.00' . 6.30 USTR 02/17/93 08/15/00 6.15 1,356,378.39 1,398,615.57 1,350,301.44 1,752,000.00 NA, FICO 11/30/92 02/03/99 6.50 961,406.24 991,527.69 974,268.50 1,150,000.00 NA FHLM 07/15/93 11/15/98 5.25 1,260,694.18 1,293,239.59 1,243,476.50 1,450,000.00 NA FICO 07/15/93 11/02/98 5.24 240,441.14 246,631.27 238,389.48 276,000.00 NA FNMA 0929/93 09/28/98 4.92 500,000.00 500,000.00 486,395.00 500,000.00 4.92 TVA . 09/15/95 05/15/97 6.40 475,239.82 490,514.58 491,164.43 517,500.00 NA TVA 06/05/95 11/15/97 5.52' 1,953,262.03 2,007,838.18 1,985,902.17 2,160,045.00 NA REFCO 08/10/95 10/15/97 6.07 1,024,462.50 1,056,131.85 1,054,725.39 1,139,000.00 NA USTN 06/02/95 07/31/97 5.97 995,696.68 984,310.44 996,250.00 1,000,000.00 5.5 SLUG Se 04/30/96 11/01/96 4.20 750,000.00 750,000.00 750,000.00 750,000.00 UST 12/29/95 09/30/96 5.25 1,008,996.83 997,653.89 1,002,810.00 1,000,000.00 6.5 CP 06/11/96 08/22/96 5.49 989,280.00 992,257.78 989,280.00 1,000,000.00 CP 05/09/96 07/18/96 5.39 1,484,658.33 1,496,220.17 1,484,658.33 1,500,000.00 4-M 01/01/00 317,670.39 317,670.39 317,670.39 317,670.39 None Norwest 01/01/00 1.374.678.08 1.374.678.08 1.374.678.08 1.374.678.08 None Total 19,082,538.26 19,345,207.57 19,041,703.31 20,926,893.47 I Co .4 Cl) .a .4 .4 .4 .4 .a .4 & .4 .4 .4 .4 .E .4 .n ,a .4 al En .4 .4 .r� � .4 .4 .4 & '31 n O g @ .p g .4 .4 .4 .44. 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SESSION SHAKOPEE, MINNESOTA JULY 16, 1996 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3) Liaison Reports from Councilmembers 4] Mayor' s Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS >6] Approval of the Minutes : None >7] Approve Bills in the Amount of $838, 980. 06 8] Communications : a] Judson Kenyon, CAP Agency, regarding request for storage space b] Blaine Hill, League of Minnesota Cities, regarding US West' s challenge to local management of public rights of way c] Gary Cunningham, County Administrator, regarding establishing the Scott County Leadership Forum 9] 7 : 00 P.M. Public Hearings : a] Proposed improvements to Maras Street from 13th Ave . to CR-18, Project No. 1996-4 - Res . No. 4468 (Bring Feasibility Report from June 18th) b] Proposed vacation of the alley in Block 174 located west of Webster between 3rd and 4th Avenues - Res . No. 4471 10] Recommendations From Boards and Commissions : None TENTATIVE AGENDA July 16, 1996 Page -2- 11] Reports from Staff: a] Expansion of On Sale Liquor License - The Main Event b] Shakopee Derby Days Activities c] Temporary 3 .2 Beer License - Shakopee Jaycees d] McKenna Road Construction, Project No. 1996-7 e] Self-Propelled Side Broom Sweeper Purchase f] Topographic Cooperative Agreement with Scott County >g] Pawnbroker License Transfer - American Pawn >h] Resignation of Officer James Englin 12] Routine Resolutions and Ordinances : >a] Res . No. 4467 - Approving Plans for 10th Ave . Storm Sewer Laterals, Project No. 1996-5 >b] Res . No. 4470 - Apportioning Special Assessments for Orchard Park Second Addition >c] Res . No. 4469 - Setting Hearing to Consider The Vacation of Apgar Between just north of McDevitt Street south to its intersection with Fuller Street 13] Other Business : a] b] c] 14] Adjourn V. Paul Bilotta Acting City Administrator > Indicates those items determined by the City Administrator to be appropriate for inclusion on a consent agenda if a consent agenda existed. MEMORANDUM TO: Mayor and City Council FROM: Judith S. Cox, City Clerk SUBJECT: Minutes of June 18th, 1996 DATE: July 15, 1996 Enclosed are the minutes of June 18th. I apologize that they were not ready to go out with the agenda on Friday. If you have sufficient time to review them and if it is acceptable to you, I would like them to be approved on Tuesday. I hate to wait an additional three weeks for Council approval if they are acceptable to you. Thank you for your consideration on such short notice. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA JUNE 18, 1996 Mayor Henderson called the meeting to order at 7:03 P.M. with Councilmembers DuBois, Zorn, Sweeney, and Link present. Also present: Barry Stock, Acting City Administrator; Judith S. Cox, City Clerk; V. Paul Bilotta, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; and Mark McQuillan, Park and Recreation Director(at 7:15 P.M.). The following items were added to the agenda: 9e) Dallas Town Homes Berms, 90 Limestone Drive Dust, 9g) Sisters of St. Joseph-Free Health Care 14a) 1996 Interim Expansion of Metropolitan Urban Service Area, 14b) Fire Station Site Acquisition Negotiations. Link/Zom moved to approve the agenda as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Henderson gave the Mayor's report. Mayor Henderson asked if there was anyone present in the audience who wished to address the City Council on any item not on the agenda. Ann Spurrier, 1717 Presidential Lane, approached the podium and stated that she is the recipient of the Republic of Finland - US Senate Scholarship. In addition to presenting a key to the City to the City of Shakopee, she requested a resolution from the City to present to the President of Finland. Zorn/Link offered Resolution No. 4455, A Resolution Presenting The Key To The City Of Shakopee To President Martti Ahtisaari Of The Republic Of Finland, and moved its adoption. Motion carried unanimously. Sweeney/DuBois moved to approve the Minutes of May 28, June 1, 4, and 6, 1996. Motion carried unanimously. Sweeney/Zorn moved to approve the bills in the amount of $975,715.11. Motion carried unanimously. Sweeney/Zom offered Resolution No. 4449, A Resolution of Appreciation To The city Administrator Search Committee, and moved its adoption. Motion carried unanimously. Mayor Henderson presented each member with a Resolution of Appreciation. Gregg Voxland reported that Cliff Hoffman, Partner, and Michelle Henrichs, Audit Senior, of Deloitte & Touche LLP were present to discuss the 1995 Auditor's Report. Official Proceedings of the June 18, 1996 Shakopee City Council Page -2- Copies of a summary of the report were provided as Mr. Hoffman explained that last year's Liquid Fund balance was $6.5 million compared to $7.2 million this year. The General Fund Fund balance is 40% - 45% which is an adequate level. A summary of the General Fund showed that revenues were over by $500,000 and expenditures were kept under control. The change in the fund balance was ahead by $1,000,000. Mr. Hoffman noted a concern that State Aid may be lost by the year 2000 as the State may decide to fund more education expenditures in exchange for eliminating local government aid and homestead credit. However, there are many cities where the state portion is 50-75% of their budget. He added that Shakopee is in relatively good shape. The purchase of a fire truck in 1994, the equipment replacement fund and depreciation accounting should result in smaller increases related to capital. Shakopee is currently at 38% spending on public safety for 1995-1996, which is in mid range. A full-time fire department would cost $700,000 more a year. The debt per capita is higher than Moody's national average due to the growth Shakopee is currently experiencing and Mr. Hoffman stated he felt the $1100 was quite low. Shakopee is doing better than the national average for profit in the water and sewer funds. He noted it is important to remember that in replacing water and sewer, a second special assessment cannot be made. He added that Shakopee has done an admirable job of setting up interprise funds and has a good down payment for replacements by accumulating cash via accumulated depreciation. Shakopee has a solid "A" Bond Rating and Mr. Hoffman noted it is important to maintain this level for investment purposes. Confidence that the City will not allow real estate values to decline, rather good financial performance is the key to bond rating. He explained that Shakopee is in very good financial shape and all of the bonds will be paid in the next ten years. Mr. Hoffman listed Shakopee's competitive advantages as: a strong bond ratio, a written investment policy, a lower number of City employees per household, the State/Federal revenue is only 17% of the 1996 budget, and strong enterprise funds. Michelle Henrichs approached the podium to discuss the Auditor's Report on the Internal Control Structure. She noted that the City's Comprehensive Annual Financial Report has received the Government Finance Officers Association's certificate of achievement for excellence in financial reporting for the last 11 years. She added there were no issues of non-compliance. It was recommended that the City Council consider adopting a resolution relating to disclosure by all Councilmembers of all real estate and business interests which could indicate a potential conflict. Barry Stock explained that liability insurance coverage was included in the lease agreement for the Shakopee Community Arts Council (SAC). The SAC has requested that this provision be deleted. He added that this should be an EDA decision as the building is owned by the EDA. Official Proceedings of the June 18, 1996 Shakopee City Council Page -3- Discussion ensued relating to the protection of the City and setting precedence in deciding who would be required to provide the insurance and who would not. DuBois/Zorn moved to request that the EDA waive the insurance requirement from the lease agreement for the Shakopee Community Arts Council. Steve Smith, SAC President, approached the podium and explained that the organization is only six months old and have not yet had the opportunity to become self sufficient. Discussion ensued relating to risk and benefits. Ms. Cox explained that if an accident should occur and be covered under the City's insurance, the City's premium could increase. Motion carried 3-2 with Cncls. Sweeney and Henderson opposed. Sweeney/Zom moved to receive and file the communication from John Olson regarding the City Administrator position. Motion carried unanimously. Judith Cox explained that a condition of the Plat approval and agreement for St. Francis Regional Medical Campus was that after certain watermain improvements were made connecting facilities, an easement would be granted to the City to maintain the watermain. The Certificate of Occupancy cannot be issued until the easement is in place. Sweeney/Zom moved to authorize the appropriate City officials to execute the Watermain Easement Agreement with St. Francis Regional Medical Center conditioned upon final approval of the Easement by the City Attorney and by the Shakopee Public Utilities Commission. Motion carried unanimously. Bruce Loney explained that Gary Monnens brought the issue of a noise berm to staff's attention. The was being researched and it was understood that the developer was waiting until MN/Dot was finished grading in the area. MN/Dot has now completed grading. He stated that staff has not had sufficient time to review what was to be done and where the development process stands. Bruce Loney reported that Limestone Drive was seal coated last year and is a cul de sac street. He explained that a combination of warm weather and vehicle movement has exposed some of the rock placed on the seal coating, making the oil pliable. In response to complaints regarding the oil, the contractor suggested distributing Ag Lime to blot the oil and prevent tracking. Upon inspection, Mr. Loney stated that in his opinion there appeared to be an excessive amount of Ag Lime and it was quite dusty. Some of the lime has since been picked up. Mr. Loney added that the seal coating company was not at fault, that this problem is typical. Oficial Proceedings of the June 18, 1996 Shakopee City Council Page -4- In -In response to a question as to whether the City has a process for initial complaints, Barry Stock explained that there is a 3-part citizen complaint form which is then directed to the appropriate department head and followed up on. Mayor Henderson reported attending meetings with the Committee For Sisters of St. Joseph regarding free clinics (health support clinics). These are all run by volunteers to provide preventive medical services to the under insured. They have been contacted by various groups in the city and are currently considering the First Presbyterian Church. The clinics operate one half day a week and serve 10-12 families/clients a day. The church is concerned that a conditional use permit might be required as well as possible fees to set up the clinic. Paul Bilotta explained that due to the short-term nature this could be called an accessory use of the church as a charitable organization. Sweeney/Zom moved to direct staff to prepare a resolution of support for the Sisters of St. Joseph for their participation in a free health care clinic.. Motion carried unanimously. A ten minute recess was taken at 8:16 P.M. The meeting re-convened at 8:32 P.M. Zorn/Link moved that item 13b) be moved ahead. Motion carried unanimously. Sweeney/Zorn moved that item 13b) Ord. No. 453, Amending the Cable Ordinance, be removed from the table for discussion. Motion carried unanimously. In response to a question as to why the cable company could not provide broadcaster liability insurance, Mark Hanunerstrom, Paragon Cable, approached the podium and explained that broadcaster liability insurance is not applicable as they use a closed cable system. Discussion ensued relating to franchise fees. Link/DuBois offered Ordinance No. 453, An Ordinance Of The City Of Shakopee, Minnesota, Amending Ordinance No. 100, The Cable Communication Franchise Ordinance, As Amended By Ordinance No. 308, By Repealing Section 16, Modifications, And Enacting Two New Sections Relating To Modifications And To Competition, and moved its adoption. Motion carried unanimously. Paul Bilotta reported that Laurent Builders, Inc. has requested approval of the Final Plat for Orchard Park Third Addition, adding that the Planning Commission recommends approval. Sweeney/Link offered Resolution No. 4551, A Resolution of the City Of Shakopee, Minnesota, Approving The Final Plat of Orchard Park Third Addition, and moved its adoption. Motion carried unanimously. Official Proceedings of the June 18, 1996 Shakopee City Council Page -5- Paul Bilotta reported that Harland Hohenstein has requested approval of the Final Plat for Maple Trail Estates 2nd Addition, adding that the Planning Commission recommends approval. Link/Sweeney offered Resolution No. 4452, A Resolution of the City Of Shakopee, Minnesota, Approving the Final Plat of Maple Trail Estates 2nd Addition, and moved its adoption. Motion carried unanimously. Paul Bilotta reported that Jon Albinson of Valley Green Industrial Park has requested approval of the Preliminary and Final Plat for Valley Park Twelfth Addition, adding that the Planning Commission recommends approval. Sweeney/Zorn offered Resolution No. 4453, A Resolution of the City Of Shakopee, Approving the Preliminary and Final Plat of Valley Park Twelfth Addition, and moved its adoption. Motion carried unanimously. Cncl. DuBois reported that a group of residents from the townhomes adjacent to Arlington Ridge met on June 11, 1996 regarding setback and height requirements. They are requesting a text amendment addressing cut-through traffic, fencing play areas, and density in the R-3 zoning district. Discussion ensued regarding policy and the zoning ordinance. Zorn/DuBois moved to direct staff to insure that the developer is in strict compliance with the Plat and that the Conditional Use Permit conditions are fully met, including setbacks and the height of the buildings (for the Arlington Ridge development). Motion carried 4-1 with Cncl. Sweeney opposed. DuBois/Zorn moved to direct staff to explore zoning ordinances in other cities addressing apartments of a similar size and setback requirements, as well as verbiage changes for setbacks and to bring back possible alternatives for council consideration. Motion carried unanimously. Mayor Henderson noted that this action would not affect the situation at Arlington Ridge. Gregg Voxland, reported that a parcel currently in tax forfeit status was assessed $91.67. No interest has been indicated for the purchase of this parcel and the county has requested the special assessment be abated. Zorn/Sweeney moved to approve the abatement of the special assessment for the 1993 Street Reconstruction project in the amount of$91.67 for parcel number 27-005007-0 and request that the county auditor add $91.67 to the asking price for the sale of the parcel. Motion carried unanimously. Official Proceedings of the June 18, 1996 Shakopee City Council Page -6- Paul Bilotta explained that with the resignation of the Assistant City Administrator and discussion regarding the elimination of that position, he would recommend that the Economic Development Specialist be up-graded to an Economic Development Coordinator. Zorn/Link moved to direct staff to take the steps necessary to recommend to the City Council a preferred applicant for an Economic Development Coordinator position. Discussion ensued relating to tabling to allow the new City Administrator to have input. Gary Morke, 1042 Merrifield, EDA Commissioner, approached the podium and supported the need for an Economic Development Coordinator with mid-level experience. Discussion ensued relating to the difference between a Economic Development Director and a Coordinator. Motion carried 4-1 with Cncl. DuBois opposed. Bruce Loney reported consultant contracts for WSB & Assoc., Inc., MSA Consulting Engineers, and Bolton & Menk, Inc. have been recommended for a three year period. He added that the Council is not obligated to any cost by execution of the general contracts and that specific work projects will be brought back to Council in written extension agreements as needed. Zorn/DuBois moved to authorize the appropriate City officials to execute the consultant contracts between MSA Consulting Engineers and the City of Shakopee, and Bolton & Menk, Inc, and the City of Shakopee. Motion carried unanimously. Gregg Voxland reported that the renewal quotation for the property liability insurance package has been received and the deposit premium has decreased approximately $27,000 due to a favorable loss experience and rate changes. Sweeney/Zorn moved to accept the property/liability insurance proposals for the League of Minnesota Cities Insurance Trust with a deposit premium of$175,990. Discussion ensued relating to the city's policy not to carry the umbrella policy. Motion carried unanimously. Bruce Loney reported that staff has reviewed the Stormwater Management Plan and requested additional revisions to clarify policies and procedures for implementation in future developments in the City. WSB & Associate's proposal to complete the plan will be at a total cost not-to-exceed $7,900.00. He added that an agreement with OSM or WSB is needed in order to complete this Stormwater Management Plan for final adoption and implementation. Official Proceedings of the June 18, 1996 Shakopee City Council Page -7- Zorn/Link moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for professional services in completing the Stormwater Management Plan for the City of Shakopee. Motion carried unanimously. Judith Cox reported that the Shakopee Ballroom and Banquet Center Inc. currently holds a 3.2 beer license and will be replacing the beer license with a liquor license which they have applied for. She added that there is nothing in the background investigation to preclude the issuance of a license. Zorn/Sweeney moved to approve the application and grant an on sale intoxicating liquor license to Shakopee Ballroom and Banquet Center Inc., 2400 East 4th Avenue. Motion carried unanimously. Judith Cox reported that four of the On Sale and/or Off Sale Non-Intoxicating Malt Liquor Licenses up for renewal are not in order and recommended that Council approve the licenses conditioned upon meeting all requirements of the City Code. DuBois/Link moved to approve the application(s) and grant an On Sale and/or Off Sale Non- Intoxicating onIntoxicating Malt Liquor License(s), conditional upon compliance with all city code requirements, to: Super America Group, Division of Ashland Oil, Inc., 1155 East 1st Avenue - Off Sale; Cedar Fair L.P., One Valleyfair Drive - On Sale; Holiday Station Stores, Inc., 444 East 1st Avenue - Off Sale; Pizza Huts of the Northwest, Inc., 257 Marschall Road - On Sale; Twin Cities Stores, Inc. dba Oasis Market, 615 Marschall Road - Off Sale; Raceway Park Inc., One Checkered Flag Blvd. - On Sale; Polka Dot Dairy, Inc., Tom Thumb Food Markets Inc, 590 So. Marschall Road - Off Sale; Fraternal Order of Eagles, Aerie #4120, 220 West 2nd Avenue - Off Sale; Twin Cities Stores, Inc. dba, Oasis Market, 1147 Canterbury Road - Off Sale; Sene's Inc., dba Imperial Wok, 237 East 1st Avenue - On Sale; Stonebrooke of Shakopee, Inc., 2693 County Road 79 - On Sale; Chin Yung Inc., 1135 East First Avenue - On Sale; Minnesota Valley Restoration Project, 2187 E. Hwy 101 - On Sale. Motion carried unanimously. DuBois/Link moved to approve the application and grant an On Sale Wine License to Cedar Fair L.P., One Valleyfair Drive. Motion carried unanimously. Judith Cox reported that two of the applicants applying for Intoxicating Liquor Licenses have not filed the proper certificate of insurance and recommended that Council approvals should be conditioned upon meeting all City Code requirements. Zorn/Sweeney moved to approve the application(s) and grant an Off Sale, On Sale, Sunday, and/or Club Intoxicating Liquor License(s), conditioned upon compliance with all City Code requirements, to: Bretbecca, Inc. (dba Pullman Club), 124 West 1st Avenue - Sunday, On Sale, and Off Sale; Rock Spring Restaurant, Inc., 1561 E. 1st Avenue - Sunday, On Sale, and Off Sale; Babe's Place Inc., 124 South Holmes - Sunday, On Sale and Off Sale; Canterbury Park Concessions, Inc., 1100 Canterbury Road - Sunday, On Sale and Off Sale; Dangerfield's Restaurant Inc., 1583 E. 1st Official Proceedings of the June 18, 1996 Shakopee City Council Page -8- Avenue - Sunday and On Sale; The Main Event of Shakopee, Inc., 911 East 1st Avenue - Sunday and On Sale; MIN Hotel Corp., (dba Canterbury Inn), 1244 Canterbury Road Sunday and On Sale; Turtle's Bar and Grill Inc., 132 East First Avenue - Sunday and On Sale; Corp-Tool, Inc., 122 East First Avenue - Sunday and On Sale; Pablo's Mexican Restaurant Inc., 230 South Lewis Street - On Sale; Family Dining Inc., 6268 Hwy 101 - Off Sale; Riverside Liquors, Inc., 507 E. 1st Avenue - Off Sale; Valley Liquor, Inc., 1104 Minn. Valley Mall - Off Sale; Spirits of Shakopee, Inc., 471 Marschall Road - Off Sale; The American Legion Club, Post No. 2, 1266 East 1st Avenue - Sunday and Club On Sale; Knights of Columbus Home Assn., Inc., 1760 East 4th Avenue - Sunday and Club On Sale; VFW Post#4046, Inc., 1201 East Third Avenue - Sunday and Club On Sale. Motion carried unanimously. Bruce Loney reported that staff has been searching for a way to minimize the City's up-front costs to bring trunk sewer to an area located East of Marschall Road and South of the Bypass. The City recoups money for trunk sewers from development at an acreage fee of $1319.74 per acre. Crossing unplatted parcels to reach those platted is a problem. He recommended that a revision be made incorporating a lateral sewer charge to future developments that utilize the trunk sewer for lateral sewer benefit. He also recommended that the Trunk Sanitary Sewer Charge Policy be amended to allow for the extra pipe sizing and extra depth costs to be paid from the City's Sanitary Sewer Fund. He identified the cost to bring the trunk sewer to the area: Segment 1 is estimated to cost$133,000 and segment 2 is $143,000. Zom/Sweeney offered Resolution No. 4456, A Resolution Receiving a Report and Ordering an Improvement and Preparation of Plans and Specifications for the Areas "SS-H" & "SS-D" Trunk Sanitary Sewer, Project No. 1996-6, and move its adoption. Motion carried unanimously. DuBois/Zorn authorized staff to obtain appraisals for easement or right-of-way acquisition associated with the 1996-6 Trunk Sanitary Sewer Project. Motion carried unanimously. DuBois/Zorn moved to direct staff to prepare the Trunk Sanitary Sewer Charge Policy amendments for City Council consideration. Motion carried unanimously. Zorn/Sweeney moved to authorize the appropriate City officials to execute a consultant extension agreement with Bolton & Menk, Inc. for surveying services necessary for design of the Trunk Sanitary Sewer for areas "SS-H" & "SS-D", in an amount not to exceed $6,400.00. Motion carried unanimously. Barry Stock reported that negotiations have been discussed with Mr. Hauer and have resulted in Mr. Hauer willing to accept $24,000 per acre (for the fire station site). Mr. Stock explained that by using the $24,000 offer the total cost would be $348,240. He added that one option would be to use funds in the Capital Improvement Fund ($120,000 for fire station site and $200,000 for public works site) which would leave a $28,000 deficit which would require Council discussion. Official Proceedings of the June 18, 1996 Shakopee City Council Page -9- Link/DuBois moved that the City enter into a purchase agreement with the Hauers for 14.5 acres at a cost of$24,000/acre. Motion carried 3-2 with Cncls. Zom and Sweeney opposed. Sweeney/DuBois moved that the purchase of the Hauer property be funded by the bond issue. Motion carried unanimously. A recess was taken at 9:38. The meeting re-convened at 9:48. Sweeney/Link offered Resolution No. 4454, A Resolution Setting the Public Hearing Date to Consider the Vacation of Right-Of-Way (alley West of Webster between 3rd and 4th), and moved its adoption. Motion carried unanimously. Sweeney/Link offered Ordinance No. 456, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 2, Administration and General Government, Sec. 2.05, City Administrator, By Repealing Subd. 3, Appointment and Removal, and moved its adoption. Motion carried unanimously. Mr. Loney explained the scope of the proposed construction of Maras Street from 13th Avenue connecting it to CR-18. Zorn/DuBois offered Resolution No. 4435, A Resolution Calling For A Public Hearing For The Improvement Of Maras Street From 13th Avenue To CR-18, Project 1996-4, and moved its adoption. Motion carried unanimously. Sweeney/Zorn offered Resolution No. 4450, A Resolution of Commendation to Barry Stock For His Years Of Dedicated Service, and moved its adoption. Motion carried unanimously. Mayor Henderson read and presented the Resolution of Commendation as well as a plaque to Barry Stock. Sweeney/Zorn offered Resolution No. 4457, A Resolution Of The City Of Shakopee, Amending The Comprehensive Plan to Reflect the Proposed Expansion of the Metropolitan Urban Service Area to Include Certain Additional Land South of the Shakopee Bypass and Adjacent to Marschall Road, and moved its adoption. Motion carried unanimously. Discussion continued on the draft 1997-2005 Capital Improvement Plan(CIP). Gregg Voxland reported that changes from the original CIP draft included moving the Salt Shed from 1998 to 1999, the three O'Dowd Lake Parks were moved up one year, the Webster Street Sewer Project was deleted, the River Front and Huber Park items were duplicate and costs were adjusted, Park Dedication Fees were increased, and that the survey of the level of fire department Official Proceedings of the June 18, 1996 Shakopee City Council Page -10- vehicles is underway. He asked for Council direction to determine the tax levy amounts to be included in the Fire Referendum and what level of tax support to put into street reconstruction. Discussion ensued relating to the appropriate equipment level and a second pumper. Bruce Loney discussed the City's pavement management program and how funds are allocated for reconstruction and overlay. He presented various budget scenarios and explained that if$400,000 were allocated each year the peeks and valleys in the five year plan would be reduced. Discussion ensued relating to State Aid money being placed into the CIP Fund. Gregg Voxland stated that there is a need to get a trunk fee adopted for storm drainage. Mark McQuillan explained there is a sense of urgency in considering property for a future elementary school as funding may be included in the next school bond issue sometime in 1997. He . stated that before any land be placed under a moratorium careful consideration should be given to the land use. He added that long range needs of the City and the schools should be discussed with the Planning Commission and the School District. Discussion ensued regarding CIP funds., Park Dedication fees, and the Park Reserve fund. There was a consensus that $225,00 be included in the Capital Improvement Plan for 1997 and 1998 for parks. Mark McQuillan explained that a trail bridge is proposed along the upper valley drainage way. He added that in the next two to three years there is a possible need for a bridge in Lion's Park and suggested moving this project to 1999. He also suggested setting aside $55,000 for a regional trail connection for County Road 79 near the bypass. Discussion ensued regarding cooperative funding with the County for the regional trail. Sweeney/Link moved to direct staff to contact the County Highway Department and informing them that the City must have a decision regarding which side of the road the trail will go on. Motion carried unanimously. Sweeney/Zorn moved to direct staff to contact Mr. Cunningham asking that the County Board consider the City's request, if there is a problem obtaining an answer from the County Highway Department. Motion carried unanimously. Sweeney/Link moved to adjourn to July 2, 1996. Motion carried unanimously. The meeting adjourn1 edA1at 1e):2 P.M. • S. Cox, Ci Clerk D. er TenEyck, Recording Secretary J 2 TO: Paul Bilotta, Acting City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: JULY 11, 1996 introduction and Background Attached is a print out showing the division budget status for 1996 based on data entered as of 7/11/96 . Unallocated expense is showing 99% expended because it includes an insurance premium which has not yet been allocated to departments. Also attached is a regular council bill list for invoices processed to date for council approval. Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-XXX) and Blocks 3&4 (code 9439-xxx) in the amount of $7, 692 .66 . Action Requested Move to approve the bills in the amount of $838, 980 . 06 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 07/11/96 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 83,090 92 24,849 30 12 CITY ADMINISTRATOR 215,490 2,571 124,167 58 13 CITY CLERK 132,040 5,772 58,263 44 15 FINANCE 307,410 7,260 158,150 51 16 LEGAL COUNSEL 260,030 4,123 87,692 34 17 PLANNING 457,930 5,600 127,778 28 18 GENERAL GOVERNMENT BUILDINGS 132,510 4,230 68,417 52 31 POLICE 1,588,500 55,971 803,028 51 32 FIRE 418,670 38,809 196,438 47 33 INSPECTION-BLDG-PLMBG-HTG 228,930 8,211 107,308 47 41 ENGINEERING 407,760 13,199 167,675 41 42 STREET MAINTENANCE 775,720 39,016 290,548 37 44 SHOP 116,650 7,578 49,028 42 46 PARK MAINTENANCE 304,660 16,366 141,635 46 91 UNALLOCATED 436,340 809 432,560 99 TOTAL GENERAL FUND 5,865,730 209,606 2,837,537 48 17 PLANNING 463,400 30,484 187,527 40 TOTAL TRANSIT 463,400 30,484 187,527 40 H w tn It1 a Qa a a a a a 0404 a a 040404040404 a a a 0401 xxx x H H H H H H H H H HHHHHH H H H H H 000 0 IX W 0 CO as zE 0 z W to tD U corn H In to N co T re-re O H N N N N N N M d' 000 O d' d' d' d' d• O O In to U)111 L[1 In u)Ln U1 U1 01 T T ri HH HH W W HHH H H r-I H H HHt0 1/40 1/40 d' In U1 to U) U) U) U1 U1 U1 In U7 to U1 U7 0 U) O O N N N N H 0 0 0 0 0 H H 0 O 0 0 0 0 0 0 O O O O O O O O N O 0 O O O Into O O 000000 O M O MM 000 d' LO tD N t0 N Uf 0 N H d'HN Md'in O m H CAW HriH 0 E N he N r N WM N co OWWWWW T CO CO NN N N N di Z1:4H H H H H M N H H d'0 0 0 0 0 M H H H H MMM N WN N N N N .4,M N N MNNNNN d' N N N N 'Cr d'd' .44 0 al I I I I I I I I 1 1 1 1 1 1 1 I I I I I I I I I ox N N N NN HO N N HM M M MM M N N N N H'-IH H O H H H H H HH H H OHHHHH U1 H H HH LC/HN H 4 T T T T T SN T T OTT TTT H T T TT NMH er O 0 0 0 0 0 T 0 0 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WW Z C7C7W H W 0 z H W W W wax 5CWp7y W Cal a W Gal W CO W a3aaU1� E z 4 a a U� I I.) 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M ko 01 01 H En 0 E-1 H z w h H H I'D ELI z z a H H E-4 E £ EA z 0 E 0 3 a a x w X 3 0 k. >i cu a H H z `� 0 `� H o W H a' a Cn 4 El - U rilX H El F r W 0 0 W 0 H d' H0 %41-1 = 01:4 s cn z irn a rn > 0 a1 Z 0 Cu U U W rn 4 m H 1..7 CA a E+ W W cn a4 0 E-1 H U H U CU H Cl) Cl) a' C4 Cr) U Cr) pC H v' M H N c0 01 0 0 0 0 0 0 (.) 0 H H CV M M M d' H M d' Lfl cr 0 H M d' V' Q' C a' N N N r co a H 3t it 3t it it Yt it it 4t 3t it it 3t Z ZZZZZZZZZZZZ 0000 Z 0 Cr. wwwCr. wwwU Cr.wCuw Cr.w w GNP. 111.. 8 1996 AGENCY July 2, 1996 Paul Bilotta Acting City Administrator Shakopee City Hall Shakopee, MN 55379 Dear Mr. Bilotta, As a follow-up to our phone conversation, I am requesting donated storage space for the CAP Agency's "CAP Kids" Holiday Project. This space (approximately 15 x 20) will be used to store donated toys that will be distributed in December of this year. Access to the space would be needed approximately twice a month during normal business hours. Steps could possibly present problems so access on one level or by an elevator would be helpful. The CAP Agency sincerely appreciates all the help all the City of Shakopee extends to many of our programs. It is this local support that insures the success of our programs. Sincerely, IZ ;K) J dson Kenyon Community Services Director JK:sv Shakopee Office Burnsville Office 1257 Marschall Rd., Shakopee,MN 55379 Scott-Carver-Dakota CAP Agency, Inc. 14551 County Rd 11,Suite 167 612/496-2125 Voice and TDD An Equal Opportunity Employer Burnsville,MN 55337 1-800-640-6128 FAX 612/496-0698 Printed on Recycled Paper 612/432-6699 FAX 612/432-5855 , ft.._„,.7 g6 145 University Avenue West, St. Paul, MN 55103-2044 LMC league of Minnesota Cities Phone: (612) 281-1200 • (800) 925-1122 Cities promoting excellence Fax: (612) 281-1299 • TDD (612) 281-1290 July 2, 1996 Dear Mayor Henderson and Members of the Shakopee City Council; By now, you are probably aware of the rights of way issue facing cities in Minnesota. US West's challenge to local management of the public rights of way is one of the most critical issues cities have faced in years. It was a topic of considerable discussion at the Annual Conference, where member cities supported the League Board of Directors decision to move forward with an aggressive work program and financing plan to counter this challenge. We need your city to make a special payment to this fund and help put the work plan into action. The work plan developed by the Rights of Way Task Force and approved by the Board could cost $325,000 or more. This assumes that a large portion of the work plan will be coordinated by and implemented through League staff. The Board has agreed to allocate $125,000 from the current League budget for the work plan and is asking member cities to voluntarily pay $200,000. Based on your city's 1995-96 League dues, your suggested minimum payment is $904. Please consider this request in July and submit your payment by August 15, 1996 if at all possible. If each city meets their minimum payment,the $200,000 target is reachable. However, because it is unlikely that all cities will join this voluntary effort, we encourage members to allocate more if this initiative is of particular importance to them. Two important points should be made: First,this is a voluntary payment. As a member of the League of Minnesota Cities, you are not required to take part in this effort. However, if total city payments fall significantly short of the $200,000 goal,the League will not be able to fully undertake the work plan. Second, your voluntary payment should not be confused with your League membership dues which will be billed at the beginning of September. The Board of Directors and I understand that this issue must be weighed against the priorities in your city. However, we believe that the prospect of losing local control of public property warrants this extraordinary effort. This is a complicated issue, please consider it carefully. Enclosed is a brief information sheet to help you in your deliberations. If you have any questions, contact me at(218) 643-1431, League Executive Director Jim Miller at(612) 280- 1205 or(800) 925-1122, or any member of the Board of Directors. Sincerely, (.Z01 Blaine C. Hill President, League of Minnesota Cities cc: City Manager, AA,ThiVt�egrP$6g9f4iTY/AFFIRMATIVE ACTION EMPLOYER ri:4-AC Commonquestions about ublic rights of wa League of Minnesota Cities p Y Citiet promoting excellence _ J Why did local management of publicQ Doesn't that settle things? rights of way become such an issue? AIn February, US West challenged a e Not necessarily. The District Court ruling Redwood Falls ordinance that set standards 11.probably will have little bearing on the PUC for installing fiber optic cable in the public right ruling,which is expected later this summer. US of way. The ordinance charges a small per foot West may also appeal the District Court ruling. fee,requires the cable to be encased in concrete Regardless of what happens in these two arenas, conduit, or, if that isn't done, limits the city's the Legislature will be looking at this issue when liability in case the cable is damaged. US West the 1997 session begins in January. asked the Minnesota Public Utilities Commission(PUC)to take over jurisdiction of city rights of way, and set aside any local Why is this such an important issue? regulations. Then, US West sued the city of Redwood Falls in District Court. US West asked a The implications of this case are enormous. the court to prevent the city from enforcing the . As deregulation and competition among ordinance,and allow them to lay their fiber optic telecommunication and utility providers cable pending resolution of the matter before the continues,there will be more and more demand PUC. for access to the ground under city streets. All kinds of businesses and,utilities make use of that scarce space-telephone companies, cable Didn't the District Court rule in favor ofQ television companies, gas companies,power Redwood Falls? companies -and so on. If cities are not allowed A Yes. The League intervened on behalf of to manage the use of the right of way, streets Redwood Falls early in the proceedings and could.be torn up regularly and underground hired outside legal counsel with expertise in facilities could become a tangled maze. Imagine utility law. Those efforts paid off when a Fifth your city completing a major repaving project, District Court Judge dismissed the lawsuit only to have the street torn up by a utility brought by US West. In the order dismissing the looking to install lines. Imagine the phone calls suit,the judge stated essentially that the state law to city hall from irate residents if streets are creating the PUC authorized it to regulate blocked off two or three times a year. Imagine telephone service providers but did not take yourfrustration when it becomes obvious that away cities' right to impose reasonable local taxpayers are being forced to subsidize regulations and to charge a reasonable franchise private industry and pay higher taxes to build fee for the use of their streets and services. The and maintain city streets. judge wrote "...The public utility commission regulates telephone companies,not cities." So what is the League of MinnesotaQ What if our city decides not to pay? Cities doing? A As the magnitude of this issue became A That's your choice. As a member of the rt.clear,the League Board of Directors eague of Minnesota Cities,you are not appointed a Rights of Way Task Force to look at required to take part in this effort. However, if what should be done. Through the course of total city payments fall significantly short of the several meetings,the Task Force developed a $200,000 goal,the League will not be able to work program that involves legal,legislative, fully undertake the work plan. and public information strategies to protect cities' role in managing the public right of way. The Task Force estimates that full Can our city pay more? implementation of the work program could cost as much as $325,000. The Board has agreed to A Certainly. In fact,we encourage members finance this work program by allocating to allocate more to this fund if this initiative $125,000 from the current League budget and is of particular importance to them. If all asking member cities to voluntarily allocate member cities meet their minimum payment,the $200,000. $200,000 target is reachable-but it's unlikely that every city will join this voluntary effort. Q$200,000 is a lot of money. What is the League going to do with all of that? After we pay, how can we stay up to date The work plan includes legal Q on the issue? risepresentation, work with legislative A We will keep you informed of any leaders, and an extensive statewide public L"" developments through articles in Cities information campaign. While League staff will Bulletin, direct mailings,and broadcast faxes. take on the bulk of this work, it's likely that outside assistance will be needed. QClearly, our payment is only part of the solution. What else can we do? How did you decide how much you want Q our city to pay? © The best thing city officials can do is stay .t— informed, and pass that information along to A;Your suggested payment is based on a as many others as possible. Discuss rights of .percentage of your city's 1995-96 League way with your local editors and reporters;make dues. local control a campaign issue far your House and Senate candidates;talk to your local Chamber of Commerce about the business Do we have to pay? How will the payment impact of torn-up streets; let taxpayers know affect our dues? you're working to protect their investment in ANo city if required to pay. This is strictly a streets. voluntary payment. Also, it's entirely separate from the League dues statement your I'm still confused. Who should I call? city will receive in September. If you have more questions,please contact . .,League Executive Director Jim Miller at (612)280-1205 or(800)925-1122,or any member of the Board of Directors. 1" SCOTT COUNTY OFFICE OF THE ADMINISTRATOR u' 1 0 1996 COURTHOUSE 110 . __, a. .0 "cam 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1382 (612) 496-8100 GARY L. CUNNINGHAM Fax: (612) 496-8180 COUNTY ADMINISTRATOR July 9, 1996 Acting City Administrator Paul Bilotta City of Shakopee 129 South Holmes Shakopee, MN 55379 Dear Acting City Administrator Bilotta, At the request of the Scott County Board of Commissioners,I have enclosed a discussion draft regarding a proposal to establish the Scott County Leadership Forum(SCLF) for your consideration, review and comment. In these times of fiscal restraint it is important that we develop new mechanisms to increase our efforts of collaboration and cooperation. The SCLF may be one means to achieve this worthwhile goal. It would be greatly appreciated if The City of Shakopee would provide the Scott County Board of Commissioners with feedback and input on the attached leadership forum proposal. If The City of Shakopee is interested in participating in the SCLF, or if you have additional feedback or other comments, please respond by August 1, 1996. If you need further information or clarification, please feel free to contact me at 496-8480. Thank you in advance for your consideration and input. With best regards, ii // .i Gary L. Cunni ham ,-' County A Inistrator /t Enclosure cc Scott County Board of Commissioners Scott County Legislative Delegation GLC:pmd An Equal Opportunity/Safety Aware Employer SCOTT COUNTY LEADERSHIP FORUM A DISCUSSION DRAFT July 5, 1996 Scott County local governments are currently undergoing profound transformation in their social, political and economic institutions. Some of the major issues facing Scott County local governments, such as growing population, education, tax reform, land and water issues, intergovernmental cooperation, telecommunications and developing a regional information infrastructure, Federal and State devolution, annexation, housing and economic development will have a significant impact on the future health, security and vitality of our community. If Scott County is to continue to be a great place for people to live and work, a place where families grow and thrive, the County, cities, school districts and townships wiil need to work cooperatively to develop creative and innovative solutions that foster fiscal responsibility,teamwork and positive relations with the community. Presently, there is no County-wide forum for local government political and appointed leaders to discuss critical concerns that will impact Scott County's future. There are several worthwhile discussions and forums on specific issues, such as the Scott County Economic Development Coalition, monthly meetings of city and county administrators,township quarterly meetings and Scott Family Net among others. The county, cities, schools districts and townships in Scott County have demonstrated a collaborative approach in working together on a variety of topics, however,there is a need for political and appointed leaders to have a regular exchange of ideas on issues of county wide significance. Public policy discussions of this nature will lead to better understanding and cooperation among Scott County local governments. This will in turn lead to greater efficiencies in service delivery and coordination of local government activities. The proposed Scott County Leadership Forum (SCLF)would be comprised of an elected official from each city,the County, each school district,three representatives from the Scott County Township Association, and one staff representative from each of the entities. Scott County legislators would serve as ex-officio members of the SCLF. The SCLF would have no jurisdictional or legal authority but would be an advisory body to discuss issues of critical importance to the future of Scott County and make recommendations to the respective elected political bodies. Each local government would have the opportunity to place items on the agenda for consideration and make presentations to facilitate discussion. Scott County would initially support arranging the location and record keeping for such meetings. The initial meeting would be chaired by the representative from the Scott County Board of Commissioners until such time as a regular chairperson could be selected from the body. The first quarterly meeting of the SCLF would be hosted by Scott County at its facility, with subsequent meeting locations at sites of other participating members. An Executive Committee made up of one representative from each of the participating jurisdictions would be elected • by the whole membership of the SCLF. The Executive Committee would meet monthly and prepare presentations and recommendations for consideration by the full SCLF membership. The establishment of the SCLF as an ongoing dialogue among local officials would help local governments to proactively plan and address concerns that impact Scott County as a whole. It will also serve as forum to share important information that may impact specific communities within the County. By creating the SCLF local governments can begin to build bridges that transcend traditional barriers to cooperation, and innovation that impede effective and efficient service delivery to Scott County Citizens. SCOTT COUNTY OFFICE OF THE ADMINISTRATOR 1 c 996 COURTHOUSE 110 ACM> 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1382 (612) 496-8100 GARY L. CUNNINGHAM Fax: (612) 496-8180 COUNTY ADMINISTRATOR July 9, 1996 Acting City Administrator Paul Bilotta City of Shakopee 129 South Holmes Shakopee, MN 55379 Dear Acting City Administrator Bilotta, At the request of the Scott County Board of Commissioners, I have enclosed a discussion draft regarding a proposal to establish the Scott County Leadership Forum (SCLF) for your consideration, review and comment. In these times of fiscal restraint it is important that we develop new mechanisms to increase our efforts of collaboration and cooperation. The SCLF may be one means to achieve this worthwhile goal. It would be greatly appreciated if The City of Shakopee would provide the Scott County Board of Commissioners with feedback and input on the attached leadership forum proposal. If The City of Shakopee is interested in participating in the SCLF, or if you have additional feedback or other comments,please respond by August 1, 1996. If you need further information or clarification, please feel free to contact me at 496-8480. Thank you in advance for your consideration and input. With best regards, 01/7/ c., Gary L. Cunni ham County Adrrlmistrator Enclosure cc Scott County Board of Commissioners Scott County Legislative Delegation GLC:pmd An Equal Opportunity/Safety Aware Employer SCOTT COUNTY LEADERSHIP FORUM A DISCUSSION DRAFT July 5, 1996 Scott County local governments are currently undergoing profound transformation in their social, political and economic institutions. Some of the major issues facing Scott County local governments, such as growing population, education, tax reform, land and water issues, intergovernmental cooperation,telecommunications and developing a regional information infrastructure, Federal and State devolution, annexation, housing and economic development will have a significant impact on the future health, security and vitality of our community. If Scott County is to continue to be a great place for people to live and work, a place where families grow and thrive, the County, cities, school districts and townships will need to work cooperatively to develop creative and innovative solutions that foster fiscal responsibility, teamwork and positive relations with the community. Presently, there is no County-wide forum for local government political and appointed leaders to discuss critical concerns that will impact Scott County's future. There are several worthwhile discussions and forums on specific issues, such as the Scott County Economic Development Coalition, monthly meetings of city and county administrators, township quarterly meetings and Scott Family Net among others. The county, cities, schools districts and townships in Scott County have demonstrated a collaborative approach in working together on a variety of topics, however,there is a need for political and appointed leaders to have a regular exchange of ideas on issues of county wide significance. Public policy discussions of this nature will lead to better understanding and cooperation among Scott County local governments. This will in turn lead to greater efficiencies in service delivery and coordination of local government activities. The proposed Scott County Leadership Forum (SCLF)would be comprised of an elected official from each city,the County, each school district,three representatives from the Scott County Township Association, and one staff representative from each of the entities. Scott County legislators would serve as ex-officio members of the SCLF. The SCLF would have no jurisdictional or legal authority but would be an advisory body to discuss issues of critical importance to the future of Scott County and make recommendations to the respective elected political bodies. Each local government would have the opportunity to place items on the agenda for consideration and make presentations to facilitate discussion. Scott County would initially support arranging the location and record keeping for such meetings. The initial meeting would be chaired by the representative from the Scott County Board of Commissioners until such time as a regular chairperson could be selected from the body. The first quarterly meeting of the SCLF would be hosted by Scott County at its facility, with subsequent meeting locations at sites of other participating members. An Executive Committee made up of one representative from each of the participating jurisdictions would be elected by the whole membership of the SCLF. The Executive Committee would meet monthly and prepare presentations and recommendations for consideration by the full SCLF membership. The establishment of the SCLF as an ongoing dialogue among local officials would help local governments to proactively plan and address concerns that impact Scott County as a whole. It will also serve as forum to share important information that may impact specific communities within the County. By creating the SCLF local governments can begin to build bridges that transcend traditional barriers to cooperation, and innovation that impede effective and efficient service delivery to Scott County Citizens. MEMO TO: V. Paul Bilotta,Acting City Administrator FROM: Bruce Loney,Public Works Director 1LG SUBJECT: Maras Street, 13th Avenue to C.R. 18 Project No. 1996-4 DATE: July 11, 1996 MEETING DATE: July 16, 1996 INTRODUCTION: Attached is Resolution No. 4468, a resolution ordering an improvement and the preparation of plans and specifications for Project No. 1996-4, Maras Street from 13th Avenue to County Road(C.R.) 18. BACKGROUND: On June 18, 1996, City Council of Shakopee adopted Resolution No. 4435 which receives the feasibility report and called for a public hearing on the Maras Street Improvement Project, from 13th Avenue to C.R. 18, and set the public hearing date for July 16, 1996. This project was included in the 1995 Capital Improvement Program and is now ready for Council consideration. Maras Street was a private street serving non sewered industrial development on the east side of Shakopee. Most of the public right- of-way has been obtained or will be obtained in the project is ordered through condemnation. Staff will give a presentation on the feasibility report at the public hearing. Staff would request that the Council bring their feasibility report from the June 18, 1996 Council packet to the meeting. On July 10, 1996, staff did conduct an informational meeting with the affected property owners to discuss the project scope, the project improvements and the associated assessments with the project. A total of ten persons attended the meeting. The consensus of the attendees were in favor of the project. At the conclusion of the public hearing, if the City Council determines that this project should be constructed, attached is Resolution No. 4468, which orders plans and specifications prepared for the project. Also attached to this memo is a revised estimated assessment roll for the Maras Street Project. This assessment roll was revised to account for the corner lot adjustment on the properties on the project. This assessment roll is an estimated amount and the final amount can vary on actual cost incurred on the project. surveying If this project is approved by City Council, authorization of design g y g services and stormwater hydraulic engineering services is necessary for the improvements. Stormwater coordination in the Eagle Creek Watershed area is needed for the future development of this area and to coordinate with the City of Savage. WSB & Associates personnel were involved in the Eagle Creek drainage report that has been utilized by the City of Savage and Shakopee for stormwater improvements in this area. Staff would recommend that the appropriate City officials be authorized to execute an engineering service extension agreement with WSB & Associates for this project. The exact work scope necessary for design surveying and stormwater hydraulic engineering services will not be known until staff meets with the property owners and the City of Savage in regard to the proposed improvements. To construct these improvements, right-of-way acquisition will be necessary. Staff is recommending that if Council approves this report and orders plans and specifications,that Council direct staff to obtain appraisals for use in purchasing the necessary right-of-way from property owners. ALTERNATIVES: 1. Adopt Resolution No. 4468, which orders plans and specifications prepared for this project as recommended by the feasibility report. 2. Adopt Resolution No. 4468, which orders plans and specifications prepared for this project as recommended by the feasibility report and as amended by City Council. 3. Determine that this project should not be constructed and deny Resolution No. 4468. 4. Table Resolution No. 4468 for additional information. 5. Move to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the design surveying and stormwater hydraulic engineering services for Maras Street Improvement Project. 6. Do no authorize the extension agreement with WSB &Associates at this time. 7. Direct staff to obtain appraisals for easement of right-of-way acquisitions associated with this project. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 4468, Alternative No. 5, to authorize the appropriate City officials to execute an extension agreement with WSB & Associates for the design, surveying and stormwater hydraulic services for the Maras Street Improvement Project and Alternative No. 7 to obtain appraisals for property acquisition. ACTION REQUESTED: 1. Offer Resolution No. 4468, A Resolution Ordering the Improvement and Plans and Specifications for Maras Street, from 13th Avenue County Road 18, Project No. 1996-4 and move its adoption. 2. Move to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the design surveying and stormwater hydraulic engineering services for Maras Street Improvement Project. 3. Direct staff to obtain appraisals for easement of right-of-way acquisitions associated with this project. BL/pmp MEM4468 n . x , a 4 N V V V V V m V V V V V V V V (/] O O N N .1 r r „ cn" _, O co cri O O o V cro O O V I.a R co 0 40i A W N N OCA _, OV 9) tT Y) N O C.i 0 0 0 0 0 o 0 0 0 0 0 0 0 o e y 6 d r lA 7E co 03 N c Co c N .'0 y C CO J .� CO CO * 2 73 73 A XI 0 A p g A 9 Vl 73 / CA [q 7 A N 7 A C 7 A O) 7 ? m 7 A O 7 A 7 p N O 0 7 7. 0 N 7. O m m j a "' 07 r. co, ° OWD P• x t a 7NC OWD = rr coW0 x coNd , C.4 7, O O ZG •`4, X I 7 O O 7a ° a R. 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A °� - m . < X A 00 II II - O D r N II O Z n .iO Z co A CO Al Co CO N W OO ril n 0) Of 00) A A N 0) N O D 0 N • m � vi Co N N H (p N 3 A CO wA co W m to N j 0) V j co Z p •ON) co v O — iC 01 V •0 0� O m 7) 0 Z 00) t- co COwN O O r p� b a N A N m in D0 CA y m N w , v, v, N CO ca 8 o m V v pAp A N se W N A A O O 00) O N 4.) o RESOLUTION NO. 4468 A Resolution Ordering An Improvement And Preparation Of Plans And Specifications For Maras Street, From 13th Avenue To County Road 18 Project No. 1996-4 WHEREAS, Resolution No. 4435 adopted on June 18, 1996, fixed a date for Council hearing on the proposed improvement of Maras Street, from 13th Avenue to County Road 18 by street, storm sewer, storm water ponding and appurtenant work; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 16th day of July, 1996, at which all persons desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the improvement is ordered as hereinafter described: Maras Street,from 13th Avenue to County Road 18 by street, storm sewer, storm water ponding and appurtenant work. 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 1996-4 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. 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O pp 0 Z O� N ID 01 o A �" CO gCam * mm mw a 1Z -i -1 Z@ ra al 0 ao a� a ago o V Si a N = O O G m S 0 0 ? 0- a Q' 0- < a - " m m a3 00 > �' `� o � 0 o' x Jm u u i O > r 1 II 73 OA zO ,H z m Nvto W w Cri o Om O > A cn m . to 03 4" NNNW N N CA ONcoO 0) m ♦ A 00 D) N O W O a)) aJ 0) or co N N N T O z �w A 03 UI O c p CO pUI CO an o O r al N A N 00) O -i m In > D C/a A Cl, M W aJ N N N N 3 No ca .74 W m CVO O N N N Z W A OD O) N O 01 N CO W O 0) W N - O O ip Memo To: V. Paul Bilotta, Acting City Administrator From: Julie Baumann, Planner I tl Meeting Date: July 16, 1996 t� Re: Vacation of Right-of-Way Discussion The City has received a petition from Edman O'Brien Partnership for the vacation of right- of-way. This right-of-way is an east/west alley located within Block 174, Original Shakopee Plat. Block 174, Original Shakopee Plat is located between 3rd Avenue and 4th Avenue along Webster Street. A copy of the July 11, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the vacation to the City Council. Alternatives 1. Approve the vacation request. 2. Do not approve the vacation request, stating the reasons for denial. 3. Continue the public hearing, and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the vacation request (Alternative No. 1). Action Requested Offer Resolution No. 4471, A Resolution Vacating An Alley Within Block 174, Original Shakopee Plat, and move its approval. i:\commdev\c61996\cc0716\vacedob.doc RESOLUTION NO. 4471 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING AN ALLEY WITHIN BLOCK 174, ORIGINAL SHAKOPEE PLAT WHEREAS, right-of-way has been dedicated as an alley measuring 16 feet in width and 300 feet in length in Block 174, Original Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS, it has been made to appear to the Shakopee City Council that this right- of-way serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 16th day of July, 1996; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; and 2. That the following right-of-way in Block 174, Original Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota, serves no further public need: (1) the alley measuring 16 feet in width and 300 feet in length, located in the center of Block 174; and 3. That the right-of-way described above is hereby vacated; and 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney i3 • CONSENT Memo To: Shakopee Planning Commission From: Julie Baumann, Planner I I s, Meeting Date: July 11, 1996 Re: Vacation of Right-of-Way Site Information: Applicant: Edman O'Brien Partnership Location: East/west alley in Block 174, Original Shakopee Plat. Block 174 is located between 3rd Avenue and 4th Avenue, along Webster Street. Current Zoning: Light Industrial (I-1) Adjacent Zoning: North: 1-2 Heavy Industrial South: R3 Multiple Family Residential East: I-1 Light Industrial West: R-1 C Old Shakopee Residential Comp. Plan: 1980: Medium Density Residential Draft 1995: Medium Density Residential MUSA: The site is within the MUSA and can be served by all municipal utilities. Introduction The City has received a petition from Edman O'Brien Partnership for the vacation of right- of-way. This right-of-way is an east/west alley located within Block 174, Original Shakopee Plat. Block 174, Original Shakopee Plat is located between 3rd Avenue and 4th Avenue along Webster Street. The City Council will hold a public hearing on July 16, 1996, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Discussion Attached is a copy of the portion of the zoning map showing the location of the subject site (See Exhibit A). Also attached (as Exhibit B) is an illustration which shows the location of the right-of-way that is being proposed for vacation. Edman O'Brien Partnership owns all of the property included in Block 174. Exhibit C is a copy of the letter submitted by the applicant.. Other agencies and city departments have reviewed this application information and staff has not received any opposition to this request. The draft 1995 Comprehensive Plan has designated this area as Medium Density Residential. This vacation is not in conflict with the goals of the Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of the vacation of right-of-way. 2. Recommend to the City Council to deny the request to vacate the right-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. Staff Recommendation Staff recommends Alternative No. 1. Action Requested Offer a motion to recommend to the City Council the approval of the vacation of the right-of- way. i:\commdevthoaa-pc11996\julyllpc\vacedob.doc Pr EXHIBIT A j�� c. \\ • AG • A fS07•q • \\N„......,....,/,,, titer t�� �;t-1 valla- t�ud dt�t� dtttt� rill k .� 11 vaVik PO►,l►id '!l11,�11S 1111 ' d C _ .� "' �Qttd ,� !t``4 dtl�id lt��. •11,un- Igo dt`i Ii1s� voles. dt�ilG / __-';;:,.: ' . A g- - _`--yie t\ % 111 t '�. ._ Atli-1 pf tat,:s l' - Int Iga --r-zu itstiC : : ���/ e� 1101-510um 1X33 - lltt_d.ltt -:, � �tlt �5� d1►�ld d gill pm dttid d�` 4•,, R 3 . 5 till WO wsilt! It d ifat �,4' p4'� > dov Vat l`�= 61 til i111I r - �`I��WI` . ` it'll d --� vial �!! des Ale al I ,i tilt ' a:13 Still .. .. ,_ .1. ASO ,,,,„,- a d CSs3 4 MEW • UN III III MI i1 __ __ II, ; mil= _ o'_ ©;15 s�� Mimi; - r—,-- ��� ®0 p��O _._ MEN _.5 __,i b 7 o!� a rapt" �w R 3 os 111 S.....:.: ill . ........ in ....„ . flq,". mnw a OWE ! 0 s u _l: bair 41r. d IBA n ■ mile NM 1.0.. .... .A .... .... .... a. • - r•. T 3• r-1111 ta:s-111 MS. MUM . Aeration ki.i ,._,-_L-__\___. t I • I , ai. .. i, - . mg Ell ; , . . _ f, ,2,., , ..., . MIMI IIIII.1111 RIM all iii- 11111 d� ___,__As., S 3 a' !�m a' �� C wsa?.. I Pou. • IR 0 � '! 1 ' } cc- amen, I•�� s h VIZ m me 9 1 s 1 c/_ ---1411111111111 vp y C,),6C`1 d tti r _._.. d � � C J . • iE A ` 0111111•1111111M. I f� Hr WEBSTER STREET C4mercial Mediation Seri/es EXHIBIT c Mediation/Arbitration Services Specializing in Construction Disputes 1066 W. 3rd Avenue James W.O'Brien,P.E. (612)496-3021 Shakopee. MN 55379 Structural Engineer FAX (612)445-5212 City of Shakopee June 6,1996 129 South Holmes Street Shakopee, Mn. 55379 RE: Vacating alley of block 174 Dear Board members, I, James W. O'Brien, own block 174 lots 1 thru 10 and have done so with Thomas Edman since 1987. I have purchased the interests of Mr. Edman and now plan to sell the building and property it sits on. The building is built on a portion of the alley. The City of Shakopee approved the construction of the building where it stands and I assumed there was no problem since I owned the entire block and have no need for the alley. The sale is being held up because Title Insurance people will not insure it until the alley is formally vacated. To the best of my knowledge there are no utilities located in this alley. I would appreciate your quick action to this matter. Yours truly,/ James W. O'Brien MEMORANDUM TO: Paul Bilotta, Acting City Administrator FROM: Judith S. Cox, City Clerkil SUBJECT: Expansion of On Sale Liguori) License - The Main Event DATE: July 10, 1996 INTRODUCTION AND BACKGROUND: Mr. John Stich from the Main Event is requesting permission to allow the consumption of intoxicating liquor outside his building on the deck on the west side of the building. If this request is granted, this license will go from a Class "A" license to a Class "B" license. The current size of The Main Event is 3, 970 sq. ft. of customer floor area which is a Class "A" license, per the city code. Class A - under 4, 000 sq. ft. ; Class B - over 4, 000 sq. ft. ; Class C - Hotel/motel restaurant/lounge. If the request of Mr. Stich is granted this will become a Class "B" license. This would free up a license in the Class "A" category and use up the three licenses in the Class "B" category. (You may remember that City Council recently approved a license for Shakopee Ballroom and Banquet Center and in doing so required them to include their dance floor in their customer floor area which made them also a Class "B" license. ) There are two issues that need to be addressed in connection with this request. City Council should consider the zoning issues raised by the Planner II as well as the noise and security issues raised by the Chief of Police. See memos attached. ALTERNATIVES: 1. Approve request 2 . Deny request 3 . Table for additional information RECOMMENDATION: Council should discuss this request and determine whether or not it is desirable to allow the consumption of intoxicating liquor outside the building on a deck. If yes, Mr. Stich should be directed to address the zoning issues with the Planning Commission. If not, Council should deny the request. h judylstich Memo To: V.Paul Bilotta, Acting City Administrator From: R.Michael Leek,Planner II Meeting Date: July 16, 1996 Re: Main Event Sports Bar&Grill Introduction: The Main Event Sports Bar&Grill is a Class II restaurant(i.e. an establishment serving food to customers which also serves alcohol or provides live entertainment)which is located in the B1- Highway Business Zone. On May 22, 1996,Building Permit No. 11915 was approved for the construction of an 18' x 36' (648 square foot)deck on the west side of the building. The restaurant may be a non-conforming use with respect to other provisions of the zoning ordinance, but is non-conforming with respect to the parking requirements found in the zoning ordinance. Staff has not commented on other possible nonconformities(e.g. impervious surface coverage, dimensions of or setbacks for parking areas)at this time since information is not available to fully analyze the site at this time. Information contained in the property file indicates that at the time of application for the building permit for the deck,The Main Event had about 37 parking spaces. Under the current zoning ordinance between 68 and 100 parking spaces would be required, dependent on whether there is or is not seating in the entire restaurant. Thus,this restaurant is non-conforming with respect to parking. The deck was apparently constructed over 4 or 5 existing parking spaces,thus reducing the amount of parking available to 32 or 33, and increasing the nonconformity with respect to parking. The Main Event does intend to use the deck as a dining and lounge area. The zoning ordinance requires 1 parking space per 50 square feet of area for Class II Restaurants and 1 parking space per 3 seats. On the basis of parking spaces per area, the new deck would require at least an additional 13 parking spaces. Thus, including the 5 parking spaces removed for construction of the deck, a total of at least 18 spaces additional parking spaces would be required to avoid intensification of the parking nonconformity. The Board of Adjustments and Appeals, of course,has broad discretion under City Code Section 11.91 Subd. 4.A.3. to impose greater requirements on a Type B nonconforming use, and could thus require closer compliance to the parking requirements. Under Section 11.91,the Main Event is a"Type B"nonconforming use,i.e. the use is permitted in the zoning district,but the site or structure are otherwise not in conformance with the ordinance. Under Section 11.91 Subd. 4. A., expansion of a nonconforming use or structure(like the expansion of the dining area represented by the Main Event's deck)is permitted only after review by the Board of Adjustments and Appeals, and only if the improvements are made in the nonconformities in accordance with the following criteria are; 1. the number and extent of the nonconformities will be reduced in conjunction with the proposed construction or intensification; 2. the impact of nonconformities upon adjacent property will be reduced in conjunction with the proposed construction or intensification;... At this time the expansion has not been reviewed by the Board of Adjustments and Appeals, and, at least with respect to parking requirements, it appears that the criteria set forth above for the use of the deck as dining area would not be met. Action Requested: The memorandum is intended to provide the City Council with background information, and no specific action is requested at this time. TO: Judy Cox, City Clerk FROM: Tom Steininger, Chief of Police SUBJECT: Main Event Liquor License DATE: 07 10 96 INTRODUCTION: The Main Event has requested to have their liquor license adjusted to allow service of alcoholic beverages on an outdoor deck. BACKGROUND: The Main Event is located at 911 1st Ave. East. From July 1993 until last year, the on-sale establishment located at this address was known as Springer's Main. Prior to July 1993 , it was known as Cheers to Ya. Recently, the operators of the Main Event constructed an open deck on the west side of their building. They are now have requesting that their liquor license be amended to allow sale and consumption of alcoholic beverages on the deck. The Police Department the following concerns in this area: 1. Noise has been an ongoing problem at this location which is very close to several homes. Residents of these homes have appeared before Council in the past seeking relief from the noise. Since 1989, there have been 108 noise complaints recorded at this location. Noisy crowds on an outdoor deck will exacerbate this situation significantly. 2 . Consumption of alcoholic beverages by minors or persons outside the confines of the deck. 3 . More and more people seem to becoming before Council seeking permission to serve alcoholic beverages outdoors. Whenever such permission is granted, it serves as an invitation for someone else to come forth with another request. It also makes it more difficult for Council to deny subsequent requests of this nature. ALTERNATIVES: 1. Allow the Main Event to serve liquor on their deck. 2 . Do not allow the Main Event to serve liquor on their deck. RECOMMENDATION: Alternative #2 . RECOMMENDED ACTION: Deny permission to serve alcoholic beverages on the deck outside the Main Event. 06. 2;- 96 16:24 1-Al j uu1 J4 Th, ,_,...,,_,....... „ e Main Event A ,1 Sports Bar and Grill k v r 3 , ,„. .,., ,, , 4 .t.:" • '▪ ,T'' 911 East First Avenue • Shakopee, MN 55379 SPORTS Rxa au Phone- (612) 496-9044 Fax- (612) 496-3991 spo .'4 Gnu 6/26/96 City of Shakopee Attn: Judy Cox 129 Holmes Street South Shakopee,MN 55379 Dear Judy, Last month I applied for a building permit to construct a deck on the west side of my building. I applied with the city,and was granted permission to construct Upon inspection,everything was ok'd by the city inspector. Then,last week,in a conversation with you,you asked if I would be serving liquor on the deck_ Obviously that was my intention from the start You then advised me that I must amend my liquor license application to include the deck,and must do so with the Mayor and the City Council. You also included that talking to the Chief of Police might not be a bad idea, either. I spoke to the chief,and he commented that since this property has been The Main Event Sports Bar&Grill,the number of police calls has dropped quite substantially compared to prior tenants of this property. I also informed Chief Stieninger that any time there's anything I can do to work with the police,I'm always more than cooperative,and willing to assist them in any way. Regarding the deck, the chief had some concerts regarding minors and an outside alcohol issue_ But I assured him that when alcohol is being served on the deck,there will be security present to assure no passing of liquor to minors. Also,there will be no outside entrance to the deck,so all people that go on the deck must first come through the bar. I'm confident that any liquor issues on the deck will t m business but to o , dealt with b myself and m staff,and this deck will be an asset not only y bed Y Y Y the community as well. At this time,I ask that I be put on the July 2nd, 1996 agenda for the City Council meeting,and that my liquor license be amended to include my newly build 18'X 36'deck. If anyone from the city would like to personally take a look at the new deck,or has any reservations regarding this deck, they are more than welcome to stop in and check it out,or call me. I'd be more than willing to help answer any questions they might have. Also,I understand that by including this area to my liquor- serving square footage,it increases my license fee. I have no problem paying the additional charge. Thank you, and I look forward to attending the July 2nd City Council Meeting. Sincerely, i-- .1,.? --. iJohn Stich,President The Main Event of Shakopee,Inc. MEMO TO: Paul Bilotta, Acting City Administrator FROM: Mike Beard, Derby Days Chair RE: Shakopee Derby Days DATE: July 3, 1996 INTRODUCTION: The 1996 Derby Days Committee is currently in the process of finalizing plans for this years celebration. In the past, the Shakopee City Council has supported the Derby Days activities through a variety of means including providing Public Works Maintenance Crew assistance in preparing for the celebration and clean up following the event. BACKGROUND: The 1996 Derby Days Celebration will be held between August 1st and August 3rd. Events scheduled for Thursday, August 1, 1996 include Sidewalk Sales, a Farmers Market, and the Taste of Shakopee. Due to the tremendous success of the Taste of Shakopee, the Derby Days Committee would like to request permission to once again have this event on 1st Avenue between Holmes and Lewis Streets. No parking will be allowed on 1st Avenue beginning at approximately 3:00 p.m. to allow time to set up for the Taste. The street will be reopened immediately following the event. The Derby Days Committee is requesting City Council to approve the sale of goods on City property for the Taste of Shakopee, Food and Refreshment Vendors, Craft Vendors, and Business Merchants during the Derby Days Celebration. Section 7.08 of the Shakopee City Code allows for the sale of goods upon public property with City Council approval. The Derby Days Committee would also once again like to request that the City Council authorize the Public Works Department to assist the Derby Days Committee in preparing the Taste of Shakopee site and the downtown area for this years celebration. Typical work tasks include delivering picnic tables, refuse containers, pick up and delivery of barricades and benches and clean-up. The tasks requested for assistance this year are similar to those performed by the Public Works Department in previous years. On Saturday, August 1, 1996, the Derby Days events will also include a 5K Run. The 5K run will start and end in front of Bill's Toggery. 1st Avenue between Holmes and Lewis will be blocked off for this event for approximately 1 hour. The Police Chief has been advised of the 5K Run route and the appropriate permit has been secured from the Police Department. This year the majority of events with the exception of the Farmer's Market, Basketball Tournament, and Car Show will be held in Downtown Shakopee. The request for an evening Street Dance to be held on Friday, August 2nd is being handled as a separate Council item. One of the biggest events associated with Derby Days is the 2nd Annual Derby Days Parade. The parade route permit has been reviewed and approved by the Shakopee Police Chief. The Derby Days Committee will be utilizing a number of volunteers and Sheriff's Reserves to control traffic during the parade. Shown in Attachment #1 is a map illustrating the parade route. At this time, over 70 units have registered for the parade. In summary, the Derby Days Committee would like to request City Council approval of the following items: 1. Permission for the sale of goods on public property. 2. Permission to utilize Public Works Maintenance Crews to assist in preparing for the celebration and to assist in clean up following the events. 3. Permission to close certain streets during a variety of times for various events associated with the Derby Days Celebration. ALTERNATIVES: 1. Move to approve the assistance request as submitted by the Shakopee Derby Days Committee for the 1996 Derby Days Celebration. 2. Do not approve the assistance request as submitted by the Shakopee Derby Days Committee. 3. Table action pending further information from staff STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Move to approve the following items as submitted by the Shakopee Derby Days Committee for the 1996 Derby Days Celebration: 1. Permission for the sale of goods on public property. 2. Permission to utilize Public Works Maintenance Crews to assist in preparing for the celebration and to assist in clean up following the events. 3. Permission to close certain streets during a variety of times for various events associated with the Derby Days Celebration. 4.4 b 1-1 N M •1 \O (I) Cl) V aq O aMn iaWW0S a .° .; .,..) ., ,,, .. . ,,, . , A_,, ti ,i--e r sottal \ x o ) U situnino: a) ,, (1 t V aA 44 a V . 4 O w c 61 - Cd ' a 0 egt apoomw A" •o esU i--+ .'.4, w foaS MEMO TO: Paul Bilotta, Acting City Administrator FROM: Mike Beard, Derby Days Chair RE: Shakopee Derby Days Memo Addendum DATE: July 8, 1996 Following the parade, a new event called"Thunder Road Derby" sponsored by the Shakopee Optimist Club will be held on Lewis St. between 2nd and 4th Avenues. The committee is asking permission to close this section of Lewis St. between noon and 2:00 p.m. The police chief has also been advised of this event.and the appropriate permit has been secured from the Police Department . The Derby Days Committee would like to request that 1st Avenue between Holmes and Lewis Street be closed for the street dance on Friday between 3 :00 PM and 11 :00 PM, approximately. MEMORANDUM 0P U TO: V. Paul Bilotta, Acting City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Temporary 3 .2 Beer License - Shakopee Jaycees DATE: July 12, 1996 INTRODUCTION AND BACKGROUND: The Shakopee Jaycees have made application for a temporary 3 .2 beer license for August 2nd and 3rd in conjunction with the Derby Days activities. They are also sponsoring a street dance on Friday night which will be held on First Avenue between Holmes Street and Lewis Street. The Jaycees wish to sell beer on the north side of 1st Avenue in front of the old city hall building during the street dance. They wish to sell beer in the municipal parking lot across the street from Bill ' s Toggery on Saturday. These are the same locations where they were granted a license and sold beer last year during Derby Days. It is their intent to have a double fence around the area where the consumption of beer will take place in order to insure that beer can not be handed across the fence to another. The application for the temporary beer license is in order. The Jaycees have provided proof of the required liquor liability insurance as well as the public liability because they will be licensed on city property. ALTERNATIVES: 1. Approve 2 . Deny 3 . Table RECOMMENDED ACTION: Approve the application and grant a temporary non-intoxicating malt liquor license to the Shakopee Jaycees within the First Avenue right-of-way between Holmes Street and Lewis Street for August 2nd and within the municipal parking lot located at the northeast corner of Lewis and 2nd Avenue for August 3rd. Memo to City of Shakopee re: locations of beer garden for Derby Days The beer garden for the Friday Night Street Dance will be located on the north side of First (1st) ave in front of the old City Hall building. The beer garden for Saturday beer sales will be located in the parking lot northeast corner of second (2nd) ave and Lewis st. by the alley. RECEIVED C9(1/1 /3 JUL 1 2 1996 rlOy Day s )jeer CITY OF SHAKOPEE 9/17"as9 e"1'7'en ide Ve toiVY7.e •=1 ope e X : De tr Grgri 'a SLlir o Peee. Oxc e-e-.S PARK 8 'E•, - 182 BLDG. NUBER LEVEE DR. „I • ARK 14-1-1_1 161 d!/1Q z I Ihil 1'�" i�1I!�i�of• 11111 —,'' _ o t.■ First AveA = p 16p 6 a���115191� i I. •■ s IlL . Ci� 1.71:7101: ' r l NW s i(Hall � i - III 12N) AYE CMICAGOLII _�,.r�CSZe.,.+� I LQAIL2 7 I l iI 1 I l L I I II +I I 11 0I I I I6 0_3 • PARK/NG Q ■S■S• 1�2J, 6 10 2� 6 !pI e 6 It 15 IEI Sill r• 30 si S i 1.44,T'44..?... 4:C I11 I l I 1 1 11 1 • ■ Third Ave • Finish ,.■1k■• •■•/ • I I 16 10I 1116 I JO 6 • 0 I 6 !OI 6 Il, • II - ! I ta I 49 I l r5 J I 5` S l'' • Start . •■•■.■.■•■•■•■•■,•■•■ Fourth Ave r0 ( I�,�6 Court I y 10 56 6 1 0 1 6 r0I 6 10 I 1 I N i! rl 15 Hoase = I 1 J I 1S 13 II I'4 S Fil5r. AVE • III Ii 1.:4;.".C'%S%-S ' . . . . ice 4..r......"aaa 1 4b.4.11..4.•.•-1..•1•,• •.a.• • •4 •• • • • . Z /c TO: Judy Cox, City Clerk FROM: Tom Steininger, Chief of Police SUBJECT: Jaycee Beer Garden DATE: 07 15 96 The Police Department does not object to the Jaycees maintaining a beer garden during Derby Days under the conditions set forth in your memo. MEMO TO: V. Paul Bilotta,Acting City Administrator FROM: Bruce Loney,Public Works Director 4,, SUBJECT: McKenna Road Construction, Project No. 1996-7 DATE: July 11, 1996 MEETING DATE: July 16, 1996 INTRODUCTION: Attached is an agreement between the Shakopee Mdewakanton Sioux Community (SMSC) and the City of Shakopee regarding surfacing the unpaved portion of McKenna Road, within the Corporate Limits of the City of Shakopee. This agreement is for Council review and approval in order for the City to construct McKenna Road, from its current gravel surface to a paved surface road, per City Design Standards. Also attached to this memo is Resolution No. 4462, a resolution ordering plans and specifications for the construction of McKenna Road in the Corporate Limits of the City of Shakopee, and an extension agreement with WSB & Associates, Inc. for the plan preparation of the proposed McKenna Road construction project. BACKGROUND: On June 4, 1996, City Council directed staff to prepare an agreement with the SMSC for the construction of McKenna Road, from County Road (C.R.) 16 to the South Corporate Limits of the City of Shakopee. On July 2, 1996, staff presented the draft agreement for Council consideration with four policy issues for discussion. City Council provided staff direction on these issues and an agreement has been redrafted by SMSC's attorney, and reviewed by the City's attorney to include the items discussed at City Council. Staff will review the agreement with Council at the City Council meeting. ALTERNATIVES: 1. Authorize the appropriate City officials to execute an agreement between the SMSC and the City of Shakopee regarding surfacing the unpaved portion of McKenna Road. 2. Offer Resolution No. 4462, a resolution ordering plans and specifications for the improvement of McKenna Road, from C.R. 16 to the South Corporate Limits of the City of Shakopee, and move its adoption. 3. Authorize the appropriate City officials to execute a consultant extension agreement, for engineering services on the McKenna Road Project, at a cost not-to-exceed $21,000.00 with WSB &Associates, Inc. 4. Deny Resolution No. 4462, and do not enter into an agreement with SMSC for the improvement of McKenna Road and table for more information. RECOMMENDATION: Staff recommends Alternative No.'s 1, 2 and 3, as the agreement prepared for the improvement of McKenna Road adequately protects the City and has provisions for cost reimbursement by the Community to the City for these improvements. Staff also recommends executing the consultant agreement with WSB & Associates, to complete this project this year, as desired by the Community. ACTION REQUESTED: 1. Authorize the appropriate City officials to execute the agreement between the Shakopee Mdewakanton Sioux Community and the City of Shakopee regarding surfacing the unpaved portion of McKenna Road. 2. Offer Resolution No. 4462, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for McKenna Road, from County State Aid Highway 16 to the South Corporate Limits of the City of Shakopee,Project No. 1996- 7 and move its adoption. 3. Authorize the appropriate City officials to execute a consultant extension agreement for engineering services, on the McKenna Road Project, at a cost not-to-exceed $21,000.00 with WSB &Associates, Inc. BL/pmp MEM4462 RESOLUTION NO. 4462 A Resolution Ordering An Improvement And the Preparation of Plans And Specifications For McKenna Road, From County State Aid Highway 16 To The South Corporate Limits Of The City Of Shakopee Project No. 1996-7 WHEREAS, the Shakopee Mdewakanton Sioux Community,a federally recognized Indian Tribe(the Comunity), desires to see the unpaved portion of McKenna Road,within the City of Shakopee Corporate Limits,improved to a bituminous paved surface; and WHEREAS, the Community is willing to pay the costs associated with such road surfacing; and WHEREAS, the City of Shakopee is willing to administer the design and construction of such road surfacing; and WHEREAS, an agreement between the Community and the City of Shakopee, regarding surfacing the unpaved portion of McKenna Road, has been prepared for the improvements to McKenna Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such improvements are hereby ordered as proposed in the agreement dated July 2, 1996. 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 1996-7 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee,Minnesota, held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 07/12/96 11:52 FAEGRE AND BENSON - 6124453856 NO.488 1702 FAEGRE & BENSON 'ROFIB61ONA6 LAMITEO 61AB11.1T• PARTNRR6M1P UQO NORWEgt CENTER,90 Sovnt SEVENTH STRUT !ANNE/4E0L&,MniNESalrA 5S40a-39oi CHAD M.OI.DPAT R 7Eygp1t0NE @1y336-9000 617/3363423 PACO M11t0 612.935'3028 July 12, 1996 BY TE[,ECOPY Ms Karen Marty 445-3856 City Attorney City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Re: Shako ee Sioux Communi Dear Karen: I have enclosed clean copies of the two agreements relating to the paving thef cKenna Road. As we discussed,these agreements have not been reviewed by anyone n Community and remain subject to their review and approval, Please be sure to note this contingency in forwarding the documents to the council members. Please call with any questions. WV yours, Chad M. Oldfather Enclosures 1 cc: William Hardacker Richard Duncan Minneapolis Dower Des Moines Washington,D.G. London Frankfurt Admaly 07/12/96 11:53 FAEGRE AND BENSON -4 6124453856 NO.488 D03 AGREEMENT BETWEEN THE SHAKOPEE MpE1NAKANTON SIOUX COMMUNITY URFACINC3 AND THE CITY OF SHAKOPEE REGARDING THE UNPAVED PORTION OF MCKENNA ROAD This Agreement is made this 2nd day of July 1996 by and between the Shakopee Mdewakanton Sioux(Dakota) Community, a federally recognized Indian Tribe organized pursuant to 25 U.S.C. §476("Community"), and the City of Shakopee, a municipal corporation in Scott County, Minnesota ("City"). WHEREAS the Community desires to see the unpaved portion of McKenna Road (as further described below) surfaced and is willing to pay the costs associated with such road surfacing; and WHEREAS the City is willing to administer the design and construction of such a surfaced road, NOW THEREFORE in consideration of the mutual promises and conditions hereafter contained the parties agree as follows: 1. Undertakings Of The City. The City agrees to undertake the following activities: a. Thg Improvem,_ants. The City shall administer the construction of a 1 ton design, 38' wide graded, 28' wide bituminous surface road on the unpaved portion of McKenna Road,which is generally described as a portion of the city street known as McKenna Road beginning at the center line of Sections 15 and 22, Township 115 North, Range 22 West, a distance of approximately 4,950 feet outlying the City of Shakopee, County of Scott, State of Minnesota, as shown on the attached Exhibit A(the'improvements"). Such construction shall include subgrade preparation, 07/12/96 11:53 FAEGRE AND BENSON 6124453856 NO.488 904 sub-base and base preparation, permanent surfacing, right-of-way grading,traffic signing, and all appurtenant facilities including any necessary drainage facilities (as shown on approved plans filed in the office of the City Engineer). b. Construction Plan And royal Thereof. The City will engage a duly registered professional civil engineer authorized to practice within the State of Minnesota to prepare detailed plans, specifications, and a cost estimate for complete installation of the Improvements, in accordance with City Design Criteria and Standard Specifications and submit same to the Shakopee Public Utilities manager and the Community. The City Engineer will include in such cost estimate the estimated engineering, material testing, survey and inspection costs to be incurred in connection with installation of the Improvements. The City's internal costs shall be limited to those costs incurred by the Engineering Division of the Department of Public Works. The amount of the cost estimate shall be referred to herein as the Estimated Cost. c. Construction. Upon the City Council adopting a resolution approvingthis Agreement, the improvements shall be administered and constructed, in all respects not inconsistent with the terms of this Agreement, as other City improvements made pursuant to the provisions of M.S.A. Chapter 429 and other applicable statutes. That is: 1)The City shall have sole responsibility for administration of the project; 2)The City will use its best efforts to meet the completion schedule appended as Exhibit B, but will not be responsible for any damages as a result of delays in the project; 3) The project administered by the City shall allow for any increase in project cost as permitted by M.S.A. 429 (but not to exceed 110% of the cost 2 O7/12/96 11:53 FAEGRE AND BENSON 6124453856 N0.488 DOS amount on the accepted bid); and 4) Any changes or any additional work required shall be approved by the City and Community. d. Final royal. After approval of final plans and specifications by the City Engineer and following acquisition of all necessary easements as provided herein, the City shall advertise for bids for a three week period as required by Minnesota Statutes § 429.041. subd. 1. The City shall present the bids to the Community for its review upon receipt. The Community shall have ten (10) days from receipt of the lowest and best bid in which to determine whether to proceed with the project, with failure to make a written election within such period deemed to be a determination not to proceed. If the Community agrees to continue this Agreement for construction of the Improvements, the Community shall, within five (5)days of its election to proceed, make the deposit described in Section 3. Promptly following such deposit, the City shall award contracts for the installation of the Improvements under the City's complete supervision. The City shall be responsible for preparing and conducting the bidding process, including preparing legal documents for use with the contractor(s)receiving the award. e. Easements. Subject to the Community's obligation to grant easements pursuant to Section 2(c), the City shall be responsible for obtaining all necessary easements to establish an 80' corridor for installation of the improvements. Easement acquisition costs shall be included in project costs; provided that the City shall be solely responsible for all costs associated with the acquisition of additional area beyond that necessary to create an 80' corridor. The allocation of such costs, in the case of easements obtained from third parties, shall be pro-rata based on land 3 07/12/86 11:54 FAEGRE AND BENSON 4 6124453856 NO.488 006 area. In the case of easements obtained from the Community, the Community shall be reimbursed for the fair market value of such additional area. In the event of a disagreement regarding fair market value, the matter shall be referred to an independent appraiser approved by both parties,whose determination shall be final and binding. f. Inspection And Test ng. The City shall be responsible for inspection during and upon completion of installation of the Improvements, and construction testing. g. Maintenance_. The City shall maintain the Improvements at its expense. h. Future lmorovemen . If at a future date the City determines to upgrade the Improvements to above a 7 ton design, 38'wide graded, 28' wide bituminous surface road, the City shall be responsible for the cost of such future improvements. 2. Undertakings Of The Community. The Community agrees to undertake the following activities: a. payment Costs. The Community agrees to pay the entire actual cost of the installation of the Improvements, including any reasonable engineering, material testing, survey and inspection costs, expenses of the Engineering Division of the Public Works Department and land/easement acquisition costs incurred by the City, up to an amount not to exceed 110% of the Estimated Cost, but excluding the City's other internal overhead and administrative costs. 4 07/12/96 11:54 FAEGRE AND BENSON -4 6124453856 NO.488 D07 b. Decisions To Proceei Or Terminate. (a) Prior to incurring any land/easement acquisition costs hereunder, the City shall submit to the Community for its review the total amount of such costs for which the Community is responsible. Upon receipt of such amount, the Community shall have ten(10) days in which to determine whether to proceed with the project, with failure to make an election within such ten (10) day period deemed to be a decision not to proceed. (b)The Community shall determine upon receipt and review of bids for construction of the Improvements whether to proceed with such construction or not to proceed and to terminate this Agreement, and shall notify the City of its decision, prior to award of the contract for construction. (c) In the event the Community determines not to proceed and terminates this Agreement pursuant to (a) or(b)above, the Community nonetheless agrees to pay the actual engineering, material testing, survey and inspection costs and expenses of the Engineering Division of the Public Works Department of the City incurred to the date of termination, but shall have no other obligations hereunder. c. Easements. The Community shall make available to the City, at no cost to the City, all permanent or temporary easements over property owned by the Community necessary for installation of the Improvements. Subject to the provisions of Section 1(e), such easements shall be of a width sufficient to allow for placement of overhead electric lines such that the lines will not have to be relocated in the event the City determines to upgrade the improvements as described in Section 1(h). 3. Payment Method. Upon execution of this Agreement, the Community &hail deposit into eterow with the Shakopee office of Chicago Title 5 07/12/96 11:55 FAEGRE AND BENSON 4 6124453856 N0.488 D08 Insurance Company the amount of$25,000 for payment of engineering, material testing, survey and iinspection costs and the expenses of the Engineering Division of the Department of Public Works plus the Community's share of estimated land/easement acquisition costs. If the Community then determines to proceed with construction of the improvements it agrees, prior to award of the contract, to place 110% of the Estimated Cost of the installation of the improvements into escrow. The deposits into the escrow account shall be invested according to reasonably prudent instructions from the Community, and all interest earned on monies in the account shall be paid periodically to the Community. The escrow agreement shall further provide for release of funds to the City for payment to contractors upon monthly presentation of invoices for work certified by the City as completed. Prior to the presentation of each invoice, the City shall solicit the Community's input regarding the work covered thereby, provided that the failure to obtain such input within a reasonable time shall not impair the City's ability to submit an invoice. In the case of the City's expenses, the invoice shall detail on an hourly basis the actual work performed to date. In the event of contingencies which raise the cost of installation of the improvements over the Estimated Cost, the Community shall pay such additional costs (up to a maximum of 110% of the Estimated Cost)within thirty (30) days of presentation by the City of invoices for work certified by the City as completed, accompanied by a statement of the nature of the contingency. 4. Additional Provisions. This Agreement includes the following additional provisions: 6 07/12/96 11:55 FAEGRE AND BENSON 4 6124453856 NO.466 D09 a. Notices. Any notices permitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States Mail to the addresses hereinafter set forth by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or when deposited in the United States Mail in accordance with the above. Addresses of the parties hereto are as follows: If to the City: City Administrator City Hall 129 East First Avenue Shakopee, MN 55379 If to the Community: Stanley R. Crooks, Chairman Shakopee Mdewaka ton Sioux (Dakota) Community 2330 Sioux Trail N.W. Prior Lake, MN 55372 With a copy to: Tribal Administrator Shakopee Mdewakanton Sioux (Dakota) Community 2330 Sioux Trail N.W. Prior Lake, MN 55372 b. incorporation By Refe en . All City of Shakopee Design Criteria, Standard Specifications, including bonding provisions, the approved plans, addenda, change orders, special provisions, proposals, specifications and contract for the improvements furnished and let pursuant to this Agreement shall be and hereby are made part of this Agreement by reference and as if set out herein in full. c. Authorizatign. Each party warrants and represents to the other that it has full authority to enter into this Agreement and holds the other harmless from any claim that such authority does not exist. 7 07/12/96 11:56 FAEGRE AND BENSON -> 6124453856 N0.488 D10 d. He din s. The headings in this Agreement are informational only and are not intended by the parties to alter the terms of the text of the Agreement. e. Disputes. Any disputes hereunder shall be resolved through med-arb before a qualified neutral, using the procedures of Rule 114, General Rules of Practice for Minnesota District Courts. Notwithstanding the foregoing or anything to the contrary contained herein, nothing in this Agreement shall be construed as a waiver of the Community's sovereign immunity or as acquiesence to the jurisdiction of any court. f. ermination. The City shall have the right to terminate this Agreement upon 30 days written notice in the event conditions beyond its control render construction of the road impractical or impossible. Either party shall have the right to terminate this Agreement upon a breach by the other party which continues fifteen(15)days after receipt of written notice of such breach (provided that if the breach is of such a notice that it cannot reasonably be cured in such period, the breaching party shall be deemed to have timely cured if it commences such cure within fifteen (15) days after receipt of notice and diligently proceeds it to completion). 8 07/1296 11:56 FAEGRE AND BENSON -) 6124453856 N0.488 D11 IN WITNESS WHEREOF, the City and the Community have caused this Agreement to be duly executed on the day and year first above written. CITY OF SHAKOPEE By - — Mayor By City Administrator By City Clerk SHAKOPEE MDEWAKANTON SIOUX (DAKOTA) COMMUNITY By — Its Chairman M1:0145372.07 9 07/12/96 11:56 FAEGRE AND BENSON 4 6124453856 NO.488 D12 7/10/96 ESCROW AND DISB SE NT AGR'EEMEN'T THIS AGREEMENT is made and entered into this day of July, 1996,by and among CHICAGO TITLE INSURANCE COMPANY,a Missouri corporation (hereinafter referred to as the"Escrowee"),the CITY OF SHAKOPEE,a municipal"), and the corporation in Scott County,Minnesota(hereinafter(DAKOTA)COMreferred oMiINITY,ja federally SHAKOPEE MDEWAKANTON SIOUX(D recognized Indian Tribe organized pursuant to 25 U.S.C. § 476(hereinafter referred to as the "Community"). RECITALS A. The Community and the City have entered into an Agreement Regarding Surfacing of the Unpaved Portion of McKenna Road(the"Surfacing Agreement")of even date herewith pursuant to which the City has agreed to administer the design and construction of a surfaced road for the Community, a copy of which is attached hereto;and B. The Escrowee acknowledges receipt of an executed copy of the Surfacing Agreement; and C. Pursuant to the Surfacing Agreement,the Community has agreed to place certain additional amounts into escrow(such amounts are hereinafter referred to as the "Deposits"); and D. The Community desires that the Escrowee disburse the Deposits and the Escrowee is willing to do so,on the terms and subject to the conditions hereinafter set forth. NOW,THEREFORE,for good and valuable consideration, as f receipt the sufficiency of which is hereby accicnowledged,the parties hereto agree 1. Interpretation. This Agreement is to be read and interpreted together with the Surfacing Agreement All words used herein wich are defined in the n the Surfacing Agreemen .Surfacing Agreement shall have the same meaning as is given to them 2. Escrow. The Community shall submit the Deposits to the Escrowee as required rom i to deposit the Deposits in such by the Surfacing Agreement. The Escrowee agrees P Pty funds"established interest-bearing securities,bank deposits and/or so called"money marketprovided, nationally recognized firms as are selected by the Community, and managed by rine/ al. Any however,that the primary objective of such investment shall be to preserve the principal. interest earned on the Deposits shall be periodically paid to the Community 37/12i% 11:57 FAEGRE AND BENSON 6124453856 N0.4$$ D13 3. Disbursements. The Escrowee is authorized and directed to disburse the Deposits deposited hereunder to: a. Pay construction,engineering and inspection costs,incurred in connection with the construction of the Improvements. f any, b Obtain releases and satisfactionounts due which must be certified bynd other encumbrances,ithe City. pursuant to statements 4. ConditionsPrecedent to E h Disbars t. Prior to each Disbursement hereunder, it is a requirement of this Agreement that Escrowee be furnished: a. An application for payment including a construction cost statement executed by the City and the contractor setting forth the amounts paid to date,the amounts being requested,the balance due and a certification that the worth detailed therein has been completed. b. A copy of all additional documentation required pursuant to Section 3 of the Surfacing Agreement. 5. Disbursement of Deposits b Escrowee. The Escrowee will pay the City the amounts shown in the relevant application oemhUe�n receiving from the Community and the City that the provmenaveb �mpdthe Escrowee shall return to the Community the undisbus�����of E�o°��e together ����h any from its undisbursed interest or other earning obligations hereunder. 6. Books and Records. The Escrowee will keep and maintain,at all times, full, true and accurate books and records,in sufficient detail to reflect the Disbursements made by it hereunder. The Community may during normal business hours examine all books and records of the Escrowee pertaining to the Disbursements made by it hereunder and make extracts therefrom and copies thereof. 7. Exculpation. The functions and duties assumed by the Escrowee include only those described in this Agreement,and the Escrowee is not obligated to act except in accordance with the terms and conditions of this Agreement. The Escrowee does not insure that the Improvements will be completed,nor does it insure that the Improvements when completed will be in accordance with the Surfacing Agreement,nor does it make the certifications of the City or contractor its own,nor does it assume any liability for same. The Escrowee has no liability for loss caused by an error in the certification furnished it hereunder as to work in place. The Escrowee shall not be responsible for any loss of documents or funds while such documents or funds are not in its custody. Documents or funds which are deposited in the United States mail shall not be construed as being in the custody of the Escrowee. No liability is assumed by the Escrowee to the Community as regards protection against mechanic's hen claims. 2 07/12/96 11:57 FAEGRE AND BENSON -' 6124453856 NO.488 D14 8. F• ees. The Community shall pay all escrow charges as they are determined. 9. Binding Effect. This Agreement shall be binding upon the parties hereto and their respective successors and assigns;provided,however,that the Escrowee may not assign its duties hereunder without prior written consent of the Community. 10. Amendments. This Agreement can be amended or modified only by a writing signed by the parties hereto. 11. Dis ut . Any disputes hereunder shall be resolved through med-arb before eo qualified neutral,using the procedures of Rule 114,General Rules of Practice for ed Minnesotann District Courts. Notwithstanding the foregoing or anything to the contrary rein, nothing in this Agreement shall be construed as a waiver of the Community's sovereign immunity or as acquiesence to the,jurisdiction of any court. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. CITY: THE CITY OF SHAKOPEE By: Its: By: Its: By: _ Its: COMMUNITY: SHAKOPEE MDEWAKANTON SIOUX (DAKOTA)COMMUNITY By: CHICAGO TITLE INSURANCE ESCROWEE: COMPANY 3 07/12/96 11:58 FAEGRE AND BENSON ° 6124453856 NO.488 915 111.1.11.111.111.1.11.1111.111BY:-_ MI:mw17SM td MEMO TO: V. Paul Bilotta,Acting City Administrator FROM: Bruce Loney,Public Works Director f& SUBJECT: McKenna Road Construction in City of Shakopee Corporate Limits DATE:July 16, 1996 MEETING DATE: July 16, 1996 INTRODUCTION: Attached to this memorandum is a copy of a fax and proposed agreement additions from the Shakopee Mdewakanton Sioux Community(SMSC)attorney. BACKGROUND: The proposed additions to the agreement are on page 8 of the agreement and on page 3 of the Escrow and Disbursement Agreement. These additions have language to protect the Community's sovereign immunity from the authority of the State of Minnesota or any of its subdivisions. Tribal representatives have asked that these additions be included in the agreement. Another potential addition to the agreement has been raised by Mr. Robert Long, attorney with Kennedy & Graven who will be attending the meeting in place of the recently departed city attorney. Mr. Long recommends a hold harmless clause or indemnity be added to prevent any lawsuit from the Community from any action by the City in constructing McKenna Road. If Council agrees with any of the above changes or additions to the Agreement or the Escrow and Disbursement Agreement, then the Council action should be to authorize the appropriate City Officials to execute the agreement dated July 12, 1996 and as amended by Council. RECOMMENDATION: Staff believes that the additional language requested by the Community does not change the agreement. Additional language to indemnify the City has merits since the City would not be doing this project except for the request by the Community. ACTION REQUESTED: Authorize the appropriate City Officials to execute the agreement dated July 12, 1996 and as amended by Council between the Shakopee Mdewakanton Sioux community and the City of Shakopee regarding surfacing the unpaved portion of McKenna Road. BL/bl MCKENNA2 • FAEGRE & BENSON LLP 2200 NOEWEST CUM,,90 SOUTH SEVENTH STREET MINNEAPOLIS,MINNESOTA 55402-3901 TELEPHONU 612.336.3000 FAOSISEL.g 612.336.3026 FACSIMILE TRANSMITTAL SHEET Minneapolis Fax Center(26th Floor) Facsimile No. 612/336-3026 THIS TELECOPY IS INTENDED ONLY FOR THE USE OF THE PERSON TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUMCATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S.POSTAL SERVICE. THANK YOU. Date: July 16, 1996 Time: 3 .m. (Minneapolis) Number of pages(including this page): 3 F&B File No.: Telephone , Number: 612/336-3423 From: Chad M. Oldfather �. To: Bruce Loney Fax No.: 445-6718 Phone No: Message: Bruce-- Upon review of the drafts I last sent to Karen Marty,Willie Hardacker suggested the changes shown on the attached pages. These are really in the nature of technical changes, as you will see. Who should we be dealing with now on these issues? If you do not receive all pages, please call the Fax Center at 612/336-3932 or Julie Lay at 612/336-3852. V I.• 1L., JV •_.JJ r 11.,41 t6s 1 OW TA., a16.1.JW1J��..'v.av •�.�. ..... �...� • d. Headinas. The headings in this Agreement are informational only and are not intended by the parties to alter the terms of the text of the Agreement. e. Disputes. Any disputes hereunder shall be resolved through med-arb before a qualified neutral, using the procedures of Rule 114, General Rules of Practice for Minnesota District Courts. Notwithstanding the foregoing or anything to the contrary contained herein, nothing in this Agreement shall be construed as a waiver of the Community's sovereign immunity or as acquiesence to the jurisdiction of any court gr to the authority of the State of Minnesota or any subdivision thereof. f. Termination. The City shall have the right to terminate this Agreement upon 30 days written notice in the event conditions beyond its control render construction of the road impractical or impossible. Either party shall have the right to terminate this Agreement upon a breach by the other party which continues fifteen (15) days after receipt of written notice of such breach (provided that if the breach is of such a notice that it cannot reasonably be cured in such period, the breaching party shall be deemed to have timely cured if it commences such cure within fifteen (15) days after receipt of notice and diligently proceeds it to completion). 8 8. Fees. The Community shall pay all escrow charges as they are determined. 9. BindingEffect. This Agreement shall be binding upon the parties hereto and their respective successors and assigns;provided,however,that the Escrowee may not assign its duties hereunder without prior written consent of the Community. 10- Amendments. This Agreement can be amended or modified only by a writing signed by the parties hereto. 11. Disnutes. Any disputes hereunder shall be resolved through med-aib before a qualified neutral,using the procedures of Rule 114,General Rules of Practice for Minnesota District Courts. Notwithstanding the foregoing or anything to the contrary contained herein, nothing in this Agreement shall be construed as a waiver of the Community's sovereign immunity or as acquiesence to the jurisdiction of any court or to the authority of the State of Minnesota 9r any subdivision thereof. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. CITY: THE CITY OF SIAKOPEE By: Its: By: Its: By: Its: COMMUNITY: SHAKOPEE MDEWAKANTON SIOUX (DAKOTA)COMMUNITY By: Its: 3 Ibi MEMO TO: V. Paul Bilotta, Acting City Administrator FROM: Bruce Loney, Public Works Director 13.1". SUBJECT: Self-Propelled Side Broom Sweeper Purchase DATE: July 10, 1996 MEETING DATE: July 16, 1996 INTRODUCTION: The Public Works Department is requesting City Council authorization to purchase one new self propelled side broom sweeper, as identified in the 1996 Capital Equipment Budget, Storm Drainage Division. BACKGROUND: The Storm Drainage Division of Public Works has included $40,000.00 in the Capital Equipment Budget for purchasing one self-propelled side broom sweeper. The City currently has one 1972 Rosco BH-7 self-propelled side broom sweeper. This sweeper was purchased in 1988 from Scott County Highway Department for $12,000.00. This sweeper has a number of uses: • Normal yearly spring clean up * • Clean up of pea rock after seal coating of streets * • Sweeping parking lots * • Sweeping boulevards of sand from the winter * • Sweeping trails/sidewalks • Cleaning shoulders and intersections in Shakopee City Limits • Sweeping lime at the ballfields * Side broom sweeper is used in conjunction with the City's Elgin pickup sweeper. This save time and also puts less hours/miles on the Elgin pickup sweeper. Staff is recommending purchasing one new self propelled side broom sweeper to update their equipment. The current sweeper (Rosco BH-7) is 24 years old and has been well used by the County and the City. The City of Shakopee belongs to the purchasing pool of Cities that buy through Hennepin County Purchasing at no cost. Staff has been in contact with Hennepin County Purchasing and they have received bids for two self propelled side broom sweepers that they are going to purchase. The bid was awarded to Road Machinery and Supplies (RMS) in Savage, MN and is attached for Council review. The unit bid for the Brole Model RJ300 is $27,955.19. Staff has notified RMS,the low bidder, and requested a trade in quote for the 1972 Rosco BH-7 sweeper. The trade in quote is $3,500.00. Staff feels that this is fair quote for the machine and recommends trading in the 1972 side broom sweeper with the purchase of the new sweeper. ALTERNATIVES: 1. Accept RMS's bid of $24,455.19 (including trade in) through Hennepin County Purchasing. 2. Request staff to rebid and not go through Hennepin County Purchasing. RECOMMENDATION: Staff is recommending purchasing the Brole Model RJ-300 side broom sweeper and trading in the existing sweeper with RMS . Staff has found the RJ300 to have a good track record with Hennepin County and Scott County, both owners of the Brole RJ-300. ACTION REQUESTED: Authorize purchasing the Brole Model RJ-300 side broom sweeper through Hennepin County Purchasing from Road Machinery & Supplies, for a total cost of $24,455.19 (includes trade in), to be expended from the Capital Equipment Fund (Storm Drainage Division). BL/pmp SWEEPER JUL-01-1996 07:56 FROM HENN CTY PUBLIC WORKS TO 94963179 P.02 NIDA-$T 96G DATE: June 26, 1996 TO: Barbara Sutey & Rita Blumi HENNEPIN FROM: GENERAL SERVICES - PURCHASING C..._.. ,.... SUBJECT: NOTICE OF CONTRACT AWARD CONTRACT NUMBER . . 3806A6-232 Self-Propelled Road Sweepers CONTRACT TITLE DEPARTMENT (Originating Or Main) DPW CONTRACT PERIOD From 6/24/96 To 10/10/96 PURCHASE ORDER/RELEASE CUT-OFF DATE . COMPLETION/DELIVERY DATE • BUYER No. 008 Name Al Jassim Phone348-5124 CONTRACT AMOUNT $ 31,918.00 Instrumentalities VENDOR NUMBER .000066395 VENDOR NAME Road Machinery & Supplies ADDRESS 5633 West Hwy 13 CITY, STATE, ZIP Savage MN 55378 CONTACT PERSON Phill Major Phone (612) 895-9595 FAX (612) 895-9564 ITEMS AWARDED Self-propelled road sweepers • ADO'L DISCOUNTS OFFERED FOBD - Free on Board Destination - Vendor Pays Freight -- FOBSP - Free on Board Shlipping Point - Vendor Ships and Bills Freight • DISCOUNT OFFERED FOR PROMPT.PAY Terms OTHER INFORMATION Purchase release to be provided by DPW ._.. cc: JUL-01-1996 07:57 FROM HENN CTY PUBLIC WORKS TO 94963179 P.03 EBQEQ AL (To be opened Tuesday, June 18, 1996 at 2:00 p.m.) � NTRACT N , . 38O5A6 PROPOSAL OF Rnad Machinery & $jiopl ieS Co . - ADDRESS 5633 W. Hwy. 13 CITY, STATE, ZIP Savage, MN 55378 PHONE (612) 895-9595 FAX NO. (612) 895-9564 for the furnishing and delivery of TWO (2) NEW SELF-PROPELLED ROAD SWEEPERS for Hennepin County Department of Public Works, in accordance with the attached specifications which were submitted with this Proposall and upon which this Proposal is made. Item Ng,„,, Description • att. Unit Price Total t...�. ,�t�.•- �n�T4 . Street Sweepers, new, self-propelled road 2 ea _: _ 9 E $ 49 918_DO sweepers, kick-off ti pe, per attached technical specifications. State cost and availability: A) Air conditioning B) Also available a an Option: `ew 71' Front Scraper Blade Attachment for $2500/Unit 2. Less Optional Trade-Ins: a. County Vehicle #2516 - 1988 Broce RJ300, diesel powered, self=propelled kick-off broom with approximately; 2360 hours. (5 8,000.00 ) b. County Vehicle #2517 - 1988 Broce RJ300, diesel powered, seifrpropelled kick-off broom with ($ 10,000.00 } approximately 2300 hours. TOTAL (Less Trade-Ins 2. a. and b.) 4 31 ,918.00 Delivery Date (See paragraph 8, Delivery Date.) 45 Da Xis_ Discount for payment within thirty (30) days _ -0- Additional discount for waiver of performance bond -0- Number of trained and fully qualified service people for this equipment 20 Page 1 of 2 Pages JUL-31-1996 07:56 FROM HENN CTY FUBLIC WORKS TO 94963179 F.04 CONTRACT N0. aa06A6 PROPOSAL OF_Boad Machinery & Supplies Cn . Response time on service calls 2 hrs Service contact person Sly Stocker . Service phone number (612) 895-9595 • If bid is over $50,000, have you enclosed the required Affirmative Action Plan? (See paragraph 15 of the Special Terms and Conditions) NLAYes No Manufacturer's specificatidns enclosed in duplicate Yeses No_ (See paragraph 6 of the Special Terms and Conditions.) i Have you enclosed two (2)i copies of the warranty? (See paragraph 11 of the Special Terms and Conditions.) Yes X No Sales Representative (for placing orders): Name Phil Major C _ Phone (61 n). g,”-9595 By signing this Proposal, the Bidder understands and agrees to the attached Terms, Conditions and Specifications, including Paragraph 2.4.8 entitled "STATEMENT OF NON-COLLUSION". PROPOSAL MUSS BE SUBMITTED IN TRIPLICATE ON THIS ORM ONLY STATE YOUR FIRM'S FULL LEGAL NAME Road Machinery & Su.ap1 ies Co_ (This information is for preparati n of contract forms if award is made to your firm.) SIGNATURE _ NAME Phil Major! (Please type name of contact person for contracts.) INCORPORATED IN THE STATE OF Minnesota Payment should be made io: NAME As Above _ (If different from above.) ADDRESS 5633 W. Hwy. 13 Savage CITY, STATE, ZIP � , MN 55378 —. • FEDERAL IDENTIFICATION OR SOCIAL SECURITY NO. 41-Q7713_49 (Necessary before payment can be made.) Ref. No. 100162 • Page 2 of 2 Pages I1MrJUL 10 '96 10:25AM RMS SAVAGE MN P.2 SALES,RENTAL AND SERVICE OF CONSTRUCTION,MINING AND FORESTRY EQUIPMENT SINCE 1926 ROAD MACHINERY R SUPPLIES CO. CORPORATE HEADQUARTERS 5633 Weal Highway 13 Savage, Minnesota 53'8 8 g 9595 (612) FAX(612)895.9564 July 10, 1996 City of Shakopee Attn: Gene 500 Gorman Street Shakopee, MN 55379 Trade-In Value of 1972 Rosco Model BH-7 Broom SIN 434X FOB: RMS, Savage Yard $3,500.00 In-Money If you have any further questions, please call me. Thank you, 41;440f6' ,4"1445/1/41‘, Gordon L, Johns Territory Manager Branch Offices Duluth,MN;Virginia,MN;Grand Rapids,MN;iron Mountain,MI l/ MEMO TO: V. Paul Bilotta, Acting City Administrator FROM: John H. DeLacey, Engineering Tech. III fki, SUBJECT: Cooperative Agreement with Scott County DATE: July 11, 1996 MEETING DATE: July 16, 1996 INTRODUCTION: Staff is requesting Council authorization to negotiate and draft a cooperative agreement for Council approval. BACKGROUND: The City of Shakopee has been asked by Scott County to enter into a cooperative agreement for obtaining aerial and topographic information within certain areas of the City of Shakopee. Scott County, in a joint effort with Met Council, has flown Scott County for aerial and topographic photography information. Met Council has paid for the flight and Scott County provided the ground control. The next stage is to convert the flight and ground control into a format that Cities and Counties can use. This is called stereo digitizing. Scott County is presently requesting RFP's from three metro companies that specialize in this type of work. The City of Shakopee is being asked to participate in the cost of the stereo digitizing and sharing of information that is gathered. The Engineering Department has budgeted $20,000.00 in this year's budget for this type of work. Scott County has indicted that they would also contribute $10,000.00 in addition to their providing ground control. Staff feels that this is an excellent opportunity for the City of Shakopee. There are many sections within our City Limits where aerial and topographic information is severely lacking. Most of this area is where development will be occurring in the near future. Current aerial and topographic information will benefit both the Engineering and Planning Departments. In addition, most developers are willing to purchase "good" topographic information, which will include elevations and contours. In discussions with Scott County, staff believes that with the City's budgeted money and Scott County's contribution, the City will have most of Shakopee's area mapped into 2 foot contour topography format. ALTERNATIVES: 1. Authorize staff to negotiate and draft a cooperative agreement for City Council approval, between the City of Shakopee and Scott County, for the cost sharing of obtaining aerial photography and topographic stereo digitizing for certain areas within the City of Shakopee. 2. Do Nothing. 3. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 1, due to the cost sharing and information sharing between agencies and is the most cost effective way for the City to obtain topographic information. ACTION REQUESTED: Authorize staff to negotiate and draft a cooperative agreement, between the City of Shakopee and Scott County, for the cost sharing of obtaining aerial photography and topographic stereo digitizing for certain areas within the City of Shakopee. BL/pmp PHOTO l/ MEMORANDUM TO: V. Paul Bilotta, Acting City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Pawnbroker License Transfer - American Pawn DATE: July 11, 1996 INTRODUCTION AND BACKGROUND: The City has received an application from Mr. Daryl Harry Shiber for a Pawnbroker, Precious Metal Dealer, Second Hand Dealer license. Mr. Shiber desires to purchase the current pawnshop business at 450 West 1st Avenue from John Nelson. The City Code allows the transfer of the license upon the consent of the Council and payment of the investigation fee. Mr. Shiber has completed the appropriate application and paid the investigation fee. His application is in order. The Police Department has conducted the customary background investigation and has found nothing to preclude the transfer of the license for American Pawnbrokers at 450 West 1st Avenue from Johan W. Nelson to Daryl H. Shiber. ALTERNATIVES: 1] Deny transfer 2] Approve transfer 3] Table request for additional information RECOMMENDED ACTION: Move to approve the application and grant the transfer of the Pawnbroker, Precious Medal Dealer and Second Hand Dealer License from Mr. Johan W. Nelson to Mr. Daryl H. Shiber. //h. 0 1996 MEMO TO: V. Paul Bilotta, Acting City Administrator FROM: Tom Steininger, Chief of Police RE: James Englin - Resignation of Duties DATE: July 10, 1996 Attached is a correspondence from James Englin, police officer, informing the City of Shakopee of his resignation of employment effective at the end of his tour of duty on July 21, 1996. RECOMMENDED ACTION: Accept the resignation of James Englin , Police Officer, with regrets ; and authorize staff to take appropriate action to fill the position . To: Shakopee Police Personnel 07/05/96 From: Jim Englin Re: Resignation of duties As most of you know I have been considered for a position with the Minnesota State Patrol. The State has recently extended to me an offer to join the Patrol as a Trooper Candidate. After many many days of careful thought and by seeking the advise of those around me I have decided to accept their offer. My last day will be the 21st of July and I will be starting the Trooper School on the 28th of July at the States training facility at Camp Ripley. It has been an honor and a pleasure to have worked with all of you, and I count myself fortunate that I was able to start my career in law enforcement with some of the best teachers in the business. Thank you again for all of the patience and guidance over the last year. I will do my best to let you know how I am doing during my training. S. erely, GLS✓ James R. Englin I tb MEMO TO: V. Paul Bilotta,Acting City Administrator ,72 FROM: Bruce Loney, Public Works Director G' SUBJECT: 10th Avenue Storm Sewer Laterals, Project No. 1996-5 DATE: July 9, 1996 MEETING DATE: July 16, 1996 INTRODUCTION: Attached is Resolution No. 4467, a resolution approving plans and specifications and authorizes staff to advertise for bids for the 10th Avenue Storm Sewer Laterals, Project No. 1996-5. BACKGROUND: On May 7, 1996, the City Council of Shakopee ordered the preparation of plans and specifications for the 10th Avenue Storm Sewer Laterals Project. The plans and specifications have been completed and are available for review by Council. This project consists of installing storm sewer on 10th Avenue, from County State Aid Highway 17 to Shakopee Avenue; and Swift Street, from 10th Avenue to Shakopee Avenue. Staff is proposing to bid this project similar to the 11th Avenue Storm Sewer Lateral Improvement Project in 1994. Staff will bid the storm sewer and bituminous patching work as one contract and the bituminous overlaying as another. This approach has been found to be the most cost effective in completing this type of project. ALTERNATIVES: 1. Adopt Resolution No. 4467. 2. Deny Resolution No. 4467. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4467 , A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Storm Sewer Laterals on 10th Avenue, from County State Aid Highway 17 to Shakopee Avenue; and Swift Street, from 10th Avenue to Shakopee Avenue, Project No. 1996-5 and move its adoption. RESOLUTION NO. 4467 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For Storm Sewer Laterals on 10th Avenue, From County State Aid Highway 17 to Shakopee Avenue; And Swift Street, From 10th Avenue To Shakopee Avenue Project No. 1996-5 WHEREAS, pursuant to Resolution No. 4437 adopted by City Council on May 7, 1996, Bruce Loney, Public Works Director has prepared plans and specifications for the improvement of 10th Avenue, from County State Aid Highway 17 to Shakopee Avenue; and Swift Street, from 10th Avenue to Shakopee Avenue by storm sewer laterals and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer,are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney / 6 MEMO TO: V. Paul Bilotta, Acting City Administrator FROM: Judith S. Cox, City Clerk RE: Apportionment of Special A essments for Orchard Park Second Addition DATE: July 10, 1996 INTRODUCTION AND BACKGROUND: As a result of the recent platting of Orchard Park Second Addition, it is appropriate that the existing special assessments for the construction of public improvements be apportioned against the new parcels at this time. The developer did agree to this apportionment through the execution of a developers agreement for Orchard Park Second Addition. RECOMMENDED ACTION: Offer Resolution No. 4470, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of The Platting Of Orchard Park Second Addition, and move its adoption. RESOLUTION NO. 4470 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF ORCHARD PARK SECOND ADDITION WHEREAS, on June 6, 1995, Resolution No. 4223 adopted by the City Council levied assessments against properties benefited by construction of the V. I .P. Interceptor Extension from County Road 79 to the west corporate limits, Project No. 1992-9; and WHEREAS, on November 21, 1995, Resolution No. 4348 adopted by the City Council apportioned the installments remaining unpaid against the parcels created because of the platting of Orchard Park First Addition; and WHEREAS, Outlot A, Orchard Park First Addition has been subdivided into the plat of Orchard Park Second Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against Outlot A, Orchard Park First Addition because of the platting of Orchard Park Second Addition; and WHEREAS, the property owners have agreed to the apportionment through the execution of a developers agreement for Orchard Park Second Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1996 payable remaining balance of assessments to parcel 27-204034-0 is $9, 578 .25 for the 1992-9 V. I .P. Interceptor Extension from County Road 79 to the west corporate limits and is hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that all other parts of Resolution Nos. 4223 and 4348 shall continue in effect. Adopted in adj .reg. session of the City Council of the City of Shakopee, Minnesota, held this 16th day of July, 1996 . , Mayor , City Clerk Approved as to form , City Attorney EXHIBIT A JUNE 1996 ORCHARD PARK 2nd ADDITION REAPPORTIONMENTS P.I.D. NO. PROPERTY OWNER LEGAL 1992-9 V.I.P. DESCRIPTION ASSESSMENT 27-210001-0 LAURENT BUILDERS LOT 1 BLOCK 1 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210002-0 LAURENT BUILDERS LOT 2 BLOCK 1 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210003-0 LAURENT BUILDERS LOT 3 BLOCK 1 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210004-0 LAURENT BUILDERS LOT 4 BLOCK 1 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210005-0 LAURENT BUILDERS LOT 5 BLOCK 1 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210006-0 LAURENT BUILDERS LOT 6 BLOCK 1 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210007-0 LAURENT BUILDERS LOT 7 BLOCK 1 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210008-0 LAURENT BUILDERS LOT 8 BLOCK 1 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210009-0 LAURENT BUILDERS LOT 9 BLOCK 1 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210010-0 LAURENT BUILDERS LOT 10 BLOCK 1 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210011-0 LAURENT BUILDERS LOT 11 BLOCK 1 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210012-0 LAURENT BUILDERS LOT 1 BLOCK 2 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION EXHIBIT A JUNE 1996 ORCHARD PARK 2nd ADDITION REAPPORTIONMENTS P.I.D. NO. PROPERTY OWNER LEGAL 1992-9 V.I.P. DESCRIPTION ASSESSMENT 27-210013-0 LAURENT BUILDERS LOT 2 BLOCK 2 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210014-0 LAURENT BUILDERS LOT 3 BLOCK 2 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210015-0 LAURENT BUILDERS LOT 4 BLOCK 2 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210016-0 LAURENT BUILDERS LOT 5 BLOCK 2 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210017-0 LAURENT BUILDERS LOT 6 BLOCK 2 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210018-0 LAURENT BUILDERS LOT 7 BLOCK 2 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210019-0 LAURENT BUILDERS LOT 8 BLOCK 2 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210020-0 LAURENT BUILDERS LOT 9 BLOCK 2 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210021-0 LAURENT BUILDERS LOT 10 BLOCK 2 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210022-0 LAURENT BUILDERS LOT 11 BLOCK 2 $179.65 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-210023-0 LAURENT BUILDERS OUTLOT A $5,625.95 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION TOTAL = $9,578.25 MEMO TO: V. Paul Bilotta, Acting City •dministrator FROM: Julie Baumann,Planner I / RE: Initiating the Vacation of Ri -of-Way DATE PREPARED: July 10, 1996 MEETING DATE: July 16, 1996 INTRODUCTION The attached Resolution No. 4469 sets a public hearing date to consider the vacation of a portion of Apgar Street. The portion of Apgar Street that is proposed for vacation begins at the southwest corner of the Jasper and Smith Addition and extends southerly to the point where Fuller Street connects to Apgar Street(Please see Exhibit A). DISCUSSION The attached resolution sets a public hearing for August 20, 1996. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for their consideration. At this time, the County has not turned back control of this roadway to the City. However, it is anticipated that the turnback will occur by the August 20 public hearing date. If the turnback has not occurred by this time,the public hearing could be continued. ACTION REQUESTED Offer Resolution No. 4469, A Resolution Setting the Public Hearing Date to Consider the Vacation Of Right-Of-Way, and move its adoption. i:\commdev\cc\1996\cc0716\vacphap.doc RESOLUTION NO.4469 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF RIGHT-OF-WAY WHEREAS, it has been made to appear to the Shakopee City Council that the right-of-way located within a portion of Apgar Street, City of Shakopee, County of Scott, State of Nfinnesota, serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 20th day of August, 1996, at 7:00 P.M. or thereafter, on the matter of vacating the right-of-way located within a portion of Apgar Street, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney , . AG \ \ — A,/ --------, ' ' ------ 1-- -7...r- R 2\\ \k- \, .. . 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