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HomeMy WebLinkAbout12/15/1987 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: December 10, 1987 1. School District 720 will be holding a joint meeting in January to bring the City Council and the Scott County board up to date on their plans for a Spring referendum. As soon as we get a specific date I will pass it on to you. 2. The Scott County Pheasants Forever, _n affiliate of the national organization Ph :-.asants Forever, is applying for a gamblinglicense for a raffle to be conducted in conjunction with their annual banquet. This activity is in conformance with the City Code. 3 . The Dh'R has indicated to Tom Brownell that they will install traffic "directional markings" on the trail b; Chaska in the Spring. 4. -Tcm Brownell has indicated that his g;.esent plans do not 1ca' 1 for a part-time winter parking enforcemer_t officer as we used in the w`.nter of 1986-87. 5. Some time ago, Council requested that staff review the winter parking ordinance enforcement practices on streets that permit parking only on one side. According to Tom Brownell we have had no unique enforcement problems on these -streets. If you have an additional question on this please call Tom. 6. The November 23rd issue of "Nations Cities Weekly" included an article about a new Federal Treasury Department gas tax mandate. The US Treasury has proposed that the mandate take effect January 1, 1988. Gregg Voxland has given us an extremely rough estimate of $3 ,000 as he r_dditional cost to the City. Interestingly enough, diesel fuel and propane are notincludedin the tax, but the House and Senate are considering adding diesel fuel. 7. Attached is a memo . from Tom Brownell to his officers regarding off duty employment. 8. Attached is a copy of the warning letter the City is distributing to people not complying with the winter parking ordinance. Tickets will be issued beginning December 14th. 9. Attached is correspondence from the DNR regarding the dike at Valleyfair. 10. Attached is a memo from Ken Ashfeld regarding a joint meeting with Mn/DOT, Jackson Town Board and City Council on the status of the Shakopee Bypass. I will follow up with a suggested February date of February 9, 1987. 11. Attached is a memo from Ken Ashfeld regarding fire damage to trees along T.H. 101. 12 . LeRoy and I are working on the staff report and study for contractual janitorial services. We may have it ready for the January meeting. If you have questions about it prior to the meeting please call me; or, if you are contacted by the cleaning ladies please have them call me. After the budget session in November, I told the cleaning ladies that we would be studying whether or not to go for a janitorial contract. 1?. Attached is a copy of the Mood-y' s r9 .ni-cipal Credit +port - :'icai_ing tte City' s "A" bond rating for o+_:_r most recrnt bond -,.sue. 14. Attached is a copy of a letter. f=rrin Judy Cox to !'r. ' lica rl� =ted r,_gardirg the c,,:nstruction of the new Taco Jr'icls. 15. Attached is a copy of Vol. I No. 3 of the "Business U^date from City Hall" that is included in the monthly Char:.ber Newsletter. 16. Attached is the Ehlers and Associates, Inc. bi-monthly newsletter. 17. Attached is the Building Activity Report for the mor_th endind November 30, 1987. 18. Attached is the agenda for the December 16, 1987 meeting of the Downtown Ad Hoc Committee. 19. Attached is the agenda for the December 17, 1987 meeting of the Energy and Transportation Committee. 20. Attached are the minutes of the November 18, 1987 meeting of the Downtown Ad Hoc Committee. 21. Attached are the minutes of the November 19, 1987 meeting of the Energy and Transportation Committee. 22. Attached are the minutes of the November 4, 1987 meeting of Shakopee Public Utilities Commission. 23. Attached are the minutes of the October 28, 1987 meeting of the Community Development Commission. JKA/jms TO: All Officers FROM: Tum Brownell, Chief of Police Ri: Off Duty Employment ')A'TE: December 4, 13337 de-;.a ri:.:=nt has received r_quests for off dw emnloy:rent om the aecar_ty zye;+cy amployed by the Mde'ga!- ntcn Sioux cotta`uni`-1r_ . Dui to- the relocation of the tribal office to Shakopee, it is in the best interest of the departe—nt to remain impartial and not accept e::iploymert from any faction holding off : ce. 0"f duty er.nloyment with the Mdewakanton Sioux Commenity is prohibited. cc: Black Book All officers 4rfa ,(� City o'yf Shakopee L � P�.)- -C..1'v'. a�'<.a[irLil-'iTa i:7 yICOp ` 1 476 5omh Gonn¢n Slreel � SEiAXOYEE, NtFNtiES07A 55379 AlOLI �� 7 'ti Td. 612/445-6666 /.-T:-- 141, 50 V" i Decemb_r4, 1987 Resident The Shakopee City Council and Shakopee School District officials have responded to complaints about student parking in residential areas near the senior high school. Parking restrictions will soon be enforced. Signs will indicate either "Resident Parkin Only" or "Two-Hour Parkin." Enforcement of the new parking regulations will begin Dec. 14. Property owners will need to contact police to report violations. If the parking restrictions are being violated within their property lines, residents should call the Shakopee Police Department at 445-6666. Violators will be tagged. Thomas Brownell CHIEF OF POLICE S�T2ATE2 OF ,-., DEPARTiAENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD ST PAUL, MINNESOTA 55155:,MnD_E - DNR INFORMATION (612) 246419 DEco 81967 December 7, 1987 'CiTY r,•_ ..r- rjHiCv =c wait wittmer, General Manaaer Valleyfair, Inc. One Valleyfair Drive Shakopee, Mtl 55379 D-ar Mr. k' ttmer: OCT�HER 23, 1987 DEVELOPMENT PLAN Thepurpose of -his letl.er is to advise you of the D•_partment of Natural - Resources arproval- of-the dike modification and develcp.nent plan you outlined in your letter of October 23, 1987. Please coordinate your expansion of the administration building and dike modifications with the City of Shakopee and Area Hydrologist Mike Mueller to ensure that the proper permitting process is followed. Thank you for your cooperation towards resolution of this matter. Please contact Bruce Sandstrom of my staffat (612) 297-3886 if you have any questions or need clarification of our position. Sincerely, Ronald D. Harnack, Administrator Permits and Land Use Section RDH/BS:fw / cc: City of Shakopee ✓ Kent Lokkesmoe Mike Mueller Barr Engineering •1 STATE OF - ?r�,DEPARTME : T OF NATURAL RESOURCES 500 LAFAYETTE ROAD ST. PAUL, MINNESOTA 55155-40 DNR INFORMATION (612) 296fi157 December 7 , 1987 Terry Reuss -Bi Man FEMA - Region 5 175 West Jackson Blvd. - 4th Floor Chicago, IL 60604 Dear Ms. Reuss-Birman: - CITY OF SHAKOPEE, CAV FOLLD4UP, VALLEYFAIR, INC. As a result of our March 18, 1987 Community Assa. hent Visit for Shakopee it was discovered that since FEMA's 1982 UPE, fifteen structures were built in violation of the city's floodplain ordinance. The structures involved were all at One Valleyfair Drive, the address of an amusement park called Valleyfair. All of the structures, es cept one office building, are considered to be accessory structures and all are built behind a dike which is not high enough to be certified as being compliant with either FEMA and MDNR levee standards. As a result of negotiations with Valleyfair, Inc. and Barr Engineering (Valleyfair's engineer) , Valleyfair has agr:1ed to a phased in plan to elevate their dike system and install proper closures in order to meet state and federal levee standards. Their ultimate goal is to have the land behind the dike chanL-_d from an A-Zone to a B-Zone designation. Enclosed is a letter from Valleyfair, Inc. dated October 23, 1987 which outlines their plan. The DNR's position on this matter is as follows: 1) We concur with the October 23, 1987 plan so long as Valleyfair's engineer is confident that the modified dike will be able to be certified in compliance with FEMA' s regulations (5 65.10). Since Barr Engineering designed and witnessed construction of the existing dike, we think that this can be done. 2) We recommend that Section 1316 be implemented to deny flood insurance availability to One Valleyfair Drive as an alternative to placing the City of Shakopee on probation for failure to enforce their ordinance provisions. The DNR feels that requiring the elevation and/or retrofitting of the subject structures is an impractical course of enforcement action considering the long term plan of Valleyfair, Inc. We have been advised that Valleyfair, Inc. has no objection to denial of flood insurance. AN F011A1 ODDnPTI INIFT F„DI I V=Q Terry Reuss-Bir;an Page Two Please review these issues and respond in writing as to FEMA's position on this matter. If you concur, we will advise the City of Shakopee as to. what steps they must take in order to implement the Section 1316 process. Please contact Bruce Sandstrom of my staff at (612) 297-3886 if you have any questions. Sincerely, Ronald D. h':.rnack, A:: inistrator Perait and Land Use Sr_-tion RD_ BS:fw Enclosure cc: City of Shakopee Valleyfair, inc. Barr Engineering Kent Lokkesn:oe Ggha=ghi Sium MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer AW Al 1 SUBJECT: Shakopee Bypass DATE: December 10, 1487 This is in follow up to a request by Council and the Jackson Town Board for a ioint meeting with Mn/DOT to update interested members on the status of the hakopee Bypass. I have set the groundwork for this meeting with Mn/DOT and the Township . At this point, at is desired to have the meeting in early Februar} . Please select a date acceptable to Council znd provide for notices to be sent to interested parties. Please confirm the date with Tim Johnson (53-8503) of Mn/DOT prior to notifies„tion. KA/prop BYPASS MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer 0— SUBJECT: Fire Damage to Trees Along T.H. 1.01 ,,M: December 9, 1987 On DecNaber 81 1987 I met with Mn/DOT personnel, including a forester, to review the 3ame..ge to the trees along T.H. 101 as a result of last summers grass fire. The forester was going l.o take an inventory of the damaged trees and establish a value. At that point, ;in/DOT will try for a nf-.,otiated settlement or tarn it over to the Attorney Generals' o: '_ice. It is unknown at ihis time ii the settlement will result in replanting of trees. KA/pmp TREES �6 / p ` ' Cred it Report 1 ioctdY 16 i e � u u u DECO ,198 Shakopee, Minnesota November 3bq'kY OF S{. New Issue Update General Obligation/Special Tax sale: Sl.b()llAxl General Obligation Tax Increment Bouds.Scrip 198713 date: For bids December I Moody's rating: A opinion: Despi: subtanlial use of tax increment financing, security for rapidly retired dchL T he pnsped of the cites lax base aominucs losuppari satishslory future hornnv mg and.Onsslosvmss i it special fm:uses and provides average lamis of bor ......menl collections are noted, key facts: Debt Burden: 5.355 Unemployment Rale.Stolt Count'. Pavmut.Ten Years: 833% 1986: 5J% 8/87_ 4 47 F V_per Capita: S44.S44 Median Value Owner U I,,%ofai General Fund Ba!;uw¢ I,,Sfi (Gcncral Revenues. Occupied Hondng, 1980: $62.800 FY 1986: 44-4c% update: Since our last report dated September 4. 1987 the increase substanG.Jly_Lord goventmenl sate aid city adopted its fiscal 1988 budget indicating is frozen,and federal revenue sharing funds are balanced operations.The city's operating levy will expended. analysis: The city's substantial and diverse tax base promotes taxpayer,was removed from the general rolls and satisfactory financial condition.and also moderates captured in a tax increment district. Nevertheless. debt position.The strength of the tax base is other developments under way bode well for future underscored by a trend of commercial and taxable valuation growth. Finan'tal operations industrial growth NO within and outside of the remain satisfactory, as characterized by It large city's tax increment districts as the city actively undesignated General Fund balance The city has promotes development. However,a major portion budgeted a modest fund balance drnvdown in fiscal of recent city development has occurred within 1987 and it now appears that this re.uh will he these districm and is exempt from the general tax reported.The bulk ofcity debt is supported by tax rolls for the life of the district. In the most recent increments or special assessments.although year,taxable assessed values actually declined as hislorically,special assessment current cullaclums the valuation of Canterbury Downs•a horse racing have been slow. track which opened in 1985 and is the city's largest 1-ia.i xon 2 General Obligation/Special Tax November 30, 1987 Shakopee, Minnesota The cillos InclGon Just MINdc 4 the second lier of In'11l"'ing values Scott Comity unempinpmenl Minneapolis-51_ Paul uburh' han aided its steady Hiles are omdesl,and rc0ecl till overall healll,of popula6nn grne'Ih" Fllnher increases arc exp"led the area enmm..ly. due to the cilc's lurgc expanse of undeveloped IW.d and impmvcmen6 In road access. parlicvinrly the Pomd,se oC the current nf@nng will mainly fund storm l.,d In]pmv.fi tdl Principal o aNntiu Ri sll %k, 1: 11 LriJgeso he Minnrsma have been deferred to fit deb[serv-icr com[orlably RI r R'enl h 1 I: .r.ah] , li �nnal norms, as - Xlilh outstmldinn,issues. Addilirnlal browing of abnul S"0 million is planned ov,, the next year, details of hand Legal Name of Issuer: City of Shakopee. Average Life of Issue: 10.23 years sale: Scow Caunlc. Minnesoia. Interest Payable: Semiannually hcginning Seclrity: G_O.. 00C August I. 1958. Date of Bonds: Dscn]Irer 4. 1087, Call Features: Beginning February I. 1997 at pnr_ Denomination: 55.000_ Re,;;Aiar: To he detcnninrd. Annual Maturities 2/1 ($000) Paying Agent: "Co be do n,, ned. Year A_m_:,unt Year Amount Delivery: Wilhin40 days ofsale. 1991 S 71 1998 5125 Bond Counsel: O'CiI& Harms,,. 1992 80 1999 135 Minneapolis 1993 907 7000 150 Financial Officer: GIrF:. M. Voxland. 1994 9S 2001 160 Director nC Finan". 1(70 2602 1995 175 1996 1 in 2001 190 Advisors: Springnted, Lm..Saint Pmll. 1997 115 Auditor: Jaspers,Sareflznd&Compan7t Shakopee Interest Rate: To be determined. (FY 1986). rating history: August 1972: Baal August 1974: A analyst: H.Zachem 8300N01 ■ h, i1J - d - It,r r rn pnr TI r ,IL:Mr. n,.Min :M::uW[nw:mummMlmvvle.M- nenl..n M- me A"`� !W rM1 a h- �. plI. •and nnin'I J k ' +rA - gn id )M11 Ii ., r .— dM 1_. k ' P - Ma M1S nvii. db d11-Y W n II X. W - d3 M1 W A W.. d .I r- vMm Mwy.a n.5.nkv1 I- 11-1 n vv SnE a-nF.aEnWd11 a Lc�.nlIwWr LruMnn..,d de s—.— Tha ru ranpn Is.S11Y1M1 q'S.MbyM1S Cn1.11d llaR]nS M�wWS'.In,,-Sru.c Inc N,rb.h and n.mm�. n n:4_ 'nllia. wl enurcM1 Snttl.Vex 1'nrt\1n11MXO CITY OF S111AKO FF INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 553]9-13]6 (612) 4453650 (^ December 3, 1987 Mr. Allen M. Plaisted _ 4187 White Bear Avenue White Bear Lake, IVPs 55110 RE: vacation of Alley Dear Mr. Plaisted: I am in receipt of your peti`-ion for vacation of the alley in Block 12, Shakopee City. I have met with Leroy Houser, Building Inspector, Lou Van Hout, Manager of Shakopee public Utilities; and Ken Ashfeld, City Engineer to discuss your reguest. Consensus from the meeting was that there is no problem with vacating the alley, but that an easement would have to be retained for utilities. In addit-ion a watermain easement is needed across your property to the alley as well as an access agreement. Prior to taking your reguest to the City Council for setting the required public hearing, I need to obtain from you: 1) A watermain easement (proof that it has been recorded at the courthouse) . 2) An access agreement (proof that it has been recorded at the courthcuse) . Please contact Lou Van Rout, Manager of Shakopee Public Utilities for specifics. 3 ) A plan separating the structural integrity of the retaining wall from the structural integrity of the electrical pole. Please contact Ken Ashfeld, City Engineer, for specifics. _ Erosion control and turf establishment must be provided on the slope. To insure this and not hold up the vacation process, your bond can be held until completion or a final certificate of occupancy can be withheld until completion. You should discuss these alternatives with Mr. Houser, the Building Inspector. If you can complete items 1, 2 and 3 above within the next couple of weeks, I will put your request on the Council agenda for January 5th, at which time Council can take initial action and set a date for a public hearing. The Heart of Progress Vallev I£ you have any questions regarding the above conditions, feel free to give me a call. Respectfully, Jud(jh S, Cox City Clerk _ - CC: Lou Van Hout, Manas, r s2UC Ken Ashfeld, City _ Leroy Houser, `uiJ_ ' - .' 'hector ?SC/tiv BDSTN;i:3S UPDATE FROM CITY BALL /✓ Vol. 1 No. 3 Dear Chamber Member: December 1, 1987 ADMINISTRATION The City contracts with private providers for many services. . . Dial-A- Ride, refuse collection, animal control, building mechanical maintenance, rural snow removal. . . are a few. On November 17th Cite Covincil contracted with Jerrv's Lawn Service for snow removal on non-sidewalk areas of the new downtown streetscape. This contract will also cover maintenance of grass, plants, etc. during the siunmer. This pragmatic approach was selected for maximum flexibility in -::,termining what works best and costs the least. BUILDING We have processed half a dozen building permits for Heritage Place, our newest subdivision, and hall, B=Ai,n has applied for the first permit for his camoeround and motel exwansion -err;ect. T_he lightingprof_ -t at Memorial Park has been completed. I£ you missed the open house just step in. CITY CLERK 467 of t_h_,= reeistered voters went to the polls November 3rd, the Izr¢� est turn out for a City election ever! Dolores Lebens defeated ':'.don Rein".e for the Mayor's seat and enc:', bant Jerry Wampach, encumbant Steve Clay, and challenger Joseph Zak won the three Council seats. 2300 votes were cast for a site for a new City Fall, one-half were for the Gorman Street site, one-fourth for the Block 50 site and one-fourth with no pre�erence. Council will consider the Annual - ee Resolution on December 1st. Minor increases are being recommended in the Planning Department and for Public Works rental of equipment. increases ranee from 57 to 50% and are an attempt to pass City costs onto the appropriate user. Terry Forbord was recently appointed to the Planning Commission by Council to fill a vacancy created by the resignation of Dave Pomerenke. APPLICATIONS FOR CITY BOARDS AND COMMISSIONS - Nominations are due by January nth for positions on the Pi=Jng Commission, Cable Commission, Energy 6 Iransportation Commission, Community Development Commission, Community Recreation, Utilities Commission and -he Police Civil Service Commission. CALL ME il)DY AT 445-3650 IF Y0� __F:: _-N TF.RESTED. COMMUNI Y DEVELOPMENT The Shakopee City Council u' l b= holding a public hearing on December 1, 1987 ar 7:00 p.m. for the purpose of considering the modification of the redevelopment plan for the Minnesota Fiver Valley Housing and Redevelopment Project No. 1. The purpose of this public hearing will be to consider a proposed amendment to the Tax Increment Financing (TIF) plan which will allow for certain improvements in the City including the proposed downtown mini bv- pass project and the Upper 4allev drainaee system which serves new subdivisions like Hauer's 4th, Heritiage Place and The Meadows. City Council is scheduled to receive bid for a 51.6 million bard issue on December 1 for mini by-pa: , design ($150,000) and part of the Upper Valley Drainage Project (51,450,000). Approximately $2,000,000 in additional funding will be needed next year to complete the Upper Valley Drainage Project in 1988. The Downtown Committee and the Community Development Department staff are presently drafting guidelines for a revolving to p f downtown businesses. The guidelines will be finalized by the Committee within the next month and then submitted to the City Council. The Planning Commission will be holding a public hearing on comprehensive amendments to the .Sign Ordinance. Tne Planning Commission will then submit the proposed amendments to the City Council. CALL DOUG AT 445-3650 FOR MORE INFO. COi1jTiN'TTY R--CV .ATION Did you ' low that the Sha'kouce_Comm;:nity Recreation Department (SCR) has been in exist :e=ince 19-54 with a foil-ti.,, since 1957? In biose ea-1y years '�i-:ere were very few communities in Minnesota with less than 10,000 population who chose to do something posi'cively to enhance leisure time purse its for its citizens. We were a major exception ace for years serve:-' as a lnccel, 'oi e `cr cornu es. During all of these -ears SCR has been sp.-;Eared and funded -pinny -by Shakopee Sc};ocls (307) and ±.he City of Scai_opee (309,) with fees :e, :g the balance (407). The City and School separately Guild and :aintain facilites Thro;.ch this cooperative spirit, citizens and businesses of the ccm;^w;ity are getting a "bigger bang for their bucks." A big "thank you" to Maurice Stans for donating the new niavgropn r, epuiDz,-Dt for_ Stans park. --- E16GIPF,FR On ._ ._.'.pusbase was placed on the ist pna s� o` e - proiect for 1987. B4�-pninous tearing surface - .. _:._ of 1988. Most of the rough grading, all of the sanitary sewer, and some of the planned watermain improvements are complete on the Vierlino Drive Proiect. Water�ain and rough grading should be finished in late November, weather permitting. Work on the street lighting and brick pavers is still in progress on the Downtown Streetscape Proiect with street lighting expected to be complete in December. The Chamber has recuested and received the go ahead to put miniture Christmas lights on our new downtown trees. FINPNCE CL-v Council has commi=ted the Budget for 1988 and copies are available tor :ev-_ew at C+tc hal'_ or the Library. St. Francis Regional hospital has contacted the City £or assistance in refinancing $7,000,000 in debt to save approximately $100,000/year in interest expense. The City will issue Revenue not General Obligation Bonds. FIRE DEPA_RTME.*iT A voluntary safety consultation of our facilities was conducted by Occupational Safety and health Division (OS_AA) on requirements for fire departments. Ehlers andAssociates, LEADERS IN PUBLI FINANCE NEWSLETTER 1 1 1 v OFFICES IN MINNEAPOLIS AND WAUKESHA - 507 Marquette Avenue • Minneapolis, MN 554021255 - 612-339-8291 VOLUME 32. NUMBER 10 FILE: Financial Specialists: Ehlers and Associates, Inc. Please distribute to governing body members December, 1987 Our sincere Seasons Greetings to all of you from all of us. You are more than just clients to us -- we have come to value you as friends. Life is much more than the bond market, the stock market or our economic status. This is the season to remember that we live in a time and place where "good will to men" is important. As Ehlers and Associates begins its 34th year building better communities through finance, we look at the changing character of many of our towns and marvel at how well our democratic system works. Public improvements get financed and completed, and local governments really do work. Bond Market For weeks prior to the stock market "crash" the bond market deteriorated, with interest rates going up. But it has made a remarkable recovery in the weeks following the "crash" with 20-year tax-exempt rates coming down from 9.17% on October 14 to 7.91% by November 20. At the same time precious metal prices have come down, hopeful signs that investors have not deserted the system. Billions of dollars of value "evaporated" in the stock market but was regained in bonds. Government and industry leaders are saying "all's right in the financial world." The strong bond market and weak metals market make their reassurances believable -- this time. The President and Congressional leaders appear to be heading towards a more realistic solution to the budget deficit. Some of the excesses must be (painfully) shaken out, but life goes on, we'll be O.K. Selling Infrastructure: Leaseback Some municipalities have been approached with the idea of selling their sewer or water systems or other facilities to another tax-exempt organization (HRA) and then leasing them back. The aim is to use the proceeds of the sale for other municipal activities and leverage higher yields than the tax-exempt interest factor in the leaseback payments. Sounds interesting -- a "can't lose" proposition that deserves a closer look. Obviously, such financings use up part of a finite amount of credit and, to the extent that they flood the market, will cause tax-exempt bond prices to drop and interest rates to rise, increasing the cost of new or replacement infrastructure. Proponents say they have opinions of bond counsel, but when we checked, some of the opinions were not unqualified. Leasing is often a sound way to acquire facilities, but remember that over 15 years ago grand schemes to finance governmental programs with tax-exempt/taxable arbitrage were what precipitated federal intervention into state and local fiscal affairs and the 1986 Federal Tax Reform Act. Cash Advanced for Capital Improvements and Reimbursed from Bond Proceeds If you advance cash to finance project costs, such as design, land acquisition, even construction, etc., be sure to make a record (preferably by a resolution of the governing body) stating that you intend to reimburse such advances from bond proceeds. Otherwise, the U.S. Treasury may not allow those expenses to be financed tax exempt. The attached news article on bond counsels' concerns about "pyramid" bonds may be of interest and help explain our recommendation. Defaulted Bonds Some bonds which, by their terms, are payable solely from project revenues sometimes go into default, unhappily for bondholders. in one negotiated bond issue a State supposedly blessed a project that was never built but for which most of the proceeds were spent, and from which no revenues are likely to be derived. Underwriter and bondholders maintain that the state has a "moral obligation" to pay the bonds and that the state's credit will be impaired if it does not. Bondholders may have thouoht they had a state obligation, but an issuer is bound only by the terms. If any issuer is not required to repay the bonds from other revenues, then morally it must not pay since the issue would be giving away taxpayers' money for a private purpose. If there was a misrepresentation, bondholders should look to the party who made it. Negotiated vs. Competitive Bond Sales Negotiated bond sales render greater yields and profits for underwriters and probably for investors. According to a November 2 article in Credit Markets, a study released October 26 by Securities Data Co. states " . . . spreads on high quality general obligation issues sold through competitive bidding are less than half that [of negotiated sales]." Spreads on negotiated sales have narrowed in recent years and a number of companies, like Salomon Brothers, have either withdrawn from the tax-exempt market entirely or have greatly reduced their staffs. Already we've seen increased pressure on local governments to negotiate their bonds noncompetitively. There is so much competition in the current market that your bond issues should be sold competitively. You the issuer benefit in lower issuance and interest costs on your debt. Minnesota School Boards Association Convention. January 17-19. 1987 If you are attending the upcoming Minnesota School Board Convention, come visit us at our new booth location at the Minneapolis Auditorium, Space Nos. 518/619 across from St. Paul Book & Stationery. EHLE S �N AS C T NC. L. Ehl 0692a I- 3 I usu E mmmm �:� RKF+k�}kR&�&b fi�bSSS�#R� mmmmmmmma££££3 °`-pmm::'k6F iPIUMM 144144 ! if §R iiiiiiiiii i i i i #I i---J-111" -ki . . . 's aaI$3gxas $ 3' 668i� 83 gsa € R= s^ F € _ae6� 6-s..e9;g-l3�1'p.?s •:r.aE JF"s9y5aa"FseegF . „ '115F'yt-sa8p@gy@-?�-?��m Ssit6gg 'e"e'a's'e's'@_'@_'s'e'e 's'e'e SSSa��S� eg����SSSSSS55 �Sgneeeu -e-gm 's'sssssasss sasggggggg aaaaaaaaaaaaaa aa5�'s'�' sgs a $ spp 5 o 5 m 4 € €� ^ .s�E99s . 3tl � � g-_-=$' •z:.- �V�#�saa�_ :c "zS�3a Fa..•:.95x3 an" :Fair.Fis::$.# ssaa'a F»»» a a :i ......... K M em ---------------- C m rn' nnn 3:C •� CmFmmRRCSSRm [IE IE YIE!!ECmmRCk Q 32 n-aC'.a -. -3.CJ-n�.-.F...��n.�-.•--n.�-.. ..��........Aii��m..�.. . s"s_'_s"s_ !#-xlg-s"ani !!Elia! @ sas QF" ! £ _st! i��mi-i€ ss ii i�€��-mii€iia mI .. EEa • a.a aji € €s . E m s 166666 6 666 6mR E € x 6663 m:Iae$ lo si 6 �3?3a �m ��� � � �•em•ei6�6 mm� 66 666 mmmmmmmmm�� !!!! e!@@P!!@g@g@e !!elan sgig gig s$gga_a----na_na_ma_aaa ssssss s g E:B gag �=g ee6 C 555 3 5 �E 339 SES- E.. = _ • ani € §r EEEE'EEH. ff }} � v_-__�� • SdSd s <=szz:s s<sxx33sza.as.:.eg ssa.sssa.sag.. ai$� 'ssS�S+�� �SS�aA�3"s3aaPPmmmm mffi�&5�55RassPe Sa Sgnxxs eix5�="'s 5553n5555�5 -------saran-- iiiii _&a'_sx ss _ q H-HEB um`Sb I$S115y E €SER SY$ C gA44 § ` 8 8E C5CgCas E= F FF 9 "g9sfs' .k.a ss a'ssa¢a .a�a �<< aaaa- aEa_ a as as �a�� s?sa�• gsHIM a�A�o �"a_"_"a_aSe�"m" a55 a ee �eeee�� SSSm ss'a'a� 's sss S_aa a___a-_- ss's s�ssa'saaaa �� � n e _ � 4z ea • � - � s • s € € ���al�a€ra �si�=��� a sz a'a1 � St�3@$€g / 7 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT PERMITS ISSUED November, 1987 Yr. to Date Previous Year Number Number Valuation Number Valuation Mo. Ytd. Single Fam-Sewered 7 41 3, 384, 400 - 42 3, 329, 474 Single Fam-Septic 3 15 1, 810,600 2 21 1, 955, 650 Multiple Dwellings - 8 4, 570,500 1 5 2,992, 200 (# Units) (YTD Units) (-) (129) - (2) (102) - Dwelling Additions 1 61 320, 117 1 47 304, 034 Other - - 16 354, 300 3 10 1, 155, 300 Comm New Bldgs - 5 1, 125,000 1 8 9, 962, 510 Comm Bldg. Addns - 5 339,000 - 4 942,267 Industrial-Sewered - 1 600,000 - - - Ind-Sewered Addns - - - - 3 4,420, 000 Industrial-Septic - - - - - - Ind-Septic Addns - 2 167, 475 - - - Accessory/Garages 1 33 201, 717 3 28 149, 050 Signs & Fences 4 60 97,820 4 83 151, 465 Fireplaces/Wood Stove - 7 18,100 - 7 13, 777 Grading/Foundation 2 8 61,500 - 13 439, 800 Remodeling (Res) 2 33 207,805 2 28 78, 573 Remodeling (Inst) - - - - - - Remodeling (Comm/Ind) 2 35 505, 506 3 45 5, 671,215 TOTAL TAXABLE 22 330 13, 763, 840 20 344 31, 294, 805 TOTAL INSTITUTIONAL - - - - - - GRAND TOTAL 22 330 13, 763, 840 20 344 31,294, 805 No. Ytd. No. Ytd. Variances 3 18 - 12 Conditional Use - 15 4 29 Rezoning - 1 - 2 Moving 1 3 - 2 Electric 14 235 35 307 Plbg & Htg - 20 266 14 295 Razing Permits Residential - - - 1 Commercial - - - - Total dwelling units in City after completion of all construction permitted to date. . . . . . . 4, 180 Cora Hullander Bldg. Dept. Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN NOVEMBER, 1987 7657 Dahl Construction 2147 Park Ridge Dr. Addn. 1, 200- 7658 , 2007658 Void 7659 Scott Builders 4901-5101 Valley Ind. B. Alt. 70, 000 7660 Mark Gilbertson 628 E. 1st Ave. Sign - 100 7661 Cleon Smith 1087 Jefferson Fence 100 7662 Signs of Quality 1240 E. 3rd Sign 900 7663 Void 7664 Duane Ferguson 1513 Co. Rd. 89 Alt. 2,500 7665 Duane Ferguson 1513 Co. Rd. 89 Fill 2, 000 7666 Stan Pint 2661 Emerald/ Lane House 70, 000 7667 Fredrickson Lumber ..55374 S S.. Marschall Rd. Stg. Bldg. 9, 600 7668 H.L. Weinandt 1259 Maxinp Circle House 120,000 -3r9 Al G Q�u✓ 7669 Michael Tappe 8414 Ho d3riz Dr. House 140, 000 7670 American Family Bldrs. 9 3 yoriz,n r. House 130, 000 7671 David Ewert T. W. 5th Demo 500 7672 LeRoy Menke 2153 Heri age-P1.®3Drive House 70, 000 t I, 7673 Signs Unlimited 232 Marschall d. Sign 100 '674 Gardner Brothers 2170 OnyxDive House 61, 400 it 7675 David Ewert 30 W. 5th Alt. 26,000 7676 Gardner Brothers 2165 Heri` ge Drive Nouse 51, 900 7677 Gardner Brothers 2111 Muroh Av a House 51, 900 '678 Gardner Brothers 2161 Herit e riven House 60, 700 '679 Wallace Bakken 1251 E. 1st U Grading 1, 600 -680 Klingelhutz Const. 1192 Murphy Court House 116, 000 TENTATIVE AGENDA Downtown Ad Hoc Committee City Hall Council Chambers December 16, 1987 Chrmn. Laurent Presiding 1. Call to Order at 7:30 A.M. 2. Tntroduction of New Members - Rev. Mary Keen & Rubin Roehle 3. Approval of Agenda 4. Approval of the Minutes - November 25, 1987 5. Revolving Loan Program Guidelines 6. Downtown Survey 7. Informational Items: a. Downtown Sign - Letter to Chamber b. Downtown Flyer - Distributed 12/11/87 C. Betti Lu's - Letter of Appreciation d. Gene Brown - Letter of Appreciation For Temporary Parking 8 . Other Business a. Next Meeting: January 13, 1988 b. 9. Adjourn Barry A. Stock Administrative Assistant CITY OF SHAKOPEE IF YOU ARE UNABLE TO ATTEND THE MEETING PLEASE CALL BARRY OR TONI TO LET THEM KNOW ly Note Meeting Time: 7:00 P.M. TENTATIVE AGENDA Energy and Transportation Committee Shakopee, Minnesota December 17, 1987 Chrm. Ziegler Presiding: 1. Roll Call at 7:00 P.M. 2. Approval of Minutes - November 19, 1987 3. Action Items a. Apartment Recycling Survey 4. Discussion Items a. Review of Dial-A-Ride Statistics b. Energy and Transportation Committee Goals and Objectives 5. Informational Items (Verbal) a. Dial-A-Ride Monthly Report b. Van Pool Monthly Report C. Dial-A-Ride Summer Evening Hours Ridership Report d. Request for Recycling Funds e. County Solid waste Plan of Action f. National Beverage Container Legislation 6. Other Business a. Next Meeting-Thursday, January 21, 1988-7:00 PM b. 7. Adjournment Barry A. Stock Administrative Assistant CITY OF SHAKOPEE �G PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE Regular Session City Hall Council Chambers November 25, 1987 Chairman Laurent called the meeting to order at 7:40 a.m. With the following members present: Gary Laurent, Terry Forbord, Melanie Kahleck, Bill Wermerskirchen, Harry Koehler and Tim Keane. Members absent: Jim Stillman, Joe Topic and Jerry Wampach. Also present were Barry Stock, Administrative Assistant, John Anderson, City Administrator, Dennis R. Kraft, Community Development Director and Ken Ashfeld, City Engineer. Forbord/Wermerskirchen moved to approve the agenda with the following to be added under other business: Downtown Promotional Sign, Banners and Christmas Lights on Trees. Motion carried unanimously. Forbord/Kahleck moved to approve the minutes of the October 14, 1987 meeting as kept. Motion carried unanimously. Mr. Stock reported that in 1984 the City of Shakopee received a LAWCON/LCMR Grant for the construction of an overlook on the Minnesota River adjacent to the State Trail and near the termination of Lewis Street. The selection of the final alignment of the proposed mini by-pass has delayed the City's efforts in completing this project. The City recently received it's second and final one year extension for completing the project. The City has recently entered into an agreement with Westwood Planning and Engineering to complete the landscaping design for the trail improvements and the observation platform. Westwood Planning has completed an analysis of six alternative sites for the observation platform. In their analysis they have concluded that site #4 is the most suitable location for the proposed platform. Staff has discussed this location with George Muenchow and DNR officials and they are also in agreement with Westwood's recommendation. Mr. Stock stated that he would like a recommendation to City Council on the proposed site location so soil borings can be taken before the ground freezes. Forbord/Wermerskirchen moved to recommend to City Council that site #4 be selected as the location for the observation platform and that there be no screening on the proposed gazebo. Motion carried unanimously. Mr. Stock reported that at the Committee's last meeting they discussed the issue of snow removal in the downtown area. Mr. Stock noted that he has prepared several alternatives for removing snow from the sidewalk area. Mr. Stock briefly discussed each of the five alternatives and stated that he was recommending a 4" snow removal policy. Under this scenario the property owner would be responsible for removing snow from the sidewalk and node areas in front of their establishment for snow �a falls of 4" or less. For snow falls greater than 4" the status quo for snow removal will be followed with the exception of the nodes which would be the responsibility of the City. Mr. Anderson stated that at the last City Council meeting the contract for removing snow from City property within the downtown area and the nodes was approved by the City Council. Mr. Anderson elaborated by stating that the City has entered into a per hour agreement for snow removal in the downtown area. The exact parameters defining where snow will be removed has not been determined at this time. That is the purpose for discussing the downtown snow removal policy today. Mr. Forbord questioned under staff's proposed alternative who would determine when we had a snow fall of 4" or less. Mr. Wermerskirchen stated that the issue would only become a question when we had a snow fall close to 4". He went on to state that staff's recommendation in more general terms provides that property owners be responsible for the node areas in minor snow falls. Mr. Wermerskirchen suggested that the Committee approve staff's recommendation and evaluate it a year from now to see if changes should be made to the policy. Mr. Anderson stated that if there are problems with the policy from the onset it could be changed at any time. Mr. Forbord questioned if Public Works would normally be responsible for determining when the nodes would be cleaned off by the contractor. Mr. Stock stated that the Public Works Superintendent will be responsible for advising the contractor when he should be removing snow from the nodal areas. Mr. Anderson suggested that the nodal areas be maintained by the City regardless of the amount of snow fall. Mr. Forbord questioned whether or not property owners situated on corners were responsible for cleaning off the sidewalks on both their front and sides of their properties. Mr. Stock responded in the affirmative. Mr. Forbord stated that he thought we should try to keep the snow removal policy as simple as possible and observe the type of behavior that occurs within the downtown area during our first few snow storms. The issue of a major snow fall was discussed by the Committee. Mr. Wermerskirchen stated that in periods of heavy snow fall (12 - 1811) there is no place to store snow on the sidewalk. In the past, in these situations the City has removed the snow from the sidewalk areas during the night time hours. After further discussion, it was the consensus of the Committee that the City should be responsible for cleaning the nodes in order to have consistency within the project. If this policy is not pursued some property owners would be cleaning the nodes and some would not. Kahleck/Keane moved to maintain the current City policy which states that the property owner is responsible for maintaining the sidewalk area in front of their business establishment or yo residence. Under this scenario the property owner would shovel snow off the sidewalk in front of his/her business establishment and deposit it in the street right-of-way. The node areas will be the responsibility of the City regardless of the level of snow fall. However, property owners are encouraged to maintain the nodes in light snow falls. Motion carried unanimously. Mr. Stock reported that the downtown benches placed in Phase I Part I of the Redevelopment Project are not the same color as those placed along the Second Avenue parking lot during our demonstration project. The existing benches as placed along Lewis and Sommerville Streets are the natural color of the Alaskan White Cedar. They are not stained or sealed at this time. if the Committee would like to have the benches stained the same color as the benches placed along the Second Avenue parking lot (red) it would appropriate at this time to direct staff to proceed accordingly. Mr. Stock reported that the original bid specifications for the benches did not include the cost of staining. Mr. Stock also noted that in Phase I Part I of the Redevelopment Project it appears that we may have over estimated the number of benches needed. Therefore, in Phase I Part II of the Redevelopment Project we will be ordering fewer benches. The cost savings associated with the reduction in the number of benches being ordered should be more than enough to off set the additional cost for staining the benches should the Downtown Committee decide to proceed with the staining. Mr. Forbord questioned whether or not the existing benches would discolor with aging. Mr. Ashfeld stated that if the benches are not stained they will gray slightly over time. Mr. Wermerskirchen questioned what color the benches that we ordered. Mr. Ashfeld stated that the benches received were the benches bid. Kahleck/Koehler moved to direct staff to take the appropriate steps to have the benches placed in Phase I Part I of the Redevelopment Project stained to match the color of the benches placed along the Second Avenue parking lot during the demonstration project. Motion carried unanimously. Mr. Ashfeld stated that since the estimated cost for staining the benches was less than $2,000, the City could proceed with the hiring of a private contractor to stain the benches without going through the change order process. Mr. Stock noted that he has been working with representatives from Citizens State Bank and First National Bank to finalize the downtown revolving loan program guidelines. He went on to state that he expected to have the program guidelines in final form by the Committee's next meeting. Mr. Forbord questioned whether or not the City has a funding source secured for this project. Mr. Stock reported that the City budgeted $200,000 for this program in 1988. However, the alternative funding sources may or may not be available pending a determination from Council. The first method of financing this program that was considered was the use of assessment payments that were originally deferred and paid for with the use of tax increment funds. At this time we do not know if there will be any funds generated through this funding mechanism in 1988. The second source of financing that was considered for this program was the HRA reserve fund. In 1988, if no other funding sources are identified, we will hopefully be able to proceed with one or two properties in the downtown area utilizing HRA Reserve Funds. Mr. Stock reported that it has been suggested that the Downtown Committee survey the property owners in Phase I Part I of the Redevelopment Project to gather their comments regarding the final product and problems that they may have encountered during the construction period. Mr. Stock reported that he will have a draft survey ready for the Committees review at their next meeting. Mr. Stock also reported that a flyer will be sent out to the downtown property owners in Phase I Part I of the Redevelopment Project to update them on the snow removal policy and other questions that they may have regarding the Redevelopment Project. Mr. Stock noted that since our last meeting three persons have expressed interest in serving on the Downtown Committee. Mr. Laurent questioned whether or not we could have these three persons appointed prior to our next meeting. Mr. Stock noted that if we received letters of interest from these three individuals prior to the agenda deadline, he thought they could be appointed prior to the December 16, 1987 meeting. Mr. Wermerskirchen questioned whether or not Mr. Keane was going to resign from the Committee. Mr. Keane stated that he has discussed this issue with Mr. Stock and was considering resigning from the Committee as a voting member. However, he stated that he would consider appointment as a ex-officio member (non-voting) and as a liaison representative of the Community Development Commission if that Commission so desired. Mr. Stock reported that a letter has been received from the Chamber of Commerce regarding the placement of Christmas lights on the trees in the Redevelopment Project. At the last Council meeting the City Council agreed to allow the Chamber to place the lights on the trees as proposed. Mr. Stock reported that he did not know whether or not the Chamber has taken any additional action regarding this issue. Mr. Forbord questioned whether or not staff had presented the banner idea to the Chamber. Mr. Anderson stated that he approached the Chamber of Commerce with the banner concept in the downtown area and that they would be discussing it in greater detail at future meetings. Mr. Forbord questioned whether or not staff has presented the sign concept advertisiny the Downtown Improvement Project to the Chamber of Commerce for possible funding. Mr. Stock reported that he has not taken any additional action on this issue since the idea was originally proposed. He went on to state that he would investigate this issue with the Chamber prior to the Committee's next meeting. Wermerskirchen/Forbord moved to adjourn the meeting at 9:00 a.m. Motion carried unanimously. Barry A. Stock Recording Secretary � l PROCEEDINGS OF THE ENERGY AND TRANSPORTATION COMMITTEE Regular session Shakopee, MN November 19, 1987 Chairman Ziegler called the meeting to order at 7:00 p.m. with Commissioners Schmidt, Spiotta, Allen and Ziegler. Barry A. Stock, Administrative Assistant was also present. Schmidt/Allen moved to approve the minutes of September 24, 1987 meeting as kept. Motion carried unanimously. Mr. Stock reported that prior to formally initiating the Home Energy Check-Up Program, the City of Shakopee must decide who will be eligible to participate in the program. In order to receive Minnegasco funding, the City of Shakopee must decide on a definition of a low income home owner. Mr. Stock reported that there were several options for the City of Shakopee to consider in adopting a definition of a low income home owner. The first involved the Shakopee School District Hot Lunch Program Income Eligibility Guidelines. Mr. Stock noted that Shakopee Community services utilizes these guidelines for swimming pool fee exemptions. A second alternative that several other communities have utilized as income limits for home energy check-up eligibility are the HUD Section 8 guidelines. As a third alternative Mr. Stock suggested that the Committee consider a priority ranking for participants in the program. First priority would be given to persons meeting the School District Hot Lunch Program Guidelines. Second priority would be given to other disadvantaged persons. Third priority would be given to disabled persons, senior citizens and single parent families close to the income guidelines. Final priority would be given to other low and moderate income families. Mr. Stock suggested that this set of guidelines be approved because they give the City some flexibility in administering the program. Mr. Ziegler questioned how persons would apply for the program. Mr. Stock noted that he has been receiving telephone calls from interested persons and placing them on a waiting list in order of calls taken. In mid December each person on the list will be sent a program application. Persons returning the program application will then be prioritized based on the aforementioned participant guideline scale. Mr. Ziegler then questioned whether or not the program was available to renters. Mr. Stock responded in the affirmative. Commissioner Schmidt suggested several alternatives for marketing the program including a flyer with Scott County Welfare Checks and making flyers available at the food shelf and Human Services office. Mr. Stock noted that the Assistant City Building Inspector is the Home Energy Auditor and that he has conducted two practice audits on two City employees. Allen/Schmidt moved to recommend to City Council that the priority scale for participation in the Home Energy Check-Up Program utilizing the priority scale with first priority given to persons meeting School District Hot Lunch Program Income d�/ Committee should investigate including; a zonal fare policy, adding another vehicle, increasing fares, etc. Commissioner Spiotta expressed her concern about having to turn away prospective riders. She suggested that staff prepare some preliminary data on ridership point and origin destinations as well as the number of persons utilizing the advance reservation fare category vs. persons calling with less than a 12 hour notice. Mr. Stock stated that he would work with Kare Kabs to gather some preliminary data for the Committees review in December. Mr. Stock reported that he has been marketing the Home Energy Check -Up Program in the Shakopee Valley News. In December a flyer insert will be placed in the Shakopee Valley News advertising both the Home Energy Check -Up Program, the Evening Dial -A -Ride Service and the Saturday Dial -A -Ride Service. Mr. Stock reported that he has met with the Personnel Manager at Toro and has discussed the possibility of coordinating a reverse van pool to their location. Toro officials were very responsive to the idea and will be assisting the City in marketing the program to their employees. Mr. Stock stated that he hopes to have a reverse van pool to this location prior to the end of the year. Mr. Stock questioned whether or not the Committee would like to have their annual van pool party again this year. It was the consensus of the Committee that the van pool party was a good idea and that it helped promote the Van Pool Program and showed the riders that it is really a personalized service. The Commission also agreed that the van pool party should be held at some place other than the City Council Chambers. Commissioner Schmidt stated that she would be willing to assist staff in planning the van pool party. Mr. Stock stated that following the van pool party we can hold our regular meeting. It was the consensus of the Committee that the van pool party and next meeting be held on December 17, 1987. Mr. Stock gave a brief report on the Downtown Mini By -Pass and the progress being made at this time. Mr. Stock also briefly reviewed the Dial-A-Ride/Van Pool and Dial -A -Ride Summer Evening Hour Ridership Reports. Finally, Mr. Stock stated that he had obtained some information on the container deposit bill for the Committee's review. Allen/Schmidt moved to adjourn the meeting at 8:30 P.M. Motion carried unanimously. Barry A. Stock Recording Secretary 't 2 -- MINUTES MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on November 4, 1987 at 4:30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Kephart, Cook and Kirchmeier. Also Manager Van Hout, Liaison Wampach and Secretary Menden. Motion by Kirchmeier, seconded by Cook that the minutes of the October 5, 1987 regular meeting be approved as kept. Motion carried. BILLS City of Shakopee 20,032.00 ABM Equipment & Supply Inc. 221.04 AT & T 18.57 American Freight System, Inc. 48.60 Bro-Tex, Inc. 85.20 Border States Electric Supply Co. 831.21 Burmeister Electric Company 711.15 Business Outfitters, Inc. 27.23 Carlson Hardware Co. 10.06 City of Shakopee 604.33 City of Shakopee 329.52 City of Shakopee 129.33 Clay's Printing Service Inc. 329.96 Computerland-Weldon Electronics, Inc. 180.00 Feed Rite Controls, Inc. 611.11 General Tire Service 414.88 Glenwood 8.96 Graybar Electric Company 3,475.42 hd Electric Company 66.41 H & C Electric Supply 1,376.10 Kress & Monroe Chartered 28.00 Lathrop Paint Supply Co. 7.14 Leef Bros., Inc. 32.50 M.V.T.L. 30.60 Minnesota Plumbing Co. 80.00 Newark Electronics 43.55 Northwestern Bell 265.38 Northern States Power Co. 275,669.80 Northern States Power Co. 845.16 Northern States Power Co. 332.32 Reynolds Welding Supply Co. 6.60 Rockwell International 99.48 Schoell & Madson Inc. 5,328.24 Shakopee Ford 14.80 Shakopee Public Utilites Commission 55.60 v Shakopee Services 26.00 Southwest Suburban Publishing 188.97 Starks Cleaning Services 53.40 Total Tool 482.81 Treasurer, State of Minn. a Dept. of Health 299.27 Lou Van Hout 97.64 Water Products Company 349.00 WESCO 133.52 Valley Industrial Propane, Inc. 12.53 ABM Equipment and Supply, Inc. 1,571.20 Motion by Cook, seconded by Kirchmeier that the bills be allowed and ordered paid. Motion carried. Manager VanHout presented the 1988 projected budget. Motion by Kirchmeier, seconded by Cook to accept the 1988 budget as presented. Motion Carried. Manager VanHout informed the Commission of a stuffer that went out with the November 1, 1987, electric bills regarding the concern for safety with the growing number of signs being placed on utility poles. The Shakopee Public Utilities Commission policy on disconnecting during the "cold weather months" was reaffirmed by the Commission. Anyone experiencing difficulty with paying during this time should call the Shakopee Public Utilities Commission office for information as to the policies involved and the places to go for assistance. Manager VanHout informed the Commission of an upcomming public meeting with Senator Dave Durenberger's staff on Novmeber 12, 1987. One new plat was presented during October called the Meadows Addition. There were no fire calls for the month of October. There were no loss time accidents for the month of October. The next regular meeting will be held on December 7, 1987, at 4:30 P.M. Motion by Cook, seconded by Kirchmeier that the meeting be adjourned. Motion carried. Barbara Menden, 'ssion secretary 93 COMMUNITY DEVELOPMENT COMMISSION City Council Chambem Shakopee, MN October 28, 1987 MEMBERS PRESENT: Tim Keane Don Koopmann Terry Joos James Plekkenpol Jane DuBois MEMBERS ABSENT: Al Furrie Bud Berens STAFF PRESENT: Barry Stock, Administrative Assistant Dennis Kraft, Community Development Director Chairman Keane called the meeting to order at 5:15 p.m. Plekkenpol/Joos moved to approve the minutes of the October 7, 1987 meeting as kept. Motion carried unanimously. A brief discussion took place regarding the Star City Reception that was held on October 22, 1987. It was the consensus of the Commission members that the Star City Reception was a success. The Commission commended Mr. Stock and the Canterbury Inn for their fine work in preparing and planning the event. The Commission then discussed the draft newsletter as prepared by staff. In general the Commission felt that the format was adequate. Mr. Keane stated that he would work on a logo for the newsletter. Mr. Joos stated that he would like to see more use of white space and clip art in the newsletter. Mr. Stock stated that he planned to incorporate those elements when the piece was type set. The Commission then went through the newsletter and made numerous suggestions to improve it's text. Commissioner DuBois questioned whether or not the public would have the capability of responding to the issues as presented in the newsletter. Mr. Stock stated that in the newsletter text he openly suggests that residents contact staff is they have a specific question regarding the newsletter content and potential stories for the newsletter. After a lengthy discussion on the newsletter content, the Commission discussed the method of circulation. Mr. Stock reported that he was recommending circulation via the Shakopee Mint and the Chamber of Commerce Newsletter. Commissioner DuBois stated that she did not think the Mint was widely read by Shakopee residents. Mr. Stock stated that he was recommending the Mint because it reached an additional 1000 homes in the Shakopee area. However, he stated that he agreed with Commissioner DuBois and stated that the Commission should review this issue very carefully. It was the consensus of the ,2�3 Commission that the Shakopee Valley News was a better source of circulation and that while every home might not receive the Shakopee Valley News it would be a better source of distribution as compared to the Shakopee Mint. Commissioner DuBois questioned where the funding would come from for producing and distributing the newsletter. Mr. Stock stated that there was $5,000 budgeted in the Community Development Commission Budget for this type of activity. Commissioner DuBois then questioned whether or not proceeding with the newsletter would interfere with any of the other marketing plans of the Commission. Mr. Stock stated that in his opinion the newsletter would compliment the activities currently planned for the Community Development Commission in 1988. However, it is true that proceeding with the newsletter concept would reduce the Community Development Commission's promotional budget. He went on to state that the approximate cost for producing the newsletter and distributing it in the Shakopee Valley News would be approximately $350 per issue. This totaled approximately $1,500 per year assuming that the newsletter is published quarterly. Joos/Plekkenpol moved to request the Shakopee City Council to approve the "Development In -sight" newsletter concept with funding provided from the Community Development Commission budget. Motion carried unanimously. Mr. Stock then distributed a copy of the Community Development Commission's 1988 budget for their information. Commissioner DuBois questioned whether or not the Community Development Commission could receive copies of the City Council minutes. Mr. Stock stated that when Ms. DuBois brought this issue up over a year ago he investigated the matter. He went on to state that it was not City policy to distribute the minutes of the Council meetings to all the Commissions in Shakopee. At this time the only Commission receiving the City Council minutes is the Planning Commission. One of the reasons why Council does not distribute the Council minutes to all the Commissions is because they are published in the Shakopee Valley News. Commissioner DuBois stated while this is true, the minutes as published in the Shakopee Valley News are often two months after the fact. She stated that she would like to receive the minutes in a timely manner. Mr. Stock stated that if the Commission as a whole would like to receive the minutes he suggested that they do so in the form of a motion requesting City Council to consider their request. DuBois/Plekkenpol moved to request City Council to direct the appropriate City officials to distribute copies of the City Council minutes to the Community Development Commission. Motion carried unanimously. Plekkenpol/DuBois moved to adjourn the meeting at 6:55 P.M. Motion carried unanimously. Barry A. 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N �_ I I � � I I I I i � i y �T T � � 1 I � I � '� .a i � I i I I C � ! � ! oy c A ' � � � I i ( � I I. m I � I � i it ' I i I ' S � i i I i I � I i � ( f I I'' Sn I ' I I � I a p I I � v I � � � � � I I � >s I I I I I yy c o ' I, I I I. � f S I .. I I � ~ I i i � n I � Z i.. � I q � N i o �� 2 K � ' m I A I - � �; A tl m ' T � y A �.. s _ �. _ � _ K_ ___. __ _ J .. TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA DECEMBER 15, 1987 Vice Mayor Leroux presiding 11 Roll Call at 7:00 P.M. 21 Recess for H.R.A. Meeting 3] Re -convene 41 Liaison Reports from Councilmembers 51 RECCGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 61 Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda.) 71 Communications: a] Robert Schmitt re: County Assessor's Appraisal of Apartment Buildings *b] David R. Bean re: Certificate of Achievement for Excellence in Financial Reporting *c] Clifford & Patty Lawrence re: Senior Graduation Party d] 8] Public Hearings: None 91 Boards and Commissions: Planning Commission: a] Final Plat of Shakopee Valley Square 1st Addition Energy and Transportation: *b] Van Pool Request for Proposal Specs Downtown Committee: c] Request for 15 minute parking 10] Reports from Staff: (Council will take a 10 minute break around 9:00) a] Capital Equipment/Self Contained Breathing Apparatus -Air Paks Res. No. 2849 *b] 1210 Polk Street - Foundation c] Acquisition of a Trail Easement from Robert Sweeney by the Department of Natural Resources d] Ice Skating Rink Lighting *e] Radar Unit Purchase *f] Mobile Radio Purchase *g] Farm Leases for 1988 *h] Brambilla/Hirise Parking Agreements i] Sidewalk Replacement/Repair Policy j] Computer Purchase, Networkable Word Perfect Network Configuration TENTATIVE AGENDA December 15, 1987 Page Two 101 Reports from Staff: k] Canopy at Kopisca Building *1] Parks Improvement Project No. 1987-8 *m] 6th Avenue Sanitary Sewer *n] Vierling Drive through Hauer's 4th Addition Project No. 1987-12 - Partial Payments *o] Pavement Preservation - Overlay Project No. 1987-11 *p] Heritage Place Improvements Project No. 1987-14 - Partial Payments *q] Vierling Drive Street Improvements Project No. 1987-12 *r] Eagle Creek Junction Second Addition *s] Appointment of Acting City Engineer t] Soo Line Railroad Proposal u] Preliminary Engineering for the T.H. 169 River Crossing and Mini -Bypass Environmental Assessment v] Downtown Streetscape Project 1987-2 Change Order No. 4 *w] Employment of Douglas Wise x] Employment of Planning Intern y] Minnesota National Guard Armory x] Approval of the Bills in the Amount of $3,462,276.32 - Coming Monday *aa] 1988 Workers' Compensation Insurance bb] Labor Agreement - Police Sergeant cc] Labor Agreement - Public Works dd] Appointment of Manager to the Lower Minnesota River Watershed District by Scott County ee] Council Vacancy in 1988 11] Resolutions and Ordinances: *a] Res. No. 2845, Accepting Work on Pavement Preservation Sealcoat Project No. 1987-10 *b] Res. No. 2846, Accepting Work on Timber Trails Street Rehabilitation Project No. 1986-5 *c] Res. No. 2850, Accepting Work on 4th Avenue Reconstruction Project No. 1986-3 d] Res. No. 2851, Ordering Improvement and Preparation of Plans & Specs for Vierling Drive Project No. 1988-1 e] Res. No. 2852, Adopting 1988 Pay Schedule f] Res. No. 2842, Appreciation to Dr. W. Adair Muralt g] Res. No. 2844, Appreciation to Pete Sames h] Res. No. 2847 Board and Commissions Guidelines i] Res. No. 2848 $8,000,000 Revenue Bonds for Hospital j] Ord. No. 239, Authorizing Sale of Intoxicating Liquor Beginning at 10:00 A.M. on Sundays for Class B and C Licensees and the Racetrack k] Res. No. 2857, Initiation Vacation of Easements in Prairie House 1st Addition 121 Other Business: a] b] 131 Adjourn John K. Anderson City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Special Session December 15, 1987 Chairperson Leroux presiding 1. Roll Call at 7:00 P.M. 2. Approval Special Call 3. Approval of December 1, 1987 Meeting Minutes 9. Approval of Construction Plans for the Shakopee Valley Square Properties Tax Increment Project 5. Amendment of the Shakopee Valley Square Properties Redevelopment Agreement 6. Oti:rr Business 7. Adjourn Dennis R. Kraft Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 1, 1987 Chairman Leroux called the meeting to order at 7:01 p.m. with Comm. Lebens, Wampach, Clay and V ince g; pJ s nK. Also present were Ken Ashfeld, City g Anderson, City Administrator; Judith S. Cox, City Clerk; Julius Coller, II, City Attorney; Douglas Wise, City Planner and Dennis Kraft, Executive Director. Lebens/Vierling moved to approve the minutes of the November 4, 1987 meeting. Motion carried unanimously. The Community Development Director reviewed an Amendment to the Redevelopment Plan for Minnesota River Valley Housing Redevelopment Project No. 1 Amendment to Tax Increment Financing Plans for Tax Increment F..nancing Districts Nos. 2,31 4 and 6 within the Project Area. This is a budget amendment and does not create any new districts and does provide funding for the design work for the mini by-pass and for partial construction of the Upper Valley Storm Sewer Project. As required by law, the School District and the Scott County Board of Commissioners have received copies with an executive summary. The County Board has responded with a Resolution showing support of the Amendment. Clay/Vierling moved to include Resolution No. 87093; Commenting on the Proposed Amendment of the Redevelopment Plan for Minnesota River Valley Housing and Redevelopment Project No. 1, including Proposed Amendment of the Tax Increment Financing Plans for Existing Tax Increment Financing District Nos. 2, 3, 4 and 6 from the Scott County Board of Commissions be included with the resolution of the City. Motion carried with Lebens opposed. Wampach/Clay offered Resolution No. 87-10 and moved its adoption. Motion carried with Lebens opposed. The Community Development Director reviewed the background of Tax Increment Pledge Agreement for $1,600,000 in General Obligation Tax Increment Bonds, Series 1987B of the City of Shakopee, stating that this is the approval of the agreement by the HRA and that the City Council will be voting on the issue at their subsequent meeting. Clay/Vierling offered Resolution No. 87-11, A Resolution Approving and Authorizing Execution of Tax Increment Pledge Agreement Respect $1,600,000 G.O. Tax Increment Bonds, Series 1987E and moved its adoption. Roll Call: Ayes: Leroux, Vierling, Wampach, Clay Noes: Lebens Motion carried. H.R.A. December 1, 1987 Page 2 The Communiy Development Director then reviewed -the Possibility in the future of an application for Tax Increment Financing from a developer who will possibly be acquiring the Minnesota Valley Mall, located along the Northwestern part of the City. The interior space configuration will be changed by the new developer, as will the entrance road and there is a possibility of an indoor ice arena being established. The H.R.A. is being asked to initially consider ownership of the arena by either the City or the Hockey Association. The Hockey Association has also been looking at the purchase of a hard cover over the hockey arena at Lions park. Discussion was held regarding the fact that the City would not overate a hockey arena and the euestion if the City want to get into the Ownership of a hockey arena. The developer is interested to find out if the H.R.A, has ary interest in tax increment assistance on the arena itself. Any increment would be for the ice arena only. Preliminary discussion was held relating to the possibility of a letter of credit or some other sort of guarantee of higher percentages of filled retail spaces. Discussion was held relating to the availability of open skating time and how adequately hockey represents the interests of the public. Architectural changes to be made and market analysis and projections for retail rental properties in the area would be items of interest to the Council. The Community Development Director reviewed a letter from the City of Shakopee to Wallace Bakken of the Shakopee Valley Motel which updates the HRA as to the status of this project. Lebens/Vierling moved to adjourn. Motion carried unanimously. The meeting was adjourned at 7:28 p.m, I DennisKraftj/� Executive Director Peggy Swagger Recording Secretary ALTERNATIVES• 1. Approve the amendments as requested. 2. Do not approve the amendments as requested. It is recommended that the HRA approve these minor amendments to the Developers Agreement as outlined above. ACTION RECIIESTED: Mrve to amend th•- contract between the Shakopee Housing and Redevelopment Authorit and the Shakopee Valley Square Properties by chr.ngincr the date c:f commencement of construction activities (Section 3.3 [a]) from October 15, 1987 to December 31, 1987 and to amend Section ?.3 Lb]changingthe date of completion of the — — campground recreation facilities from December 31, 1987 to June 1, 1988. MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Denri.s R. Kraft, Executive Director RE: Amendment of the. Shakopee Valley Square Properties Redevelopment Agreement DATE: December 10, 1987 INTRODUCTION• - The date for commencement of construction activities for the Shakopee Valley Square Properties Redevelopment Agreement with the HRA was October 15, 1987. This date has passed and the developer, Mr. Wallace Bakken, is now ready to begin construction. It is highly desireable that the Redevelopment Contract be updated prior to it's execution. BACKGROUND: The Shakopee HRA entered into a Redevelopment Contrz:.t with the Sha -open Valley Square Properties Partnership in June of -986 for the purpose of facilitating motel expansion and the construction of a campground on the property located on the northwest corner of Marschall Road and First Avenue. Subsequent to the approval of the contract certain amendments were made relating to the changing of the timing for initiation and completion of the motel project. The current contract, which was adopted by the BRA at it's meeting in October, required that the work on Phase I of the project (the campground) begin on or before October 15, 1987. That date has passed and construction did not begin in accordance with contract provisions. Mr. Bakken is now ready to sign the contract, however it is the recommendation of legal counsel that the contract be updated in order to reflect an accurate starting time rather than a deadline that cannot be met. The second amendment being sought is that of changing the completion time for the campground from December 31, 1987 to June 1, 1988. These changes are found in Section 3.3 Paragraphs (a) & (b). Mr. Bakken has indicated that he has financing for the project and wants to begin construction immediately. It is in the best interest of the HRA to facilitate the construction of this project in that the HRA sold $500,000 in tax increment bonds in July of 1986 for this project. The contract indicates that the minimum market value of the subject property as of January 2, 1988 will be at least $855,600. The minimum market value of the property in 1986 for taxes payable in 1987 was $850,900. The minimum market value of the property as of January 2, 1987 for taxes payable in 1988 was $842,400. In that Mr. Bakken plans to make improvements to this property yet this month there should be no problem with the assessment agreement minimum amount of $855,600 being realized. the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building per- mit. Such Construction Plans must be rejected in writing by the Authority within 30 days of submission or shall be deemed to have been approved by the Authority. If the Authority rejects the Construction Pla:.3 in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 days after receipt by the D-aveloper of written notification of the rejection, accompanied by a written statement of the Authority specifying the respects in which the Construc- tion Plans submitted by the Developer fail to conform to the requirements of this Agreement. The provisio:is of this Section relating to approval, rejection and resub- mission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. Approval of the Construction Plans by the Authority shall not relieve the Developer of any obliaation to comply, and such approval shall not con- stitu',.e or be deemed to constitute a determination by the Authority that the Construction Plans do comply, with the terms and provisions of this Agreement, the p,ovisions of the Redevelopment Program, or the pro- visions of applicable federal, State and local laws, ordinances and regulations, nor shall -pproval of the Construction Plans by the Authority be deemed to con- stitute a waiver of any Event of Desault. (b) If the Developer desires to make any material change in the Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval. If the Con- struction Plans, as modified by the proposed change, conform to the approval criteria listed in Section 3.2(a) with respect to the original Construction Plans, the Authority shall approve the proposed change. Such change in the Construction Plans shall be deemed ap- proved by the Authority unless rejected in writing with- in 30 days by the Authority with a statement of the Authority's reasons for such rejection. Section 3.3. Commencement and Completion of Construc- tion. (a) Subject to Unavoidable Delays, the Developer shall commence construction (i) of the Camp- ground/Recreation Facilities on or before-Oc`l!& er-=r Dere 6er3 1987, and (ii) of the Motel Expansion on or before April 30, 1988. (b) Subject to Unavoidable Delays, the Developer shall have substantially completed the construction (i) of the Campground/Recreation Facilities on or prior i96S toDeeen.ber-3'r�9& and (ii) of the Motel Expansion on or prior to December 31, 1988. (c) All work with respect to the Project to be constructed or provided by the Developer on the Develop- ment Pro_;erty shall be in conformity with the Construc- tion Plans as submitted by the Develooer and approved by the Authority. Section 3.4. Certificate of Completion. Promptly after completion of each of the Phases of the Minimum Improvements by the Developer in accordance with the provisions of this Agreement, lion the written request of the Developer to the Autaority, tae Authoritysall furnish to the Developer the Certificate of Completion for that Phase, in substantially lie form set forth in Exhi tit C at-ta -hod hereto, If u_ron iequest by the Developer the Authority shall refusz to furnish a Certificate of Completion, the Authority shall furnish the reasons for such refusal. Such Certifi_ca.te of Completion shall be a conclusive determination of satisfac- tion and termination of the agreements and covenants in this Agreement with respect to the obligations of the Developer to construct and complete the applicable Phase. Section 3.5. Letter of Credit. The Developer shall o furnish, or cause Lbe furn_=_ned, to the Authority, on or before the date on which the City authorizes the sale of its bonds to assist the Authority in financing the Authority's obligations hereunder, an irrevocable letter of credit (the "Letter of Credit") acceptable in form and substance to the Authority from a financial institution acceptable to the Authority in the amount of $50100o, effective until the date on which the Authority issues the Certificate of Completion and September 1, 1988, whichever shall occur earlier, which provides that if the Minimum Improvements have not been substantially completed by September 1, 1988, such that a Certificate of Completion cannot be issued by the Authority, or if there occurs an Event of Default which remains uncured for 90 days, then the Authority may draw the entire amount of the Letter of Credit, which funds the Authority shall forever retain as partial liquidated damages or reimburse- ment of expenses; provided that a Letter of Credit expiring prior to September 1, 1988, shall be acceptable to he Authority if such Letter of Credit provides that the Author- ity may draw thereon in the event that the Developer fails to furnish a replacement Letter of Credit in form and sub- stance acceotable to the Authority at least thirty (30) days prior to the expiration of the Letter of Credit then in effect. No draw on the Letter of Credit shall, in and of 3 - 3 NEMO TO: Shakopee housing and Redevelopment Authority FROM: Dennis R. Kraft, Executive Director RE: Approval of Construction Plans for the Shakopee Valley Square Properties Tax Increment Project DATE: December 10, 1987 INTRODUCTION• One of the requirements of the contract between the HRA and Shakopee Valley Square Properties is that .prior to construction of any improvements the plans must be approved by the :IRA_ BACKGROUND: Mr.. w:a lace Bakken, dba Shakopee Valley Square Properties h submit ;_ -.d a set of construction documents for approval by ':i; BL;', so tl;,.t hL can he in construction of the campground ars' metol i'.ity for the Sn.,kopee Valley Square Properties 'Pax Increment ,_roject. Ccoie^ of the constvction documents will be reviewed by the Executive �_-_rector at the HRA meeting on December 15, 1987. AL^ERNATIV1-'S 1. Approve the construction plans so that Mr. Bakke�i may commence construction on this tax increment project. 2. Do not approve the plans at this point and give direction to the Executive Director as to deficiencies in the plans. RECOPLIENDATION• It is recommended that the HRA approve the construction plans for the Shakopee Valley Square Properties Tax Increment Project. ACTION REQUESTED: Move to approve the construction plans for the Shakopee Valley Square Properties Tax Increment Project as required by the Redevelopment Contract. lr� Deputy: LEROY ARNOLD DON D. MARTIN SCOTT COUNTY ASSESSOR COURT HOUSE 112 SHAKOPEE, MN. 553731361 (612)-445.7750, Ext 115 November 25, 1987 Shakopee City Council % John Anderson 129 E. 1st Avenue Shakopee, MN. 55379 1a, RECEIVED DEC_ 11991 C17 Cr SHA,KCPEE Council Members; I have been asked to explain the method which the County Assessor's Office uses to appraise apartment buildings in general and 4 Flexes, in particular, in the City of Shakopee. I have the responsibility of the assessment for this area. The county appraises all income property on the basis of the income which that property would generate. However, we can only appraise on an income basis if we are allowed to examine the income which is being recieved from the property. In the case of apartment build- ings of ten units or more, the owners in general have been very cooperative. In the case of smaller apartment buildings, just the opposite has been true. In the absence of income information, we will do the appraisal based on a cost approach to value. This method is used in the entire county for 4 plex properties. The rates will be different due to the market in which the property is located. For the 1987 assessment in Shakopee, I used a method which started with the same base rate for all 4 plexes. This was then adjusted to reflect the condition or construction quality of the individual property. This information was given to Mr. Anderson on June 5th of this year. for the Shakopee Board of Review. Considering their suggestion, I'. have altered this method for the 1988 assessment. For 1988 I will be using a "grading" method which will be applied to individual 4 Flexes in the city, with the square footage rates used, based on the grade of the property. These grades will be: Low Cost, Average, and Good. The net result will probably not change a great deal, but the method will be easier to explain to the taxpayer. An Equal Opponunity Employer DON D. MARTIN SCOTT COUNTY ASSESSOR COURT HOUSE 112 or 3HAKOPEE, MN. 55379-1361 (612)-0457750, Ext. 115 Deputy: LEROY ARNOLDI The County Assessor's Office is also in the process of mailing income questionaires to all the owners of apartment property in Shakopee and the rest of the County. We will continue to use an income approach in addition to the cost and market approaches for this type of property via acceptable appraisal standards. KtLi K�.�J Ro ert N. Schmitt Property Appraiser An Equal Opportunity Employer ASSESSMENT AGREEMENT BETWEEN CITY OF SHAKOPEE AND COUNTY OF SCOTT 'THIS AGREEMENT is made and entered into by and between the City of Shakopee and the County of Scott, State of Minnesota, this 11 -h=h day of June 19 PF WHEREAS, the City of Shakopee wishes to enter into an agreement with the County of Scott to provide for the assessment of the property in said "City by the County Assessor; and WHEREAS, it is the wish of said County to cooperate with said City to provide for a fair and equitable assessment of property; NOW THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED IT IS. AGREED AS FOLLOWS: 1. That the City of Shakopee which lies within the County of Scott and constitutes a separate district, shall have its property assessed by the County Assessor of Scott County, for the assessment of the years 1987 - 1989. 2. That the County Assessor of Scott County assign a knowledgeable assessor with industrial/commercial experience to provide the Shakopee assessment, said assessment to be reviewed by the Chief Deputy Assessor who coordinates all industrial/commercial assessments. That the assessor assioned to Shakopee agrees to provide the City with duplicate picture cards taken of taxable property during each assessment year beginning with the 1987 assessment. OThat the assessor assigned to Shakopee be available during normal working hours to respond to Shakopee citizens' requests for assessing in—.Ormation and requests for assessment data from the City of Shak pee. 5. That it is understood that the City of Shakopee may take leoal action aoains.t the County of Scott if the City should be penalized of any State Aid resulting from the co -efficient of dispersion standards not being met. e. That the City of Shakopee will continue to conduct a Board of Review and upon the agreement of both parties, the City Attorney may assist the County Attorney in any tax appeals. 7. That in consideration for said assessment services, the City of Shakopee hereby agrees to pay the County of Scott the sum of $4.50 per parcel on or oefore July 15, 1957. That the sum shall not be increased by more than 10% in any one year beginnino with the 1988 assessment, with yearly pa>rtents payable on or before July 15th of the assessment year. = Thi t .e• mi r.at i on of this ay -m, rr� bx--e-j-thpar ty _:r.dc afi-i- .-maoy written notice no less than 120days prior to completion of the current assessment year on July 15th. IN WITNESS WHEREOF, the parties have executed this agreement this 17th day of June, '19 86 In presence of: For Ci r of/ShaKoee ! / Signe BY ��iLp..ir,�-,....,, ASSESSMENT AGREEMENT 5 BETWEEN CITY OF SHAKOPEE AND COUNTY OF SCOTT $THIS AGREEMENT is made and entered into by and between the City of Shakopee and the County of Scott, State of Minnesota, this 17th day of June WHEREAS, the City of Shakopee wishes to enter into an agreement with the County of Scott to provide for the assessment of the property in said 'City by the County Assessor; and WHEREAS, it is the wish of said County to cooperate with said City to Provide for a fair and equitable assessment of property; NOW THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED IT IS AGREED AS FOLLOWS: 1. That the City of Shakopee which lies within the County of Scott and constitutes a separate district, shall have its property assessed by the County Assessor of Scott County, for the assessment of the years 1987 - 1989. 2. That the County Assessor of Scott County assign a knowledgeable assessor with industrial/commercial experience to provide the Shakopee assessment, said assessment to be reviewed by the Chief Deputy Assessor who coordinates all industrial/cortimercial assessments. V That the assessor assioned to Shakopee agrees to provide the City with duplicate picture cards taken of taxable property during each assessment year beginning with the 1987 assessment. OThat the assessor assigned to Shakopee be available during normal working hours to respond to Shakopee citizens' requests for assessing information and requests for assessment data from the C-i­tv of Sbak pee, 5. That it is understood that the City of Shakopee may take leoal action aoainst the County of Scott if the City should be penalized of any State Aid resulting from the co -efficient of dispersion standards not being met. o. That the City of Shakopee will continue to conduct a Board of Review and upon the agreement of both parties, the City Attorney may assist the Count• Attorney in any tax appeals_.. 7. That in consideration for said assessment services, the City of ShaKopee hereby agrees to pay the County of Scott the sum of 44.50 per parcel on or before July 159 1987. That the sum shall not be increased by more than SO% in any one year beginning with the 1988 assessment, with yearly payments payable on or before July 15th of the assessment year. -. -?#sat rgrmnat i -en -of this ---oar-eamcm ;--t»-e-rtf. ec- par ti _fl s?}—mace �.i written notice no less than 120 days prior to completion of the current assessment year on July 15th. IN WITNESS WHEREOF, the parties have executed this agreement this I7th day of June '1986 , In presence of: ��>> For eCi /y///,�yf/j�tShaK q�eSi By con Seri+ December 1, 1987 The Honorable Eldon Reinke Mayor City ofShakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Mayor Reinke: GOVERNMENT FINANCE OFFICERS ASSOCIATION F6g1 Kh FICES- MNORTIMICHI AE!Lf DECO 419e? a�o.7wWn�asa 1.7476 CITY OF SHAKOPEE- We are pleased to notify you that your comprehensive annual financial report for the fiscal year ended December 31, 1986 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual des- ignated by the government as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Gregg M. voxland, Finance Director The Certificate of Achievement plaque will be shipped under separate cover in about six weeks. We hope that you will arrange for a formal presenta- tion of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. A sample news release is enclosed. We suggest that you provide copies of it to the local newspapers and radio and television stations. In addition, enclosed is the 1986 Certificate program results representing the most recent statistics available. We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excel- lence in financial reporting. If you have any questions regarding this matter, or if we may be of any further assistance, please do not hesitate to contact us. Sincerely, GOVERNMENT FINNAAN^CE_ OFFICERS ASSOCIATION ��/ David R. Bean i Director/Technical Services Center Action Requested Move to acknowledge a communication from David R. Bean, Government Finance Officers Association, regarding the City's Certificate of ?/ � � |}{{ B 2 \q S lii\ t @ U $ )\ Z �5 E � � Co Ns P -/V7 - November 24, 1987 Shakopee City Council Shakopee, Mn 55379 Dear Council Members, A. 'RECE1 v -7 `NOV3 01W 'CITY OF SHAKOPEE It is time once again for us, The Senior Graduation Party Committee, to ask for your support and assistance in helping us provide our graduating seniors a fun -filled night they will never forget. This will be the tenth consecutive year that this event has been held and all indications are that each graduating class enjoyed the evening immensely. We expect this class will be no exception. You may recall that in years past we have used the second floor of the police station to prepare the panels and props for decorating the school. We ask your permission to use these facilities again. We have contacted Police Chief Brownell prior to making this request and he approves of our efforts and approves of our use of the building. We thank you for your support in past years and anticipate your support for the coming year. Sincerely, The Senior Graduation Party Committee Clifford 6 Patty Lawrence Senior Ghaircouple Action Recommended Move to approve the use of the second floor of the Police Station by the Senior Graduation Party Committee to prepare the panels and props for decorating the school. I t MNMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Vacation of Easements and Approval of Final Plat for Shakopee Valley Square let Addition DATE: December 11, 1987 INTRODUCTIONS At their meeting on April 15, 1986 the City Council passed a motion to direct staff to place the final plat resolution for Shakopee Valley Square 1st Addition on the City Council agenda when the conditions of approval have been met by the developer and the TIF has been resolved. BACKGROUND: On October 6, 1985 the Shakopee City Council approved the preliminary plat and PUD plan for Shakopee Valley Square 1st Addition. Subsequently, on January 9, 1986 the Shakopee Planning Commission approved a motion recommending to the City Council approval of the final plat and final PUD plan for Shakopee Valley Square 1st Addition. At their meeting on April 15, 1986 the City Council approved the final PUD for Shakopee Valley Square 1st Addition. At the same meeting the City Council directed a resolution for the final plat to be placed before the City Council at such time as the tax increment financing has been approved and the conditions of the final PUD met. (See attached minutes). Mr. Bakken has informed the City staff that all of the conditions will be met and the final plat will be prepared with his signatures on the plat prior to the meeting on December 15, 1987. Given Mr. Bakken's intentions to have all of the work completed by the December 15, 1987 meeting of the City Council, staff has proceeded to draft the resolution as directed by the Council at their meeting on April 15, 1986 and said resolution is attached to this memo. One of the conditions of approval of the final plat is vacation of existing easements in Halo 2nd Addition and the replatting of needed easements in the new plat for Shakopee Valley Square 1st Addition. Most of the easements in Halo's 2nd Addition are no longer needed or the area needed is smaller in size. The applicant requested vacation of these easements and the required hearing was held on February 4, 1986. The City Attorney has prepared the resolutions necessary for the vacations. The SPUC Manager, City Engineer, City Clerk and City Planner have carefully examined the final plat and all required easements are shown. Vacation of these easements must occur simultaneously with the approval and filing of the new plat to insure that the old easements are properly vacated and the new easements dedicated the same day. STAFF COMMENTS: At the April 15, 1986 meeting the City Council approved the final PUD and tabled the final plat with the conditions listed in the attached City Council minutes. It appears that both the final PUD and final plat were dealt with together by the City and that the conditions applied to both the PUD and plat. Since the City Council first approved the final PUD on April 15, 1986, and approved the final PUD again on November 4, 1987, some of the conditions have been adequately addressed with the approval of the PUD and do not need to be included as conditions of the final plat. It is staff's recommendation that conditions nos. 3, 5, 7 and 8 be eliminated from the final plat. Following is the rational for this recommendation: Condition #3: "Submittal of a preliminary plat the same scale of the final plat which shows all existing utilities.,- The applicant has complied with this condition and there is no need for it to continue as part of the final plat approval. Condition #5: "The developer shall provide a recordable agreement which provides for the development of Lots 1 & 2, Block 1 as per the submitted site plans reviewed by the Planning Commission on April 13, 1986 which provides for the log construction of a building and that any amendments to plans be brought to the Planning Commission and City Council prior to issuance of a building permit." This condition has been addressed through the PUD approval process. The original approval of the PUD and the subsequent approval again of the PUD this year both approved a site plan and plans as presented by the developer. Changes to these plans must be brought back in the form of a request for amendment of the PUD and again approved by the Planning Commission and City Council. Condition #7: "Review of the final landscape plans by a designee acting as liaison of the Planning Commission." This condition has been included in the approval of the PUD by the City Council and does not need to be included again as a part of the final plat approval. Condition #8: "Pedestrian walkways be designed and developed in the north south configuration off of and away from Marschall Road." These walkways are illustrated on the final PUD plan approved by the City Council on November 4, 1987 and therefore do not need to be again included in the final plat approval. Fti .1iLi4 7M Move and approve Resolution No. 2853 Vacating Easements in Halo's 2nd Addition. 2. Move and approve Resolution No. 2854 Vacating Easement over Lot 3, Block 1, Halo's 2nd Addition for Emergency Access. (On the table). 3. Move and approve Resolution No. 2855 Authorizing Execution and Delivery of a Quit Claim Deed Releasing an Electric Distribution Line Easement. (On the table). 4. Move and approve Resolution No. 2856 Authorizing Execution and Delivery of a Quit Claim Deed Releasing a Drainage and Utility Easement. (on the table). 5. Move and approve Resolution No. 2858 Approving the Final Plat of Shakopee Valley Square let Addition. moved .. ,he '_r na*ti^gip=_-= - _ ir. ar<r can_ er • can s e ion -1 pregram to I creaseb _ puic aware- `_ __�___ ^ .�___o• accidenna on '._mori c:'.__Kend. :'oder. carried moved to e.^e., er resin 2t4C^ . . and direct -oat - —solution of annreciaticn bs prepared forv=. Roy 5 _ Electrical Inspector. Motion carried unanimously. -ern✓I '_rz-e-ling moved t0 order the Second :venue parxing lot _andscapirg r^Ject at a cost not to exceed 532,390 and ad thcrize the apnro_vr.ate cit-: c..zc--- s to enter into e, agreement wit^ Wesavood =lar ing and ire _. for the Provision consulting serv±ces ? they relate to the i � s •j improvements and -- aexceeding e Second m the �t_ricing _,ot at cost rot to exceed o ?ro �ect costs t a g "3„4'. J o be laid frcx tae tax reviews f .ancin district. [ o contracts are to be let until Council reviews plan specifications and elevations. 3011 ^.al_: :Oe$. ^-c _ebaeroux, blligan, 'vi= -__no, Wampach and Mayor 3e4nee ns Eotion carried mer'. /`dammach moved that the prcposed driveway access for lots 9 and -:one "/ and 0utlot . 3agie Sluff 2nd .odd.ion be approved subject to 11 the conn -tion that the developer provide a recordable agreement which grants -_ =asement for public access to the lots. Payor Reinke asked if anyone --em the audience wished :o a3dress t.^.is subj=ci, there was no reply. jjj'''���:-:c:ion carried unehi:.ousiy. FLeroux/Wampach moved to accept the recommendation of the Planning Commission that the City Council review the amended planned unit development plat -of Shakopee Valley Square 1st and the recommended conditions of approval in conjunction with the review of the Tax Increment Financing proposal for the Project. It is recommended that the final plat resolution not be adopted until the T.I.F. has been approved, the sale of the bonds has occurred and all conditions of plat approval have been met by the developer. The recommended conditions of approval are as follows: 1, Approval of a Title Opinion by the 7 ty dttorne�-. 2. Vacation of drainage and utility easements . in tie Ralo 2nd Addition, v^ic:were dedicated 3. Submittal of a -^eliminar! plat the same scale of the final •.._�. slows ail Vexisting utilities. -Flat, E. ne 7-4tY Engineer must receive and approve final plans and specifications for a_` public facilities including, but not limited - to reads, sa^_tary sewer system, st0r.sewerand grading. ^:e dereloper shall rroviae a recordable agreement which provides for the s re lFmeat Of Lots 1 and 2 -lock. 1 as p=_r the submitted s_te pias aeviewed by the �lz",ning�5ommissi wai ch provides for the o +. on on .1prf1.3, 1'96, 1. mond_ 1 3 construction of the buz:dingz, Id 5 ! nts to to plans be brou_ t t and 0 the mz,.: :_ ^^�ssior. .,.ty @ouaci7, prior t- issuanceof _ b -u A4 g 61- 6. �xecuticn of a -nivel-Der13 -,EEreemert fcr i.__ ., p.^.3LT _._p:1=3f :_1? Bey^a12?d improvements: al A sidewalk to be constructed long t:e north side of the 1C1 in accordance with ae Design 7riteria arm Standard 1pe^ificat cna of the ^.ity Of S:a<DDee. b) '1:iater and electric to be installed in accordance w;.h the requirements of the S TC Utilities !.maser. c) 'fne develotw_r sea_'_ a ee to the City `igineer's method of apportioning the installments remaining ==aid against the Plat and the: the developer waives his r.g to appeelir the apportionment. d)=nstallation of fire h;drants in accordance with the regpirements of the Fire Chief and _:y Engineer. e) Sanitary Sewer and storm water system to be inst•llle4 in accordance with the Design Criteria and Standard SDecificaticns of the City of Shakopee. f) A recordable document which provides the rules and regulations Of the Shakopee ',alley Square Campground shall be rade a hart of the Developersagreement to ensure that the operator of the campground has the authority to remove anyoccunmts or equl ment within twenty-four hours after the r_.er stage reaches a Point of two feet below the lowest sanitaryesewer. g) Parksdedication fee of ?j,257 to be paid for the entire pia.. 7. Review of the final lavdscape.:plans by a designee acting as liaiscn .,f tae P_a:c _.g-omm:ssion. Pedestrian. walkways be des' ---ed and developed in a _{orb Scut^ configuration off of and away £rani :'arsc:7=1 Road, -..,:ion carried unanimously. "e-ing/CDlligan moved to direci staff to place the final plat resolution fsr Shakopee Valley Scuare 1st Addition on the City ',ouncil agenca whe: ,e cond_tiDns of approva: «ave been met by the developer and the T.=... s been resclved. _,.tion carried unanimously. Leroux/Vierling offered Resolution No. 2543, A Resolution Calling Public Hearing on the Proposed Amendment of the Redevelopment Plan Relating to Minnesota River Valley Housing and Redevelopment Project No. 1; The Proposed Amendment of the Tax Increment Financing Plans for Tax Increment Financing Districts No. 2 Through No. 5; The Proposed Establishment of Tax Increment Financing District No. 6 and Adoption of the Tax Increment Financing Plan Therefor, and moved its adoption. Motion carried unanimously. Leroux/Vierling moved to authorize the appropriate City officials to execute an agreement with The Bakken Group, as drafted by Rod Krass, Asst. City Attorney which will provide reimbursement to the City for costs creating the tax increment district. Motion carried with Cncl. Lebens opposed. �o pamgy o�ovDv imc om vD 4 iaq' � I 5�1N H 21 %36 ksm WW -- NNS se m$ OQ s �o pamgy o�ovDv imc om vD 4 iaq' � I 5�1N H 21 -- Cp DD• a�� EMi pzp ,''--- � a IP 9p FTr— I ym``2 1 Z so 1 �o pamgy o�ovDv imc om N vD 4 iaq' � I N O 1 z O n m iaq' � En O 1 z O n m RESOLUTION NO. 2853 A RESOLUTION VACATING PART OF THE EASEMENTS WITHIN THE PLAT OF HALO 2ND ADDITION HEREIN DESCRIBED WHEREAS, Halo 2nd Addition is being replatted into a new development called Shakopee Valley Square 1st Addition and therefore it has been made to appear to the Shakopee City Council that the following easements within said Halo 2nd Addition no longer serve any public interest: A drainage and utility easements over and across the easterly 10.00 feet of Lot 1, and the easterly, westerly and northerly 10.00 feet of Lot 2, and the westerly and northerly 10.00 feet of lot 3, and the northerly 99.56 feet, together with the westerly 20.00 feet, together with the southerly 10.00 feet of Lot 4, Block 1. WHEREAS, a public hearing to consider said vacation was held in the Council Chambers of the City Hall in the City of Shakopee at 7:30 p.m. on the 4th day of February, 1986; and WHEREAS, two weeks' published notice was given in the SHAKOPEE VALLEY NEWS and posted notice was given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, on the bulletin board in the Shakopee City Hall and on the bulletin board at the Shakopee Public Utilities; and WHEREAS, all persons desiring to be heard on the matter were heard at the public hearing in the Council Chambers in the City of Shakopee; and WHEREAS, the public hearing was closed and the action to vacate the easements was allowed to rest until the plat of Shakopee Valley Square 1st Addition was ultimately presented to the Council for final approval; and WHEREAS, the final plat of Shakopee Valley Square 1st Addition will be approved by Council this date. 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 serves no futher public need. 2. That the following easements lying within the plat of Halo 2nd Addition be, and the same hereby are vacated: A drainage and utility easements over and across the easterly 10.00 feet of Lot 1, and the easterly, westerly and northerly 10.00 feet of Lot 2, and the westerly and northerly 10.00 feet of Lot 3, and the northerly 99.56 feet, together with the westerly 20.00 feet, together with the southerly 10.00 feet of Lot 4, Block 1. 3. 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 this day of 1987. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1987. City Attorney A Resolution Approving the Final Plat of Shakopee Valley Square 1st Addition WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Shakopee Valley Square let Addition on January 9, 1986 and has recommended its adoption; and WHEREAS, all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Final Plat of Shakopee Valley Square lst Addition, described as follows: Attached be, and the same hereby is approved and adopted with the requirements that: 1. Approval of a Title Opinion by the City Attorney. 2. Vacation of drainage and utility easements which were dedicated in the Halo 2nd Addition. 3. Approval of final plans and specifications by the City Engineer of all public facilities including but not limited to roads, sidewalks, sanitary sewer system, storm sewer and grading. 4. Execution of a Developers Agreement for the construction of the required improvements. a. A sidewalk to be constructed along the north side of T.H. 101 in accordance with the design criteria and standard specifications of the City of Shakopee. b. Water and electric to be installed in accordance with the requirements of the SPUC Utilities Manager. C. The developer shall agree to the City Engineer's method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appeal the apportionment. d. Installation of fire hydrants in accordance with the requirements of the Fire Chief and City Engineer. T a/ RESOLUTION NO. 2858 A Resolution Approving the Final Plat of Shakopee Valley Square 1st Addition WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Shakopee Valley Square let Addition on January 9, 1986 and has recommended its adoption; and WHEREAS, all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Final Plat of Shakopee Valley Square lst Addition, described as follows: Attached be, and the same hereby is approved and adopted with the requirements that: 1. Approval of a Title Opinion by the City Attorney. 2. Vacation of drainage and utility easements which were dedicated in the Halo 2nd Addition. 3. Approval of final plans and specifications by the City Engineer of all public facilities including but not limited to roads, sidewalks, sanitary sewer system, storm sewer and grading. 4. Execution of a Developers Agreement for the construction of the required improvements. a. A sidewalk to be constructed along the north side of T.H. 101 in accordance with the design criteria and standard specifications of the City of Shakopee. b. Water and electric to be installed in accordance with the requirements of the SPUC Utilities Manager. C. The developer shall agree to the City Engineer's method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appeal the apportionment. d. Installation of fire hydrants in accordance with the requirements of the Fire Chief and City Engineer. e. Sanitary sewer and storm sewer system to be installed in accordance with the design criteria and standard specifications of the City of Shakopee. f. Relocation of underground utilities along the east side of Lot 1, Block 1, Halo 2nd Addition. g. Park dedication fee of $5,267 to be paid for entire plat. h. Bluff Avenue roadway construction, sanitary sewer and storm sewer in accordance with the design criteria and standard specifications of the City of Shakopee. 5. A recordable document which provides the rules and regulations of the Shakopee Valley -Square Campground to insure that the operator of the campground has the authority to remove any occupants or equipment within 24 hours after the river stage reaches a point of 2' below the lowest sanitary sewer. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved Plat and Developer's Agreement. Adopted in session of the city Council of the City of Shakopee, Minnesota, held this _ day of , 1987. Mayor of the City of Shakopee ATTEST: Clerk Approved as to form this _ day of 1987. ty Attorney RESOLUTION # 2854 A Resolution Authorizing Conveyances WHEREAS, The following described property is no longer of use or benefit to the City of Shakopee and should be returned to the grantors; THEREFORE, BE IT RESOLVED BY THE SHAEOPEE CITY COUNCIL That the City reconvey to Burmahi, Inc. the property described in Exhibit A and to reconvey to Halo Development, Inc. the property described in Exhibit B; and reconvey the property described in Exhibit C to Wallace D. Bakken and Joanne F. Bakken, husband and wife; and BE IT FURTHER RESOLVED That all things necessary to carry out the purposes of this resolution are hereby authorized and directed done. Passed in session of the City Council held this _ day of December, 1987 Mayor of the City of Shakopee ATTEST: Prepared and approved as to form this 15th day of December, 1987 City Clerk ✓��.4 �I City Attorney EXHIBIT A The Easterly 30 feet of Lot 3, Block 1, Halo Second Addition, Scott County, Minnesota - according to the plat thereof on file and of record in the office of the Scott County Recorder. EXHIBIT B _ A 25 -foot drainage and utility easement -along the northerly 25 feet and a 50 -foot drainage and utility easement along the easterly 50 feet of the following described :-r-=•s- r' Commencing at the southeasterly corner of HALO -,FIRST ADDITION, :^7, according to the recorded plat thereof, Scott County, Minnesota; • << therice North 79 degrees 17 minutes' 51 seconds -East, assumed bearing, along:, said northerly right-of-way line of Trunk -Highway No. 101,. �xx apdLitance of 10.79 feet; thence North 30 degrees 36 minutes 13 ,yl. seconds West,.a distance of 294.60 feet to the intersection with s R'. the "southeasterly extension. of the northerly line of ksarda„fiALO FIRST ITION;"thence North 79 degrees 23 minutes 47-.seconds-Eisti `distance of. 21.62 feet to the point of beginning of the' aand, to :' be'descrlbed; thence continuing North79degrees 23 minutes 47 -- seconds -East, a distance of 138.38 feet; thence North 9-degree■=aN:' 36 minutes 05 seconds West, a distance of 7.43 feet to the intersection "-� with a line drawn parallel .with the centerline. of. First. Street from the northeasterly corner of said HALO FIRST ADDITION; thence North 79 a degrees 17 minutes 51 seconds East, along a line drawn parallel with Bald First Street, a distance of 373.18 feetto its intersection:_.. with the following described line: ,.,F. , a. �c+k Ywpp Coe,monciiig-at a'point'which is 1616.co'feet eea[erlr''`�F ;xr of the- East line of'Naumkeag "bereet ,' as' '-measured "along center line of First Street in Shakopee protected e,'1a1_? .. ua..ance ox ♦ou.uu reec 't o, point oint of q” o f`che line' to' be described;- fheneesoutherly el with said Naumkeag Street 'i'afstance of .t and -there terminating. -- - ees 54 minutes 30 seconda East, along %aid parallel -5i 75 feet to a point being 250.00 feet as angles .from the northerly right-oE-way line of. y'No.::101, .thence southwesterly along a Lina. First. Street, a distance of 511.89 feet; thence i&ht angles a distance of 44.56 feet to the point _y EXHIBIT C That part of Government Lot 5, Section 6, Township 115, Range 22, Block 1, Lot Iof Halo Second Addition, Scott County, Minnesota, being 10.0 feet in width and lying feet on either side of the described center line: Commencing at the Southwest Corner of Block 1, Lot 1, of Halo Second Addition,; thence East along the South property line for -.a -distance of 160.11 feet to the Southeast. corner; thence North along the Fast property line of Lot i for a distance of 24.0 feet; thence deflecting to the left 90" for a distance of 10.0 feet to the start of the easement, continuing onthesame line for a distance of 14.0 feet and there terminating. & 0005e n-1' 96 MEMO TO: John E. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Van Pool Request for Proposal Specifications DATE: December 10, 1987 The van pool contract with Van Pool Services Inc. (VPSI) expires April 15, 1988. On November 19, 1987 the Energy and Transportation Committee met to review proposal specifications for the van pool component of our transit program. BACKGROUND: Previously the City of Shakopee has entered into one year/one year option agreements for the provision of van pool service in the City of Shakopee. on April 21, 1987 the City of Shakopee exercised a one year option extending the existing contract to April 15, 1988. Shown in attachment #1 is a set of van pool proposal specifications being recommended for approval. The specifications are identical to those used in previous proposals. The Energy and Transportation Committee is recommending that the van pool contract duration be for two years wi4.h a third year renewable at the City's option. Shown in attachment #2 is a proposed schedule for the solicitation of Van Pool Proposals. The request for proposal concept is again being recommended because it gives the City greater flexibility in selecting a provider. I am expecting approximately two providers to be submitting proposals for the van pool program in Shakopee. Approve the van pool request for proposal specifications and authorize the appropriate City officials to advertise for proposals. Do not approve the van pool request for proposal specifications. Make changes to the van pool request for proposal specifications and authorize the appropriate City officials to advertise for proposals. STAFF RECOMMENDATION• Staff recommends alternative 41. (The recommendation of the Energy and Transportation Committee). ACTION REOUESTED• Move that the van pool request for proposal specifications be approved and that the appropriate City officials be authorized to proceed with the advertising for proposals. CITY OF SHAKOPEE VAN POOL Request For Proposal SPECIFICATIONS OFFICE OF THE CITY ADMINISTRATOR CITY OF SHAKOPEE 129 EAST FIRST AVENUE SHAKOPEE, MINNESOTA 55379 (612) 445-3650 W city of Shakopee Notice of Request for Proposals The City of Shakopee is seeking a qualified supplier to provide five to ten vehicles for a commuter van pool service that operates using volunteer drivers. This service is to be provided as part of the City of Shakopee's Transit Demonstration Program being implemented and managed by the City of Shakopee and Regional Transit Board. The commuter service would service specific locations; such as the airport, downtown Minneapolis,- U of M, etc. Vehicles would be instituted at such time as a minimum ridership is estab- lished, (eg. minimum of 9 filled seats on a 12 -passenger van.) It is anticipated that services requested will be for a 24 month period beginning April 16, 1988. Projected ridership is approximately 56,000 passenger trips for the contract period. Requirements to be included in the proposal may be obtained from City of Shakopee, 129 E. 1st Ave., Shakopee, MN 55379 on January 6, 1988. The deadline for submission of completed proposals is February 5 1988. Questions regarding the request for proposals should be directed to Barry Stock, 445-3650. This request for proposals Shakopee to complete the project to cancel the solicitation if it interest of the City. does not obligate the City of and the City reserves the right is considered to be in the best Judith S. Cox City Clerk CITY OF SHAKOPEE Published in the: Shakopee Valley News January 6 and 13, 1988 City of Shakopee Van Pool Request for Proposals General Overview The services specified are to be provided as part of the City of Shakopee's Transit Demonstration Program being implemented and managed by the City of Shakopee and the Regional Transit Board. Principle elements of the van pool portion of the Transit Demonstration Program include but are not limited to: A. A van service contract to provide between five and ten commuter vans and fleet management services. Proposal Recuirements The information presented in Sections 2 - 7 of this Request for Proposals (RFP) is required to be included in the response to this RFP. A. Project organization and staffing. 1. Names of project personnel 2. Organization of project personnel and corporate lines of authority. 3. Professional qualifications of key personnel.. 4. Responsibilities of key personnel for development and implementation of the project. 5. Location of office. B. Corporate background/resources/relevant experience. C. All items listed below and those items discussed in Section 3 - Contract Requirements of this proposal, should be discussed briefly in the proposal. 1. Annual administrative cost for the program. 2. Capability to provide telephone brokerage or follow-up to van pool applicants. 3." Proposed van pool formation and follow-up program. 4. Written policy statement regarding Affirmative Action/Equal Employment opportunity. /9'0 Contract Requirements A. Van Pool Formation Activities The contractor will set up a program for assisting the City of Shakopee in the formation of van pools. The following are some elements of this activity: Identify potential van pool markets, including interested drivers in those potential areas. Assist drivers in organizing their van pool groups. Assist drivers in getting licensed. The contractor shall agree to keep full and complete books of account under generally accepted accounting principles, as specified by the City of Shakopee. The contractor shall provide the necessary van pool registration for each vehicle as required by Minnesota Ride Share for reduced parking rates and preferential parking. Assist van pools in finding parking lots that meet the needs of the driver. Vehicle Requirements A. Vehicles provided must be air conditioned. B. The contractor shall include the following information pertaining to vehicles to be provided in the proposal: Name, make, model and specifications. C. Vehicles must have automatic transmission, power steering, power brakes, and front and rear heaters. D. At least six vehicles should be made available for the program with a minimum carring capacity of 12 persons and a maximum carrying capacity of 15 passengers. Additional vehicles shall be made available by the contractor for the program with a two week notice from the City of Shakopee. Additionally, the provision of 7 or 8 passenger vehicles should be addressed by the provider in the proposal. E. Maintenance program for the vehicles should be identified in the proposal. F. The contractor shall verify in writing that the vehicles to be provided in the program are in accordance with State and Federal laws governing such vehicles and equipment. G. All vehicles shall be completely insured by the contractor so as to hold the city harmless in the event of an accident. H. In the proposal the contractor should provide a plan- describing how transportation or replacement vehicles will be provided in the event of a break- down. I. Vehicles shall be made available for 150 miles of personal use each month for drivers and back-up drivers. The drivers shall pay the gasoline costs during this time. J. Vehicles must be equipped with engine heaters to assist in winter starts. K. The contractor shall designate in the proposal the estimated miles per gallon for the vehicles to be provided in the program. L. All vehicles must be maintained in good working condition with interior and exterior appearance kept in a condition acceptable to the City and the Regional Transit Board. The Contractor shall at no time during the contract si;pply or place into service vans that have mileage in excess of 10,000 miles. Additionally, vehicles provided by the contractor shall be taken out of service and replaced upon reaching an odometer reading of 75,000. Any exceptions to this proposal must be approved by the City of Shakopee. Record Keeping and Data Collection The contractor agrees to keep complete records as required by the Regional Transit Board and/or the City of Shakopee. All records pertaining to the van pool project will be open to inspection by officials of the City of Shakopee and the Regional Transit Board during regular business hours. Performance Bond A. Before the contract shall be valid and binding against the City, the contractor shall enter into a performance bond with the City of Shakopee for the use of said City and also for the use of anyone who may perform or cause to furnish any skills, labor, equipment, or material in the execution of such contract. The bond shall be - signed by the contractor with a surity company and shall be in the amount of $10,000 which bond shall at all times be kept in full force and effect for the term of the contract. Such policy must provide for a thirty (30) day notice to t h e City of any change, cancellation, or lapse of such policy. The conditions of such bond shall be that the contractor shall fully and faithfully perform all conditions of the contract and thes specifi- cations, shall pay anyone who may perform or cause 'to be performed any work of labor or cause to be furnished any skill, labor, equipment or material in the execution of the contract, and such bond shall provide that the full amount therefore shall be forfeited upon contractors failure to comply therein. Insurance (A) The Contractor shall provide insurance under a primary policy, coverage shall include bodily injury insurance in the amount of at least $200,000 for each person and at least $600,000 for any number of persons included in bodily injury. Property damage insurance shall also be provided by the contractor in the amount of at least $100,000. In addition to these coverages an umbrella excess liability policy in which the City of Shakopee and the Regional Transit Board is to be included as an additional insured shall be provided by the contractor in the amount of at least $1,000,000. Such policies must provide for a 15 day notice to the City of any change, cancellation or lapse of such policy. (B) The Contractor shall further guarantee to save the City and the Regional Transit Board harmless and indeminify the City and Regional Transit Board for any and all laws, claims, suits, judgements, and recoveries which may be asserted, made or may arise or be had, brought or recovered against the City and the Regional Transit Board by reason of any of the foregoing claims; and that he shall immediately appear and defend the same at this own cost or expense. (C) Prior to the effective date of the contract the Contractor shall file a copy of such policies with the City. Contract A. Award 1. The awarding of the contract by the City of Shakopee shall be subject to prior approval by the Regional Transit Board. 2. The following factors will be considered in selecting a provider. a. Provider's Experience b. Condition of Vehicles C. Provider's Insurance Capacity d. Program Cost e. Completeness of Proposal All providers submitting proposals will be notified within 7 days of the City's Energy and Transportation Committee's recommendation awarding the agreement. B. Dispute Resolution Process Questions regarding the Request for Proposals Specifications can be addressed by calling Barry Stock at (612) 445-3650. Parties who feel they have been unfairly considered in the selection process must notify the City in writing within ten (10) days of the City's Energy and Transportation Committee's awarding the contract. Disputes will be considered by the Energy and Transportation Committee within ten (10) days of receiving a providers complaint. The decision of the Energy and Transportation Committee regarding the complaint may be appealed to the Shakopee City Council. Appeals must be filed within ten (10) days of the Energy and Transportation. Committee's decision regarding the complaint. The Shakopee City Council will hear the appeal at their next regularly scheduled meeting. All decisions of the City Council regarding the appeal will be final C. Termination The City may terminate the contract with 30 days advance written notice. The City may terminate the contract at any time if funding of the program becomes unavailable through the Regional Transit Board, prior to the expiration of the contract. Contract Duration The contract will be 24 months in length with a third year renewable at the option of the City. It will begin April 16, 1988 and terminate on April 15, 1990. Actual operation will be for a 24 month period. Attachment #2 VAN POOL REQUEST FOR PROPOSALS RECOMMENDED TIME SCHEDULE E & T Agenda - Nov. 19th - Approval of Specs/Recommendation to Advertise for Proposals. Council Agenda - Dec. 15th - Specification Approval and Authorization to Advertise RFPs. Advertisement to Newspaper by Dec. 31st Ad Appears in Newspaper - Jan. 6th and 13th Mail RFP's to Prospective Bidders - Jan. 6th RFP Submission Deadline - Feb. 5th E & T Action on Proposals - Feb. 18th Council Action on Proposal and Agreement - Mar. 1st Agreement Effective Date - Apr. 16th 9G MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Request for 15 Minute Parking DATE: December 9, 1987 INTRODUCTION: On December 2, 1987 the City of Shakopee received a petition from the property owners located between 101 South Lewis and 109 South Lewis Street. The petitioners are requesting the location of two 15 minute parking stalls on the east side of Lewis Street between 101 South Lewis and 109 South Lewis Street. BACKGROUND• This past July the Shakopee City Council authorized a 15 minute parking zone on the west side of Lewis Street extending 35 feet south of East First Avenue. The 15 minute zone was established following the unauthorized placement of a "Loading Zone" sign along side of Lathrop Paint Supply Co. on Lewis Street. After discussing the unauthorized sign with the owners of Lathrop Paint and the VFW, staff felt that there was a need for limited parking at this location due to the frequent loading and unloading of trucks related to the effected businesses. (See attachment #1). Now, the business owners on the east side of Lewis Street have petitioned for the location of two 15 minute parking stalls on the east side of Lewis Street. (See attachment #2). With the recent street improvements and the creation of ac.:iitional parking stalls, staff is recommending that the request fc the 15 minute parking stalls be denied at this time. Staff has also reviewed the 15 minute parking zone on the west side of Lewis and is recommending that this 15 minute zone be eliminated. With the increased number of parking spaces in the downtown area, it is likely that there will be empty parking stalls during the period in which deliveries are made to Lathrop Paint Supply and the VFW, thereby making the 15 minute parking zone on the west side of .Lewis Street unnecessary. The affected property owners have been informed of staff's recommendation. ALTERNATIVES• 1. Deny the request for the location of two 15 minute parking stalls on the east side of Lewis St. between 101 South Lewis and 109 South Lewis and relocate the 15 minute parking zone on the west side of Lewis to First Ave. in front of Lathrop Paint Supply and the V.F.W. 2. Deny the request for the location of two 15 minute parking stalls on the east side of Lewis Street between 101 South Lewis and 109 South Lewis and eliminate the 15 minute parking zone on the west side of Lewis Street extending 35 feet south of East First Avenue. 3. Approve the request for two 15 minutes parking stalls to be located on the east side of Lewis Street between 101 South Lewis and 109 South Lewis. 4. Approve one 15 minute parking stall on the east side of Lewis Street between 101 South Lewis and 109 South Lewis. 5. Maintain the status quo. STAFF RECOMMENDATION: Staff recommends alternative R1. ACTION REODESTED: Move to deny the request for t`ie location of two 15 minute parking stalls on the east side of Lewis St. between 101 South Lewis and 109 South Lewis and relocate the 15 minute parking zone on the west side of Lewis to First Ave. in front of Lathrop Paint Supply and the V.F.W. o� MEMO TO: Mayor and City Council /I y FROM: Tom Brownell, Chief of Police RE: 15 Minute Parking Zone .. DATE: June 24, 1987 Introduction An unauthorized `suck loading zone has appeared along side Lathrop Paint Supply Co. on Lewis Street. Background A truck loading zone has appeared on the Lewis Street side of Lathrop Paint Supply and extends south from First Avenue. Staff feels there is a need for limited parking at t^.is location for the frequent loading and unloading of produces related to this business and for the VFW bottle trucks that cannot unload from First Avenue, considering volume and weight of the product. We have discussed the truck loading zone with the owners of Lathrop Paint and the VFW and the possibility of a 15 minute parking zone. Recommendation Authorize a 15 minute parking zone (not a truck loading zone)on the west side of Lewis Street extending thirty-five feet south of East First Avenue. Action Reauested Authorize the Chief of Police to establish and properly post a 15 minute parking zone on the west side of Lewis Street extending thirty-five feet south of East First Avenue. TB/jms We the undersigned, owners or managers of business's lo— cated on Lewis Street between 101 South Lewis and 109 South ow_, Lewis, hereby petition the City Council of the City of Shakopee, Minnesota, for -two(2) fifteen(15) minute parking stalls, to be located on the east side of Lewis Street, between 101 Sauth Lewis and 109 South Lewis. We feel our business's warrant having 15 minute parking more than any other business on this. street. Sport Stop 101 So. Lewis St. Wallace Perry Perry and Rog's Barber Shop 105 So. Lewis St. Roger Dedeker Perry and Rog's Barber Shop 105 So. Lewis St. River Valley Sport Ctr. 105 So. Lewis St. Sandy,44otbrmann Sandy's Hairstyling Ctr. Inc. 199 So, Lewis St. Dated: /a.)z Zk% ._ RECEi�`ED DECO 21987 CITY of SHHnOPEE, To: John K. Anderson, City Administrator From: Shakopee Fire SCBA Committee/Joesph Ries Fire Chief Re: Capital Equipment/SCBA-Air Paks Date: 11/29/87 Introduction: Bid specifications for Self Contained Breathing Apparatus (SCBA) were sent to the two authorized Scott breathing apparatus dealers in the area and the invitation to bid was printed in the Shakopee Valley news paper. Responses to the bids for the new SCBA were opened on November 20,1987 at 1:OOpm. Background: This purchase will provide the Shakopee Fire Department with state of the art self contained breathing apparatus which are absolutely essential in providing aggressive interior firefighting service to this community. The Shakopee Fire Department has been operating with self contained breathing apparatus for many years with some of the present operating apparatus being over 20 years old. This increases the danger of failure during use and requires frequent and expensive maintenance. New firefighting tactics and new fire hazards require extended interior firefighting capability. This capability is provided by the specified self contained breathing apparatus. Self contained breathing apparatus allow firefighters to work inside fire involved structures, rescue operations, hazardous material incidents and other areas which have hazardous atmospheric conditions. The specifications were written so the SCBA units would comply with up coming government regulations and to update and complete our conversion to modern equipment with an air supply of at least a 45 minutes. The specified number of SCBA along with our newest 11 SCBA will assure that all SCBA in the Shakopee Fire Department will operate in the same manner and will interchange. This would also allow buddy breathing for the safety all fire fighters. The SCBA to be traded in cannot be modified to meet government regulations and buddy breathing. The specified apparatus also meets all present and soon to be adopted OSHA requirements for self contained breathing apparatus used for interior firefighting (NFPA Standard 1981). Some of the specified capabilities which our older SCBA do not have are: increased air flow to the face piece, buddy breathing capability for increased firefighter safety, hardened lenses for better facepiece longevity, individual facepiece fitting and assignment to guard against leaks, and corrective lens capability. With new testing equipment we will be capable of flow testing the SCBA apparatus as required by the new NFPA 1981 Standard. The test equipment will allow us to eliminate the cost of flow testing required after repair and the testing required by OSHA. Present regulations require flow testing every 5 years, the new regulations state every 2 years. The test stand will allow us to check the first and second stage regulators, face pieces and all hoses and valves of the SCBA as required by OSHA. It also allows us to lower the cost of SCBA maintenance and reduces out of service time when SCBA units would other wise be sent to service centers. Bids Received: Two bid responses were received for the specified SCBA. One from Mid -Central Inc. and one from Elvin Safety Supply Inc. Upon reviewing of these two bid responses Mid -Central has offered the lower bid for specified equipment and services. In order to meet present and upcoming OSHA requirements regarding SCBA to be used in firefighting, additional costs were incurred. These were unanticipated when the amount for this SCBA acquisition was budgeted and has caused the amount required to purchase the necessary number of SCBA and test equipment to exceed the $32,000.00 budgeted for this acquisition. Some of these requirements were the capabilities listed in the introduction above. The majority of the increased cost of the SCBA was due to the 1981 NFPA standard increased the cost of each unit approximately $300.00. The requirements which caused the cost increase are: scratch resistant face lens, regulator changes which increases air supply to the fire fighter, buddy breathing for safety, and better wear resistance of the entire SCBA unit. The new NFPA 1981 standard also changes the status of our current 4.5 one hour SCBA units. The upgrade for these 11 units is an additional $4070.00. The following is an itemized listing of the equipment as bid by Elvin Safety Supply Inc. and their corresponding costs: 1. 24 SCBA apparatus at $1975.00 each: S47,400.00 2. Removal of 20 Hanson assemblies: -$1000.00 3. Upgrade of current 11 Scott 4.5 SCBA to meet NFPA 1981: not bid 4. SCBA Test Stand and Training: $3874.00 S. Trade in of old Scott IIA SCBA: -55500.00 Total: 643,209.04 Subtotal: $44,774.00 6. Delete eye glasses -1,600.00 7. Update of current 11 Scott 4.5 SCBA to meet NFPA 1981: 4.070.00 Total 47,244.00 The following is an itemized listing of the equipment to be provided by Mid -Central Inc. and their corresponding costs: 1. 24 SCBA apparatus at $1602.46 each: $38,459.04 2. Removal of 20 Hanson assemblies: -$400.00 3. Upgrade of current 11 Scott 4.5 SCBA to meet NFPA 1981: $4070.00 4. SCBA Test Stand and Training: $4820.00 5. Trade in of old Scott IIA SCBA: -$3740.00 Total: 643,209.04 NOTE: The bidders did not break out the items the same, therefore the above prices show some items added or subtracted to give a fair analysis. 2 Alternatives: 1. Not to award the Bid t SCBA. This alternative does 1981 requirements. It also reliability and safety which and Rescue situations. o Mid -Central Inc. and operate with the present not allow us to conform with the NFPA Standard does not provide us with the tactical benefits, the newer Scott 4.5 SCBA provides for all Fire 2. Award the bid to Mid -Central Inc. and purchase 24 SCBA units with the removal of 20 Hanson assemblies, and upgrade the current 11 4.5 SCBAs to meet the NFPA 1981 Standard. Include the SCBA test stand and training with the trade in of our current Scott IIA SCBA units. Recommendations: The committee appointed for this acquisition recommends the second alternative as it best provides the Shakopee Fire Department with the tools needed to continue offering state-of-the-art firefighting and rescue service to the City of Shakopee. These SCBA apparatus will also meet the current and soon to be adopted OSHA requirements (NFPA standard 1981) for SCBA to be used in interior firefighting and hazardous atmospheres.. Because delivery of the units will be in late January or early February the 1987 budged amount of $32,000.00 will need to be carried over into early 1988. At that time, the 1988 budget for SCBA equipment of $5000.00 could also be use for this purchase. In view of the fact that our budget would still be approximately 6209.04 short of the bid price, we would consider using the 1988 monies budgeted for Hazardous Material Suits. The amount for this was 7000.00. This amount could be added to cover the over cost. We suggest and consider this because we feel the Self Contained Breathing Apparatus as requested is most vital and the change can not be altered or prolonged. Action Requested: 1. Award the bid to Mid -Central Inc. in the amount of $43,209.04 to purchase 24 SCHA units with the removal of 20 Hanson assemblies, and upgrade the current 11 4.5 SCBAs to meet the NFPA 1981 Standard. Include the SCBA test stand and training with the trade in of our current Scott IIA SCBA units. 2. Offer Resolution No. 2849, A Resolution Amending Resolution No. 2817 Adopting the 1988 Budget, and move its adoption. RESOLUTION NO. 2849 A RESOLUTION AMENDING RESOLUTION NO. 2817 ADOPTING THE 1988 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the appropriations are increased as follows: Fund Category Division Amount O1 4511 32 $32,000.00 17 4710 00 32,000.00 and the increases are offset or funded by increases in the following accounts: Fund Account/Category Amount 01 3900 Tranfers $32,000.00 17 Fund Balance 32,000.00 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1987. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1987. City Attorney C C) A .S est rt' lob MEMO TO: John K. Anderson, City Administrator City Council FROM: LeRoy Houser, Building Official RE: 1210 Polk St. - foundation DATE: December 9, 1987 INTRODUCTION I have read the letter from Krass and Monroe on the above captioned property. BACKGROUND Due to the uncooperative nature of Dick Wiggin on related matters in the past, it is my recommendation we fill in the excavation and knock off the top row of blocks. We can proceed with the Street Dept. equipment and manpower if the Public Work's Supt. feels he can free the men and equipment to do the job. If not, I will employ a private contractor. ALTERNATIVES 1. Fill in the excavation and knock off the top row of blocks. 2. Raze the building and remove materials from the premises. 3. Allow Mr. Wiggin more time to obtain his permit. I recommend we fill in the excavation and knock off the top row of blocks along with keeping an accurate record of expenses which - will be taxed against the property following court approval. ACTION REQUESTED Direct City staff to fill in the excavation and knock off the top row of blocks at 1210 Polk Street. Also keep an accurate record of expenses to be taxed against the property. LH:cah Phillip R. Krass Dennis L. Monroe Barry K. Meyer Trevor R. Wallen Jay D. Goldberg Elizabeth B. Mdaughlin Susan L Estill Diane M. Carlson Lachlan B. Muir Kent A. Carlson. CPA Mr. John Anderson City Administrator 129 East First Avenue Shakopee, MN 55379 LAW OFFICES KRASS & MONROE CMRTERED December 7. 1987 Re: Property Located at 1210 Polk Street Our File No.8-1373-11 Dear Mr. Anderson: Marschall Road Business Center 327 Marschall Road P.O. Bon 216 Shakopee, Minnesota 55379 Telephone 445-5080 FAX 4457640 R�€°.Et 46GpJ DEC p 8198, CITY pF SHAKOpEE As you are aware, City Council on August 4th found the premises at 1210 Polk Street to be a hazardous building due to the failure of record owners to complete construction following excavation. Initially this matter was scheduled for court in early November. Prior to the hearing, I was contacted by one of the record owners, Dick Wiggins, who was undertaking the construction of the building on the property. He indicated that he was in the process of lifting the Lis Pendens on the property from a previous judgment and would be able to begin construction forthwith. At that initial hearing date, I agreed to continue the matter for two weeks on three conditions: 1. That he immediately erect a fence around the excavation remedying the hazardous condition; 2. That he reimburse the City for the cost of filing and service fees in this matter; and 3. That he obtain the building permit which had been applied for and approved by the City. Mr. Wiggins complied with two of the three conditions of the continuance, but failed to obtain the building permit which would place him under some deadline for the construction of the building. Raving checked with City Hall and being unable to locate him, I appeared before the court on November 20th and obtained the Order on this matter by default. Mr. John Anderson Page 2 December 7, 1987 I have not been contacted by Mr. Wiggins personally, although I was contacted by his wife who indicated he was out of town and did intend to obtain the permit. She also indicated there had been some discussion of filling in the excavation with dirt as an alternative to knocking down the excavation. By the Court's Order, the City now has authority to authorize the razing of the building and removal of the materials from the premises. It also may choose to fill in this excavation as suggested at the expense of Mr. Wiggins. Or, it may choose to allow him more time to obtain the permit and begin construction since the immediate safety hazard seems to have been remedied by the erection of the fence. Whichever option the City chooses, it should keep an accurate account of the expenses incurred and these may be taxed against the property following court approval. From my brief conversations with Mr. Wiggins, he seems cooperative. However, I know this condition has existed on this property for some time. If the council chooses to take actions which cause the City to incur expenses, please send a statement of any monies received together with the expenses, so we may apply to the court for an order taxing any costs not paid by Mr. Wiggins to the property. If you have any questions or concerns regarding this matter, please do not hesitate to contact me. Very truly yours, ERASS d MONROE CHARTERED AssistantSh kopee Attorneys 5 7 C Susan L. Estill SLE:ph io MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Acquisition of a Trail Easement from Robert Sweeney by the Department of Natural Resources DATE: December 9, 1987 Introduction The Department of Natural Resources (DNR), the city and Robert Sweeney have been involved in three way negotiations for many months now in an attempt to find a mutually beneficial agreement that would enable Mr. Sweeney to improve his marina and the DNR to extend the Huber Park Trail east from the Community Recreation building to Murphy's Landing or beyond. Background The three parties in this discussion have had numerous meetings during which a large number of alternatives have been discussed. In late October Mr. Sweeney decided that he could not make satisfactory progress in negotiations with the DNR and he drafted two separate requests and submitted them to the City (attached letters dated October 19, 1987). In the first letter Mr. Sweeney has asked that we assist him in the vacation of Market Street and Minnesota Street north of Bluff Avenue. In the second letter Mr. Sweeney has asked permission to place dredgings from his marina basin at the west end of Bluff Avenue in Huber Park. Mr. Sweeney is asking that we separate these requests from the three way negotiations so that he can move forward with plans for marina improvements in 1988 without having to wait for a final agreement with the DNR. The DNR, in the attached letter dated December 4, 1987, has now decided to forego negotiations for the trail easement and to attempt to acquire all of Mr. Sweeney's property that lies within the floodplain. Underlying Interests It is clear from the three way negotiations that the DNR would prefer to own all of the property thus maximizing its control over the environment through which the trail will be constructed. The City would enhance its ability to attract tourists during the summer if the Huber Trail were completed and it would be an asset to downtown redevelopment. It is also clear that Mr. Sweeney wishes to redevelop the marina which would keep it on the tax rolls and potentially provide another summer recreational attraction for the community and for the downtown redevelopment. It is the City staff's opinion that should the DNR or Mr. Sweeney be able to maximize their goals one of the two projects would not go forward. Therefore, the City has negotiated to seek an agreement that would allow both projects to go forward. If we assist the DNR in maximizing their goals we forego the potential of Mr. Sweeney's development. If we assist Mr. Sweeney, as he has requested in his October 19th letters, we may forego the possibility of the DNR extension of the Huber Park trail. City Council needs to determine if it wants to maintain the three party negotiations. This has the potential of being slow and frustrating for all three parties. If Council simply wishes to assist Mr. Sweeney or the DNR in pursuing their individual ---- interests the issue may be much .simpler to resolve, however, one party may be left out of the solution. Alternatives 1. The City can take action on either one or both of Mr. Sweeney's requests as outlined in his October 19th letters. 2. The City can sit back and allow the DNR to go through its formal acquisition procedures in an effort to acquire all of Mr. Sweeney's property within the floodplain. 3. The City can continue to seek a mutually acceptable agreement that would allow both projects thus maximizing the benefit to the City. Under this alternative an idea that has not been discussed in a joint meeting, but one that I have proposed to both parties, would have the City acquire an easement for the trail across Mr. Sweeney's property. The City could in turn lease the trail easement to the DNR for one dollar. This would allow for the construction of a trail that is acceptable to Mr. Sweeney, not technically acceptable to the State, but implementable because the City holds the easement not the State. This particular approach has the following advantages and disadvantages. Advantages: a. Mr. Sweeney is seeking a dredging site and street vacations from the City not the DNR. Therefore, it is more logical for him to trade easements with the City. b. The DNR will be constructing the trail on other portions of City property (e.g. Huber Park) so the construction of the trail across a City easement should not be dramatically different. C. Mr. Sweeney should be able to construct his marina with the street vacations and dredging site provided by the City without further land or easement trades with the DNR. /6 C/ d. There has been some question about the ability of Mr. Sweeney to actually complete his marina proposal and turn it into a viable commercial operation. Under this proposalshouldMr. Sweeney fail to make the project work, the option is still open for the DNR to attempt to buy all the land from Mr. Sweeney and for Mr. Sweeney to sell the property to the DNR or anyone else. Disadvantages: a. The City, as owner of the easement, would have additional liability exposure should there be an accident at this location on the trail. The City does not need to acquire insurance and our exposure on this easement should be no more or less dramatic than our exposure along the trail which lies in Huber Park. b. The City will have to enter into an easement agreement with the DNR that would not otherwise be required so that the DNR can construct and maintain the trail. Recommendation Staff recommends alternative No. 3 for the reasons discussed above. Action Requested 1. Direct the appropriate City officials to enter into negotiations with Bob Sweeney for the purpose of acquiring a trail easement across his property in exchange for a dredging permit on City property and the vacation of Market Street and Minnesota Street north of Bluff Avenue. 2. Direct the appropriate City staff to negotiate a trail easement with the DNR. TKA/jms Minnesota River Boat Livery 506 Holmes Street Shakopee, Minnesota 55379 M."e etA (612)645-2493 7�$ oU/� �aa167 CITY OF SHAKOPE� 5_tob er 19. 1997 John Anderson City Administrator City of Shakopee 129 let Ave E Shakopee Mn 55379 Dear Mr. Anderson: In our discussion of the easement situation surrounding the marina property, I brought up the street easements for Market St. and Minnesota St. on the west and east sides of the property. At this time, neither street leads anywhere, and the property on either side is unlikely to be developed since it is owned by the state. Minnesota St. has never been opened North of Bluff Avenue and Mr. Wilmer Stier the other adjoining property owner on Bluff Avenue has verbally indicated he would be willing to participate in closing the street. Market St. has not been maintained by the city for more than ten years and has been a constant nuisance since cars occasionally come down it and then park on my property and litter it. I have not discussed the possible with the R..,.., s.v l;e rs w,.o own Lhe l..i Lo Ine wcsi iron Ling en Bluff Avenue. Any assistance that you can give in helping clear up these problems would be appreciated. Sincerely, R. 0. Sweeney Minnesota River Boat Livery /6 C/ 506 Holmes Street Shakopee, Minnesota 55379 (612)445-2493 RVECF_,?r=0 OCT 2 1, 19117 CITY OF SHAKOPEE October 19, 1987 John Anderson City Administrator City of Shakopee 129 1st Ave E Shakopee Mn 55379 Dear Mr. Anderson: Pursuant to our conversation, I request that I be given permission to put the dredgings from the marina basin at the west end of Bluff Avenue. Also, I would appreciate the city's help in obtaining the necessary dredging permits. I am anticipating dredging next spring, April 1988. Thank you for your consideration. Sincerely, R. 0. Sweeney lr�,DE r�STrAATEEOF H � LZ0 y�laLPARTMENT PHONE No. 296-2553 December 4, 1987 OF NATURAL RESOURCES 1200 Warner Road, St. Paul, Minnesota 55106 FILE NO. John Anderson, Administrator City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379-1376 Dear John: D -u Fro C�TYOP 1I9P ~Fc The intent of the Department of Natural Resources with regard to the Sweeny property (marina). Is to purchase all his land with the exception of the buildings (lots) along Bluff Street. We would acquire, in fee, all his property in the floodplain. In my most recent discussion with Mr. Sweeny, I asked him if he would sell his property to the State. He has not given me a yes or no and intends to talk to his attorney first. Assuming Mr. Sweeny says yes, the State will go through Its standard procedures of appraisal, etc. This process can take up to a year and can fall if the State and Mr. Sweeny can not agree on a price. We feel it is important to try to purchase what is most desirable for the trail and the public using the trail. I will let you know when Mr. Sweeny says yes or no. Sincerely, Bill Weir Regional Park Manager cc: Bob Piotrowski, Trails Project Coordinator Tom Danger, Supervisor, Trails Operation 8 Grant -In -Aid Section Bruce El(ason, Manager, Minnesota Valley Trail BW1127:1k AN EQUAL OPPORTUNITY EMPLOYER ,Valley Engineering Co., Inc. E V Tekpl 4 -2PO P.a 104, ntmrcwo 55313 ' It S LurF STREET -- 1"= 50 R1 Ne. 27; S " 1M ii�4FIkvprr TDmmunitg Orruirra C C/ 129 Levee Drive Shakopee, Minnesota 55379 Phone 445-2742 Community Education • Parks • Recreation • Adult Education Memo To: John K. Anderson, City Administrator From George F. Muenchow,Director Shakopee Community Recreation Subject: Ice Skating Rink Lighting Date . December 11, 1987 Introduction: There has been an expression of interest that there be more opportunity for night outdoor ice skating than what is available at present. Background . The City Of Shakopee constructs and maintains outdoor ice skating surfaces in five neighborhood locations during the "normal" outdoor ice skating season. All of these locations are serviced by staff members of Shakopee Community Recreation during Christmas Vacation and on weekends in January and the first week of February. Volunteer residents step forward to provide the same service during the week at two locations. Hockey coaches affiliated with S.C.R. through the Shakopee Hockey Assn. are loaned keys so that they can use hockey rinks on a scheduled basis. Despite all of the pre -mentioned times that skating rinks are lighted, there still are some evenings when at least three of the municipal rinks are dark. Alternatives: 1. Install an exterior button switch with a timing device that allows the general public to turn on the lights as desired for a pre-set amount of time such as 90 minutes. This furthermore would be governed by another timing device that would limit usage between the hours of 5-11:00 PM. This unit would be installed at Stans Park by S.P.U.C. with an estimated cost of equipment being $300.00. 2. Request Shakopee Community Recreation to expand their Skating Rink Supervisor's hours to include weekday evenings at locations not currently serviced at a cost of approximately $300.00 (Per rink location). 3. Do nothing. Recommendation: Authorize staff to arrange for the installation of an exterior button switch connected to timing devices to permit the general public to have access to lighted skating rinks during hours permitted with this system to serve as an experiment for consideration of expansion to other rinks at a later date. Action Authorize the installation of an exterior button switch system for activating skating rink lights at Stans Park during controlled evening hours. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 C©tjSe_./V I TO: Mayor, Councilmembers FROM: Tom Brownell, Chief of Police RE: Radar Unit Purchase DATE: November 30, 1987 INTRODUCTION The department has budgeted $7,500., in 1988 capital equipment funding for the purchase of one additional radar unit and the replacement of one unit no longer serviceable. /Oe The units must be compatible with existing units, so that additional operator training is not required and capable of being repaired in the metropolitan area to reduce shipping charges and lengthy down time. The units meet our requirements and those established by Federal regulation. The vendor Eustom Electronics Inc., has quoted a price of $1,795, per unit which includes the trade-in of a used unit, serial AA2290, an additional $50.00 discount certificate will be provided for the total purchase price of $3,540., delivery after January 1, 1988, the purchasing committee has approved purchase. f•�5ii� Purchase two radar units from Rustom Electronics Inc., at a cost of $3,540., and declare radar unit AA2290 surplus property. Authorize the police department to purchase two radar units from Rustom Electronics Inc., at a cost of $3,540., and declare radar unit AA2290 surplus property. CONS e NT lof TO: Mayor, Councilmembers FROM: Tom Brownell, Chief of Police RE: Mobile Radio Purchase DATE: November 30, 1987 The department has budgeted $1,500., for the purchase of one portable radio in 1988 capital equipment funding. RliffeWeli MI The department operates two investigative vehicles which are not equipped with mobile radios. We have been using portable hand- held radios in these vehicles which do not have scanning capability, which limits the officer to monitoring one channel. Calls are transmitted on three channels which is resulting in the officers failing to respond to calls and provide assistance to other officers due to the lack of communication. I am requesting the funding for a portable radio to be used for the purchase of two mobile radios at a cost of $825.00 per unit. Purchase two Motorola mobile radios from the Minnesota Fire Agencies Purchasing Consortium Bid A5839 -M at a cost of $1,650. The quotation is valid for 30 days, delivery is a minimum of sixty days. Authorize the police department to purchase two Motorola mobile radios at a cost of $1,650., using 1988 capital equipment funding to accept delivery in 1988. c c) Ns X09 TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Farm Leases for 1988 DATE: November 12, 1987 Introduction The City leases out a parcel of land for farming. It is time to address the lease for 1988. Background Gene Hauer has has an interest in signing a lease for 1988 for the Memorial Park land under the same terms and conditions as have existed for several years. Alternatives 1. Execute lease with Mr. Hauer. 2. Do not execute lease with Mr. Hauer. Recommendation Alternative # 1. Action Reauested Move to authorize the proper City officials to execute a farm lease with Gene Hauer for the Memorial Park land for 1988 under the same terms and conditions as 1987. //"J MEMO TO: John K. Anderson, City Administrator /0'/ FROM: Judith S. Cox, City Clerlf /`F� RE: Municipal Parking Lot Leases DATE: December 11, 1987 Introduction The annual municipal parking lot leases with Bergsted Properties and Brambilla's Autos expire at the end of the year. Back round The City has granted the two leases to both partjs;s for a number of years now. They are for the municipal parking lot west of Holmes and south of Levee Drive. Because this parking lot is not heavily used, leasing spaces has not posed a problem. The lease includes a 30 day notice of cancellation by either party and by the City of Shakopee. When work on the mini by-pass begins, the leases will have to be terminated. Bergsted Properties are leasing seven spaces. Brambilla's Autos are leasing 25 spaces at $12.00 and an additional 12 spaces are being provided at no charge for the tenants in the Brambilla apartments. This is consistant with the agreements of last year. Mr. Brambilla takes care of snow removal in this area and cleans up the litter. Alternatives 1. Enter into the leases. 2. Do not enter into the leases. 3. Amend the leases. Recommendation Alternative No. 1, enter into the leases. Action Requested Authorize and direct proper City officials to enter into an agreement with Jack Brambilla and Bergsted Properties for a municipal parking lot permit for 1988 for the Black Arrow parking lot at $12.00 per parking space. JSC/jms SPECIAL PERMIT MUNICIPAL PARKING LOT The City of Shakopee, Minnesota, the owner of a municipal parking lot known as the Black Arrow Parking Lot, hereby grants to "Levee Drive Associates", and their tenants, the right to park vehicles in seven (7) spaces in said parking lot without limitations of time, and which spaces are to be appropriately marked by the City, and shall be the first seven (7) spaces immediately east of Fuller street and south of Levee Drive in Block 5, Original Shakopee Plat, and the lessee shall pay to the City in advance, the sum amount of Twelve Dollars and no cents ($12.00) per space per year. This permission is for a period terminating on December 31, 1988, and may be cancelled by either part_✓ on thirty (30) days written notice to the other, in which case unearned portions of the fee charged, if any, shall be refunded. If permission is cancelled by the City for a violation of ther terms and conditions hereof by the grantee herein, there will be no refund. The lessee hereby agrees to provide up to three parking spaces as needed, at the highrise site for handicapped congregate dining parking. There shall be no sales, repairs, or storage of vehicles ::nd all vehicles must be currently licensed and operational. 'che permit granted hereby is for the sole and exclusive use of the lessee named herein and tenants of said lessee and no other person. The lessee shall keep the portion of said lot covered hereby in a neat, clean, and safe condition at all times and shall not permit or tolerate snow birds on any portion of the areas covered hereby, and the lessee assumes all risks incident to the use of the premises for parking space and shall indemnify the City against any loss, damage, or expense resulting from personnel injury or damage to, or loss of, property caused in any manner by the Lessee, and against any loss, damage, or expense resulting from injury to the Lessee, to the tenants of the Lessee, and to the employees of the Lessee. The City shall continue providing snow removal services for the parking lot in the same manner as it provides services to all municipal parking lots. The lessee and his tenants shall cooperate with the City as needed to permit snow removal. This agreement supercedes the agreement dated December 2, 1986 by and between the same parties. SPECIAL PERMIT MUNICIPAL PARKING LOT The City of Shakopee; Minnesota, the owner of a municipal parking lot known as the Black Arrow Parking Lot, hereby grants to Brambilla's Autos the right to park vehicles in thirty-seven (37) spaces in said parking lot without limitations of time, and which spaces are to be appropriately marked where possible by the City, and shall be the eighteen (18) spaces in the middle of the lot east of the street light, seven (7) spaces in the northeast corner of the lot abutting Levee Drive, and the first twelve (12) spaces west of State Highway 169 abutting the alley, all in Block 5, Original Shakcpee Plat. The grantee, Brambilla's Autos, shall pay to the City in advance, the sum of twelve dollars and no cents ($12.00) fer 25 parking spaces. on a temporary basis, twelve parking spaces will be allowed at no charge for tenants in the Brambilla Apartments. T' vehicles using the 12 free parking spaces shall also obtain a te:..porary parking permit. This permission is for a period terminating on December 31, 1988, and may be cancelled by either party on thirty (30) days written notice to the other, in which case unearned portions of the fee charged, if any, shall be refunded. if p:rmission is cancelled by the City for a violation of the terms and conditions hereof by the grantee herein, there will be no refund. There shall be no sales of vehicles and no repairs or storage of vehicles incapable of being legally operated upon public streets pursuant to the terms hereof. Cars which will not start because of dead batteries shall be permitted. Cars which do not have current registration shall not be permitted. The permit granted hereby is for the sole and exclusive use of the grantee named herein and agents and employees of said grantee and no other person. The grantee shall keep the portion of said lot covered hereby in a neat, clean, and safe condition at all times and shall not permit or tolerate snow birds on any portion of the areas covered hereby, and the grantee assumes all risks incident to the use of the premises for parking space and shall indemnify the City against any loss, damage, or expense resulting from personnel injury or damage to, or loss of, property caused in any manner by the Lessee, and against any loss, damage, or expense resulting from injury to the Lessee, and against any loss, damage, or expense resulting from injury to the Lessee, to the agents of the Lessee, to the employees of the Lessee and to the general public. MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer AA — SUBJECT: Sidewalk Replacement/Repair Policy DATE: December 10, 1987 INTRODUCTION: The City does not currently have a sidewalk replacement/repair Policy but included $2,000.00 in the 1988 budget in anticipation of a policy decision. BACKGROUND: I discussed the absence of a policy with attorneys for the League of Minnesota Cities. Apparently the number of cases as the result of injuries due to poor sidewalks are on the rise and the most difficult cases to defend are those where Cities do not have an inspection procedure and repair policy. Attached is a survey of how other cities are handling their sidewalk repair programs. It is evident that there is no consistency among the policies. It is my opinion that the City is in a much better position if periodic inspections are completed of the sidewalk condition and take "reasonable actions" to correct hazardous conditions. Reasonable action is somewhat ambiguous but to ignore hazardous situations can constitute negligence. RECOMMENDATION: I recommend that the City take action to develop a sidewalk replacement/repair policy which would establish periodic inspections and funding mechanism. Inspections The City should provide for adequate staff support to accomplish annual sidewalk inspections. Sidewalks that pond water and ice should be programmed for systematic repair. Sidewalks that are cracked or heaved to cause an elevation fault between 1/2" and 1" should be programmed for systematic repair. Sidewalks that are cracked or heaved to cause an elevation fault in excess of 1" or those that cause an undue hazard due to other conditions should be repaired immediately. Sidewalk Policy December 10, 1987 Page 2 Funding Policies Sidewalks that need repair that were installed under a City contract and less than 10 years old should be funded by the City. Sidewalks that need repair that were not installed under a City contract and less than 10 years old should be paid for by the adjacent property owner. Sidewalks that need repair that are older than 10 years should be jointly funded 50% City/50% adjacent property owner. REQUESTED ACTION: Move to direct City staff to formulate a sidewalk replacement/repair policy and draft an ordinance for Council review. KA/pmp SIDEWALK SIDEWALK REPAIR/REPLACEMENT POLICY SURVEY REGULAR INSPECTION COST CITY POLICY PROCEDURE RESPONSIBILITY St. Anthony No No City Crystal Yes Yes Shared Robbinsdale No No Property Owner Brooklyn Center No Yes City Bloomington No No City Columbia Heights No Yes Property Owner Champlin N/A Blaine N/A Apple Valley No No City Edina No No Property Owner Burnsville No No Shared Richfield No No City Austin No No Property Owner Fridley Yes No City Golden Valley No No City Brooklyn Park No No City Hopkins No No Property Owner Eden Prairie No No City Coon Rapids No No City MEMO TO: John K. Anderson, City Administrator lOv FROM: Steve Hurley, MIS Coordinator �>4 SUBJECT: Computer Purchase, Networkable Word Perfect Network Configuration DATE: December 10, 1987 INTRODUCTION: At our most recent computer committee meeting, November 24, 1987 several items were discussed including networkable Word Perfect software, new network workstations and network configuration. BACKGROUND: 1. Networkable Word Perfect: Cost comparison of networkable Word Perfect and upgrading disk space by adding another hard disk drive definitely favors the additional hard disks. The addition of networkable Word Perfect would free up approximately 11 mb of disk space. The cost of new software plus what has been spent to date on existing Word Perfect software would be $2,697.00. The cost of the additional 11 mb of disk space would be $2,697.00 - 11 = $245/mb In contrast, the addition of a second 70 mb drive giving 65 mb of useable disk space plus an upgrade to 2 mb of RAM would cost $1,310.00 or $1,310.00 - 65 = $20.00/mb. The major advantage of networkable Word Perfect is the ability of one person on the network to access a file created by someone else on the network. However, since files can be copied from one directory to another in our existing Word Perfect much of this advantage is lost. We currently have approximately 18% of available disk space which can probably be increased to 25-30% with the removal of little used or unused files. I would recommend upgrading when free disk space approaches 10% or 6.5 million bytes. 2. New Workstations: The 1987 capital equipment budget for network equipment has approximately $10,000.00 in it. Three new workstations for the network have been scheduled for purchase as a part of the City's long range computer acquisition plan. One will go to Finance and two will be in Administration. jo Y Computer Purchase December 8, 1987 Page 2 At least two of the stand alone Stearns computers will be replaced. The cost for three (3) dual floppy workstations with amber monitors, one active hub, cables, and installation is $4,800.00. 3• Network Configuration: One department (Building) is in need of a second computer that can be used to run recently acquired software. The packages acquired are useable on Stearns. It has been suggested that if possible one of our Stearns be available for use by either the City Attorney or Recording Secretary. The City Clerk has also requested a microcomputer- Three Stearns microcomputers could be replaced by three new workstations. Most logical would be one in Finance and two in Administration (Admin. Secretary and Receptionist). The Stearns would then be located in the Building Department, City Clerk's office, and either City Attorney's office or with the Recording Secretary. RECOMMENDED ACTION: 1. Networkable Word Perfect No Action Necessary. 2. New Workstations Purchase 3 Multi -Tech 710 workstations, 14" amber monitors, cables, active hub and installation from Quannon Computer Products for a cost not to exceed $4,800.00. Delivery to be made prior to January 11 1988. 3. Network Configuration No action necessary. REQUESTED ACTION: Move to authorize purchase of 3 Multi -Tech 710 microcomputers�gGE.�� with amber monitors, cables, active hub, and installation from Quannon Computer Products for a cost not to exceed $4,800.00. Funds to come from 1987 capital equipment budget. SH/pmp COMPUTERS /011� MEMO TO: John K. Anderson, City Administrator FROM: John H. DeLacey, Engineering Technician II SUBJECT: Canopy at Kopisca Building DATE: December 10, 1987 INTRODUCTION: Due to the new alignment of the curb line on the Downtown Streetscape Project there is a need to modify the existing canopy on the Kopisca Building located at 113 S. Lewis Street. BACKGROUND: The curb lines at the alley crossings are placed at an angle to the street (See attached sketch) for proper turning in and out of the alleys. The new curb line alignment on the north side of the alley next to the Kopisca Building has left the canopy of the building overhanging into the street. Staff feels that this is a safety hazard and should be taken care of. We have solicited quotes for the canopy to be modified so it will not overhang into the street. We received one quote from Valley Glass to modify the canopy for $490.00. Other companies opted not to provide a quote. Staff has also been in contact with Mr. Kopisca and he is in agreement that the work needs to be performed. I have talked with Mr. Collar as to who has the responsibility for payment for the work. He has stated that since the curb line alignment was changed, thus creating the safety hazard, the responsibility should be with the City. ALTERNATIVES: 1. Authorize Valley Glass to perform the work and have the City pay for work performed at the bid price of $490.00. 2. Inform Mr. Kopisca that his canopy overhangs into the City street creating a safety hazard and that it is his responsibility to have the work done. 3. Do Nothing. RECOMMENDED ACTION: Staff recommends Alternative No. 1. RRQUESTED ACTION: Move to direct staff to authorize Valley Glass to modify the canopy at the Kopisca Building for $490.00. JHD/pmp CANOPY CL E I 7�1� E w A, 0 rD Va&f( aJ&Ml 9KC. 213'h E. 1st Avenue P.O. Box 196 SHAKOPEE, MINNESOTA 55379 (612) 445-1445 CITY OF SHAKOPEE 129 1st. Ave. Shakopee, Mo. 55379 Dear Mr. DeLacy, 12/2/1987 Per our conversation on the week of Dec. 1, 1987. We are giving you our proposed cost for cutting down the canopy at 119 S. Lewis to conform with the new curb at this site. TOTAL COST - $490.00 f Tax & Labor included WE PROPOSE to furnish labor and material — complete in accordance with above specifications, and subject to conditions found on both sides of this agreement, for the sum of: Four hundred ninety -------------------------- dollars($ 490.00 ). Payment to be made as follows: 30 days - - - - ACCEPTED. The above oticn, sitadfieatems aAd conditions are satMac Respectfully submitted, tory and ars hoe" .c -;Aad. You a,a authori`ad to do ma wa,F as specified. Payment will De made as outlined above. (Read revere side). - 7faffeg GEaae, 9w`�% Date of Acceptance By By e Nete:Thh pm,asal may be wRhdrawn by us 11 not ecceptetl whin 30 days. Uonsen MEMO TO: John R. Anderson, City Administrator FROM: John H. DeLacey, Engineering Technician III�.CJ SUBJECT: Parks Improvement Project No. 1987-8 DATE: December 8, 1987 INTRODUCTION: A change order is needed for the above referenced project. BACKGROUND: - This past summer the City contracted with H.L. Johnson for various pavement work on three parks: Tahpah? Lions, and Hiawatha. The actual cost of the construction work performed at these parks has been paid with funds donated by local organizations. Change Order No. 1 is for additional work done at Memorial Park to re-pave a portion of a bike trail resulting from the construction of the new Chamber of Commerce Building. It is my understanding that this work will be paid for out of the Park Reserve Fund. REQUESTED ACTION: 1. A motion to approve Change Order No. 1 in the amount of $942.50 for the Parks Improvement Project No. 1987-81 this amount to be funded by the Park Reserve Fund. 2. A motion to authorize payment of Semi-Final Estimate No. 3 for the City Parks Improvement Project No. 1987-8 in the amount of $2,482.77 to H.L. Johnson Company, 2392 Pioneer Trail, Hamel, MN 55343. JHD/pmp PARKS 1. Original Contract Amount $ 27.626.00 2. mange Order No. 1 Thal No. — $ 942.00 3. Total Funds Encumbered $ 28.568.50 4. Value of %brk Completed $ 28.512.70 Value of Nork Remaining Percent Retainage $ 200.00 6. Previous Payments $ 25,829.93 Percent Complete 7. Deductions or Charges $ -0- 1008 B. Total $ 26.029.93 Payment Due (Line 4 - 8) $ 2,482.77 CEEnTFICATE OF PAYMENT (I, We) hereby agree that the quantity and value of work shvm herein is a fair estimate of the work completed to date. /'' Oommc OR It' hn n C' - BY mrae �itc� 11bnnc APPimM - CITY OF uSMUU)P`W - �.- Projvu�ee� Ibte City Administrator i i • ! I ! •_ •• •• •I i ! i I • _ I • ! I • I I I ! I I I I1. i ! I ! •_ •• •• •I I ! •_ i i • _ I • ! Change Order No.: 1 Tate: Original Contract Amount Change Order(s) No. = thru No. Total Funds Encumbered Prior to mange Order Description of Work to be (AddedI eleted): Relocation of Bike Trail at Memorial Park •L.'A•_1�._ The above described work shall be incorporated in the Contract, referenced above, -alder the same conditions specified in the original Contract as amarled unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be increased by $ 942.50 , The number of calendar days for completion shall be (inoreased/decreased) by N/A_. Original Contract Amount $17.626.00 Change Order(s) No. I thru $-242.59— Total 942.50Total Fuunds Encumbered $ 28,568.50 Ccupletion Date: _ WA Ti:e undersign d Contractor hereby agrees to perform the work specified in this mange order In accordance with the specifications, conditions and prices specified herein. Contractor: ���.-jok�si,.. C�D By: a„/�.L1%l. ... Title J�/CI��t i�ai��cQ✓ Tate: 2 zzo �7 APPROVED AND RECOMMENDED: City Engineer Tate By: - Mayor at City Administrator Tate City Clerk f -W -IM Approved as to form this day of 19 City Attorney I MEMO TO: John K. Anderson, City Administrator O FROM: Ken Ashfeld, City Engineer—� SUBJECT: 6th Avenue Sanitary Sewer DATE: December 10, 1987 INTRODUCTION: This memo addresses a proposed improvement to be financed by the sanitary sewer enterprise fund. BACKGROUND: The Capital Improvement Program includes a realignment of a portion of sanitary sewer along 6th Avenue and Adams Street with a 1988 construction date. See the attached sketch for proposed project limits. The estimated cost of the project is $150,000.00. Plans and specs have been ordered for the VIP sanitary sewer extension from C.R. 17 to C.R. 79. The proposed 6th Avenue sewer work is somewhat similar, therefore, this report proposes to combine the work under one contract in an effort to minimize costs. RECOMMENDATION: I recommend that Council order plans and specs for the 6th Avenue sanitary sewer project and refer the design to OSM, the City's civil engineering consultant. REQUESTED ACTION: 1. Move to order plans and specifications for the 6th Avenue/Adams Street sanitary sewer, Project No. 1988-2. 2. Move to authorize the appropriate City Officials to enter into an extension agreement with Orr-Schelen-Mayeron for the final design of the 1988-2 project. KA/pmp 6THAVE C on se n+ lC'n MEMO TO: John K. Anderson, City Administrator FROM: Ren Ashfeld, City Engineer SUBJECT: Vierling Drive Through Hauer's 4th Addition Project No. 1987-12 DATE: December 8, 1987 INTRODUCTION: Attached are three invoices from William R. Engelhardt Associates that I am submitting to be approved for payment. BACEGROUND4 The 1987-12 Project for Vierling Drive through Hauer's 4th Addition included various utilities and the municipal state aid highway system. From the initiation of the project, the developer, B&D Development, intended to phase in the development under Plan A improvements of the City's developer's agreement. Therefore, B&D's engineer, Engelhardt had completed most of the design and plan development. Included in the plans is a trunk water system that SPDC had Engelhardt complete within the project area. During the course of phase I development, B&D's intentions changed and requested the City to install the improvements under the provisions of Plan B improvements. In order to receive state aid funds, the City must do contract administration. Consequently, the desire for Plan B improvements is in line with the overall project management functions. Since the Engineering Department will function as project managers, project costs should be monitored through one department so that assessments can be correctly computed and simplified. Unfortunately the surveying and geotechnical costs have already been paid by B&D but these costs can be reflected in the total project cost and credited to the assessments. To properly document project cost, Shakopee Public Utilities will be directly billing the City for trunk area charges and inspection costs. The City will in turn bill SPDC for oversizing costs. The following is a breakdown of design costs. Engelhardt* $22,764.98 Surveying** $ 1,475.00 Geotechnical** $ 832.00 Engineering Staff X6.00 $28,287.98 * This includes $404.50 printing and permit cost that is not normally associated with design cost. Project No. 1987-12 December 8, 1987 Page 2 '• These are costs already paid by BSD Development that should be credited prior to assessing the development. The total design costs amounts to 5.288 of the contract amount. Based upon the compensation curve established by the American Society of Civil Engineers for engineering services, the design cost should be 6.958, or $36,679.22. Although the sequence of events for plan development on this project was somewhat unusual, the result was a cost effective design. I reason that this is the result of the time spent on the project by Dale Dahlke, of which there are no bills for his time. I recommend that the three invoices (No's. 557, 573, 574) be approved for payment in the amount of $22,764.98 to be taken from the project fund. REQUESTED ACTION: Move to approve payment of invoice numbers 557, 573, and 574 in the amount of $22,764.98 to William Engelhardt 8 Associates for design costs on the 1987-12 Improvement Project - Vierling Drive Through Hauer's 4th Addition. RA/pmp COSTS WILLIAM R. ENGELHARDT ASSOCIATES, INC. 1107 HAZE91NE BOULEVARD CHASKA, MINNESOTA 55318 16121 448-8838 TO 8 & D Development c/o Mr. Dale Dahlke 1279 Limestone Drive Shakopee, MN. 55379 ORDER No. Hauer's 4th Addition Inv. 574 DATE 10/2/87 BILLS DUE UPON RECEIPT OF STATEMENT Engineering Tech 11 hours _@ $30.00/hr Additions to plans Minnesota Department of Health Permit D PLEASE DETACH AND RETURN Any amount 30 older be s /o a mon; A FINANCE CHARGE of Cn ANNUAL PERCENTAGE RATE of / 6% Curren ever a ava over 0 cove overSo Eo ovsrl 00 ORDER NO. WILLIAM R. ENGELHARDT ASSOCIATES, INC. _ $ 330.00 _ $ 150.00 $ 480.00 C WILLIAM R. ENGELHARDT ASSOCIATES, INC. 1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 55318 16121 4488838 TO City of Shakopee c/o Mr. Ken Ashford 1279 Limestone Drive Shakopee, MN. 55379 ORDER NO. 13th Avenue Inv. 557 DATE 9/16/87 BILLS DUE UPON RECEIPT OF STATEMENT PLEASE DETACH AND RETURN 7/15/87 - 8/18/87 Design, drafting, cross sections, street grades, storm sever, overall plans - 13th Avenue Registered Engineer 89 hours @ $50.00/hr $ 4,450.00 Sr. Engineering Tech 16 hours @ $35.00/hr = $ 560.00 Engineering Techs 289' hours @ $35.00/hr = $ 10,132.50 Clerical 5 hours @ $15.00/hr = $ 75.00 Prints 57 @ $1.00/each = $ 57.00 Mylars @ cost' _ $ 224.54 $ 15,499.04 D Any omoun1 30 days or older will be sgbje, to o l -I/3 X mon:Aly FINANCE CHARGE al an ANNUAL PERCENTAGE RATE of is % ORDER NO. WILLIAM R. ENGELHARDT ASSOCIATES, INC. WILLIAM R. ENGELHARDT ASSOCIATES, INC. `8oneis/�i�� f�`xaelslerla J 1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 55318 16121 4488838 TO -ity of Shakopee c/o Mr. Ken Ashford 129 First Avenue East Shakopee, MN. 55379 ORDER NO. 13th Avenue Watermain Inv. 573 DATE 10/5/87 BILLS DUE UPON RECEIPT OF STATEMENT Preparation of plans for 13th Avenue trunk watermain ($118,755.21 x 5.5%) Printing (at cost - plan printing for entire project) D Any amount 30 days or old.' will be subfecl to a l-I/3%mon�hly RNA NCE CHARGE a1 on ANNUAL PERCENTAGE RATE a1 I6 ORDER NO. WILLIAM R. ENGELHARDT ASSOCIATES„ INC. PLEASE DETACH AND RETURN $ 6,531.54 _ $ 254.50 $ 6,785.94 /Da NEW 120: John R. Anderson, City Administrator PNON: Ray Ruuaka, Engineering Coordinator -i SUBJECT: Pavement Preservation - Overlay Project No. 1987-11 DATE: December 8, 1987 INTRODU^TION: Attached is Estimate No. 4, the Semi -Final estimate for the above referenced project. BACKGROUND: All items of work have been re -checked, therefore, this estimate releases all retainage except for $100.00 to be paid by the Certificate of Completion in January. ACTION REQUESTED: A motion to authorize payment of Semi -Final Estimate No. 4 for Project No. 1987-11 Pavement Preservation - Overlay, in the amount of $754.94, to Plehal Blacktopping, Inc., 3460 W. 130th Street, Shakopee, MN 55379. RR/pmp PAYMENT Obntfaet eb: 1987-1 Partial Patients Voucher No. _.4 1. original Costract amount 2. Change order ND. 1 lbru ND. 3. Total Pude PDambered 4. Value of work Completed $ 42.747.42 S. — Per Retainage $ 100.00 6. Previous Payaents $—U.892,"_ 7. De&wtioos or Chargee 8. Total Payment Due (Line 4 - 8) 4 •� $ 39.978.75 $ 8x0.00 S 40.778.75 �.. Value of Work fumminin8 Percent Complete (T, Ne) hereby agree that the quantity and value of work shown herein is a fair estimate of the work ooWmted to date. OMMACOM C'" - BY TrME �1 Praje � . City tcator /6 d MEMO TO: John K. Anderson, City Administrator FROM: Ray Ruuska, Engineering Coordinator LZ —' SUBJECT: Heritage Place Improvements Project No. 1987-11 DATE: December 10, 1987 INTRODUCTION: Attached is Estimate No. 3 for the above reference project. BACKGROUND: All anticipated 1987 work has ben completed on this project. ACTION REQUESTED: A motion to authorize payment of Estimate No. 3 for Project No. 1987-11 Heritage Place Improvements, in the amount of $33,448.51, to Widmer, Inc., Box 219, St. Bonifacius, MN 55375• RR/pmp HERITAGE PARTIAL ESTIMATE VOUCHER Contract No. 1987-14 Partial Estimate Voucher No.. 3 Period Ending: November 30. 1987 TO: Contractor Address Boz 219 St. Bonifacius. MN 55375 Project Description Beritaze Place Improvements 1. Original Contract Amount 2. Change Order No. — Thru No. — 3. Total Funds Encumbered 4. Value of Work Completed $ 217.508.94 5. 5 Percent Retainage 6. Previous Payments 7. Deductions or Charges S. Total Payment Due (Line 4 - 8) f 10.875.44 $ 173.184.99 f 184.060.43 CERTIFICATE OF PAYMENT Value of Work Remaining 25.000.00 Percent Complete $ 33.448.51 (I, We) hereby agree that the quantity and value of work sham herein is a fair estimate of the work completed to date. COMT'RACYOR REVMIED BY SBAKOPEE PUBLIC BY f f ✓ UTILITIES COMMISSION TI71E APPROVED - CM OF SHAEOPEE 4L jest n er City Aftfnistfator /Hated/ te /% m e°oovoe 0 A 4 4 n N N 0 Ir W I'I O 0 O O O I U - ') U 0 0 O 0 o C) o I n C) O a I7 O O U 43 I•. O C. O C) O 10 0 0 p O U O is. II I-0 u n . . . . . I • • • • • [• r) O II 4 4 •• W II W 1) :! O 1 0 0 U •) Q ,•NC •1 J 9., .7 U '• W 7 7 :! • p •. N N N• \ N J :I)U 1 0 7 10 N N • IIC 0 .11 C 17 L7 I) :1 - 3 •I C) C. I I') I) 1) IIN O II Cl. 0 F w 13 t0 r C! :) vi u C4 '- C4 . • N a C+ I v .- N) NI y W N 4 2 - X I . 3.. Ll U I r rr n .' N u .� .- CV I N Nu u I-0 I r I. r NN « N W i aN 0. O r N Y II 4 N ) 1:: 00OCO Cl_l C) G C 0 •3 C! 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Anderson, City Administrator FROM: Ray Ruuska, Engineering Coordinator K�\� SUBJECT: Vierling Drive Street Improvements Project No. 1987-12 DATE: December 11, 1987 INTRODUCTION: Attached is Estimate No. 2 for the above referenced project. BACKGROUND: This project is approximately 42% completed with work suspended for the winter. ACTION REQUESTED. A motion to authorize payment of Estimate No. 2 for Project No. 1987-12 Vierling Drive Street Improvements in the amount of $172,467.02, to S.M. Hentges & Sons, Inc., P.O. Box 212, Shakopee, MN 55379• RR/pmp VIERLING ESTIMATE VOUCHER Contract No. 1987-12 Partial Estimate Voucher No. 2 r :1A I • 1. Original Contract ]amount 2. mage Order MD. TLru No. 3. Total Funds Euamhered 4. Value of Work Completed $ 222.803.22 5. 5 Percent Retainage $ 11.140.16 6. Previous Payments 7. Deductions or Charges 8. Total Payment Due (Line 4 - 8) FPYK11KII, $ -a- _ $ 50.336.20 $ 527.758.56 $. 527.758.56 Value of Work BEmavuin9 $ 304.955.34 Percent Complete $ 172.467.02 COWIFICME OF Ball B' (I, We) hereby agree that the quantity and value of work shah herein is a fair euatimte of wort oumplete��d••��to date. 02i1RAC1O6 `,Yv1s fiM . REVIEWED BY SHAKOPEE P[BIJC / VTILITIES COMMISSION TITTE coder mei iJ- ,W7 Date' - � Bate Q7 (z t 7 k9l A I :8 e e ovoe i vo ave. a a eeee ve ..oe 66 66 a e veva vee eeee A :8 .7 S: li I: o • S,'� i. Ee: .. i ..... i. . . . . _ . . . . . . .... I. . . . . . id esu /0 f . a . 999 o3i ei .04 s1 esu /0 f .AA T s a o ".I I 666 6.,. a o e e I `o Hl aE ' S _ s IC: 1. . =� I ' S _ IC: I MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Enginee r/mc— SUBJECT: Eagle Creek Junction Second Addition DATE: December 11, 1987 INTRODUCTION A BACKGROUND: This memo is in follow up to Council action of June 10, 1986 and Novemher 3, 1987. At their June 10, 1986 meeting, Council directed the appropriate City Officials to enter into a developers agreement with Laurent Builders, Inc. to cover costs of utility crossings of Eagle Creek Boulevard. My October 21, 1987 memo addresses action taken to date. Since the devt_opers business name has changed from Laurent Builders, Inc. to Inca Development, the City Attorney, Jack Coller, has recommended that Council amend their action of June 10, 1986 to reflect the correct name of the developer. I concur with Jack's recommended action. REQUESTED ACTION: Move to amend previous Council action of June 10, 1986 whereby the appropriate City Officials are directed to enter into a developers agreement with Inca Development in lieu of Laurent Builders, Inc. KA/pmp INCA MEMO To: John R. Anderson, City Administrator FROM: Ren Ashfeld, City Engines - SUBJECT: Reimbursement for Construction Cost Eagle Creek 1st Addition DAT": October 21, 1987 INTRODUCTION: Inca Development is now asking for reimbursement of utility 1croing 0, ss 1986 or(see k on a attached October t £ 519871memo action Inca Development). BACKGROUND: Attached are the various staff reports concerning the issue of cost responsibilities for utilities crossing C.R. 16. As you may recall, staff and Council struggled with this issue due to the absence of documentation of verbal agreements between the City and developer. Also attached are the minutes of the final decision of Council. After Council action on June 10, 1986, Mr Laurent indicated that he was not satisfied with the decision and intended to present an alternate proposal. Since then, Eagle Creek Junction Second Addition has been platted with still no determination of the number of utility crossings needed. Apparently, Mr. Laurent is now asking for reimbursement for the one utility crossing and will deal with the others at a later date. The amount being requested, based upon Council action, is 78.808 of $13,323.64 or; .788 x :13,323.64 = $10,499.03 I have reviewed the unit prices for the work completed and they appear reasonable. RECOMMENDATION: ' I recommend approval of payment to Inca Development in the amount of $10,499.03, as per June 10, 1986 Council action as payment on one of a maximum of four water and sewer crossings of C.R. 16 to the Eagle Creek Junction plats, and that these funds be taken from the original project fund. Eagle Creek 1st Addition October 21, 1987 Page 2 REQUESTED ACTION: Move to approve payment to Inca Development in the amount of $10,499.03, as per June 10, 1986 Council action as payment on one of a maximum of four water and sewer crossings of C.R. 16 to the Eagle Creek Junction plats, and that these funds be taken from the original project fund. EA/PmP EAGLECREEE IxGI DE%IELO RENT the Laurent Building 128 South Fuller Street Shakopee, I-Wwesota 55379 (612) 445-6745 MEMORANDUM T-: Mr. Pen Ashfeld, P.E. City Engineer City of Shakopee FROM: Gary Laurent DATE: October 5, 1987 RE: Utility Crossing Reimbursement Pursuant to Council's action of June 10, 1986, we hereby request reimbursement of a portion of the costs for utility crossings of County Road 16. It is our understanding the City is to participate in 78.801 of the cost of each crossing up to a maximum of four crossings. To date one of these crossings (Eagle Creek Junction 1st Addition) has been completed at acost of $13,323.64. Enziosed is documentation to support this figure. Please initiate the appropriate steps so that the reimburse- ment for this crossing can be made. Thank you for your assistance. Vk& WESTWOOD PLANNING & ENGINEERING COMPANY October 6, 1987 Mr, Gary Laurent Laurent Development 128 So. Fuller Street Shakopee, MN 55379 RF.: C.R. 16 Utility Crossing Eagle creek Junction Dear Gary: At your request I have prepaired the following costs based on the final contract quantities and unit prices for extending sanitary sewer and watermain across C.R. 16 to the right of way line for service to Round House Circle. The costs include restoration of the existing road and 15% Engineering to cover design, construction survey staking, inspection, and administration. The rock excavation quantity was based on sanitary sewer construction only, although ther- was some rock excavation for the watermain within the plat area. Also attached is a copy of the final estimate to Kirkwold Construction which should be forwarded to the City along with a copy of this letter. A breakdown of. costs follows: Sanitary Sewer Unit Price Quantity Total 1. 8" D.I.P. 8-10' L.F. 23.60 68 $ 1,604.80 2. Construct drop m.h. over existing R" O.I.P. including 4' _ drop EACH 2,850.00 1 2,850.00 3. Extra Manhole Build V.F. 68.00 0.74 50,32 4. Rock Excavation L.F. 30.80 68 2,Oo4.40 Natermain 1 6" D.I.P. L.F. 18.?5 65 $ i,1R6.25 2. 12x6 tappino valve and sleeve EACH 1,300.00 1 1.300.00 3. Street restoration R shoulder repair L.S. 2.500.n0 I 2.500.00 $ 11,5R5.77 Total Construction Cost 151 Engineerina, Admin $ 1,737.117 TOTAL PROJECT COST $ 13,323.64: seas emxePoox cnossme. smooxi.x PAxx. u xxssosA ss,ss ssrn n..recP mw..,. onx.. ]015 WAYZATA npyl[vaxn.$T. loins PAxx..Wxsso:A 94261!1}1 Aw.oses IDV If youhave any questions, please do not hesitate to call. Sincerely, WESTWO66 PLANNING79 FN INEENING COMPANY Keith H. Mels✓Yn, P.E. Vice President KHN:ls APPLICATION FOR PAYMENT NO. 3 (final) PROJECT EAGLE CREEK JUNCTION 2nd OWNER INCA DEVELOPMENT CONPA211' OWNER's Project No. ......................... ENGINEER'S Project No...2A-54�..... .. CONTRACTOR...KIRKWOLD CONSTRUCTION ............................................................................ Contract For U["'Cies.........:..........,,,,, Contract Date For Work accomplished through the data of....Seot.........eaber...20, ...1986............................. ... TATEMENT OF WORK Original Contract Amount 5.}94a§4§IZS Work To Date S!) ,JX9.•99... Net Change Orders 5.......0..... Amount Retained ( 0 %) 9 9:99.. Current Contract Amount 104 696._`5 5 .....:....... Subtotal 94 310. 5..:....... 09.. Previous Payments Recommended S Amount Due This Payment 5 tBI ���: ?:... CONTRACTOR's Certification: The enNnlFnN CONTRACTOR e.Itlrle. met 11) e0 Plolau Proof— esymsnls oeebea team OWNER an ee unt Of .o,t 6000 an.., I.. C..u.et ....... I...... R. Aun ..PIb6 to alechelP Insult all ebllpllen. of CONTRACTOR meurl.6 In eanneetleneltN Wsrb a ,.d .1 1.1 APPlleeU.n. lel Pgm.nl Ima.—d I thew. L hala.Ne:. a 12) title le .11 m.terl.h ane eaulemml Inearymeb6 In via Wolk s omeLbe Asian in at covered by Into APPH..Hon Is, Payment "In Paas 1e OWNER at time of payment OY ane .leas of ell Nen. , W.... • .vitt) mI.—A. and .neumpr..... ( ..east .van .. ee.uv by Be,. .CaePl.pb to OWNER ). acted is<,� KIRIGIOLD CONSTRUCTION CON/T'RACTOR By ENGINEER'S Reedlnm.n lstlon: This AOPH..11en (.ith lecemoanyln9 decem.m.tlen) ..at. the rs Ouilament. el the COntr.ct 0 ... m.nta and Resonant of 1R. above AMOUNT DUE THIS APPLICATION Is recommended - Voted )�l/-�%�®� te_ Westwood Planning 8 Engineering Company ' i lNe1NlFF By PROJECT NO.: 28-565 APP'L. FOR PMT. NO_ : 3rd and final DATE : setenber 20. 1986 PROJECT • Eagle Creek Junction 2nd ITEM NO. CONTRACT ITEM UNIT UNIT PRICE CONTRACT SCHEDULE WORK COMPLETED Quantity Amount Quantity Amount 9. 6" Plug, Installed EACH 40.00 1.0 40.00 1.00 40.00 10. Street S shoulder restoration on Co. Rd. 16 for sever and water crossing L.S. 2500.00 1.0 2500.00 1.00 2500.00 Subtotal Watermain 21533.`y0 22634.80 STORM SEWER 1. 18" R.C.P. L.F. 21.45. 72.0 1544.40 72.00 1544.40 2. 18" R.C. Apron EACH 260.70 2.0 521.40 2.00 521.40 Subtotal Storm Sewer 2065.80 2065.8- STRE'_ S 1. Subgrade Prep. S.Y. 0.55 2826.0 1554.30 2691.00 1480.05 (0.5' back of curb) 2. 1-1/2" 2341 Wear Course S.Y. 2.50 2416.0 6040.00 2301.00 5752.50 3. 1-1/2" 2331 Base Course S.Y. 2.35 2416.0 5677.60 2301.00 5407.35 4. 6" Class V Aga. Base S.Y. 2.70 2416.0 6523.20 2301.00 6212.70 (100% Crushed) 5. 3-618 Curb S Gutter L.F. 5.30 36.0 190.80 C.00 C.00 6. Surmountable Curb 6 Gutter L.F. 4.25 1030.0 4377.50 1026.00 4360- 7. Bituminous Curb L.F. 4.25 84.0 357.00 60.00 255.00 B. Adjust Manhole EACH 133.00 3.0 399.00 3.00 399.0-3 9. Adjust Gate Valve TACH 106.00 3.0 318.00 3.00 318.00 10. Equipment Rental - ALLOW 1000.00 500.00 (AttacT. Rate Schedule) HOUR FORD B.H. INSTALL P.YD. 6 LABOR .:. flaA.ni-ng Streets Fr -or to 318.00 1.0 318.00 1.00 312.^,O Wear course .S. PROJECT NO, : L8 -5O5 APP'L. FOR PMT. NO.: 3rd and '-zl DATE : Seo-en.ber 20, 1986 P R O J E C T: Eagle Creak Junction 2nd :TEM N0. CONTRACT ITEM, UNIT UNIT PP.TCE CONTRACT SCHEDULE 14ORK COMPLETED Ouan' ityl Amount G.,77 tyF Amount SANITARY SE4-R 1. 8" D.I.P. 0-8' L.F. 23.35 0.0 0.00 9100 0.00 2. 8" D.I.P. 8--10- L.F. 23.60 619.0 14608.40 601.00 14183.60 3. Std. Manhole 0-8' EACH 950.00 ' 2.0 1900.00 2.00 1900.00 +. Extra Manhole build V.F. 68.00 5.0 340.00 2.38 161.84 5. Construct drop manhole over EACH 2850.00 1.0 2850.00 1.00 2850.00 existing 8"" D.I.P. 0-8" incl 4 P.F. of drop 5. 8" x 6" Wye EACH 145.00 6.0 270.00 6.00 870.00 '. 6" CISP 1/8 bends EACH 9.75 6.0 58.50 6.00 58.50 3. 6" CISP Service L.F. 11.25 310.0 3487.50 290.00 3262.50 3. Rock excavation for sever and L.F. 30.80 1000.0 30800.00 681.00 20974.80 vatermain installation Subtotal Sanitary Sever 54314,40 uarER.y.;IN 6- ➢._.?. .-. i8.25 638.0 11543.50 622.00 11351.50 6" G.P. EACH 320.50 1.0 31C.50 2.00 641.00 Hydrant v/auxiliary valve EACH 1278.50 1.0 1278.50 2.00 2557.00 12"" x 6'- tapping valve and EACH 1300.00 1.0 1300.00 1.00 1300.00 sleeve installed • -stings LBS. 1.20 220.0 264.00 209.00 250.80 1-1/2" x 1-1/2 " Corp. EACH 152.50 6.0 915.00 6.00 915.00 1-1/2'" Curb St,, ./Box RACK 102.00 6.0 6!2.00 6.00 612.00 Cooper L.F. 8.75 I 304.0 2560.00 292.00 2467.50 PROJECT: PROJECT NO.: 28-565 61 - APP'L. FOR PMT. NO.: 3rd and final DATE: Seotember 20, 1986 Eagle Creek Junction 2nd :TEM NO. CONTRACT ITEM UNIT UNIT PRICE Quantity CONTRACT SCHEDULE WORK COMPLETED Amount Quantity Amount S.Y. 0.15 181.0 27.15 2301.00 345.15 .. Tack coat (.075 gal. per S.Y.) Subtotal Streets 26782.55 25348.25 Total - Sanitary Sever, 104696.25 94310.09 4atermain, Storm Sever and St eets Shakopee City Council June 10, 1986 Page -3- Vierling/Leroux moved to receive and place on file the memo regarding amending the City Code to Allow Mobile Homes in Ag District. Motion carried unanimously. Leroux/Vierling moved to open public hearing on Appeal by Edward Colmer of decision of the Planning Commission denying Conditional Use Permit #450, a helicopter ride business. Motion carried unanimously. The City Planner explained that staff has received many letters from local residents in opposition to the granting of conditional use permits for helicopter services within the City limits. The Fish and Wildlife Service has purchased from the developer of the Prairie House 1st Addition the property where the proposed helicopter business is to operate. Mr. Colmer, the applicant addressed the Council by saying he wished to withdraw his application, because with the sale of property to the Fish and Wildlife Service, his property no longer has public access. Colligan/Lebens moved to close the public hearing. Motion carried unanimously Leroux/Colligan moved to accept Mr. Colmar's withdrawal of an application for a conditional use permit for a helicopter ride business. Motion carried unanimously. Discussion ensued on Eagle Creek Junction's installations of the lateral crossings. ken Ashfeid, City Engineer, stated that a possible compromise might be in order based on ivagment of rhe mutual agreement between Gary Laurent and Bo Spurrier, previous City Engineer, to delay the installation of the laterals. Leroux/Vierling moved to direct the appropriate Ctiy officials to enter into a t.aevelopers agreement With Laurent Builders, Inc. whereby the City will rticipate in 78.807. of the cost of one water and sewer lateral crossing of gle Creek Boulevard to the proposed Eagle Creek .function Plat and 78.802 of future cost o' a maximum additional three sewer and water lateral crossing f Eagle Creek Boulevard to the remaining Laurent Builders, Inc. property, cost f suc:: participatiop to be taken from the Special Assessment Fund. o11 Call: Aves: Unanimous Noes: None Motion carried. __ga::,!Leroa moved to c_.e_- staff to .nform Mr. EoWard Sc' ---4t- t hat the City Will participate is 84.142 of the future cost of a sewer service crossing of Eagle Creek Boulevard, cost of such participation to be taken from the Special Assessment Fund. Boll Cali: Ayes: Unanimous Noes: None Motion carried. _eroux/Warpach moved to =ave a mera-randum directed from the Ccv:cfl and staff to the owner of Arnie's Yn_endly Yolks Cl -_b stating that his pre-ises do .not meet the c = eria for licuor license at this time and that no license Wiii be issued til such time as 4z does meet toot criteria. !lotion carried cnz.iaously. lb F- MEMOTO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Eagle Creek Junction DATE: lune 5, 1986 INTRODUCTION: The attached May 29, 1986 memorandum regarding Eagle Creek Junc- tion addressed various issues relative to the assessment of benefited properties resulting from the County Road 16 utilities project. 1:hIeli(H:1IP1ZItF The following is a summary of costs presented: Current project Cost 6208,006.16 Future Lateral Cost (Laurent) $ 46,343.00 Future Service Cost (Schmitt) s 3.600.00 Total Future project Cost $257,949.16 Total Amount Assessed $236,500.86 Total project Cost Assessment Current Assessment Amount Total Project Cost Adjustment Cost from project Fund Property Owner Cost (percentage) Project Fund Cost (percentage) Laurent Schmitt $118,138.10 $6,875.84 $108.315.00 $6.304.86 s 9,823.10 s 570.98 $36,519.90 $33,029.02 21.20%. 15.86% 78.80% 84.14% 8o Spurrier did indicate to me that the installation of the lateral crossings to the Laurent property was discussed at the time the assessments are calculated and the assessment role developed. It was agreed that the cost should be part of the project, but due to the unknown location of the lateral cros- sings, it was mutually agreed to by Laurent and bo to install - the crossings at some future date. It was felt that the fund had adequate dollars in the future to fund this work. ALTERNATIV-2S: Various alternatives were Presented in the May 29, 1986 memo. )P� Eagle Creek Junction June' 1988 Page 2 RECOMMENDATION: Since the mutual decision to delay installation of the laterals may have increased the estimated future cost of laterals above that f the theoretical fund balance and since the future costs at this point are an estimate (except for one crossing), I recom- mend a participation of the future cost as presented in the preceeding cost summary. REQUESTED ACTION: 1. Move to direct the appropriate City Officials to enter into a developers agreement with Laurent Builders, Inc. whereby the City will participate in 78.80% of the cost of one water and sewer lateral crossing of Eagle Creek Boulevard to the proposed Eag;e Creek Junction plat and 78.80% of the future cost of a maximum additional three sewer and water lateral crossings of Eagle Creek Boulevard to the remaining Laurent Builders, Inc. property, cost of such participation to be taken from the Special Assess- ment Fund. 2. Move to direct staff to inform Mr. Howard Schmitt that the City will participate in 84.14% of the future coss of a sewer service crossing of Eagle Creek Boulevard, cost of such participation to be taken from the Special Assess- ment Fund. KA/pmp MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Eagle Creek Junction DATE: May _3, 1986 INTRODUCTION: At the May 20, 1986 regular meeting, Council discussed a reouest from Laurent Builoers to install sewer and water lateral con- nections across Eagle Creek Boulevard (CSAH 16). Council di- rected staff to return with "information that answers the fol- lowing questions: 1. What amount was assessed? 2. What were the actual test breakdowns, i.e., litigation, rignt-of-way, etc.? Z. How has litigation tests been handled in the past as it relates to assessable project cost? 4. How do other Cities handle assessments for utilities oara_lelino one side of a road but assessed to prop- erties on doth sides? BACKGROUND: I have researched available information in an attemdt to answer the ouestions dresented. .. Total amount assessed was s23S,500.86. Z. The following is a cost oreakcown based upon my inter- pretation of each exoen_dture for the orojec:. did have to make some assur..ctions, based uoon time frames, as to what was normal legal, acr._nistrat cn, and encineering costs ant ..-.at costs were attr_-_.e_ to _.tioation of right-of-way, construction c":aims and assessments. Construction x139,567.73 R=Mrt-of-Nav x 17.300.00 Legal & A= -...:m stration s 1- 796.93 cr.c :neerinc s E_, 763. 2! -ing & Fiscal 5 6.671 24 -_. 'tion °.864. -9 T=T-,- JRC'_JECT OST s206, 006. 16 Eagle Creek Junction May 29, 1986 Page Difference between actual project cost and assessed cost is 628,494.70 Based upon past practices of assessing litigation costs, I could riot substantiate a firm policy regarding apportionment of assessed costs. Typically right-of- way costs and associated appraisals and legal costs are considered project costs since this is determined in advance of project implementation. I would not say that this is a firm policy though. Staff is not familiar with a policy providing for amending assess- mei,ts due to legal costs associated with assessment appeals. 4. I did speak with neighboring communities on methods of assessing utilities parallel to a roadway serving benefit to properties on both sides of the roaoway. The following is a summary of assessment criteria: a. Differing rates for each side of the roadway is impractical and difficult at best to substan- tiate consistency of assessment procedures. b. Laterals (or services in the case of single lot development) are installed originally with the trunk based on one service per lot Or one lateral per parcel or platted street. c, laterals or services are not insta_!ed with the trunk, cost of proposed future laterals an services are assessed ever project area. In the case of one neip_noorino community, services were not installed nor future 005:6 arse=_sed. The community was prepared to instal! services, since all proderties were assessed eoua!!v b_t a change of land use preempted .his action. A!ternat Ives: In analysing possible alternatives, the following questions should be answered. a. is benef'_t acproximately equal or consistent over all assessed properties? b. since the period for contesting assessment is !one oast, does .his prec!ude further act_ons? Eagle Creek Junction May 29, 1986 page 3 C. Since the City did not formally act or, previ_._s staff actions, are previous actions invalid? The following are possible alternatives: 1. Do Nothing. Z. Agree to install four water and sewer lateral crossings as requested. �. Negotiate a compromise. 4. Install requested crossings and re-assess. the original project area. .� the asnwer to the above questions is yes then alternative 1 would be appropriate. If the answer is no, ther, alternative 2 or 3 would be appropriate. To implement alternative 4, the City would have difficulty proving benefit to properties on the north side of Eagle Creek boulevard. RECDMMENDATIDN: T. Council agrees to install four cro=_sings for Eagle Creek Junction, I recommend that a service also be installed tp the Howard Schmitt prooerty, thereby, providing total equity. Tne cost of this action, as stated in a previous memo, would be approximately x46,343.00 + £3,600.00 totaling $491943.00. Since x28,494.70 theoretically remains in the fund balance, approxi- mately $_'1,448..:0 would require outside funding. - if Council believes that all fund costs should be project cost and assessed appropriately, l recommend the following compromise. project Cost to Date 5208,�0E.!6 Recuested Crossing Cost (Approximately) s �Q.9L' C2 ictal Future project Cost s'_'57,94D.!6 Laurent BC loers assessment responsibility based on Future Pro- ject Cost ..... s!16,136.10. Current assessment amount filed on prooerty owned by Laurent Builders .... sloe, 3!5.oz. AOCttional assessed cost to Laurent Builders i. Ell costs are project costs .... S9,82C. 12. Howard Scnm... assessment responsxp_-z.v based o., Future P--•.=_. Cost .... $=,D E.D, Eagle Creek Junction may 29, [98u Page 4 Current assessment amount filed en prooe�-ty owned by Howard Schmitt .... SE, Z04. BE. Rdditional assessed cost to Ho«artl Schmitt if E.LL costs are project costs .... 51176. 98. 1, summary, the aforestated compromise would proviae for the fund balance to pay a portion of future project rest (76.86 F in the case of Laurent & 84.14;: 1n the case of Schmitt) and each property owner pay a portion of future project cost (21.65 in the case of Laurent & 15.855 in the case of Schmitt). RECOMMENDED RCTIDN: Council to consider alternatives and recommer-dations and provide direction to staff as to desired actions. KA/pmp =.T MEMO TO: John K. Anaerson, City Administrator FROM: Ken Ashfeld, City Engineer l SUBJECT: Eagle Creek Junction DATE: May 1 1986 INTRODUCTION: At the May E, 1986 Council meeting, the subject of sanitary sewer lateral improvements t0 the Eagle Creek Junction plat was discussed. The Council directed me to research information regarding service to the Howard Schmitt property. BACKGROUND: The attached sketch of Benefitted Areas indicate those properties receiving a trunk assessment and those that received a lateral assessment. Mr. Gary Laurent has recuested that the City provide lateral =rossinds of Eagle Creek Boulevard (4 crossings in total - but only one at this time to Eagle Creek Junction) since the Trunk is on the north side of the road and the properties on the South side c•f the road 00 not have equal lateral access. As directed, we have researched the followine inforrraticcr. - -- _. Lateral and trunk asse=ssments, on a unit basis, were equal on the north and south side Of the road. 2. :n researching Council a=tion relative to the Schmitt nr=De-tv, wa found a gerle-a1 discussion of costs oU: no a= -;Or,. -ne prooerty :S not Currently served. Bo Sour ser _.=_=atec to me :hat Gcnrr.i t't was nct re- cc'_red to nook up to the sewer due- to the financial hardsn:n of the =onstru=ori ^^___ . E=nmitt told me :nst he unoe^stood that the ty wOUld instal: the erossing d. Eagle Creek =oulevarC. CovEously, ..his .s -sue is not resolve=. _n= - _=at_- t.at line :atera'_ .__i`ngs were v_. DL_ in w:.:7.1_..eC tJe=t cue :0 __: -'t=on with tne line=on- t-&=-Cr o^- : a=:=. any line uncertainty of .at anal _.___End to=a.- ..cns. ^ �c=are r. ly, :ne c __.ngs, at the je:IMe, were considered as da -t of =ne p. cje-, altnou_n r._. in - Part pf the eon-.rae.. he__. .was aaSe=Sed before ==mdle.ion of the prC 1e C. lased CDon estimated costs. 7ne total amount asse=s=S9t was-c_t.,.,....cc. 7ne =osa :r.=urre= my t..is e_r..._ =_r— 6V Eagle Creek ]unction May 15, 1986 Page 2 litigation and assessment litigation, is approximately $208,000.00. This total cost difference of approxi- mately 628,500.00 compares to a construction and en- gineering cost difference of approximately s49,500.00. SUMMARY: Laurent is asking for 4 crossings of Eagle Creek Boulevard (sewer and water). He has a firm bid price of 611,585.77 for one cros- sing. If all four are the same price, the total cost of four crossings is 646,343.00. Since, if this request is granted, I would expect Schmitt to claim equal treatment. The Schmitt property has water available at the northeast corner of the property, therefore, sewer is all that is necessary in a crossing to provide access. I estimate the cost L, a sewer crossing. at approximately 63,600.00. ALTERNATIVES: City agree to provide crossings as requested for Laur- ent. 2. City agree to provide crossings to the Laurent propeF- ties and Schmitt properties. ... City does not agree to provide any additional latera'_ crossings. 4. City agree to some form of compromise. RECOMMENDATION: 1% appears tnere is inequity of access between the properties on the north side and south side of eagle Creek Boulevard, but seldom do assessments provide total equity among all properties. if _t was deemed enuitadle that laterals should De instal:e_, .nose laterals s..ould nave peen constructed w.tn the project and a.'_l cost assessed. _f one looks at the croie=t fund balance, there were funds avail- aole for these crossings prior to litigation. Currently, there are no fun=s availagle for all the requested eros -sines. If Council agreesthat _.z=a.aon Costs are project costs, 1 cannot recommend fullfinan=C ng of -.nese crossin=s oy the City since approximately 528,500.00 - ts46,SA2.00 %3,606.00) _ S21,443.00 would be required from General Funds. Eagle Creek Junction may , 1986 pave 3 If Council agrees that litigation cost is beyond that ccf assessed project Cost, then there is, theoretically, dollars assessed for these crossinvs. As a caveat, where analy=ing the fund balance one must keep in mind that the fund is currently in Dept due to delinquent pay— ments of assessments. REQUESTED ACTION: Direction from Council to staff as to the manner in which to handle the request from Sary Laurent and perhaps subsequent requests from Howard Schmitt for lateral utility crossings of Eagle Creek boulevard. KR/pmo ECJ ld(l" I1i� �� G J / 6 (Z' THIS AGREEMENT, Made and entered into by and between Inca Development, party of the first part, and the City of Shakopee, a municipal corporation pur- suant to the laws of the State of Minnesota, party of the second part, WHEREAS, On June 10, 1986 a Motion was duly made, seconded and adopted directing the proper City officials to enter into a Developers' Agreement whereby the City would participate in 78.80% of the cost of one water and sewer lateral crossing of Eagle Creek Boulevard to the proposed Eagle Creek Junction plat and 78.80% of the future cost of a maximum additional three -sewer and water lateral lateral crossings of Eagle Creek Boulevard to the remaining property in said plat, and that the cost of such participation be taken from the special assessment fund. THEREFORE, In consideration of One Dollar and other good and valuable con- sideration, by and between the parties hereto, IT IS HEREBY CONVENANTED ANDAGREEDThat the party of the first part has constructed a water and sewer lateral across and under Eagle Creek Boulevard from the City main to Eagle Creek Junction plat for which the City of Shakopee is to pay 78.80% of the costs thereof; and IT IS FURTHER AGREED by and between the parties hereto that the City will pay up to a maximum of 78.80% of the future costs of not to exceed three additional such crossings, providing that the total cost of such crossing improvements be approved by the City Engineer before any work is commenced on any such additional crossings by the party of the first part. IT IS FURTHER AGREED That the cost of such participation shall be taken from the special assessment fund. IT IS FURTHER AGREED By and between the parties hereto that this agreement shall be binding upon the heirs, assigns and successors of the parties hereto and the proper City officials are hereby authorized and directed to do all things necessary to carry out the terms and purposes of this agreement and to execute the same. THIS AGREEMENT is dated this day of INCA DEVELOPMENT By A. C,' CITY OF SHAKOPEE By Its Mayor By Its City Administrator By Its City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF SCOTT ) JS The foregoing instrument was acknowledged before me this 7 day of 198 7 by ' - - i.,-1 I - ZA1(/'CA? f and of INCA DEVELOPMENT, a Minnesota Corporation, on behalf of the corporation. Notary Stamp or Seal ?� •._/. c�a. ��� /• (�,(j{�.c m STATE OF MINNESOTA ) o'JG�O�� ��( RMpdOLAWSk� ) SS mr�uy� �"u lip �yDubficMrnss�r .. COUNTY OF SCOTT ) µns�+'tl A' Ib 2/214 _. The foregoing instrument was acknowledged before me this day of , 198 by , its Mayor, John K. Anderson, its City Administrator and by Judith A. Cox, its City Clerk, of The City of Shakopee, a Minnesota municipal corporation on behalf of the corporation. Notary Stamp or Seal CoNSeNT /Os MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer��---- SUBJECT: Appointment of Acting City Engineer DATE: December 10, 1987 INTRODUCTION 8 BACKGROUND: Council needs to appoint an acting City Engineer effective January 1, 1988. Orr-Schelen-Mayeron (OSM) is the City's civil engineering consultant under contract for various engineering services. RECOMMENDATION: I recommend that OSM be appointed acting City Engineer. REQUESTED ACTION: Move to appoint Orr-Schelen-Mayeron as acting City Engineer effective January 1, 1988. KA/pmp ENGINEER MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Soo Line Railroad Proposal DATE: December 10, 1987 Over the course of the last year or so, I have pursued modifications to the number of railroad tracks in some of our street crossings. Attached is a proposal from Soo Line Railroad that would clean up the Atwood and Scott crossings. BACKGROUND: At different occasions, Council has been asked to consider closing several downtown railroad crossings, including Apgar Street, to accommodate a corridor improvement project. To this date, there has not been sufficient interest on the part of Council to close any crossings. Attached is a proposal from Soo Line Railroad that would result in the removal of two tracks in the Atwood crossing and two tracks in the Scott crossing. In return, Soo Line wants a committment on the part of the City to close Apgar and participate in the cost of some track work that would facilitate their operations. It appears from their letter that the purchase of the property that their tracks currently occupy would be considered cost participation. Also attached is a December 12, 1986 memo that addresses the Apgar/Scott street corridor and traffic movements if Apgar was closed. As indicated in the Soo Line letter, they wish to have an indication from the City if the proposal is workable. RECOMMENDATION: It is my opinion that the removal of tracks from Atwood and Scott would be a big benefit. With traffic signals at Scott & 1st Avenue, Scott could function as the major corridor route and also connect to CSAH 77. REQUESTED ACTION: Direction to staff is requested as to whether Council would entertain the details of a proposal from Soo Line Railroad which includes the closure of Apgar Street through the railroad tracks. KA/pmp RAILROAD Bt. Paul, MN ( 0 December 7, 1987 File: 8437 Mr. Ken Ashford City Engineer City of Shakopee 129 E. 1st Avenue Shakopee, MN 55379 Dear Mr. Ashford: This letter will acknowledge the meeting held in Shakopee with yourself, Mr. Tom Parsons from the SOO's Engineering Department and myself in regards to the City of Shakopee's request of the Soo Line Railroad to vacate trackage through Atwood Street. My understanding is that the city has made some street alignment changes east of the SOO right-of-way and would like to continue this project westward towards Atwood Street. The SOO's intersection at Atwood creates design problems that could be overcome with the SOO vacating Atwood. During our meeting I explained the SOO's operation and how the current track configuration makes it impossible to vacate the trackage through Atwood. To vacate Atwood would severely affect the SOO's ability to adequately serve Rahr Malting and provide occasional service to the local feed mill. Atwood Street could be vacated, however, if specific changes were made with track configuration, and one street closed to vehicle traffic. Certain track changes could be made near the SOO's connection track with the CNW Railroad. These changes would allow the SOO to vacate not only Atwood Street, but also Scott. The SOO would propose that as part of the changes that Apgar Street be closed to vehicular traffic. Closing Apgar Street would give the SOO added trackage necessary to adequately serve Rahr Malting. Mr. Parsons and myself explained that the SOO does not have money available that could be used for making any proposed trackage changes at Shakopee. We discussed the fact that there may be some value in rail salvage and also funds generated from potential property sale by the SOO of the land where the present trackage is. We briefly discussed some joint benefit to the City and the SOO should the track changes be made and Apgar Street be closed. Mr. Parsons is going to provide an estimate of the cost to realign the necessary trackage. He also is going to figure the salvage value of the rail. I have contacted Mr. M. S. Bernhardson of our Marketing Department to provide a value of the property that would be made available if the proposed changes were made. As soon as Mr. Parsons and Mr. Bernhardson have estimates to work with, we should meet again to further discuss the feasability and economics of the project. December 7, 1987 Page 2 tD t At this time I would like to know what the City's thoughts are in regard to removing SOO's trackage through the city streets of Atwood and Scott, and the closing of Apgar street to vehicular traffic. If the city is receptive to the SOO's proposal, we then should arrange to meet with those concerned to work out the details and finances of the proposed project. Yours Truly, ` D. H. Nelson Asst. General Manager DHN:bmm cc: T. M. Parsons M. S. Bernhardson R. 0. Seeley MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Railroad Corridor Improvement DATE: December 12, 1986 INTRODUCTION: At their October 7, 1986 regular meeting, Council directed staff to pursue a federally funded, railroad corridor improvement project. Preliminary meetings have been held with the railroad and Mn/DOT. BACKGROUND: A meeting with the railroad led to a discussion of the Apgar. Street crossing. Mn/DDT had indicated that, w`_.th the large number of crossings in the downtown area, they would like to see. some of them closed. Due to the number of tracks at Apgar, they would particularly like to see this crossing closed. A consultants study of street corridors within the City also identified the situation on Apgar Street. Attached are excerpts from the consultants report that discussed the Apgar Street corridor and proposed street and traffic control improvements. The opinion of closing various crossings in the downtown area to improve szfezy stems from the idea that the less crossings that exist, the better for tra-fic control I agree that idea makes sense in most cases but not in Shakopee where 2nd Avenue runs immediately adjacent and parallels both sides of the track. Closing If crossings in the downtown area would increase east - west movements on 2nd Avenue and in turn, increase 90 degree turning movements across the tracks. These turning movements do not receive the full benefit of crossing protection devices due the ^zCk to the angle of approach to the crossing and sight distance along Is directly over the shoulder.It this Vis an unsafe condition. =s my opinion that In reviewing the consultants report for the Apgar Street corridor, they recommend traffic control that would increase movements along 2nd- Avenue with Apgar Street closed. The resulting turning movements are not as bad in this case since both lanes of traffic are on the south side of the tracks. As stated in the report, the traffic vol::mes do not wzrrznt the need for one wz7 couplets other than to reduce the volume of traffic shifting from Apgar Street to Scott Street when proceeding -in the norther_y direction across the tracks with the Ar crossing closed. Apgar Railroad Corridor Improvements December 12, 1986 Page 2 /0 If Apgar Street is closed between 1st and 2nd Avenues, a state aid route designation change is necessary. A state aid route must terminate at either another state aid route, County, or State facility. I sketched on the attached Apgar Street corridor map an alternative alignment of the state aid route. This alignment would eliminate the need for a shift in the route from Apgar to Scott. In comparing the two routes, Scott Street is very similar to Apgar Street relative to profile grade and driveway access needs. Properties abutting Scott Street is more institutional in nature between 2nd Avenue and 4th Avenue. This alignment would increase traffic adjacent to the St. Mark's School. RECOMMENDATION; No immediate decisions regarding necessary. if the state aid route changes are corridor City wishes to pursue a federally funded improvement project for 1987, the railroad and Mn/DOT will want some indication soon on our position of closing crossings. I recommend no closings in the downtown area. Tf Council is receptive to closing Apgar, I recommend that this retentiveness be used as a bargaining tool to obtain other improvements. Other improvements could be the sidings on Scott Street by realigning the sidings elimination of west of Scott. sidin Whether this can be done is unknown at this point. Staff has also been talking with Soo Line Railroad (different cumsuiy Panthan Chicago Northwestern :rho owns the main line) in changing or __'minatirg the sicings on Atwood Street. What will result from these discussions are also unknown. REQUESTED ACTION; Indication Particular to staff of Council's desire to close any railroad crossings in the downtown CBD area. Indication to staff of Council's l's receptiveness of closing `the r -=road crossing at Apgar Street. %A/pmp R=TLROAD Mr. H.R. Spu._ier �D / April 23, 1984 / Page 14 The alternative, concentrating_ __ i` movements on A.pgzr Street, will result in volumes o: cp to 4,000 tri day n this sps Der portions of treet, which can be accommodated on the existing two—lane street. _xtension of Scott Street through to the 13th Avenue altg some of the new grcwtament would disperse b area traffic " _•narti cuja= Is _T -r-=swith destinations Use of Apgar S±a :iti` y cf Se. Francis Hospices_.treet in lieu or a one—way couple: would reonire either upgrading of the multiple crack crossing at 2nd Avenue or some accoamodatmovioa to improve traffic and escort either along 31d or 2nd Avenues) between Apgar Streets. The city's downtown study included a recommendation that Atwood Street be closed east of St. Francis Hospital to create a "superblock" for hospital—related expansion. The Downtown Plan concentrates Lraffic on Fuller Street and A?GAR S7Rff9T CORRIDOR North/south traffic movements in this corridor are dispersed between Shumway Street, Apgar Street and Scott Street. South of 10th Avenue, counts show only 440 trips per day. These volumes increase • progressively as we al downtownShakopee. Since Scoreverse tt Street is Signed asward an access to St. Francis Hospital, volumes on that street are slightly higher than oa parellel roadways. Corridor volumes appear to be highest in the area between 6th Avenue and 3rd Avenue, with approximatly 4,000 daily trips divided between the three streets. The alternative, concentrating_ __ i` movements on A.pgzr Street, will result in volumes o: cp to 4,000 tri day n this sps Der portions of treet, which can be accommodated on the existing two—lane street. _xtension of Scott Street through to the 13th Avenue altg some of the new grcwtament would disperse b area traffic " _•narti cuja= Is _T -r-=swith destinations Use of Apgar S±a :iti` y cf Se. Francis Hospices_.treet in lieu or a one—way couple: would reonire either upgrading of the multiple crack crossing at 2nd Avenue or some accoamodatmovioa to improve traffic and escort either along 31d or 2nd Avenues) between Apgar Streets. The city's downtown study included a recommendation that Atwood Street be closed east of St. Francis Hospital to create a "superblock" for hospital—related expansion. The Downtown Plan concentrates Lraffic on Fuller Street and New residential growth south of 10th Avenue is anticipated to produce an additional2,440 trips per day in the corridor. The bulk of this additional travel will continue to downtown Shakopee or to TH 169. Although Apgar Street is continuous to TH 169, numerous tack crossings between 1st and 2nd Avenues make this ioca:ion less desirable than Scott Street for continuation of the corridor movement. Furthermore, Scott Street is aligned with Levy Drive to the north and is provided with a traffic signal to facilitate safe highway crossing manuevers. Creation of one—way a couplet using Scott Street northbound and Apgar Street southbound should be considered between 10th and 3rd Avenues. As the agricul— tural area south of 10th Avenue is develoted,this cne—way be continued south to .1 the proposed new 13th Avenue align alignment. The alternative, concentrating_ __ i` movements on A.pgzr Street, will result in volumes o: cp to 4,000 tri day n this sps Der portions of treet, which can be accommodated on the existing two—lane street. _xtension of Scott Street through to the 13th Avenue altg some of the new grcwtament would disperse b area traffic " _•narti cuja= Is _T -r-=swith destinations Use of Apgar S±a :iti` y cf Se. Francis Hospices_.treet in lieu or a one—way couple: would reonire either upgrading of the multiple crack crossing at 2nd Avenue or some accoamodatmovioa to improve traffic and escort either along 31d or 2nd Avenues) between Apgar Streets. The city's downtown study included a recommendation that Atwood Street be closed east of St. Francis Hospital to create a "superblock" for hospital—related expansion. The Downtown Plan concentrates Lraffic on Fuller Street and Ht. E.R. Spurrier April 23, 1984 Page 15 diminishes the use of Atwood Street, except for circulation trips. Atwood presently car..-ies approximately for 600 cars per day and redistribute onto the Apa portion of these trips would gar not available. Street corridor if Atwood is Although creation of has some advantagesa one-way couplet in this corridor reouired for traffic , out -of -direction travel would be approaching St. Harks School and the With Atwood emergency/outpatient entrance to St. Francis Hospital. activities asStreet closed and the school pedestrian Asociated with an elemea and Scott StreeLary school at 3rd Apgr Street t, we recommend two-way operation on atthis time. wi Theth ae to Scott Street along tad Avenue for the future if _ Lay street option remains viable additional capacirt'as ac growth in this corridor requires y as the city continues to grow. No changes is traffic control are indicated along either increases or Scott Streets south of 2nd A this venue. As traffic erses oa for ridor, it is recommended that 2nd Avenue be improved between Apgar and Scott Streets and thaou at STOP sign placement along 2nd Street be used to enrage use of 21d Avenue for signal access to the traffic ShakkooDee. and "IE at Scott Street 169 and to downtown pe 16 % • '�Trvzc 71 ♦:Oi d_ ,"+"III D.:• �--__. III1- II IILi!. •I2!.� Ili i• >C7 �� S=�DND AVL Tp Dl- Ll6Ny �5lGl.�;olto.J �. n T iY011$ row sit /6T L 0 p L Li 0 .m m o � CJ' C C � 100) NEW TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Preliminary Engineering for the T.H. 169 River Crossing 6 Mini -Bypass Environmental Assessment DATE: December 8, 1987 This memo addresses proposed Change Order No. 2 for the subject project. BACKGROUND: Attached is an October 17, 1986 memo from John Anderson addressing Change Order No. 1 to the contract with Barton-Aschman Associates. This Change Order was approved by Council. Also attached is a December 3, 1987 correspondence from Barton-Aschman itemizing work completed that was not in the project scope of their contract. I concur with the extensiveness and degree of work completed relative to the proposed scope of work in their contract. As the project evolved, additional work was necessary to assure that all alternatives and associated amenities were properly addressed. To protect the interests of the City, this extra work became more important since there is a cap on the City contribution to the project and it is expected that Mn/DOT will contract and inspect the actual construction. The proposed amount of Change Order No. 2 is $8,490.00. Alternatives: 1. Approve Change Order No. 2. 2. Approve a lesser amount that is arbitrary. 3. Do not approve Change Order No. 2. The project fund can adequately support the proposed Change Order No. 2. REQUESTED ACTION: Move to approve Change Order No. 2 to the preliminary engineering contract with Barton-Aschman Associates for the T.H. 169 Environmental Assessment in the amount of $8,490.00. KA/pmp CROSSING MEMO TO: Mayor and Council FROM: John R. Anderson, RE: Change Order No. Assessment (EAW) Associates, Inc. DATE: October 17, 1986 In`roduc`ion• City Administrator 1 for Location Study, & Environmental1 Contract with Barton-Ascnman ,; Nn1 „(y4rJ" 'J Q� oj�lpe The City entered into a contract with Barton-Aschman Associates, Inc. in 1985 to complete the above mentioned study and EAW. Bartcn-Aschman Associates, Inc. representatives John Mullan and Bruce Warzala worked with a City appointed committee this past summer to bring 15 alternative bridge alignments down to a reasonable number to be included into a final EAW. Backcround• Task No. 3 entitled "Develop Alternatives" in the City's contract with the consultant called for preparing preliminary geometric _avouts for up to four (4) alternative alignments. The committee was unable to reduce the 15 alternatives to 4 for final study. It only reduced the number to - 6. The committee felt strongly that the 6 needed full analysis and the additional 2 alternative alignments account for the major cost of Change Order No. 1. After the committee had completed its work and the EAW was printed, a citizen came forth with a new alternative which City staff and the consultant reviewed. The cost for that review constitutes the balance of Change order No. 1. Attached is a letter from Bruce Warzala dated October 14, 1986 outl:n_ng the work comple=ted on the 6 alignment alternatives plus the ----e additional alternative. Also attached for your review is = _-�imated cost proposal for the study included in our contras_ „_th the consultant. There were 8 tasks identified in the contract and the first 6 tasks have been completed. Task 7 is "Public Involvement" and _ask 8 is "Study Report" which includes the final geometric_avout and a study report for the selected alternative (see estimated cost proposal). Alternatives: Approve the Change Order as submitted. Council is well aware of the importance of finding a bridge alignment alternative that serves the City and State traffic needs, plus the City's downtown redevelopment needs. As indicated by the shear number of alternatives, there has been a keen interest in the final bridge alignment. This interest was a'_so reflected in the committee appointed to reduce the 13 sites to 4 sites for study. They were unable to reduce the ra tf alternative alignments to 4 without significant additional analysis. While the additional analysis took more time and money, it was essential in providing critical engineering information which the committee could use in making its selection for the final alternatives in the EAW. The total cost of Change Order No. 1 would be $13,410 or 9.48 of the contract estimate. Change orders exceeding 1% require Council action. If Council does not approve this change order we will have to redesign Task 7 and 8 to determine how they can be completed within the original contract estimates. Approve Change Order No. 1, but in a reduced form. This alternative would require that City staff sit down with the consultant to see if a Change Order with a lesser cost could be negotiated. The City could choose- not to pay for the additional work under Change Order No. 1, and renegotiate the work to be completed under Task no. 7 and 8 under the contract. This alternative would also require that staff sit down with the consultant to review just how the project could be completed. Recommendation: I recommend alternative No. 1, because the City has experienced considerable turmoil and delays due to the community's overall interest in the final alignment of the Hwy. 169 bridge. Money spent on studies and design to thoroughly analyze the most "Moru'lar" alternative is well spen_ if it provides technical information around which quality decisions can be made and a community consensus can be maintained. The contingency in the bond sale financing this project is sufficient to cover the $13,410 cost of change order No. 1. Action Reauested: Authorize the appropriate City Officials to approve Change Order No. 1 for the Location Study and Environmental Assessment (EAW) contract with Barton-Aschman Associates, Inc. increasing the estimated contract cost by $13,410. n—& -.-Aa hmnn Associates. InC. 1610 South Sixth Street Minneapolis, Minnesota 55454 December 3, 1987 Hr. Sen Ashfeld 'DECO 41981 City Engineer �lTY OF city of c�mTM.e S)"Al(OpSE 129 Fast First Avenue Shakopee, MN 55379 Re: TH 169 Minnesota Ri`ler/CBD BYPa.`- Preliminary Stud'ie's Consultant contract S.P. 7009-52 Dear Hr. Ashfeld: With the recent completion and distribution of the project study report, it appears appropriate at this time for Bartcn-Asdmian Associates, Inc. to begin the process of closing our consulting services oontract with the City of Shakopee. As you are well aware, the mini bypass project was very unique and special to the city in terms of engineering, environmental and traffic/safety related issnas. Despite cur best efforts to control cost, the final exceeded the original budget. The project denands necessitated a le;.el of effort and extra work beyond that anticipated in our original scope of services. Ybe following di�,«im summarizes some of those key additional services which lei to averages in consulting fees. 1. A feasibility analysis was oomlncted for utilizing the existing TH 169 bridge as a pedestrian use facility in lien of sidewalk provisions on the proposed new bridge. This analysis involved methodologies regarding stsuctuxe retrofit, cost and cost sharing negotiations. 2. Rigorous study of downtown sidewalk circulation alternatives. 3. E amination of the west end of the bypass for roadway access treart<rent to downtown. 4. Coordination and liaison activities necessary to expedite and insure State Historical Preservatim Office (SHPO) project dete=inutim in a timely manner. O 160 Barton-Aschman Associates, Inc. The average specifically attributable to these additional services itemized above amounts to $8,490 as of this date. We respectfully request that the city consider this overage as a request for additional payment. Respectfully Submitted, J1' •i n •Y >. I chn Vice Arsident DEW/JQ4:jkc cc: Mr. Jckm An ez* n Barton-Aschman Associates, Inc. 1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421 Decmber 3, 1987 Invoice #43127 City of Shakopee 129 E. First Avenue Shakopee, MN 55379 Attn: Mr. Ken Ashfeld Professional services rendered to date in association with extra work canducted m the 7H 169/CBD bypass preliminary studies pmject. Amunt Requested $8,490.00 Client Copy O /') v Barton-Aschman Associates, Inc. Breakdown of staff time and expenses for extra work, imOice # 43127. 1. Feasibility analysis associated with existing TH 169 bridge as pedestrian facility. Staff Time D.B. Warzala Senior Assoc. 31.0 hrs at $65 $2,015.00 B.L. Warzala Senior Assoc. 12.0 hm at $65 780.00 J.H. Un-uh Assoc. 24.0 hrs at $50 1,200.00 R.R. Crandall Senior Tech. 6.0 hrs at $45 270.00 K.R. Oehrlein Support 2.0 hrs at $30 60.00 Subtotal Labor $4,325.00 2. Sidewalk Alternatives Staff Time D.B. Warzala Senior Assoc. 7.0 hrs at $65 $ 455.00 B.L. Warzala Senior Assoc. 11.0 hrs at $65 715.00 R.R. Crandall Senior Tech. 17.5 hrs at $45 787.50 Subtotal Labor $1,957.50 3. Dcwntvwn Access Staff Time D.B. Warzala Senior Assoc. 5.0 hrs at $65 $ 325.00 B.L. Warzala Senior Assoc. 6.5 hrs at $65 422.50 J.H. Unruh Assoc. 8.5 hrs at $50 425.00 Subtotal Labor $1,172.50 4. Coordination and liaison activities with MnD ISBFO. Staff Time B.L. Warzala Senior Assoc. 14.0 hrs at $65 $ 910.00 K.R. Oehrlein Support 2.0 hrs at $30 60.00 Subtotal labor $ 970.00 TOTAL IABDR EXPENSES $8,425.00 Travel $50.40 Stationary/Supplies $14.60 -' Total Expenses $ 65.00 Total Extra Work $8,490.00 Barton-Aschman Associates, Inc. 1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421 [mer 3, 1987 Invoice ;,43127 City of Shakopee 129 E. First Avenue Shakopee, MN 55379 Attn: Mr. Ken Ashfeld Professional services rendered to date in association with extra work corzh1uted on the 7H 169/CBD bypass preliminary studies project. Amount Requested $8,490.00 Id 16 v Barton-Aschman A::sociates, Ina Breakdown of staff time and e3Pan5oO for extra work, invoice # 43127. 1. Feasibility analysis associated with existing TH 169 bridge as pedestrian facility. Staff Time D.B. Warzala Senior Assoc. 31.0 hrs at $65 $2,015.00 B.L. Warzala senior Assoc. 12.0 hrs at $65 780.00 J.H. Unruh Assoc. 24.0 hrs at $50 1,200.00 R.R. Crandall Senior Tern. 6.0 hrs at $45 270.00 K.R. Oehrlein Support 2.0 hes at $30 60.00 Subtotal labor $4,325.00 2. Sidewalk Alternatives Staff Time D.B. Warzala Senior Assoc. 7.0 hes at $65 $ 455.00 B.L. Warzala Senior Assoc. 11.0 hrs at $65 715.00 R.R. Crandall Senior Tech. 17.5 hes at $45 787.50 Subtotal Labor $1,957.50 3. Downtown Access Staff Time D.B. Warzala Senior Assoc. 5.0 bra at $65 $ 325.00 B.L. Warzala Senior Assoc. 6.5 hes at $65 422.50 J.H. Unruh Assoc. 8.5 hrs at $50 425.00 Subtotal Labor $11172.50 4. Coordination and liaison activities with IMDOT/SHAT. Staff Time B.L. Warzala Senior Assoc. 14.0 bra at $65 $ 910.00 K.R. Oehrlein Support 2.0 hes at $30 60.00 Subtotal Labor $ 970.00 lUTAL LABOR EXPENSES $8,425.00 Travel $50.40 Stationary/Supplies $14.60 Total Expens s- $ 65.00 Ttal Extra Work $8,490.00 Jo✓ MEMO TO: John K. Anderson, City Administrator �f FROM: John H:--DeLacey, Enaineerino Technician III� SUBJECT: Downtown Streetscape Project 1987-2 Change Order No. 4 DATE: December 10, 1987 INTRODUCTION: A change order is needed for the above referenced project. BACEGRGJND: Change Order No. 4 accounts for some items that were unforeseen and not included in the contract proposal. Also included in this change order are contract items that show a major quantity change. The three major increase items are removing existing storm sewer pipe, subgrade excavation and common borrow. The existing storm sewer removal overran due to the unforeseen condition that there were three existing lines on both Sommerville and Lewis. The subgrade excavation and common borrow overran due to more areas of unsuitable soil conditions than originally anticipated. There are four items that show a major decrease. The concrete valley gutter was not used at all in this project because engineering utilized a combination of bituminous paving and concrete drive to replace it. The sidewalk and gate valve replacements are simply project underruns. The pneumatic sugaring is less, as engineering utilized existing storm sewer lines under the R.R. tracks for electrical conduit crossings. REQUESTED ACTION: 1. Approval of Change Order No. 4 with a decrease to the Downtown Streetscape Project 1987-2 in the amount of $1,548.70. 2. Approval of Partial Pay Estimate No. 4 in the amount of $222,489.72 to Hardrives, Inc., 7200 Hemlock Lane No., Maple Grove, MN 55369 for Downtown Streetscape Project No. 1987-2. JHD/pmp DOWNTOWN PARTIAL ESTIMATE VOUCHER Contract No. 19872 Partial Estimate Voucher No. _4 Period Ending: November 30, 1987 70: Contractor Hardrivea Inc. --.-- Address 7200 Hemlock Lace M. Maple Grove. MN 55369 Project Description Dowtown Streetacape 1. Original Contract Amount 2. Change Order No. I— Thru No. 4 3. Total Funds Encumbered 4. value of Work Completed S 960.840.26 5. 5 Percent Retainage f 48.042.01 6. Previous Payments = 640.308.53 7. Deductions or Charges 8. Total Payment Due (Line 4 - 8) n i 48.670.80 = 2.235.128.45 Value of Work Remaining $ 1.274.288.10 Percent Complete CErMICATE OF PAIRM (I, We) hereby agree that the quantity and value of work shwa herein is a fair estimate of the work completed to date. CONTRACTOR ./'�'0i1-0�.:�.: s 7rCic REVIEWED BY SHAKOPEE PUBLIC BY ��i�_�-�.Y UTILITIE4 COMMISSION TMEALL APPROVED - CITY OF SHAKOPEE Date lz��� 12.-io- d ee Date cityD ,. ALL.. ..: i io 10✓ i ,. ALL.. ..: i io 10✓ ¢ 5 5 5 1 ,. ALL.. ..: i io 10✓ i � o veeee. i e oaevo. . . ... ie rl ... . ... �. .�e .......... ..... , ... ... . ... .�e .......... ..... , ... ... . ... .�e •� .._._....el . .... . 'BV 88:, .i 's I. of - I • •b 1? eee ea �e..I I . I . . . . . I l e I- 7 E •. L I e ...� .......I . . /6 v .... . i a' 'e a 1. /6 v .o .o =i .aeda°omA� eveee�e) aoeve. 1. 66666 6666.... eeve o ee e°oo°e e o o .... ..... e m al el 1 66 e I IoII111 e° o e° a e o °ooevee a o e i e eeeeee� e e e e v o e e eeeee°e e o r oe°eeee1 oe. e s e° o e ....... o e m X� o eo o I.......... �o..... ...... . ie....... ie........ ..... ie........ fie........ F; ......... vi ........ ...... . .. . .. o =1 I. 61 . I. - ••• �o• • . - •••••••• ••• _ • 9- • • • • •••••••• ••• • ie• ee ••o•••••o ••• - • • .•.....•. d i...• • • •, �, .W• w•„ • W.,• o o 6 6 o I I 6 6 o I I 0 0 I 1 0 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. REYMW: Contractor: _ � f�i � ..aa1.l��`DD Public Ytilities Com. By: Date i. �7 i o/s7 Bete 4JPt7yT;neeer 1?-- /0-2-7 Date APPROVED: City of Shakopee By: Approved as to form this Mayor Date day of 19 I y Date City Attorney 1/ City Maio Date Change Order No.: 4 Project Name: Downtown Street_aaoe Improvement Date: December 10 1987 Contract No.: 1987-2 Original Contract Amount $ 2,186,457.65 Change Order(s) No. 1 tbru No. I i -228 50 Total Funds Encumbered Prior to Change Order E 2,236,686.15 Description of York to be (Added/Deleted): See Attached Sheet The above des--ibed work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be decreased by $ 1.557.70 The number of calendar days for completion shall be increased by WA • Original Contract Amount i 2,186,457-65 Change Order(s) No. 1 thru 4 $ 48.670.80 Total Funds Encumbered E 2.245.128.45 Completion Date: No Chance to Interim or Final C®letion Date The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. REYMW: Contractor: _ � f�i � ..aa1.l��`DD Public Ytilities Com. By: Date i. �7 i o/s7 Bete 4JPt7yT;neeer 1?-- /0-2-7 Date APPROVED: City of Shakopee By: Approved as to form this Mayor Date day of 19 I y Date City Attorney 1/ City Maio Date SCHEDULE I Additional Items Not Included In Contract Item Description Cost 1. Removal of two existing fuel $ 100.00 tanks on Lewis Street 2. Demolition of cistern for $ 400.00 "old" fire hall at 2nd & Lewis 3• Lower existing storm M.H. on $ 1,275.00 Lewis Street between 2nd and 3rd for new street grade 4. Re -build existing C.B. $ 1,000.00 2nd & Lewis 5. Change of grade for S/W $ 225.00 on east side of Sommerville between alley and 3rd Ave. 6. Insulation for protection $ 768.00 of water services near storm sewer lines 320 S.F. @ $2.40/S.F. 7. Paint handicap emblems and $ 118.80 paint yellow striping on curb 8. Installation of two gate valve $ 200.00 boxes - only at 2nd & Sommerville 9. Removal of rubber tires from $ 42.00 "Old Pelham Hotel" lot TOTAL SCHEDULE I $ 4,128.80 SCHEDULE II - CONTRACT ITEMS MAJOR QUANTITY CHANGES ITEM DESCRIPTION 2104.501 Remove Sewer Pipe 2105.507 Subgrade Excavation 2105.523 Common Borrow 2531.511 Valley Gutter 2521.501 Sidewalk Concrete SP.208 Reconstruct Exist. Gate Valve in Manhole SP.223 Pneumatic Augering Under R/R CONTRACT ACTUAL UNIT CONTRACT QUANTITY UNIT QUANTITY PRICE ADJUSTMENT 2070 L.F. 4038 $5.50 $10,824.00 250 C.Y. 935 $5.00 $3,425.00 180 TON 1037 $2.50 $2,142.50 270 L.F. 0 $29.00 ($7,830.00) 3300 S.F. 2839 $18.00 ($8,298.00) 5 EA. 3 $1,400.00 ($2,800.00) 1 L.S. 0.25 $4,200.00 ($3,150.00) TOTAL NET SCHEDULE II ($5,686.50) TOTAL NET SCHEDULE I 6 II $1,557.70 CoA SeNT /00 MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Employment of Douglas Wise DATE: December 7. 1987 INTRODUCTION• The probationary period of Douglas Wise was extended by the City Council to December 15, 1987. It is now time to take action on this item. BACKGROUND: Douglas Wise was hired in February, 1987 and his six month probationary period expired on August 15, 1987. At that time the recommendation was made to the City Council that his probationary period be extended until December 15, 1987. In discussing this matter with Mr. Wise several alternative courses of action were explored. They are listed below. ALTERNATIVES• 1. Employ Mr. Wise on a contractual basis by negotiating a contract with a one year duration. 2. Extend the probationary period for another three months. 3. Terminate the probationary period by making Mr. Wise a permanent employee. 4. Terminate Mr. Wise's employment as of December 15, 1987. RECOMMENDATION• It is recommended that a one year contract for employment be negotiated with Mr. Wise.During the past four months his on the job performance has improved but not to the level that prompts a recommendation to take the action to make him a permanent employee. The contractual alternative has been exercised, in the past, with both the City Administrator and the Administrative Assistant in the Community Development Department, so there is precedent for this type of action. It is recommended that the one year contract have a 30/90 day option term in it. This means that Mr. Wise could terminate the contract with 30 days notice to the City and that the City could, with cause, terminate the agreement with Mr. Wise by giving a 90 day notice. The contract would provide for the normal employee benefits to be provided to Mr. Wise and the amount of compensation for the contract would be consistent with that of the fourth step of the City Planner position in the Shakopee pay plan. During this period of time the performance of Mr. Wise will be closely monitored and suggestions will be made where additional improvements can be made and performance enhanced.. Why am I making this recommendation? In reviewing both the pool of candidates that the City had early this year when we attempted to fill the City Planner position and in reviewing the finalist candidates for the Planner position in the City of Savage, I have some serious questions as to whether the City of Shakopee will, in all likelihood, be able to hire a candidate with qualifications appreciably better than those possessed by Mr. Wise. During the past 10 months Mr. Wise has gained a thorough knowledge of the City's various development ordinances and has established effective working relationships with other City employees. For the aforementioned reasons it is recommended that the City enter into a one year employment contract with Mr. Wise. ACTION REODESTED: Move to terminate the probationary period of Mr. Douglas Wise and direct the City Administrator to enter into an employment contract with Mr. Wise for a period of one year, beginning December 15, 1987. EMPLOYMENT AGREEMENT ' 0 SECTION ONE Terms of Employment The term of this Agreement shall be for a period of one year, commencing December 15, 1987. 6YFPCO)A n, Compensation of Employee Employer shall pay Employee, and Employee shall accept from Employer, in full payment for Employee's service hereunder, compensation at the rate of Step Four of the current pay plan for City Planner for services rendered for a normal 40 hour week, with overtime or compensatory time to be paid for work in excess of a 40 hour week when authorized in advance by the Employee's supervisor. Annual percentage increases authorized for all other City employees will be applied to the stated initial wage rate. Attendance at evening meetings shall be considered a part of the employee's normal 40 hour work week. The employee shall plan his schedule such that it conforms to a 40 hour work week, unless, at his election and with prior approval, he chooses to work more than 40 hours, in which case he may carryover compensatory time on the basis of time and one-half for each hour worked as per the provisions of the FLSA. �j X611P(o]Zm4'19DI�1 Employee Benefits Hospitalization Insurance and Lona Term Disability: Employer shall provide to Employee such group hospitalization and long-term disability insurance as is provided to full-time employees of the Employer, and on the same basis. Life Insurance: Employer shall provide to Employee such group term life insurance as is provided to full-time employees of the full-time employees of the Employer, and on the same basis. Vacation. Holidays and Sick Leave: Employer shall provide to Employee such vacation, holiday and sick as is provided to full-time employees of the Employer, and on the same basis. W:1440CiRE Velirl Other Terms If not otherwise established by this contract, all other terms of employment shall be established by the Shakopee Personnel Policy as adopted, March 5, 1980, and periodically amended. SECTION FIVE Termination of Contract The employee, at his discretion, terminate this contract upon 30 days written notice to the City. The City may, for cause, terminate this contract with the employee , upon 90 days written notice. If this contract is not renewed by the City at the end of the one year contract period, the employee shall be given ninety days notice of the intent, by the city,to not renew the contract. SECTION SIX Execution In witness whereof, the parties have executed this Agreement at Shakopee, Minnesota on the day of , 1987. EMPLOYEE EMPLOYER Mayor City Clerk City Administrator /D uJ TO: Mayor and Council FROM: Personnel Department Gregg Voxland, Finance Director, Marilyn Ramer, Personnel Coordinator RE: Employment Contract for Mr. Wise DATE: December 15, 1987 Introduction The Personnel Department has some concerns that it feels that Council should be made aware of concerning a potential contract for Mr. Wise. The staff memo from Mr. Kraft does not adequately address these concerns from the Personnel view point. Back rg ound The Personnel Policy provides that a probationary employee becomes a permanent employee at the point when probation is terminated or else the employment relationship is terminated (allowing for a 30 day notification period). If no action is taken within 30 days of the completion of the probationary period, the employee automatically becomes a permanent employee. Mr. Kraft is recommending termination of the probationary period, thus making Mr. Wise a permanent employee. The Personnel Policy had a category added labeled "Contracted Employee" when Mr. Stock was so defined. Mr. Stock is no longer a "contracted employee" but is a regular permanent employee. Personnel had concerns with the legality of the category at the time it was added to the Personnel Policy. Because of our current concerns, the Asst. City Attorney was consulted on Monday. Mr Kress prefaced his comments by saying although labor law is not his area of expertise, he is an attorney and knows the standards as defined by the courts. He stated that he has not heard of the term "contracted employee". He stated an individual is either a regular employee or an independent contractor under contract with the City who is not under the daily control of the City or essentially works on a piece work basis. The courts traditionally do not care what an employee is called, if we control what the employee does, i.e., work direction, work hours, and is he acting as an employee, then he is an employee. Mr. Kress has made it clear that he was merely giving the opinion that if this contract were challenged, it would not fly. Also, recent employees considered "contract employees" have been hired as such, not hired as a "regular" employee and then converted to a "contract employee" after probation. Probation may be extended up to an additional six months in addition to the initial six month period if requested by the City Administrator and approved by the City Council. The probation of Mr. Wise has been extended by three months already and an additional three months would be a total of twelve months to evaluate the performance of the Planner. The proposed contract treats the individual like an employee in every respect except for the prospect of continued employment. It is in essence another 12 months of probation. The only value of a contract appears to be the psychological value of easier termination of the employee. In the case where the employee chose to contest the termination at the end of the contract period, the contract would be worthless as a basis for termination. Termination would have to be on the /bL't) basis of job performance, budget, position elimination or other valid reason. Conclusion In conclusion, according to the Personnel Policy and accepted personnel practices as evidenced by observation and the Asst. City Attorney comments, it appears that the best options are to either terminate the employment, extend probation another three months or make the employee a permanent employee. Of course, Council sets the policy and may approve the execution of a contract. However, if it is challenged, it will probably have little legal standing. /Dx MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Employment of Planning Intern DATE: December 4, 1987 INTRODUCTION: The employment agreement between the City and Planning Intern Jon Glennie will expire during the latter part of this month. There is a need to make a determination on the status of Mr. Glennie with the City at this time. BACKGROUND: Mr. Glennie was hired in June of this year for a six month period. During his tenure with the City his performance has been at an acceptable level and he is gaining additional insight into the operation of the department and has a working knowledge of various planning related ordinances and procedures. The City Council dropped the Planner position from the 1988 budget but did authorize an amount of $10,000 for the employment of a planning intern. The continuation of Mr. Glennie's position as an intern would be of benefit to the City. ALTERNATIVES• 1. Extend Mr. Glennie's internship for additional six months (to June 30, 1987). 2. Terminate the City's employment agreement with Mr. Glennie at this time and do not extend his term of employment. It is recommended that the City Council authorize the extension of the period of employment with Mr. Glennie at the current rate of pay ($6.00 per hour). ACTION REOUESTED: Move to extend the employment of Mr. Jon Glennie as a Planning Intern with the City of Shakopee to June_ 30, 1988. /Dy, MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RB: Possible Location of a Minnesota National Guard Armory in Shakopee DATE: December 10, 1987 The Minnesota Army National Guard is presently engaged in an armory construction program throughout the State. They are closing down armories which no longer adequately meet their needs and are constructing new facilities in areas where demographic trends indicate new personnel will be living. At this time, if the City is possibly interested in such a facility arrangements can be made to obtain additional information from the Minnesota National Guard. BACKGROUND: The possible construction of a new National Guard Armory in Shakopee would offer the community several potential benefits. The first priority use of such a facility would be for military training. This would be for a very limited amount of time during any particular week. The second priority of uses would be for a variety of uses that the City would deem appropriate. The third priority of uses would be other community type uses. Possible uses to which the City could put this facility would include various types of indoor recreational activities including basketball, volleyball and exercise programs, as well as for various types of City related meetings. At the present time whenever the City Council or Planning Commission has a meeting which is likely to attract a sizeable number of persons it is necessary to use a local bank, school or Scott County provided facilities. Another part of the building would include the construction of a shooting range. Both the Shakopee Police Chief and the Scott County Sheriff indicated they viewed this as positive in that at the present time the outdoor facility that is used by both has very limited uses during the winter months. This would represent an opportunity whereby the City could potentially have access to community type space during most of the week while spending only 15 - 208 of cost of what the City would spend if it were to build the facility on its own. Financin The Federal Government pays for 758 of the construction of the basic armory. The State of Minnesota would pay an additional 12 1/28 and the City would be expected to provide the remaining 12 1/28. If the City were to want to provide additional enhancements such as a wooden floor for recreational purposes or certain electronic components of a shooting range then the City /0 t share, and in some instances, the State share would be slightly greater. If the City decides to pursue the construction of an armory in Shakopee State Law provides that the City could levy up to 1/3 of a mill in order to provide funding for their share of the facility. Cities in which armories are constructed have an opportunity to play a very active role in the design of such facilities. The project architects would specifically work with City government in designing the armory so that City needs can be effectively accommodated. Armory Size The basic armory would be designed to accommodate one, two, three or more military units. The smallest armory would be for 60 persons, the next size would be for 100 persons and larger armories would increase by 100 person increments. Project Location The program is set up in such a way that the City would need to donate the site to the National Guard. It is estimated that a typical site would have an area of approximately 6 - 7 acres. Other New Facilities Recently new armories have been built in the Cities of Bloomington and in Brooklyn Park. Both of these communities participated in the design of facilities so as to accomodate numerous community needs. The City of Albert Lea is presently participating in the construction of a new armory which will be used as a convention center. If the City Council is interested in pursuing this possibility a meeting can be arranged with Brigadier General John Cox, the Assistant Adjutant General of the Minnesota National Guard and/or Mr. Tom Nesbitt, the Chairman of the National Guard Building Commission. Also a site visit can be arranged so that the Council can visit other facilities in the Metropolitan Area to see how these have been constructed and to determine what kinds of community uses are being accomodated by these facilities. The time schedule from start to finish for a facility such as this would range from 3 - 5 years. The construction of such a facility in a particular community is, of course, dependent upon the positive determination by the National Guard of the suitability of the location and the ability to obtain financing for the facility. Decide to pursue this further and invite Minnesota National Guard representatives to a City Council meeting to explain the program in further detail and to then tour other facilities in the Twin Cities. Decide this is not something the City Council wishes to pursue at this time and spend no further time on this. The City Council should decide if this subject is of interest to them at this time and direct the City Administrator to take appropriate action. 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JaMNOI tT w N 0 b b O V O NO 11 m Y V w 0 0 0 0 0 0 0 n+bOV1 W W W�+ InOObNCDwW w Y N ry � r O m d n d m m o o 0 S V p w O T m F O O .aa 3 F A A b M 9 K n N 0 A N A 01 rt S O N d A N d N d d P• r I� O K 0 0 3 W W S O 3 M M B '< 3 3 3 M r NW K O O < V Z �+ W 0 � d • O m r �n W N O O O VI �O rt rt J e3� cr rt b H X 7 5 0 0 0 0 0 0 N m 3 3 3 'd5 m a G O A a "O ti ti an -i ryCj n U1 {may m N N N N N N N N N N N N N N N N N N N N N N N lT tT N N b UI IT N tT VI VI N VI VI VI VI N VI VI N N O b W V 01 u• A W N Y O �O W W -1 O� �n F W N Y w Y N ry � r O m d n d m m o o Ui S V p w v D O ID 9 N A 3 b > b b o 01 N r A N A 01 O 0 am+ W 0 N I O � m i n b W � O 0 NW O F x V W O W 0 � d • O = r �n W N O O O VI �O 0 0 0 0 0 0 0 w Y N ry � r O m .+ n O ryN N tT b Ui S V W r v r m Y + N 01 A m b W b b W 01 N r A N A 01 O m am+ W W N I O N W N O b W 'ry 3 ry � r O m .+ n O ryN N I 3 M ° S yr r v r m Y a p H ym � v m m W N S Y r 'ry 3 ry - y W m O ryN N V VI M ° p yr r v £ m Y cf H A m N m W N S Y r b V• N N 3 D7 m am+ r I I � O 0 O W tl1 V VI iO N v m (T Y~ O OWD VNi W � N O O b V• a N w O+ D7 m r r � O N v m c° m r r � O 0 NW O F F V W O W 0 N V r �n W N O O O VI �O 0 0 0 0 0 0 0 on Se ni- Ma TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: 1988 Workers' Compensation Insurance DATE: December 10, 1987 Introduction The workers' compensation insurance policy expires December 31, 1987. Background The City has used the League of Cities insurance program for workers' compensation insurance for about five years. The City has good rates, good service and receives dividends from the program when the Board of Directors of the program deem it possible. This is a non-profit self insurance pool with other cities. The premium rates are unchanged from 1987 and the 1988 deposit premium is $67,624.00. Alternatives 1. Stay with League program 2. Drop insurance 3. Seek other carrier Recommendation Alternative number one. Action Reauested Move to accept the quotation of the League of Cities Insurance Trust for workers' compensation insurance for 1988 and authorize payment of the deposit premium of $67,624.00 A) bb TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: 1987-89 Public Works and Police Sergeants Contracts DATE: December 10, 1987 Introduction Attached are the proposed contracts for 1987-89 for the Public Works and the Police Sergeants unions. Background All material changes 12/8/87 executive session. to the changes as discussed. Alternatives 1. Approve Contract 2. Further negotiations Recommendation Alternative number 1. from the 1986 contract are as discussed at the At this point, it appears the unions are agreeable Action Recuested Move to authorize the proper City officials to execute the proposed labor contracts for 1987-89 for the Public Works and Police Sergeants unions. LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 Public Works Effective January 1, 1987 through December 31, 1989 I N D E X Pace ARTICLE 1. PURPOSE OF AGREEMENT I ARTICLE II. RECOGNITION 1 ARTICLE III. DEFINITIONS 1 ARTICLE IV. EMPLOYER SECURITY 2 ARTICLE V. EMPLOYER AUTHORITY 3 ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE 3 ARTICLE VII. UNION SECURITY 5 ARTICLE VIII. SAVINGS CLAUSE 6 ARTICLE IX. WORK SCHEDULE 6 ARTI6..E X. OVERTIME 7 ARTICLE XI. CALL BACK 7 ARTICLE XII. LEGAL DEFENSE 7 ARTICLE XIII. SUBCONTRACTING WORK 7 ARTICLE XIV. DISCIPLINE B ARTICLE XV. SENIORITY B ARTICLE XVI. PROBATIONARY PERIODS B ARTICLE XVII. SAFETY B ARTICLE XVIII. JOB POSTING B ARTICLE RIR. INSURANCE 9 ARTICLE XX. HOLIDAYS 9 ARTICLE XXI. VACATIONS 9 ARTICLE XXII. SICK LEAVE 10 ARTICLE XXIII. SEVERANCE PAY 10 ARTICLE XXIV. INJURY ON DUTY 10 ARTICLE XXV. COVERALLS/UNIFORMS 10 ARTICLE XXVI. REPLACEMENT 11 ARTICLE XXVII. WAGES 10 ARTICLE XXVIII. WAIVER 10 ARTICLE XXIX. DURATION 11 APPENDIX A. WAGES 12 APPENDIX B. WAGES 13 APPENDIX C. WAGES 14 APPENDIX D. HOLIDAY BENEFIT 15 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 ARTICLE I. PURPOSE OF AGREEMENT This agreement is entered into between the City of Shakopee, hereinafter called the Employer, and the Minnesota Teamster Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union, the intent and purpose of this Agreement to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.3 Specify the full and complete understanding of the parties, and; 1.4 Place in written form, the parties agreement, upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE II. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, in an appropriate bargaining unit consisting of the following job classifications: Street Department Foreman Mechanic Heavy Equipment Operator Light Equipment Operator Leadman-Park Parkkeeper Maintenance Man (Streets and Parks) Laborer ARTICLE III. DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 1 �b bb C- v 3.2 EMPLOYER: The City of Shakopee 3.3 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 BASE PAY RATE: The employee's hourly pay rate exclusively of longevity or any other special allowance. 3.6 SENIORITY: Length of continuous service with the Employer. 3.7 COMPENSATORY TIME: Time off the employee's regularly scheduled work schedule equal in time to overtime worked. 3.8 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 3.9 OVERTIME: Work performed at the express authorization of the Employer in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 3.10 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 3.11 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow -down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. ARTICLE IV. EMPLOYER SECURITY 4.1 The Union agrees that during the life of this Agreement,it will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with, the normal functions of the Employer. 4.2 Any employee who engages in a strike may have his/her appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee is absent from any portion of his work assignment without permission, or who abstains wholly or in part from the full performance of his duties without permission from his Employer on the date or dates when a strike occurs is prime facie is presumed to have engaged in a strike on such date or dates. 2 4.4 An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed, or re-employed, but the employee shall be on probation for two years with respect to such civil service status, tenure of employment, or contract of employment, as he/s::e have therefore been entitled. 4.5 No employee shall be entitled to any daily pay, wages or per diem for the days on which he/she engaged in a strike. ARTICLE V. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this agreement. 6.2 Union representatives. The employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union Representatives and of their successors when so designated, as provided by Section 6.2 of this Agreement. 6.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided, is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.4 Procedure. Grievances, as defined by Section 6.1, shall be resolved in 16bD conformance with the following procedure Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer -designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed by Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer -designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union, within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer -designated Step 2 representative. The Employer -designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer -designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days following the Employer -designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer -designated Step 3 representative. The Employer -designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer -designated representative's final answer in Step.3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the 'Rules Governing the Arbitration of Grievances', as established by the Public Employment Relations Board. 6.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms of this Agreement. The arbitrator shall consider and decide only the specific issue (a). submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and ei_ _ of law. The Arbitrator's decision shall be submitted in writing wit` n thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation of application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, providing that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered 'waived'. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof, within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union, in each step. 6.7 Choice of Remedy. If, as a result of the written Employer response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to either Step 4 or Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 or Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure, and signs a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VII. UNION SECURITY In recognition of the Union as the exclusive representative, the Employer shall: /6 b 6 LC� 7.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the Wages of all employee authorizing in writing such deduction or a "fair share" deduction, as provided in Minnesota State Statute 179.65, Subd. 2, if the employee elects not to become a member of the Union. 7.2 Remit such deduction to the appropriate designated officer of the Union. 7.3 The Union may designate certain employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 7.4 The union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of the Article. ARTICLE VIII. SAVINGS CIAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Shakopee. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be re -negotiated at the written request of either party. ARTICLE IX. WORK SCHEDULES 9.1 The sole authority in work schedules is the Employer. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours, Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal 7:30-4:00 day. The Employer will give advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood snow, sleet or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless circumstances prevent him from so working. 9.4 Service to the public may require the establishment or regular work weeks that schedule work on Saturdays and/or Sundays. 6 ARTICLE X. OVERTIME 10.1 Overtime, as defined in 3.9 will be compensated at the rate of time and one-half (1 1/2) and will be paid in cash or in compensatory time off, as determined by the City Administrator. 10.2 Overtime shall be distributed as equally as practical by an establish,l seniority list for the department used as a rotating overtime call list. Overtime refused by an employee will, for record purposes, be considered as unpaid overtime work. No prior notice is required for overtime because much of it is of a "call out" nature requiring immediate response. Employees contacted under the above policy to work overtime, but refusing it because of illness, will not be recorded as worked. Also, employees who would be contacted but are on vacation will not be recorded as having worked when called overtime works. 10.3 Overtime refused by employees will, for record purposes under Article 10.2, be considered as unpaid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 10.5 The employees will be compensated at the rate of time and one-half (1 1/2). so working. ARTICLE XI. CALL BACK TIME An employee who is called in for work a time other than his normal scheduled shift will be compensated for a minimum of two (2) hours at the rate of time and one-half and will be cash in cash or in compensatory time -off, as determined by the City Administrator. ARTICLE XII. LEGAL DEFENSE 12.1 Employees involved in litigation because of negligence, ignorance of laws, non -observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 12.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his employment, when such act is performed in good faith and under direct order of his supervisors, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XIII. SUBCONTRACTING WORK Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement. 7 ARTICLE X. DISCIPLINE The Employer will discipline employees only for just cause. ARTICLE XV. SENIORITY Seniority will be the determining criterion for transfers, promotions and lay- offs only when all other qualification factors are equal. ARTICLE XVI. PROBATIONARY PERIODS 16.1 All newly hired or rehired employees will serve a six (6) month probationary period. 16.2 Laborers (street and Parks) will serve a one (1) probationary period from date of hire. After one (1) year, they will move into the job classification of Maintenance Man (street and parks) and serve a probationary period as per Section 16.3. 16.3 All employees will serve a six (6) months' probationary period in any classification in which the employee has not served a probationary period. 16.4 At any time during the probationary a newly hired or rehired employee may be terminated at the sole discretion of the Employer. 16.5 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer. ARTICLE XVII. SAFETY The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE XVIII. SOB POSTING 18.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided the applicants: a. Have the necessary qualifications to meet the standards of the job vacancy; and b. Have the ability to perform the duties and responsibilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article XVI. Probationary Periods. E 18.3 The Employer has the right to final decision in the selection of employees to fill posted jobs based on qualifications, abilities, and experience. 18.4 Job vacancies within the designated bargaining unit will be posted " five (5) working days so that members of the bargaining unit can �c considered for such vacancies. ARTICLE XIX. INSURANCE Effective January 1, 1987 the Employer shall contribute up to two hundred twenty-five dollars ($225.00) per month per employee toward health, life and long-term disability insurance. Effective January 1, 1988 the Employer shall contribute up to two hundred thirty-five dollars ($235.00) per month per employee toward health, life and long-term disability insurance. Effective January 1, 1989 the Employer shall contribute up to two hundred forty-five dollars ($245.00) per month per employee toward health, life and long-term disability insurance. n117440001;w•:remuivG The Employer will provide the following ten (10) paid holidays January 1 1st Monday in September 3rd Monday in February 2nd Monday in October Friday before Easter Veteran's Day, November 11th Last Monday in May 4th Thursday in November July 4th December 25th In addition to the above 10 paid holidays, each employee may take one floating holiday to be taken at the request of the employee and approved by the Employer. Said floating holiday is to taken as a holiday during the current year and cannot be carried over to the next year. ARTICLE XXI. VACATIONS Vacation leave shall be earned by the employee at the following rate: 0 - 5 years of employment 10 days 6 - 15 years of employment 15 days 16-20 years of employment 20 days 21 6. over years of employment 1 additional day per year up to 25 days at 25 years No more than the amount of vacation leave earned in a calendar year can be carried beyond December 31st into a new calendar year, except in emergencies and exceptional cases to be determined by the City Administrator. An employee who is separated for any reason shall be paid for any accumulated vacation 9 /o bb G v leave, provided however, that should an employee resign without giving two (2) weeks written notice, and except for reasons of ill health, he shall forfeit his right to all accumulated vacation leave. ARTICLE XXII. SICK LEAVE An employee shall accumulate sick leave at the rate of one day (1) per month. Sick leave may accrue at the rate of twelve (12) days per year to a maximum of 100 days. ARTICLE XXIII. SEVERANCE PAY An ec,,Ioyee who was a full time employee of the City before January 1, 1980 or who has completed five (5) full years of full time employment with the City of Shakopee and who is separated from his position by retirement, discharge, or resignation shall receive a lump sum payment, an amount to equal one-third the value of all accumulated sick calculated on the basis of his current salary or wage scale, provided that should any employee resign without giving two weeks written notice, except for reasons of ill health, he shall forfeit this right to all accumulated sick leave. , ARTICLE XXIV. INJURY ON DUTY Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed twenty-five (25) working days, in accordance with guidelines set forth in N.S. 176.021, Subd. 5. ARTICLE XKV. COVERALLS/UNIFORMS The City of Shakopee shall provide one (1) set of coveralls as needed for each Street and Park employee as determined by the City Administrator. Effective January 1, 1987 the City of Shakopee will pay 759 of the cost of weekly uniform rental for three (3) uniforms in, three (3) out, one (1) on the shelf and two (2) jackets. Effective January 1, 1987 the City of Shakopee will pay 759 of the cost of weekly uniform rental for five (5) uniforms in, five (5) out, one (1) on the shelf, and two (2) jackets for the City Mechanic. Effective January 1, 1988 the City of Shakopee will pay 1009 of the cost of weekly uniform rental for three (3) uniforms in, three (3) out, one (1) on the shelf and two (2) jackets. Effective January 1, 1988 the City of Shakopee will 1009 of the cost of weekly uniform rental for five (5) uniforms in, five (5) out, one (1) on the shelf and two (2) jackets for the City Mechanic. 10 ARTICLE XXVI. REPLACEMENT The Employer shall provide reimbursement/replacement of personal property such as glasses when accidentally damaged while on duty. Employee must submit a written claim within a reasonably prompt time after the incident. Such claim must be verified by the Supervisor. ARTICLE XXVII. WAGES See Appendix A, B & C. ARTICLE XXVIII. WAIVER 28.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superceded. 28.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate, regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. ARTICLE XXIX. DURATION This agreement shall be effective as of January 1, 1987 and shall remain in full force and effect until December 31, 1989. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 19_ FOR THE CITY OF SHAKOPEE FOR MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 Mayor Union Steward City Administrator Local 320 Representative City Clerk 11 ***Article XVI, Sec. 16.2 provides that after a period of one year a Laborer moves into the Maintenance Man position. APPENDIX A Salary and Benefit Schedule for Local No. 320 for 1987. 1987 PAY SCHEDULE Street Foreman Mechanic Park _eadman Heavy Equipment Operator* Light Equipment Operator/Parkkeeper Laborer $13.35 per hour 12.80 per hour after 36 months 11.65 per hour after 24 months 10.49 per hour after 12 months 9.90 per hour to start 12.59 per hour 12.57 per hour after 12 months 12.24 per hour to start 12.06 per hour after 36 months 10.92 per hour after 24 months 9.76 per hour after 12 months 9.18 per hour to start 9.89 per hour after 36 months 8.90 per hour after 24 months 7.91 per hour after 12 months 7.42 to start In addition, all six (6) personnel with Light Equipment Operator/Parkkeeper classifications will be paid at the Heavy Equipment Operator rate of $12.57/hr. for the last four pay periods in 1987 in recognition of their periodic assignment to operate such equipment during the year. *Two positions are authorized and are filled by a "senior qualified" Light Equipment Operator or Parkkeeper after that person has successfully completed skills testing administered by operators from adjoining cities. 12 APPENDIX B Salary and Benefit Schedule for Local No. 320 for 1988. 1988 PAY SCHEDULE Street Foremen Mechanic Park Leadman Heavy Equipment Operator* Light Equipment Operator/Parkkeeper Maintenance Man*** Laborer $14.02 per hour 13.25 per hour after 36 months 12.06 per hour after 24 months 10.86 per hour after 12 months 10.25 per hour to start 13.03 per hour 13.01 per hour after 12 months 12.67 per hour to start 12.39 per hour after 36 months 11.22 per hour after 24 months 10.03 per hour after 12 months 9.43 per hour to start 10.24 per hour after 36 months 9.21 per hour after 24 months 8.19 per hour after 12 months 7.68 to start In addition, all personnel with Light Equipment Operator/Parkkeeper classifications will be paid an additional sixty-two cents ($.62) per hour for the last four pay periods in 1988 in recognition of their periodic assignment to operate such equipment during the year. This is the rate differential between the top HEO and LEO/Parkkeeper steps. *Two positions are authorized and are filled by a "senior qualified" Light Equipment Operator or Parkkeeper after that person has successfully completed skills testing administered by operators from adjoining cities. ***Article XVI, Sec. 16.2 provides that after a period of one year a Laborer moves into the Maintenance Man position. 13 APPENDIX C Salary and Benefit Schedule for Local No. 320 for 1989. 1989 PAY SCHEDULE Street Foreman Mechanic** Park Leadman Heav3 Equipment Operator* Light Equipment Operator/Parkkeeper /6 b b CG $14.72 per hour 13.58 per hour after 36 months 12.36 per hour after 24 months 11.13 per hour after 12 months 10.51 per hour to start 13.49 per hour 13.47 per hour after 12 months 13.11 per hour to start 12.70 per hour after 36 months 11.50 per hour after 24 months 10.28 per hour after 12 months 9.67 per hour to start Maintenance Man*** 10.60 per hour after 36 months 9.53 per hour after 24 months 8.48 per hour after 12 months Laborer 7.95 to start In addition, all personnel with Light Equipment Operator/Parkkeeper classifications will be paid an additional seventy-seven cents ($.77) per hour for the last four pay periods in 1988 in recognition of their periodic assignment to operate such equipment during the year. This is the rate differential between the top HBA and LEO/Parkkeeper steps. *Two positions are authorized and are filled by a "senior qualified" Light Equipment Operator or Parkkeeper after that person has successfully completed skills testing administered by operators from adjoining cities. ***Article XVI, Sec. 16.2 provides that after a period of one year a Laborer moves into the Maintenance Man position. **Mechanic pay rates increased 2.58 over 1988 rates. Subject to the result of pending Comparable Worth Appeal, the 1989 pay rates may be adjusted up to an additional 1%. 14 APPENDIX D D.1 Holiday Benefit That said Article XX - Holidays for 1988 and/or 1989 in this contract for Public Works shall include one additional holiday if an additional holida included in the 1988-89 Police Officers Contrcwt. 15 /o h p LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 Police Sergeant Effective January 1, 1987 through December 31, 1989 IN WITNESS, WHEREOF, the parties hereto have executed this Agreement on this , day of , 19 . FOR CITY OF SHAKOPEE, MINNESOTA FOR MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 Mayor Union Steward City ..dministrator Local 320 Representative City Clerk 16 I N D E X Paee ARTICLE 1. PURPOSE OF AGREEMENT 1 ARTICLE II. RECOGNITION 1 ARTICLE III. DEFINITIONS 1 ARTICLE VI. EMPLOYER SECURITY 2 ARTICLE V. EMPLOYER AUTHORITY p ARTICLE VI. UNION SECURITY z ARTICLE VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 3 ARTICLE VIII. SAVINGS CLAUSE 5 ARTICLE IX. SENIORITY 5 ARTICLE X. DISCIPLINE 6 ARTICLE XI. CONSTITUTIONAL PROTECTION 6 ARTICLE XII. WORK SCHEDULE 7 ARTICLE XIII. OVERTIME 7 ARTICLE XIV. COURT TIME 7 ARTICLE XV. CALL BACK TIME 7 ARTICLE XVI. WORKING OUT CLASSIFICATION 8 ARTICLE XVII. INSURANCE S ARTICLE XVIII. STANDBY R ARTICLE XIV. UNIFORMS S ARTICLE XX. LONGEVITY S ARTICLE XXI. HOLIDAYS 9 ARTICLE XXII. VACATIONS - 9 ARTICLE XXIII. SICK LEAVE 10 ARTICLE XXIV. BEREAVEMENT LEAVE 10 ARTICLE XXV. SEVERANCE PAY 10 ARTICLE XXVI. INJURY ON DUTY 10 ARTICLE XXVII. WAIVER 10 ARTICLE XXVIII. DURATION 11 APPENDIX A. WAGES 12 APPENDIX B. BENEFITS 12 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND IAN ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 ARTICLE I. PURPOSE OF AGREEMENT This , greement is entered into as of January 1, 1987, between the City of Shakopee, hereinafter called the Employer, and the Minnesota Teamster Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form., the parties agreement, upon terms and conditions of employment for the duration of this Agreement. ARTICLE II. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all Police Personnel in the following job classification: Police Sergeant 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III. DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit 3.4 DEPARTMENT: The Shakopee Police Department. 3.5 EMPLOYER: The City of Shakopee 3.6 CHIEF: The Chief of the Shakopee Police Department. 1 3.7 UNION OFFICER: Officer elected or appointed by the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.8 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.10 REST BREAKS: Periods during the Scheduled Shift, during which the employee remains on continual duty and is responsible for assigned duties. 3.11 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow -down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. ARTICLE IV. EMPLOYER SECURITY The Union agrees that during the life of this Agreement that the union will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with, the normal functions of the Employer. ARTICLE V. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE VI. UNION SECURITY 6.1 The Employer shall deduct from the wages of Employees who authorized such a deduction, in writing, an amount necessary to cover monthly Union dues. Such monies shall be submitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer, in writing, of such choice and changes in the position of steward and/or alternate. 2 l6 bb 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice (s) and announcement(s). 6.4 The union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of the Article. ARTICLE VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this agreement. 7.2 Union representatives. The employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union Representatives and of their successors when so designated, as provided by Section 6.2 of this Agreement. 7.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided, is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programa of the Employer. 7.4 Procedure. Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure. Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer -designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed by Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer -designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union, within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer -designated Step 2 representative. The Employer -designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following Employer -designated representative's final Step 2 answer. F^v grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days following the Employer -designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3 If appealed, the written grievance shall be presented by the Union and discussed with the Employer -designated Step 3 representative. The Employer -designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer -designated representative's final answer in Step.3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Sten 4- A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the 'Rules Governing the Arbitration of Grievances', as established by the Public Employment Relations Board. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms of this Agreement. The arbitrator shall consider and decide only the specific issue (s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The Arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation of application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, providing that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim /6 bb record of the proceedings, it may cause such a record to be made, providing it pays for the record. if both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered 'waived'. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof, within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union, in each step. 7.7 Choice of Remedy. If, as a result of the written Employer response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to either Step 4 or Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 or Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure, and signs a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIII. SAVINGS CLAUSE This agreement is subject to the laws of the United States, the State of Minnesota and the City of Shakopee. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be re -negotiated at the written request of either party. ARTICLE IX. SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or re -hired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the Employer. 9.3 A reduction of work force will accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work in two (2) years of the time of his layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, ; classification assignments and promotions when the job-rele,--at qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until March 15th of each year. ARTICLE X. DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand b) written reprimand c) suspension d) demotion; or a) discharge 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by the signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension, without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 10.7 Grievances relating to this Article shall initiated by the Union in Step 3 of the Grievance Procedure, under Article VII. ARTICLE XI. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. 6 /®b b ARTICLE XII. WORK SCHEDULE 12.1 The normal work year is two thousand and eighty hours (2080) to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or maximum of hours the Employer may assign employees. ARTICLE XIII. 017ERTIME 13.1 Employees will be compensated at one and one-half (1 1/2) times the employees regular base pay rate for hours worked in excess of the employees regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will, for record purposes under Article 13.2, be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Employees have the obligation to work overtime or callbacks if requested by the Employer, unless unusual circumstances prevent the employee from so working. ARTICLE XIV. COURT TIME An employee who is required to appear in Court during his scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1 1/2) times the employees base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. ARTICLE XV. CALL BACK TIKE an employee who is called to duty during his scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half times the employees base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. 7 ARTICLE XVI. WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the full responsibilities and authority of a higher fob classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE XVII. INSURANCE Effective January 1, 1987 the Employer shall contribute up to two hundred twenty-six dollars and eighty-two cents ($226.82) per month per employee toward health, life and long-term disability insurance. Effective January 1, 1988 the Employer shall contribute up to two hundred thirty-six dollars and eighty-two cents ($236.82) toward health, life and long-term disability insurance. Effective January 1, 1989, the Employer shall contribute up to two hundred forty-six dollars and eighty-two cents ($246.82) toward health, life and long- term disability insurance. ARTICLE XVIII. STANDBY PAY Employees required by the Employer to standby shall be paid for such standby time at the rate of one hours' pay for each on standby. ARTICLE XIX. UNIFORMS Employees will be paid a uniform allowance during January of each year. This allowance will be four hundred twenty-five dollars ($450.00) cash, for calendar year 1987, four hundred fifty dollars ($450.00) cash, for calendar year 1988 and four hundred fifty dollars ($450.00) cash, for calendar year 1989. ARTICLE XX. LONGEVITY Effective January 1 1987 the following longevity Pay Plan will be in effect: At the start of the fifth (5th) year of service, an employee shall receive one hundred five dollars and sixty-four cents ($105.64) per month additional. At the start of the eighth (8th) year of service, an employee shall receive one hundred thirty dollars and ninety-two cents ($130.92) per month additional. At the start of the eleventh (11th) year of service, an employee shall receive one hundred fifty-six dollars and eighteen cents ($156.18) per month additional. - At the start of the fifteenth (15th) year of service, an employee shall receive one hundred eighty-three dollars and seventy-three cents ($183.73) per month additional. Effective January 1 1988 the following Longevity Pay Plan will be in effect: At the start of the fifth (5th) year of service, an employee shall receive one hundred eight dollars and eighty-one cents ($108.81) per month additional. 8 At the start of the eighth (8th) year of service, an employee shall receive one hufidred thirty-four dollars and eighty-five cents ($134.85) per month additional. At the start of the eleventh (11th) year of service, an employee shall receive one hundred sixty dollars and eighty-seven cents ($160.87) per month additional. At the start of the fifteenth (15th) year of service, an employee shall receive one hundred eighty-nine dollars and twenty-four cents ($189.24) per month additional. Effectve January 1. 1989 the following longevity Pay Plan will be in effect: At the start of the fifth (5th) year of service, an employee shall receive one hundred twelve dollars and seven cents ($112.07) per month additional. At the start of the eighth (8th) year of service, an employee shall receive one hundred thirty-eight dollars and ninety cents ($138.90) per month additional. At the start of the eleventh (11th) year of service, an employee shall receive one hundred sixty-five dollars and seventy cents ($165.70) per month additional. At the start of the fifteenth (15th) year of service, an employee shall receive one hundred ninety-four dollars and ninety-two cents ($194.92) per month additional. ARTICLE 8%I. HOLIDAYS 21.1 All permanent employees and full-time probationary employees shall be eligible for eighty-eight hours of holiday pay (11 paid holidays). 21.2 Any employee required to work on any of the eleven (11) paid holidays shall receive an additional one-half (1/2) times his/her base pay rate in addition to the regular holiday time off. 21.3 The Employer may, at his option, buy back from any employee so requesting in writing by November let of each calendar year any holiday time off earned but not used by the employee by December 31st of any calendar year. ARTICLE XRII. VACATIONS 22.1 Employees shall earn vacation as follows: 0 - 5 years of service 80 hours per year 6 - 10 years of service 120 hours per year Over 10 years of service 8 additional hours per year not to exceed 160 hours 9 22.2 No more than the amount of vacation leave earned in a calendar year can be carried beyond December 31st into a new calendar year, except as permitted by the City Administrator. An employee who is separated for any reason shall be paid for any accumulated vacation leave, provided however, that should an employee resign without given two (2) weeks written notice and except for reasons of ill health, he/she s,:_�_ forfeit his right to accumulated vacation. ARTICLE XXIII. SICK LEAVE An employee shall accumulate sick leave at the rate of one day (eight hours) per month of service to a maximum of nine hundred sixty (960) hours. After nine hundred sixty (960) hours is reached, one day (8 hours) of sick leave per month shall accumulate to a sick leave bank. Any employee absent from work for fifteen (15) consecutive calendars shall have said sick leave deducted from the sick leave bank until such time as the sick leave bank is exhausted before deductions are made from regular accumulated sick leave. ARTICLE XXIV. BEREAVEMENT LEAVE Employees may receive three (3) days of bereavement pay for the death of members of immediate family which shall be charged to sick leave. Funeral leave benefits for the deaths of individuals other than members of the immediate family shall be charged to vacation time. ARTICLE XKV. SEVERANCE PAY 25.1 Effective January 1, 1987 any employee who is separated from his/her position by retirement, discharge or resignation shall receive severance pay of forty-five percent (458) of a maximum of nine hundred sixty (960) hours of accumulated regular sick leave calculated on the basis of his/her current wage scale. Should any employee resign without giving two (2) weeks written notice, except for reasons of ill health, shall forfeit his/her right to all accumulated leave. 25.2 Employees hired after January 1, 1981 will be entitled to severance pay after five (5) years of service. ARTICLE XXVI. INJURY ON DUTY 26.1 Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed seventy- five (75) working days, in accordance with guidelines set forth in M.S. 176.021, Subd. 5, beginning with the sixth (6th) working day of such injury. Such time shall not be charged against the employee's sick leave, vacation or other accumulated benefits. ARTICLE XXVII. WAIVER 27.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment, to the extent 10 inconsistent with the provisions of this Agreement, are hereby superceded. 27.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate, regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. ARTICLE XXVIII. DURATION This agreement shall be effective as of the first (1st) day of January, 1987 and shall remain in full effect until the thirty-first (31st) day of December 1989. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 19_. FOR THE CITY OF SHAXOPEE FOR TEAMSTERS LOCAL NO. 320 Mayor - Union Steward City Administrator Local 320 Representative City Clerk 11 APPENDIX A - WAGES A.1 Effective January 1, 1987 the Police Sergeant Salary Schedules shall be as follows: A.2 A.3 After 12 months Start $2,946.48 per mon,'- $2,821.08 per month Effective January 1, 1988 the Police Sergeant Salary Schedules shall be as follows: After 12 months Start $3,034.87 per month $2,905.71 per month Effective January 1, 1989 the Police Sergeant Salary Schedules shall be as follows: After 12 months Start APPENDIX B - BENEFITS $3,125.92 per month $2,992.88 per month B.1 That said 1988 and 1989 benefit agreements as defined in this contract for the Police Sergeants are inclusive of the benefits in Local No. 320 labor agreement with the Police Officers when established effective January 1, 1988 through December 31, 1989. 12 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Appointment of Manager to the Lower'Minnesota River Watershed District by Scott County DATE: December 10, 1987 - Introduction The City has received the attached letter from Scott County regarding the need to appoint a new manager to the Lower Minnesota River Watershed District to replace Russell Heltne. Background - - The County will make the final appointment from a list of names submitted by cities and townships within Scott County and lying within the Watershed District. The County would like to receive a list of names recommended by the City prior to their December 22nd meeting. This means that City Council must come up with the names by .its December 15th meeting. To assist Council we are calling individuals who have applied for appointment to the City Council or other boards and commissions in 1986 and 1987. We will provide Council with the names of those individuals wishing to be nominated Tuesday night. I have spoken with Larry Samsted, Watershed District Engineer, and he indicated that people with a business background that have experience in dealing with business and are familiar with budgeting have historically made good Watershed District Managers. I asked Larry if other engineers or attorneys might likewise make good board members and he agreed that they would. Larry indicated that to enhance the chance that a City's nominee get the appointment the City should provide the County with a list of at least candidates. Larry stated that the board meets monthly on the second Wednesday of the month in Burnsville at an office near the intersection of Hwy. 13 and Nicollet Avenue. Please pass this information on to likely candidates before you submit their names. Alternatives 1. Provide the County Board with three names suitable for consideration for appointment as Manager of the Lower Minnesota River Watershed District. 2. Provide less than three names. 3. Provide the County Board with no names. Recommendation The Lower Minnesota River Watershed District has a significant impact on the city of Shakopee and includes a large portion of our commercial and industrial tax base. Larry.Samsted and I both feel it is in the City's best interest to replace Mr. Heltne with another Shakopee resident. Therefore, I recommend that City Council submit at least three names. Action Requested Pass a motion recommending ( ) to the Scott County Board of Commissioners for appointment to the Lower Minnesota River Watershed District Board of Managers to complete the term of Mr. Russell Heltne ending March 22,'1990. JKA/jms /Cee MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Council vacancy in 1988 DATE: December 11, 1987 Introduction Due tr the upcoming vacancy on the Council in 1988, it will be necessary for Council to consider qualified candidates to fill this opening. Background Per your request, John, we hav, filling a Council vacancy in 198 City advertised the position. invited to a council meeting Councilmembers after which all Appointment was made at the next researched the process used in and in 1982. In both cases the In 1986 the applicants were to respond to questions of were nominated for the opening. Council meeting. Although a vacancy will not occur until mrs. Lebens is seated as mayor, Council may wish to begin advertising for the opening so that nominations can be made at the first meeting in January. This would minimize the amount of time that Council would be short a member. If Council desires to begin advertising now, I would recommend that applications be accepted until January 5th at 12:00 noon. (Since the notice will not be in the paper until December 23rd, and since this is a busy time of the year, accepting applications until January 5th will provide the public close to a two week notice.) Candidates would be asked to attend the January 5th meeting at which time Council could ask questions and make nominations. Appointment could take place on January 19th giving Councilmembers time to consider who is the best qualified candidate. Attached are the minutes of November 18, 1986 showing the questions Council asked of the candidates in 1986. These same questions could be used and/or additional questions could be used. Copies of the proposed questions could be provided to the candidates when they submit their application. Alternatives 1. Begin advertising immediately. 2. Delay advertising until the vacancy occurs. 3. Do not advertise,but nominate unsuccessful candidates of the November 3rd election. 4. Appoint next highest vote getter of November 3rd election. 5. Other. Recommendation Alternative No. 1, begin advertising for upcoming vacancy immediately. (If Councilmembers desire to ask questions in addition to the ones listed in the minutes of November 18th please discuss them now, or submit them to the City Clerk by December 23rd so that they can be provided to applicants.) Action Requested Authorize advertising for applicants to fill Councilmember Lebens' seat which will be vacated January 5, 1988, and that applications will be accepted until January 5, 1988, at 12:00 noon. JSC/jms ..,,« rc_ a 5 ...•..-c= __cess. L:c t__.. carried ^cel -_rou x/'Jierli-E moved to -_convene. f.oticn carried uranlmoucly. =. erou:w:/.:ampach moved --at a letter be sent to Kirnesota 7ecLrtr.ert of Health signed by iCr.^derson recommendi.-r their approval of the sewer facilities for the Backstretch RV Parc and Campground. !•;otion carried unanimously. The City Administrator handed out the 1st draft of the _cr000sed 19°? budget for review for the Budget fdorksession to be held Tuesday, August 25, 19°E. T- City administrator said the League of Minnesota Cities meetinr v:i'_1 be held Septan bar 4 at Eagle Lake, 1-Unnesota. roux/`.rierling moved to accept the Letter of resignation of Dean R. Collo an, City Council P+iember, with regrets and direct that a Resolution o£ thanks and commendation be drafted for r_-. Colligan. Mlotion carried unanimously. )Discussion ensued on filling the vacant seat within the Council and what the voting requirenents are. Mayor Reinke asked t o City Attorney about the possibility o; changing the size of the 1 council. The City Attorney will check into this matter and \.-.gve a decision by next meeting. Mr. Greg Keller raised an objection to adjournment to an Executive Session. He said that the purpose of the Executive Session is to hear a presentation by a consultant who has been hired by the City regarding a land use study. He stated that he felt the consultants presentation should not be in Executive Session because it would be in violation of the open meeting law. Leroux./iampach moved to table Executive Session to September 2, 19E6 Mction carried unanimously. Leroux/'rierling moved to adjourn to August 25, 19p; at 7:00 pm. motion carried unanimously. Meeting adjourned at 10:00 p.m. Judith S. Cox City Clerk Carol L. Schultz Recording Secretary city council September 2, 1986 Page -4- Lebens/Vierling moved to table the Amendment of the Shakopee Com- munity Access Corp. By -Laws until September 16, 1986. Motion carried unanimously. Vierling/Leroux moved to approve the plans and specifications for the intersection improvements at the intersection of Trunk Highway 101 and County Road 18 and direct staff to request MN/DOT to complete the improvements as soon as possible. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Wampach moved to approve Change Order No. i Fourth Avenue Reconstruction from Fillmore Street to Scott Street Project No. 1986-3, in the amount of $5,760.00 to be funded by the 1986-3 Project fund. Roll Call: Ayes: Cncl. Wampach, Vierling, Leroux, Mayor Reinke Noes: Cncl. Lebens Motion carried. Vierling/Leroux moved to authorize the appropriate City Officials to enter into a traffic Signal Maintenance agreement between the City of Shakopee and the Shakopee Public Utilities. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Leroux moved to appoint Dean Roper to the Community Services Board to fill the unexpired term of Bob Ziegler until January 31, 1987. Roll Call: Ayes: Unanimously Noes: None Motion carried. Vierling/Leroux moved to set a public hearing for October 7, 1986 at 8:00 p.m. to consider the suspension of any beer license which is not in compliance with the requirements of the City Code, Section 5.09 Subd. 3. Roll Call: Ayes: Unanimous Noes: None Motion carried. Leroux/Wampach moved to approve the bills in the amount of $137,840.46. Roll Call: Ayes: Unanimously Noes: None Motion carried. /Discussion ensued as to whether or not to decrease the size of the council. Cncl. Leroux stated that there are five precincts within the City of Shakopee and there is a need to have a six member council to cover all the extra meetings which are in addition to Council meetings. Ler oux/Wampach moved to direct staff to prepare a resolution de- claringg a vacancy on the City Council. Motion carried unanimously. Leroux/Wampach moved for a 5 minute recess. Motion carried.unanimously. Leroux/Wampach moved to reconvene. Motion carried unanimously. page -o- Vierling/"eroux moved to accept the report from Boarman and Associates. Roll Call-. Ayes: Unanimous Noes: gone Motion carried Leroux/Lebens moved for a 5 minute recess. Motion carried unanimously. Leroux/Lebens moved to reconvene at 11:00 p.m. Motion carried unanimously. At the request of Mayor Reinke and concurrence of councilmembers all parties interested in filling the unexpired. term on the City Co.nncil / were invited to attend tonights meeting. This would enable them to I present their qualifications for serving on the Council and also give the ?resent councilmembers an opportunity to meet them. ,111 candidates were present except for Mr. Lon Carnahan who said he was unable to attend tonights meeting but would be present on November 25, meeting to answer any questions the council may have. The candidates were: Ray Siebenaler, Diane Henning, Al Bruer, Delores Morke, Cliff Stafford, and Steve Clay, and Lon Ca-^nahan. The questions from the council were: 1. How do you look upon the coming growth of Shakopee, where and how would you like to see it developed? 2. 'dould they all be prepared to give the commitments and the time that is involved to being on the Council? j. Row would you handle a situation if your worst enemy was out in the audience - would you be able to show concern and be open minded? 4. How would you feel if everywhere you went people would stop and ask questions or complain about things they are unhappy with about the Council decisions? 5. How would you feel being criticized from people that may disagree with your decision? Mayor Reinke thanked all for coming this evening and giving us an opportunity to hear from each of them. Leroux/Lebens nominated bon Carnahan for City Council. Motion carried unanimously. Lebens/`.:ampach nominated Ray Siebenaler for City Council. Motion carried unanimously. Vierlingtdampach nominated Steve Clay for City Council. Motion ca^' -ed unanimously. / /'dampach/Vierling nominated Al Bruer for City ^,ouncil. notion carried nhanimously. leroux/Vierling nominated Clifford Stafford for City Council. Motion carried unanimously. :,ebsns/1'ieriing nominated Delores Morke for City Council. }lotion carried unanimously. Leroux/:,ebens nominated Diane Henning for City Council. Potion carried unanimously. 1I _here will be a special call for voting on november 25, 1986, at 7:30 p.m. i.eroux/idampach moved that when Council adjourns, they adjourn to November 25 1986, at 7:30 p.m. for the purposes of electing a new City Council member. fiction carried unanimously. Leroux/Vieriing moved to terminate the probationary period of Sohn DeLacey. Roll Call: Ayes: Unanimous Noes: None Motion carried Vierling/Lebens mcved to approve the bills in the amount of $934,109.87. Roll Call: :lyes: Unanimous Noes: None Motion carried. Leranx/vierling moved to authorize Officer Russell Lawrence to carry over into 19879 242 hours of vacation time. Roll Call: Ayes: Unanimous Noes: one Motion carried Leroux/Vierling moved to authorize staff to advertise for bids to enter into a contract for towing, impounding and storage of vehicles for the years 1987 and 1988. Roll Call: Ayes: Unanimous Noes: None Motion carried. Leroux/Vierling moved to submit the name of Dr. lhoman E. Luth to Scott County as a candidate to assist the County Health Officer in meeting the County's public health needs. Roll Call: Ayes: Unanimous Noes: None Motion carried Leroux/"ierling moved to authorize the closing of City Hall at noon on December 24, 1986 with the stipulation that employees use their vacation time, Comp time or other time. Roll Call: Ayes: Unanimous Noes: None Motion carried. Leroux/Vierling moved to authorize staff to terminate present contract with Process T)ynamics and contract with Lifestyles of Minnesota. (Employee Assistants Program..) Motion carried unanimously. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. SPECIAL SESSION SHAKOPEE, MINNESOTA NOVEMBER 25, 1986 Mayor Reinke called the meeting to order at 7:30 P.M. with Cncl. Leroux, Lebens, Vierling, and Wampach present. Also present were John K. Anderson, City Administrator, Gregg Voxland, Finance Director, and Judith S. Cox, City Clerk. / Mavor Reinke thanked all individuals who submitted their names expressing a desire to be appointed to fill the vacancy on the City Council. Counci_ proceeded with voting to fill the Council vacancy. \ Results of 1st ballot: Steve Clay - Cool. Leroux and Vierling Diane Henning - Mayor Reinke Ray Siebenaler - Cncl. Lebens and Wampach Results of 2nd ballot: Steve Clay - CnCl. Leroux, Vierling and Mayor Reinke Ray Siebenaler - Cncl. Lebens and Wampach It was declared that Mr. Clay had received a majority vote from \ the Council. Vierling/Leroux offered Resolution No. 2653, A Resolution Filling A Vacancy on the Shakopee City Council, and moved its adoption. The City Administrator read the resolution. Roll Call: Ayes; Cncl. Leroux, Vierling and mayor oReinkcarried. Noes; Cool. Lebens and Wampach Wampach/Lebens moved to nominate Melanie Kahleck to serve as a member of the Downtown Ad Hoc Committee. Motion carried unanimously. Leroux/Wampach moved to suspend the rules and appoint Melanie Kahleck to the Downtown Ad Hoc Committee, this evening. Motion. carried unanimously. The City Administrator introduced discussion on the state mandated comparable worth. The Finance Director explained the rational behind the comparable worth program that staff is putting together and touched on some of the highlights. The City signed up with the Control Data Study almost two years ago. Approximately 150 cities were involved in doing the evaluation of assigning points to the value of a job to the City. The point values from the study are called the job value. The ...... ..ua. ..,. ayesr .._ ..v,,.. .-..-- mj :.or.. �1lAt�d! oer4lLd.'. Hullander/Leroux moved to take the Countymoapttal parkins lot agrMrata ofr the N table. Motion carried unanimously. Lebens/Colligan moved to approve the Scott County and St. Francis Hospital pazkirg lot agreements with the City as to form, and authorize the piper City officialm to execute them pending County and Hospital acceptance. Discussion followucl Leroux/Colligan moved to amend the parking lot agreements with Scott County and St. Francis Hospital as follows: In the County agreement, to insert in subsection Q 3.03 and in the Hospital insert in subsection 3.05 the statement "In the eve:.. \ of a lack of coordination between the County and the Hospital, the City shall be- come th- coordinating entity." Roll Call on amendment: Ayes; Lebens, Reinke, Leroux, Colligan Noes; Hullander Motion to amend carried. Main motion as amended carried unanimously. The City Attorney asked for a consensus regarding whether Council wanted to regis- ter the parcel of land it just bought from the Milwaukee railroad, or if it wants to wait to see if the railroad accepts the City's offer for the additional land and register both parcels at the same time, thereby saving about $250. The con- sensus was to wait to see what happens on the other parcel. Discussion was held on the Five Year Capital Improvement Program, with consensus being taken on several items for a charge in priorities, including: #7 - Eaglewood road reconstruction: take out of plan; #14 - CR83: Petition the County for a change in their priority, to let them know this is a top priority item for City. Also, that any additional tax incre- ment funds be used to upgrade CR83 to CR16; #5 - Request County make a study of 4th Ave., Fillmore to Fuller, along with both County road projects; #22 - Request State to review T.H.300 & mall entrance for a turn lane and make this a higher priority item in light of the possibility of the moving of the Reformatory; #37 - Pavement Evaluation; Take $20,000 out of sealcoating budget for q of this study. Discussion was held regarding a consensus for appointment of a new Councilperson to fill Cnel. Hollander's seat in January. Cncl. Reinke asked if he could get a consensus of the Council that will be seated then so that person can be asked about It earlier and given a chance to be informed on what the Council is working on now. Discussion follcaed. Cncl. Hollander asked to be excused at this time. Leroux/Colligan moved that the City advertise for applicants to fill Cncl. Hullander's seat which will be vacated January 1, 1982, and that applications will be taken until December 31, 1981. Motion carried unanimously. Colligan/Leroux moved to adjourn to Tuesday, November 17, 1981 at 7:30 P.M. Motion carried unanimously. Meeting adjourned at 11:22 P.M. Judith S. Cox City Clerk Diane S. Rauch The City Attorney adeunisnlgo. tered the oatn o£ urce '.o wuucl­- -----•_-��.•�, Councilperson Dolores Lebens and Mayor Reinke. Ou :.going Mayor Rarbedx Save acshort speech regarding the seriousness of this Oath of Office and the responsibilities of the Council to the City, and stated it was his pleasure to serve for the last six years as Mayor of this City. He then passed the gavel to Mayor Reinke and wished he and the Council the best in their work. Leroux/Colligan offered Resolution No. 1957, A Resolution of Appreciation to Walter C. Harbeck, and moved its adoption. Mayor Reinke read the resolution and presented a framed copy to Walter Harbeck. Motion carried unanimously. Lebens/Colligan offered Resolution No. 1958, A Resolution of Appreciation to Richa= Hullander, and moved its adoption. Mayor Reinke read the resolution and presents= a framed copy to Mr. Hullander. Motion carried unanimously. A new roll call was taken of the new City Council and Mayor, consisting of Cnc'_. Vierling, Lebens, Leroux, Colligan and Mayor Reinke. Lebens/l.eroux moved to waive the waiting period for voting to fill the Council vacancy. Cncl. Colligan pointed out that the Council does have a procedure it has elected to follow, and this waiting period between nominations and election should be considered. Discussion followed regarding the advisability of waiving the waiting period for the election of a Councilperson. Leroux/Colligan moved to amend the motion to state that this motion applied ElY to the two nominees whose applications were received prior to December 31, 9 Motion carried unanimously. Main motion as amended carried unanimously. Lebens/Colligan moved to submit the names Of Mrs. Rriese and Mr. Wampach for nomi- nation for the City Council vacancy. Leroux/Lebens moved to close nominations. Motion carried unanimously. Colligan/Leroux moved to proceed with the election by signed pap'-'-' ballots, and after the ballots are counted to have a unanimous vote cast for whomever received the m2 jordty of votes. Motion carried with Cnel. Lebens opposed. Mayor Reinke appointed the City Clerk as election teller, and she passed out an unar. yor. jerry imousovotetedThe Mayor a�nouncedhem thatrth the the ynewhCouncilpersonWwouldhbeeJerry dWan.,o.,oath. Colligan/Leroux moved to have the proceedings show that a unanimous ballot be cast a for the City Council vacancy for the completion of the 2 year term of Richard Hullander to Jerry Wampach.. Motion carried unanimously. _ne City Attorney administered the Oath of Office to Jerry Wampach. Leroux/Colligan moved for a 5 minute recess of the City Council so that the HRA ial business for the evening. Motion carried unanimously. can complete its of_'ic Leroux/Colligan moved to re -convene the City Council meeting at 8:15 F.M•- Motion carried unani=ously. Lebens/Coll_gan move to approve the minutes of December 15. 1981 ar.3 December 22, 1981 as kept. Motion carried unanimously. I ^ _. l OJQvy/ � oo se n -i— //cam MEMO TO: John E. Anderson, City Administrator FROM: Ray Ruuska, Engineering Coordinator C -t -- SUBJECT: 1987 Pavement Preservation - Sealcoat DATE: December 8, 1987 Attached is Resolution No. 2845 Accepting Work and the Certificate of Completion for the above referenced project. BACKGROUND: The Semi -Final Estimate processed in November released the retainage held on this project. As a house -keeping matter, this project should now be certified complete. ACTION REQUESTED: Offer Resolution No. 2845 Accepting work on the Pavement Preservation - Sealcoat Project No. 1987-10 by Allied Blacktop Company, 10503 89th Avenue No., Maple Grove, MN 55369 and move its adoption. RR/pmp MEM2845 CERTIFICATE OF COMPLETION CONTRACT NO,: 1987-10 DATE: December 8, 1987 PROJECT DESCRIPTION: 1987 Pavement Preservation - Sealcoat Project CONTRACTOR: Allied Blacktop company 10503 89th Avenue N. Maple Grove, MN 55369 ORIGINAL CONTRACT AMOUNT , . , , , , , , , , $ 49,308.18 QUANTITY CHANGE AMOUNT , , , , , , , , , , , , , $ 0_ CHANGE ORDER NO, — THRU NO, — AMOUNT , , . $ -0- FINAL CONTRACT AMOUNT , , , , , , , , , , , , , ,$ 53,553.35 LESS PREVIOUS PAYMENTS , , , , , , , , , , , , , $ 53.553.35 FINAL PAYMENT , , , , , , , , , , , , , , , , , ,$ I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of MY belief and knowledge. I find that the some has been fully completed in all respects according to the contract, together with any modifications approved by City Council. I, therefore, recommend above specified final payment be made to the above named Contractor. Professional Engineer RESOLUTION NO. 2845 A Resolution Accepting Work On The Pavement Preservation - Sealcoat Project No. 1987-30 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 20, 1987, Allied Blacktop Company, 10503 89th Avenue No., Maple Grove, MN 55369 has satisfactorily completed the sealcoat project, in accordance with such contract. N.:W, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAEOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. Adopted in session of the City Council of the City of Shaknoee, Minnesota, held this day of , 19 _. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of 19 City Attorney .7ohu X. ' c^_.=_st; atcr _..^?: ra,, R=cska, L'noinaeri.ng Cocrdinator \•=-\"`--- 1 ...- ... __.Trails' R�^-:.i1ii_a ien "Project Ido. 1926-5 is `_hn Scmi-Final esti�UL� -crocessed iin--oaayi:.er �Cleaaed retainage held on this p_oject.- As a hou:,a-reepiag Matter, this project should now be certified complete. - - ACTION REQIIF•-TM: - - Cofer Resolution Pio. 2846 Accepting work on Timber Trails Street - R.habihtation, Project Ido. 1956-5 by Central Landscaping, Inc., 1555 Lake Drive, Forest Lake, NN 55025 and move its adoption. RR/pmp MEM2846 A 19:5-5.J _cert: 3, 1917 .._.....: ... ... :. :_astral _:_;•.•: a... ^g. Irc. 13.i5S Lni<e Das je cat La .. v! 55025. ORIGTNA1 CDNTRACT MOUNT . . . . . . . . . . . $ i85, 93's. GO QUANTITY -CHANGE AFTUNI ... . . . . . . . . . . . v-14,753.93 CHANGE ORDER NO. _i THRU NO. AMOUNT . . . $ FINAL CONTRACT AMOUNT . . . . . . . . . . . . . . $ 178, 144.02 LESS PREVIOUS PAYMENTS . . . . . . . . . . . . . $ 17R tyy py_ FINAL PAYMENT . . . . . . . . . . . . . . . . . . $ -°- I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council. I, therefore, recommend above specified final payment be made to the above named Contractor. & s- Xngineer MEMO TO: John K. Anderson, City Administrator f ; y FROM: John DeLacey, Engineering Technician III , SUBJECT: Fourth Avenue Reconstruction Project No. 1986-3, S.A.P. 70-616-13 DATE: December 11, 1987 INTRODUCTION A BACKGROUND: Attached is Resolution NO. 2850 Accepting Work and the Certificate of Completion for the above referenced project. There remains n $1,000.00 retainage that will be paid to the Contractor. ACTION REQUESTED: Offer Resolution No. 2850 Accepting Work on Fourth Avenue Reconstruction, Project No. 1986-3, S.A.P. 70-616-13 and remit final payment in the amount of $1,000.00 to S.M. Hentges and Sons, Inc., P.O. Box 212, Shakopee, MN 55379 and move its adoption. JHD/pmp MEM2850 CERTIFICATE OF COMPLETION CONTRACT NO.: 1986-3 DATE: December 11, 1987 PROJECT DESCRIPTION: Fourth Avenue Reconstruction CONTRACTOR: S.M. Hentges 6 Sons, Inc. P.O. Box 212 Shakopee, MN 55379 ORIGINAL CONTRACT AMOUNT . . . . . , , . , . . , $ 464,820.90 QUANTITY CHANGE AMOUNT . . . . . . . . . . . . . $ 42,949.59 CHANGE ORDER NO. 3 THRU NO. 3 AMOUNT . . . $ 22.251.27 FINAL CONTRACT AMOUNT . . . . . . . . . . . . . .$ 530,021.76 LESS PREVIOUS PAYMENTS . . . . . . . . . . . . . $ 529,021.76 FINAL PAYMENT . . . . . . . . . . . . . . . . . . $ 1, 000. oo I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the some has been fully completed in all respects according to the contract, together with any modifications approved by City Council, I, therefore, recommend above specified final payment be made to the above named Contractor, Professional Engineer Ili RESOLUTION 10. 2850 A Resolution Accepting Work On The Fourth Avenue Reconstruction S.A.P. 70-616-13 Project No. 1986-3 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 31, 1986, S.M. Hentges & Sons, Inc., P.O. Box 212, Shakopee, MN 55379 has satisfactorily completed the Street Improvements, in accordance with such contract. NOV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed �- issue a proper order for the final payment on such contract in the amount of $ 1,000.00, taking the contractor's receipt in full. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 ity Attorney Jans`,,r act ion of Yierling Drive from C.R. 1'/ to the Fast `approximately -1200' to state aid standards with storm sewer ?.. Orr-Schelen--Mayeron, Inc. is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 • Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney cr i LS ... That the icor rove -: ent es ordc; cd as .erel."af''�..., rzecribed: Jans`,,r act ion of Yierling Drive from C.R. 1'/ to the Fast `approximately -1200' to state aid standards with storm sewer ?.. Orr-Schelen--Mayeron, Inc. is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 • Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney iSU TJ: .iota r ._. .. ca, City C.R. n 1. Adopt Resoj�tion ]Jr.. 2851. 2. Do not adopt asolution No_ 2851 and reschedule this project in the CIP. RECOIKENDA'TION: I recommend that Council adopt Resolution NO. 2851 and to direct staff to negotiate an extension with OSM for the design of the project. Cost of design should be consistent with the compensation curve established by the American Society of Civil Engineers for project of average complexity. REQUESTED ACTION: 1. Offer Resolution No. 2851, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Vierling Drive (13th Avenue) from C.R. 17 to the East Approximately 3200 Feet, Project No. 1988-1 and move its adoption. 2. Move to authorize the appropriate City Officials to enter into an extension agreement with Orr-Schelen-Mayeron for the final design of the 1988-1 Improvement Project of Vierling Drive. KA/pmp MEM2851 M TO: @fa'jor and C-=cil FP.CA: jciin K. City -Idm �istrstor ., icor -ay ?la.. i_: For_-`__�n ._ _•7 cya _.. ,n Ra solution No. 2852 thc 19;33 2ay 71ar. For off ic.-.rs Lakz_oI_d 'Cie pay plan for 1933 has an adjustment of 3.58 for 1933 and adjustrits due to Stanton market data are incorporated. The City Attorney has 3.53 added to the 1987 amount. Wages for the Fire Denartvent are unchanged. 'Zhe ton oI- _ the range for te�sporary employees as increased 3.58. The City contribution to health and life insurance (and dental if provided) is increased by $10 per month. Alternatives 1. Approve pay plan as presented 2. Modify percentage increase for 1988 3. Make other modifications Recommendation Alternative 1. Action Requested Offer Resolution No. 2852, A Resolution Adopting the 1988 Pay Schedule for the Officers and Non -Union Employees of the City of Shakopee, Minnesota, and move its adoption. i933 PA4 SGkuDllL? /` Positi.cs Elected OMaials Salary Authorized -----------"------ ---------------- MayerX,200 /yr ]. „,,_zci ipan:-nr 3,$00 /gr Cit`; :H,,, I Ssa attached 1=83 Pav Plan City shall pay 1/10th of the amount shc� on tine pay plan as its snare for the Co=.Lity_ Services Director. Fine Chief - 2,000 /yr 1 _ Assistant Fire Chief (Ist) _ 1,000 /yr 1 Assistant Fire Chief (2nd) 900 ,yr 1 Fire De-:artment Engineer 1,650 /yr 1 1st Asst Fire Dept. Engineer 1,350 /yr 1 2nd Asst Fire Dept. Engineer 700 /yr 1 Fire Training Officer 1,350 /yr 1 Fire Captain 500 /y:- 2 Firemen 7.50 /hr 35 Misc. Temporary Employees from 3.35 /hr N/A to 10.64 /t:: - City Attorney - Retainer 28,028 /yr 1 1j-a�' i— d 1, _Yu Sty ":D, -�v:= �.il . 1�,a id i „,ser :.s mall 1 1c, u ecL to n, ptiev L' con iy L_ons of I a is - .rosy per r.�Me of all ', espectiac ft Lies zne respon4 as .'i 7. -d in S aj_e;a, City Code and Res olutiors as ;dop re d, or wended ra �npplemented from tine to tine by the Council. BP, IT FURT'?ER RESOLVED, that the City c,nn-rib.,i.n for health, life, long -t;. -.n disability and dental insurance and/or an individualized health ca;:e accoun� as may be provided by Council, shall be no more than $235 per month per employee, effective January 1, 1988. All employees shall receive this $10 per month increase ever the benefit provided in 1987. BE IT FURTHER RESOLVED, that all Resolutions in conflict with this Resolution are hereby repealed and terminated, effective January 1, 1988. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST City Clerk Approved as to form this day of , 19 City Attorney CITY OF SH+ K(i'i3E ] 0-D,,87 St-, __..... Pte-_. __Sten St , ---- „tep ----- --- :ep - 1- 2.1 "._ r3 -2Y_ ='i-3 _; JCB IITL -_ ------ ___"31,1 S ,.. DIS!i0 City Cl :.. 2/ /-0 `.7 27, '4 L9, Pty ;1,237 '3!; ..----__---- ----- .-----------------"--___---- Step Step StcP Step r1-Sra_rt u2 -]Yr 43-27r =4 (Top) 80; 908 100€ Eng. Coordinator ______________________________________________________ 24,074 25,679 28,889 32,099 hep Chief 30,467 32,493 36,560 40,623 Asst Bldg Inspect 23, i.9 24,767 27,863 30,959 Planna.: II 25,}04 27,205 30,605 34,006 Tech III/MIS Cord. 23,130 24,672 27,756 30,840 Admin. Asst. 22,692 24,205 27,231 30,256 Planner I 21,830 23,286 26,196 29,107 Sr.Act-Clk/Prsnl.Cord. 21,579 23,017 25,895 28,772 Program Superoi.sor 22,979 24,511 27,575 30,639 Tech III 20,964 22,362 25,157 27,952 Tech II 18,242 19,458 21,890 24,322 Secretary 15,816 16,870 18,979 21,087 Acct'g Clerk 15,067 16,072 18,081 20,090 Clerk/Typist II 14,910 15,904 17,892 19,880 Clerk/Typist I 13,363 14,254 16,036 17,817 Receptionist 12,783 13,636 15,340 17,044 Custodian 12,992 13,858 15,591 17,323 • K"MO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolution of Appreciation to Doc Muralt DATE: December 10. 1937 Introduction & Sackcround On :-ovc7l-.cr 17, 1.987 Ccunc.il directed sta ` io draft a resoluticn acknowleaqing lice L,;ralt's ye -ars of se,vic� t[O the community. The Ci..y Atiomney has prepayed the attacir.d resolution. 7 tion F,e.*ucsted Offcr Resolution No. 2842, Resoluticii c` Aporeciatiun to Lar. W. Adair Muralt, and r: -ave its adoption. 11-f RESOLUTION ti 2o!' A resolution of Apyreciat.ion Iu 1950 Dr. Adair ".. _l_t seoved to Sbakopee and is,oediatal.y bccave active i fecal a_ rs. j,.-ri-ri w.s ,e-rc inl C.].vS. $ervi-ng +s s�cxet2-- -.:a _952 to :. 15he -a as n :.. c'sident in 1.554 nd ser ,1 ier JI r .-. r Kura cra _�:ve s r<ata:y of the rcces_ cto t.... c : - e• .e;rcial C1uh; u:d the bcr. t f� il:::.i of the F rert i'.. -or U.n, Cc:�aitYre and is stillcobly serving 'I' t':at capacity; and WDEREAS, HPhss gracfons and generously given of birself and his many talents to carious civic organizations and to the First Presbyterian Church of which he is a member and to ;.he Shakopee PTA as well as the Rotary Club, tha Masonic Order and c_ounless -worthwhile projects, and was and still is always ready to entertain with his gift of song; and Although busy as he was outside of his profession,be-gained stature and recognition in his chosen field and served as President of the Minnesota State Chiropractic Association in 1957 and; and WHEREAS, whatever Dr. Muralt did, he put his: whole heart and soul into it and throughout the years since 1950 contributed immeasurably to the quality of life in Shakopeeand did much to make Shakopee a superb place in which to live and work. TEIEREHORE,.'BE IT WOLyED That, in recognition and appreciation for the many years of public service, the Shakopee City Council does hereby publicly and formally recognize its distinguished fellow townsman, Dr, W. Adair Muralt; and salutes the doctor and his wife Clara, who has been his constant helper and Yp S nspiraci en. Passed in _--- __--_ „„cn of the Sh.-.'.;opee City Council :held chfs day of "-"crt'd Hnd _p>,, rcd .S if! ,n thf� 30th day of >;wentier, 1997 \' 9` YQ !A _ City Attorney � MEMO TO: John K. Anderson, City Administrator '1� FROM: Judith S. Cox, City Clerk RE: Resolution of Appreciation to Pete Sames DATE: December -7, 1337 - Introduction and -Background On necezber 1, 1987 Council accent;: -d the resignation of Pete Saures i.rcm the Ad lioc Downtcwn Ccmdnit,_ee and dir;�cted sta`f to nrcoare a resolution of appreciation. '-..tamed is resolution No. 2844, A l:esoluti�n of Appreciation to Pete Samos. Action Requested C'fer Resolution No. %R44, A Resolution of Appreciation to tete 5ames, and c.�ooe its ioption. JSC/jms RESOT,U=OR NO, 23;? R,�SOIU'C'I:' 7 0. APPRECIATIO'i TO P: -T= SAT -2S ;li-LI%�eiS, Pete 3ar,!es EeIved on the Ad PDc Powntown Ccm*:iit-ee, a sun-co7irlottee of the Tndustr it- C1,=ii1 sic} y-rn9 €•1=rch �, 11)6 u - L ; �, bd:', and iluc Downt n Crwas �tah7_z.'1ea Ln vi--.'i-tv of. p -an _run, and .. ] ','et. -:.:r: s hes "IsVI :_ .°sited ;n=_ny hc; r , un l".i_� c ,ha}:o� dr .rinl two a;:d n -her Ad ho -.-,'A cm Cee:.rc tec. ;�-.re2E OP.E, RE %T RESOSV"[D ny L3-2 Sh.iroioe C-ty Cc sc.i.l ra 'n^i:_a l.f c the reg-;.r:-.n?S of Shakopee a=id on bcliali= of t};e Ad + c lnwrtosn Camr.I T-, :a, r:<! the City staff, 4_hat the Shakopee City Cenncil does hereby extend to Pete Samps the deep appreciation of t'.,e City for his years of civic interest and dedicated servic" to the coa ;unity. Ac',c:pted in adjourned regular session of the Ci_y 6;uncil of t.. -.he City of Sha:+_opee, Minnesota, held this 15th day of December, Mayor of the Cityy'Of Shakopee ATTEST: City Clerk - Approved as to form this day of , 1987. City Attorney n h MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Boards & Commissions Guidelines for Appointments and Operation DATE: December 11, 1987 Introduction• The attached resolution adopts guidelines for appointments to boards and commissions and operations of advisory boards and commissions. Back r^und: The attached guidelines contain minor changes from the draft reviewed by Council on December 1st and if adopted will set forth the appointment process and some operational requirements for City boards and commissions. The minor changes are indicated by dashing out deletions and underlining additions. For the most part content remains the same, but the order has been changed so that all operational requirements are grouped together and all appointment requirements are grouped together. I would like to point out one thing which i failed to address on December 1st. One department head did recommend that the paragraph limiting the number of terms to three become effective immediately rather than as drafted which provides that an incumbent is considered to be serving his/her first term and is eligible for two additional terms. If the limiting of terms were to become effective immediately, Mr. Mears who currently serves on the Police Civil Service Commission is the only incumbent who would be affected at this time. I have already started advertising for the expiring terms. After adoption of the resolution, I will send a copy of the guidelines to all incumbents advising them of the new procedure. Interviews of candidates by a committee of three Councilmembers and the City Administrator will take place on monday, January 4, 1988. it is desireable for the three Councilmemebers to be designated at this time. Mr. Zak will not have taken office at this time so is not eligible to be a part of the Committee. Mr. Reinke and Mr. Leroux will continue to serve until their successors are qualified (take office on January 5th). Alternatives• 1) Adopt guidelines, as drafted 2) Amend guidelines, as drafted 3) Do not adopt guidelines Recommended Action: 1) Make any desired amendments 2) Adopt resolution No. 2847 3) Designate members to the committee to interview applicants Resolution No. 2847 A Resolution Establishing Guidelines for Appointments to and Operations of Boards and commissions WHEREAS, it is the Council's desire to adopt guidelines for appointments to and guidelines for the operation of boards and commissions of the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, that the "City of Shakopee, Boards and Commissions, Guidelines for Appointments and Operations' - attached hereto and made a part hereof are hereby adopted. Adopted in adj. regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of December, 1987. ATTEST: Mayor of the City of Shakopee City Clerk Prepared and approved as toform this 15th day of December, 1987 City Attorney CITY OF SHAKOPEE BOARDS AND CO[MIISSIONS GUIDELINES FOR APPOINTMENTS AND OPERATION GUZDELZNES-FOR-BOARDS-AND-COMNZSSZONS AYPoINTMENTs-BY-THE-eiTy-eBUNCi'b Purpose And Need For A Policy. It is the Council's desire to assure equal and open access to the selection process for all City Council appointed boards and commissions. The Council, therefore, sets up the following recruitment and selection process for members to all Council boards and commissions. Policy The boerds and commissions, rrr n ;r;as commission and Shakope the responsibility of researching, reviewing and making recommendations on related issues. It is the policy of the City of Shakopee to obtain the best possible appointments for boards and commissions through a standardized recruitment and selection process. Section A. Appointments: I. Qualifications And Procedures A. All persons making application to the City Council for a position on a eitisee+s-advisory board or commission shall be residents of the city of Shakopee, except where the enabling resolution states otherwise. B. Persons interested in being considered for appointment or reappointment to a City board or commission shall complete an "Application for Council Advisory Board and/or Commissions" form furnished by the City. C. No person shall serve as a regular voting member on more than two one boards or commissions: D. When an individual's regular employment may potentially cause a conflict of interest with the normal items of business of a City board or commission, he or she shall divulge such possible conflict in writing prior to the consideration for appointment. Prior to making an appointment, the City Council shall determine whether or not such potential conflict of interest would preclude the appointment of the applicant. E. Anyone already holding an elective county, state, or federal office shall not be eligible to serve in a regular voting position on any of the boards or commissions. F. No permanent full-time or part-time City of Shakopee employee shall hold a regular voting position on any board or commission except employees may serve as ex - officio (non-voting) members. G. A diversity of professions and occupations should be represented on all boards and commissions and, as a general guideline, at no one time should one-third of any one board or commission be comprised of individuals of like professions or occupations. H. As a general guideline, the members of each board or commission should be comprised of members representing a wide range of civic groups and interests. II. Recruitment and Selection Ninety days prior to the expiration of commission terms each year, the Council shall be advised of the pending vacancies and the attendance record of the individuals whose terms are expiring, should those individuals be eligible for reappointment. At that time the Council shall consider the reappointment of those individuals. Should the Council determine that the individuals merit reappointment, they will be contacted to determine if they wish to seek reappointment. Council will also announce the vacancies on the City commissions at least sixty days prior to the expiration of commission terms each year and applications will be accepted from all interested citizens of Shakopee. Sixty days prior to the expiration of commission terms each year, a notice of the expiring terms shall be placed in the official newspaper, posted on the bulletin board at the First National Bank of Shakopee, Citizens State Bank, Post Office and Library (if a bulletin board exists) and sent to the Chamber of Commerce, Shakopee Jaycees, Lions, and any other local organizations the Council so desires. Thirty days prior to the expiration of commission terms a committee comprised of three Councilmembers and the City Administrator will meet to review all applications and interview applicants, including incumbent members whose terms are expiring and who wish to seek reappointment. The qualifications of the members of the commissions shall be those that in the judgment of the committee are representatives of the Community and are qualified by training, experience and interest for the fulfillment of the commission's responsibility. The committee shall recommend all qualified candidates per position to the Council for consideration. //4 III. Nominations and Appointments Nominations and appointments shall be made annually by the Council in January, pursuant to Resolution No. 2206, A Resolution Setting Forth City Council Procedural Policy On Appointments to City Boards and Commissions. (Pursuant to Section B: Operations: X recreation are quasi independent not advisory and do make their own policy which they deem in the best interest of the community. £nahsl-1419- a d-4tata-1aw i{leOFt63$iEFL-tiiL-h-%h@-EOF)t6f�t£--hO[bii4 Eh�13-pr6V�13. i. Attendance A. Should a board/commission member be unable to attend a meeting, it shall be his/her responsibility to contact city staff 24 hours in advance of the scheduled meeting date. Failure to do so shall count as an unexcused absence. B. Attendance at the meetings of these advisory bodies is critical to their effectiveness; therefore, one unexcused absence, three consecutive excused absences, or absence at more than 258 of the meetings in a six- month period will cause the board/commission chairperson to review the nature of the absences with the member and, pending the outcome of that review, it may be necessary for the chairperson to forward a recommendation to the board/commission as a whole for discussion and recommendation to the City Council that the member of the board/commission be removed for poor attendance. C. Individual boards/commissions may grant extended leaves not to exceed 6 months in length at the request of a board/committee member; provided, however, that the board/commission is comprised of six or more members. During the extended leave the vacated seat shall not apply to the quorum requirements of the board or commission. II. Terms of Office All members shall be appointed for the term stated in the City Code or in the enabling resolution establishing the board or commission; however, said term may be terminated early by the Council. Each member may serve a maximum of three (3) consecutive terms. For purposes of this policy, an incumbent at the time of writing of this policy shall be considered to be serving his/her first term and shall be eligible for two additional terms. Any person appointed to fill the remainder of a term shall be eligible for three terms, beginning on his/her next appointment date. III. Compensation There is no statutory provision for compensation to volunteers serving on municipal boards and commissions. The City will however, pay for training workshops, mileage, meals and lodging for members attending budgeted board/commission functions. IV. Orientation Program It is in the best interest of the City to provide basic information to all board/commission members about the City, the purpose and responsibility of the board/commission, and additional information to help the member to perform intelligently in his/her position. The City will, therefore, conduct an annual Orientation Program for all board/commission members appointed since the last orientation program. Members appointed to a board/commission in the middle of the year (because of a resignation) shall meet with the department head staffing the board/commission prior to assuming his/her position. This member will also be expected to attend the next annual Orientation Program. Members not attending an annual orientation meeting during their lst two years of service may be removed by council. V. Annual Board/Commission Organizational Meeting In February the members of a board/commission shall elect a Chairperson from among its appointed members for a term of one year and they may create and fill such other offices as they may determine. No member shall serve as chairperson until after he/she has served one full year on the board/commission unless there is no member with one years experience. Roberts Rules of Order (Newly Revised) shall govern all meetings as to procedural matters not set forth in the Statutes or City Code; with one exception, when an extended leave is granted by a Board/Commission, the vacated seat shall not apply to the quorum requirements of the board/commission. A record shall be kept of all transactions and findings which record shall be a public record. APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS ar�w City of Shakopee 129 East First Avenue @q Shakopee, Minnesota 55379 3 We welcome you as a possible applicant for one of our City Eoards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Comr..issions meet during the evening and typically have from one to two meetings per month, as fellows: Planning commission/Board of Adjustments and Appeals Community Development Commission Energy c Transportation. Committee Ad HOC Downtown Committee Cable Communication Commissions Housing Advisory and Appeals Board bei"_ding Code Board of Adjustment 6 Appeals Shai:opee Public Utilities Commission Shakopee Community Recreation Pclice Civil Service Co=,_' ssicn Name: e.^.ene: (H) tB 1st Thursday after 1st Tuesday at 7:30 p.m. 2nd Wednesday at 5:00 p.m. 3rd Thursday at 7:00 p.m. As Needed Wednesday at 7:30a.m. Rs Needed Monday at 7:30 p.m. As Needed As Needed 1st Mondav at 4:30 p.m. 3rd Mon: y at 7:00 p.m. P.s t:eeded Addrers: Ho',: Lcng Have you Been A Resident of Shakopee? Occupation.: ..n=_s Yoe_ We -.:k Reencre You To Travel? (check cne) ;, .._a_ ._a_ >eriodically t'=__y Little _ Not At All Do Have Anv_ S-ecial Interests or wining Wi -h You Feel :. -_a'or Ccm-r_s=_ic_: Cou=d Use? (::se . _ _a_e sheet _ya #4 Board or Commission In Which You Are Interested? Please State Briefly Why You Are Interested In Serving On this Board/Commission For Which You Are Submitting An Application: Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be construed as a conflict of interest? Yes No If yes, please provide details on a separate sheet of paper. In accordance with this definition, do you own any real property located in Scott County in which you have a legal or equitable interest which, could be construed as a conflict of interest? Yes No If yes, please provide details on a separate sheet of paper. Please List Thrce References (Name, Address and Phone): 1. 2. 3. I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. Signature Date PATE RECEIVED: RETURN APPLICATION AND Pi.=J7= TC: C_tv Clerk Cit, c-- _nakopee 129 last -crst Avenue S akopee., t2 55379 5;5-3550 CITY OF SHAKOPEE BOARD AND COMMISSIONS VOLUNTEER PARTICIPATION PLEDGE 1) I agree to attend an annual Board/Commission evening orientation held in January once during my first two years on the Board/Commission. YES NO 2) I agree to read the agenda material provided prior to the Board/Commission meetings so that I am prepared to participate in discussion. YES NO 3) I agree to read and use the attached "Guide to Meeting Participation" to enhance my performance as an active Board/Commission member. YES NO 9) I agree to offer discussion on the pros and cons of the policy/issue being discussed and agree to refrain from personal criticism directed toward citizens, applicants, fellow Board/Commission members and staff. YES NO 5) 1 acknowledge the City's requirements regardinc attendance (Outlined in Section. III, paragraph 9) and understand that I can be removed from a Board/Commission because of poor attendance. YES NO 6) 1 agree to call C_ty Hall to notify the appropriate staff p ---son when I cannot attend a regularly scheduled meeting. YES NO 7) I acree to refrain f_om voting on issues where I have a conflict of interest. YES NO Applicant Date The final resolution on the above mentioned issue is necessary so that the City of Shakopee may sell up to $8 million in tax exempt revenue bonds for the St. Francis Regional Medical Center. On December 8, the City Council held a public hearing and gave preliminary approval to the issuance of up to $8 million in tax exempt variable rate demand revenue bonds for the St. Francis Regional Medical Center. State law requires that before the bonds can be issued the City Council adopt a final resolution authorizing the sale of these bonds. The resolution includes a reference to several documents which relate to the bond issue including: (a) the Loan Agreement between the City and the hospital; (b) the Indenture of Trust between the City and the Norwest Bank, Duluth; (c) the Guaranty Agreement between the Benedictine Health System etal. and the Trustee; (d) the form of the Letter of Credit to be issued by Credit Suisse; (e) the Bond Purchase Agreement between the City, the hospital and the Purchasers, and (f) the Preliminary Official Statement relating to the bonds. Copies of all of the aforementioned documents and other related bond documents are on file in the office of the City Clerk. Anyone wishing to examine these documents may do so by contacting the City Clerk. Approve the final resolution. Do not approve the final resolution. RECOMMENDATION• It is recommended that the City Council approve the final resolution for the issuance of these bonds. 0 MEMO TO: John K. Anderson, City Administrator FROM: Dennis K. Kraft, Community Development Director RE: Final Resolution Authorizing the Issuance of Up to $8 Million in Tax Exempt Variable Rate Demand Revenue Bonds By the City of Shakopee for the St. Francis Regional Medical Center DATE: December 10, 1987 The final resolution on the above mentioned issue is necessary so that the City of Shakopee may sell up to $8 million in tax exempt revenue bonds for the St. Francis Regional Medical Center. On December 8, the City Council held a public hearing and gave preliminary approval to the issuance of up to $8 million in tax exempt variable rate demand revenue bonds for the St. Francis Regional Medical Center. State law requires that before the bonds can be issued the City Council adopt a final resolution authorizing the sale of these bonds. The resolution includes a reference to several documents which relate to the bond issue including: (a) the Loan Agreement between the City and the hospital; (b) the Indenture of Trust between the City and the Norwest Bank, Duluth; (c) the Guaranty Agreement between the Benedictine Health System etal. and the Trustee; (d) the form of the Letter of Credit to be issued by Credit Suisse; (e) the Bond Purchase Agreement between the City, the hospital and the Purchasers, and (f) the Preliminary Official Statement relating to the bonds. Copies of all of the aforementioned documents and other related bond documents are on file in the office of the City Clerk. Anyone wishing to examine these documents may do so by contacting the City Clerk. Approve the final resolution. Do not approve the final resolution. RECOMMENDATION• It is recommended that the City Council approve the final resolution for the issuance of these bonds. ACTION REQUESTED: Offer Resolution No. 2848 a "RESOLUTION RELATING TO HOSPITAL FACILITIES VARIABLE RATE DEMAND REVENUE BONDS (BENEDICTINE HEALTH SYSTEM -- ST. FRANCIS REGIONAL MEDICAL CENTER), SERIES 1987; AUTHORIZING THE ISSUANCE THEREOF, THE EXECUTION OF DOCUMENTS AND OTHER MATTERS RELATING THERETO. CERTIFICATION OF MINUTES RELATING TO $8,000,000 Hospital Facilities Variable Rate Demand Revenue Bonds Issuer: City of Shakopee, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held at o'clock P.M., at the City Hall. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION NO. RESOLUTION RELATING TO HOSPITAL FACILITIES VARIABLE RATE DEMAND REVENUE BONDS (BENEDICTINE HEALTH SYSTEM - ST. FRANCIS REGIONAL MEDICAL CENTER), SERIES 1987; AUTHORIZING THE ISSUANCE THEREOF, THE EXECUTION OF DOCUMENTS AND OTHER MATTERS RELATING THERETO. I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and com- plete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to the obligations; and that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording offi- cer this day of , 1987. Signatu_e Name and Title RESOLUTION RELATING TO HOSPITAL FACILITIES VARIABLE RATE DEMAND REVENUE BONDS (BENEDICTINE HEALTH SYSTEM -ST. FRANCIS REGIONAL MEDICAL CENTER), SERIES 1987; AUTHORIZING THE ISSUANCE THEREOF, THE EXECUTION OF DOCUMENTS AND OTHER MATTERS RELATING THERETO. BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota (the "City"), as follows: Section 1. Recitals. It is hereby found, determined and declared as follows: 1.01. General Authority. The City is authorized by Minnesota Statutes, Sections 469.152 through 469.165, inclusive, as amended (the "Act"), to issue its revenue bonds in order to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of any properties, real or personal, used or useful in connection with a revenue-producing enterprise engaged in providing health care services, including, without limitation, hospitals and related medical facilities, and to pay, purchase or discharge all or any part of the outstanding indebtedness of a contracting party engaged primarily in the operation of one or more nonprofit hospitals theretofore incurred in the acquisition or betterment of its existing hospital facilities. 1.02. Proposed Project. The City has received a proposal that the City issue its revenue bonds under the Act on behalf of St. Francis Regional Medical Center, a Minnesota nonprofit corporation ("St. Francis"), consisting of the acquisition of items of equipment (the "Project") and the payment and discharge of certain outstanding indebtedness heretofore incurred in the acquisition or betterment of its existing hospital facilities (the "Refinancing"). By Resolution No. 2843, adopted December 8, 1987, this Council has heretofore given preliminary approval to the proposal and the issuance of revenue bonds of the City under the Act for such purposes. 1.03. Documentation. Forms of the following documents relating to the Project and the revenue bonds have been prepared and submitted to this Council and are hereby directed to be filed in the office of the City Clerk: (a) the Loan Agreement (the "Loan Agreement"), to be dated as of December 1, 1987, proposed to be made and entered into between the City and St. Francis; (b) the Indenture of Trust (the "Bond Indenture"), to be dated as of December 1, 1987, proposed to be made and entered into between the City and Norwest Bank Duluth, National Association, a national banking association, as trustee (the "Trustee"); (c) the Guaranty Agreement (the "Guaranty"), to be dated as of December 1, 1987, proposed to be made and entered into between Benedictine Health System -2- ("BHS"), St. Mary's Medical Center, St. Jospeh's Medical Center and the Trustee; (d) the form of Letter of Credit (the "Letter of Credit") to be issued by Credit Suisse (the "Bank"); (e) the Bond Purchase Agreement (the "Bond Purchase Agreement"), between the City, St. Francis, BHS and Dain Bosworth Incorporated and Merrill Lynch, Pierce, Fenner & Smith, Incorporated (the "Purchasers"); and (f) the Preliminary Official Statement (the "Preliminary Official Statement") relating to the revenue bonds. Section 2. Findings. It is hereby found, determined and declared that: (a) the authorization of the revenue bonds, the execution and delivery of the Bond Purchase Agreement, the Loan Agreement, the Bond Indenture and any other documents authorized hereby to be executed by officers of the City and the performance of all covenants and agreements of the City contained in the Bond Purchase Agreement, the Loan Agreement, the Bond Indenture and any such other documents and all other acts and things required under the Constitution and laws of the State of Minnesota to make the Bond Purchase Agreement, the Loan Agreement, the Bond Indenture and any such other ScE documents and the revenue bonds valid and binding obligations in accordance with their terms, are authorized by the Act; (b) it is desirable that a series of bonds entitled Hospital Facilities Variable Rate Demand Revenue Bonds (Benedictine Health System -- St. Francis Regional Medical Center), Series 1987 (the "Bonds"), in an aggregate principal amount of $8,000,000 be issued by the City upon the terms set forth in the Bond Indenture, under the provisions of which all of the City's right, title and interest in the Loan Agreement, except for the right of the City for fees, administrative expenses and indemnification, will be pledged and assigned to the Trustee as security for the payment of the principal or redemption price of, premium, if any, and interest on the Bonds; (c) under the provisions of Section 469.162 of the Act and as provided in the Loan Agreement and the Bond Indenture, the Bonds are not to be payable from nor charged upon any funds of the City other than the revenues and payments pledged to the payment thereof, the City is not subject to any liability thereon and no holders of the Bonds shall ever have the right to compel any exercise of the taxing powers of the City -4- to pay any of the Bonds or the interest thereon nor to enforce payment thereof against any property of the City, except the revenues and payments under the Loan Agreement pledged to the payment thereof; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the revenues and payments under the Loan Agreement pledged to the payment thereof; each Bond issued under the Bond Indenture shall recite that the Bonds, including interest thereon, are payable solely from the revenues and payments pledged to the payment thereof; and no Bond shall constitute a debt of the City within the meaning of any constitutional or statutory limitation; provided, however, that nothing contained in this paragraph (c) shall impair the rights of the holders of the Bonds or the Trustee to enforce payments or covenants made for the security of the payment of principal or redemption price of, premium, if any, and interest on the Bonds. Section 3. Approval of Issuance of Bonds and Execution of Documents and Bonds. 3.01. Approval of Issuance of Bonds and Terms of Bonds. The issuance of the Bonds and the sale thereof to the Purchasers upon the terms set forth in the Bond Purchase Agreement are hereby approved. The Bonds shall be dated as of -5- the date of delivery thereof to the Purchasers, shall mature on October 1, 2017, and shall bear interest at the rates set forth in the Bond Indenture. 3.02. Approval and Execution of Documents. The forms of the Loan Agreement, the Bond Indenture and the Bond Purchase Agreement referred to in Section 1.03 hereof are approved subject to such modifications as are deemed appropriate and approved by special counsel to the City, which approval shall be conclusively evidenced by execution of the Bond Purchase Agreement, the Loan Agreement, the Bond Indenture and the Bonds by the Mayor and City Administrator. The Mayor and City Administrator are directed to execute the Loan Agreement, the Bond Purchase Agreement and the Bond Indenture upon execution thereof by the other parties thereto. Copies of all of the documents shall be delivered, filed and recorded as provided therein. The Mayor, City Administrator and City Clerk are also authorized and directed to execute such other instruments as may be required to give effect to the transactions herein contemplated (including, without limitation, all of the certificates, agreements and other instruments as may be required by the documents approved by this Resolution), which instruments shall be deemed to be certificates or agreements, as the case may be, of the City. 3.03. Execution of Bonds. The Mayor and City Administrator are hereby authorized and directed to execute the Bonds as prescribed herein and in the Bond Indenture by manual or facsimile signature and to deliver them to the Trustee, together with a certified copy of this Resolution, the other documents required in the Bond Indenture, and such other certificates, documents and instruments as may be appropriate to effect the transactions herein contemplated. The Trustee and the Tender Agent (as defined in the Bond Indenture) are hereby appointed authenticating agents pursuant to Minnesota Statutes, Section 475.55, Subdivision 1. 3.04. Modifications, Absence of Officers. The approval hereby given to the various documents referred to above includes an approval of such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by special counsel to the City prior to the execution of the documents. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence or disability of the Mayor, any of the documents authorized by this Resolution to be executed, may be executed by the acting Mayor and in the absence or disability of the City Administrator by the City Clerk. -7- Section 4. Authentication of Proceedings. The Mayor, City Administrator and City Clerk and other officers of the City are authorized and directed to furnish to the Purchasers, St. Francis, BHS and bond counsel certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Bonds as such facts appear from the books and records in the officer's custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. Section 5. Official Statement. The City hereby consents to the distribution by the Purchasers to potential purchasers of the Bonds of the Preliminary Official Statement and of an Official Statement relating to the Bonds, in substantially the form of the Preliminary Official Statement. The City has not participated in the preparation of the Preliminary Official Statement or the Official Statement and has made no independent investigation with respect to the information contained therein or in the appendices thereto, and the City assumes no responsibility for M the sufficiency, accuracy or completeness of such information with the exception of the information relating to the City under the heading "Litigation." Attest: City Clerk The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said Resolution was declared duly passed and adopted, and was signed by the Mayor and attested by the City Clerk. -10- MEMO TO: John K. Anderson, City Administrator //✓ FROM: Judith S. Cox, City Clerk `1,/ RE: Sale of Liquor on Sunday Beginning at 10:00 a.m. DATE: December 11. 1987 Introduction & Backaround Pursuant to Council direction, the City Attorney has prepared the attach Ordinance which authorizes the sale of intoxicating liquor beginning at 10:00 a.m. on Sundays for Class B licensees, Class C licensees, and the Racetrack. Recommended Action Offer Ordinance No. 239, An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code, Chapter 5 entitled "Liquor, Beer and Wine Licensing and Regulation" by adding to Sec 5.34 "Sunday Sales" Authority to permit Sunday Sales under Class B and C Licenses and the Racetrack beginning at 10:00 a.m. as herein Provided and by adopting by reference Shakopee City Code Chapter 1 and Sec. 5.99 which, among other things, contains penalty provisions, and move its adoption. JSC/jms ORDINANCE NO. 239 Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code, Chapter 5 entitled "Liquor, Beer and Wine Licensing and Regulation" by adding to Sec 5.34 "Sunday Sales" Authority to permit Sunday Sales under Class B and C Licenses and the Race Track beginning at 10:00 A.M. as herein Provided and by adopting by Reference Shakopee City Code Chapter 1 and Sec. 5.99 which, among other things, contains penalty provisions. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: New Provision added to Sec 5.34 Sales authorized hereunder for Class B Licensees, Class C Licensees and the Race Track may begin at 10:00 A.M. on Sunday morning. _ SECTION II: Adopted by reference Shakopee, Minnesota, held The general provisions and definitions applicable to the entire City Codeincluding the penalty provisions of Chapter 1 and Section 5.99 entitled "Violations a Misdemeanor" are hereby adopted in their entirety by reference as thoughrepeated verbatim herein. SECTION III: When in force and effect Afterthe adoption and .attestation of this Ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and affect on and after the date following such publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of 1987. ATTEST: Mayor of the City of Shakopee City Clerk Prepared and approved as to form this 9th day of December, 1987. City Attorney `- & ...- MEMO TO: John R. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Vacation of Easements in Prairie House 1st Addition DATE: December 11, 1987 Introduction• The City has received an application from Curtis Bradford requesting that the City consider vacating the 20 foot drainage and utility easement around Lots 1 and 2, Block 1, Prairie House 1st Adaition. Background: Mr. Bradford has submitted an application for a preliminary plat which plat will replat that part of Prairie House 1st Addition which includes Lots 1 and 2 and all that part of outlot A which was not recently acquired by Fish and Wildlife. Within the replat, utility and drainage easements are being provided around all of the lot lines. It is not necessary to retain the drainage and utility easements around the old lot lines, and Mr. Bradford is requesting that they be vacated so that they will not pose a problem should a building need to be erected across one of them. Alternatives: 1) Set public hearing to consider vacation 2) Deny request 3) Table request for vacation Recommendation: 1) Set public hearing to consider vacation. Recommended Action: Offer Resolution No. 2857, A Resolution Initiating the Vacation of Easement Within the Plat of Prairie House 1st Addition, and move its adoption. RESOLUTION NO. 2857 A RESOLUTION INITIATING THE VACATION OF EASEMENTS WITHIN THE PLAT OF PRAIRIE HOUSE FIRST ADDITION WHEREAS, the City of Shakopee has received an application for the replatting of a portion of Prairie House 1st Addition; and WHEREAS, in conjunction with the replatting of a portion of Prairie House 1st Addition, the developer is requesting the vacation of the 20 foot drainage and utility easements around lots 1 and 2, Block 1, Prairie House 1st Addition; and WHEREAS, it has been made to appear to the Shakopee City Council that the easements serve no public use or interest; and WHEREAS, a public hearing must be had before such action can be taken and two weeks published and posted notice therefore must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 19th day of January, 1988, at 7:00 p.m. or thereafter, on the matter of vacating the 20 foot drainage and utility easements around Lots 1 and 2, Block 1, Prairie House 1st Addition. BE IT FURTHER RESOLVED, that two weeks published notice be given by publication in the SHAKOPEE VALLEY NEWS and posted notice be given by two weeks posting a copy of such notice on the bulletin board in the main floor of the Scott County Courthouse, on the bulletin board in the Shakopee City Hall and on the bulletin board at the First National Bank of Shakopee. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of December, 1987. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1987. City Attorney /�L MEMO TO: Mayor, Councilmembers FROM: Tom Brownell, Chief of Police RE: Computer Terminal Purchase DATE: December 15, 1987 INTRODUCTION: The State of Minnesota notified the Department that the lease agreement between the State and Department was being terminated effective October 1, 1987. BACKGROUND: For several years the Department has leased a computer terminal from the State, which was dedicated to the motor vehicle files NLETS and NCIC computer systems dealing with law enforcement communications and criminal history files. The State offered two alternatives: 1. Purchase a Memorex terminal from the State contract which was the only terminal authorized to access the system, or 2. Lease a Memorex terminal from the contract vendor. I determined the lease agreement exceeded the purchase price and purchased a Memorex terminal. The purchase cost of the terminal was $661. It was my intent to charge the purchase to the operating budget supply account. The Finance Director advises that due to the fact the terminal cost was $661, it must be charged to the capital equipment fund. Funding is available. COUNCIL ACTION REQUESTED Approve the purchase of one Memorex computer terminal in the amount of $661. TB:cah MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Capital Equipment Purchase DATE: December 15, 1987 INTRODUCTION: I would like to request permission to purchase a transcriber in 1987. BACKGROUND• Our Receptionist has the time and desire to take on additional typing responsibilities, but is limited to hand written copies since she does not have a transcriber. She could help the Community Development Department as well as our Secretary, at busy times. The past year the Community Development Department researched, compared prices, and purchased a Lanier transcriber model #P-127. If we were to purchase this same item by December 31st, we have been quoted a price by Wahl & Wahl, Inc. of $369.00 versus the retail price of $969.00. The new transcriber would go to Jeanette and Jeanette's would be passed onto Tami. I do not have money in my capital equipment budget, but do have money in my over all budget. ALTERNATIVES: 1) Buy transcriber in 1987. 2) Buy transcriber :n 1988. 3) Do not buy a transcriber. ACTION REOUESTED: Authorize the purchase of a zanier Transcriber from Wahl & Wahl, Inc. at a price of $369.00. JSC/tiv