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HomeMy WebLinkAbout08/01/1989 MEMO TO: Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: July 27, 1989 1. Filings open August 29th - September 12th for positions on the City Council. Council positions currently held by Gary Scott, Gloria Vierling and Mayor Lebens will expire December 31, 1989. Qualified persons wishing their name placed on the November 7th ballot may file with the City Clerk between 8:00 a.m. and 4:30 p.m. Filing fee is $2.00. 2. MEBCO has received approval for their industrial development revenue bonds from the Department of Energy and Economic Development. All documents for the closing were signed by City officials on July 24th. 3 . Attached is a copy of a thank you card from Mayor Lebens. 4. Attached is the monthly calendar for August. 5. Attached is a letter to Mayor Lebens from Joe Ries, Scott County Commissioner, regarding the City's concerns about plans for the proposed interchange at C.R. 18 and the Shakopee By-Pass. 6. Attached is a memo from the LMC regarding the 1990 Conference Planning Committee. If anyone is interested in becoming a member of the committee please contact Jeanette. 7. Attached is a memo from the Minnesota Public Utilities Commission regarding recent changes in their Minnesota Link- Up America Program. 8. Attached is a memo from Joe Ries dated June 1, 1989 regarding the 1990 budget packet for Scott County. This is being provided for Council's information at this time - it will be provided again to Council at budget time. 9. Attached is the August Business Update from City Hall. 10. At their regular meeting on July 18th, Council asked for information on the senior citizen deferment policy. Attached is a copy of the application to be completed by the applicant and a list of the requirements necessary to be eligible. Section 2.82 of the City Code sets forth these requirements. Each application for deferment will be placed on the Council agenda for approval. 11. We have received an application from the Shakopee Lions Club for renewal of their gambling license. They meet the requirements of the City Code. 12. Attached are the minutes of the June 26, 1989 Cable Communications Advisory Commission. 13. Attached are the minutes of the July 6, 1989 Board of Adjustment and Appeals and Planning Commission. 14. Attached are the minutes of the July 5, 1989 Community Development Commission. 15. Attached are the agendas for the August 3, 1989 meetings of the Board of Adjustment and Appeals and Planning Commission. 16. Attached is the agenda for the August 2, 1989 meeting of the Community Development Commission. DRK/jms To: My fellow Covncilmmbers and City Staff From: The Mayor Thanks for the lovely floral arrangement. It was already on my doorstep to cheer me up when I returned from the hospital. Sorry to have missed Tuesday's meeting: Now, with the foot all patched up, I'm hoping to be able to run again! 17. August 1989 UPCOMING MEETINGS SUN MON TUE WED THU FRI SRT 1 2 3 4 5 7:00pm City 5:00pm CDC 7:30pm Derby Days Council Planning Commission 6 7 8 9 10 1 1 12 Derby Days 7:45am Downtown Committee 13 14 15 15 17 18 19 7:00pm City Council 20 21 22 23 24 25 26 7:00pm Community Recreation 27 28 29 30 31 July September S M T W T F S S M T W T F S 1 1 2 2 3 4 5 6 7 8 3 4 5 6 7 8 9 9 10 11 12 13 14 15 10 11 12 13 14 15 16 16 17 IS 19 20 21 22 17 IS 19 20 21 22 23 23 24 25 26 27 28 29 24 25 26 27 28 29 30 30 31 OFFICE OF THE ADMINISTRATOR SCOTT COUNTY COURTHOUSE 110 Id SHAKOPEE, MN. 55379-1382 (612)937-6100 JOSEPH F.RIES ' � - l Administrator CLIFFORD G.MCCANN RECEWED Deputy Administrator BARBARA NESS JUL 2, t:-1989 Executive Asst. July 24, 1989 CITY OF SHAKOPEE Honorable Delores Lebens Mayor, City of Shakopee Shakopee City Hall 129 Bast First Avenue Shakopee, MN 55379 Dear Mayor Lebens: Thank you for your letter of July 17, 1989, in which the Shakopee City Council's concerns over preliminary plans for the proposed interchange at County Road 18 and the Shakopee By-Pass are conveyed. While your letter has been scheduled before the County Board tomorrow, I have requested the Highway Engineer to prepare responses to your concerns for review with the Commissioners in a committee setting. Rest assured that the concerns of the city will be addressed with a high priority and with a timely response forthcoming. Thank you for your remarks on both these projects and for your continued interest in them. jnistrator erely, h F. Rie cc: County Commissioners Brad Larson, County Highway Engineer Cliff McCann, Deputy County Administrator File JFR:bn A Equel Opportunity Employer 183 University Ave.East St.Paul,MN 55101-2526 League of Minnesota Cities (612)227.5600(FAX:221.0986) July 21, 1989 To: Mayors, Managers, Clerks, Council (% Clerk) From: Darlyne Lang, Director, office & Building Services Subj : 1990 Conference Planning Committee As a city official, you have an opportunity to provide a valued contribution to planning the League's 1990 annual conference. Your firsthand knowledge of the problems confronting city government can provide the insight needed in planning programs to benefit other municipal officials. It's important that we have representation from cities of all sizes. In addition to maintaining the continuity and knowledge provided by previous committee members, we need new views and input from new members. This past year we had an excellent response. To accommodate as many as possible, we must limit the representation to one per city, while maintaining some previous along with the new members. The Conference Planning Committee will convene this fall, meeting five or six times prior to the conference. The meetings are initially scheduled monthly, 2-3 hours in length, with the final meeting held at the conference. The 1990 conference is scheduled for June 12-15, at the Duluth Arena-Auditorium in Duluth. If you are interested in becoming a member of the Conference Planning Committee, or if anyone in your city has an interest, please complete the attached form and mail it to my attention. Your participation is welcomed. MAIL TO: Darlyne Lang League of Minnesota Cities 183 University Avenue East St. Paul, MN 55101 I am interested in becoming a member of the 1990 Conference Planning Committee. I previously served on a Conference Planning Committee year(s) I have not previously served Name: Title: (please print) Address: City: Zip Code: O , • JUL 1 ; 1989 C(TY pp SHhhciP�E N E N O R A N D U H DATE: July 14 , 1989 OTO: Local & -County Officials 'n Minnesota V FROM: Mary Ellen Henn-n Executive Secretarv� RE: Recent Chances Minnesota Link-Up America Program W • Low income households without telephone service may now more easily obtain telephone service under program changes recently _ow made by the Minnesota Public Utilities Commission. • The Commission deleted the following two requirements: The applicant must have lived at an address where there has been no telephone service for at least three months prior to the date assistance is requested, aad — The applicant must not have received this assistance within the last two years . Persons eligible for Link-Up benefits receive one-half off the telephone service connection and installation charges, up to $30 . The local telephone companies may also defer payments on the balance of installation charges and reduce or waive deposit requirements for new telephone service. These benefits are provided through each local telephone company. Revised Link-Up America applications are available through the Olocal telephone companies serving your area. ' w The enclosed General Information Sheet may answer your W questions about Link-Up America. If you have further concerns, please contact David D. Sharpe of the Commission staff at (612) Z296-1339 . ZEnclosure •S G ' a AMERICAN CENTER bUIIdING• kEIIOgq ANd ROBERT STS• SAINT PAU4 MN 55101 MINNESOTA LINK-IIP AMERICA PLAN --General Information-- A. Link-Up America Benefits The Minnesota Link-Up America plan as approved by the Minnesota Public Utilities Commission is designed to provide eligible individuals with an off-set of one-half of the local telephone service connection and installation charges, up to $30. other benefits, such a deferred payments on remaining service connection fees and reductions or waivers of the deposit requirements may be available under the Link-Up plan at the option of each local telephone company. B. Link-Up America Eligibility Criteria To be eligible for benefits under the Link-Up America plan, an applicant must meet the following eligibility requirements: 1. Applicant has not been claimed as a dependent for Federal Income Tax purposes, unless he or she is more than sixty years old; and, 2. Applicant meets income requirements under criteria "3" or 114" below. 3. Applicant can show current participation in one of the following assistance programs to his or her local exchange company: -Aid to Families with Dependent Children -Medical Assistance -General Assistance -Minnesota Supplemental Aid -Food Stamps -Refugee Cash Assistance or Refugee Medical Assistance -Energy Assistance; or -Supplemental/Social Security Income. 4 . Applicant can show household income level of 150 percent or less of the federal poverty level. Household income is defined as total gross income from all sources for all members of the applicant' s household. 1508 of the 1989 Federal Poverty Income Guideline for all states (except Hawaii and Alaska) are: 1 Size of Family Unit 1508 of Poverty Guideline 1 $ 8,970 2 12,030 3 15,090 4 18, 150 5 21,210 6 24 , 270 7 27,330 8 30, 390 For family units with more than 8 members, add $3, 060 for each additional member. geninfo.lu 2 OFFICE OF THE ADMINISTRATOR SCOTT COUNTY COURTHOUSE 110 Id SHAKOPEE, MN. 55379-1382 (612) 937-6100 JOSEPH F.RIEStr Administrator �S C!:'>- w f f r�Fy CLIFFORD G.McCANN (•,. Deputy Administrator �'�. BARBARA ExecutweAssSS �C/Tr OFSNRkO FF T0: Dr. Gayden Carruth, Superintendent, ISD #720 Mr. Dennis R. Kraft, Acting Shakopee City Administrator SUBJECT: 1990 Budget Packet for Scott County - DATE: June 1, 1989 In keeping with the consensus reached by our respective policy boards at our first joint meeting on the tax reform issue, I am forwarding copies of the budget packet presented to the County Board on May 23, 1989. It should be noted, that the budget guidelines were approved in the form attached. In particular, allow me to call your attention to the 1990/CIP - calendar included in the packet and to request your timely review of our schedule. This of course, is in the interest of coordinating our financial planning efforts, and hopefully, will precipitate joint meetings of our three jurisdicitions. Perhaps we can discuss some strategy along these lines at our meeting tomorrow when we are scheduled to open responses to the RFP's on the proposed tax study. If that isn't convenient, let's attempt to set a meeting date for the express purpose of coordinating budget and CIP activities. I will look forward to working with you both. JR s, es strator . cc: (memorandum only) - County Commissioners Budget Team JR:bn An Equal Opportunity Employer ) OFFICE OF THE ADMINISTRATOR SCOTT COUNTY COURTHOUSE 110 SHAKOPEE, MN. 553791382 (612)9376100 JOSEPH F.RIES Administrator CLIFFORD G.McCANN Deputy Administrator BARBARA NESS Executive Asst. TO: Don Martin, Assessor May 23, 1989 James Terwedo, Attorney Tom Hennen, Auditor Jim Slavik, Central Services Director Mails Hedin, Collections Director Jim Berg, Controller Greg Ess, Court Administrator John Hedin, Court Services Director Dr. John Plunkett, Coroner Larry McMahon, Data Processing Manager Tim O'Laughlin, Emergency Management Director David Hart, Extension Director Brad Larson, Highway Engineer Eileen Moran, Human Services Director Ray Vyskocil, Internal Auditor Janet Williams, Library Director John Rade rmacher, Maintenance Engineer Tom Longmire, Personnel Director Jon Westlake, Planning Director Paul Wermerskirchen, Recorder/ Registrar of Titles Sheriff Bill Nevin Tom Muelken, Treasurer Earl Hedstrom, Veterans Services Officer SUBJECT: 1990 Budget Process Pursuant to the Scott County Budget Procedure Manual adopted on February 28, 1989, I am pleased to forward copies of both the Budget Message and Budget Guidelines for the 1990 budget cycle which were presented to and approved by the County Board today. I am also enclosing a copy of the Budget Calendar for this same period and will take this opportunity to notify you of the details of the Kick-Off Budget Meeting which has been scheduled as follows: DATE: Thursday, June 8, 1989 TIME: 9:00 o'clock A.M. PLACE: Assembly Room, Court House #111 At this meeting, I plan to review the Budget Message with you and invite your comments and questions at that time. This will also be the An Equal Opportunity Employer opportune time to discuss the county's long-range financial plan (6-10-6) as well as the overall economic climate of our county and those things that drive our taxes. Jim Berg will follow by taking us through the Budget Guidelines and Budget Calendar at which time we will devote whatever time necessary for discussion and questions on any and all aspects of the budget process. I encourage your continued support of and compliance with the budget time lines and pledge any assistance that we can provide you throughout the process. We appreciate your excellent cooperation in the past. To somewhat mitigate the burden of the event, coffee and cookies will be served. Please notify this office if you are unable to attend or send a deputy or aide in your stead. I will look forward to seeing you on June 8th. Thank you. R a s, J A inistrator Encls. cc: w/Enclosures County Commissioners (Info only) Cliff McCann, Deputy Co. Admin. Jim Berg, County Controller Recording Secretary (Scheduling 6 arrangements) JR:bn OFFICE OF THE ADMINISTRATOR g SCOTT COUNTY COURTHOUSE 110 SHAKOPEE, MN.55379.1362 (612)937-6100 JOSEPH F.RIES Administrator CLIFFORD G.McCANN Deputy Administrator - May 23, 1989 BARBARA NESS Executive Asst. Scott County Board of Commissioners Scott County Courthouse Shakopee, MN 55379 RE: 1990 BUDGET MESSAGE Gentlemen: Although the Legislature adjourned last night, the full impact and effect of its enactments for this session will not be understood or felt for sometime. However, it is possible to generalize by saving that the flexibility of local government in terms of taxes and services has been further reduced. In anticipation of the continuing reduction in flexibility, Scott County has adopted a stringent new set of self-imposed financial guidelines. On October 25, 1988 the Scott County Board of Commissioners adopted a long-range financial plan entitled the "6-10-6 Plan." The Plan projects limits of 6% annual increases in the operating levy and a 10% total levy growth based upon an assumed 6% annual growth in taxable valuation and is modeled to restrict county levy growth to 4% or less annually. The impetus for the Plan was that over the past several years Scott Countv has experienced financial set-backs and disruption. We have been fully aware of our declining financial stability and its causes. Our beliefs were substantiated by the Mill Rate Study conducted in the Spring of 1988. Much of the financial difficulty is beyond Scott County's ability to control , either through significant revenue increases or expenditure reductions. Scott County makes its expenditures in response to state law, citizen requests and demands. Accordingly, included among the important services provided by Scott County are: 1. Constructing roads that service commerce and industry, tourists and residents and the general public. 2. Protecting our citizens and jailing our prisoners. An Equal Opportunity Employer Scott County Commissioners May 22, 1989 Page 2. 3. Serving as the nerve center for all police, fire and emergency responses in our county (911 Dispatch) . 4. Funding the administration of the entire justice system in this County and our share of the costs of the First Judicial District. 5. Feeding the hungry, sheltering the homeless and lending a hand to those least able to help themselves. 6. Collecting and investing the taxes and other revenues for ourselves and other governments. 7. Providing service to our veterans who served us. 8. Providing information and knowledge through our library system. 9. Protecting the environment. 10. Assuring that safe housing is built for our citizens. 11. Protecting peoples' property rights to land. 12. Planning and zoning for sensible organization of land uses throughout the County. 13. Supporting senior citizens' programs. 14. Providing assurance that the public's money is not spent illegally. It must be understood that the "6-10-6 Plan" represents a ten year commitment restricting the flexibility of the County to respond to increased pressures for services, whether to increase levels of service or institute new services to fulfill unmet needs. When coupled with our limited cashflow reserves, Scott County's ability to cope is limited by the financial and statutory constraints imposed. It should be remembered that for the past decade Scott County has lived, and in the future, will continue to live well within its statutory limits. While other counties have sought and received authority for levies over the maximum established by statute, Scott County has striven to limit its increases year in and year out. Within the confines of the "6-10-6 Plan," however, we continue to look for other ways to provide or eliminate service and respond to new needs. This is the role of strategic planning, program evaluation, economy and efficiency audits and technology improvements. I Scott County Commissioners May 22, 1989 - - Page 3. On May 30, 1989, the Scott County Board will be engaged in a Strategic Planning Workshop. This workshop may result in a pro-active strategic plan being developed for each service and program provided by Scott _ County. The Board may require each department to develop an initial strategic plan as part of the budget process. Although Board action requiring a thorough and complete strategic plan for the entire county is not certain, I am advising departments at this point that considerably more effort on their part and that of their staff may be required should the Board undertake some form of strategic planning for this budget cycle. In the spirit of this Budget Message, the County Controller will follow with the presentation of the 1990 Budget Guidelines, which have been recommended for County Board adoption by the Fiscal Management Committee on May 19, 1989. Resp tfully, Jo ph F. Ries C my Administrator JFR:jm SCOTT COUNTY 1990 BUDGET/CIP CALENDAR May 18 Adoption of 1990 Budget Guidelines by Fiscal Management Committee. May 23 Adoption of 1990 Budget Guidelines by County Board. May 23 Budget message/meeting notice to County Officials/Department Heads. June 8 Budget Kick-Off Meeting with County Officials/Department Heads. June 12-16 Controller's Budget Workshops in Data Processing Training Room. June 26-30 Preparation of the 1990-94 Capital Improvement Plan by the Budget Team in Consultation with County's Financial Advisor. July 17 Due Date for 1990 Budgets to the County Controller. August 1 Final Review of Budgets by the County Controller. Month of Budget Hearings - County Officials and Department Heads August Individually Sept. 12 Budget Presentation to the County Board for Adoption. Sept. 15 Controller certifies 1990 Levy to the County Auditor for Truth in Taxation Preparation. Nov. 10 County Auditor mails Truth in Taxation (Proposed Property Taxes) Statements to Propertyholders. Nov. 15 Schedule Public Hearing on 1990 Budget. thru Dec. 14 Dec. 29 Adopt 1990 and 1990-94 Capital Improvement Plan by Resolution and Certify to the County Auditor. March 15, Tax Statements mailed to Propertyholders NLT. 1990 DATE: May 22, 1989 TO: All Department Heads FROM: Jim Berg, Controller RE: 1990 Budget Workshops 1 will be conducting several budget workshops the week of June 12 - 16, 1989 for preparation of your 1990 budget. Workshops will be held at 10 : 00 A.M. and 2 : 00 P.M. each day in the Data Processing training room. NO morning session on Monday, June 12th and NO afternoon session Friday, June 16th. We can accomodate six people at each session, on a first come first served basis . This will be a training session on budget preparation for your service/services. The workshops are for you and your staff who will be directly inputting your budget into the computer. Any Department that does not have direct access to the computer, will be expected to attend the workshop , making arrangements with the Data Processing Department to use their equipment and facility to input and complete your budget. Please call Mary Petrick at extension 188 to make your reservation and number attending. Remember to bring your password, budget instructions and a copy of your 1990 budget worksheet. JB:mp Attachment 1990 Budget Guidelines SCOTT COUNTY 1990 BUDGET GUIDELINES The Fiscal Management Committee has endorced the following policy for preparation, review and finalization of your 1990 budget. A. Budget training workshops will be held June 12-16, 1989. B. Each department will input their own budget. C. Due date is July 14, 1989. D. The Administration Budget Team will initially review your budget, if your budget is not in compliance of guidelines you will be called for review with the Controller, or if necessary the Administrative Budget Team. E. Budget appeals will be scheduled before the Fiscal Management Committee. F. County levy must be set by September 1, 1989 for the Truth in Taxation Statements. G. Any changes in the levy due to public hearings - levy can only go down. GENERAL GUIDELINES A. Check the date of your budget worksheet, information is actual as of that date. B. Salaries for 1990 will be budgeted at 12-31-89 rates. C. The 1990 total County levy will follow the 6-10-6 Long Range Financial Plan 1989-1998. This is not to say certain services will not increase or decrease, but the Administration Budget Team will make necessary cuts or increases to remain in line with statutory levy limits and the long range plan. D. If revenues are less than 1989 or expenses greater than 1989, a short written explanation will be required. E. Various activity reports, project or client type reports are available through your manager' s menu. F. Capital purchases (;300 or more) will be delayed until October 1, 1990. G. All objects will be restricted to a 38 increase, except 4109 thru 4180. 1 / Page two of four \ 1990 Scott County Budget Guidelines LINE ITEM GUIDELINES A. REVENUE OBJECTS 1 . Complete all revenue items, including 3311- Current Property Tax. Current Property Tax is the difference between income and expense. 2. All monies received should be reported as revenue and not credited against an expense object. 3. All Federal and State revenue must have a special object code by funding source. Your 1989 budget should reflect the new object codes, if not please call for a new object number. B. EXPENSE OBJECTS 4001-4095 Should be used for related services delivered by someone other than your staff. (vendors) 4109-4180 MUST balance to your staffing plans. If you plan to budget for O.T. and/or additional part-time employees, please reflect by classification title, on your Additional Staffing Plan (see personnel instructions below) . On your Staffing Plan, the basic object assigned to each employee is the line you are charged on your Statement of Operations. If there is a change or an error, please inform Personnel. If part-time employees are used in your office, they will be monitored and action will be taken to stay within budgeted wages. 4212-4290 Find a percent of each line item to total salary, using actual (1989) . Apply this percent to total projected salaries for each line of projected 1990 benefits. 4596 Vehicle Purchase 4741 Minor Equipment Purchase (under $300.00) 4746 Major Equipment Purchase' (over $300.00) 4747 Software Purchase 4860 Maintenance Repair-Facility Remaining Objects Use projections based on actual experience, for 1989. If any line is increased more than 38, please give an explanation in the comment column. 1 Page three of four 1990 Scott County Budget Guidelines OVER-ALL BUDGET A. PERSONNEL - 1. Examine your current staffing plan and submit all the staff changes and O.T. to the Personnel Department for review and/or referral to the Personnel Committee. You MUST must obtain Personnel Committee approval before budgets are finalized. 2 . If approved, add to your Additional Staffing Plan and corresponding budget line object. B. DATA PROCESSING EQUIPMENT If you need additional data processing equipment or software, you must take the following steps: 1. Complete a "Request for Data Processing Services" form and submit to your Block Group for approval. Upon approval, the request will be forwarded to the Data Processing User' s Group for approval before budgets are finalized. 2. If approved, add to your Purchase Addendum and on your appropriate budget line object 4741, 4746 or 4747. C. VEHICLES If you are requesting new vehicles, you must take the following steps: 1. All vehicle requests must be forwarded to the Fleet Management Team, in care of Jim Slavik, prior to the onset of budget review. 2 . If approved, add to your Purchase Addendum and on your budget line object 4596. 3. Once again, Capital purchases (over $300) will be delayed until October 1, 1990 . D. BUILDING If you are requesting remodeling or construction, you must take the following steps: 1. All requests must be forwarded to the Building Committee, in care of Joe Ries, prior to the onset of budget review. 2. If approved, add to your Purchase Addendum and on your budget line object 4860 . Page four of four 1990 Scott County Budget Guidelines E. EQUIPMENT If you are requesting additional equipment, other than data processing, vehicles and building, (over $300.00) you must take the following steps: 1 . All requests must be forwarded to Jim Berg prior to the onset of budget review. 2. I£ approved, add to your Purchase Addendum and on your budget line object 4746. DATE DUE Budget review will begin July 17, 1989. When you have finalized your budget, please send a letter to the Controller indicating completion. If desired, include points of interest for discussion. Any budget not in the system by July 17, 1989 will receive their 1989 budget allotment less 108. 7 BUSINESS UPDATE FROM CITY HALL Vol. 3 No. 8 Dear Chamber Member: August 1, 1989 BUILDING The ribbon cutting and turning the keys over to the City of Shakopee for the Shakopee Community Youth Building took place on July 26th. The building completion represents nine months of hard work by local service clubs, fraternal organizations, businesses, industry and local residents. CITY CLERK Charlie Fonder has been appointed to the Ad Hoc Downtown Committee. Liquor and beer licenses have been renewed beginning July 1, 1989 including issuance of a new liquor license for Centennial Investment Corporation doing business as Canterbury Inn. Council has amended the criteria for deferment of special assessments for homestead property owned by senior citizens. The assessor's market value of the applicants homestead property as well as the amount of gross assets the applicant can have have been increased. The criteria has not been changed since 1983 . Filings for expiring terms on the City Council will be open from August 29th to September 12th. Eligible persons desiring to have their name placed on the November 7th ballot must file with the City Clerk between 8: 00 a.m. and 4:30 p.m. during one of these days. The three Councilmembers whose terms are expiring December 31, 1989 are Gary Scott, Gloria Vierling and Mayor Dolores Lebens. COMMUNITY DEVELOPMENT The Shakopee Community Development Commission has created a Business Appreciation Subcommittee. This new subcommittee will meet on a monthly basis with approximately ten businesses for a short breakfast meeting. The purpose of the meeting is to answer questions that local business owners may have in regard to a variety of issues. If local business owners are experiencing problems that may be resolved at the local level, this is an excellent opportunity for them to bring up the issue with this new subcommittee. The subcommittee will then forward matters which can be handled at the city staff level to the appropriate person. Items that may need formal Council action will be evaluated by the Community Development Commission and forwarded to City Council for formal Council action. When a local business is contacted by a member of the Business Appreciation Subcommittee, please make every effort to attend the breakfast meeting. This is an opportunity for you, the business owner, to state your concerns and desires regarding the local business climate in Shakopee. The Shakopee Community Development Commission has also recently created a City Hall Siting Subcommittee. The purpose of the committee is to reinstate the process for siting a new City Hall. The committee will re-evaluate much of the work that was done by the 1987 Siting Committee. The committee is hopeful that they can have a prioritized siting list for City Council consideration in early 1990. If there are members of the community that would like to assist and serve on this subcommittee, please feel free to call Barry Stock at 445-3650. COMMUNITY RECREATION (BCR) Many businesses and groups arrange for picnics in the summer for their employees and families. Some arrange for theirs to be held in Shakopee Parks. Shakopee has two parks that are particularly designated for those kinds of activities. For years the most popular site has been Memorial Park with its rustic setting. It still is popular, but actually Lions Park is gradually becoming the first choice of many. The Municipal Swimming Pool seems to be the big attraction for this location. SCR schedules these facilities on a first come - first serve basis starting January 1st of each year. There is a nominal fee involved. If you are thinking of this kind of activity for next summer, you might want to give this some thought. AI'1'1.1CA1IUN FOR SENIOR (:I"FILEN HARDSHIP //� SPBCIAL ASSESSMENT DEFEIIHAI, L� CITY OF SHAKOPEE I DECLARE UNDER PENALTIES OF PERJURY THAT THE ANSWERS TO THE FOLLOWING QUESTIONS ARE TRUE TO THE BEST OF MY OWN KNOWLEDGE. ADDRESS PHONE PLACE OF OIRI'll HATE. OF BIRTH LEGAL DESCRIPTION OF PROPERTY PARCEL NO. 15 THIS PROPERTY YOUR HOMESTEAD PROJECT ASSESSMENT APPLYING FOR ORIGINAL AMOUNT OF ASSESSMENT BALANCE DUE HOUSEHOLD COMPOSITION NAME AGE SEX REI.ATIONSIIIP TO I SOCIAL SF,CU- HUSBAND OR HEAD I RITY NUMBER ANNUAL GROSS INCOME AND EMPLOYMENT WAGES AND LIST EACH INCOME SOURCE ADDRESS OTHER INCOME FOR THE PAST CALENDAR YEAR IF INCOME LISTED ABOVE EXCEEDS CURRENT INCOME LIMIT, THE APPLICANT MAY SUBMIT ADDITIONAL DATA REGARDING THE TOTAL INCOME OF ALL OWNERS FOR THE PAST THREE (3) CALENDAR YEARS. LIST ALL ASSETS EXCLUDING HOMESTEAD PROPERTY IF 'IIIERE AGE ANY SPECIAL CIRCUMSTANCES WHICH MAKE THIS ASSESSMENT A HARDSHIP, PLEASE DESCRIBE: THE TAXES FOR IMPROVEMENTS ON THE SPECIAL ASSESSMENTS DULY ADOPTED TN RESOLUTION BY THE CITY OF SHAKOPEE AS OF , 19 WHICII HAVE BEEN ALLOCATED AGAINST THE SUBJECT PROPERTY WOULD CREATE UNDUE PERSONAL HARDSHIP ON MY BEHALF AND I RESPECTFULLY REOUEST THAT PAYMENT BE DELAYED AND THAT SUCH TAXES BE SO DEFERRED FOR THE YEARS 19_ TO 19_ DATE SIGNED OWNER - - - - - - - To Be Completed By The City - - - - - - - - - - - ASSESSOR'S MARKET VALUE APPROVED—NOT APPROVED_ BY THE CITY OF SHAKOPEE THIS DAY OF , 19 PITY ADMINISTRATOR PPmst.Bnt to Ree: 1713 Date: To: Subj: Senior Citizens Hardship Special Assessment Deferral 1, , hereby certify that I am 65 years of age or older and that it would be a hardship for me to make payments for special assessments. Therefore, I request that the City of Shakopee defer the special assessments on my property according to M.S. 435.193, M.S. 435.194, and M.S. 435.195. AI Amount of Assessment deferred Code B RI Rate of Interest CI Description: s gnature o app n cant ________________________________________________________________________________ FOR OFFICE USE ONLY: To: Scott County Auditor 1, ' hereby certify that the City of Shakopee has deferred the anove special assessments. Dated this day of , 19 s gnature t e ________________________________________________________________________________ 1, hereby certify this is a true and correct copy received in the office Auditor, Scott County, Minnesota, this day of 19of the County Aud — ounty u for 0 SENIOR CITIZEN HARDSHIP SPECIAL ASSESSMENT DEFERRAL SHAKOPEE, MINNESOTA Senior citizens may have their special assessments deferred if they meet the following requirements : a. Applicant is 65 years of age or older. b. Applicant is the owner of the property applied for, which must be the homestead of the applicant. C. The annual gross income of the applicant and any other owner who resides with the applicant does not exceed the Section 8 Low Income Limits for the past calendar year. Alternately the applicant may submit data on average income for the three years prior to the year in which the application is made. ¢9 c r d. The gross assets of the owner or owners residing on the property cannot exceed $36:iB . These assets do not include the applicants homestead property. e. The Assessor' s Market Value of the applicants homestead property can not exceed $60;9Be. ;, , <. If a senior citizen, aged 65 or ,older, does not meet the re- quirements set out above; but, does feel his assessment would be a hardship, may apply. The City Council will review the circum- stances surrounding the hardship and make a determination as to whether the deferrment should be granted. Deferrments will not be granted for assessments of less than $100.00. TERMINATION OF DEFERRMENTS Please understand that the deferred assessment will bear interest at the rate of 8% per year, unless provided otherwise under the resolution adopting said assessments , and that the interest will be paid when the deferrment ends . If granted, your deferred assessment will terminate at the following times : a . Upon the death of the owner, provided that spouse is not otherwise eligible for the benefits . b. Upon the sale, transfer, or subdivision of the property or any part thereof. C . Upon the property losing its homestead status. d. Upon the City of Shakopee ' s determination that the hard- ship has ended so that immediate or partial payment is required. 3/31/82 14 89 Section 8 Income Requirements Very Low* Lower 1 person household $14,800 $23,700 2 person household $16,900 $27, 100 3 person household $19,050 $30,450 4 person household $21,150 $33 ,850 5 person household $22,850 $35, 950 6 person household $24,550 $38, 100 *Initially to be eligible for Section 8 assistance the applicant must be in the very low category. SOURCE: Scott County HRA IV PROCEEDINGS OF THE SHAKOPEE CABLE COMMUNICATIONS ADVISORY COMMISSION Regular Session Shakopee, Mn June 26, 1989 Chairman Anderson called the meeting to order at 7:00 P.M. with Commissioners Davis, Anderson and Moonen present. Commissioners Harrison and Abeln were absent. Barry Stock, Administrative Assistant; Keith Cripps, Executive Vice President, AMZAK Cable Midwest, Inc. ; Bill Lepley, Access Studio Manager; Mike Dalton, AMZAK Comptroller; Bruce Tomsak, AMZAK Engineer; and Mike Kazma, AMZAK Manager were also present. Davis/Moonen moved to approve the minutes of the March 27, 1989 meeting as kept. Motion carried unanimously. Mr. Stock stated on February 7, 1989 the Shakopee City Council waived the City of Shakopee's right of first refusal to acquire the cable system. On May 26, 1989 staff received correspondence from Mr. Cripps representing AMZAK Cable, Midwest, Inc. stating their desire to purchase the cable system in Shakopee from Zylstra/United Cable Television. In accordance with Section 14.02 of the Shakopee Cable Franchise Ordinance the City of Shakopee has the right to review and approve the sale or transfer of the Shakopee Cable Franchise. Mr. Stock stated that he submitted a list of questions to Amzak outlining those areas which he felt were of importance to the City of Shakopee in regard to the operation of the cable system. Mr. Cripps has drafted written responses to each to the questions as posed by Mr. Stock. Mr. Stock stated that rather than going through each of the questions he suggested that the meeting be opened up for questions from the Commissioners. Commissioner Moonen questioned what AMZAK's experience was with local origination and public access and also what their committment is to public access. Mr. Cripps stated that in all of the systems in which Nortel is currently operating they are involved in public access. In Bloomington, the City decided to take over the control of public access in exchange for an equipment grant from Nortel. The other communities (Fridley and St. Louis Park) have studios operated by Nortel and the communities access groups. commissioner Moonen questioned if Mr. Cripps was familiar with the public access studio arrangement in Shakopee. Mr. Cripps responded in the affirmative. Mr. Cripps stated that it would be their intent to maintain the public access function as it currently exists. Mr. Cripps went on to state that to the subscriber the sale and transfer will be quite transparent. Commissioner Moonen questioned whether or not the deferrals that were granted two years ago were transferable to new owners. Mr. Stock stated that based on his review of the ordinance, all deferrals are transferable to any new owner. Mr. Stock asked Mr. Cripps if that was also his understanding of the ordinance. Mr. Cripps responded in the affirmative. Mr. Stock also pointed out to Mr. Cripps that the deferrals listed in the franchise were for capital expenditures. He noted that after the deferral period the City of Shakopee had the right to hold the franchise holder to all the promises as set forth in the original proposal. Mr. Stock asked Mr. Cripps if he was aware of this fact. Mr. Cripps responded in the affirmative and stated that when the deferral period has ended they would likely request to renegotiate some of the deferrals. Chairman Anderson questioned if the Shakopee office would be utilized by AMZAK as the main office for the Chaska/Shakopee Cable Franchise Areas. Mr. Cripps responded in the affirmative and went on to state that the AMZAK will be utilizing their own in house billing system which will be located in the Shakopee office. Mr. Cripps went on to state that the Valley View systems (Waverly-Montrose-Jordan-Belle Plaine-New Prague) would also be billed from the Shakopee office. Chairman Anderson questioned clarification regarding the location of a system manager in Shakopee. Mr. Cripps stated that things would pretty much remain as they are in terms of a system manager. The only noticeable change would be that the systems manager's supervisor would be located in Bloomington rather than Chicago, IL. Mr. Stock questioned if AMZAK has contacted the current employees of United Cable Television to determine if they would be willing to stay on when AMZAK takes over the operation. Mr. Cripps stated that they would like to hold off on making any commitments to the current employees until everything has been approved by the Cities. Chairman Anderson questioned whether or not the channel realignment as discussed by Mr. Cripps in one of his responses would have a major effect on the current channel alignment. Mr. Cripps stated that the changes would be minimal. He noted that the systems in the Metropolitan Area are all trying to coordinate their channel alignments. He noted that the trend has been to move some of the public access channels which were normally on the 2-13 channel band to higher tiers. He noted that he will be requesting the Cable Commission approval of any proposed channel realignments. Chairman Anderson then questioned the provision of the regional access channel. Mr. Cripps stated that the AMZAK engineers are currently investigating the most cost effective method of activating the regional access channel. At the present time, it is estimated that it will cost approximately $200,000 to get the regional access channel activated. Mr. Cripps stated that it is AMZAK's intent to activate the regional access channel but he requested that they be given some time to determine the most cost effective method of delivery the channel. Mr. Stock stated that he would like a definitive time frame in which the channel can be activated. Mr. Stock noted that several Council members have inquired about the activation of this channel and that they would like a response that they can give to Shakopee residents in terms of the time frame in which it will be activated. Mr. Stock stated that he did not think it was unreasonable for AMZAK to request a 6-12 month extension in the activation of this channel. Chairman Anderson questioned AMZAK's commitment to service. Mr. Cripps stated that they will at all times have someone on call for service calls. Additionally, they will have someone available on weekends. AMZAK has the advantage of having the nearby Nortel system within close proximity in case of a major problem. Employees from Nortel could be called upon in emergency situations to meet the service needs of Shakopee subscribers. Mr. Cripps went on to state that all Shakopee and Chaska subscribers will be notified of the change in ownership by mail. Chairman Anderson questioned whether or not the converters would still be needed in the system. He thought there was a move to eliminate the converter boxes and utilize cable ready television sets. Mr. Cripps stated that in order to provide an addressable system convertor boxes are still needed. He went on to state that AMZAK would like to implement the A.N.I. (Automatic Number Identification) system for pay-per-view services. This system would simply allow Shakopee subscribers to call at any time to subscribe to a pay-per-view movie or special feature. At the present time, Shakopee subscribers can only call between the hours of 9:00 A.M. and 8:00 P.M. to receive pay-per-view services. At the present time, all pay-per-view requests have to be manually punched into the computer and addressed to the subscriber who requested the service. The A.N.I. system does all of this automatically including the billing. Chairman Anderson questioned where Chaska was in the process of approving the sale and transfer. Mr. Cripps stated that he has spoken with the City Administrator in Chaska and he has requested a copy of the questions proposed by Mr. Stock. Mr. Cripps expected that they would follow Shakopee's lead in terms of approving or denying the sale and transfer. Chairman Anderson then questioned the five year proforma provided by AMZAK for the future operation of the system. Mr. Anderson stated that he felt the subscriber projections were very optimistic. He noted that prior to Mr. Stolen's arrival subscriber penetration had remained fairly stable. Since Mr. Stolen's arrival and an increase in marketing Shakopee subscriber rates have increased dramatically. Mr. Anderson stated however that he felt that the point of saturation was rapidly approaching. He questioned how AMZAK hoped to obtain 500 new subscribers a year. Mr. Dalton stated that the proforma is based on a 60% penetration rate. At the present time, Shakopee has approximately a 478 penetration rate. Mr. Dalton stated that in the Bloomington system they are experiencing a 608 penetration rate and he did not think that was unrealistic for Shakopee. Mr. Dalton also noted that Shakopee and Chaska were developing communities in terms of residential growth and that the standard penetration rate for new housing developments is 608. Commissioner Davis stated that he did not think the projections were totally unrealistic. He felt that if everything went perfectly, the proforma estimates could be attained. However, he stated that this would be an extremely unusual situation if everything went perfectly smooth. Chairman Anderson then questioned why in year three AMZAK expected an additional 1, 000 new subscribers. Mr. Dalton stated that this projection was based on the completion of the downtown mini by-pass. He stated that AMZAK felt that when this and other highway projects are completed Shakopee will experience a tremendous housing boom. Commissioner Anderson then questioned why wage and benefits decreased by $13, 000 in year four. Mr. Dalton stated that the reason for the decrease relates to the fact that in year three AMZAK would likely have to have additional staff or overtime to handle the suspected increase of 1,000 new subscribers. In year four, these part time and overtime services would not be required and thus the reduction in the amount of wage and benefit expenses in year four. Chairman Anderson then questioned when year one of the proforma would actually begin. Mr. Dalton stated that the proforma was developed on a calendar year basis. If AMZAK takes over operation on September 1, then the first year of operation would begin on September 1. Chairman Anderson questioned what would happen if the penetration and subscriber estimates are not met as set forth in the proforma. Mr. Cripps stated that he is not that concerned with the subscriber counts listed in the proforma. If the subscriber counts are not met there are other methods of increasing revenue to offset the over estimate in subscribers. For example, Mr. Cripps stated that he felt his pay-per-view revenue estimate is low and therefore that one factor alone could be used to offset lower subscriber counts than projected. Mr. Stock questioned how AMZAK would determine when new plant extensions would be made. He questioned if service extension would be made at the time that new subdivisions are platted and infrastructure is constructed or when the homes are actually there to support the service extension. Mr. Cripps stated that AMZAK tended to wait until the homes are in place to extend cable. He noted that to install wire when the infrastructure is being put in place and all the other utilities if often difficult. Based on past experience, he stated that he would rather go through the expense of repairing peoples yards than go through the hassle of installing services at the same time that gas, electrical and telephone are being installed. � I Chairman Anderson stated that he would like to see some commitment from AMZAK to public access when they come in as the new operator. Mr. Cripps questioned what number the commitment would have. Mr. Stock stated that he did not know what equipment was needed in the studio at this time but he was in fact aware of some equipment that was in bad condition. He questioned if AMZAK would be receptive to discussing an equipment grant. Mr. Cripps stated that he would be willing to discuss an equipment grant with City staff and would be prepared to make a reasonable financial commitment to public access. Mr. Stock stated that he would meet with the Access Corporation President to determine what equipment should be replaced at this time and would meet with Mr. Cripps to finalize this issue prior to the public hearing. Commissioner Davis questioned the need for a public hearing. Mr. Stock stated that he felt that the change in ownership did constitute a major change in the franchise and that while the change may be transparent to Shakopee residents, they should be given the opportunity to comment on the proposed change. Mr. Stock stated that the public hearing would also make the transfer of ownership a smoother process when this issue comes before the City Council. It was the consensus of the Committee to schedule a public hearing to solicit comments from Shakopee residents on the proposed sale and transfer. It was suggested that the public hearing be held on July 24, 1989 at 7:00 P.M. in the City Council Chambers. The meeting adjourned at 8:10 P.M. Barry A. Stock Recording Secretary /3 BOARD OF APPEALS AND ADJUSTMENTS SRARam, 1 mmm AAT. REGULAR SESSION July 6, 1989 Members Present: Forbord, Kahleck, Foudray, Czaja Members Absent: Rockne, Stafford, Allen Others Present: Doug Wise—City Planner, Sharon Swenson—Recording Secretary I. ROLL CALL Chairman Forbotd-called the meeting to order at 7:30 PM and roll call was taken as noted above. II. APPROVAL OF AGENDA A ION:Kahleck/Czaja moved that the Board approve the agenda as presented. Motion passed unanimously. III. APPROVAL OF JUNE 8 MEETING MINUTES MOTION: Kahleck/Czaja moved that the Board approve the minutes of the June 8th meeting. Motion passed unanimously. IV.OTNER BUSINESS None V. ADJOURNMENT MOTION: Foudray/Czaja moved that the Board adjourn. Motion passed unanimously. Adjournment at 7:33. l3 PLANE= CMMISSla1 SNAKDPEE,KDNMTA July 6, 19" Shakopee, Minnesota COMBIISSION MEMBERS PRESENT: Chairman Forbord, Kahleck, Czaja, Foudray, Rockne (arrived at 7:50) COMHIISSION MEMBERS ABSENT: Stafford, Allen OTHERS PRESENT: Doug Wise--City Planner, Sharon Swenson—Recording Secretary I.ROLL CALL Chairman Forbord called the meeting to order at 7:34 P.M. and roll call was taken as noted above. II. APPROVAL OF AGENDA Czaja suggested the addition of item under Other Business: Twin Nome discussion Forbord suggested the addition of item under Other Business: Plat of addition MOTION: Foudrav/Kahleck moved that the agenda be accepted as presented with the addition of the two items noted above.Motion passed unanimously. III. APPROVAL OF MAY 25 AND JUNE 8th, 1989 MEETING MINUTES MOTION: Kahleck/Forbord moved that the Commission accept the minutes of the May 25 meeting. Motion passed. Czaja and Foudray abstained. MOTION: Kahleck/Foud-s7 movedthat the Commission accept the minutes of the May 25 meeting. Potion passed unanimously. IV. HOT MIX PLANT APPLICATION BY HARDRIVES, INC. Czaja/Kahleck moved to continue the hearing on the conditional use permit for a hot mix asphalt plant. Motion passed unanimously. Z Wise explained that the application was first presented two months ago when the area was zoned I-1 and such a facility was not allowed. Since then, the zoning has been changed to I-2 and a hot mix plant would now be allowed on the site preferred by the applirant.The advantages of this site would be: 1. It is away from the highway. - 2. There are trees to screen the plant. 3. It would utilize the private roadway. Czaja had questions regarding Staff's recommendation Eo- prohibit operation in periods of air inversion. He asked who is responsible, who regulates and how this is enforced. Wise answered that first of all, the responsibility lies with the applicant. Secondly, if the City were to became aware of a violation, it would take the responsibity (if necessary; with the professional opinion of an outside source) to determine if violations were taking place. If that were so, the City could take neasures to shut the plant down.He agreed that this was not a simple situation, but the recommendation had been made by the Enviromental Health Department. The applicant came forward and stated that they have not had to shut down because of air inversion and that these instances would be most likely in periods of cold weather. The plant meets all the specifications of the PCA. Hours would be 7-7 daily. Kahleck/Czaja had concerns about the enforcability of the stipulation and also about odors generated by the plant. MOTION: Foudray/Kahleck moved that the public hearing be closed on the discussion of the application for a hot mix asphalt plant. Motion passed unanimously. MOTION: Foudray/Kahleck moved to approve the conditional use permit for a hot mix asphalt plant and structures in excess of 45' subject to the following conditions: 1. All existing permits and conditions contained therein, issued to the J.L. Shiely property shall remain in effect. 2. The proposed plant must be located in the SE corner of the Shiely property as shown in the original conditional use permit application. 3 . The applicants must obtain all required permits from the Pollution Control Agency, and the Pollution Control Agency must monitor the air pollution on an annual basis. The City shall be notified of the time when annual air pollution testing will be preformed and copies of the permits and pollution control test results shall be provided to the city. 4. Prior to issuance of a building permit for the locating of the hot mix plant on the property, Hardrives must execute and record an easement agreement with NSP for use of their 3 I private driveway serving the proposed site. 5. The plant shall not be operated during periods of air inversion. Responsibility will lie with the City Staff, who will rely on an accepted meterologist's infumation to determine air inversion periods . 6. The plant shall utilize a bag house type of pollution control device. 7. An annual review will be required. Motion passed unanimously. Czaja had concerns regarding odors and combinations of odors causing problems/ pollution. Wise responded that the present regulations pretain to each particular industry. He felt that question needed some review and discussion. He stated that this item will be added to the next agenda. V. APPLICATION FOR A CONDITIONAL USE PERMIT FOR A FRATERNAL INSTITUTION BUILDING, SHAKOPEE VFW. MOTION: Rockne/Kahleck moved that the public hearing be opened for discussion of the conditional use permit for the Shakopee VFW. Motion passed unanimously. Wise explained that the applicant owns 3 lots. A conditional use permit was received in 1985 to construct the building, but the one year time limit has expired and plans have been changed. The applicant has reapplied. The main issue of concern had been parking spaces. City code requires only 25, but the plans show 119. The building plans have been reduced in size, allowing more narking spaces in the proposal than in 1985. Cecil Clay of 2085 Austin Circle appeared and stated that the original building was to have been 12,000 square feet. It has been cut to 6,600 square feet so more parking is available. Brian Koening of 1133 E. 3rd St came forward with his concerns:- 1. Street parking 2. Grade on the property 3. %se,, duust o?dms.landscastio ed how.fh�sl 5/ould be controlled. copy pe pan avai a e. Wise explained that whatever was in effect presently for street parking would stay effective. Only the grade on the property owned by the applicant would be changed, not any owned by the City. Wise explained that the lot would be paved to eliminate the dust problem. Most of the activity was within the building, so he did not feel that noise should be a problem. 4 Czaja questioned the height of the proposed wood fence. Clay answered it would be 6' high. POTION: Foudray/Kahleck moved that the public hearing be closed for the discussion of the application for a conditional use permit for Shakopee VFW. Motion passed unanimously. MOTION: Foudray/Rockne moved to approve conditional use permit 565 for a fraternal institution building (Shakopee VFW) subject to the following conditions: 1. Approval is based upon the site plan dated 6/1/89. 2 . Parking shall be paved and striped. 3 . Parking in the front yard setback must be screened to a height of 3 ' with at least two types of screening along both Third Avenue and Marschall Road. 4. Lighting shall be directed away from adjacent streets and residential uses. 5. A sidewalk shall be constructed along Third Avenue. 6. The applicant shall install all landscaping and construct the sidewalk prior to issuance of a final certificate of occupancy or provide a certified check, letter of credit or performance bond equal to 125% of the cost of required landscaping and the sidewalk. 7. A solid (100% opaque) wooden fence, 6' high, shall be built on the westerly Motion passed unanimously. VI. APPLICATION FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION TO OPERATE AN AUTO/TRUCK REPAIR SHOP TO INCLUDE OUTDOOR STORAGE. Czaja excused himself from the discussion because of a conflict of interest. MOTION: Foudrav/Kahleck moved that the public hearing be opened for discussion of conditional use permit 566 made by Gerald Schmitz. Motion passed unanimously. Wise explained that that the property is located on Marshall Road, north of County Rd 14. Schmitz is requesting an auto/truck repair business on the site with storage and parking areas in the barn area. There have been problems in the past with autos on the property. Two requirements for such an application are that the applicant must live in the house and the occupation must take place in the house or an adjacent building. He went on to quote from the code: Pursuant to the Shakopee City Code Section 11. 05, Subd. 10, "any home occupation may be permitted only as a conditional use if it complies with the minimum requirements of this 5 3 subdivision. " The proposed conditional use may not comply with part B or C of the above mentioned Subdivision. Part B states that "the home occupation shall be carried on wholly within the principal or accessory structure. " Part C states that . exterior storage of materials except in the Ag or R-1 district and exterior indication of the home occupation or variations from the residential character of the principal structure shall not be permitted. " Section 10.74 of the City Code states that "it is unlawful to park or store any unlicensed, unregistered or inoperable vehicle, furniture, household furnishings or appliances, or parts or components thereof, on any property, public or private, unless housed within a building, and any violation is hereby declared to be a nuisance." Forbord noted that this problem has been ongoing since 1981 when the City took the property owner to court. Bob Novotny, 3374 MacShane Road, came forward with his concern, which was: Outside storage-this can became an eyesore. He felt there should be some control/restrictions in this area. Schmitz stated that he would definitely like a conditional use permit for the shop and he would only park licensed cars in the storage area. Dave Czaja, 5262 Eagle Creek Boulevard, said he felt the City's enforcement policy has an urban standard in a rural area. He asked if this site was grandfathered in for home occupation uses. He asked how it was determined that the property was undesirable for future development--is this an opinion or a fact? This has been allowed in the past at a nearby property with the proper screening. He was concerned how code was being enforced in a rural enviroment. Chuck Bremer of the CDC stated that if exceptions are to be made in outside storage in an R-1 zone, it should be reflected in an ordinance or the area rezoned. Schmitz stated that Shakopee took over that area in the early 1970's. Cars have been stored there since 1968. MOTION: Kahleck/Foudray moved that the public hearing be closed on the discussion of application 566 by Schmitz for home occupation. Motion passed unanirausly. Forbord stated that he felt the ordinance was clear. He realized that Czaja felt it should be changed and maybe the Planning Commission and City,Council should do so. 6 Kahleck/Forbord moved that the Commission deny application 566 according to Staff recommendations. Vote: Kahleck, Forbord-aye , Rockne, Foudray- nay. Tie vote resulted and motion died. Forbord and Kahleck felt the ordinance is clear on this matter and asked why the code was in effect if it is not adhered to.Forbord said the Commissioners needed to consider how they would feel if it were next to their home. POTION: Foudray/Rockne moved that the application 566 by Gerald Schmitz be tabled until the next meeting until Staff can provide recommendations on what would be required of the applicant to operate a conditional use on the site. Motion passed 3-1. Forbord voted nay, Czaja abstaide MOTION: Czaja/Foudray moved that the Commission take a brief recess. Motion passed unanimously. Recess taken at 9:00 PM MOTION:Foudray/Rockne moved that the Commission reconvene. Motion passed unanimously. Reconvened at 9:15 PM. VII. ANIMALS HOSPITALS IN B-2 DISTRICT MOTION: Rockne/Foudray moved to continue the public hearing on animal hospitals in the B-2 District. Motion passed unanimously. Wise explained that .ri June 8, 1989, the Planning Commission opened a public hearing on a proposed zoning code amendment to allow animal hospitals and veterinary clinics in the B-2 Zoning District as a conditional use. Discussion at the June 8th meeting centered on restricting the animal hospitals allowed in this zone to those that treat small animals. After this discussion the Commission passed a motion continuing the public hearing until their July 6, 1989 meeting and directed staff to do further research. Wise explained that he had gotten no specific information on this matter from research through other cities. He recommended that it be allowed as conditional use permit for small animals treated within the building. Forbord suggested that covenents sometimes have good definition of small animals and possibly this could be researched. Clete Link, 12831 Link Drive, stated that he did not wait to see outside kennels. MOTION: Foudray/Kahleck moved that the public hearing be closed for dis cession of the proposed code amendment to allow animal hospitals in the B-2 District. Motion passed unamiously. MOTION: Czaja/Kahleck moved that the item be tabled until the next meeting pending clarification of "small animal" by Staff. Motion passed 3-2. Kahleck and Forbord voted nay. 7 VIII. PROPOSED CHANGE TO ZONING CODE WHERE PARTY WALLS ARE USED MOTION: Foudray/Czaja moved to continue the public hearing for discussion of the proposed change to zonuig code where party walls are used. Motion passed unanimously. Wise explained he had spoken to a representative of Burnsville and in that City they required approval of a PUD. He stated that lot width and area requirements could be varied with approval of a PUD. Czaja ..felt negotiations meant that give and take should be done on both sides. He did not feel that much of that took place in Shakopee. MOTION: Foudray/Rockne moved that the public hearing be closed on the discussion of the proposed change in zoning code where party walls are used. Motion passed unanimously with Czaja abstaining. MOTION: Rodme/Foudray moved that the Commission recommend to the City Council amendment of City code section 11.03, Subdivision 3 to add the following: F. Lots maybe excluded from the width requirements and area requirements if party walls are utilized or buildings are planned to be constructed as an integral structure, when a Planned Unit Development approval for the entire property has been secured (except twin homes) . Separate ownership of twin home units requires approval of a lot split (Section 12.08) provided each unit has a lot width and area equal to at least 1/2 of the area and width required for a two family dwelling. It was suggested that Staff define what a twin hone is and this definition be added to the motion. Motion passed unanimously. _ IX. CAPITAL IMPROVEMWI PROJECTS FOR 1990-1995 C I BUDGET Wise stated that the Planning Commission must review the 1990-1995 CIP and make a recommendation to the City Council. Forbord indicated he had not read the information. MOTION: Czaja/Forbord moved that the item be tabled until the next meeting. Motion passed unanimously. 6 X. DISCUSSION Review Application Forms Discussion on this item was postponed until the next meeting to give Commission members more time to review the information. XI. OTHER BUSINESS Discussion took place on the Nelson duplex being constructed at the end of Limestone Drive. Since the lot meets the requirements in the City Code, the City had no choice but to grant the building permit. The City Engineer was opposed but had no legal grounds on which to prevent construction. The Assistant City Attorney said that any future request to split the lot can be denied because there is a single service to the property. MOTION: Kahleck/Czaja moved that the ordinance/code should be amended requiring twin homes to have separate services. She suggested that the Staff bring back some recommendations on how to deal with this type of situation. Potion passed unau+monaly. XII. ADJOURNMENT POTION: Foudray/Rockne moved that the Commission adjourn. Motion passed unanimously. Adjournment at 10:10 PM. �Y MINUTES OF THE COMMUNITY DEVELOPMENT COMMISSION City Council Chambers Shakopee, MN July 5, 1989 Chairman Joos called the meeting to order at 5: 00 p.m. with the following members present: Commissioner Albinson, Brandmire, DuBois and Joos. Barry A. Stock, Administrative Assistant and Christen Converse, Chamber Executive Director were also present. Commissioner Furrie was absent. Albinson/Brandmire moved to approve the minutes of the June 7 , 1989 meeting as kept. Motion carried unanimously. Mr. Stock gave an economic development update on the Mebco project. He stated that the industrial development revenue bond process has been completed and that the developers agreement for the tax increment financing should be completed in early August. Mebco intends to break ground in mid-August with completion scheduled for next Spring. Commissioner Albinson stated that Mebco would be finalizing the purchase agreement in the later part of July. Mr. Stock stated that the Bergquist Company has approached the City of Shakopee and is requesting tax increment financing for their project. Mr. Stock noted that last year Bergquist approached the City and intended to construct a 66, 000 sq. ft. manufacturing facility with a value of approximately $3 million. Last Fall City Council gave preliminary approval for three years of tax increment financing assistance to Bergquist. Mr. Stock noted that the currently proposed project is only 22, 000 sq. ft. with a value of approximately $700, 000. He also noted that Bergquist intended to employ approximately 30 employees at the proposed facility. Mr. Stock noted that under these conditions, Bergquist's request does not meet the City's Industrial Development Incentive Policy. He stated that he was leaning towards not recommending tax increment financing assistance for the Bergquist proposal. Commissioner Albinson stated that he did not feel the City should veer from the criteria set forth in the policy given the tax climate and resident attitudes at this time. Mr. Stock went on to state that the Bergquist property does have some development problems associated with it. For example, access to the property at this time is limited to one road on the North side. Bergquist has requested the City to construct a South road along the entire Southern portion of their property. Mr. Stock noted that the property to the South is owned by Scottland and that the City would have to pursue condemnation proceedings to acquire the property associated with said construction. Mr. Stock stated that Bergquist does intend to construct the remainder of their plant in Shakopee within the next five years. He noted that a product that they were hoping 1 to develop has not taken off as fast as they expected and they are pulling in their horns somewhat in terms of expansion. Mr. Stock stated that the Planning Commission has recently approved the final plat for Meadows 2nd Addition. This added an additional 31 lots to the City's residential property inventory. Mr. Stock stated that he has not heard anything from Robert's Ent. since our last meeting. He expected that they are evaluating site locations at this time. Mr. Stock stated that the medical waste incinerator plant has decided to scratch Shakopee from their site location alternatives at this time. Commissioner Albinson stated that he was disappointed with the original reception that the City Council had towards this project. Councilmember Zak stated that the City was very up front with this company in their opposition to the project. Commissioner Albinson stated that if the City of Shakopee does not want this type of facility they should consider adopting an ordinance banning these types of facilities. Commissioner Albinson stated that at this time the use for this type of facility is permitted in the industrial park. It was the consensus of the Committee to have staff research Chaska's ordinance on the banning of hazardous waste facilities. Mr. Stock reported that the Downtown Committee is currently in the process of completing a downtown property inventory. At the last Committee meeting they decided to narrow the focus of the inventory to four key blocks in the downtown area. Commissioner Albinson gave an update on the Transportation Coalition. He stated that there may be some delay in the completion of the Southerly By-Pass due to the lack of funding. He noted that the original project cost estimate was approximately $8 million and that the County Road 83 intersection alone at this time was projected to be in excess of $1 million. Commissioner Albinson then gave an update on the business appreciation breakfast that was held last week. He noted that the first session was a tremendous success. He reviewed several of the concerns that were expressed by the businesses attending the meeting. He stated that he would be forwarding a list of some of the minor concerns that staff could handle on an administrative level without any action from City Council. Mr. Albinson stated that the business appreciation subcommittee will be scheduling another meeting in July. Mr. Stock reported that at the last meeting the Community Development Commission directed staff to put the following items on the agenda for the Committee's discussion. The first item related to Community Development Department staffing needs. Mr. Stock stated that in light of the City Administrator vacancy, it 2 r4 might be premature to act on this issue until the City Administrator vacancy can be filled. Mr. Stock gave a brief history on City staff's attempts to hire an additional planner. Mr. Stock also reviewed the areas of responsibility and current staffing levels within the Community Development Department. Commissioner DuBois stated her frustrations in trying to get answers from Shakopee City Hall. The issue of cross training was discussed. Mr. Stock stated that there is only so much information that can be shared and remembered by someone who does not deal with planning activities on a day-to-day basis. Council member Zak suggested that the Community Development Commission wait in making any recommendation on the staffing levels for the Community Development Department. He suggested that perhaps who ever the new Administrator is might have some ideas on reorganization or additional staffing what ever the case may be. It was the consensus of the Committee to defer discussion on this issue until such time that a City Administrator can be appointed. Commissioner Brandmire questioned the staffing levels at Shakopee Public Utilities. Mr. Stock stated that he did not know what the staffing levels were in that area. Commissioner Brandmire suggested that perhaps some of the duties in the Planning Department could be shared with Shakopee Public Utility personnel. Mr. Stock stated that given the geographic location of Shakopee Public Utilities as compared to City Hall this may be difficult. Mr. Stock also stated that there has been an antagonistic relationship between Shakopee Public Utilities and the City of Shakopee for quit some time. Mr. Stock noted that Shakopee Public Utilities was a quasi independent agency and the City of Shakopee had no direct control over their actions. Discussion then ensued on the status of a new city hall. Mr. Stock stated that in 1988 a non binding referendum on the location of a new city hall was placed on the ballot for Shakopee residents to consider. At that time Shakopee residents were given two choices for the location of a city hall. The residents at that time favored a site located near the current public works facility. Mr. Stock also noted that in conjunction with the completion of the Comprehensive Plan, a survey of Shakopee was conducted in regard to this issue. Again Shakopee residents favored a site near the Public Works building. The consultant working on the Comprehensive Plan is recommending that if a new city hall is constructed that it be constructed near the downtown core area and institutional area. Commissioner Albinson questioned whether or not a subcommittee could be created on the Community Development Commission to investigate this issue. He suggested that perhaps the Downtown Committee could look in to this matter of site location. Commissioner DuBois stated that she felt the Downtown Committee should not be involved in the process because any decision that 3 they would recommend may be seen as biased. Council member Zak stated that he would bring this matter to the attention of City Council and would inform them that a subcommittee of the Community Development Commission would begin investigating this issue. Mr. Stock reported that at the last meeting of the Community Development Commission discussion ensued on what type of marketing campaign the City should embark on to improve the community's image and marketability. Mr. Stock stated that the City does currently have a fact book that is distributed to interested developers upon request. Mr. Stock stated that the folder is in relatively good shape and the City has over 5,000 folders remaining. However, the content in the brochures is outdated. Christen Converse shared with the Committee a marketing piece that was done by the Chamber several years ago. She stated that perhaps the City of Shakopee could work with the Chamber to update this piece. The Committee felt that a joint effort between the Chamber and the City would be a good idea in reducing costs. It was the consensus of the Committee to request staff to work with the Chamber in developing a marketing piece. Mr. Stock stated that subsequent approval by City Council on any expenditures of funds for a marketing piece would be necessary. Mr. Stock then reviewed the Business Update from City Hall. Commissioner Albinson then gave a brief update on the Comp Plan. Mr. Stock stated that the next meeting for the Comprehensive Plan Committee would be Monday, July 17th. Mr. Stock then shared with the Committee a correspondence from Universal Lumber regarding their perception of the community as a new business. Mr. Albinson stated that Universal Lumber was invited to the first business appreciation breakfast and some of their concerns were addressed at that time. Council member Zak requested staff to place this item as a non agenda info item for City Council. He stated that he would do a cover memo for this piece. Discussion ensued on what contacts are made with new businesses upon their arrival in the community. Mr. Stock stated that the City of Shakopee has never had a formal program for visiting with new businesses. Ms. Converse stated that the Chamber is just in the process of developing a Ambassador Program. A group of members would formally contact new businesses upon their arrival into the community and welcome them. Mr. Stock stated that the City has ordered hats that we can distribute to new businesses upon their arrival in the community. This would serve as an ice breaker. Commissioner DuBois suggested that perhaps the City could establish a business license program. Under this type of program the City could keep track of what new businesses are entering in to the community. This would allow the City staff with a direct list to follow up on welcoming new businesses. Mr. Stock stated 4 that he felt this would just be one more burden that a new business would have to go through upon entering the community. Commissioner Albinson stated that the fee for the license could be nominal and that it would provide City staff with an accurate list of businesses. It was the consensus of the Committee to place this item on the next agenda for further discussion. Albinson/Brandmire moved to adjourn the meeting at 7:00 P.M. Motion carried unanimously. Barry A. Stock Recording Secretary 5 TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN August 3 , 1989 Chairman Forbord Presiding 1. Roll Call at 7:30 P.M. 2 . Approval of Agenda 3. Approval of July 6, 1989 Meeting Minutes 4. 7:30 PUBLIC HEARING: To consider a request for a Variance to build an addition 5' from the side lot line instead of the required 10' upon the property located at 1174 Monroe St. Applicant: David Broderson Action: Variance Resolution No. 567 5. 7:40 PUBLIC HEARING: To consider a request for a Variance to construct an accessory building closer to the front lot line than the principal building upon the property located at 812 East County Road $77. Applicant: Bert Notermann Action: Variance Resolution No. 568 6. 7:50 PUBLIC HEARING: To consider a request for variances regulating the existing accessory structure upon the property located at 1199 Quincy Street. Applicant: Gerald Schesso Action: Variance Resolution No. 569 7. Other Business a. b. 8. Adjourn Douglas K. Wise City Planner TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN August 3 , 1989 Chairman Forbord Presiding 1. Roll Call at 7: 30 P.M. 2. Approval of Agenda 3 . Approval of the July 6, 1989 Meeting Minutes 4. 8:00 P.M. PUBLIC HEARING: To consider a request for a Conditional Use Permit to allow for the keeping of horses upon the property located at 8029 E. Martindale Drive. Applicant: Sohn P. Biwer Action: Conditional Use Permit Resolution No. 570 5. 8:10 P.M. PUBLIC HEARING: To consider a request for a Conditional Use Permit to allow construction of an 8' high privacy fence upon the property located at 1042 Sibley Street. Applicant: Reith & Kathy Lusignan Action: Conditional Use Permit Resolution No. 571 6. 8:20 P.M. PUBLIC HEARING: To consider a request for a Conditional Use Permit to allow the operation of a custom wood cabinet finishing and repair shop upon the property located at 2287 Eagle Creek Blvd. Applicant: Charles Ritchart, CSR Finishing Action: Conditional Use Permit Resolution No. 572 7. Request for CUP by Gerald Schmitz Action: Conditional Use Permit Resolution No. 566 8. Final Plat - Heritage Place 2nd Addition Action: Recommendation to City Council 9. Request for Amending Zoning Code re: Animal Hospitals and Veterinary Clinics in the B-2 District Action: Recommendation to City Council 10. capital Improvement Projects for 1990-95/1990 C.I. Budget Action: Recommendation to City Council 11. Review of Conditional Use Permit No. 555 - Commercial Recreation Center at Eagle Creek Plaza 12 . Discussion: a. Review Application Forms - Cont. b. Air Quality in River Valley Area C. Code Amendment re: Duplex/Twinhomes d. 13. Other Business a. b. 14. Adjourn Douglas Wise City Planner NOTE TO THE PLANNING COMMISSION MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Doug Wise on the Monday or Tuesday prior to the meeting. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. Note Meeting Time: 5: 00 P.M. TENTATIVE AGENDA Community Development Commission City Hall Council Chambers August 2, 1989 1. Call to order at 5:00 P.M. 2. Approval of the minutes - July 5, 1989 3. Economic Development Update: (Verbal) a. Mebco b. Bergquist C. Jellystone Campground d. e. 4. Subcommittee Reports (Verbal) a. Downtown Committee b. Transportation Coalition C. Park Development d. Business Appreciation 5. Discussion Items a. Harzardous Waste Facility Ord. b. City Hall Siting Subcommittee C. Business License Ord. 6. Informational Items: a. Business Update from City Hall b. Comp Plan Update (Verbal) C. Marketing Plan d. Staffing Needs 7. Other Business a. Next Meeting - Wed. , Sept. 6, 1989 - 5: 00 PM City Council Chambers b. S. Adjourn Barry A. Stock Administrative Assistant CITY OF SHAKOPEE Please call Barry or Toni at 445-3650 if you cannot make the meeting. Joe Ries Scott County Administration Scott County Courthouse Shakopee, Minnesota 55379 Subj: SENIOR CENTER COORDINATORS-SCOTT COUNTY HUMAN SERVICES DATE: July 25,1989 Joe, 1 agree with the efforts of the Scott County Commissioners and County Administration to keep any new tax increases to a reasonable amount and as you know, the Shakopee City Council is currently going through this same type of deliberation with gsZ 1990 budget. I did, however, want to submit a short letter to communicate my concerns with the proposal from Eileen Moran, Human Services Director in the Shakopee Valley News of July 20, 1989.The gist of the proposal was to cut funds for senior center coordinators in Scott County to help restrict the rate of increase in Scott county taxes. I certainly believe in the old saying, that a society is best judged by the care and respect it gives to its elderly. For many of our senior citizens,the senior center provides the only source of socialization, activity and recreation.There is probably no more important item in serving the needs of the senior citizen than a healthy, thriving seniors program. My father, who lived with me in the last years of his life, was a solid member of a senior center in Pennsylvania and I was able to witness the effect,impact, and benefits of that relationship on his Irfe and the impact that he made in the lives of his friends at the center. He would not have missed a single day. I would urge you to continue the program, as is, without a break, and find other avenues to reduce the increase in taxes. This will be no easy task but I , for one, have first hand knowledge of the value of the these centers to our senior citizens and the senior program in Shakopee is certainly proof that this program has an identifiable result.There are other county(and city)efforts that can not be justified in such a dramatic and visible fashion. Reserving more dollars to expand a home care situation for the frail elderly is obviously worthwhile and it is not difficult to justify the enhancement of this program. But, you have to analyze the impact of both of these programs. Home care speaks to the end of life. The senior center is directed to the continuation, growth and enjoyment of life. It is an affirmation of Irfe and the value of its continuation. I would have to guess that this type of service is the essence of "Human Services"and deserves continued funding. Many Thanks, ( Uo� :aJ� Shak a K'Councilmember cc: Scott County Commissioners JEileen Moran, Human Services g-1 99 info idem TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 1, 1989 Mayor Dolores Lebens presiding 1] Roll Call at 7: 00 P.M. 2] Recess for H.R.A. Meeting 3] Re-convene 4] Liaison Reports from Councilmembers 51 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] 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 Approval of Minutes of July 11, 1989 8] Communications: *a] Governor Rudy Perpich re: State Legislature's transportation funding bill *b] Jospeh F. Ries to Olsen, Thielen & Co. LTD re: property tax situations proposal 9] PUBLIC HEARINGS: a] Continuation of Public Hearing on Proposed Assessments for the Downtown Streetscape Phase I, Parts 1 and 2 , Project No. 1987-2 - Res. No. 3071 b] Proposed Assessments for 11th Avenue Street and Storm Sewer Construction, Project 1988-5 - Res. No. 3092 c] Proposed Improvements to Boiling Springs Lane by Drainage Facilities, Project 1989-9 - Res. No. 3090 d] Proposed Assessments for Vierling Drive from CR-17 Easterly ± 3200 Feet, Project 1988-1 - Res. No. 3091 10] Boards and Commissions: Cable Communications Commission: *a] Approval of Cable Sale and Transfer Energy and Transportation Committee: *b] Refuse Disposal Ordinance Amendments TENTATIVE AGENDA August 1, 1989 Page -2- 11] Reports From Staff: a] Assessment Policy for Improvements in Killarney Hills - tabled 7/18 *b] Shakopee Shops Shopping Center Commercial Development Revenue Note Refinancing Request - Res. No. 3097 c] Police Civil Service Request for Financial Assistance to Hire A Police Chief - tabled 7/18 *d] Amendment to the Home Energy Check-Up Agreement *e] MEBCO Developers Agreement f] Authorize Purchase of Alley Grader g] Approve Bills in Amount of $167, 114 . 30 *h] Application for Non Intoxicating Liquor License by Stonebrooke of Shakopee Inc. *i] Application for Non Intoxicating Liquor License by Kenneth D. Berg dba/Shakopee Bowl j ] Policy on Use of City Vehicles k] Letter of Understanding on Hiring of City Administrator 1] Alley Behind City Hall m] Southerly Bypass - Supplemental Agreement with Barton- Aschman 12] Resolutions and Ordinances: *a] Res. No. 3094, Amending the 1989 Fee Resolution *b] Res. No. 3096, Amending the 1989 Budget *c] Res. No. 3093 , Repealing Res. No. 1351 Regarding Department Head Physicals *d] Res. No. 3095, Amending Personnel Policy e] Ord. No. 269, Establishing A Fine For Not Reporting and Paying Local Lodging Tax 13] Other Business: a] b] C] 141 Adjourn to Tuesday, August 15, 1989 at 7 :00 P.M. Dennis R. Kraft City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Session August 1, 1989 Chairman Gary Scott presiding 1. Roll Call at 7: 00 P.M. 2. Approval of July 11 and July 18, 1989 Meeting Minutes 3 . Reconsideration of Jellystone Campground Tax Increment Request 4. Other Business a. b. 5. Adjourn Dennis R. Kraft Executive Director PROCEEDINGS OF HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MN JULY 11, 1989 Chairman Scott called the meeting to order at 7: 01 p.m. with Comm. Clay, Zak, Wampach and Vierling present. Also present were Mayor Lebens; Dennis Kraft, Executive Director; David Hutton, City Engineer; Julius A. Coller II, City Attorney, and Judith S. Cox, City Clerk. Wampach/Clay moved to approve the minutes of June 6, 1989. Motion carried unanimously. The application for tax increment assistance by Bergquist Company was withdrawn at their request. Wampach/Zak offered Resolution No. 89-3 A Resolution Requesting the Shakopee City Council to Consent to the Levy of a Special Tax by the Housing and Redevelopment Authority in and for the City of Shakopee, and moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Clay moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:13 p.m. Dennis Kraft Executive Director Carol Schultz Recording Secretary OFFICIAL PROCEEDINGS OF HOUSING AND REDEVELOPMENT AUTHORITY SPECIAL MEETING SHAKOPEE, MN JULY 18, 1989 Chairman Scott called the meeting to order at 7: 15 p.m. with Comm. Vierling, Clay, Wampach and Zak present. Also present were Dennis Kraft, City Administrator; Barry Stock, Administrative Assistant; Judith Cox, City Clerk; David Hutton, City Engineer; Doug Wise, City Planner; and Julius A. Coller II, City Attorney. Vierling/Wampach moved to accept the Special Meeting Call. Motion carried unanimously. Barry Stock reviewed the Shakopee Valley Motel Tax Increment request for Financing project. He said Mr. Wallace Bakken is requesting $100, 000 financing for this project. Mr. Bakken has secured a loan for this project. Barry said Mr. Bakken has failed to meet one of the requirements for financial assistance being a minimum of 50 employees. Cncl. Zak said he felt since the issue was closed that it is now considered a new project and should be treated as such. Comm. Clay said since the bonds have already been sold that he would like to see the City work with Mr. Bakken in some way. Consensus of the council was since Mr. Bakken does not meet all the requirements in regards to tax increment financing that the City cannot help him. Wampach/Vierling moved to deny Mr. Bakken's request for $100, 000 of tax increment money. Motion carried with Comm. Clay opposed. Vierling/wampach moved to adjourn. Motion carried unanimously. Meeting adjourned at 7 :35 p.m. Dennis Kraft City Administrator Carol Schultz Recording Secretary �3 MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Barry A. Stock, Administrative Assistant RE: Shakopee Valley Motel Tax Increment Financing - Request for Reconsideration DATE: July 25, 1989 INTRODUCTION• On July 18, 1989 Mr. Wallace Bakken appeared before the Shakopee BRA to discuss reviving a portion of the old tax increment agreement between the HRA and the Shakopee Valley Square Properties in an effort to secure $100,000 in financing from the bonds that were sold in conjunction with the originally proposed project. At that time, the Shakopee HRA denied Mr. Bakken's request for tax increment assistance. On July 24, 1989 I received a correspondence from Mr. Bakken requesting that the Shakopee BRA reconsider their action. (See attachment #1) BACRGRODND• In 1986 the Shakopee HRA entered into a developers agreement with Shakopee Square Properties for various improvements to the Shakopee Valley Motel property. The originally approved agreement included a motel expansion in the amount of $1.2 million, a restaurant with a minimum value of $440,000 and a camping and recreation facility to be constructed with a value of $500,000 or more. According to the developers agreement once all of these improvements were made the BRA would then give $330, 000 to the developer to assist in the development of the property. In 1986 the Shakopee HRA sold $500, 000 in tax increment bonds to finance this project. On October 14, 1987 the Shakopee HRA amended the developers agreement between Shakopee HRA and the Shakopee Valley Square Properties. The amended development agreement provided for the disbursement of $100,000 to Mr. Bakken providing that he complete the Jellystone Park Campground by January 2, 1988 and providing the campground would have a minimum market value of $855,000. After several delays by Mr. Bakken in obtaining financing for the project, the Shakopee HRA on November 15, 1988 terminated the amended and restated contract for private development by and between the Shakopee HRA and Shakopee Valley Square Properties, and terminating the assessment agreement and assessors certification by and between the Shakopee HRA and Shakopee Valley Square Properties. Mr. Bakken contends that he has spent approximately $25,000 in conjunction with the sale of the $500,000 in tax increment bonds. Additionally, Mr. Bakken contends that he has spent thousands of dollars for improvements that he has made to the Jellystone Campground and Resort. It is Mr. Bakken's contention that if he would have had financing in place last Fall, he would have received the $100, 000 that he is now requesting. Since Mr. Bakken has now secured financing he feels he should be entitled to the $100,000 at this time. Finally, Mr. Bakken points out that when the bonds were sold for this project he met the development criteria as setforth by the City and he should not be obligated to meet the new criteria. Staff has contacted our bond counsel to determine if the City of Shakopee could release $100,000 in proceeds to Mr. Bakken for the improvements associated with his project. It is the opinion of our bond counsel that the City could reinstate the development agreement as amended in 1987 and offer $100, 000 in proceeds to Mr. Bakken from the bonds that were originally sold in conjunction with this project. I have also contacted the Scott County Assessor to determine the estimated tax on the improvements made to the Jellystone Campground. It is estimated at this time that the campground would generate approximately $50,000 in tax revenue. Prior to the improvements the property generated less then $6, 000 in tax revenue. The original bond issue for the Shakopee Valley Square Properties project was in the amount of $500,000. Early this year the City allocated approximately $300,000 of these bonds to the MEBCO Project. Therefore, approximately $200,000 of bonds remain in escrow at this time. If the City does not allocate the remaining bond proceeds, they will be placed in a debt service fund to pay off the original bonds sold. When the HILA terminated Mr. Bakken's agreement last fall, they indicated to him that he should contact the MRA for financial assistance when he had his financing in order. Mr. Bakken has incurred significant financial expense as a result of the Tax Increment process which perhaps past City staff should not have encouraged in the first place. Staff is therefore recommending approval of Mr. Bakken's request. Additionally, staff feels that Mr. Bakkens's project should not have to meet the criteria as set forth in the City's Industrial Development Incentive policy. This policy was drafted for manufacturing facilities not commercial facilities. What the City may want to consider at some point in time is a separate policy for commercial oriented projects. If the HILA wishes to discuss Mr. Bakken's request, several motions would be in order. The first would be to reconsider your earlier motion denying Mr. Bakken's request for $100,000 in tax increment assistance. If no motion is made to reconsider, the HRA's previous action will stand. If a motion is made to reconsider, it would then be appropriate after discussion to make another motion accordingly. (See alternatives listed below. ) ALTERNATIVES- 1. Direct staff to prepare the necessary documents (development agreement and assessment agreement) to disburse $100, 000 in tax increment assistance to Mr. Bakken for improvements that have been made in conjunction with the campground. 2. Deny Mr. Bakken's request for $100,000 of tax increment money. 3 . Direst staff to prepare the necessary documents to disburse an amount less then $100, 000 to Mr. Bakken for improvements that have been made in conjunction with the campground. 4. Table action on this issue pending further information from staff. 5. Table action on this issue until all members of the HRA are present. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: 1. Move to reconsider the motion denying Mr. Bakken's request for $100,000 in tax increment assistance. 2. Move to direct staff to prepare the necessary documents (development agreement and assessment agreement) to disburse $100, 000 in tax increment assistance to Mr. Bakken for improvements that have been made in conjunction with the campground. Attachment #1 w1,2 JULY 24, 1989 DEAR BARRY A. STOCK, YOU ARE THE CITY ADMINISTRATIVE ASSISTANT AND I HAVE DECIDED TO WRITE YOU A LETTER 1N DISGUST. AS TO THE DECISION MADE BY THE HRA BOARD ON JULY 18, 1989. 1 AM WRITING A LETTER TO ASK THAT THEY RECONSIDER THE ACTION TAKEN ON MY TAX INCREMENT FOR THE JELLYSTONE CAMP-RESORT. I WOULD LIKE TO GET ON THE AGENDA FOR THE NEXTMEETING. I STARTED MY PROJECT NINE YEARS AGO, AND AT THAT TIME THERE WAS NOT EVEN A ROAD GOING TO THE METRO WASTE CONTROL BUILDING. I HAVE WIDENED EASEMENTS BECAUSE THINGS LIKE THE FORCE MAIN WERE NOT EVEN IN THE EASEMENT GIVEN THEM. WE PAID$137,000.00 TO PUT IN CURB AND ROADS TO THE PROPERTY. WE SPENT THOUSANDS OF DOLLARS TO PUT A ROAD INTO THE WASTE CONTROL SITE. FILL IN THE SITE AND PUT IN A PARKING LOT. I HAVE NEVER RECEIVED INDUSTRIAL REVENUE BONDS LIKE MY NEIGHBOR OR ANY KIND OF HELP. I WAS TOLD THAT I COULD GET TAX INCREMENT HELP IF I WOULD IMPROVE ON THE PROPERTY SO IT WOULD BE ABLE TO GENERATE INCOME AND IMPROVE THE TAX BASE. I DO NOT HAVE TO GO THROUGH DETAILS AS TO THE AMOUNT OF PROBLEMS I HAVE GONE THROUGH TO GET THE FINANCING FOR THE PROJECT I DID GET THE FINANCING FROM INVESTORS CREDIT TO FINISH THE JELLYSTONE RANGER STATION. MUCH OF THE TAX INCREMENT WILL BE FOR ROAD IMROVEMENTS AND SITE PREPARATION FOR THE MINIATURE GOLF, FENCING IN METRO LIFT STATION, LAND PAYBACK, AND ROAD IMPROVEMENTS OVER BRIDGE. WE SPENT AROUND $17,000.00 TO CITY TO GET THE BONDS SOLD AND AROUND$8,000.00 FOR LETTERS OF CREDIT, INTEREST, AND ATTORNEY FEES TO GET $500,000.00 OF TAX INCREMENT BONDS SOLD, $230,000.00 WAS TO GO FOR MOTEL EXPANSION, $100,000.00 FOR CAMPGROUND IMPROVEMENTS, AND $170,000.00 TO IMPROVE BLUFF AVENUE. WE SPENT ABOUT $25,000.00 TO SELL $500,000.00 IN BONDS AND ARE ONLY ASKING FOR $100,000.00 WORTH OF BONDS THAT ARE ALREADY SOLD. I COULD NOT GET THE TAX INCREMENT PREVIOUSLY BECAUSE I COULD NOT GET THE LOAN AND NOW WHEN I HAVE A LOAN, THE INDICATION IS THAT i DO NOT NEED THE TAX INCREMENT. I COULD NOT GET AS BIG A LOAN AS I NEEDED AND I NEED THE TAX INCREMENT MORE THAN EVER. WE HAVE PAID THE COST FOR THE BONDS SOLD AND THE MONEY IS ALREADY THERE. THE PROJECT QUALIFIED WHEN THE BONDS WERE SOLD. WHEN THE PROJECT IS COMPLETED, THERE WILL BE AROUND 50 PEOPLE EMPLOYED, WE HAVE PAID THE PRICE OF WAITING, THE COST OF SELLING THE BONDS, AND ARE ASKING FOR ONLY A FRACTION OF THE BONDS SOLD. 1, WALLACE D. BAKKEN, AM ASKING THE SHAKOPEE HOUSING AND REDEVELOPEMENT AUTHORITY TO RECONSIDER THE ACTION TAKEN JULY 18,1989. IF THERE IS A PROJECT THAT NEEDS HELP, THIS ONE MUST QUALIFY. WE HAVE WORKED HARD TO GET SOMETHING DECENT AND FAMILY ORIENTATED PUT TOGETHER AND WOULD APPRECIATE SOME HELP. SINCERELY, WALLACE D. BAKKEN OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL AAT. REGULAR SESSION SHAKOPEE, MN JULY 11, 1989 Mayor Lebens called the meeting to order at 7:00 p.m. with Cncl. Vierling, Scott, Zak, Clay, and Wampach present. Also present were Dennis Kraft, Acting City Administrator; David Hutton, City Engineer; Judith Cox, City Clerk; and Julius A. Collar II, City Attorney. Vierling/Clay moved to recess for Housing and Redevelopment Authority meeting. Motion carried unanimously. Wampach/Vierling moved to reconvene to City Council at 7 : 13 p.m. Motion carried unanimously. Liaison reports were given by councilmembers. Cncl. Scott brought up the issue of dangerous dogs such as pit bulls within the City limits. There is nothing in the City ordinance pertaining to dangerous dogs. Discussion ensued on - drafting an ordinance regarding the keeping of these dogs by residents. Clay/Scott moved to have staff review Minneapolis legislation concerning dangerous dogs and come back with some wording for a new ordinance for the City of Shakopee. Motion carried unanimously. Scott/Vierling directed the City Administrator to talk with Police Chief regarding controlling pit bulls until an ordinance is adopted. Motion carried unanimously. Scott/Zak moved to have a letter of appreciation be sent to Tom Brownell, Chief of Police; Earl Fleck, Juvenile Officer; and Cora Hullander, Building Secretary. Motion carried unanimously. Clay/Vierling moved to approve the consent business. Roll Call: Ayes: Unanimous Noes: None Motion carried. Clay/Vierling moved to approve the minutes of June 19th and 20th, 1989. (Motion approved under consent business) . Clay/Vierling moved to receive and file the letter dated June 22, 1989 from Harold and Carol Armstrong regarding the recent recall vote of the school referendum. (Motion approved under consent business) . Clay/Vierling moved to accept the resignation of Tom Brownell, Chief of Police, with regrets effective July 21, 1989. (Motion approved under consent business) . Proceedings of the July 11, 1989 City Council Page -2- Clay/Vierling moved to accept the resignation of Earl Fleck as Juvenile Officer with the Shakopee Police Department, with regrets effective July 31, 1989. (Motion approved under consent business) . Clay/Vierling moved to accept the resignation of Cora Hullander with regrets and authorize the filling of the position. (Motion approved under consent business) . There will be a Joint Council/SPUC meeting on July 18th at 5:30 P.M. Cncl. Vierling, Zak, Wampach, Scott and Clay will attend. Clay/Vierling moved to authorize the Shakopee Softball Association, in consultation with appropriate staff, to hire an electrical engineer lighting consultant, at no City expense for the purpose of preparing a lighting plan for Tahpah Park Softball Fields. (Motion approved under consent business) . Clay/Vierling moved to authorize the police department to hire one police officer to fill the position vacated by Officer Earl Fleck. (Motion approved under consent business) . Clay/Vierling moved to appoint Assistant Chief John DuBois as Acting Police Chief for the City of Shakopee beginning July 21, 1989 at 4:30 p.m. Motion carried unanimously. Clay/Vierling moved to authorize the Police Department to purchase one warning siren using budgeted 1989 capital equipment funding. (Motion approved under consent business) . Clay/Vierling moved to declare the following property surplus and that it be sold by auction or bids. 1982 Aries - Blue #1B3BD26DXCF1', 0694 1982 Aries - Brown #1B3BD26B3CF170695 1980 Oldsmobile - Green #3R69FAM447987 1984 Honda - 4 Wheeler 1947 American Lafrance - Red #L3224 Hose Expander (Motion approved under consent business) . Clay/Vierling moved to authorize payment of $500.00 to Arthur J. Hatch in partial compensation for the appraisal he obtained from Newcombe & Hansen Appraisals, Inc. (Motion approved under consent business) . Discussion ensued on prohibiting promoting a public nuisance as it relates to moving a structure onto vacant property and letting it sit there. The City Attorney reviewed what the definition is of a public nuisance as opposed to disorderly conduct which is Proceedings of the July 11, 1989 City Council Page -3- already provided for in the City Code. Consensus was to let the ordinance remain as is except to fine violators everyday they are in violation. The City Clerk reviewed the present licensing fee structure as written in the City Code. The League of Minnesota Cities has informed her that other cities do prorate license fees on a month to month basis. Cncl. Clay said he would like one flat change so that the City's expenditures will be covered. Clay/Scott moved to prorate liquor license fee to the month with a minimum of 1 month fee retroactive to July 1, 1988. Roll Call: Ayes: Cncl. Clay, Scott, Zak and Mayor Lebens Noes: Cncl. Wampach and Vierling Motion carried. Dennis Kraft said the requests for proposals were sent out to several major accounting firms for the purpose of determining why property taxes rose during the past year. Two proposals were received. The cost of the study will be $103 , 000 and the City would be expected to pay 1/3. Independent School District $720 voted against funding it at this time because of their financial condition. The County Board tabled the item until the Prior Lake/Savage School District can make a decision whether or not they would like to participate in this study. Cncl. Vierling said she has a problem with another school district taking part in a study such as this because the problems are totally different. Mayor Lebens felt that the study was not necessary and it would be a waste of money for the taxpayers. Scott/Wampach moved to table taking action on the proposals received for the property tax study until the County Board makes a decision on what they intend to do. Motion carried with Council Clay opposed. Scott/Zak moved for a 10 minute recess. Motion carried unanimously. Zak/Clay moved to reconvene at 8:40 p.m. Motion carried unanimously. Vierling/Wampach moved to approve the St. Francis Ambulance Agreement for the provision of ambulance services for the period from July 1, 1989 through June 30, 1992 ; and authorize the proper City officials to execute the agreement. Roll Call: Ayes: Unanimous Noes: None Motion carried. The City Engineer reviewed the preliminary layout for the interchange of CR-18 and the Shakopee Bypass from Scott County. He said MnDOT has not approved this layout as yet. He addressed a number of concerns he has regarding the layout saying the cost Proceedings of the July 11, 1989 City Council Page -4- is high and it takes up a tremendous amount of land. Cncl. Vierling had a concern on protecting Valleyfair and Canterbury Downs and other businesses along that stretch. Consensus was to have the City Engineer submit a letter to the Scott County Highway Engineer regarding the City Council's concerns on the proposed interchange layout for County Road 18 and the Shakopee Bypass and stating that the Council believes that the original plan is adequate at this time and that they don't want any delays to the project. Clay/vierling moved to authorize the City Engineer to include storm sewers in the final design for the Alley in Block 81, to be funded out of the Storm Sewer Utility Fund. (Motion approved under consent business) . - The City Engineer reviewed the removal of a sidewalk at 238 E. 4th Avenue. He said Mr. Buesgens had removed and replaced the sidewalk in front of his property because it was considered a hazard. He is asking the City to reimburse him 50% of his cost based on the new ordinance, however, the new ordinance was not in effect when the work was done. The sidewalk was in extremely had condition. The new sidewalk has been approved by the City and it is his recommendation that the City reimburse Mr. Buesgens 50% of his cost which is $246. 10 . Clay/Vierling moved to authorize the appropriate City staff to reimburse Mr. Buesgens of 238 E. 4th Avenue an amount of $246 . 10 to cover 50% of the sidewalk replacement costs at the same address. The funds should come out of the General Contingency Fund. Roll Call: Ayes: Cncl. Clay, Vierling and Mayor Lebens Noes: Cncl. Wampach, Scott and Zak. Motion fails. Cncl. Zak said he feels that Mr. Buesgens should be entitled to 100% reimbursement since he cleaned up a safety hazard for the City. Zak/Scott moved to authorize the appropriate City staff to reimburse Mr. Buesgens of 238 E. 48th Avenue an amount of $492 .20 to cover 100% of the sidewalk replacement costs at the same address. The funds should come out of the General Contingency Fund. Roll Call: Ayes: cncl. Wampach, Scott and Zak Noes: cncl. Clay, Vierling and Mayor Lebens Motion fails The City Engineer recommended that out of a good faith effort they reimburse Mr. Buesgens 50% because the sidewalk has been replaced properly and approved. Proceedings of the July 11, 1989 City Council Page -5- Vierling/Clay moved to authorize the appropriate City staff to reimburse Mr. Buesgens of 238 E. 4th Avenue an amount of $246. 10 to cover 50% of the sidewalk replacement costs at the same address. The funds should come out of the General Contingency Fund. Roll Call: Ayes: Cncl. Vierling, Clay, Scott, Wampach and Mayor Lebens Noes: Cncl. Zak Motion carried. The City Engineer reviewed the revisions received from MnDOT regarding the Shakopee Southerly bypass. He said they have revised their cost estimate from $23 million to $34 million. They have scaled back their project substantially from the layout approved by Council in 1978. He said he is concerned that the finished bypass will not be adequate enough to handle the volumes of traffic that currently exists on Hwy 169 and traffic will still continue to use the old 169 through downtown. Clay/Scott moved to direct the appropriate city staff to send a letter to MN/DOT District Engineer, Bill Crawford, expressing the Council's opposition to recent cutbacks regarding the Shakopee Bypass. Motion carried unanimously. Vierling/Clay moved to approve the bills in the amount of $2,874,766. 19 . Roll Call: Ayes: Unanimous Noes: None Motion carried. Scott/Zak moved to appoint Dennis Kraft as Shakopee City Administrator and make his salary retroactive to what is agreed upon within a contract, the details of which are to be worked out. Roll Call: Ayes: Unanimous Noes: None Motion carried. Scott/Vierling moved to authorize the City Attorney to pursue condemnation and demolition of the resident at 211 Fillmore Street, Shakopee, as recommended by the Building Official and that the Building Official may quit said action if the conditions prompting the condemnation are abated by the owner of record which satisfy the Uniform Housing Code, and City Ordinance. Motion carried unanimously. Vierling/Clay offered Resolution No. 3076, A Resolution Authorizing the Sale and Issuance of Industrial Development Revenue Bonds under the Municipal Industrial Development Act and Approving and Authorizing the Execution of Documents (MEBCO) , and moved its adoption. Roll Call: Ayes: Cncl. Zak, Vierling, Clay, Wampach and Mayor Lebens Noes: Cncl. Scott Motion carried. Proceedings of the July 11, 1989 City Council Page -6- C1ay/Vierling offered Resolution No. 3074 , A Resolution Declaring the cost to be Assessed and Ordering the Preparation of Proposed assessments for 11th Avenue Street and Storm Sewer Construction Project No. 1988-5, and moved its adoption. (Motion approved under consent business) . Clay/Vierling offered resolution No. 3073, A Resolution regarding Negative Declaration of Need for an Environmental Impact Statement for the Upper Valley Drainage Storm Sewer Project, Project No. 1987-5 and moved for its adoption. (Motion approved under consent business) . Clay/Vierling offered Resolution No. 3077, A Resolution Declaring the cost to be Assessed and Ordering the Preparation of Proposed Assessments for Vierling Drive from County Road 17 Easterly for plus or minus 3200 feet, Project No. 1988-1, and moved its adoption. (Motion approved under consent business) . Vierling/Wampach offered Resolution No. 3078, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 1989 Pavement Preservation Program - Sealcoating Project No. 1989-10, and moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Clay offered Resolution No. 3075, A Resolution Receiving a Report and Calling a Nearing on Improvements to Boiling Springs Lane, Project No. 1989-9 and moved for its adoption. Motion carried unanimously. Clay/Vierling offered Resolution No. 3080, A Resolution Accepting Bid on Upper Valley Drainage Project No. 1987-5 and award the contract to Barbarossa and Sons, Inc. , 11000 93rd Ave. MN. , Osseo, MN 55369 and moved for its adoption. (Motion approved under consent business) . Clay/Vierling Offered Resolution No. 3079, A Resolution Accepting Bid on Third Avenue Reconstruction Project No. 1989-5 and award the contract to Barbarossa and Sons, Inc. , 11000 93rd Ave. , Osseo, MN 55369, and moved for its adaption. (Motion approved under consent business) . The City Clerk reviewed the deferment of special assessments for senior citizens and said that she believes the City Code should be updated. Vierling/Clay Offered Ordinance No. 268, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 2 Entitled "Administration and General Government" by Adjusting the Assessor's Market Value as set by Section 2 .82 D and Amending Gross Asset Figure as Setout in Section 2.82 C and by Adopting by Proceedings of the July 11, 1989 City Council page -7- Reference Shakopee City Code Chapter 1 and Section 2 .99 which Among other things Contains Penalty Provisions, and moved for its adoption. Motion carried unanimously. The City Clerk reviewed the On Sale 3 .2 Beer License by Damile Inc. , which was tabled at the last meeting. He said the property is not owned by the applicant and so the issue of the tax payment is a mute point because the applicant has no control over the payment of taxes. The Council had a concern on the fact that the taxes have not been paid On this property. Consensus was to require that the deed be brought in for inspection by the applicant. Cncl. Scott felt that the taxes should be paid in order for a license to be issued. Clay/Wampach moved to remove the application for an On-sale non- intoxicating malt liquor license from Damile, Inc. , 2400 East 4th Avenue, from the table. Motion carried unanimously. Scott/Wampach moved to not issue a license until the taxes have been paid. Motion fails with Cncl. Vierling, Zak and Mayor Lebens opposed. Vierling/Zak moved to table the application from Damile, Inc. for an On-sale Nonintoxicating Liquor License. Motion carried unanimously. Vierling/Wampach moved to reconsider the motion of June 19, 1989, to give the Scouts $5, 000.00 of the $7,500. 00 the Scouts had turned back to the City. Motion carried unanimously. Vierling/Wampach moved to amend the motion to issue a check in the amount of $5, 000.00 to the Youth Organizations Building Fund. Roll Call: Ayes: Unanimous Noes: None Motion carried. Scott/Vierling. moved to adjourn to July 18, 1989, at 5:30 p.m. Motion carried unanimously. Meeting adjourned at 10: 00 p.m. Ju S�C� Clerk Carol Schultz Recording Secretary a STATE OF MINNESO'T'A Omm OF T GOVEItNOft CONIsaa ST. PAUL 55155 RUDY PERPICH GOVERNOR duly 17, 1989 Dear Transportation Supporter: We wish to thank you for your ongoing support of transportation. For the second consecutive year the State Legislature passed a substantial transportation funding bill. This bill provides an additional $67.8 million for Minnesota's highways and transit systems. As a result of this legislation, we can continue: (1) reducing spring road weight restrictions; (2) rebuilding and repairing highways and bridges; (3) improving access to communities throughout the state; (4) stimulating economic development; (5) managing urban traffic; (6) assisting older citizens and disabled people; and (7) enhancing safety for those who travel on our highways. This law will also enable the Minnesota Department of Transportation to more adequately address the needs of low volume roads in Minnesota. This bill will create approximately 3,000 highway construction jobs in the state and will increase revenue for township roads from $9 million to $18 million. This important legislation received strong bipartisan support from all areas of the state. Transportation is critical to Minnesota's future. This till will keep us moving forward. S4E'RYPI LEONARD W. LEVINE Governor Commissioner Action Recommended: Acknowledge letter dated 7/17/89 from Governor Perpich regarding the State Legislature's transportation funding bill. AN EQUAL OPPORTUNITY EMPLOYER 8� OFFICE OF THE ADMINISTRATOR ®1�9 ��NT SCOTT COUNTY COURTHOUSE 110 SHAKOPEE, MN.55379-1382 (612)937-6100 JOSEPH F.RIES Administrator CLIFFORD G.MCCANN Deputy Administrator BARBARA NESS Executive Asst. July 14, 1989 Mr. Dennis R. Carson, CPA Vice President and Director Olsen, Thielen 6 Co. LTD. Certified Public Accountants & Consultants 6640 Shady Oak Road Eden Prairie, Minnesota 55344 Re: An Analysis of the Property Tax Situations and Practices of Certain Scott County Taxing Jurisdictions Dear Mr. Carson: Thank you for appearing before the Joint Committee on June 26, 1989, in response to our Request for Proposals on the above noted study. The committee was extremely impressed with the quality of your proposal, the professional manner in which it was presented and the excellent credentials of your firm, and by consensus, agreed to recommend to the respective governing boards of the Joint Committee jurisdictions, the engagement of Olsen, Thielen 6 Co., LTD to conduct the study. Unfortunately, our joint recommendations were rejected by the ISD #720 Board of Education on July 10, 1989 only because severe financial constraints preclude their being able to pay for their share of the study. However, the same recommendations went before the Scott County Board of Commissioners and the Shakopee City Council the next day, and in both cases, were tabled pending full participation in and the sharing of costs for the study. While this situation may present a rather bleak prospect of the study ever being commissioned, continuing efforts on the part of the Joint Committee will be made towards seeking funding for this project. In the interest of providing us adequate time for our salvage efforts, I am requesting herewith, the consideration of your firm towards extending the conditions of your May 30, 1989 proposal to September 1, 1989. May I have your written response to this request at the earliest practicable date. This will confirm our telephone conversation earlier today. An Equal Opportunity Employer I will take this opportunity to thank you on behalf of the Joint Committee and its sponsoring governmental units for responding to our Request for Proposals and for the genuine interest your firm demonstrated in conducting this study. Notwithstanding your response to the above request, your proposal will remain in our active files where we will not hesitate to consult it when similiar needs arise in the future. S' rely, l >, o p F. Ries 4 A inistrator cc: Dr. Gayden F. Carruth, Superi dent of Schools, ISD 720 Dennis R. Kraft, Shakopee City Administrator Norbert Theis, Chairman, Jackson Township Board of Supervisors William Dellwo, Chairman, Louisville Township Board of Supervisors File JFR:bn Recommended Action: Acknowledge receipt of a letter dated 7/14/89 from Joseph F. Ries, County Administrator, to Mr. Dennis R. Carson, CPA, Olsen, Thielen and Co. LTD, asking the extension of conditions of their May 30, 1989 proposal on property tax situations to September 1, 1989. �)r' TRANSPORTATION STUDY BOARD ® Tom L. Johnson, Executive Director(612)2967932 Mary Beth Davidson, Administrative Assistant G-24 State Capitol, St. Paul, MN 55155 NOTICE OF IMPORTANT PUBLIC MEETINGS (2 LOCATIONS) Executive Committee Rep. Henry Kalis Chair,Walters MINNESOTA'S TRANSPORTATION STUDY BOARD Sen.Keith Langseth ViceChair,Glyndm Kerry Van Fleet Secretary,Fridley WHAT DO YOU ENVISION MINNESOTA'S TRANSPORTATION SYSTEM TO BE IN THE 21ST CENTURY? Legislative Members Sen. Clarence Purfeerst Faribault The Transportation Study Board will be developing a Sm. P� � y" "fry major legislative proposal for the 1991 Session aimed at Sen. Lyle Melukens our surface transportation needs into the 21st century. Red Wing Rep. Jim Rice Local government participation is essential since Facility Minneapolis and Financial Needs at the local level will be carefully Rep. Bernie Leder considered b the Stud Board. It is im y Crookston b attending. If you wish to u Rep. Sidney Pauly participate Y g• Y pre- Eden Prairie sentation please contact Tom Johnson in advance of the meeting (296-7932) . Public Member, Warren Affeldt TUESDAY, AUGUST 8, 1989 Fosston Paul Bailey 7.00 P.M. Minneapolis Fred Corrigan Prior Lake KNIGHTS OF COLUMBUS HALL Jack Fitaaimmons Waeera 1760 4TH AVENUE EAST Ray Hogan St. Pau SHAKOPEE, MINNESOTA Gladys Johnson Duluth BIRKomarekl WEDNESDAY, AUGUST 9, 1989 Belle Plaine She.Liimataineo 7:00 P.M. Cloquet Bruce Nawrocld Columbia Heights SPRING LAKE PARK HIGH SCHOOL, FINE ARTS CENTER Abe Rosenthal St. Paul 8000 Hwy. 65 (take Hwy. 65 to 81st Ave. N.E. Robert ScMagel go West on to Frontage Road) SPRING LAKE PARK, MINNESOTA Marshall Ph..Zak Little Fall. Additional public meetings are being planned for: Fergus Falls--Sept. 19, Brainerd--Sept. 20, Duluth--Oct. 24 St. Paul--Oct. 25, Mpls.--(date undetermined), Crookston-- (date undetermined) . The Public is invited to attend and encouraged to come and make presentations before the Board. P»emd an,ayrJed Asper TRANSPORTATION STUDY BOARD Tom L. Johnson, Executive Director(612)2967932 Mary Beth Davidson, Administrative Assistant G24 State Capitol, St. Paul, MN 55155 Executive Committee Rep. Henry Kane Dear local Government Official: Chair,Walters Sen. Keith r,Glynth The Transportation Stu Board is a legislative eanmission, V.Keitsir,Glyndon Study eg Kerry Van Fleet created during the 1988 Session, to conduct a study of Minnesota's Secretary,Fridley surface transportation needs into the 21st century. In addition to 8 legislators, the Study Board has 13 citizen members repre- senting many different interests and backgrounds. Legislative Members Sen. Clarence Pnrfeerst The Transportation Study Board. is required red to reeamn-3 a program, Farioaalt for malting surface transportation improvements, to the Governor San.Marilyn Lantry and the legislature by January 15, 1991. The u St. p..] Study Board has Sen. Lyle Mehrkens recently contracted with consultant firms to assist in conducting Red Wing a statewide Needs analysis and in developing a Financial program Rep.Jim Rice to meeting t!ZW needs. Minneapolis Rep. Bemis Lieder Crookston In the end the Study Board is required to determine whether Rep. Sidney Pauly additional funding is required in order to accomplish surface Eden Prairie transportation goals and objectives and to recd mlend the use of possible new sources of revenue. Public Members In doing our cork the enabling legislation requires the Study Warren Affeldt Board to review current state transportation goals and objectives, Foston to look at the current level of service provided and recommend Paul Bailey Minneapolis changes, to review torr state and regional planning is being Fred Corrigan done and to determine the extent to which the state should Prior Lake contribute financially to local and regional transportation Jack Fisaammme. activities. Wassra Rei p°ul" we are also required to determine whether cost-effectiveness Gladys Johnson would improve through the increased use of public/private partner- Duluth ships, through different methods of relating expenditures to Bill Komarek, benefit and through changes in staffing levels at Mn/DOT. Belle Plaine The Study Board will also be looking at design standards and S CLonnummen louser bid-letting procedures with an attempt to improve cost effective- Brute NeI1PSS. Columbiabia Heights Ane Rosenthal Our charge is very broad and yet cosy critical to the future St. Paul of transportation in Minnesota. 61e w 11 be making meaningful RoMarshallbert schlagel reconue dations for changes during the 1991 legislative Session. Ph..Zak Rectmmended changes will relate to tow decisions in transportation Little Fall. are currently being node, tow current financing methods compare with our log term needs and tow administrative changes at the state and local level could improve the overall efficiency of our transportation system. Public input and involvement is not only welcomed but considered essential. Please contact our office at the State Capitol anytime. Prinw on mquial paper , , MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Engineer SUBJECT: Downtown Streetscape Project No. 1987-2 DATE: July 25 , 1989 INTRODUCTION: The public hearing for the special assessments for the Downtown Streetscape Project has been continued until August 1 , 1989 . BACKGROUND: On June 13 , 1989 the City Council held a public hearing on the special assessments for the Downtown Streetscape Project . At that public hearing , staff responded to several questions raised by the property owners from the project area but in general that proposed assessments were accepted by the City Council . The Council did discuss eliminating the proposed deferment of the assessments for residential properties, and therefore decided to continue the public hearing until July 20 , 1989 for the purpose of allowing the property owners affected by that change in policy to be notified. At the July 20 , 1989 public hearing staff presented several options regarding the deferment policy These alternatives included eliminating the credits for street oversizing, deferring the assessments with interest and deferring the assessments with no interest . At our last meeting , Council directed staff to revise the assessment roll to eliminate the residential credits for street oversizing and maintain the deferment policy. Council also indicated that the deferred assessments shall accrue an annual interest during the deferment period. By eliminating the residential credits for street oversizing , the assessments for all residential properties increased around 8-9% . The increase ranged from $75 .00 to $359 .00 depending on the size of a lot, but for a standard size City lot (60 Ft. x 142 ft. ) the increase was $156 .00 . The increase affected 17 properties . At the July 20 , 1989 public hearing , there were several other adjustments to certain specific assessments discussed. Staff was directed to research these adjustments and report back to Council. The following relate to those specific properties where adjustments may be necessary: Sawvell/Soraaue Parcels (Lots 6. 7 . 8 of Block 25) These 3 parcels are located on the south side of 1st Avenue , between Sommerville and Spencer Streets at the far east end of the project. Mrs. Sawvel stated at the hearing that she did not feel her lot should be included in the assessment area due to the fact that her lot is somewhat removed from the project area and also because she would lose her access to 1st Avenue once the minibypass was built. Council , based on staff ' s recommendation, concurred with Mrs. Sawvel and directed staff to eliminate the easterly 3 lots on this block from the assessment area. (Lots 6 , 7 , and 8 of Block 25) • Staff has eliminated those lots from the assessment area. There are three alternatives for picking up those assessments. The first alternative would be for the City to absorb those assessments. The second would be to spread the cost out to all the other properties in that zone. The third alternative would be to spread the cost out to all properties within the assessment area . If the City absorbed the assessments for these three lots, the total cost to the City would be $5 ,817 .00 . If the costs were spread over all remaining properties in that zone , the assessment for each lot would increase around 10-12% . The increase ranges from $34 .00 to $513 .00 depending on the size of the lot, with a standard size City lot (60 ' x 1421 ) increasing by $228 .00 . Staff recommends Alternative No. 3 , spreading the assessments out over all remaining properties within the assessment area for the following reasons. First, the adopted assessment policies state that only 25% of the street rehabilitation costs would be assessed and this assessment would be spread out over all properties in the benefitted area. The fact that the assessment area is being revised should not result in the City paying more costs for this project. As indicated earlier by staff, only 8 .7% of the total project costs are being assessed . The remainder is being funded by the City spreading these assessments out over the remaining properties is simply conforming to the assessment policies adopted by the City Council . If the correct assessment area had been utilized in the first place, the assessments would have been spread out over all the properties anyway . Gilles Property (Block 20) Again the assessment area was adopted by City Council at the beginning of the project and included all of the Gilles property and railroad property, which extends all the way to Scott Street. Mrs. Gilles informed Council that she fe:Lt the area used for her assessment should not be the entire lot, but rather use the same depth of her lot as exists for the properties north and south of her. Council , based on staff' s recommendation, concurred and directed staff to revise the area used to calculate the assessments for both the Gilles and railroad properties. Staff has made those adjustments. The area used for the Gilles property was changed from 12 ,369 sq. ft. to 8 ,067 sq . ft. The area for the railroad property was changed from 20 ,926 sq. ft. to 8 ,973 sq . ft. The front foot assessment (70% ) did not change . Again , there are three alternatives for picking up the assessments due to the change in area, either spread them out over all properties , spread them out over the zone or the City picks them up. Based on the previous discussion regarding the Sawvell/Sprague assessment, staff is recommending that the assessment be spread out over all other properties in order to be consistent with the assessment policies. Again, if the correct area of these lots had been used from the start, the costs would have been spread out. Staff would also like to point out that only 25% of the pavement , curb & gutter and sidewalk costs are being assessed. None of the streetscape items , sewer , water , etc . are being assessed . PearSQn'S Credit for Sidewalk Mr . Pearson had previously submitted correspondence to Council requesting that a credit be given to his assessment for new sidewalk that was replaced . His sidewalk was only 6 years old at the time of replacement. Per Council directive , staff has adjusted Mr . Pearson ' s assessment to give him a $248 .00 credit for the relatively new sidewalk that was replaced. Ries/Schmitt Parcels The assessment policies state that the assessment shall be based on a 70% front foot/30% square foot formula . In addition , it states that for every property, the front foot portion of the assessment shall be based on the shortest distance along any street as the adjusted front footage. This distance is then adjusted such that each lot' s shortest frontage is apportioned over the total "shortest" footage of all lots in that block. The rationale for this policy was to make the assessments fair for all properties, including corner lots and the numerous small lots located in several of the blocks. By using these policies , the adjusted front footage of the Schmitt' s parcel is 67 .6 feet. The adjusted front foot for the Ries parcel is 60 .0 feet. So the Schmitt parcel actually has a greater frontage than the Ries parcel as far as the assessment goes , which contributed to the Schmitt assessment being the higher of the two . The other factor is that those properties located adjacent to 2nd Avenue (adjacent includes all properties located between the alleys and 2nd Ave. ) paid a proportionately higher assessment per front foot than those properties located on 3rd Avenue. The main reason being that those properties on 2nd Avenue received both an assessment for the street fronting their house and a "zonal" assessment for the side streets. The properties on 3rd Avenue only received a zonal assessment for the Downtown Project. But those properties on 3rd Avenue will also be receiving another assessment for the 3rd Avenue Project being constructed this year. The total of those two assessments on the Ries property will be nearly identical to the single assessment that Mr . Schmitt is receiving for the Downtown Project. Mr. Schmitt' s assessment is $4 ,396 .00 , Mr. Ries' s assessment from the Downtown Project is $2 ,364 .00 and they will be receiving another assessment of approximately $1 ,600 .00 with the 3rd Avenue Project for a total of $3 ,964.00 . Staff hopes the above discussion explains the difference in assessments between these two parcels. Staff does not recommend any adjustments to the Schmitt assessment. because that would not be fair to all of the other properties which were assessed using the adopted policies. If Council has no other questions or comments , attached is Resolution No . 3071 which adopts the assessments for this project . The assessment roll was prepared based on the recommendations contained in this memo. Assessment ADDeal3 Staff has received two written appeals on the proposed assessments and these letters are attached for Council review. ALTERNATIM: 1 . Adopt the proposed assessments by Resolution No. 3071 . 2 . Deny Resolution No. 3071 . 3 . Continue the public hearing in order to make adjustments to the proposed assessments based on public testimony received . RECOMMENDATION: Staff recommends Alternative No . 1 , to adopt the proposed assessments as listed in Resolution No. 3071 . ACTIOB REQUESTED: Offer Resolution No. 3071 , A Resolution Adopting Assessments for Downtown Streetscape, Phase I Parts i and 2 , Project No. 1987-2 and move its adoption. DH/pmp RESOLUTION NO. 3071 A Resolution Adopting Assessments Downtown Streetscape Phase I, Parts 1 and 2 Project No. 1987-2 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Downtown Streetscape Project Phase I , Parts 1 and 2 Includes the following streets: 2nd Avenue, from Sommerville to Atwood Atwood Street, from 1st Avenue to 3rd Avenue Fuller Street, from 1st Avenue to 3rd Avenue Holmes Street, from 1st Avenue to 3rd Avenue Lewis Street, from 1st Avenue to 3rd Avenue Sommerville Street, from 1st Avenue to 3rd Avenue By street lighting, sidewalk , curb and gutter , pavement, sanitary sewers, watermain, storm sewers, and miscellaneous streetscape items and appurtenances within those project limits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2 . Such assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first installment to be payable on or before the first Monday in January, 1990 , and shall bear interest at the rate of 7 .75 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31 , 1990 , and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may , at any time prior to certification of the assessment to the County Auditor, may pay the whole of the assessment on such property , with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30 ) days from the adoption of this resolution; he may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. A. The Clerk shall file the assessment rolls pertaining to this assessment in his office and shall certify annually to the County Auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. BE IT FURTHER RESOLVED: 1 . That such proposed assessments together with any amendments for all those properties currently in use as residential properties, shall be deferred without interest until such time as those properties are converted to commercial uses. The said deferred residential properties are marked ndeferredn on the aforementioned proposed assessment, a copy of which is attached hereto and made a part hereof. 2. The deferred assessments will be subject to the same conditions and interest rate as listed above in this resolution except that the first installment is payable on the first Monday in January of the year following the date the deferred assessments cease. Interest will accrue on an annual basis on the assessment during the life of the deferment. 3. The assessment will be deferred a maximum of 10 years or until the properties are converted to commercial use , whichever comes first. 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 March 5 , 1987 Attachment # 7 Proposed Assessment Policies Downtown Streetscape Project 1. The assessment district should include all parcels bounded by Atwood (both sides of the street) an the west, the North side of Third Avenue an the South, Sommerville on the East including the west side of Spencer abutting First Ave. an the East and the alley alignment between First Avenue and Levee Drive on the North. In addition, it includes parcels on the West side of Atwood that have front footage on said street. 2. The assessment policy shall use the shortest distance along a street as the front footage. 3 . Each parcel shall receive a separate assessment. 4. city use and other parcels owned by non-profit entities will be considered as commercial for assessment purposes (consistent with other city assessment practices) . 5. Street Rehabilitation assessments on single family and two family residential properties within the assessment district 's shall be deferred with no interest until property is converted to commercial use. These assessments shall be paid for initially from tax-increment proceeds or other funds until the conversion use occurs. 6 . Any city parking lot shall not be assessed but the cost for those areas shall be paid for from tax-increment proceeds. 7 . The 70% FF/308 square foot formula shall be utilized for assessment purposes. 8 . 25% of street rehabilitation project cost will be assessable to the property owners. 9 . The entire streetscape portion of the project cost shall be paid for from tax-increment proceeds. C rL. LL cz n T \J 3 T o A � \N N O 1A1 o M � "� N C ' a N 1 ` � T fn � � 64 � L b C m a cli /1 0 fes. Ql � u co C: + r =3 n zCQ a 0 \ I- LLL — N, co Ci m m 0) +� +r 92 N co UU � LLQ NCl) Cl C C o m r- CO c c� m �O m ° C \ gAolla 40 JUL 1 C 1989 _ . Gla f OF SHAKOPEE L ,iL 1 HA Judith S. Cox C;T,! City Clerk City Of Shakopee July 19 1989 Be advised That we intend to appeal the: assessment for improvements on our property at 212 Atwood St for downtown streetscape project 1987-12. Parcel number 27-00126$-0 assessment of 4,061.00 Signed. ASSESSMENT TABLE Page 1 1 I PID I PROPERTY OWNER 1 DESCRIPTION 1 ASSESSMENT 1 i ;American Oil Co. !N 100 ' of Lots ! $3 ,619.00 127-001130-0 1 15001 W. Both St./Suite 881 16&7 , Blk. 20 1 i ! 1Mpls. , MN 55437-5435 ; 1 ; 127-001135-0 ;Richard Stoks lP.0.1 -3 ,Blk. 21 ; $4,944 .00 ; 1 ;P.O. Box 65 !Lying N' rly of 1 ! !Shakopee, MN 55379 1Ln Beg 110 .17 1 ! 1 IS of NW Cor 1 1 i ; ! ISE to Pt 138.851 ! 1 1S of NE Cor 3 1 ! ! ; ! ! ' 127-001140-0 !Gary & Randolph Laurent !Lot 6 , Blk. 21 1 $2 , 167 .00 1 1 1128 S. Fuller i ! ! ! !Shakopee, MN 55379 1 1 ! ! 1 ' ' 127-001141-0 !Michael & Patricia Kikos !Lot 7 , Blk. 21 1 $2 ,167 .00 1 1 1214 W. 1st Ave. ; ! 1 !Shakopee , MN 55379 1 1 1 ! ! i i � 127-001142-0 !Leo McGovern & Wife 1E 3/4 of Lot 8 1 $1 ,625.00 1 ! (DEFERRED) 1218 W. 1st St. ;Blk. 21 1 1 1 !Shakopee, MN 55379 1 1 ' ' i 127-001143-0 !Total Minnesota, Inc. ;Lot 9 , 10 & W1/41 $4,875 .00 ! 1 IP.O. Box 500 - !of 8 , Blk. 21 1 1 ; !Denver, CO 80201 1 1 1 1 127-001151-0 !Ann Golla IN 20 ' of E1/2 1 $1 ,044.00 1 1640 McDevitt St. !of S 1/2 of Lot ! ; 1 !Shakopee, MN 55379 16, Blk. 22 1 1 127-001152-0 !Steven & Brenda Olson !S 1/2 of Lots 1 $2 ,340 .00 1 1 17347 Coleen Circle 16&7 EX N 20 ' of ! ! 1 !Eden Prairie, MN 55346 1E 1/2 of S 1/2 1 1 1 ! !of Lot6 , B1k.22 ; , I i i i i 127-001153-0 !Daniel Colich IN 1/2 of 6&7 Ext $1 , 186 .00 1 1 1124 W. 1st Ave. IN 27 .41of E 8911 1 ! !Shakopee, MN 55379 1Blk. 22 1 ; 127-001154-0 !Arlo Lee IN 27 .4 ' of E89' ! $830 .00 1 1 16512 Creek Drive :of N 1/2 of Lot ; ; ! ! Edina, MN 55435 16&7 , Blk. 22 1 1 ! ! ! ! ' 127-001155-0 !Daniel Colich !Lot 8 , Blk. 22 1 $2 ,167 .00 1 1 1124 W. 1st Ave. ! !Shakopee, MN 55379 ! ! ! jt ASSESSMENT TABLE PAGE 2 : PID i PROPERTY OWNER ! DESCRIPTION ! ASSESSMENT i 127-001156-0 l;Charles & Lola Hensing !Lot 9 Ex W 36 ' 1 $2 ,178.00 1 i 117 S. Fuller 1o£ S 751 ,31k.221 ; : :Shakopee, MN 55379 127-001157-0 :Charles & Lola Mensing !W 36 ' of S 75 ' 1 $2 ,155 .00 1 ! (DEFERRED) 1117 S. Fuller :of 9 & all of 1 : ! !Shakopee, MN 55379 10 , Blk. 22 ! : 127-001164-0 :VFW Post 4046 Shakopee !S 10 ' of N 80 ' 1 $684 .00 1 : : 132 E. First :& W 36 ' of N7011 ! ! !Shakopee, MN 55379 ! of Lot 6 ,B1k.231 ! 127-001165-0 !Bruce Bermel :S 39 ' of 6 & S 1 $1 ,710 .00 1 : ! 6320 Pheasant Court 123 ' of N 103 ' 1 : ! :Edina, MN 55435 :of 6 & E 15' : ! !of S 62 ' of 7 , 1 1 :Blk. 23 ! : 127-001166-0 ! Joseph Topic Jr. 1E 24 ' of N 70 ' 1 $1 ,011 .00 1 : :P.O. Box 317 !of 6 , Blk. 23 1 : ! !Shakopee, MN 55379 127-001167-0 !VFW Post 4046 Shakopee 1E 1/2 of Ex E 1 $1 ,014.00 1 : 1132 E. First 115 ' of S 62 ' ! ! ! !Shakopee, MN 55379 !of 7 , Blk. 23 1 : 127-001168-1 ! Earl & Virginia Dressen :W 1/2 of 7 , 1 $1 ,083 .00 1 : 11529 W. 6th :Blk. 23 ! : : !Shakopee, MN 55379 ! ! ! :27-001169-0 !Arnold Theis :E 26 ' of 8 , ! $939 .00 1 : 1122 E. 1st :Blk. 23 ! : : !Shakopee, MN 55379 127-001170-0 : Joseph & Monica Sullivan 1W 1/2 & W4 ' of 1 $1 ,408.00 ! ! 15133 Dugan Plaza 1E1/2 of 8 & E 1 : : ! Edina, MN 55435 14-5/6' of 9 IBlk. 23 ! ! 127-001171-0 :Bruce Garness & Wife !W 24' of E 28- 1 $903 .00 1 : 11197 VanBuren St. 15/6 ' of 9 , 1 ! ! !Shakopee, MN 55379 :Blk. 23 : : :27-001172-0 Male Huber/King So1 .Lodge !W 31-1/6 ' of 9 1 $1 ,119 .00 : ! 11165 Jefferson lBlk. 23 ! ! ! !Shakopee, MN 55379 ! : ! ASSESSMENT TABLE , PAGE 3 I PID ! PROPERTY OWNER ! DESCRIPTION 1 ASSESSMENT 1 127-001173-0 �!Kevin & Vonda Hogan !W 38 1/21o£ 10 ; $2 ,699 .00 I 1 13005 135th St. lBlk. 23 i : !Burnsville, MN 55337 i ! 127-001174-1 !Rueben Ruehle & Wife !E 21 .5 of Lot10 ! $776 .00 1 1 1108 E. First 131k. 23 1 1 ! !Shakopee, MN 55379 1 1 1 127-001182-0 !Eugene Pearson !Lot 6 , Elk. 24 1 $1 ,919 .00 1 : : RR 1 Boz 251 1 1 1 ! !Jordan, MN 55352 1 1 1 ! ! 127-001183-0 !Steven & Warren Clay !E 27 ' & S 41 ' ! $984 .00 ! 1 1232 E 1st Avenue !of E 30' of 7 1 1 ! !Shakopee, MN 181k. 24 1 1 ! ! 127-001184-0 !Motor Parts of Shakopee !W 1/2 & N 101 ' ! $1 ,189 .00 ! 1 1230 E. First Ave. !of W 3 ' of E ! ! I !Shakopee, MN 55379 130 ' of 7 ,B1k.241 ! 1 ! 1 ! ! 127-001185-0 !Shakopee Bowl, Inc. !Lot 8 , Elk. 24 1 $2, 167 .00 1 1 1222 E. First Ave. ! ! ! ! !Shakopee, MN 55379 ! ! ! , ! ! 127-001186-0 !Richard Hal ver !Lot 9 , Elk. 24 ! $2 ,167 .00 : 1 1460 Great Plains Blvd. ! ! ! 1 ! Chaska , Mn 55318 ! ! ! , ! ! ! ! 127-001188-0 !Terrence Mennen & Wife IN 26 ' of 10 1 $397 .00 1 1 11116 Jackson St. lBlk. 24 1 1 ! !Shakopee, MN 55379 1 1 1 , 127-001189-0 !Wallace Perry IS 21 ' of N 47 ' 1 $321 .00 ! 1 : 834 S. Lewis !of 10 , Elk. 24 1 1 ! !Shakopee, MN 55379 1 1 1 , ! ! , 127-001190-0 !Roman Kopp Jr. IN 35 .45 ' of ! $1 ,822.00 ! 1 1202 N. Water Street IS 95 ' of 10 1 1 : !Northfield, MN 55057 lBlk. , 24 1 1 ! ! ! ! ! 127-001191-0 !Wallace Kopisca IS 59 .55 ' of 1 $1 ,510 .00 1 1 113415 Marystown Rd. 110 , Elk. 24 1 1 : :Shakopee, MN 55379 ! ! ! ! ! ! ! ! , i " ASSESSMENT TABLE PAGE 4 i i : 1 i ! PID PROPERTY OWNER 1 DESCRIPTION 1 ASSESSMENT 1 i i i i i 127-001198-0 ;Norman & Karoline Monroe Lot 9 , Blk. 25 1 $2, 167 .00 1 1 1312 E. First Ave. ; ! 1 I !Shakopee, MN 55379 ! 1 1 i i i 127-001199-0 !David & Catherine Eckart ;Lot 10 , Blk. 251 $2 ,167 .00 1 1 1300 E. First Avenue i i ! I !Shakopee, MN 55379 ' I 127-001128-0 !Hastings & D Railway !Lots 1-3 Ex N ! $3,434.00 1 1547 W Jackson Blvd.P.O.Box 62051P/O 2 & 3 1 1 ! ! Chicago, IL 60680 :Blk. 20 1 127-001129-0 :Edward & Jeanette Gilles 1P/O 2-5 Com NW 1 $4,474 .00 1 1 1126 S. Atwood ;Cor of Lot 1 E : ! : !Shakopee, MN 55379 !on N line of ! : ! 1 11&2 85 to POB 1 1 ' ' IS 37 ' E 15 ' 1 1 ! 1 1207 .13 ' N 80 ' 1 1 ! ! !W 216 .95 ,B1k.201 ! :27-001129-1 :Cy' s Standard Service 1S 42 ' of Lots 1 $2 ,197 .00 1 1 1312 W. First 16&7 , Blk. 20 1 1 ! !Shakopee, MN 55379 1 1 1 I ! ' ' ' 127-001134-0 ! City of Shakopee !Part of Lots 1 $1 ,764.00 1 1 1129 E. First Ave. 11-3 , Blk. 21 1 1 : !Shakopee, MN 55379 1 1 1 127-001144-0 :Art Berens & Sons, Inc. !Lots 1 ,2 ,3 1 $9,653 .00 1 1 1123 W. 2nd 1Blk. 22 1 ! !Shakopee, MN 55379 127-001145-0 !Art Berens & Sons, Inc. 1S 102 ' of 4 1 $2 ,336 .00 1 1 1123 W. 2nd IBlk. 22 1 1 : !Shakopee, MN 55379 1 1 1 ! : ! : : 127-001146-0 !Eugene Brown IN 32' of S 62' 1 $1 ,797 .00 1 1 11661 W 6th Ave. ! of 5 , Blk. 22 1 1 : !Shakopee, MN 55379 1 1 i ASSESSMENT TABLE PAGE 5 I PID i PROPERTY OWNER 1 DESCRIPTION 1 ASSESSMENT 1 i 127-001147-0 :Joseph Topic Jr & Rita :S 1/2 of N 40 ' ! $1 ,345 .00 ! ! l405 E. 11th !of 4&5,Blk. 22 1 !Shakopee, MN 55379 ' i 'N 20 ' of Lots 1 $1 ,352 .00 1 :27-001148-0 :Stalar i , ' 1% Davies, Stanley 14&5 , Blk. 22 1 ' : 927 S. Lewis : ' ' I !Shakopee, MN 55379 ' , i :27-001149-0 ;Mertz-Horeish, Inc. IS 30 ' of 5 ! $1 ,340 .00 ; 1 1140 S. Holmes lBlk. 22 1 I :Shakopee, MN 55379 1 1 1 I ! I ' ' 127-001150-0 !William Daniels IN 40 ' of S 10211 $2 ,291 .00 1 1 :4539 Heritage Hills CR !of 5 , Blk. 22 1 1 I :Bloomington, MN 55437 1 1 1 127-001158-0 !First National Bank Shakopee !Lots 1 ,2 ,3 & 1 $10 ,196 .00 1 1 1129 S. Holmes !W 1/2 0£ S 10211 1 I !Shakopee, MN 55379 !of 4 , Blk. 23 1 1 I I I I 127-001159-0 !William Wermerskirchen !Lot 4&5, Ex N 1 $4,584 .00 1 1 1138 S Lewis 1401 , Blk. 23 1 1 I !Shakopee, MN 55379 1 1 1 I I I ' ' 127-001162-0 !Betti Lu Prow IN 40 ' of 4 & 1 $1 ,678.00 1 1 1126 S. Lewis IS 22 ' of N 40 ' 1 I !Shakopee, MN 55379 :of 5 , Blk. 23 1 1 I I I ' ' :27-001163-0 :Frances Topic IN 18 ' of 5 1 $1 ,223 .00 1 1 1407 E 11th lBlk. 23 1 1 I !Shakopee, MN 55379 1 1 I I I I I 127-001179-0 !Eugene & Esther Brown !Lot 3 ,4 & E 1 ' 1 $8 ,577 .00 1 1 11661 W. 6th Ave . !of 2 , Blk. 24 1 1 I :Shakopee, MN 55379 1 1 1 I I I I I 127-001180-0 !Darrel & Joyce Yohnke :Lot 5 Ex N 1 $2 ,025 .00 1 1 1148 Sommerville 164 1/2 , Blk. 241 1 I :Shakopee, MN 55379 1 1 1 I I I I I 127-001181 -0 !Audrey McGovern IN 11 1/2 ' of S 1 $1 ,689 .00 1 1 1125 W. 10th 179 ' & N 63' 1 1 I !Shakopee, MN 55379 !of 5 , Blk. 24 1 1 I ! 127-001192-0 !Bart Partners !Lots 1 ,2 ,3 1 $9,644.00 1 1 14804 W. 60th St. lBlk. 25 1 1 I ! Edina, MN 55424 1 1 ! I I I I ! i I-;- ! ASSESSMENT TABLE PAGE 6 r I PID PROPERTY OWNER i DESCRIPTION 1 ASSESSMENT 1 127-001226-0 ;Ronald Scherer & Alice !Lot 10 Ex S $2 ,762.00 ; ! (DEFERRED) 11037 Bluff Avenue 124.51 , Blk. 28 1 i !Shakopee, MN 555379 ! I 127-001227-0 !Douglas Culhane 1S 24.5 ' of 10 1 $952 .00 1 12124 Bridge Spur Crossing !Blk. 28 !Shakopee, MN 55379 127-001233-0 1NW Bell Telephone Co./Tax Mgr. !S 12' of Lot 6 1 $679 .00 1 1100 S 19th St. , 91050 1& S 12 ' of E !Omaha, NE 68102 148' of 7 ,B1k.291 127-001234-0 1NW Bell Telephone Co./Tax Mgr. ! N 130 ' of Lot6 1 $6,575 .00 1 1100 S 19th St. , 91050 1& N 130 ' of E 1 1 !Omaha, NE 68102 148' of 7 ,B1k.291 ! r r r r I I I I I 127-001235-0 1NW Bell Telephone Co./Tax Mgr. !W 12' of Lot 7 1 $5 ,602 .00 : 1100 S 19th St. , 91050 :Lot 8 & E 1/3 1 :Omaha, NE 68102 1of 9 Ex RR : !Blk. 29 : r i � 127-001236-0 !Joseph Topic Jr. 1W 2/3 of Lot 9 1 $6,256 .00 1 i 1P.0. Box 317 :Ex RR & all of I !Shakopee, MN 55379 110 , Blk. 29 i r r r r r I I I I I 127-001248-0 !Keith Eastman !S 50 1/2 ' of 1 $3 ,346 .00 1 ! 152752 Thistle Dr. !Lots 6 & P/0 1 i !Fountain Hills, AZ 85268 !Alley abutting 1 1 i : said lots 7 1 : :Blk. 31 ! 127-001249-0 !Veronica Case 1N 91 1/2 ' of 6 1 $4,290 .00 1 ! (DEFERRED) 1210 S. Holmes :Lot 7 Ex RR 1 : !Shakopee, MN 55379 131k. 31 ! i r r r r r I I I I I r i 127-001250-0 !Keith Eastman ILot 8 & P/O 1 $3,614.00 1 1152752 Thistle Dr. !Alley abutting I ; !Fountain Hills, AZ 85268 !the E 20 ' of 8 1 1Blk. 31 ! 127-001251-0 !Marjorie Henderson !Lot 9 , B1k.31 1 $3 ,714.00 1905 S. Holmes !Shakopee, MN 55379 127-001252-0 !Marjorie Henderson :Lot 10 , Blk. 31 ! $3,714 .00 ! : 1905 S. Holmes ! ! ! !Shakopee, MN 55379 ! ! i ASSESSMENT TABLE PAGE 7 , PID i PROPERTY OWNER 1 DESCRIPTION I ASSESSMENT 1 127-001256-0 ;Jerome Wampach :Lots 4 ,5 ,6 i $3,468.00 : 1524 Holmes St :Blk. 32 ' I :Shakopee, MN 555379 I 127-001257-0 ;Jerome Wampach ;Lot 7 , blk. 32 : $3,468 .00 i 1524 Holmes St I (Shakopee, MN 555379 I 127-001258-0 !Thomas Gestach :Lot 8 & E 38' 1 $5 ,663 .00 1 1 1135 Crosstown Blvd. 612 !of 9 , Blk. 32 1 1 1 (Chaska, Mn 55318 1 1 ' I 1 i I 127-001259-0 ; Jerome Wampach :W 22' of 9 & E i $2,139.00 : 1 1524 Holmes St 115 ' of 10 , 1 1 :Shakopee, MN 555379 :Blk. 32 1 1 I : I 127-001260-0 !Daniel Lebens 1W 45 ' of 10 1 $3,004.00 1 1 1207 1/2 S. Atwood :Blk. 32 1 1 I !Shakopee , MN 55379 1 1 1 ! I : i 127-001264-0 !Thomas & Lucille Novitzki IN 62' of Lot 1 $3 ,762 .00 1 ! (DEFERRED) 1208 Atwood 16&7 & W 42 ' of 1 1 I !Shakopee, MN 55379 !of S 80 ' of 7 1 1 I I lBlk. 33 1 I I I 1 , 127-001265-0 !Dennis Schmitt & Wife :S 80 ' of Lot 6 1 $4,396 .00 1 ! (DEFERRED) 1535 E 8th Ave 1& E 18' of S80 ' I I I !Shakopee, MN 55379 !of 7 , Elk. 33 1 1 I I I , 127-001218-0 :Frederick Houle & Wife i5 90-3/10 ' of : $2 ,040 .00 ! ! (DEFERRED) :231 S Sommerville !Lots 1 & 2 EXRR : I I !Shakopee, MN 55379 :Blk. 28 1 1 I I I I 127-001219-0 !Charles Borchard IN 51-7/10 ' of 1 $1 ,652 .00 1 ! (DEFERRED) 1225 S. Sommerville 11&2, Elk. 28 1 1 I !Shakopee, MN 55379 1 1 1 127-001228-0 !City of Shakopee !Lot 1 & 2 1 $3 ,804.00 1 1 1129 E. First Ave. IBlk. 29 1 1 I !Shakopee, MN 55379 1 1 1 I I I I ' 127-001238-0 !Mona Strunk :Lots 1&2 lying 1 $1 ,532.00 1 ! (DEFERRED) 1103 E. 3rd Is' erly ofn' erlyl I I !Shakopee, MN 55379 1511 , EX S 50 ' 1 1 I I !of E 50 ' of 2 : I I I :Blk. 30 ! : : : kOGd@sOB w ASSESSMENT TABLE PAGE 8 , PID PROPERTY OWNER 1 DESCRIPTION 1 ASSESSMENT 1 , , , 127-001238-1 ;David & Karen Moonen 1N'erly 51 ' of 1 $1 ,336 .00 1 1236 S Lewis Box 300 !Lots 1&2 & S i ; !Shakopee, MN 55379 11/2 of vacated 1 ! i ! !alley on n' erly ! ! side lots :Blk. 30 ! ! 127-001239-0 ! James & Berit Gerhardson 1S 50 ' of E 50 ' ! $836 .00 1 ! (DEFERRED) 17724 Hampshire Ave N !of 2 , Blk. 30 1 i !Brooklyn Park, MN 55443 ! ! i 127-001240-0 ! Calvin & Rosemary Brown !Lot 3 , Blk. 30 1 $1 ,846 .00 1 i 1956 S. Holmes ! ! ! !Shakopee, MN 55379 ! i 1 127-001241-0 !Shakopee Investment One !Lot 4 & N 81 ' 1 $2,744.00 1 ! 18520 W. 135th St. !of 5 , Blk. 30 1 1 !Apple Valley, MN 55124 i 127-001242-0 !Hoffman Family Partnership 1S 60' of 5 1 $1 ,529 .00 1 ! 1135 E. 3rd iBlk. 30 i ! !Shakopee, MN 55379 127-001245-0 !Scott & Debra Ryan !Lot 1 , Blk. 31 1 $1 ,846 .00 1 ! (DEFERRED) 1135 W. 3rd Ave. ! ! !Shakopee, MN 55379 127-001246-0 !Ervin Monnens & Wife !Lot 2, Blk. 31 1 $1 ,846 .00 1 ! (DEFERRED) 1129 W. 3rd ! 1 1 i !Shakopee, MN 55379 127-001247-0 !First Nat. Bank - Shakopee !Lots 3-5 &S' rly ! $5 ,151 .00 i 1129 S. Holmes 11/2 of adjacent ! i !Shakopee, MN 55379 !vacated alley 1 1 lBlk. 31 127-001253-0 !Donald Yahnke !Lot 1 , Blk. 32 1 $1 ,846 .00 1 ! (DEFERRED) 1239 W. 3rd Ave. i i !Shakopee, MN 55379 127-001254-0 !Susan Niewind !Lot 2 , Blk. 32 1 $1 ,846 .00 1 ! (DEFERRED) 1229 W. 3rd Ave. !Shakopee, MN 55379 i 127-001255-0 !Diane Heinz !Lot 3 , Blk. 32 1 $1 ,846 .00 1 ! (DEFERRED) 1219 W. 3rd Ave. !Shakopee, MN 55379 ! i ASSESSMENT TABLE PAGE 9 , i i PID : PROPERTY OWNER : DESCRIPTION : ASSESSMENT I 1 :27-001256-0 ;Jerome Wampach (Lots 4 ,5 ,6 $2,395 .00 1 1524 Holmes St. IBlk. 32 : !Shakopee, MN 55379 127-001263-0 !John Ries Jr. :Lot 5 Ex W 2 1 $2,364.00 1 : :220 W. 3rd Ave. !of S 73' , : !Shakopee, MN 55379 lBlk. 33 : 1 1 : : $236 ,915.00 : I� July 27,1989 City of Shkopee 129 East First Avenue ShakoPee,Minuesota 55379-1376 To ':ihom it may Concern. My property is at 119 East 3rd Avenue parcel number 27-001240-6 On the very first public hearing held in the Scott County corthouse before this project was started I was informed by a City engineer I had nothing to worry about as I was not included in this project. To my surprise I get the notice I have an assessment of $1,846.00 receiving no benefit of any kind from this project I feel this is very unfair. In checking on the formula used to come up with this figure I find I have 60 feet of frontage on 3rd avenue and a full lot but Iam assessed more than lots that have 70f f/et of frontage on 3rd avenue but there lots do not go back (North & South) all of the way but they receive curb and gutter all of the way. Hy assessment is over 600.00 more. $400.00 In reading the City minutes from your last meeting it stated that the North side of 3rd avenue received no benefit from thin Downtown Streetscape Project so there assessments are less but I do not find this in my case. Si cerelyyJ/'�� CalYin LB" rownn I feel the formula you are using to set assessments is discrimnating . Thank you kindly. MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Engineer SUBJECT: 11th Avenue Assessments Project No. 1988-5 DATE: July 24, 1989 INTRODUCTION: A public hearing on the proposed assessments for the 11th Avenue Project has been scheduled for August 1 , 1989 . Attached is Resolution No. 3092 , which adopts the assessments for this project for Council consideration. BACKGROUND: The construction for this project is essentially completed. On July 11 , 1989 the City Council set a date for the public hearing on the proposed assessments for August 1 , 1989 by Resolution No. 3074 . The total project costs can be summarized below: Total Construction Costs $73,531 .98 Total Engr./Admin. Costs 12.121 .94 Total Project Costs $85,653.92 The feasibility report discussed several assessment alternatives for both the street and storm sewer portions of the project. For the street costs, Alternative No. 4 was adopted by Council . Basically the street costs are assessed 100% to all abutting property owners, although corner lots received a 50% adjustment to their frontage on 11th Avenue. The total street costs were $63 ,638 .60 , including engineering and administrative costs , and this amount was assessed to abutting property owners 100% . The street assessment was approximately $35 . 15 per adjusted front foot. For the storm sewer portion, Alternative No. 3 was adopted by Council. This alternative assesses one-half of the storm sewer cost completely back to the developer on the south side of 11th Avenue and assesses 25% of the storm sewer costs back to the properties abutting the north side of the street. The total storm sewer costs were $21 ,302 .59 , including engineering and administrative costs. Of that amount, $13 ,314. 12 was assessed and the remainder absorbed by the City . The storm sewer assessment was approximately $2.61 per adjusted front foot. Staff will give a detailed presentation of the assessment calculations at the public hearing. Attached is Resolution No. 3092 , which adopts the assessments for 11th Avenue, Project No. 1988-5 for Council consideration . A complete assessment roll is attached to the Resolution. ALTERNATIVES: 1 . Adopt Resolution No. 3092 . 2 . Deny Resolution No. 3092. 3 . Based on the public testimony received , revise the assessment roll to make any adjustments desired to specific properties and then adopt the resolution. RECOMMENDATION: Staff recommends Alternatives No. 1 , to adopt Resolution No. 3092 . ACTION REQUESTED: Offer Resolution No. 3092 , A Resolution Adopting Assessments for 11th Avenue Street and Storm Sewer Construction , Project No . 1988-5 and move its adoption. DH/pmp MEM3092 RESOLUTION NO. 3092 A Resolution Adopting Assessments On 11th Avenue Street and Storm Sewer Construction Project No. 1988-5 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: 11th Avenue between Spencer Street and Minnesota Street by Street and Storm Sewer Improvements, Project No . 1988-5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2 . Such assessments shall be payable in equal annual installments extending over a period of ten ( 10) years ( check with Finance Director on years ) , the first installment to be payable on or before the first Monday in January, 1990 , and shall bear interest at the rate of 8 .50 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31 , 1990 , and to each subsequent installment when due shall be added the interest for one year on all unpaid installments . 3 . The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property , with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty ( 30 ) days from the adoption of this resolution ; he may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. 4 . The Clerk shall file the assessment rolls pertaining to this assessment in his office and shall c=ertify annually to the County Auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. Adopted in session of the City Council of the City of Shakopee, Minnesota , held this clay of , 19 Mayor of the City of Shakopee ATTEST. City Clerk Approved as to form this day of 19 City Attorney 11TH AVENUE ASSESSMENT TABLE PROJECT NO. 1989-5 PAGE 1 PID i PROPERTY OWNER DESCRIPTION i ASSESSMENT 1 127-013017-0 !Phyllis Berg ;Lot 10 , Elk. 1 1 $3,198.75 1 i 11070 Market Street !Capesius Addn. 1 !Shakopee, MN 55379 127-013018-0 !Earl Lenzmeier !Lot 11 , Elk. 1 ! $3 , 198.75 1 11075 Markst St. :Ex. N. 18 .1 ' ! ' ! !Shakopee, MN 55379 lCapesius Addn. ! 1 127-022008-0 !Harry E. Lane !Lot 8 , Elk. 1 1 $3 ,360 .23 11067 S. Main !Southview Addn. ! i !Shakopee, MN 55379 127-022014-0 !James & Lois Kohout !Lot 6 , Elk. 2 1 $3 ,531 .74 1 11070 S. Main !Southview Addn. ! $712 .73 1 !Shakopee, MN 55379 ! 1 $4,244.47 1 127-022015-0 !Keith Fauks lP.O of 8 & 7 1 $1 ,805 .06 1 1409 E. 11th Ave. !Blk. 2 1 1 I !Shakopee, MN 55379 !Lying E of Line ! I !Com at Pt. ! 1 1 1126 .84 E NW Cor ! :of 8 , S to Pt 1 1 !on S Line 7 , ! I 1 1127 .19 E of SW 1 1 lCor & there 1 1 ! terminating 1 !Southview Addn. ! 1 127-022016-0 ! Ramona P Ries 1P.0 of 8 & 7 1 $2,041 .79 1 ! 1401 E. 11th 1Blk. 2 ! i !Shakopee, MN 55379 !Ly W of Line ! i !Beg N Line 8 1 1 153 .73 E NW Cor 1 1 18, S to Pt. S 1 I 1 !Line 7 , 54.08 1 1 1E SW Cor of 7 ! 1 !Southview Addn. ! i 127-022017-0 !Paul & Susan Vaccaro !P/O 8 & 7 1 $920 .08 1 1403 E. 11th !Elk. 2 ! i 1 !Shakopee, MN 55379 !Beg 53 .73 ' E oft INH Cor 8 , E ! !24.37 ' , S to Pt ! 1 ! 178.45 ' E of ! 15W Cor 7 , W 1 ! !24.37 ' N !to POB ! ! !Southview Addn. ! i ASSESSMENT TABLE PAGE 2 DESCRIPTION 1 ASSESSMENT 1 PID , PROPERTY OWNER , 1 i 1 27 1 -022018-0 !Joseph Topic Jr. lP.O 7 & 8 1 $920 .0 1P.O. Box 317 lBlk. 2 i !Shakopee, MN 55379 !Beg 78 .10 E of ! ! !NW Cor of 8 , E 1 ! :24 .37 S to Pt. 1 ! � 1102 .82 E of SW i � ICor of 7 , W ! ! 124.37 ' N to Beg : ! iSouthview Addn. 1 : 127-022019-0 !Prances Topic !P/O 7 & 8 i $920 .08 : 1407 E. 11th Ave. lBlk. 2 i ! !Shakopee, Mn 55379 iSouthview Addn. ! ! ! ! 1 127-041007-0 !Roger Schmieg & Wife !Lot 7 , Blk. 1 1 $3 ,784.85 1 1 11076 Minnesota Street !Eagle Bluff 1 : ! !Shakopee, MN 55379 12nd Addtn. ! ! ! 127-136030-0 !Gold Nugget Development !Lot 12, Blk. 3 1 $4,842 .84 1 1 18857 Zealand Ave. N. !Meadows 1st ! ! ! !Brooklyn Park, MN 55445 :Addn. ! , 127-136031-0 !Robert & Roxanne Ahsenmacher !Lot 13 , Blk. 3 ! $4,842 .84 ! ! 11109 S. Minnesota St. !Meadows 1st ! I ! !Shakopee, MN 55379 {Addn. ! 127-136033-0 !Gold Nugget Development !Lot 15, Blk. 3 ! $4,842.84 1 ! 18857 Zealand Ave. N. !Meadows 1st ! ! ! !Brooklyn Park, MN 55445 !Addn. ! 127-136034-0 ! Gold Nugget Development !Lot 16 , Blk. 3 1 $4 ,842.84 1 ! 18857 Zealand Ave. N. !Meadows 1st ! ! 1 !Brooklyn Park, MN 55445 IAddn. ! I ! ! 127-136035-0 !Gold Nugget Development !Lot 17 , Blk. 3 1 $4,842.84 ! ! 18857 Zealand Ave. N. !Meadows 1st 1 ! ! !Brooklyn Park, MN 55445 lAddn. ! ! ! ! ! 1 127-136036-0 !Gold Nugget Development !Lot 18 , Blk. 3 ! $4,842 .84 ! ! 18857 Zealand Ave. N. !Meadows 13t ! 1 1 !Brooklyn Park, MN 55445 !Addn. ! ! ! 1 1 1 127-136037-0 !Gold Nugget Development !Lot 19 , Blk. 3 1 $4,842 .84 1 1 18857 Zealand Ave. N. !Meadows 1st ! ! 1 !Brooklyn Park, MN 55445 IAddn. ! ! 1 ! ! ! ASSESSMENT TABLE PAGE 3 i ! , PID 1 PROPERTY OWNER 1 DESCRIPTION 1 ASSESSMENT 1 127-136038-0 !Gold Nugget Development !Lot 20 , Blk. 3 1 $4,842.84 18857 Zealand Ave. N. !Meadows 1st 1 ; i !Brooklyn Park, MN 55445 !Addn. i i i ! i i 127-136039-0 !Gold Nugget Development !Lot 21 , Blk. 3 1 $4,842 .84 1 ! 18857 Zealand Ave. N. ;Meadows 1st 1 ! ! !Brooklyn Park, MN 55445 !Addn. ! ! i i i ! ! 127-136040-0 !Gold Nugget Development !Lot 22 , Blk. 3 1 $4,842 .84. 1 ! 18857 Zealand Ave. N. !Meadows 1st ! ! ! !Brooklyn Park, MN 55445 !Addn. ! ! ! ! ! ! 127-136042-0 !Gold Nugget Development !Lot 23 & 24, 1 $4,842 .84 1 ! 18857 Zealand Ave. N. 1Blk. 3 ! ! ! !Brooklyn Park, MN 55445 !Meadows 1st 1 ! ! ! ! ! ! ! ! ! ! ! TOTAL ASSESS $77 ,665.38 1 "BRING FEASIBILITY REPORT FROM 7/ 18 COUNCIL PACKET" MEMO TO: Dennis Kraft, City Administrator tz— FROM: Dave Hutton, City Engineer SUBJECT: Boiling Springs Lane - Drainage Improvements DATE: July 24, 1989 INTRODUCTION: Attached is Resolution No. 3090 for Council consideration which orders plans and specifications for drainage improvements to Boiling Springs Lane. BACKGROUND: In March, 1988 the property owner at 9186 Boiling Springs Lane contacted the City Council and requested that the City construct drainage improvements in the Boiling Springs area to alleviate an annual flooding problem. The City Council ordered a feasibility report on the improvements on April 18, 1989 by Resolution No. 3035 . The feasibility report has been completed and was distributed to the City Council on July 11 , 1989 and subsequently a public hearing was scheduled for August 1 , 1989 by Resolution No. 3075 • The proposed improvements consist of constructing a drainage swale from Boiling Springs Lane to Eagle Creek, which is located in the City of Savage, in order to alleviate an annual ponding problem in the Boiling Springs area. The feasibility report discusses the proposed improvements , estimated project costs and assessment procedures. Staff will give a presentation on the feasibility report at the public hearing. At the conclusion of the public hearing if Council wishes to proceed with the project, Resolution No. 3090 which orders the preparation of plans and specifications for the project is attached for Council consideration. ALTERNATIVES: 1 . Determine that the project should proceed and order plans and specifications by adopting Resolution No. 3090 . 2. Determine that the project is not in the best interest of the City and deny Resolution No. 3090 . 3 . Table any action and direct staff to provide additional information to Council, if desired . RECOMMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: Offer Resolution No. 3090 , A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Drainage Improvements to Boiling Springs Lane, Project No. 1989-9 and move its adoption. DH/pmp MEM3090 RESOLUTION NO. 3090 l � A Resolution Ordering An Improvement And The Preparation of Plans And Specifications For Drainage Improvements to Boiling Springs Lane Project No. 1989-9 WHEREAS, Resolution No. 3075 , adopted on July 11 , 1989 fixed a date for Council hearing on the proposed improvement of Boiling Springs Lane by Drainage Facilities; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 1st day of August 1989 , at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That the improvement is ordered as hereinafter described: The construction of a drainage swale from Boiling Springs Lane easterly to Eagle Creek 2. David Hutton, City Engineer 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 Or-, THE qd VSCOTTLAND COMPANIES July 31, 1989 Mayor and City Council, City Clerk City of Shakopee City Hall 129 East 1st Avenue Shakopee, Minnesota 55379 Re: Proposed Assessment for Project No. 1988-1 Dear Mayor, Council and City Clerk: Scottland Inc, owns the property proposed to be assessed as set forth in the attached Notice of Hearings, Exhibits A and B, in the approximate amount of $405,357 .09 for the construction of Vierling Drive and storm sewer . This letter constitutes our written objection to the proposed special assessments. The objection is based on many reasons, several of which are discussed hereinafter , 1. The assessments exceed the special benefits to the property. 2 . Certain areas have been excluded from assessment which should have been included. 3. The assessment formula used by the City is arbitrary and unreasonable. 4 . The project for which the property is being assessed is of general benefit to the City and should not be specially assessed to the extent proposed. While we always try to work with the City, we cannot agree to pay a special assessment which we believe is far in excess of the special benefit to the property. Very truly yyOoouu�r/�s��,'',`' rooks Hauser hairman of the Board 186ZSAM/20 P.0. 13=509 1244 Canterbury Road Shakopee, Minnesota 55379 [612)445-3242 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Engineer SUBJECT: Vierling Drive Assessments Project No. 1988-1 DOTE: July 24, 1989 INTRODUCTION: A public hearing on the proposed assessments for the Vierling Drive Project has been scheduled for August 1 , 1989. Attached is Resolution No. 3091 which adopts the assessments for this project for Council consideration. BACKGROUND: Vierling Drive, between C.R. 16 and C.R. 17 , was constructed in two phases under two separate contracts. The eastern half of the street was constructed through Hauer ' s Addition in 1987 and assessments have previously been adopted by Council for this portion. The west half of Vierling Drive was recently completed and is the subject of this memo. This portion of the street crosses through properties owned by Scottland Companies, Inc. The project is essentially complete. The total construction costs for the project are $379,532.87 , which includes $174,694.05 for storm sewer construction and $204 , 838 . 82 for street construction. The total engineering and administrative costs to date are $149 , 173 .60 , which includes an amount of $89 ,200 .00 for the right-of-way acquisition costs. The total project costs are summarized below: Construction Costs $379 ,532.87 Engr. and Admin. costs $149 . 173 .60 Total Project Costs $528,T06.4T Vierling Drive was constructed as a 50 foot wide, state aid collector street. The feasibility report for this project recommended that the abutting property owners be assessed the equivalent of a 36 foot wide local street, with the City paying for the street oversizing costs . In addition , the report recommended assessing the sidewalk 100% while the City would pay for all of the boulevard trees. Using those criteria , the total assessment for the street portion, including engineering and administrative fees , is as follows: Assessed Portion $186 ,947 .35 Non Assessed Portion $ 98.402.40 Total Street Costs $285 ,349.75 Similarly, the feasibility report recommended assessing the storm sewer based on the runoff created by the entire drainage basin and local street versus the runoff created by the oversizing of Vierling Drive . Since the entire drainage area is located on properties owned by Scottland Companies, the only portion of the storm sewer that is non-assessable is that portion attributable to the overwidth of Vierling Drive. Using that criteria , the total assessment for the storm sewer portion, including engineering and administrative fees is as follows: Assessed Portion $218,409.74 Non Assessed Portion 24.946 .98 Total Storm Costs $243,356.72 The summary of both the street and storm sewer assessed costs is as follows: Assessed Costs Non Assessed Costs Street Portion $186 ,947 .35 $ 98,402.40 Storm Portion $218.409.74 24 .946 .98 Totals $405,357-09 $123,349.38 The $405 , 357 . 09 that would be assessed to the Scottland Companies, Inc. has been divided up into two separate assessments by frontage for the twoseparate parcels owned by Scottland . A complete assessment roll is attached to the Resolution. Attached is Resolution No. 3091 which adopts the assessments for Vierling Drive, Project No. 1988-1 for Council consideration. ALTERNATIVES: 1 . Adopt Resolution No. 3091 . 2 . Deny Resolution No. 3091 . 3. Revise the resolution in order to make adjustments to the proposed assessments based on the public testimony received and then adopt the resolution. RECOMMENDATION: Depending on the public testimony , staff recommends Alternative No. 1 to adopt the proposed assessments as listed in Resolution No. 3091 . ACTION REQUESTED: Offer Resolution No. 3091 , A Resolution Adopting Assessments on Vierling Drive from County Road 17 Easterly for + 3200 Feet, Project No . 1988-1 and move its adoption . DH/pmp MEM3091 RESOLUTION NO. 3091 A Resolution Adopting Assessments On Vierling Drive From County Road 1T Easterly For + 3200 Feet Project No. 1988-1 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Vierling Drive from C. R. 17 Easterly for + 3200 Feet , Project No. 1988-1 by Sidewalk, Curb & Gutter, Storm Sewer and Pavement Improvements NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2 . Such assessments shall be payable in equal annual installments extending over a period of ten ( 10 ) years (check with Finance Director on years) , the first installment to be payable on or before the first Monday in January, 1990 , and shall bear interest at the rate of 8 .50 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31 , 1990 , and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may , at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer , except that no interest shall be charged if the entire assessment is paid within thirty ( 30 ) days from the adoption of this resolution ; he may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in his office and shall certify annually to the County Auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. 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 VIERLING DRIVE FROM C.R. 17 EASTERLY + 3200 FEET ASSESSMENT TABLE PROJECT NO. 1988-1 PAGE 1 1 1 1 i i 1 PID i PROPERTY OWNER ! DESCRIPTION ! ASSESSMENT 1 ! 1 1 127-907015-0 (Scottland Inc. 17 115 22 1 $162,776 .21 i 11244 Canterbury Road 138.33 i i !Shakopee, MN 55379 INE 1/4 SE 1/4 1 i 1 ! IEX .67 A ROAD ! i 127-908001-0 ;Scottland Inc. 18 115 22 1 $242,580 .88 1 1 11244 Canterbury Road 156 .85 i 1 1 !Shakopee, MN 55379 1W 16 .55A OF ! 1 1 !OF NE 1/4 SW ! i 1 11/4 EX RR R i 1 1 !NW 1/4 SW 1/4 i 1 I i i i i TOTAL ASSESSMENTS $405 ,357 .09 CONSENT /061 MRMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Approval of Cable Sale and Transfer DATE: July 25, 1989 INTRODUCTION• In January, the City of Shakopee received formal correspondence from Zylstra/United Television Company informing the City of Shakopee of their desire to sell the Shakopee Cable system. On February 7, 1989 the Shakopee City Council waived the City of Shakopee's right of first refusal to acquire the cable system. On June 26, 1989 the Shakopee Cable Communications Advisory Commission reviewed technical, financial and operational plans as submitted by AMZAK Cable in regard to the operation of the Shakopee cable system. In accordance with Section 14 . 02 of the Shakopee Cable Franchise Ordinance the Cable Commission felt that the proposed change constituted a major change in the Franchise Ordinance and thus a public hearing was held on July 24, 1989 to solicit comments from Shakopee residents regarding this issue. The Cable Commission upon closing the public hearing moved to recommend Council approval of the Cable sale and transfer. BACKGROUND: Shown in attachment #1 is the correspondence received from AMZAK Cable, Midwest indicating their desire to acquire the Shakopee Cable Franchise. Following the receipt of this letter, I requested Mr. Keith Cripps to respond to several key questions which I felt would be of interest to the Cable Commission and City Council. Shown in attachment #2 are the formal respondences to those questions as provided by AMZAK Cable, Midwest, Inc. The questions relate to the following issues: 1) Public Access, 2) Service Extensions, 3) Office Location and Staffing, 4) System Upgrade, Channel Realignment and Regional Access, 5) Institutional Network, 6) Financial Data, 7) Capital Improvement Plans, and 8) Marketing. At the public hearing these issues were reviewed with officials from AMZAK Cable. Based on the responses received it does not appear that there will be any significant change in the operation of the Shakopee cable system. The issue of regional access was also discussed at the public hearing. At that time, AMZAK officials stated that it would be a significant capital expenditure for them to activate the regional access channel at this time. AMZAK officials were not opposed to activation of the channel but requested that the City allow them some time to respond to this issue. In the Spring of 1986 the Shakopee City Council approved an amendment to the Cable Franchise Ordinance. This amendment extended a five year deferral to the cable company for all unmet capital expenditure commitments required by the franchise. The Cable Commission is recommending that activation of the regional access channel be considered a capital expenditure and deferred for a time period to coincide with the deferral period as setforth in Section 16.04 of the Cable Franchise Ordinance. Under this scenario, AMZAK Cable, Midwest, Inc. would be required to activate the regional access channel at the end of the five year deferral period. The deferral period ends on April 1, 1991. At the public hearing the operational status of some of the pubic access studio equipment was questioned by several Cable Commissioners. After hearing input from the Shakopee Access Corp. and the Cable Commissioners, Mr. Cripps agreed to provide a $2500 equipment grant at closing and a second $2500 equipment grant one year from now. Upon closing the public hearing the Cable Communication Commission moved to recommend to City Council approval of the sale and transfer of the Cable Franchise Ordinance to AMZAK Cable, Midwest, Inc. ALTERNATIVES• 1. Move to approve the sale and transfer of the Shakopee Cable System and Franchise Ordinance from Zylstra/United CAble Television to AMZAK Cable, Midwest, Inc. 2. Do not approve the sale and transfer of the Shakopee Cable Franchise Ordinance and Cable System to AMZAK Cable, Midwest, Inc. 3. Table action pending further information from staff. nCOMMENDATION• Staff recommends alternative #1. ACTION REQUESTED: Move to approve the sale and transfer of the Shakopee Franchise Ordinance and Cable System from Zylstra/United Cable Television to AMZAK Cable, Midwest, Inc. ®NSENT IDb MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Refuse Disposal Ordinance Amendments DATE: July 25, 1989 INTRODUCTION• In March, the City of Shakopee implemented a volume based refuse collection program. The new program also offered Shakopee residents with the capability to dispose of recyclables in conjunction with regular refuse collection. Additionally, yard waste collection services were provided by the City as a separate program. In order to effectively administrate the new programs, several changes to the City's refuse ordinance are necessary. BACKGROUND: Shown in attachment #1 is the current section of the City ordinance relating to refuse collection. The current City Refuse Collection Ordinance allows Shakopee residents to either select the City's contracted refuse hauler or the private hauler of their choice. The fact that our refuse collection program is not a closed system has allowed a number of customers to drop our contracted refuse collection service. Residents are dropping our service for several reasons. First, the disposal rates for City's new program is based on how much refuse you produce. The new program is confusing for some people and others have had to pay higher disposal fees to get rid of their refuse. Second, the City charges extra to dispose of yard waste. This point is compounded by the fact that several private haulers provide for the unlimited collection of yard waste and residential refuse at a rate of approximately $12 .00 per month. (The City's contracted rate is $9 .95 per month. ) The issue of private haulers disposing of yard waste in conjunction with regular refuse will be ratified by State mandates which go into effect on January 1, 1990. The new law requires all yard waste to be separated from residential refuse. It is likely that private haulers will have to increase their disposal rates as a result of this new law. Thus furthering the gap between the City's refuse disposal rate and private haulers disposal rate. Most cities under contract with a private refuse hauler provide for the collection of refuse from all dwelling units up to and including four olexes in the community being served. The rational adhered to by those cities operating under a closed system are as follows: 1. A closed system insures that all refuse is disposed of in a manner which protects the health, safety and welfare of the residents. 2. A closed system limits the number of garbage trucks that are traveling on city streets and/or alleys and thereby increases the life expectancy of the city's infrastructure. 3. A closed system insures the use of uniform refuse containers which are more aesthetically pleasing than randomly selected disposal methods. 4. A closed refuse program insure collection at all households within the refuse collection service area. S. The use of a closed system streamlines the complaint process. 6. Dealing with a closed system will make it easier for the City to monitor and enforce State and local mandates. 7. The provision of a closed system helps to insure the lowest long term possible rates for collection and disposal. 8. A closed system will reduce the potential for illegal dumping since all households are provided with refuse collection. The City's current refuse contract provides for the collection from all residential units up to and including four plexes within the City of Shakopee's refuse collection disposal area. This area is defined as all areas North of the proposed Southerly By- Pass and within the Shakopee City Limits. The contractors bid price was based on a projection of the number of units to be served within the refuse collection disposal area. When residents are given the option to select any hauler they want to, the City's contractor is at the risk of losing customers. In future contracts, the loss of customers could subsequently cause an increase in the refuse collection disposal rates for all residents receiving refuse collection services from the City's contractor. More importantly, staff is aware of several households in the City that have no regular trash collections. It is unknown what happens to this refuse, but one might conclude that it is being deposited in commercial dumpsters used by area businesses, city park receptacles or along road sides. On July 24, 1989, the Energy and Transportation Committee held a public hearing in regard to the proposed changes to the City's Refuse Collection and Disposal Ordinance. Local private haulers that staff is aware of that are operating in Shakopee were sent notices of the hearing. Shown in attachment #2 is the draft ordinance which the Energy and Transportation Committee is recommending for Council approval. The ordinance provides for a closed refuse disposal system in Shakopee. Upon adoption and enactment of the ordinance, all residential units up to and including four plexes would be mandated to go with the City's refuse contractor. Industrial/commercial and residential units larger than four plexes would continue to be responsible for contracting with private haulers for the disposal and collection of their refuse. All residents who are currently contracting with private haulers would be grandfathered until such time that the residential unit is sold or until the expiration of the City's current refuse contract (January 14, 1992) whichever comes first. Residents outside the refuse collection service area that are receiving service from the City would also be grandfathered. Upon execution of the new contract in 1992, these customers would be excluded from the City's service unless they could obtain 1008 participation from the residents in the subdivision. The proposed ordinance also addresses the type of refuse container to be utilized, the collection point and the provision of recycling and yard waste collection services by the City's contractor. The ordinance also includes an anti-scavenging section which provides the City of Shakopee with some recourse against those persons who are unlawfully taking recyclable materials from residents recycling containers. Finally, the ordinance addresses the refuse collection service area and how residents outside the area are to dispose of their waste. At this time, it is being proposed that all areas outside the refuse collection service area be handled through private contracts between the resident and the private hauler of their choice. If a subdivision would like to receive City contracted service they would need 1008 participation of the residents within the subdivision. Their are several factors which make it difficult to service this area with a City contract at this time. First, some of the area is not provided with utility service from Shakopee Public Utilities. Therefore a separate billing system would have to be set-up. Second, low density of the rural area would have an impact on City collection rates. It would be possible to set up a separate rural rate but the current refuse contract would have to be amended accordingly to reflect this change. If Council is interested in extending service staff would recommend that it be done in conjunction with the rebidding of the service. At the public hearing, several objections were raised in regard to the proposed ordinance changes by Mr. Norbert Schmidt representing Shakopee Services. He contends the following: 1. Taxpayers should have the right to select who they want for refuse collection. 2 . A closed system impedes the free enterprise system. 3 . It is not the City's responsibility to ensure the lowest prices for refuse collection. 4. Four-plexes should be considered commercial property. 5. If the City wants to save wear and tear on City streets they should place limits on all trucks not just garbage trucks. The Energy and Transportation Committee felt that Mr. Schmidt did make some good points but that in the long run the health, safety and welfare of Shakopee residents could best be furthered by a closed refuse collection program. If Council concurs with the Energy and Transportation Committee's recommendation, it would be appropriate at this time to direct the City Attorney to draft the appropriate Ordinance amending the Refuse Collection Section of the City Code providing for a closed refuse collection system. ALTERNATIVES• 1. Direct the City Attorney to draft the appropriate ordinance amending the refuse collection of the City Code providing for a closed refuse collection system. 2 . Amend the proposed ordinance as submitted and direct the City Attorney to draft the appropriate ordinance amending the refuse collection section of the City Code. 3 . Amend the proposed ordinance as submitted deleting all references to a closed refuse disposal system and direct the City Attorney to draft the appropriate ordinance amending the refuse collection section of the City Code. RECOMMENDATION• Staff recommends alternative #1. ACTION REODESTED: Move to direct the City Attorney to draft the appropriate ordinance amending the refuse collection of the City Code providing for a closed refuse collection system. . 0 Attachment #2 SOURCE SEPARATION, COLLECTION, AND DISPOSAL OF REFUSE Section 3 .15 Rules and regulations relating to source separation, collection and disposal of refuse. Subd. 1. Definitions. As used in this section, the following terms shall have the following meanings: 1. "Refuse" as used in this section shall include "garbage", refuse and litter as defined in Chapter 10 of the City Code, but shall exclude construction materials. 2. "Paper" shall include paper of the type commonly referred to as newsprint. 3. "Cans" shall include all disposable containers made and fabricated primarily of metal, aluminum and tin. 4. "Glass" shall include products used as bottles, jars and other glass containers, excluding however, blue and flat glass commonly known as "window glass' . 5. "Receptacle" shall mean individual containers constructed of weather proof, insect and rodent proof materials such as plastic or metal for refuse and recycling purposes. 6. "Recycling" shall mean any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products. 7. "Yard Waste" shall mean grass clippings and leaves. 8. "Refuse/Recycling Service Area" shall mean the area in which the City shall provide for the collection and disposal of refuse, recyclables and yard waste, generally defined as the area South of the proposed 101 by-pass or otherwise approved by the City Council. Subd. 2. Collection and Disposal of Refuse. The City shall provide for the collection and disposal of all refuse from single family and multiple family units up to and including four plexes in a sanitary manner to insure the health, safety and general welfare of it's residents, under such terms and conditions as the City may, from time to time, deem appropriate. Such collection shall be made only in the areas defined by the City as the refuse/recycling service area and in accordance with the schedule, as established by the City Council. Attachment #2 SOURCE SEPARATION, COLLECTION, AND DISPOSAL OF REFUSE Section 3.15 Rules and regulations relating to source separation, collection and disposal of refuse. Subd. 1. Definitions. As used in this section, the following terms shall have the following meanings: 1. "Refuse" as used in this section shall include "garbage", refuse and litter as defined in Chapter 10 of the City Code, but shall exclude construction materials. 2. "Paper" shall include paper of the type commonly referred to as newsprint. 3 . "Cans" shall include all disposable containers made and fabricated primarily of metal, aluminum and tin. 4. "Glass" shall include products used as bottles, jars and other glass containers, excluding however, blue and flat glass commonly known as "window glass". 5. "Receptacle" shall mean individual containers constructed of weather proof, insect and rodent proof materials such as plastic or metal for refuse and recycling purposes. 6. "Recycling" shall mean any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products. 7. "Yard Waste" shall mean grass clippings and leaves. 8. "Refuse/Recycling service Area" shall mean the area . in which the City shall provide for the collection and disposal of refuse, recyclables and yard waste, generally defined as the area South of the proposed 101 by-pass or otherwise approved by the City Council. Subd. 2. Collection and Disposal of Refuse. The City shall provide for the collection and disposal of all refuse from single family and multiple family units up to and including four plexes in a sanitary manner to insure the health, safety and general welfare of it's residents, under such terms and conditions as the City may, from time to time, deem appropriate. Such collection shall be made only in the areas defined by the City as the refuse/recycling service area and in accordance with the schedule, as established by the II Subd. 3 . Collection of Recyclable Materials. The City shall provide for the collection and disposal of newspaper, glass, cans and yard waste in a sanitary manner to insure the health, safety and general welfare of it's residents, under such terms and conditions as the City may from time to time, deem appropriate. Such collection shall be made only in the areas of the City, and in accordance with a schedule as established by the City Council. Subd. 4. Kind and Placement of Containers. a. Residential Units - The City shall be responsible for providing refuse and recycling receptacles to all single family units up to and including four plexes located within the refuse collection service area. The cost of the receptacles shall be included in the refuse collection rate. The refuse receptacles shall be made of plastic and not exceed 65 gallon capacity. These receptacles shall be water-tight and fitted with handles and a substantially tight fitting cover to prevent the disturbance of contents thereof by cats and dogs, and to prevent the propagation of, and infestation by, rats, flies, etc. The City shall also be responsible for providing residents within the refuse collection service area with a 30-gallon recycling receptacle. The recycling receptacle shall be constructed of weather proof, insect and rodent proof material such as plastic. The cost of the receptacles shall be included in the refuse collection fees. b. Commercial and Industrial Establishments - The owner, manager, proprietor, agent or occupant of any residential unit larger then a four plex, store, hotel, restaurant, saloon, stable or industrial building within the City shall be responsible for providing water tight receptacles for the reception of garbage and refuse. These containers shall be water tight and fitted with substantially tight fitting covers to prevent the disturbance of contents, and to prevent the propagation of, and infestation by rats, flies, etc. C. Placement of Containers - In so far as practical, receptacles shall be kept in the rear yard of homes and other places served as near to the alley and accessible to the collector as possible, and in those instances where homes and other places are not adjacent to alleys, the receptacles shall be placed on the driveway or other place convenient to the collector by 6 A.M. on the designated day of collection. Receptacles shall be removed by 7 P.M. on the designated day of collection and not otherwise be stored in areas of the front yard visible from the front curb line. d. All materials classified as refuse shall be wrapped, except in the case of restaurants, stores and commercial establishments. Subd. S. Separation of Recyclable Materials - Recyclable materials collected by the City or it's authorized agent shall be separated, prepared and placed for collection in the manner hereinafter set forth. a. Newspapers - Used newspaper shall be placed into the recycling receptacle directly or neatly- packaged and securely tied bundles not exceeding (50) fifty pounds, or neatly packed into strong or doubled paper bags. b. Metal Cans - Used metal cans shall be placed into a paper bag and deposited within the recycling receptacle. C. Glass - Used glass, such as glass bottles, jars and containers (except blue glass, and flat glass commonly known as window glass) shall be free from all food and liquid or other substances and placed into a paper bag and deposited with the recycling receptacle. With respect to glass, the caps and all other metal shall be removed. d. Yard Waste - Yard waste shall be placed in bags or other suitable containers. Yard waste should be free from refuse. Subd. 6. Disposal Required. Every person shall, in a sanitary manner, store and dispose of refuse that may accumulate upon property owned or occupied by him in accordance with the terms of this section. Refuse shall be collected or otherwise disposed of at least once a week. Within the refuse collection service area, individual householders and single family units up to and including four plexes shall be collected directly by the City's contractor. Individual householders outside the refuse collection service area shall contract with the authorized agent of their choice. Residential units larger than four plexes, industrial and commercial properties shall contract with private collectors directly and shall not receive City collection service. Individual householders outside of the City's refuse collection service area may receive City collection service if City collection is implemented in said outlying neighborhood and 100% ( V participation of the residents in the neighborhood agree to said refuse/recycling collection service. Subd. 7. When Collection Shall be Made by the City. a. The City or their authorized agent shall be responsible for the weekly collection, removal and disposal of all contained refuse and recyclables from all residential buildings containing not more than four dwelling units and located within the refuse collection service area. b. Owners or lessees of residential buildings outside the refuse collection service area, residential buildings containing more than four dwelling units, industrial and commercial properties shall be responsible for the collection, removal and disposal of the refuse generated by those dwelling units and properties in the same manner and with same frequency as for other residential buildings located within the refuse collection service area. Subd. S. Service Charge for the Removal and Disposal of Refuse and Recyclables. The City may charge a fee for the disposal of refuse and recyclable materials. The fee shall be set and maybe amended as determined by the City council. Subd. 9. Billing. The City shall send to the owner of the premises from which refuse/recycling collections are made or to the "customer" responsible for payment of the water bill if such person is not the owner, a notice of the refuse/recycling disposal charges that are due, at the same times and intervals, in the same manner and together with, the water and sewer billings. Subd. 10. Duty to Provide Dumpster-Type Containers. The owner or occupant of any commercial/industrial building shall provide that building with a large dumpster-type rubbish container or containers. Said dumpster type rubbish container must be rodent proof, well maintained, bear identification of the rubbish firm supplying the containers, including the phone number, and be provided with metal or other approved material coverage which people can operate with no unusual physical effort. The rubbish haulers providing the dumpster service must provide collection service at least once every week and the dumpster or dumpsters shall be of sufficient size and/or number to handle the accumulation of the rubbish between pick up periods from the address being served. Two or more citations for loose rubbish within a one year period shall be presumptive evidence that an additional dumpster or larger type container are needed to serve that address. Subd. 11. Storing of Refuse. No persons shall throw, place or deposit rubbish in any street, alley, sidewalk or on any public or private property in a commercial/ industrial district except in a dumpster type container as described in this article. No persons shall remove any refuse therefrom, except the refuse haulers or persons having the consent of the owner or occupant of the property served or law enforcement agencies in the pursuit of evidence. It shall be the responsibility of the owner and occupant of any private property in a commercial/industrial district to maintain the property in a condition free of strewn or piled refuse. Subd. 12. Grandfather Provision. All single family and multiple family units up to and including four-plexes within the refuse collection service area that are contracting with a private refuse hauler at the time of ordinance enactment shall be grandfathered from participating in the City's refuse collection program until such time that said residence is sold or until the expiration of the present refuse contract (January 14, 1992) whichever comes first. Likewise, all single family and multiple family units up to and including four plexes outside the refuse collection service area who are currently receiving contracted City service shall continue to receive said service until such time that the residence is sold or until the expiration of the present refuse contract. Upon termination of the present contract, these neighborhoods will be required to meet the participation criteria set forth in Subd. 6 prior to receiving disposal service from the City's contractor. Subd. 13 . Collection of Recyclables Unauthorized Persons Prohibited. a. From the time of placement of the recyclable materials herein defined and designated at the curb or other designated place of collection by the City or it's authorized agent pursuant to the provisions of this ordinance and any rules and regulations adopted thereunder, said recyclable materials shall become and be the property of the City or it's authorized agent. b. It shall be a violation of this chapter for any person not duly authorized by the City to collect or pick-up or cause to be collected or picked-up any recyclable materials placed at the curb or other designated place for collection by the City or it's authorized agent pursuant to the provisions of this chapter. Any and each such unauthorized collection in violation hereof from one (1) or more residences shall constitute a separate district offense punishable as hereinafter provided. Subd. 14. Unwarranted Disposal. No person shall throw, place or deposit refuse, yard waste, recyclables, construction materials or brush upon public property or privately owned property unless otherwise solicited by the City or private property owners. Subd. 15. Violation a Misdemeanor. Every person violates a section, subdivision, paragraph, or provision of this Chapter, when he/she performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor. "THE SECOND ACTION REGARDING THE ASSESSMENT POLICIES FOR THIS PROJECT WAS TABLED AT THE 7/ 18/89 MEETING. " MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Engineer II W SUBJECT: Killarney Hills Subdivision DATE: July 13 , 1989 INTRODUCTION: Staff has developed several assessment options for the street improvements in the Killarney Hills Subdivision. BACKGROUND: On June 1 , 1988 , a public hearing was held to consider improvements to all roads within the Killarney Hills Subdivision. The public hearing was closed but no action was taken. Council directed staff to explore additional improvement alternatives. On June 20 , 1988 the Council held another public hearing to consider the improvements and proposed alternatives. Staff had recommended constructing a full urban street section with curb and gutter, rather than a rural street section with ditches and Council concurred . The majority of the discussion at this meeting related to the proposed assessments. Council directed staff to prepare various assessment tables based on a 258 , 50% and 75% assessments to compare with the 100% assessment recommended in the feasibility report. Staff has completed the various assessment calculations and a complete assessment roll for each is attached. Staff would like to briefly discuss each alternative as well as all other relevant data. Please refer to staff memos dated April 27 , 1989 , May 24, 1989 , June 15 , 1989 and the feasibility report for additional background information. Improved Lots Versus Unimproved Lots At both of the public hearings there was considerable discussion on whether these streets should be considered "existing" and thereby subject to the reconstruction assessment policy (25% ) or "new" streets and subject to a 100% assessment. Several property owners feel that this should be considered a reconstruction, even though the streets were never constructed to any standards. Only a portion of these streets are paved. There is a definite boundary between the paved section and the non-paved section . The non-paved section is basically a dirt pathway and does not even contain any gravel. There is no way this section of the road can be considered a reconstruction. Therefore, in all of the assessment calculations staff has kept the assessments for those unimproved lots at 100% and calculated the various assessment alternatives for the improved lots only. Attachment #1 lists those lots that are definitely on an unimproved street as well as those lots that are on the paved portions. Map #1 shows the limits of the pavement. Attachment #2 summarizes the proposed assessments for those lots on the unimproved roadway at 100% assessment. These assessments will not change for any of the alternatives. 75% Assessment Attachment #3 summarizes the proposed assessments if 75% of the project costs were assessed. For those lots currently on a paved street, the assessment would decrease from the recommended rate of $49 .24 per adjusted front foot (100% assessment) to $36 . 93 per adjusted front foot. Of prime importance is the City portion of the total costs. With this alternative, the City would pay a total cost of $72 ,358 .00 ( including assessments for City owned property) or about 421 of the total project. 50% Assessment Attachment #4 summarizes the proposed assessment if 50% of the project costs were assessed. The assessment rate would decrease to $24 .62 per adjusted front foot while the total City cost increases to $88 ,436 .00 or 51% of the total project costs. 25% Assessment Attachment #5 summarizes the proposed assessments if 25% of the project costs were assessed . The assessment rate would be reduced to $12 .31 per adjusted front foot while the total City costs increase to $104 ,514 .00 or 61 % of the total project costs. Credit for In-Place Pavement Council had also directed staff to calculate the amount of credits that could be attributable to the existing asphalt "in- place" . According to the soil borings obtained for the feasibility report, there is approximately 2-3 inches of asphalt thickness in the road and no gravel base . Using 3 inches of asphalt, the amount of pavement currently in-place is approximately 285 tons. Using the same unit prices as estimated in the feasibility report, this inplace asphalt is estimated to be worth around $6500 or approximately 5 .2% of the total construction cost estimate. Rural Street Versus Urban Street Staff still feels that since the construction of an urban street is approximately the same cost as an rural street, an urban street would be more feasible now than at a future date. But because there are no utilities installed in these streets there is also some merit to constructing a rural section at this time. If this project gets ordered, staff would like to request that both street alternatives be designed so that a more refined cost estimate can be prepared for each once the plans are done . Council could then decide which alternative should be constructed . This would result in higher design costs than normal . ALTERNATIVES: 1 . Assess all properties 100% of the total costs. 2 . Assess all properties abutting a paved street 75% of the project costs and all other properties 100% . 3 . Assess all properties abutting a paved street 50% of the project and all other properties 100% . 4 . Assess all properties abutting a paved street 25% of the project and all other properties 100% . 5 . Assess all properties 100% of the total costs but give those properties abutting a paved surface a 5 .2% credit for the in-place asphalt. RECOMMENDATION: The City of Shakopee has specific assessment policies that have been adoptd to ensure consistent assessments on every project . That assessment policy states that new streets will be assessed 100% and reconstructed streets will be assessed 25% . The City has been very consistent and uniform in applying this assessment policy to all streets and subdivisions, including Eaglewood . Staff does not see any valid reason for deviating from this policy for this particular subdivision . The primary question is whether or not the proposed streets should be considered as new or reconstructed. Staff still feels that since these streets were never constructed to acceptable standards and because the pavement was constructed more as an erosion control measure than anything else, that these streets should be considered as new streets for the purpose of assessments and therefore 100% assessable. If Council decides that the existing streets are legitimate, no matter what specifications they were built to , and that this project is actually a reconstruction, then the 25% assessment policy should be applied. Staff sees no basis for using a 50% or 75% assessment since there is no policy supporting this decision. Council had indicated that if one of these two assessment rates were used, the outlots could be assessed for the portion being picked up by the City , once the roads are extended . Due to the uncertainty of developing these outlots , the City may never recover these assessments from the outlot. There is also some question of the legality of such a "future" assessment. Staff does feel that there is some merit to giving a credit for that existing asphalt that is in-place and in fact the City Council has given credits on other street projects. Staff recommends either Alternative No. 1 (100% assessment ) or Alternative No. 5 ( 100% assessment with credits) . ACTION REQUESTED: 1 . Order this project by offering the attached Resolution No . 3059 , A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Roadways Within Killarney Hills Addition Namely (Sharon Parkway and Tyrone Drive) , Project No. 1989-7 and move it adoption. 2 . Move to establish the assessment policies that shall be followed for this project. DH/pmp HILLS ATTACHMENT NO. 1 The following lots are on a paved surface: LOT BLOCK ADJ. FRONT FOOT Park 1 400 ' 10 1 147 ' 11 1 200' 1 2 150 ' 2 2 180 ' 3 2 190 ' 4 2 129' 5 2 161 ' 6 2 112 ' 1 3 146 ' 2 3 91 ' Total 1906 ' The following lots are on the unimproved street: LOT BLOCK ADJ. FRONT FOOT Park 1 421 ' 8 1 122' 9 1 120 ' 3 3 99 ' 1 4 164' 2 4 122' 3 4 169 , 4 4 211 ' 5 4 Lul Total 1587' Total of Both 3493' MAP R1 �� w "KILARNEY HILLS EXISTING PAVEMENT existing asphalt urrra w c6''2!,- Q'�ou. dirt Pathway �,•`' o .'rig ds .a "��'���' ! c=�'� 6 ��mry ty IV mo- Tt- cr - : .v /C� �• S /meq•/ 6 r.J � 72S< ' 1 �V. � / —gyp a _ ,V . _ g1 .�.� •9 �c? . ... A Glc.-F�r ?. at • - ¢ + �, i59 ^ f ATTACHMENT #2 Use ratios to determine the total amount that should be assessed for the unimproved roads and what amount should be used for the assessment alternatives (25% , 50% , and 75%) Total Assessment Unimproved Road Portion = 15871/3493 ' x $172,000 = $ 78,146 .00 Improved Road Portion = 19061/3493 ' x $172,000 = $ 93 .854 .00 Total_ _ $172,000 .00 Individual Lot Assessment — Unimproved Portion Assessment = $78 ,146 .00/1587 ' = $49.24 per Adi . F.F. (Same as Feasibility Report) La BLOC[ ADJ. FRONT FOOT Assessment Park (City) 1 421 ' $20 ,730.00 8 (City) 1 122' 6 ,007 .00 9 1 120 ' 5 ,909 .00 3 3 99 ' 4 ,875.00 1 4 164 ' 8 ,076 .00 2 4 122' 6 ,007 .00 3 4 169 ' 8,322.00 4 4 211 ' 10 ,390 .00 5 4 1199' 7 .830 .00 Total $T8,146.00 City Total = $26,T3T.00 o ITTACBMENT i3 751 ASSESSMENT Total Assessment = $93 ,854 x 753 = $70,390 .50 Assessment per Adj. F.F. _ $70 ,390 .50/1906 ' = $36 .93/Adj. F.F. City pays the difference $93 ,854.00 - 70 .190 .50 $23 ,463 .50 Plus any Direct assessments to City property Assessment Noll LOT BLOCK ADJ. FRONT F007 ASSESSMENT Park (City) 1 400 ' $14,772.00 10 1 147 ' 5 ,429 .00 11 (City) 1 200 ' 7 ,386 .00 1 2 150 ' 5 ,540 .00 2 2 180 ' 6 ,648.00 3 2 190 ' 7 ,017 .00 4 2 129' 4,764.00 5 2 161 ' 5 ,946 .00 6 2 112 ' 4, 136 .00 1 3 146 ' 5 ,392.00 2 3 91 ' 3 .161 .00 Total 1906' $70,391 .00 City Cost = $22,158.00 Total City Cost 253 Non-Assessed Portion = $23 ,463 .00 Assessment Improved Lot = $22 ,158 .00 Assessment-Unimproved Lot = $26 .717 .00 TOTAL = $72.358 or 42% of the total project ATTACHMENT #4 505 ASSESSMENT Total Assessment = $93 ,854 x 50% = $46 ,927 .00 Assessment per Adj. F.F. _ $46 ,927 .00/1906 ' = $24 .62/Adj. F.F. City pays the difference $93 ,854.00 - 46 .927 .00 $46 ,927 .00 Plus any direct assessments to City property Assessment Roll LOT BLOCK ADJ. FRONS FOOT ASSESSMENT Park (City) 1 400 ' $ 9 ,848.00 10 1 147 ' 3 ,619.00 11 (City) 1 200 ' 4,924.00 1 2 150 ' 3 ,693 .00 2 2 180 ' 4,432.00 3 2 190 ' 4 ,678.00 4 2 129' 3 ,176 .00 5 2 161 ' 3 ,964.00 6 2 112' 2 ,758 .00 1 3 146 ' 3 ,595 .00 2 3 -91 ' 2 .240 .00 Total 1906' $46 ,927.00 City Cost $14,772.00 Total City Cost 50% Non-Assessed Portion = $46 ,927 .00 Assessment Improved Lot = $14 ,772 .00 Assessment-Unimproved Lot = $26 .737 .00 TOTAL = $88.436 or 51% of the total project ATTACHMENT /5 25% ASSESSMENT Total Assessment = $93 ,854 x 25% _ $23 ,463.00 Assessment per Adj. F.F. _ $23 ,463 .00/1906 ' _ $12 .31/per Adj.F.F. City pays the difference $93 ,854.00 23 .463 .00 $70,391 .00 Plus any direct Assessments to City - property Assessment Holl LOT BLOCS ADJ. FRONT FOOT ASSESSMENT Park (City) 1 400 ' $ 4,924.00 10 1 147 ' 1 ,810.00 11 (City) 1 200 ' 2 ,462.00 1 2 150 ' 1 ,847 .00 2 2 180 ' 2 ,216 .00 3 2 190 ' 2 ,339 .00 4 2 129' 1 ,588.00 5 2 161 ' 1 ,982 .00 6 2 112 ' 1 ,379 .00 1 3 146 ' 1 ,796 .00 2 3 911 ' 1 .120 .00 Total 1906, $23,464.00 City Cost = $ T,386.00 Total City Cost 75% Non-Assessed Portion = $70 ,391 .00 Assessment Improved Lot = $ 7 ,386 .00 Assessment-Unimproved Lot = $26 .737 .00 TOTAL = $1049514 or 61% of the total project ATTACHMENT 6 i- / /N Fr �6V le ACrESsWE, 00rr- Kaci AsrB�ti fFA` TABULATION �E.DoeT it- OF - ESTIMATED ASSESSMENTS ADJUSTED FRONT LOT # BLOCS # FOOTAGE ASSESSMENT (City) Park 1 821 $40,417.83 (City) 8 1 122 $ 6,006 .06 9 1 120 $ 5,907 .60 10 1 147 $ 7,236 .81 (City) 11 1 200 $ 9,846 .00 .1 2 150 $ 7,384.50 2 2 180 $ 8,861 .40 3 2 190 $ 9,353 .70 4 2 129 $ 6,350.67 5 2 161 $ 7,926 .03 6 2 _ 112 $ 5,513 .76 1 3 146- $ 7, 18T-58 2 3 91 $ 4,479 .93 3 3 99 $ 4,873.77 1 4 164 $ 8.073.72 2 4 122 $ 6,006 .06 3 4 169 $ 8,319.87 4 4 211 $10,387 .53 5 4 159 $ 7,827.57 i TOTAL 3,493 F.F. TOTAL COST $171 ,948.98 TOTAL CITY COST $56 ,269.89 $171 . 948.98 a $49.23/F.F. 3,493 TYPICAL LOT ASSESSMENT - $7,236 .81 (AVERAGE LOT = 147 FEET) COST COMPAR_TSON AFF METHOD = $7 ,236 .81 PER LOT = $ 9, 049 .95 ATTACHMENT i7 SUNKART OF ASSESSMENT ALTERNATIVES Proposed Assessment (Cost Per Adi. F.F. Total City Cost 100% Assessment $49 .23/F.F. $ 56 ,270.00 (33%) 75% Assessment $36 .93/F.F. $ 72 ,358.00 (42%) 50% Assessment $24.62/F.F. $ 88,436 .00 (51%) 25% Assessment $12.31/F.F. $104,514.00 (61$) 0% Assessment 0 $172 ,000 .00 ATTACHMENT 18 Method of Calculating Adiusted Front Footage The City of Shakopee Special Assessment Policy, Section VIII - A (2) , Page 13 states: "For odd shaped lots such as exist on cul-de-sacs, curved streets, etc. , and where there is more than 2 .0 feet of difference between the front and back lot lines, the "odd shaped loth method of determining the adjusted front footage shall be used . The adjusted front footage shall be computed by dividing the area of the lot by 9 ,000 to determine the equivalent number of front footage units in the parcel. The area shall be computed to a maximum depth of 150 feet only. The number of units multiplied by 60 feet will give the adjusted front footage. RESOLUTION NO. 3059 A Resolution Ordering An Improvement And The Preparation of Plans And Specifications For Roadways Within Killarney Hills Addition Namely (Sharon Parkway and Tyrone Drive) Project No. 1989-7 WHEREAS, Resolution No. 3047 , adopted on May 2 , 1989 , fixed a date for Council hearing on the proposed improvement of all roadways within Killarney Hills Addition (Sharon Parkway and Tyrone Drive) by pavement, curb & gutter and storm sewer ; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 6th day of June 1989 , at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That the improvement is ordered as hereinafter described: The construction of bituminous pavement, curb & gutter and storm sewer on Tyrone Drive and Sharon Parkway located in Killarney Hills Addition 2 . David E. Hutton, City Engineer 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 MEMO TO: Mayor and City Council FROM: Julius A. Collar II, City Attorney RE: Killarney Hills Assessment Policy DATE: July 28, 1989 On July 18th Council discussed the assessment policy for improvements to Killarney Hills, after adopting the resolution ordering the project. During the discussion I was asked how many votes were needed to adopt the assessment policy. I understood the question to be how many votes were needed to order a Council initiated project and answered 4/5ths or 5 out of 6. In fact the answer should have been a simple majority of councilmembers present can establish such a policy. Keep in mind, also, that a future council may see fit to change a policy set be an earlier council. — A good example is the deferment policy for residential property in the downtown project which Council is currently discussing. I apologize for the misunderstanding. CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Commercial Development Revenue Note Refinancing Requests - Resolution No. 3097 DATE: July 27, 1989 INTRODUCTION• A request from Mr. Ed Brownell of Juran & Moody, Inc. representing Shakopee Shops Shopping Center has been submitted for the refunding of $507,00 in commercial development revenue notes sold in December of 1981. The Internal Revenue Code of 1986 requires that the City conduct another public hearing before issuance of the refunding note. Therefore, staff has prepared the necessary resolution establishing a public hearing on this issue. BACKGROUND: In December of 1981 the Shakopee City Council approved the issuance of $600,000 in Commercial Development Revenue Notes for the Shakopee Shops Shopping Center Project. (Red Owl Complex) These bonds were issued at an interest rate of 128. The owners of Shakopee Shops Shopping Center are very interested in refinancing this project. The owners feel that at this time they can obtain a substantially lower interest rate. (Approximately 8%) The owners are also seeking to extend the final payment of the note from 1996 to 2000 so that the balloon payment due on the final payment date is also significantly reduced. Since the City has already authorized the issuance of the note, it is only necessary for the City to pass certain resolutions making it necessary to insure that the issuance of the refunding note complies with current provisions of the Federal Tax Code. The main point of compliance is that of a public hearing. it will be necessary for the City to hold a public hearing concerning the issuance of the refunding note prior to the time at which the City Council passes the final resolution authorizing the issuance of the refunding note. The issuance of the original commercial development revenue note and the proposed refunding note do not impose any financial obligations on the City. Therefore, staff is recommending that Resolution No. 3097 as attached be approved. The resolution establishes a public hearing for September 5, 1989. ALTERNATIVES• 1. Move to offer and approve Resolution No. 3097 calling for a public hearing on the proposed commercial development revenue refunding note for the Shakopee Shops Shopping Center Project. 2. Do not approve Resolution No. 3097 . 3 . Table action on this issue pending further information from staff. RECOMMENDATION• Staff recommends alternative #1. ACTION REODESTED: Offer Resolution No. 3097, a resolution relating to commercial development revenue bonds (Shakopee Shops Shopping Center Project) ; calling for a public hearing on the issuance thereof and move it's adoption. Councilmembe[ introduced the following resolution and moved its adoption: RESOLUTION NO. 3097 RESOLUTION RELATING TO COMMERCIAL DEVELOPMENT REVENUPPNG CENTEREREFUNDING PROJECT) ; CALLING(FOR AKAPPUBLIC EE PHEAROINGION THE ISSUANCE THEREOF BE IT RESOLVED by the City Council of the City Of Shakopee, Minnesota (the City) , as follows: Section 1. Recitals. 1 .01. Pursuant to Minnesota Statutes, Sections 469 . 152 through 469. 165, as amended (formerly codified as Chapter 474) (the Act) , the City is authorized to issue revenue bonds to finance capital projects consisting of pr P ert useful in connection with a revenue-producing enterprise and to issue revenue bonds to refund bonds issued for such purpose. Pursuant to such authority and resolutions of this Council 1981 and December adopted on January 6, 1, 1981, the City issued its Commercial Development Revenue Not1981hainpee theShops Shopping Center Project) , dated December 17, principal amount of $600,000 (the Note) , to finance on behalf of Blair Wolfson, Robert E. Segal, Robert E. Segal, as personal representative of the estate of Benjamin Segal, deceased, and Blair Wolfson and Elizabeth Wolfson, as trustees of the residuary trust created under the last will ltind of of Wilfred Wolfson, deceased, a project construction and renovation of a building on land in the City for use as an approximately 28,900 squareTheeProject r a islocated shopping center facility (the Project) . The Project is at 810-828 East First Avenue in the City. Wolfson; Robert E . Segal; Blair currently owned by Blair Wolfson and Elizabeth Wolfson, as trustees of the residuary trust created under the last will and testament of Wilfred Wolfson, deceased; Hermosa Associates; BenjaminSegal Segal, Testamentary Trust A, u.w. f .b.o. Sada Segal, u w.f.b.o. trustee; and Benjamin Segal Testamentary Trust obert E. Segal, Jerry Segal, Leslie Segal and Hillary Segall,, trustee (the Owners) . 1 .02 . This Council has been advised by representatives of the Owners that a refinancing of the Project through the issuance by the City of revenue refunding bonds or notes at a lower interest cost would make the Project economically more feasible. 1.03 . Representatives of the Owners have requested that the City issue its revenue refunding bonds or notes in one or more series (the Bonds) pursuant to the Act on behalf of one or more of the Owners or related parties (collectively, the Borrower) in such aggregate principal amount as may be necessary to refund the Note, subject to agreement by the Borrower to pay promptly the principal of and interest on the Bonds . 1.04 . This Council has also been advised by representatives of the Owners that, on the basis of their discussions with potential buyers of tax-exempt bonds, the Bonds could be issued and sold upon favorable rates and terms to refinance the Project. 1.05 . Under the Act, the full faith and credit of the City may not be pledged to or responsible for the payment of the principal of or interest on the Bonds . Section 2. Public Hearing 2 .01 . In order that the interest on the Bonds not be includable in gross income for purposes of federal income taxation, this Council is required to conduct a public hearing on the Project. A public hearing on the proposal to refinance the Project and to issue the Bonds is30hereby called and shall be held on September 5, 1989, at - o'clock P.M. at the City Hall. 2 .02 . The City Clerk shall cause notice of the public hearing to be published in the official newspaper of the City, at least once not less than 14 days nor more than 30 days before the date fixed for the public hearing. The notice shall be published in substantially the following form: NOTICE OF PUBLIC HEARING ON THE SHAKOPEE SHOPS SHOPPING CENTER PROJECT AND THE ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS UNDER THE MINNESOTA MUNICIPAL COMMERCIAL DEVELOPMENT ACT, MINNESOTA STATUTES, SECTIONS 469.152-469 . 165 CITY OF SHAKOPEE, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Shakopee, Minnesota (the City) , will meet on September 5, 1989, at 7:30 P.M. , at the City Hall, 129 E. 1st Ave. , in Shakopee, Minnesota, for the purpose of conducting a public hearing on a proposal that the City issue its revenue refunding bonds or notes, in one or more series (the Bonds) , under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469 . 152 through 469 . 165, in order to refund the Commercial Development Revenue Note (Shakopee Shops Shopping Center Project) , dated December 17, 1981, issued by the City in the original principal amount of $600,000 to finance the cost of a project consisting of the construction and renovation of an approximately 28,900 square foot commercial shopping center facility (the Project) . The Project is located at 810-828 East First Avenue in the City. The Project is currently owned by Blair Wolfson; Robert E. Segal; Blair Wolfson and Elizabeth Wolfson, as trustees of the residuary trust created under the last will and testament of Wilfred Wolfson, deceased; Hermosa Associates; Benjamin Segal Testamentary Trust A, u.w. f.b.o. Sada Segal, Robert E. Segal, trustee; Benjamin Segal Testamentary Trust B, u.w.f.b.o . Jerry Segal, Leslie Segal and Hillary Segal, Robert E. Segal, trustee (the Owners) and leased to various tenants . The maximum aggregate principal amount of the proposed bond issue is $510, 000 . The Bonds would be issued on behalf of one or more of the Owners or related parties (collectively, the Borrower) . The Bonds will be special, limited obligations of the City, and the Bonds and interest thereon will be payable solely from the revenues pledged to the payment thereof, except that such Bonds may be secured by a mortgage or other encumbrance on the Project. No holder of any such Bonds will ever have the right to compel any exercise of the taxing power of the City to pay the Bonds or the interest thereon, nor to enforce payment against any property of the City except money payable by the Borrower to the City and pledged to the payment of the Bonds. All persons interested may appear and be heard at the time and place set forth above, or may file written comments with the City Clerk prior to the date of the hearing set forth above. Dated: August 1, 1989 . BY ORDER OF THE CITY COUNCIL By Judith S. Cox City Clerk 2 .03 . The Owners have agreed to pay directly or through the City any and all costs incurred by the City in connection with the proposed issuance of the Bonds, whether or not the Bonds are issued. Passed and adopted by the City Council of the City of Shakopee this 1st day of August, 1989 . Mayor Attest: City Clerk Approved as to form this day of 1989. City Attorney MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Police Civil Service Commission Request for Financial Assistance to Hire a Police Chief DATE: July 28, 1989 Introduction At the meeting of July 21st a written request was received from the Civil Service Commission for financial assistance to facilitate the hiring of a Police Chief. At that time the Chair of the Commission, Mr. Dan Steil, was on vacation. Backoround The Civil Service Commission is desiring to expedite the process of hiring a Police Chief for the City of Shakopee. As a part of that process they would like to engage various professionals to help them with the testing, screening and interviewing of Police Chief candidates so that they can make a timely recommendation to the City Council. At the meeting of August 1st, Mr. Dan Steil will be in attendance to discuss this matter with the City Council. The Civil Service Commission held a meeting on Friday, July 28th and has prepared information that they would like to have discussed by the City Council at the meeting of August 1st. Action Requested Once the discussion has been held the City Council needs to inform the Chair of the Civil Service Commission the level of financial and other assistance that will be available to the Civil Service Commission in facilitating the hiring of a new Police Chief. DRK/jms CONSENT 11d MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Amendment to the Home Energy Check-Up Program Agreement DATE: July 27, 1989 INTRODUCTION- Minnegasco has inquired whether or not the City of Shakopee is interested in extending our Home Energy Check-Up Program through the remainder of this year. Staff is recommending that City Council authorize the appropriate City officials to execute an amendment to the Home Energy Check-Up Program Agreement between the City of Shakopee and Minnegasco which would provide for the extension of the program through December 31, 1989. BACKGROUND: In September of 1987 the Shakopee City Council approved entering into an agreement between the City of Shakopee and Minnegasco for funding of a Home Energy Check-Up Program in Shakopee. The program provides free home energy check-ups to persons living within the Shakopee city limits. The City of Shakopee subsequently entered into an agreement with the Scott\Carver\Dakota Community Action Agency to conduct the home energy check-ups for our residents. The City of Shakopee provides $50. 00 per home energy check-up to the Scott\Carver\Dakota Community Action Agency. An additional $30.00 worth of energy conservation materials are given to each home owner participating in the program. Minnegasco in turn reimburses the City in the amount of $80. 00 per home energy check-up. To date over 50 home owners have participated in the program. The program is being provided at no expense to the City of Shakopee. It is a grant from Minnegasco. Our current agreement with Minnegasco expires on August 31, 1989 . Minnegasco has agreed to extend the program through the remainder of this year at previous funding levels ($80. 00 per home energy check-up) . Staff believes that this a worthy program and does promote the conservation of valuable fossil fuels. Additionally, the program is being provided at no expense to the City of Shakopee. Therefore, staff is recommending that the appropriate City officials be authorized to execute the amendment to the Home Energy Check-Up Program Agreement between Minnegasco and the City of Shakopee. A copy of the proposed amendment is attached for council's review and consideration. ALTERNATIVES• 1. Move to approve the amendment to the Home Energy Check-Up Program Agreement by and between the City of Shakopee and Minnegasco. 2. Do not approve the amendment to the Home Energy Check-Up Program Agreement between the City of Shakopee and Minnegasco. 3 . Table action pending further information from staff. RECOMMENDATION• Staff recommends alternative #1. ACTION REQUESTED: Move to direct the appropriate City officials to execute the amendment to the Home Energy Check-Up Program Agreement by and between the City of Shakopee and Minnegasco. AMENDMENT TO HOME ENERGY CHECK-UP PROGRAM AGREEMENT THIS AMENDMENT to the Home Energy Check-up program Agreement for the period September 1, 1987, through August 31, 1989, between Minnegasco, Inc. (Minnegasco) and the City of Shakopee (City) , is effective August 31, 1989. RECITALS Minnegasco and the City entered into a Home Energy Check-up program Agreement for 300 Home Energy Check-up visits at $80.00 each for the period September 1, 1987 through August 31, 1989. Minnegasco and the City desire to extend the term of the agreement through December 31, 1989. NOW, THEREFORE, Minnegasco and the City agree to amend certain sections of the Agreement as follows, with all other provisions of such Agreement remaining unchanged: SECTION 7. MPUC APPROVAL The terms of this Agreement are dependent upon MPUC's approval of the request by Minnegasco to operate this program in Shakopee. Unless this Agreement is prohibited by the MPUC, or recovery of program costs through natural gas rates is disallowed by the MPUC, this Agreement shall be in force through December 31, 1989. If approval is withdrawn, Minnegasco shall notify the City and thereafter performance by the parties will not be required. SECTION 12. TERMS This Agreement shall be in effect from September 1, 1987 through December 31, 1989. IN WITNESS WHEREOF, Minnegasco and the City have executed this Agreement. MINNEGASCO, INC. CITY OF SHAKOPEE By: By: i i p on ammo oreD—T—sZe e� Vice President Mayor Gas Supply & Regulatory Admin By: enm City Administrator By: u iJ�tF-170-x - City Clerk Dated: Dated: 2 CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: MEBCO Developers Agreement DATE: July 24, 1989 INTRODUCTION• The Shakopee Housing and Redevelopment Authority and the Shakopee City Council have approved the majority of the documents necessary for the approval of the MEBCO tax increment project. The only document which remains to be executed is the development agreement between MEBCO Industries and the City of Shakopee. BACKGROUND: On May 9, 1989 the Shakopee City Council approved Resolution No. 3051 approving modification of the redevelopment plan for the Minnesota River Valley Redevelopment Project No. 1, establishing Tax Increment Financing District No. 7 located within Redevelopment Project No. 1 and approving and adopting a Tax Increment Financing Plan relating thereto. MEBCO Industries, Inc. intends to begin construction of their manufacturing facility in Shakopee within the next week. At this time it would be appropriate for the Shakopee City Council to authorize the appropriate City officials to enter into a contract for private development by and between the City of Shakopee and MEBCO Industries, Inc. The development agreement describes the acquisition and development plan for the MEBCO project. The agreement also sets forth a construction time table and other obligations of the developer. Finally, the agreement provides financial assistance to the developer in the amount of $142, 682 upon completion of the developer improvements as set forth in the development agreement. Due to the length of the development agreement, I have not included a copy for your review. If any of the Council members would like to review a copy prior to the meeting or at the meeting, please contact me. One item of note, the contract sets forth a construction date of August 1 and project completion date of March 31, 1990. The agreement does provide legal remedies to the City should the developer default on the agreement. If the City Council does not have any questions regarding the development agreement, it would be appropriate at this time to direct the appropriate City officials to enter into the contract for private development by and between the City of Shakopee and MEBCO Industries, Inc. ALTERNATIVES: 1. Move to authorize the appropriate City officials to execute the contract for private development by and between the City of Shakopee and MEBCO Industries, Inc. 2. Do not authorize the appropriate City officials to execute the contract for private development by and between the City of Shakopee and MEBCO Industries, Inc. 3. Table action on this item pending further information from staff. RECOMMENDATION• Staff recommends alternative #1. ACTION REOUESTED• Move to authorize the appropriate City officials to execute the contract for private development by and between the City of Shakopee and MEBCO Industries, Inc. 111f MEMO TO: DENNIS KRAFT, ADMINISTRATOR EQUIPMENT COMMITTEE CITY COUNCIL FROM: JIM KARKANEN, PUBLIC WORKS SUBJECT: ALLEY MAINTAINER PURCHASE DATE: JULY 28, 1989 INTRODUCTION: The 1989 Capital Equipment budget provides 812 , 000 for the replacement of our 1955 Huber alley maintainer which is no longer operable. BACKGROUND: The Street and Park departments have been operating without an alley maintainer since our 1955 Huber maintainer had quit functioning last fall . This older maintainer has been declared surplus , and we are attempting to find someone who might buy it. This type of grader is generally used for grading all of our alleys , doing shouldering work, constructing and maintaining ball diamond infields, and landscape work. Our alley grading program is generally scheduled for late Spring, as soon as the frost is out of the ground, and continues until early summer. If we have time, we will grade the alleys again in the fall , depending on climatic conditions. This machine is used throughout the summer season for various maintenance activities, and is considered essential to our operation. Because of the urgency to grade our alleys this Spring, the decision was made to lease an alley grader in order to get our alley work finished on schedule . After investigating alley graders at New Ulm, Long Lake and Minnetonka, we were able to lease a small maintainer from Boyum Equipment Co. of Lakeville. This machine, a Raygo 350 maintainer, was inspected, tested, and considered adequate for our various grading projects. This Raygo maintainer is articulated, powered by a 35 hp. diesel engine, has a front push blade installed, and is equipped with a cab. Parts are available from Zieglers, Inc. , in Bloomington. Our lease agreement with this dealer contains an provision which allows us the option to purchase the machine, providing that the grader will meet our work requirements. The $1200 lease payment will be applied 100% towards the purchase of the machine. We have finished with the alley projects, and have determined that this machine meets our criteria, and is capable of performing the various grading operations required in both departments . While using the machine under the lease agreement, we have discovered several mechanical deficiencies that would require the dealer to make some necessary repairs before we would consider it implementing the purchase option in the agreement. In negotiating with the dealer, it became apparent that we could save considerable money if our City Mechanic made these repairs during the winter season. The dealer has made us an attractive sale offer which would benefit the City by accepting this "as is" proposal. The dealer has also given us a secondary proposal which would require him to re-condition the grader, but we would receive a limited warranty for the machine. This machine will eventually need some repair in its drive train area, (axles and drive chains ) , and we have estimated the projected repair costs with our mechanic, so we know how much repair we will do to this machine during the off-season. There are several machines of this type on the market, and the new machines of this type are selling for approx. $47 ,000 . For this reason, we are recommending the purchase of a used machine. Proposal # 1 "As is" $ 6850.00 'I less 100% rental paid -1200.00 --------------- Our cost $ 5650.00 Our City Mechanic projects a drive train repair cost to be approximately $2000. We would recommend that this repair be done in 1989 , and the money taken out of the Capital Equip. fund. Proposal # 2 Reconditioned price $ 10,800.00 less 100% re%tal paid - 1 ,200. 00 --------------- With limited warranty $ 9 ,600.00 ALTERNATIVES : 1 . Proposal 01 . Purchase the grader in an "as is" condition for a net price of $5650.00, and perform the necessary repairs in-house with repair costs not to exceed $2000.00. 2 . Proposal #2. Purchase the grader in a reconditioned condition for a total of $9, 600 .00. 3. Not purchase a maintainer. RECOMMENDATION: Alternative #1 . Purchase the grader in an "as in" condition, for $5650.00, and schedule further repairs with a cost not to exceed $2000.00. ACTION REQUESTED: Authorize the Public Works Dept. to purchase a Raygo 350 road maintainer from Boyum Equipment Co. for $5650.00. And to authorize up to $2000. 00 from the Capital Equipment fund for any needed repairs by the City Mechanic. N N N N N N NN N I, Cr O O O O O O O O O O OO O O J S 0 0 ® 0 0 00 o m + P + P + A W N • + W + V + m + O + PP • A O ' 2 y O K O O n O O O O O O O O O O 00 O D - J J J J J y m NW m N N N N N N N N NN N D O 0 m m m 0 m O m01 W S 9 m m o m m m m o m m mm m m a ; 0 mW NN C_ mm mm NN N y NN 00 NU1 NN 00 NN WW NN 00 mm mm mN NN WN NN 00 NON 00 WW 0000 00 mW 00 000 vJ mm mm 00 00 oW 00 00 00 mo 000 JJ o 0 O 1 O o m m s as mm o0 m � y m a ➢ ma r < r W r x O z z nn m m o < o x 0 n o z y A m o W O y m x D Y O yY A p T 2 A p m 2 Z T y W W Ji m N 22 A y y A m C C m A C O C Z K? 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S S S m m m m ro � m 3 W a m m m v 9 0 H H I I b pp W a n a a ro ro ro a m [m M 3 m m O � m n a W W wrSwSr W8rN W8 088800 W8W8W W WS W8W8W W8W8W8W w8w8W8 W 0 8 or rr rr H000000 mm m o Y O w O m µ W C 4 O O h1 = KJ _ _ = C•J < fn ro i+ 9 y 3 K C �] u S p. N S M h > y 'mm 0 0 7 E m o G c m O ro 3 W w a m c m• m r w m O O 1 m m 0 Y Y cr c S i+ Y Y y .* m m m y m 0 W Y U1 F � y m m O r• y S m m y < W H y O ro w m p m F � W a F Y N r �O Vri M Oma w w w F N O\ O �O F O m F O \11 ym O F Ir. O m O N O N w m w r vl vl .1 O O T m m �n pp 0 O 0 ,1 � O H � J Y O 0 0 vl vl 0 0\ a\ v w O R S a n � G Y 'G mm-t.no � n Frw o+Y 5 I I I I nI Cy a Uo 1 H yyKama n t r3 .. w bi � Y v� Y 1 10 H W M fi c'00 3 3 m m O C � � O µ I M Yv N n � o m i� a ppF r N m V �IOY �W LC+1 �n t00�1 N C �t � r vl vl Rl v n Fl z n r F O) b Z O m 'J a 0 n F a 3 CONSENT I I k MEMO TO: Dennis R. Kraft, City Adm lstrator FROM: Judith S. Cox, City Clerk RE: Application for 3.2 Beer L ense by Stonebrooke DATE: July 27, 1989 INTRODUCTION & BACKGROUND: Stonebrooke of Shakopee, Inc. , 2693 County Road 79 has made application for a 3.2 beer license for the clubhouse at Stonebrooke Golf Course. The City Attorney has reviewed the application, surety bond and certificate of insurance and they are in order. One of the conditions of the administrative waiver from the Planned Unit Development for the temporary building for the clubhouse was that no food service shall be allowed in the temporary building. The applicant has agreed to limit sale of beer to cans, until the permanent facility is completed. ALTERNATIVES• 1. Approve applications. 2. Deny application. RECOMMENDATION• Alternative No. 1, Approve applications. RECOMMENDED ACTION: Approve the application and grant a non-intoxicating malt liquor license to Stonebrooke of Shakopee, inc. , 2693 County Road 79. JSC/tiv "-"®N' orz'I ii MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Application for 3.2 Beer License by Kenneth D. Berg dba Shakopee Bowl DATE: July 27, 1989 Introduction and Background Kenneth D. Berg, doing business as Shakopee Bowl, has made application for a 3.2 beer license at 222 East First Avenue. In previous years the application was in the name of Judy A. Berg. The City Attorney has reviewed the application, surety bond and certificate of insurance and they are in order. Alternatives 1. Approve application. 2. Deny application. Recommendation Alternative No. 1, approve application. Recommended Action Approve the application and grant an on sale non-intoxicating malt liquor license to Kenneth D. Berg, 222 East First Avenue, from August 2, 1989 to June 30, 1990. '. JSC/jms �edise � I lJ MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Policy on Use of City Vehicles DATE: July 28, 1989 Introduction At the meeting of July 21st the City Council discussed the provision of an automobile for the City Administrator. Council agreed to provide an automobile and determination was made that the provision of the automobile should be consistent with a City policy on vehicle use. Background The usage of City vehicles is regulated by a City policy. Several changes have taken place since the last policy was adopted five years ago. This policy has been updated to reflect current usage along with provisions on the use of a vehicle by the City Administrator. Alternatives 1. Approve the amended policy and resolution as presented. 2. Amend the policy on City vehicles and approve it. Recommendation Alternative No. 1 is recommended. Action Requested Offer Resolution No. 3098, A Resolution Amending the City's Policy for City Vehicles, and move its adoption. DRK/jms RESOLUTION NO 3098 A RESOLUTION AMENDING THE CITY'S POLICY FOR CITY VEHICLES WHEREAS, the Shakopee City Council has determined that it is in the best interest of the City of Shakopee to formulate a policy to regulate the use of City owned/leased vehicles and private vehicles used for City business; and WHEREAS, the City Council desires to clearly convey this policy to City employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the Shakopee City Council does hereby adopt the City Vehicle Policy dated August 1, 1989 which shall be attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that Resolution No. 2466 is hereby repealed in its entirety. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1989. City Attorney CITY VEHICLE POLICY August 1, 1989 Vehicles owned or leased by the City of Shakopee are divided into three categories. These categories include (1) regular City vehicles, (2) commuting vehicles and (3) the City Administrator's vehicle. Further information and regulations for the three aforementioned categories of vehicles are provided below. Regular City Vehicles Regular City vehicles are those vehicles owned or leased by the City which are to be used for official business only. No personal use of these vehicles will be allowed except for the de minimus use such as a lunch stop between two business locations or other meal stops associated with City business. Employees shall use City vehicles when available for business use. Employees who use their personal vehicles for City business shall be reimbursed at the rate established by the U.S. Internal Revenue Service (IRS) . The City may require proof of insurance be provided by City employees using their personal vehicles. Communting Use Vehicles Certain City owned/leased vehicles may be assigned to employees for commuting use as well as official City business. These vehicles are used for commuting purposes so that they can be available for emergency responses and in other ways to best serve the interest of the residents of Shakopee. These vehicles are to be used for business of an official nature and for commuting use, except for de minimus personal errands between the workplace and the employee's residence. The City shall adhere to IRS regulations regarding the reporting of the commuting use of City vehicles. The following employees may be allowed to have access to commuting use vehicles: Public Works Superintendent Street Department Foreman Police Chief Fire Chief Building Inspector City Engineer City Administrator Vehicle The City Administrator is to be provide a City owned/leased unmarked vehicle for personal and business use. This use of the City vehicle is allowed anywhere that the City Administrator is ' conducting City business. Personal use of the City vehicle shall be restricted to the seven-county Metropolitan area, except as otherwise allowed by the City Council. When the vehicle is used for business use outside the seven-county Metropolitan area, de minimus personal use for meals, etc. is allowed. The Administrator shall keep a written log of all business mileage. The City shall adhere to IRS regulations relative to the reporting of the personal use of the City vehicle. Conditions which AD01V to All Personal Use of Vehicles The following shall apply to all City vehicles used for commuting use or use by the City Administrator. The taxable portion of the employer-provided automobile shall be treated-aa-paid-annna��p-en Beeember-33. The use of City vehicles and personal vehicles for City use may be further delineated in a City vehicle drivers policy. All City vehicles, except the City Administrator's vehicle and those vehicles used for police purposes, shall be aemarked and licensed in accordance with applicable state statutes. * grossed into the employees income as required by the Federal Deficit Reduction Act. 11J MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Policy on Use of City Vehicles DATE: July 28, 1989 Introduction At the meeting of July 21st the City Council discussed the provision of an automobile for the City Administrator. Council agreed to provide an automobile and determination was made that the provision of the automobile should be consistent with a City policy on vehicle use. Background The usage of City vehicles is regulated by a City policy. Several changes have taken place since the last policy was adopted five years ago. This policy has been updated to reflect current usage along with provisions on the use of a vehicle by the City Administrator. Alternatives 1. Approve the amended policy and resolution as presented. 2. Amend the policy on City vehicles and approve it. Recommendation Alternative No. 1 is recommended. Action Requested Offer Resolution No. 3098, A Resolution Amending the City's Policy for City Vehicles, and move its adoption. DRK/jms RESOLUTION NO. 3098 A RESOLUTION AMENDING THE CITY'S POLICY FOR CITY VEHICLES WHEREAS, the Shakopee City Council has determined that it is in the best interest of the City of Shakopee to formulate a policy to regulate the use of City owned/leased vehicles and private vehicles used for City business; and WHEREAS, the City Council desires to clearly convey this policy to City employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the Shakopee City Council does hereby adopt the City Vehicle Policy dated August 1, 1989 which shall be attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that Resolution No. 2466 is hereby repealed in its entirety. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1989. City Attorney CITY VEHICLE POLICY August 1, 1989 Vehicles owned or leased by the City of Shakopee are divided into three categories. These categories include (1) regular City vehicles, (2) commuting vehicles and (3) the City Administrator's vehicle. Further information and regulations for the three aforementioned categories of vehicles are provided below. Regular City Vehicles Regular City vehicles are those vehicles owned or leased by the City which are to be used for official business only. No personal use of these vehicles will be allowed except for the de minimus use such as a lunch stop between two business locations or other meal stops associated with City business. Employees shall use City vehicles when available for business use. Employees who use their personal vehicles for City business shall be reimbursed at the rate established by the U.S. Internal Revenue Service (IRS) . The City may require proof of insurance be provided by City employees using their personal vehicles. Communting Use Vehicles Certain City owned/leased vehicles may be assigned to employees for commuting use as well as official City business. These vehicles are used for commuting purposes so that they can be available for emergency responses and in other ways to best serve the interest of the residents of Shakopee. These vehicles are to be used for business of an official nature and for commuting use, except for de minimus personal errands between the workplace and the employee's residence. The City shall adhere to IRS regulations regarding the reporting of the commuting use of City vehicles. The following employees may be allowed to have access to commuting use vehicles: Public Works Superintendent Street Department Foreman Police Chief Fire Chief Building Inspector City Engineer City Administrator Vehicle The City Administrator is to be provide a City owned/leased unmarked vehicle for personal and business use. This use of the City vehicle is allowed anywhere that the City Administrator is conducting City business. Personal use of the City vehicle shall be restricted to the seven-county Metropolitan area, except as otherwise allowed by the City Council. When the vehicle is used for business use outside the seven-county Metropolitan area, de minimus personal use for meals, etc. is allowed. The Administrator shall keep a written log of all business mileage. The City shall adhere to IRS regulations relative to the reporting of the personal use of the City vehicle. Conditions Which Apply to All Personal Use of Vehicles The following shall apply to all City vehicles used for commuting use or use by the City Administrator. The taxable portion of the employer-provided automobile shall be treated as paid annually on December 31. The use of City vehicles and personal vehicles for City use may be further delineated in a City vehicle drivers policy. All City vehicles, except the City Administrator's vehicle and those vehicles used for police purposes, shall be unmarked and licensed in accordance with applicable state statutes. Ilk MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Letter of Appointment of City Administrator DATE: July 28, 1989 Introduction Attached is a letter in which I have attempted to outline my interpretation of the conditions imposed and agreed to by the City Council relative to my appointment as City Administrator for the City of Shakopee. I£ the attached letter reflects the consensus of the City Council the Council should direct the Mayor to execute the letter. Action Requested Move to authorize the Mayor to execute the letter of employment dated August 1, 1989 to Dennis R. Kraft. DRK/jms CITY OF SHAKOPEE INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 553791375 (812)465.1650 , August 1, 1989 Mr. Dennis R. Kraft 13121 Oakland Drive Burnsville, MN 55337 Re: Letter of Employment Dear Mr. Kraft: At a special meeting of July 21, 1989 the City Council discussed employment conditions relative to your appointment as City Administrator effective July 11, 1989. The general conditions relating to this appointment are as follows: 1. The position will be treated in a manner similar to other exempt class City employees relative to obliga- tions, duties, rights, and compensation pursuant to all other applicable conditions of the City's Personnel Policy and local and state ordinances and regulations. 2 . The appointment will be at Step III of the Pay Plan for the job of City Administrator. 3. The compensation for the position will be moved to Step IV of the Pay Plan effective January 11, 1990. 4. The City Administrator shall specifically refrain from active involvement in Shakopee political activities. 5. The City Administrator shall be given proper adminis- trative latitude to run the City organization consistent with the provisions of Section 2 . 05 of the City Code. 6. Emphasis shall be placed upon the establishment and maintenance of an open, high level of communication with all City Council Members. 7. The City Council agrees to evaluate the job performance of the City Administrator every six months, beginning January 11, 1990. The Heart Of Progress Valley AN EQUAL OPRORTUNITY EMPLOYER it r( Dennis R. Kraft Page Two August 1, 1989 If you agree with the provisions of this letter please sign at the place provided below. Dolores M. Lebens, Mayor Accepted by: Dennis R. Kraft Date Attest: City Clerk Date MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Engineer SUBJECT: Alley Behind City Hall DATE: July 25, 1989 INTRODUCTION: The City Council has directed staff to investigate whether or not it would be feasible to close off the alley behind City Hall to through traffic. BACKGROUND: On July 18 , 1989 the City Council of Shakopee directed staff to explore the possibility of closing the alley off behind City Hall to through traffic. A tremendous amount of traffic is using this alley as a short cut to get to Holmes Street rather than wait for the traffic congestion on First Avenue to clear. City staff, along with Council members, have received numerous complaints on the amount of traffic, speed of the traffic and unsafe conditions for pedestrians trying to cross the alley from the municipal parking lot. Council has requested that the alley be closed at Holmes Street to eliminate the high volume in this alley but to leave the alley open at Lewis Street so that vehicles can still enter the alley to park behind the businesses located in this block. Staff has discussed this situation with the Public Works Superintendent, Mn/DOT, Chief of Police and all business owners located in this block. The Chief of Police is in full support of this proposal and has recommended that this alley be closed in the past. Mn/DOT would also prefer to see this alley closed to eliminate traffic problems on Holmes Street just south of the bridge. The Public Works Superintendent does not foresee any problems with the proposal either. Staff has discussed this idea with all property owners located in this block and, with the exception of two, all business owners do not have any problems with the proposal to close off this alley. There were two business owners who had some concerns regarding this, as follows: The owner of Parkside Printing is very concerned about this proposal for several reasons. First, they receive approximately one semi-truck per day delivering supplies to his business. If the alley was closed at Holmes Street, the semi would have to either turn around to come back out on Lewis or else back out of the alley. Secondly , he is concerned because much of their business is delivering. Their delivery trucks utilize this alley I � X quite extensively to exit onto Holmes Street and go north across the bridge. If the alley was closed, the delivery trucks would then have to go out Lewis onto First Avenue and then get on the bridge. Due to the heavy congestion on First Avenue and the fact that Lewis Street is often blocked with semi-trucks, the owner is concerned about the loss of time for the delivery vehicles. In short, the owner of Parkside Printing is opposed to the idea of closing off the alley to through traffic. He has suggested that the City install signs on the alley and on First Avenue stating that this alley is not to be used for through traffic . He is also suggested that the City install larger speed bumps in the alley to discourage its use from through traffic. The second business owner who had a concern regarding this proposal is the owner of the antique store. Her concern is that nearly 100% of her business is from drive by traffic on First Avenue. Most of these vehicles will see her store from First Avenue while they are waiting for the light to change and will then turn right onto Holmes Street and turn right at the alley to park behind her store. She has installed a large sign in her window that says "Parking in Rear" . Her concern is that by closing this alley, the drive by traffic will not be able to park anywhere near her store to shop there. She is also opposed to this proposal . ALTERNATIVES: The alternatives available are as follows: 1 . Do nothing, thereby allowing the through traffic to continue to use this alley. 2. Close off the alley at Holmes Street, thereby eliminating any through traffic. 3 . Do not close off the alley, but try to discourage through traffic by increased signing and larger speed bumps. RECOMMENDATION: Staff understands the concerns of the affected businesses along this alley, but the use of this alley is more of a convenience than a necessity and the use of the alley is more of a habit than anything. Speed bumps have proven to be ineffective in this alley mainly because vehicles will drive around the ends of the speed bumps. Signing would help but would not solve the problem because vehicles would ignore the signs and it would be extremely difficult to enforce them. As I understand it, the semis for the print shop back up to the loading dock every morning. It does not appear to me to be a difficult maneuver to exit easterly towards Lewis Street rather than westerly towards Holmes Street from that parked position . Even if they do not back up to the loading dock, it would not be a difficult maneuver to back out of the alley once the through traffic is eliminated from the alley. Additionally, staff is proposing to build a driveway ramp at the far west end of the parking lot so that vehicles could actually turn into the City lot and come back through the lot onto Lewis Street without having to back down the alley. Staff feels that this would be an acceptable interim solution. Staff also believes that delivery vehicles and customers will find alternative routes for driving and parking once the alley is closed. Once the habit of using this alley is broken, staff does not view this act as an inconvenience to the area. Staff is recommending that the City Council close the alley to through traffic by installing barricades at Holmes Street. In addition signs should be placed at the east end of the alley indicating that this alley is no longer available for through traffic. The City Council should be aware that during the first several weeks that the alley is closed , there will be a substantial uproar from the traveling public and the Council should be prepared to receive phone calls. During the time the public is getting use to this idea, there will be a period of confusion when vehicles will still continue to enter the alley and be forced to return to Lewis Street to get back on to First Avenue. ACTION REQUESTED: Move to direct the appropriate City staff to close off the alley behind City Hall at Holmes Street by installing barricades at the west end of the alley and also to install the appropriate signing at the east end indicating that the alley is a dead end alley and no longer in use for through traffic. DH/pmp ALLEY MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Engineer SUBJECT: Shakopee Bypass (Southerly) DATE: July 24, 1989 INTRODUCTION: Attached is a supplemental agreement with Barton-Aschman Associates, Inc, for design services associated with the Shakopee Bypass. BACKGN00MD: Currently , the City has an agreement with Barton-Aschman Associates, Inc. for design services associated with the Shakopee Bypass . The agreement includes designing the six , County crossroads (83, 16 , 17 , 79 , 77 and 15) as well a preparing the right-of-way documents for Mn/DOT. These design services were initiated by Mn/DOT, who requested that the City of Shakopee retain a consultant to assist them in completing the design. The agreement has a snot-to-exceed" figure of $280 ,770.00. Mn/DOT has now sent a letter to staff ( letter attached ) requesting that the City of Shakopee provide further assistance to them by having Barton-Aschman prepare the drainage easement documents, also. Staff contacted Barton-Aschman regarding a change to their existing contract and have received a proposal for a supplemental agreement (attached) . Per this supplemental agreement, they will do the additional work for an estimated cost of $51 ,873 .60 . This would increase he total contract with Barton-Aschman to $332,643 .00. The funding for this agreement is part of the City of Shakopee' s $1 .0 million contribution to Mn/DOT towards this project. The City Council of Shakopee has previously executed two other agreements for design services to assist Mn/DOT on this project. Orr-Schelen-Mayeron is dong the drainage design for the bypass at an estimated cost of $115 ,000 . Mn/DOT has also retained two consultants to complete the bridge design and the City agreed to pay for these consultants. The bridge design is estimated at $361 ,487 .00 . The following table summarizes the City of Shakopee' s committed expenditures for the various design elements: Drainage Design (OSM) $115,000 Bridge Design (Mn/DOT) $361 ,487 Cross Roads Design (Barton-Aschman) $332.64-4 Total (To Data) $809,130 ALTERNATIVES: 1 . Approve of the supplemental agreement with Barton-Aschman for design services associated with the Shakopee Bypass. 2 . Deny the agreement. RECOMMENDATIONS: Staff recommends Alternative No. 1 . ACTION REQUESTED: Move to direct the appropriate City officials to execute a Supplemental Agreement with Barton-Aschman to provide additional design services associated with the Shakopee Bypass. d'"'"ESOT9 Minnesota a° yo Department of Transportation District 5 700 AO¢ 2055 No. Lilac Drive op raP`' Golden Valley, Minnesota 55422 16121593- 8404 June 14, 1989 Dave Hutton, P.E. City Engineer City of Shakopee 129 East First Ave. Shakopee, IMI 55379-1376 Re: S.P. 7005 (101=187) Shakopee 8y-pass Barton-Asch an Associates' Pre-acquisition Contract Expansion Dear Mr. Hutton: Construction plans for the Shakopee By-pass have been expanded to include the construction of a portion of the Upper Valley Drainage Project from CSAH 15 to C.R. 17 (phase III on the attached map) and six connector ditches. In order to expedite this project and to avoid multiple acquisitions from adjacent property owners, Mn/DOT requests that the City extend the existing pre-aoquisition contract with Barton-Aschman Associates to include the drainage project. In addition, for the sake of continuity of right of way pre-acquisition, M IDDT requests that the portion of T.H. 101 from its' intersection with T.A. 169 to CSAR 15 (stage 5 on attached map) be included in the Barton-Aschman contract. If you have any questions concerning this matter, please contact Paul H. Stine, Assistant District Right of way Engineer, at 591-4646. i S' obrel - 1 � 1 ensen stmt District 1hgineer An Equal Opportunity Employer Barton•Aschman Associates, Inc. 111 Third Avenue South, Suite 350 Phone:(612) 332-0421 Minneapolis, Minnesota 55401 Fax: (612) 332-6180 USA July 14, 1989 Mr. David Hutton, P.E. City Engineer City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Pial to Provide Supplemental Right-o£-Way Pre-acquisition Services Associated With the TH 101 Bypass and the Upper Valley Drainage Improvements in Shakopee, Minnesota (S.P. 7005) Dear Mr. Hutton: As you know, Barton-Aschman Associates, Inc. is preparing contract documents and riot-of-way documentation for various construction stages of the TH 101 bypass. In an effort to maintain overall project continuity we hereby submit the following proposal for extra work as requested. Pased on our urierstan ing of the specific goals and objectives established by MnDOT and the City of Shakopee, we have identified for your consideration, the following supplemental work description and scope of services. Work Descriction This supplemental agreement shall amend that agreement dated November 7, 1988, between the City of Shakopee and Barton-Asrlman Associates, Inc. as follows. Modify Attachment A, Section 3.7.3 "Right-of-Way Plans/Acquisition" to include: 1. Conduct pre-acql,;=ition richt-of-way documentation for all partial land acquisitions from TH 169 east to CSAH 15. Total takings have been completed by MnDOT. 2. Conduct pre-acquisition easement documentation for all drainage easements associated with the Upper Valley drainage inproveent project - Stage III (S.P. 7005.8808) . Backgnxrd design data will be furnished and coordinated with the city's drainage consultant. O � -YYA- Barton-Aschman Associates, Inc. July 14, 1989 Page 2 Oomoamation The Cost plus fixed fee is estimated at $51,873.52 to ooWlete the above services. A contract pricing proposal is attached for your reference. If you have any questions or require any additic�nal information please contact me or John Millan. Sincerely, ASaMW ASSOCIATES, INC. David B. =2 P.E. Principal Associate Approved by the City Council of Shakopee Jam^/� f_ on the 1st Day of August , 1989 . J' chn C. Millan, P.E. Vice President and Its Contracting Officer DBW/JQ4:kro Dolores Lebens , Mayor x. N men, MnDOT Date Dennis Kraft , City Administrator Date ATTEST : Judith Cox , City Clerk Date (7 *"- CONTRACT PRICING PROPOSAL 06<e °( Man.t.menE ind Budget (RESEARCH AND DEVELOP.NENT) AppID.d N°- "_RoIRA TDi. i. W .r rl,m !:1 •.b ! O, F. P4R ds Ir. FPR r-fxT_fl a ,.Vud.d rd Ince ro. Iro.O,•.us al fx wburvse. dte Op.. Ft+e. H u rY.Rvd bT dw aaM°..n.E 06R... r R O.OM RCA SV.Yl1 r 10W 14.':CEf 10 LL WmW,lc Barton-Aschman Associates, Inc. Supplemental Right-of-Way .ore 0MC1Ae - Pre-acquisition services for the TH 101 111 Third Avenue South, Suite 350 Bypass in Scott County Minnesota (S.P. 7005) Minneapolis, MN 55401 °IW:OHSI AMC LofATG Sl'ALAE M4 0 to.E KV D MTU ArOwr Or IAO 0" �CO9l SOLKRADOr M. Minneapolis Office S 51,873.52 DETAIL DESCRIPTION OF COST ELEMENTS EST COST (SJ TOTAL REFER. E. Ct•ECI.uRCu(EhY... Giid A/ EST COST' ENCE= a PUQCY D'AATS CARD Supplies and Reproduction 1,000.00 -__ 4 SDKOMrRACTED Oe1.1 c rn .—/IJ uw rAtcnu ISl Sou.nAro.RD mrrR.LTAt rtw " (J) WE[RNNSICruR VERSA,.rM N.. .1 TOTAL DIRECT MATERIAL I'1" x rARRua owsrtAn' pL,. sXl I.rrl --A R. MaLAID. (SR,n/�l EMOUR30 "OUR COST T(S) Principal Associate 60 31.50 1,890.0 Senior Associate 80 25.00, 2,000.0 ssociate =80 17.001 - €I technician =`1 TOTAL DIRECT"ROR '_r 'r- ^_ ,.. ,� " ' -" +' WW 718.Oti .. LAID.e9u.eAp (Sp.:/I GTS C-° F- Ow-.LAIR :"S' ElT mat (Rl r 1.6566 9 718.00 16 098.8 TOTAL "DOR OVERHEAD •-- 16, .84 S SMCILL i[fipG (l.,!✓I.'.j fd/ I A, G,�M,i.,,Jl.,w,l 6T CMr /S1 --.� :.' { TOTAL SPECIAL. TFSTIVG 1 r.- I t s,t Y EC.DrEMT (l/Z. .b q,) (L ted.r P la:,AI (6:n d-d r ,_Y SdN ') Elr CWT IS) :I .. reuu.omrlo,. Milea e X 0.24 100.0 ° A M.Dor p SULUSRM6 'TOTAL TRAVEL I"" 00.0Q R. cOMfLLTYRf (u...:/�-P..r.-••••/ ea cmrr/) - .,...:1 u. Kosenoium - ttorney (title investigations pproxima e y as a /Eirie and con inua ions odlund-Ta for Inc. - Appraisers 1 20 000.0 Approximately 20 parcels at $1,000/parcel TOTAL COXSULTA..TT 22,375.0m 9. CIM.O eRCI COS.Il--r EJ4AI �G TOTAL DIRECT COST AND OVERHEAD - Il. GWEY.I MD ADr1114rM ELWIE (Ri/. t .(ret duet y /� Ex .OT41LS• ES TOTAL ESTI.ATED COST EA Me O.ApEI E3. TOTAL ETTIMATED COST AND FEE OR PROFIT 151 873.5 I oP o"D L 1.14 m ' (k,Mee 1911 II �� RESOLUTION NO. 3042 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR DESIGN SERVICES ASSOCIATED WITH THE EIGHT CROSSROAD BRIDGES FOR STATE TRUNK HIGHWAY 101 SHAKOPEE BYPASS WHEREAS, the City of Shakopee has agreed to contribute $1 . 0 million to the State of Minnesota towards the State Trunk Highway 101 Shakopee Bypass, and WHEREAS, the City of Shakopee has entered into an agreement with Barton-Aschman Associates, Inc. for roadway design for six of the crossroads associated with the Bypass in the amount of $380,769. 89, and WHEREAS, the City of Shakopee has entered into an agreement with Orr Schelen Mayeron & Associates, Inc. for storm drainage improvements associated with the Bypass in the amount of $115, 000.00, and WHEREAS, the Minnesota Department of Transportation is requesting that the City of Shakopee spend a portion of this commitment towards bridge design consultants. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proper City officials are hereby authorized to execute Agreement No. 65657 with the Minnesota Department of Transportation for the cost of consultant services for the design of Bridge Numbers 70011, 70012, 70039 , 40040, 70013 , 70014 , 40037 and 70038 on the State Trunk Highway 101 Shakopee Bypass in the amount of $361,487.00. Adopted in R.ri� ' /71,P, session of the City Caun 1 gf the City of Shakopee, Mijines�a, held this day of , 1989 . Mayor of the City of Shakopee ATTEST: City— 1lark Approved as to fors this day of , 1989 . City At ney ONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Commercial/Industrial/Mortgage Revenue Bond Refinancing Fee - Resolution No. 3094 DATE: July 25, 1989 INTRODUCTION• The City of Shakopee has received a request from a developer to refinance industrial revenue bonds that were sold in a 1981 bond issue. This is a request that the City of Shakopee has not experienced in the past and since administrative costs will be incurred in conjunction with processing said refinancing, staff is recommending that the fee resolution be amended accordingly. BACKGROUND: The currently adopted fee schedule provides for a fee for processing commercial/industrial/mortgage revenue bond applications. The present fee is 1/10 of 1% of the bond amount with a $2500 minimum and $6000 maximum. The present fee resolution also calls for the payment of legal expenses as billed by the party requesting said financing. However, the present fee resolution is not clear on whether or not both the 1/10 of 18 fee and the legal expenses as billed should be simultaneously paid by said party requesting financing. Additionally, the present fee schedule does not address a fee for processing refinancing requests. In an effort to clean up this section of the fee schedule and to provide a fee for processing refinancing requests, staff is recommending Council approval of Resolution No. 3094 as attached. The proposed resolution clarifies the 1/10 of 1% fee in the amount of bonds issued with a $2500 minimum and a maximum not to exceed $6000 plus legal expenses as billed. The proposed resolution also establishes a refinancing fee in the amount of 1/20 of 18 of the amount of bonds originally issued with a $1250.00 minimum and $3,000 maximum plus legal expenses as billed. This is 1/2 the original application fee. Staff is recommending Council approval of Resolution No. amending Resolution No. 2987 adopting the 1989 fee schedule providing a fee for the processing of commercial/industrial/ mortgage revenue bonds and establishing a fee for refinancing of commercial/industrial/mortgage revenue bonds. ALTERNATIVES• 1. Approve Resolution No. 3094 amending the 1989 fee schedule providing for the collection of an application fee for commercial/industrial/mortgage revenue bonds and for refinancing of said bonds. 2. Do not amend the fee schedule providing for a fee to off-set City costs incurred in conjunction with refinancing of commercial/industrial/mortgage revenue bonds. 3. Amend the 1989 fee schedule clarifying the collection of a commercial/industrial/mortgage revenue bond fee plus the payment of legal expenses as billed and do not propose a new fee for processing commercial/industrial/mortgage revenue bond refinancing request. RECOMMENDATION• Staff recommends alternative #1. ACTION REODESTED: Offer Resolution No. 3094, a resolution amending Resolution No. 2987 adopting the 1989 fee schedule providing for the collection of an application fee for commercial/industrial/mortgage revenue bonds and the payment of legal expenses as billed and establishing a new fee for processing commercial/industrial/ mortgage bond refinancing requests and move it's adoption. RESOLUTION NO. 3094 A RESOLUTION AMENDING RESOLUTION NO. 2987 ADOPTING THE 1989 FEE SCHEDULE PROVIDING FOR THE COLLECTION OF AN APPLICATION FEE FOR COMMERCIAL/INDUSTRIAL/MORTGAGE REVENUE BOND REQUESTS PLUS THE PAYMENT OF LEGAL EXPENSES AS BILLED AND ESTABLISHING A NEW FEE FOR PROCESSING COMMERCIAL/INDUSTRIAL/MORTGAGE REVENUE BOND REFINANCING REQUESTS WHEREAS, the Shakopee City Council passed Resolution No. 2987 adopting the 1989 fee schedule, and; WHEREAS, the present fee schedule as it relates to commercial/industrial/mortgage revenue bond application fees is not stated in a clear manner and; WHEREAS, the City of Shakopee has received a request to refinance industrial revenue bonds, and; WHEREAS, the City of Shakopee does not currently have a fee for processing said refinancing request. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Shakopee, MN that Resolution #2987 adopting the 1989 fee schedule is hereby amended by clarifying that the fee for commercial/industrial/mortgage revenue bonds will be 1/10 of 1% of the amount issued with a $2500 minimum and a $6000 maximum plus legal expenses as billed, and; establishing a fee in the amount of 1/20 of 1% with a $1, 250 minimum and $3000 maximum for City costs incurred in the processing of refinancing requests for commercial/industrial/ mortgage revenue bonds plus legal expenses as billed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1989 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1989 . City Attorney CONSENT � � b TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1989 Budget Amendment Resolution No. 3096 DATE: July 26, 1989 Introduction Council has taken action on or approved of many items since the first of the year that impact on the 1989 Budget in addition to other events that affect the budget. The attached Resolution amends the budget to reflect those changes and other items as detailed below. This is a "housekeeping" action. Council should feel free to call if there are any questions. Backcround The changes are shown below. General Fund Police 1988 backpay 01-4100-312-31 $ 10,570 1988 backpay 01-4141-312-31 1,270 1988 Uniform Allowance 01-4210-312-31 5,400 Reimbursed Services (track) 01-4100-312-31 26,800 " 01-4141-312-31 3,200 Pool Sun Shade increase 01-4511-611-61 1,000 Painting 01-4232-611-61 1,990 Time Clock 01-4511-611-61 280 Finance Network Software 01-4511-154-15 1,000 Govt Bldg Hirise oven 01-4511-184-18 1,900 Unallocated Debt service transfer 01-4710-911-91 129,308 Revenue Police Services 01-3531 30,000 Contingency 01-4991-911-91 (6,170) Fund Balance (146,548) Action Requested Offer Resolution No. 3096, A Resolution Amending Resolution NO. 2989 Adopting the 1989 Budget, and move its adoption. Resolution Number 3096 A Resolution amending Resolution Number 2989 adopting the 1989 Budget. WHEREAS, the Shakopee City Council did pass Resolution No. 2989 adopting the 1989 Budget, and WHEREAS, subsequent events and circumstances make it desirable to amend said budget, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that the 1989 Budget is hereby amended by the following amounts; General Fund Finance Capital $ 1,000 Police Personnel 41,840 Supplies & Services 5,400 Pool Supplies 6 Services 1,990 Capital 1,280 Government Bldgs Capital 1,900 Unallocated Debt Service Transfers 129,308 Unallocated Contingency (6,170) Revenue Police Services 30,000 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1989 ATTEST: Mayor of the City of Shakopee City Clerk Approved as to form this day of 1989. City Attorney ;ONSENT TO: Dennis R. Kraft, Acting Administrator FROM: Gregg Voxland, Finance Director RE: Department Head Physical DATE: July 25, 1989 Introduction The City has had a policy for several years of the City paying for the cost of a physical that is not covered by insurance. This applies only to department heads and the City Administrator. Background The policy (Administrative Policy Number 93) of the City paying the cost of a physical that is not covered by insurance has been in place for several years and was based on Resolution Number 1351. This benefit has not been used very much and the current health insurance policy does pay for the cost of an annual routine physical. Due to IRC Section 89 provisions that consider this policy as disproportionately favoring highly compensated employees, the City has three options. Alternatives 1. Discontinue paying the cost difference for Dept. Head physicals. 2. Extend policy to all employees. City would need to explore the impact on SPUC and coordinate with SPUC. 3. Status Quo and risk the sanctions of violations of IRC Section 89. Depending on the final revisions of Section 89, penalties could be as much as $40,000 plus impact on SFUC. Recommendation Alternative No. 1. Discontinue paying the difference for Department Head physicals and rescind Administrative Policy Number 93 and repeal Resolution Number 1351. Action Reauested Move to discontinue the policy of the City paying the portion of the cost of department physicals not covered by insurance and offer Resolution Number 3093 A Resolution Repealing Resolution Number 1351. RESOLUTION NUMBER 3093 A RESOLUTION REPEALING RESOLUTION NUMBER 1351 WHEREAS, the monthly contribution to health and life insurance is currently set by the pay resolution; and WHEREAS, the current employee group health insurance policy covers the cost of an annual routine physical; and WHEREAS the City Council desires to stop the practice of paying for the uninsured portion of department physicals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Resolution Number 1351 A RESOLUTION AMENDING THE CITY OF SHAKOPEE'S EMPLOYEE BENEFITS is hereby repealed. Adopted in session of the City Council of the City of Shakopee, Minnesota held this _ day of 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to from this day of 1989. City Attorney N'Yn l.ESOLUTION :10. 1351 A ILESOLO ION AHE1U)IOG THE CITY OF S!IAr.OPEE'S UIPLO`%E 86NE1'ITS WHEREAS, the City Adaluistrator has recommended that , stain changes be made to the employee benefits of the City of Sial--once; and lii'. :FAS, there changes will be beneficial to the City of Sluduu ce and the CiCy empluyees; and WHEREAS, the City Council has reviewed these proposed changes and Rials that they are in accordance with the goals and objecllvc> of he Faipluynt"t Policy of the City of Shakopee. NW, '111EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CI3'Y OF 5HAROPLS, MINNESOTA, that 8csclution No. 1208, 113, rnsuranc, Coverages" is Lereby repealed a,:,l roplaccd with the following: INSLIPANCE COVERAGES: Unless otherwise specified i.: a fomsal agreement with a partic- ular bargaining unit, huspieilizatio.:, mafor medical and lift. Insurance ceverages shall be provided Co all City e.m.loyees after 30 days of continuous service, with the City paying a awrimnm of $80 roward the total cost of these coverages for the individual employees and their dependent coverage premiums. For department heads and the Ciry AdminISLrator, the City shall also pay for ars annual physical. examination performed by the individuals physician provided that a copy of Chat examination is submitted to the CiCy. Adopted Lr, session of the City Council cf Che City of Shakopee, Hi nnesoCa hc]d this 2?,&C _ day of 1979. ATTEST: _ Mamor = eet"-Ey 0 S-hakor-- CLCy Ckerk ! AllptInd as to form thisa�' _ day of 1979. �Y C icy At", rncy ADMINISTRATIVE POLICY NO. 93 Subject : Department Head Physicals J Date Adopted: April 28 , 1983 Source of Authority: Resolution No. 1351 From Resolution No. 1351 adopted January 2 , 1979 : "For department heads and the City Administrator, the City shall also pay for an annual physical examination performed by the individuals physician provided that a copy of that examination is submitted to the City." Procedure agreed to by Department Heads May 5 , 1983 : Department heads should submit their bill to their insurance carrier first and to the City second. The City will pay whatever is not covered by insurance. The amount not covered by insurance will be credited by the insurance company towards the employee ' s deductable. The frequency of physicals is Left to the discretion of the employee and his doctor. The employee shall advise the administrator when he has had or is planning on having a physical . The scope and cost of a physical is left to the discretion of the _ employee and his doctor. The new American Medical Association Recommendations for annual checkups ( taken from the Minneapolis Tribune April 24, 1983 issue) is as follows : 40 years and under - Every five years 40 - 65 - Every one to three years depending on an individual ' s current health, medical history and occupation 65 and over - Once a year RESOLUTION NO. 3095 A RESOLUTION AMENDING THE CITY OF SHAKOPEE PERSONNEL POLICY AS ADOPTED BY RESOLUTION NO. 1571 WHEREAS, Resolution No. 1571 was adopted by the City to provide reasonable and clear expectation of the conditions of employment for its employees; and WHEREAS, Resolution No. 2983, amended by Resolution No. 3040 was adopted by the City approving the City's Affirmative Action Policy and the commitment to Equal Employment opportunities without discrimination; and WHEREAS, it is necessary to amend certain sections of Resolution No. 1571 to be in accordance with the City's Affirmative Action and maintain reasonable and clear conditions of employment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Section 1. PURPOSE is hereby amended as follows: The purpose of this Personnel Policy is to establish a uniform and equitable system of personnel administration for employees of the City and is not to be construed as a contract of employment. SECTION 1. EQUAL EMPLOYMENT POLICY This is to affirm the City of Shakopee's policy of providing Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity/Affirmative Action laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof, specifically Minnesota Statutes 363. The City of Shakopee will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, or status with regard to public assistance. The City of Shakopee will take Affirmative Action to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or - other forms of compensation, and selection for training, including apprenticeship. The City of Shakopee will use its best efforts to afford minority and female business enterprises with the maximum practicable opportunity to participate in the performance of subcontracts for construction projects that the City engages in. The City of Shakopee will commit the necessary time and resources, CONSENT z d Memo To: Dennis Kraft, City Administrator From: Marilyn Ramer, Personnel Coordinator Gregg Voxland, Finance Director Re: Resolution No. 3095 Amending Personnel Policy Date: July 26, 1989 Introduction At the July 21, 1989 council meeting, staff was directed to add a policy to the City's Personnel Policy regarding appointment/stipend of individuals in the "Acting" capacity when a vacancy occurs. Background Vacancies have occurred in the past year resulting in the appointment of individuals in the "Acting" capacity. Council has directed that they wish to compensate these individuals for the additional duties by means of a stipend to be determined by Council. In addition to adding this policy, the Personnel Policy needs to be amended in accordance with the City's Affirmative Action Policy as approved by Council and certified by the Commissioner of Human Rights. The Equal Employment Opportunity Policy Statement replaces Section I. The previous Section I. PURPOSE becomes a general policy statement with the addition of the statement that the policy is not be to be construed as a contract of employment. Section 4. APPOINTMENTS is also amended thereby bringing the City's hiring practices into compliance with the Affirmative Action Policy. 3.2 of Subd. 3 adds: Council may designate an individual to temporarily fill the vacant position as "Acting" to be compensated for the additional duties with a stipend as determined by Council. Section 1 and Section 4 of the Personnel Policy (before changes) are attached. (Attachment A & B) . Recommendation Staff recommends the Personnel Policy be amended by Resolution No. 3095 thereby bringing it in conformance with the City's Affirmative Action Policy. Action Reauested Move to adopt Resolution No. 3095, A Resolution Amending the City of Shakopee Personnel Policy as Adopted by Resolution No. 1571. 1 } . both financial and human, to achieve the goals of Equal Employment Opportunity and Affirmative Action. The City of Shakopee fully supports incorporation of non- discrimination and Affirmative Action rules and regulations into contracts. The City of Shakopee will evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these Affirmative Action objectives as well as other established criteria. Any employee of the City, or subcontractor to the City, who does not comply with the Equal Employment Opportunity Policies and Procedures as set forth in this Statement and Plan will subject to disciplinary action. Any subcontractor not complying with all applicable Equal Employment Opportunity/Affirmative Action laws, directives and regulations of the Federal, State and Local governing bodies or agencies thereof, specifically Minnesota Statues 363 will be subject to appropriate legal sanctions. The City of Shakopee has appointed the Personnel Coordinator to manage the Equal Employment Opportunity Program. The Personnel Coordinator's responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative Action Program. as required by Federal, State and Local agencies. The City Administrator of the City of Shakopee will receive and review reports on the progress of the program. If any employee or applicant for employment believes he/she has been discriminated against, please contact Personnel Coordinator, 129 East First Ave. , Shakopee, MN. 55379, or call 612-445-3650. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Section 4. APPOINTMENTS: is hereby amended to read as follows: SECTION 4. APPOINTMENTS: Subdivision 1 General Every appointment to municipal service shall be made by the City Council on the basis merit and fitness for the position for the position. It shall be the intent to fill vacancies by promotion whenever practicable. When required by law or by the City Council, merit and fitness shall be ascertained by written, oral or other examinations designed to evaluate the ability of the candidate to discharge the position for which the examination is held. A physical examination may be required by the City Administrator for any position. A position vacancy results from resignation, promotion or a new position is authorized. Subdivision 2. Applications All applicants for a position with the City of Shakopee are required to file an application on forms provided by the City. Any applicant giving false information or making false or misleading statements on the application shall not be considered for the position or will be subject to immediate dismissal with complete loss of benefits. Personnel will maintain an application file containing all pertinent information regarding the position. All applications received by the due date will be kept in the application file in the Personnel Office. Section 13.43, Subd. 3 of the Minnesota Statutes provides that names of applicants shall be private data, therefore, all applications will remain in the Personnel office. All questions regarding the advertisement or the position will be directed to the Personnel Coordinator who may refer them to appropriate department head. Subdivision 3 Promotion 3.1 Immediately after the receipt of a formal resignation (prior to Council action) or when a vacancy occurs due to promotion or authorization of new position, the City Administrator will check the Budget and if it is a full-time permanent position, will authorize the Personnel Coordinator to post notices in all city work places for five (5) days, prior to advertising publicly. The City Administrator has the option to authorize advertising publicly commencing concurrently with the posting. 3.2 City Council is notified at their next regular meeting and acts on the resignation and formally authorizes the filling of the position. Council may designate an individual to temporarily fill the vacant position as "Acting" to be compensated for the additional duties with a stipend as determined by Council. If Council does not authorize filling the position, any advertising that has commenced is stopped. 3.3 Any qualified city employee can apply for the position by submitting a completed application to the Personnel Coordinator. 3.4 At the end of the five (5) day period, the appropriate Department Head and the Personnel Coordinator will review any city employee applications and will decide to: a. Interview the City employee(s) . If one is selected, he/she will be recommended to Council for approval. No employee can be so hired without having been competitively screened and hired for a permanent position for the City. b. Advertise. If the Department Head decides to advertise, he/she will notify Personnel (and City Administrator) who will in turn notify the employee(s) who applied. All City employee applicants will then be included in the group of finalists interviewed for the position. Subdivision 4. Advertising The Personnel Coordinator shall prepare and publish the ad in accordance with the Affirmative Action Policy after coordination with the Department Head. Subdivision 5. Screening After the application deadline, the Personnel Coordinator will initially screen the applications in accordance with the Affirmative Action Policy. Thereafter, the Department Head and the Personnel Coordinator will further screen to determine candidates to be interviewed. Each individual involved in the screening process shall document criteria and results. The Personnel Coordinator will schedule the interviews and testings that may be required. Subdivision 6. Selection & Hirine 6.1 The Department Head (City Administrator optional) will conduct the interview with the Personnel Coordinator participating. 6.2 The selection process shall give prime consideration to Affirmative Action goals as established. 6.3 The Department Head and Personnel Coordinator will recommend to the City Administrator a candidate and a salary to be offered consistent with the pay plan and the advertised pay range. Personnel Coordinator will make the offer pending City Council approval and passing a pre-employment physical if required. 6.4 City Council will be presented with a staff memo, prepared by the Personnel Coordinator, covering the hiring process, eg. date of advertising, number of applicants, screening and interviewing process, qualifications of the recommended applicant and recommended starting date and salary. Subdivision 7. City Council Action 7.1 City Council can approve the recommendation by simple motion and the Personnel Coordinator will notify the applicant the following day, followed by a formal letter of employment and preliminary employment papers. 7.2 City Council can adjust the recommended starting salary should they find reason to do so. 7.3 City Council can reject the recommendation should the, find a reason to do so, and instruct the City Administrator to come back with a new recommendation. Subdivision 8. Orientation Upon reporting to work on the first day, a new employee shall be sent to the Personnel Office for orientation and completion of the necessary forms. (The procedure for hiring sworn Police Officers shall be regulated by the Police Civil Service Commission.) Subdivision 9. Seasonal/Temoorary Positions The employment process for seasonal/temporary employees generally follows the same procedures as for permanent employees although the following deviations may allow: 9.1 Re-hires of previous employees can be accomplished without benefit of an open application process. a. The Department Head will notify Personnel of the number of seasonal/temporary positions to be filled. b. Former employees receiving a good review and recommendation for re-hire from the Department Head will be offered positions for the current season. Personnel will notify those employees on file from the previous year by letter, informing them of current seasonal positions available and offering them first chance for filling those positions. If they do not respond by the designated deadline, the remaining vacancies shall be filled by new applicants. 9.2 The available seasonal/temporary positions will be posted by Personnel at all City buildings and advertisements will be placed in local publications; namely, the Shakopee Valley News and The Hint. a. The Department Head will notify Personnel of the number of seasonal/temporary positions to be filled, period of employment, description of duties, salary range and qualifications required. Personnel will draft an appropriate ad and review it with the department head. Personnel will place the agreed upon employment ad in local publications. It shall be Personnel's discretion as whether to advertise concurrently with the notification of the eligible re-hires, taking into consideration the number of vacant positions versus the number of eligible re-hires. Eligible re-hires will be given first consideration in filling the positions. b. All applications for City positions will be received at the Personnel Dept. at City Hall. Those applying at remote sites (i.e. , Public Works Dept. , Comm. Rec. , Swimming Pool, etc.) shall be referred to City Hall. C. The successful candidate will be offered the position at the appropriate established salary ranges pending the City Administrator's approval. Council action is not required for temporary positions. d. All applications shall have a list and documentation of those interviewed and references checked. e. Personnel shall receive all employment authorization forms, including copies of certificates or licenses which are a requirement of the job. To comply with Federal Immigration Law, the employee must also establish employment eligibility by presenting any of following documents: a U.S. passport, a U.S. birth certificate, a Social Secutrity card or a alien ICDc card. To establish identify, either a driver's license issued by any state or a MN. state photo identification card must be presented. Only documents listed by the Form I-9 Handbook will be accepted for verification. Personnel is to be notified (on form provided) within seven days of termination of the seasonal/temporary employees The effective date of the termination of the seasonal/temporary employees' services with the Department Head's recommendation for possible re-hire is to be provided. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this _ day of the , 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1989. City Attorney ATTACHMENT A PERSONNEL POLICY FOR THE CITY OF SHAKOPEE SECTION 1. PURPOSE: Purpose of this Personnel Policy is to establish a uniform and equitable system of personnel administration for employees of the City. SECTION 2. SCOPE OF POLICY: / Subdivision 1. Personnel Covered Except as otherwise specifically provided, this policy applies all employees of the City except the following: I1. All elected officials; 2. The City Atto.t7 and the Health Officer; I 3. Members of City\boards, commissions and committees; 1 \ 4. Volunteer fire fighters and other volunteer pets el; 5. Emergency employees; 6. Other employees not regula.1 employed i permanent positions. Nm ; Subdivision 2 visions Su a Bede in arta' C es Clid^'Ge �\ Any employee included in a collectiv rgaining agreement entered into in accordance with the Public Emp yment Labor Relations Act, Minnesota Statutes Sections 179.61, or an other ag ement entered into between the City of Shakopee and a group o employees she be exempt from any provision j of that part which is incons' tent with such ag ement. Any employee within / the jurisdiction of a ersonnel board or ivil service commission established under Minces a Statutes Chapters 44, 419, or 420, is exempt from any provision of is part which is inconsiste with such statute or rules and regulation adopted thereunder. Nothing in is part is intended to modify or sup Bede any provision of the Veteran Preference Act, Minnesota Statute Section 197.45 to 197.481. SECTION 3. EFINITIONS: Full Ti Employee - An ployee normally scheduled to fill a full-time position with an on-g ing r ular work week of at least forty (40) hours. 1 ATTACHMENT 6 SECTION 4. APPOINTMENTS: Subdivision 1. General Every appointment to municipal service shall be made by the City Council on the basis of merit and fitness for the position. It shall be the intent to fill vacancies by promotion whenever practicable. When required by law or by the City Council, merit and fitness shall be ascertained by written, oral, or other examinations designed to evaluate the ability of the candidate to discharge the position for which the examination is held. A physical examination may be required by the City Administrator for any position. Subdivision 2 Applications All applicants for a position with the City of Shakopee are required to file an application on forms provided by the City. Any applicant giving false information or making false or misleading statements on the application shall not be considered for the position or will be subject to immediate dismissal with complete loss of benefits. Subdivision 3 Promotion From With" It shall be the intent to fill vacancies by promotion whenever practicable. To that end, the following excerpt from Resolution No. 2408 is repeated: 1.0 Position is vacated by resignation. 1.1 Immediately after the receipt of a formal resignation, and prior to Council action, the City Administrator will check the Budget/Personnel Resolution and if it is a full-time permanent position, Personnel will post notices in all City work places for five (5) days, prior to advertising publicly. 1.2 City Council is notified at their next regular meeting and acts on resignation and formally authorizes the filling of the position. If Council does not authorize filling of the position, the advertising is stopped. 1.3 Any qualified City employee am apply for the position by submitting a completed application to the Personnel Department. 1.4 At the end of the five (5) day period, the department head involved will review any City employee applications and will decide to: a. Interview the City employes(s) . If one is selected he/she will be recommended to Council for approval. No employee can be so hired without having been competitively screened and hired for a permanent position with the City. b. Advertise. If the department head decides to advertise, he will notify Personnel (and City Administrator) who will in turn notify the employee(s) who applied. All City employee applicants will then be included with the group of finalists interviewed for the position. 3 1.5 Personnel will start an application file containing all pertinent information regarding the position. 2.0 Advertising for the vacant position. 2.1 Personnel will prepare and publish the ad in the newspaper. 2.2 The City shall advertise in the local newspaper and in any other publication that is deemed appropriate for the position. The position shall be advertised for a minimum two week period beginning at time of publication in the Shakopee Valley News. Applications received for positions will be kept on file for one year. 2.3 All applications received by the date included in the ad will be kept in an application file in the Personnel Office. Any applications received after the deadline will be filed and considered only if position is not filled by the applications received on time and/or position is re-advertised. 2.4 All questions regarding the ad or the position will be directed to the Personnel Department who may refer them to appropriate department head. 3.0 Screening 3.1 After the application deadline Personnel will present the applications to the department head and the City Administrator who will jointly screen the applicants as provided in Section 4 Subd. 1 of the City Personnel Policy. 3.2 If there are any tests to be administered they will be conducted by Personnel, scored and presented to the department head and City Administrator for further screening. 3.3 Applicants who are to be candidates for interviews will be presented to Personnel who will schedule the interviews. 4.0 Selection 4.1 After the department head and City Administrator have decided upon a candidate to be offered the job they will decide upon a salary to be offered within the appropriate salary range and the department head (or Personnel) will make the offer Pendine City Council approval. 4.2 City Council will be presented with a staff memo covering the hiring process, eg. date of advertising, number of applicants, screening and interviewing process, qualifications of the recommended applicant and recommended starting date and salary prepared by the appropriate department head. 4.3 City Council action. a. City Council can approve the recommendation by simple motion and the department head will notify the applicant the following day, followed by a formal letter of employment and preliminary employment papers. 4 b. City Council can adjust the recommended starting salary should they find reason to do so. c. City Council can reject the recommendation should they find a reason to do so, and instruct the City Administrator to come back with a new recommendation. 5.0 Upon reporting to work on the first day, a new employee shall be sent to the Personnel Office for orientation and completion of the necessary forms. (The procedure for hiring sworn Police Officers shall be regulated by the Police Civil Service Commission. ) Subdivision 4 SeasonalZIgmporary Position& The employment process for seasonal/temporary employees generally follows the same procedures as for permanent employees although the following deviations may allow: 1. Re-hires of previous employees can be accomplished without benefit of an open application process. a. The Department Head will notify Personnel of the number of seasonal/temporary positions to be filled. b. Former employees receiving a good review and recommendation for re- hire from the Department Head will be offered positions for the current season. Personnel will notify those employees on file from the previous year by letter, informing them of current seasonal positions available and offering them first chance for filling those positions. If they do not respond by the designated deadline, the remaining vacancies shall be filled by new applicants. 2. The available seasonal/temporary positions will be posted by Personnel at all City buildings and advertisements will be placed in local publications; namely, the Shakopee Valley News and The Hint. a. The Department Head will notify Personnel of the number of seasonal/temporary positions to be filled, period of employment, description of duties, salary range and qualifications required. Personnel will draft an appropriate ad and review it with the department head. Personnel will place the agreed upon employment ad in local publications. It shall be Personnel's discretion as whether to advertise concurrently with the notification of the eligible re- hires, taking into consideration the number of vacant positions versus the number of eligible re-hires. Eligible re-hires will be given first consideration in filling the positions. b. All applications for City positions will be received at the Personnel Dept. at City Hall. Those applying at remote sites (i.e. , Public Works Dept. , Comm. Rec. , Swimming Pool, etc.) shall be referred to City Hall. 5 c. After the application deadline, Personnel will present the applications to the department head, who will screen and interview the applicants according to the skills, knowledge and experience as required. The successful candidate will be offered the position at the appropriate established salary ranges pending the City Administrator's approval. d. All applications are returned to Personnel for filing, with a list and documentation of those interviewed and references checked. e. Personnel shall receive all employment authorization forms, including copies of certificates or licenses which are a requirement of the job. To comply with Federal Immigration Iaw, the employee must also establish employment eligibility by presenting any of the following documents: a U.S. passport, a U.S. birth certificate, a Social Security card or a alien I.D. card. To establish identity, either a driver's license issued by any state or a MN. state photo identification card must be presented. No other document is acceptable. Personnel is to be notified (on form provided) of the effective date of the termination of the seasonal/temp, employees' services with the Department Head's recommendation for possible future re-hire. 6 MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clem / RE: Local Lodging Tax �"" DATE: July 24, 1989 INTRODUCTION• The attached Ordinance amends the City Code establishing an automatic fine if the report and payment of the local lodging tax is not made in a timely manner. BACKGROUND: At their regular meeting on July 18th, the Shakopee City Council directed staff to prepare the appropriate ordinance amending the current City Code regarding the local lodging tax. Council concurred with the City Attorney's recommendation that a fine be implemented if the report and payment was not made in a timely manner. When preparing this amendment, the City Attorney noticed, and is reminding Council that the lodging tax provision will automatically expire on April 23, 1990 unless renewed. Staff will make a note of this and put it in the suspense file for January, 1990. This item will be brought back to Council for discussion at that time. RECOMMENDED ACTION• Offer Ordinance No. 269, 4th Series, An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee Code Chapter 6 Entitled "Other Business Regulations and Licensing" By Repealing Subd. 2 of Sec. 6.44 and By Enacting A New Subd. 2, Sec 6.44 And By Adopting By Reference Shakopee City Code Chapter 1 and Sec. 6.99, which Among other Things Contain Penalty Provisions, and move its adoption.. JSC/tiv Jmus A. COLLEB. II �uuua . a AIT06NEY AT Lew eia-ws-iz.+ iesa- s.oLz wca. .� .uc SHAEOPEE.MINNESOTA "Ot9 July 20, 1989 Special Note to Mayor and Shakopee City Council: Section 6.44 Lodging Tax adopted and effective on April 23, 1987 will and by its terms expire on April 23, 1990 unless renewed. The Council may want to consider this before that date. Res ectfully, ulius�, II City Attorney x.,ry JUL )a�19 C);y ORDINANCE NO. 269 Fourth Series An Ordinance of the City of Shakopee, Minnesota, amending Shakopee Code Chapter 6 entitled 'Other Business Regulation and Licensing" By Repealing Subd 2 of Sec 6.44 and by Enacting a new Subd 2 Sec 6.44 and by adopting by Reference Shakopee City Code Chapter 1 and Sec 6.99, which among other things contain Penalty Provisions THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION I: Repeal Subd 2 of Sec 6.44 is hereby repealed. - SECTION II: A New Subd 2 Sec 6.44 adopted Subd 2 Report and Payment of tax. Any person subject to the lodging tax imposed hereby shall report the gross receipts hereinbefore referred to to the City within 15 days of the end of the month when collected and said report shall be accompanied by payment in full. If the report and payment of the tax is not made within 15 days as herein provided an automatic fine of $100.00 is hereby imposed in addition to the tax and which is to be paid when the tax is paid. SECTION III: Penalty Provision Shakopee City Code Chapter 1 entitled 'General Provisions and Definitions' applicable to the entire City Code including penalty for violations and Section 6.99 entitled "Violation a Petty Misdemeanor" are adopted in their entirety by reference as though repeated verbatim herein. SECTION IV: When in force and effect After the adoption, signing 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 effect on and after the date following such publication. Passed in _session of the Shakopee City Council held this day of 1989. ATTEST: Mayor of the City of Shakopee City Clerk �. � Approved as to form this 20th day of July, 1989. I� ornev r 1341 To: Dennis Kraft, City Administrator From: Lou Van Hout, Utilities Manager Re: Service Area acquisition, discussion at joint meeting and interpretation of impact of a customer trade on payment to the city Date: 8/1/89 To confirm our discussion today of the affect of a trade on the annual contribution from SPUC to the City General Fund: I After polling the Utility Commissioners, their position was that i their comments at the joint meeting were meant to indicate their intent not to drop the level of the SPUC contribution to the City's general fund below the normal level that would have occurred without the acquisition having taken place. ' They had discussed their plan with the Council of using up to 51,000,000 of SPUC cash reserves for the acquisition. The additional amount of cash which would be generated by those customers in the newly acquired area will be used to recover the costs of the acquisition above $1,000,000. Once the recovery is completed, the normal formula to determine the annual contribution from SPUC to the general fund would apply to all customers, which will result in additional revenue to the general fund from the additional customers. If a trade of certain existing SPUC customers were to occur, an _ adjustment would be made so that the loss of those customers would f not reduce the amount of revenue in the contribution formula while the recovery was taking place. This is consistent with the previously stated intent to not let the contribution from SPUC to the general fund drop below the level which it otherwise would have been had the acquisition (and/or trade) not taken place. To use some hypothetical examples: If the acquisition cost without a trade was $1,500,000, SPUC would plan to recover the costs in excess of $1,000,000, or $500,000. Once this amount was recovered, the normal formula for city contribution would resume. If, the acquisition cost with a trade were only $1,200, 000, SPUC would only have to recover 5200,000. This would shorten the time period needed. The amount of annual contribution from SPUC to the City's general fund would be the same under either example, during the time period of the recovery. RESOLUTION NO. 3099 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE APPROVING THE ACQUISITION OF THAT PORTION OF THE ELECTRIC SERVICE AREA OF MINNESOTA VALLEY ELECTRIC COOPERATIVE LOCATED WITHIN THE CITY OF SHAKOPEE WHEREAS, it has been the policy of the City Council of the City of Shakopee for the past decade to have all electrical users within the city limits of Shakopee served by the Shakopee Public Utilities Commission; and WHEREAS, Minnesota law has authorized the acquisition by municipalities of the electric service area operated by electric cooperatives and located within that municipality's corporate boundaries; and WHEREAS, the City Council of the City of Shakopee has determined that in order to further the City's goals to (a) provide electric utility services to all of the residents of Shakopee, (b) lower the electric rates of those Shakopee residents presently served by Minnesota Valley Electric Cooperative and ultimately provide uniform electric rates throughout the City of Shakopee, (c) attract new residents to the City in those areas presently served by Minnesota Valley Electric Cooperative by reason of such lower rates, (d) to provide a broader economic base to absorb the fixed overhead and administrative costs of the City electric utility system, and (a) share among all Shakopee residents the right and obligation to contribute to the financial stability and welfare of the City's municipal government and municipal utilities throuch enhanced revenues resulting from the sale of electric energy and the consequent increased ability of the utilities to support City functions, the acquisition of the service area of the Minnesota Valley Electric Cooperative located within the City of Shakopee is necessary for the furtherance of these and other public purposes; and WHEREAS, the Shakopee Public Utilities Commission has recommended said acquisition to the City Council of the City of Shakopee; i NOW THEREFORE be it resolved by the City Council of the City of Shakopee as follows: 1 . That the acquisition of the service area currently operated by the Minnesota Valley Electric Cooperative and located within the municipal boundaries of the City of Shakopee is hereby in all respects approved. _ . That the Shakopee Public Utilities Commission and appropriate staff and consultants be and hereby are directed to proceed with a filing of the appropriate petition before the Minnesota Public Utilities Commission to effectuate and finalize such acquisition. Adopted at the regular session of the City Council of the City of Shakopee on the day of April, 1989 . CITY OF SHAKOPEE by: Its Mayor ATTESTED TO BY: City Clerk Approved as to form: Kress and Monroe