Loading...
HomeMy WebLinkAbout11/08/1989 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: November 3, 1989 1. Attached is the monthly calendar for November. 2. Attached is the Business Update From City Hall. 3. Attached are the September 13, 1989 minutes of the Downtown Ad Hoc Committee. 4. Attached is the November 9, 1989 agenda for the Board of Adjustment and Appeals Meeting. 5. Attached is the November 9, 1989 agenda for the Planning Commission Meeting. 6. Attached are the October 5, 1989 minutes of the Board of Adjustment and Appeals. 7. Attached are the October 5th and October 19th, 1989 minutes of the Planning Commission. 8. Attached is the Building Activity Report for October, 1989. 9. Attached are copies of orders from the office of Leonard Levine, Commissioner of Transportation regarding the establishment of HAUL ROADS. 10. Attached is a memo from John DuBois RE: the Resignation of Sgt. Dennis Anderson Participation in Southwest Metro Narcotics Task Force. 11. Attached is a memo from Dave Hutton RE: 3rd Avenue Adjacent to St. Mark's School. November 1989 UPCOMING MEETINGS SUN MON TUE WED THU FRI SRT 1 2 3 4 5 6 7 8 9 10 11 4:30pm Election Day 7:45am 7:30pm Veterans Day Public Downtown Planning Holiday Utilities Committee Commission Commission 4:00pm Budget 7:00pm City Council 12 13 14 15 16 17 18 7:00pm Camp 7:00pm 5:00pm CDC Plan - Council 7:00pm Marquette Worksessi- Energy and Bank on Transport- ation 19 20 pm 2 ODpm City 22 23 Thanksgiving 24 25 CityHa„ Community Council Closed Recreation 26 27 28 29 30 October December S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 8 9 10 11 12 13 14 3 4 5 6 7 8 9 15 16 17 18 19 20 21 10 11 12 13 14 15 16 22 23 24 25 26 27 28 17 18 19 20 21 22 23 29 30 31 24 25 26 27 28 29 30 31 #z BUSINESS UPDATE FROM CITY HALL Vol. 3 No. 11 Dear Chamber Member: November 1, 1989 CITY CLERE Council approved the school district offices handling absentee ballots (in addition to the City Clerk) for the November 7th city and special school election. Residents may call 445-3650 or 445- 4884 for more information on absentee voting. NOTE: The November 7th Election is a combined City and School District Election. Voters must go to one of the five precinct polling places to vote. There will be no voting at the Central Elementary School. Call 445-3650, if you are unsure of where you go to vote. City Council recently approved a salary increase for the Mayor and council members that will become effective January 1, 1990. Salaries' were increased approximately 408 in order to make council members eligible to participate in the public employees retirement program. New salaries are $5100/yr. for council members and $6120/yr. for Mayor, the last increase was in 1984. COMMUNITY DEVELOPMENT Beginning January 1, 1990 depositing yard waste in area landfills will be prohibited. The City of Shakopee is considering submitting a grant to the Metropolitan Council to off set some of the costs that will have to be incurred in an effort to inform residents of the new legislation. The City of Shakopee in cooperation with their refuse contractor presently provide a separate yard waste collection program. Residents are required to attach an extra service coupon to their yard waste in order for it to be picked up by the refuse hauler. The cost for an extra service coupon is $1.10. The extra service coupon entitles a Shakopee resident to dispose of three 30 gallon bags of yard waste. In a related matter, it has become apparent that the Louisville Landfill may be closing on May 15, 1990. It is expected that the landfill closure will have a dramatic impact on refuse disposal rates currently being charged to Shakopee residents. Additionally, recent legislation imposes a 68 sales tax on all refuse. A $.65 per yard township tipping tax increase will also go into effect on November 1, 1989. This equates to approximately an 88 increase in disposal rates. Unfortunately, this may only be the tip of the ice berg. within the next five years, Shakopee residents may be paying in excess of $24.00 per month for the disposal of their refuse. Current refuse disposal rates are $9.80. The Shakopee Community Development Commission recently approved recommending the adoption of a park dedication fee methodology. The proposed methodology and new park dedication fee structure will be presented to the Shakopee Planning Commission on November 9, 1989. The park dedication fee methodology is based on dwelling unit densities. The proposed park dedication fee would increase single family dwelling unit fees from $250.00 to $400.00. The park dedication fee schedule for commercial/industrial property would also be changed to a flat fee of $1500.00 per acre as opposed to the current percentage fee based on land value. If the Planning Commission and City Council concur with the Community Development Commission's recommendations, it is possible that the new park dedication fee schedule would become effective in 1990. ENGINEERING DEPARTMENT The 3rd Avenue Reconstruction Project is proceeding ahead of schedule. The first lift of pavement has been placed on many of the streets and sidewalk is currently being installed. The only main items left to complete is the remainder of the sidewalks, driveways and steps, construction of retaining walls, paving the final lift of asphalt and restoration of yards and planting of trees. It is anticipated that all work, with the exception of sodding, will be completed yet this fall. The Upper Valley Drainage Project is also proceeding well. Hauer Trail should be completely reconstructed and open to traffic by November 15. The drainageway has been rough graded and all storm sewer pipe, except the crossing of C.R. 17, is installed. The box culvert and pedestrian underpass at C.R. 17 will be installed in early November. This will require the closing of C.R. 17 to all traffic for 1-2 weeks. Traffic will be detoured using C.R. 16 and Vierling Drive. It is anticipated that all construction of the drainageway, except for seeding, topsoil and restoration, will be completed yet this fall. Market Street, between 1st Avenue and Bluff Avenue, along with the 4 various alleys are currently under construction. This project is scheduled to be completed by mid-November. Staff is working on a feasibility report to construct a new roadway off Valley Park Drive in the Industrial Park, near the Bergquist property. Council has initiated condemnation proceeds to acquire the old railroad depot so that it can be relocated. Once the depot is moved, 2nd Avenue will be extended west to Scott Street on the north side of the tracks. SHAROPEE COMMUNITY RECREATION (SCR) A couple of weeks ago SCR, in cooperation with Shakopee Community Education conducted a systematic telephone survey within the community attempting to ascertain the thoughts of citizens regarding their feelings, opinions, and desires pertaining to these two departments. It was hoped that the results would provide an accuracy to within the 90th percentile. Information gleaned will be tabulated and shared through the news media including the next issue of the Shakopee Community Education/Community Recreation Joint Brochure. �3 Minutes of the Downtown Ad Hoc Committee City Council Chambers Shakopee, MN September 13, 1989 Chairperson Keen called the meeting to order at 7:45 A.M. with Commissioners: Laurent, Kahleck, Stillman, Keen, Phillips and Wermerskirchen present. Commissioners Forbord, Fonder, and Ruehle were absent. Barry Stock, Administrative Assistant and Council member Zak were also present. Chairperson Keen introduced Mr. Mike Phillips as a new member of the Downtown Ad Hoc Committee. Mr. Phillips stated that he was currently employed by Marquette Bank Shakopee and would be moving to Shakopee within the next month. Council member Zak requested to place the issue of the mini by- pass on the agenda under Other Business. Wermerskirchen/Laurent moved to approve the agenda as amended. Motion carried unanimously. Laurent/Stillman moved to approve the minutes of the August 9, 1989 meeting as kept. Motion carried unanimously. Mr. Stock informed the Committee that the Downtown property inventory analysis had been completed. Several blocks had been targeted for redevelopment. In summary, the analysis revealed that Blocks 4 (City Hall) and Block 24 (Pellham) were the key blocks in the downtown area for commercial redevelopment activities. At the August meeting, it was the consensus of the Committee to focus on the Pellham block because the elevations on the City Hall block would not be determined until such time that the mini by-pass could be completed. Mr. Stock noted that at our last meeting, the Committee requested staff to contact developers to determine if there was any interest on their part in submitting a request for proposal for redevelopment efforts in the downtown area. Mr. Stock stated that he had contacted several developers and they all indicated an interest in looking at a commercial redevelopment project in Downtown Shakopee. Mr. Stock also noted that in his conversations with the developers, several of the larger developers indicated that they would not be interested in responding to a request for proposal. They stated that they did not feel it was worth their time or efforts to go through a proposal process because communities often select the proposal that has the most glitter and glamor. They also noted that it was a significant cash outlay for them to make on something that might be less then a 50/50 chance. Mr. Stock stated that based on the comments he had received from the developers, he was suggesting to delay the development of a request for proposal. He stated that he felt that it might be more appropriate to simply invite several developers to Shakopee and meet with them on one to one basis to determine if they have a sincere interest in pursuing a project in Shakopee. Commissioner Laurent stated that he was surprised to hear that several of the larger developers were not interested in submitting a request for proposal. He noted that the up front costs incurred by a developer drafting a request for proposal were generally very high and often not recoverable. Mr. Stock noted that if any of the developers have a strong interest in pursuing a project in Shakopee, he would suggest that they meet with the Downtown Committee prior to the development of any plans. Laurent/Wermerskirchen moved to request staff to meet with prospective developers to determine if they have a specific interest in pursuing a redevelopment project in Downtown Shakopee. Motion carried unanimously. Mr. Stock reported that at the direction of the City Council he has prepared a draft copy of the Commercial/Retail Development Incentive Program. He noted that at the August meeting, the Committee discussed possible items for inclusion into the proposed program. Mr. Stock stated that he has incorporated several of those items into the draft program. Mr. Stock then reviewed the principle components of the program. He noted that the project must be located in either the B-1, B-2 or B-3 Zoning District. He also stated that projects within the B-3 zone must meet the downtown building design standards and be consistent with the goals and objectives as set forth in the Downtown Revitalization Plan. He also noted that business rehabilitation projects were not eligible for program financial assistance. Finally, the project or building expansion must have a minimum value of $1 million. Commissioner Wermerskirchen questioned why the value of $1 million. Mr. Stock stated that projects with a value of less then $1 million generally did not provide enough tax increment assistance to cover the cost of setting up the district and drafting a tax increment financing plan. He stated that we did not have adequate staff to process a large number of small tax increment projects. Mr. Stock then noted that the proposed program had a graduating scale of tax increment assistance based on the value of the project. Commissioner Wermerskirchen questioned whether or not it would be possible to group two smaller projects that maybe adjacent to one another together to reach the minimum value of $1 million. Mr. Stock stated that providing that the value of the new construction for the combined projects exceeded $1 million, he felt that it would be eligible under the program. It was the consensus of the Committee that if there were two business expansions going on in the downtown area in different locations it would be possible to combine them under one tax increment project. Commissioner Kahleck stated that she was concerned that the graduating scale of tax increment assistance based on project value was encouraging the demolition of historic structures in the downtown area. Commissioner Kahleck strongly encouraged the development of a program for rehabilitation as well as new construction. Councilmember Zak suggested that perhaps the interest write-down program could be reconsidered by City Council at this time and incorporated into this program. Commissioner Laurent questioned the concept of giving large levels of financial assistance to high value projects. He stated that it is often more palatable for a community to do smaller projects over a longer period of time then it is to do larger projects over a long period of time. He questioned whether or not the City wanted to create long duration tax increment districts for large projects. He stated that the foundation of Downtown Shakopee has been small projects and that the program as currently proposed did not provide much assistance to Shakopee's main stay. Mr. Laurent then suggested that perhaps the program could be set up in such a fashion that it could be the funding source for an interest write- down program. He suggested that a component of the program require projects receiving assistance to place 208 of the increment captured by the district into a special pool to be used for interest write-down programs and building rehabilitation. As another alternative, Mr. Laurent suggested that rather than capturing the entire amount of the increment generated by the district that a percentage be captured so that Shakopee residents would receive an immediate benefit from the project. Councilmember Zak questioned whether or not the City could legally set up a pool to use for rehabilitation. He also questioned whether or not it would fly politically because it extended the life of the district. It was the consensus of the Committee to be non-specific in the duration and amount of tax increment assistance to be provided to qualified commercial/retail prospects. It was also the consensus of the Committee to put in a clause which required projects to place 203 of the increment generated by the district into a special reserve fund to be used for rehabilitation projects in the B-1, B- 2, and B-3 Zoning Districts. Mr. Stock noted that if the City can establish a rehabilitation funding pool, it would be a great incentive for rehabilitation of many of the buildings in Downtown Shakopee. Mr. Stock noted that persons eligible for funding assistance under either the commercial/retail program or an interest write-down program would be obligated to follow the City design criteria for the B-3 Zoning District. In other words, the funding programs would serve as a tool to encourage the rehabilitation of the downtown area to comply with the historic preservation theme. Mr. Stock noted that if these programs are established and persons begin to request assistance, he hoped to designate a design review team to review the projects design. Laurent/Stillman moved to recommend to the Community Development Commission approval of the Commercial/Retail Development Incentive Policy with the amendments as discussed at todays meeting. Motion carried unanimously. Mr. Stock stated that he had included some parking facility cost information for the Downtown Committee's information. Mr. Stock pointed out that the cost estimates for completing at grade parking lots and ramps was based on 1987 information. Mr. Stock stated that he felt the Committee should be aware of the expense involved in pursuing ramps. This was purely an informational item. Councilmember Zak updated the Committee on the Downtown mini by- pass. He noted that Mayor Lebens was again refusing to sign the necessary documents to proceed with the bond sale for the mini by- pass project. He stated that the majority of the Councilmembers were willing to pursue the necessary legal actions to force the Mayor to sign the bond sale. Laurent/Stillman moved to adjourn the meeting at 9:10 a.m. Motion carried unanimously. Barry A. Stock Recording Secretary TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN November 9, 1989 Chairman Forbord Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3 . Approval of October 5, 1989 Meeting Minutes 4. Other Business a. b. 5. Adjourn Douglas K. Wise City Planner NOTE TO THE B.O.A.A. 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. #S TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN November 9, 1989 Chairman Forbord Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of the October 5, 1989 and the October 19, 1989 Meeting Minutes 4. 7:30 P.M. CONTINUED PUBLIC HEARING: To consider a request for a Conditional Use Permit to allow a trailer shuttle lot to be located upon the property at 1644 East Highway 101. Applicant: Terminal Transport, Inc. Action: Conditional Use Permit Resolution No. 580 5. 7:40 P.M. PUBLIC HEARING: To consider a request for a Conditional Use Permit to operate a commercial recreation facility at 120 South Holmes Street. Applicant: Paul Webster Action: Conditional Use Permit Resolution No. 583 6. 7:50 P.M. PUBLIC HEARING: To consider amending City Code Section 11.03 Subd. 6 D to allow accessory buildings closer to the front lot line in the rural parts of the City. Action: Recommendation to City Council 7. Vacation of 20' of a drainage and utility easement in Meadows 2nd Addition Action: Recommendation to City Council 8. 1990 Planning Commission Meeting Schedule Action: Motion approving meeting schedule 9. Discussion: a. Park Dedication Fee Schedule b. C. 10. Other Business: a. b. 11. Adjourn Douglas K. 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. BOARD OF APPEALS AND ADJUSTMENTS SHAKOPEE, MINNESOTA REGULAR SESSION OCTOBER 5, 1989 Members Present: Allen, Foudray, Czaja, Stafford, Rockne, Forbord, Kahleck Members Absent: None Others Present: Doug wise - City Planner, Janelle Szklarski - Planning Intern, Sharon Swenson - Recording Secretary I. ROLL CALL Chairman Forbord called the meeting to order at 7 :30. Roll call taken as noted above. II. APPROVAL OF AGENDA MOTION: Allen/Foudray moved that the board approve the agenda as submitted. Motion passed unanimously. III. APPROVAL OF MINUTES Minutes of September 7, 1989 MOTION: Kahleck/Foudray moved that the Board approve the minutes of the September 7th meeting as presented. Motion passed. Czaja, Rockne, Allen & Stafford abstained. Minutes of September 14, 1989 MOTION: Czaja/Rockne moved that the Board approve the minutes of the September 14th meeting as presented. Motion passed. Allen abstained. IV. VARIANCES 4. 7: 30 P.M. PUBLIC HEARING Variance Resolution 4582 To consider a request for a variance to allow a 176 square foot pylon sign, 35' in height, on property located at 8050 East Highway 101. Applicant: White GMC Volvo 1 MOTION: Foudray/Rockne moved that the public hearing be opened on variance request 582 . Motion passed unanimously. Wise explained that the location of the site is on County Rd 18 and Hwy 101. The request is for a free standing pylon sign of 176 sq. ft. and 35' in height. The City Code allows a maximum of 150 sq. ft. and 20' in height. The sign would be located on the frontage road in the front of the property. Czaja asked if there was an exiting sign. Wise answered that there was an exiting sign 22 1/2 ' high. If the new sign were to be installed, the old one would be removed. The proposed sign would be in the same general area as the existing one. Rockne asked if there were other signs in the same area that did not comply with code. Wise answered that he was aware of one that received a variance for height (primarily for topography reasons) located at the Backstretch R. V. Park. Jerry Tradup, representing GMC in Shakopee, appeared to explain his request. He explained that there were large oak trees (owned by the state) in that area that would block the view, so a higher sign was needed. Also, he will be adding a night shift and felt the lighted sign would be necessary. There are not residential areas there. The proposed sign would be slightly more towards the center of the property. Kahleck asked why the larger amount of square footage was needed. Tradup answered that a more attractive sign would result and it would be more visible from the road for truck traffic. MOTION: Czaja/Allen moved that the Board close the public hearing on variance request 582 . Motion passed unanimously. MOTION: Czaja/Stafford moved that the Board deny variance request 582 for the following reasons: 1. No physical hardship has been demonstrated. 2 . Issuance of the variance would seriously conflict with the intent of the sign ordinance. 2 3 . Approval of the Variance would grant a special privilege to the applicant not enjoyed by other property owners who comply with the code requirements. Motion passed unanimously. V. ADJOURNMENT MOTION: Foudray/Czaja moved to adjourn the Board of Appeals and Adjustments. Motion passed unanimously. Meeting Adjourned at 7:40 P.M. 3 d � PLANNING COMMISSION SHAKOPEE, MINNESOTA REGULAR SESSION OCTOBER 5, 1989 Members Present: Allen, Foudray, Czaja, Stafford, Rockne, Forbord, Kahleck Members Absent: None Others Present: Doug Wise - City Planner, Janelle Szklarski - Planning Intern, Sharon Swenson - Recording Secretary. I. ROLL CALL Chairman Forbord called the meeting to order at 7:41 P.M. Roll call taken as noted above. II. APPROVAL OF AGENDA Wise suggested the addition of two items under Other Business: 1. Re-plat of Portion of Meadows 2nd Addition 2 . Trunk Highway 101 Right-of-Way by Valleyfair Forbord suggested the addition of one item under discussion: 3 . Tree Removal policy in Shakopee Czaja expressed concern on decisions made on items when there had been no opportunity for the Commission to review those items. MOTION: Rockne/Allen moved that the commission approve the agenda as amended. Motion passed unanimously. III. APPROVAL OF MINUTES Minutes of September 7, 1989 MOTION: Foudray/Kahleck moved that the commission approve the minutes of September 7 meeting as presented. Motion passed. Czaja, Rockne, Allen, and Stafford abstained. Minutes of September 14 , 1989 1 MOTION: Kahleck/Rockne moved that the commission approve the minutes of the September 14 meeting as presented. Motion passed. Allen abstained. ** It was decided to move to item VIII, Discussion, since there were ten minutes before the scheduled 8:00 P.M. time for the first public hearing. V. DISCUSSION B. AIR QUALITY IN RIVER VALLEY AREA Forbord explained that per Doug Wise-s memo, there were concerns on the air quality in the River Valley. The concern had begun with the Harddrives application for an asphalt plant. The Commission had directed the Staff to research the matter. Wise explained that he had contacted the Pollution Control Agency and they had responded that they had no resources to do such a study at the present time. They had suggested that Shakopee hire a consultant to do the study. Basically, the Commission was left with 3 options: 1. Pursue the matter and ask Council to request a study. 2. Hire a consultant. 3. Take no action at this time. Czaja felt that it was the PCA's purpose to monitor our environment. There is a brown haze over the River Valley. We have nothing to gauge the pollution on - how much is bad? We should at least go on record as having requested this, as some sort of standard is needed. He felt the Commission should recommend this study and let the PCA respond in writing. The Council could then take over on the matter. MOTION: Czaja/Foudray moved that the Commission recommend to the City Council that the City request the PCA to undertake a study of air quality in the Minnesota River Valley area. Motion passed unanimously. A. SETBACK REQUIREMENTS FOR ACCESSORY BUILDINGS IN RURAL AREAS Forbord noted that two variances had been recently granted on this issue in the past two months. Wise said that it has been recommended that a possible change be made to code. It now states that an accessory building cannot be closer to the front lot line than the house. There were concerns on some rural parcels where the house is set 2 1 back several hundred feet. Wise explained the various options available to the Commission for changing the code. Wise noted that a Public Hearing would need to be set for the November meeting. Forbord suggested that he preferred the option allowing the accessory structure to be closer to the street with a minimum setback of 1001 , but suggested that this minimum be increased to 2001 . Rockne asked how many requests had been received for such variances. Wise responded that there had recently been two in a row, and one had been received about two years ago. The purpose is to avoid variance requests whenever possible. Both of the recent requests were granted. MOTION: Rockne/Allen moved that the Commission set a Public Hearing date to amend the code to read as follows: "No detached garage or other accessory building shall be located nearer the front lot line than the principle building on the lot (except in the AG, R-1, and Shoreland Districts) . In the AG, R-1, and Shoreland Districts accessory buildings shall not be located nearer the front line then the principle building or 1001 , whichever is less. " Czaja said he felt that 100' was an arbitrary figure and did not know if the code should be changed now. Rockne/Allen withdrew the motion. MOTION: Rockne/Allen moved that the Commission table this item until the public hearings have been completed. Motion passed unanimously. IV. PUBLIC HEARINGS 4. 8: 00 P.M. PUBLIC HEARING - Conditional Use Permit Resolution 579 To consider a request for a Conditional Use Permit to operate a wood shop business out of a wood frame accessory building upontheproperty located at 8615 Boiling Spring Lane. Applicant: Timothy Platt MOTION: Allen/Stafford moved that the Public Hearing be opened on conditional use permit 578. Motion passed unanimously. 3 Wise explained that the request was for a conditional use permit for a home occupation - a wood working shop. The applicant has obtained a building permit. There would be only one employee - the applicant, who estimates the business would be in operation for 20 - 30 hours per week. Deliveries would be made 3 - 4 time per month. Section 10.60 of the City Code, deals with noise regulation and the property would have to comply with those regulations. Tim Platt of 8615 Boiling Spring Lane appeared to explain his request. He said that all the work in the building would be done for local companies. The business would be only part time and the by-product, wood shavings, would be beneficial for the horse industry. The nearest residence is approximately 350' away. MOTION: Foudray/Rockne moved that the Public Hearing be closed. Motion passed unanimously. Czaja had concerns on the exterior storage size limits. He asked what 808 opaque was. Wise said the storage area could be limited if the Commission desired. The only storage area requested is the outside bin for wood shavings. Platt said the existing fence is solid wood and the proposed one would be solid also. MOTION: Foudray/Stafford moved that the Commission approve Conditional Use Permit 579, subject to the following conditions: 1. The entire business operation must be contained within the accessory building. Any exterior storage of materials must be located within a fenced area adjacent to the building. Fencing shall be 6 feet high and at least 808 opaque. 2. Only one person from outside the household may be employed. 3. The applicant will comply with State Fire Marshall Regulations and all life/safety codes regarding ventilation and storage of lacquer and paint products. 4. The applicant will comply with road weight restrictions. 5. No additional accesses off of County Road 89 will be constructed without county approval. No additional accesses off of Boiling Spring Lane will be constructed 4 without approval of the City Engineer and the proper driveway permits. 6. This Conditional Use Permit shall become void if this property is subdivided. No vote taken. Czaja had concerns on the size of the exterior storage. He felt it should be limited. The applicant indicated that the bin would be 12 ' in diameter and 10' high. Forbord felt the size, height, and opacity of the bin should be reviewed. Czaja said he did not disagree with the Conditional Use Permit, except for the storage issue. He would recommend tabling the issue until Staff and the Applicant have time to work things out. Then Staff should report back to the commission. wise suggested amending the first condition to state that the exterior storage be limited to the bin as shown on the drawing submitted with the application. The bin should not be higher than the building. Forbord suggested that the hours of operation be limited to 8 AM to 10 PM. Foudray/Stafford accepted these recommendations as friendly amendments. MOTION: As amended, Foudray/Stafford moved that the Commission approve Conditional Use Permit 579, subject to the following conditions: 1. The entire business operation must be contained within the accessory building. Any exterior storage of materials must be limited to the bin, as shown on the drawing submitted with the application, and the bin should not be higher than the building. 2. Only one person from outside the household may be employed. 3 . The applicant will comply with State Fire Marshall Regulations and - all life/safety codes regarding ventilation and storage of lacquer and paint products. 4. The applicant will comply with road weight restrictions. 5. No additional accesses off of County Road 89 will be 5 constructed without county approval. No additional accesses off Boiling Spring Lane will be constructed without approval of the City Engineer and the proper driveway permits. 6. This Conditional Use Permit shall become void if this property is subdivided. 7 . The hours of operation shall be limited to the hours between 8 AM and 10 PM. Motion passed unanimously. 5. 8: 10 P.M. PUBLIC HEARING - Conditional Use Permit Resolution 579 To consider a Conditional Use Permit to construct a theatre as a minor commercial recreation in the Shakopee Town Square. Applicant: Carlson Real Estate Company MOTION: Allen/Rockne moved that the hearing be opened on conditional use permit 579 . Motion passed unanimously. wise explained that the application was for a conditional use permit to construct a theatre in Shakopee Town Square. A portion of the theatre will be within the existing structure and another part of the theatre will be newly constructed. There will be 6 theatres, 5 of which will be within the new addition area. The existing water and electric lines need to be moved. The utility easement needs to be vacated and a new one granted. A motion making the recommendation to Council regarding the vacation of the easement should also be passed by the Planning Commission. There is room for the required parking spaces and driveways. Kahleck asked how many parking spaces there were available. Wise answered there were 1144 required and shown. There is also room for additional parking if needed. The parking requirements are met. Chris McGrath, of Curt Johnson Properties, appeared to explain the request. She said that her company represented Carlson Real Estate Company. She displayed sketches of the proposed building. She noted that it will be gray with red and teal accents. MOTION: Stafford/Kahleck moved that the public hearing be closed on conditional use permit 579. Motion passed unanimously. 6 MOTION: Stafford/Allen moved that the Commission approve Conditional Use Permit 579, subject to the following conditions: 1. Approval of this Conditional Use Permit is contingent upon approval of the easement vacation, relocation of the water main, and granting of new easements to the City for location of the water main. 2 . The applicant must comply with the landscaping requirements according to Section 11. 60, Subd. 7. Motion passed unanimously. MOTION: Foudray/Rockne moved that the Commission recommend vacation of the easement on this property to the City Council and finds that said vacation does not conflict with the Comprehensive Plan. Motion passed unanimously. 6. 8:20 P.M. PUBLIC HEARING - Conditional Use Permit Resolution 580. Applicant: Terminal Transport, Inc. MOTION: Rockne/Allen moved that the public hearing be opened on Conditional Use Permit 580. Motion passed unanimously. Wise explained that the permit would allow outdoor storage of transportation equipment at 1644 First Ave. , adjacent to Fourth Avenue. There are 3-4 acres on the site. The applicant would like to utilize the space for trucks and trailers hauling materials for Anchor Glass. The permit is for 6 months only. The applicant does not feel it should be necessary to put up screening for only a six month period. They will install the trees. Czaja asked where the trucks will enter and exit. Wise answered that they will enter on 4th and leave on 101. Czaja asked about the dust problem - the K.C. Hall is across the street. Wise said gravel will be put in and it can be treated if dust should become a problem. The permit would expire in 6 months. If, at that point, the applicant would like to continue the arrangement, they would need to reapply and then the screening requirements would be put in place. 7 Forbord asked if there were adequate fire lanes. He felt that the applicant should be informed what the requirements would be if the decision was made to reapply - it may involve a significant investment. Wise said a 20' width for fire lanes was required. Forbord suggested that in Staff Recommendations, item 5, the word maintained be changed to retained. Brent Coatney, President of Terminal Transport, appeared to explain the request. He said that drivers were waiting for extended periods of time to be loaded. They would like a transfer lot where the trailers could be stored. If this arrangement would solve Anchor's concerns, they would like to come back in 6 months and meet any conditions required. The trees will be put in at this time. Czaja asked if the traffic problems at Anchor Glass will be moved to 4th Avenue. Coatney said that Miller Brewing is one of Anchor's largest clients. Sometimes 25 - 30 trucks are trying to load within a 5- or 6 hour period. The traffic at Anchor Glass would not be increased, but spread out. There is a turning radius within the site. There is plenty of room to enter and leave the property, via 4th Avenue and Highway 101. Wise said that the City Engineer has looked at it. There is no turning or acceleration lane on 4th Avenue or Highway 101. Coatney said he would like access 24 hours a day to the lot, which will be lighted. The roadway will be class 5 and in the period of October through March dust should not be a problem. Forbord asked why Terminal Transport chose this site. Coatney said it was a temporary use and this was the closest property to enable them to see if the arrangement would work. Anchor Glass does not have space to store this amount of trucks. The City Engineer came forward and explained that this gravel road connecting 4th Avenue and Highway 101 was a public street, but it was not up to City standards. 4th Avenue is a County Highway. The traffic volumes there do not warrant access lanes. The State Department of Transportation could be asked if they would require them. Another option would be to have the applicant use 4th Avenue to return also. The parking area is private land. The gravel road is about 25' wide. Two trucks could pass on the road. 8 7 Czaja said he still had problems with this request - a proper setback needs to be ensured. MOTION: Foudray/Czaja moved that the Public Hearing be continued until the November 9th meeting. Wise asked what additional information the Commission was requesting. Foudray would like information on: 1. Flow of traffic patterns in and out, especially on 4th Avenue. 2. Clarify that any upgrading will be done by the applicant (includes maintenance) . 3 . Where will the trailers be stored to ensure proper setback? Czaja would like information on: 1. Landscaping Rockne would like information on: 1. Dust control problems/plans. Forbord would like information on: 1. Traffic flow patterns on Highway 101. Motion passed 6-1 with Kahleck opposed. 7. 8. 30 P.M. PUBLIC HEARING - Conditional Use Permit 581 Applicant: Gary 6 Ruth Powell MOTION: Allen/Kahleck moved that the public hearing be opened on Conditional Use permit 581. Motion passed unanimously. Wise explained that the request was for a home occupation for a dog grooming business to be located at 627 West 6th, in the basement of the home. There is adequate parking. Ruth Powell appeared to explain her request. She said it would be a small business operating only 2 -3 days per week. The dogs would be in and out the same day and none would be left outside or loose. The yard is not fenced, but the dogs will be chained and she will accompany them outside. The yard is cleaned all the time and the hair clippings will be bagged for the garbage. Kahleck asked how many cages would be on the site. Powell answered 3 or 4 cages. There will be no more than 2 9 dogs in the premises at the same time. Pat Schmidt of 619 W. 6th Avenue came forward and explained that she was a neighbor and had no objections to the business. MOTION: Foudray/Rockne moved that the public hearing be closed on Conditional Use Permit 581. Motion passed unanimously. MOTION: Foudray/Allen moved that the Commission approve Conditional Use Permit 581, subject to the following conditions: 1. The dog grooming business shall be operated according to the plans submitted with the Conditional Use Permit application. 2. Review of the Permit in one year. Motion passed unanimously. 9:23 - Break Reconvene: 9:30 V. DISCUSSION A. SETBACK REQUIREMENTS FOR ACCESSORY BUILDINGS IN RURAL AREAS. The Commission continued their discussion of a proposed code amendment allowing accessory buildings to be located closer to the front lot line from earlier in the evening. MOTION: Rockne/Allen moved to set a Public Hearing for the November 9, 1989 meeting to amend City Code Section 11.03, Subd. 6D to read as follows: "D. No detached garage or other accessory building should be located nearer the front lot line than the principal building on the lot (except in the AG, R-1 and Shoreland Districts) . In the AG, R-1 and Shoreland Districts accessory buildings shall not be located nearer the front lot line than the principal building or 200 Feet, whichever is less. '- C. ess. "C. SHAKOPEE TREE POLICY Forbord explained that Shakopee does not have a tree 10 l policy. He felt the Commission should ask Staff to research and put together a tree policy to prevent denuding of land - Shakopee needs to have some control. MOTION: Rockne/Czaja moved that the Commission direct Staff to research a tree policy by the December meeting and bring back recommendations. Motion passed unanimously. VI. OTHER BUSINESS A. RE-PLAT OF PORTION OF MEADOWS 2ND ADDITION - MEADOWS 3RD ADDITION. Wise explained that an error had been discovered in the Meadows 2nd Addition and some lots need to be re-platted as Meadows 3rd Addition. It was a technical problem. MOTION: Allen/Rahleck moved that the Commission recommend to the City Council approval of the Meadows 3rd Addition, subject to the following conditions: 1. No buildings permits will be issued to outlots within this plat until they are re-platted. 2. Execution of a developers agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the SPDC Manager. b. Water system to be installed in accordance with the requirements of the SPUC Manager. C. Sanitary sewer and storm sewer to be installed in accordance with the requirements of the standard design criteria and specifications of the City of Shakopee. d. Local streets and street signs within the plat shall be constructed in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee. e. The developer agrees to either construct Vierling Driver or petition the City for construction of Vierling Drive within the plat. The developer shall pay for Vierling Drive equivalent to the cost for constructing a 36 foot residential street. 11 f. A sidewalk along Vierling Drive to be constructed in accordance with the design criteria and standard specifications of the City of Shakopee. g. There will be no park dedication requirements for this plat because the park dedication requirements for these lots were covered under the developers agreement for Meadows 2nd Addition. 3. Approval of a title opinion by the City Attorney. 4. The developer shall provide a recordable agreement stating that not more than 103 of the plat within the R-2 zone will be developed into twin homes. 5. No direct accesses from individual lots will be allowed to Vierling Drive. 6. A mutual agreement by the developer, fee owner and City of a north/south storm sewer easement be given to the City, a requested by Mn/DOT for the by-pass. Said easement agreement shall be executed prior to December 31, 1990. Motion passed unanimously. B. STATE HIGHWAY 101 RIGHT OF WAY BY VALLEYFAIR City Engineer came forward and explained that this right of way is a highway easement and is not being offered to Shakopee. MN DOT will not give it to Valleyfair if Shakopee is opposed. Valleyfair has asked that the State convey 110' of easement to them. The only possible use the City could have is to build a frontage road and he did not see that Shakopee would ever want to do that. The State has no use for the land in question. Valleyfair would like it vacated as soon as possible. It would not affect the highway at all. There still would be 75' of right of way between the paving and the property. Walt Whitmer, General Mgr. of Valleyfair, came forward and stated they would like to put in a train for next year's expansion and had asked the Highway Dept. to give them some of the property back. The State is trying to establish some sort; of property value on the parcel. Allen had concerns about landscaping in the proposed area of the train for safety purposes. Whitmer answered that the train would be traveling only at 3-4 mph. 12 MOTION: Czaja/Rockne moved that the Staff should respond back to the Council that the Commission does not find the conveyance of this property to Valleyfair to be in conflict with the comprehensive plan. Motion passed unanimously. Discussion took place on the relocation/reconstruction of County Road 18. A presentation will be made to the Council to answer questions on location/construction. VII. ADJOURNMENT MOTION: Stafford/Rockne moved that the Commission adjourn. Motion passed unanimously. Meeting adjourned at 10:15 PM. PLANNING COMMISSION SHAKOPEE, MINNESOTA SPECIAL SESSION OCTOBER 19, 1989 Members Present: Foudray, Czaja, Stafford, Rockne, Forbord, Kahleck Members Absent: Allen Others Present: Douglas K. Wise - City Planner, Lou VanHout - SPUC Manager I. ROLL CALL Chairman Forbord called the meeting to order at 6: 30 P.M. Roll call was taken as noted above. II. REQUEST BY SHAKOPEE PUBLIC UTILITIES COMMISSION FOR OVERHEAD TRANSMISSION LINES. Wise stated that the City Council directed the Planning Commission to hold a special meeting to act on a request by Shakopee Public Utilities Commission (SPUC) to construct an overhead electrical transmission line between the NSP Blue Lake Substation and Canterbury Industrial Park. Wise stated that Section 4. 35 of the city code requires transmission lines to be located underground, unless an exemption is granted by the City Council after receiving a recommendation from the Planning Commission. Wise outlined the criteria contained in the code which must be met in order to grant an exemption. Wise indicated that at least one of the two criteria must be met. VanHout reviewed the project with the commission. VanHout indicated that the cost of constructing the line overhead is $130,000 and the cost of placing the wires underground would be approximately $342,000. He said NSP also has an overhead transmission line along Highway 101. NSP plans to remove their poles and locate their line on the same poles as the SPUC line. Foudray asked if the cost given for the underground location of the line was a firm bid. VanHout said the $342 ,000 figure for locating the line underground was an engineer's estimate, not a firm bid. Forbord asked why SPUC could not locate their line on NSP's pole. He also asked if NSP was definitely going to remove their poles and locate their line on SPUC poles. VanHout said that the existing NSP poles were not high enough to locate another line on. The poles SPUC will be using will be high enough for two lines. VanHout indicated that NSP intends to remove their poles and locate their lines on the SPUC poles, however, SPUC cannot require them to do it. MOTION: Kahleck/Rockne moved that the Planning Commission recommend to the City Council that an exemption from the requirement for underground utility lines for the electrical line connecting the NSP Substation with Canterbury Industrial Park be granted on the basis of criterion #1 contained in City Code Section 4.35,Subd. 2B, in that the underground placement of the electrical line would place an undue financial burden on the utility company. Motion passed with Foudray opposed. III. ADJOURNMENT MOTION: Czaja/Rockne moved to adjourn the Planning Commission meeting. Motion passes unanimously. Meeting adjourned at 7:30 P.M. Douglas K. Wise City Planner OP CITY OF SHAKOPEE BUILDING ACTIVITY REPORT PERMITS ISSUED October, 1989 Yr. to Date Previous Year Number Number Valuation Number Valuation No. YTD. Single Fam-Sewered 6 81 5,801,765 17 73 5,203,478 Single Fam-Septic - 7 820, 000 1 12 1,327,700 Multiple Dwellings - 2 222, 000 - 3 276, 800 (# Units) (YTD Units) (6) (6) - (-) (7) - Dwelling Additions 6 72 293,921 3 49 247, 663 Other 1 10 186, 390 1 7 225,995 New Comm. Bldgs 1 7 1,568,700 1 4 612,200 Bldg. Addns - 1 1, 000 - 8 643, 000 New Industrial-Sewered - 1 1,445, 000 - 1 915, 000 Ind. Sewered Addns. - 2 102,990 - 1 575, 000 New Industrial-Septic - 1 172,000 - - - Ind. Septic Addns. - 2 170,000 - - - Accessory/Garages 8 42 257,591 9 30 222,436 Signs & Fences 8 66 148, 691 6 59 117,280 Fireplaces/Wood Stoves - 6 19,900 - 9 25,202 Grading/Foundation - 11 1,407,920 1 3 11,200 Remodeling (Res. ) 2 21 121,090 1 24 107,705 Remodeling (Inst. ) - 1 97,230 - - - Remodeling (Comm/Ind. ) 3 35 2,701,919 4 21 271,820 TOTAL TAXABLE 35 367 15,440,877 44 304 10,782 ,479 TOTAL INSTITUTIONAL - 1 97,230 - - - GRAND TOTAL 35 368 15,538, 107 44 304 10,782,479 No. YTD. No. YTD. Variances - 6 1 9 Conditional Use 3 20 3 21 Rezoning - - - 3 Moving - 1 - 3 Electric 36 287 28 252 Plumbing & Heating 32 324 33 245 Razing Permits Residential 0 1 - 3 Commercial - - - - Total dwelling units in City after completion of all construction permitted to date. . . . . . . . 4, 373 Jeanette Shaner Building Department Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN OCTOBER, 1989 8413 Jeff Ries 1064 Shawmut Street Stg Bldg $ 400 8414 Leon Markgraf 1186 Jackson Street Fence $ 700 8415 Craig Olson 1400 Blue Heron Trail Deck $ 3,750 8416 Elton Guemmer 427 West 7th Avenue Garage $ 5, 000 8417 Joe Deegan 9382 Boiling Spring Lane Deck $ 1, 000 8418 Donald Jeurissen 3751 C. R. 79 Garage $ 3,200 8419 Joe Honermann 637 Jackson Street Alt. $ 7,000 8420 Gardner Bros. 1938 Murphy Avenue House $ 60,400 L 2 B 5 Heritage Place 8421 Jones Sign Co. Shakopee Town Square signs $ 72,000 8422 Jones Sign Co. Shakopee Town Square Sign $ 4,000 8423 James Stocker 831 Bluff Avenue Addn. $ 5,000 8424 Mark Olson Const. 312 East 2nd Avenue Garage $ 6, 040 8425 Mark Olson Const. 312 East 2nd Avenue Fence $ 800 8426 Morcon Const. 218 S. Sommerville Alt. $ 5,900 8427 Parkside Printing 321 West 1st Avenue Alt. $ 15,000 8428 Northland Const. 483 S. Marschall Road Alt. $ 130, 000 8429 DeLage Construction 738 East 1st Avenue Fence $ 1,400 8430 Michael Menke 1287 Limestone House $ 80,500 L 10 B 3 Hauer's 4th 8431 Imker Const. 338 West 7th Avenue Addn. $ 9,800 8432 William Haverstock 2027 Hilldale Drive Deck/Fence 1,900 8433 Craig Olson 1400 Blue Heron Trail Pool $ 1,800 8434 James Johnson 1016 Naumkeag Garage Slab 1, 300 8435 Cecil P. Clay 1201 East 3rd Avenue Comm. $ 446,000 8436 Joe Honermann 637 Jackson Garage $ 6, 500 8437 Nordquist Sign Co. 8050 E. Hwy 101 Sign $ 6,000 8438 Void 8439 Brendan Suel 706 Lewis Alt. $ 2,500 8440 Logeais Homes 1805 Granite Drive House $ 55, 000 Future L 3 B 3 Heritage Place 2nd 8441 John McGovern 1008 So. Market Stg.Bldg. $ 2,000 8442 Michael Menke 2551 Onyx House $ 75, 000 L 7 B 4 Hauer's 4th 8443 Kenneth VonBank 1521 E. Shakopee Avenue Alt. $ 1,000 8444 Signs of Quality 1221 E. 4th Avenue Sign $ 300 8445 Daniel Barber 536 E. 8th Avenue Garage $ 1, 500 8446 Signs of. Quality 123 E. lst Avenue Sign $ 400 8447 Novak-Fleck 1328 Pondview Court House $ 64, 000 L 8 & 9 B 2 Meadows 2nd 8448 Stan Pint 1292 Limestone House $ 70,000 L 6 B 2 Hauer's 4th ORDER NO. 75187 It is hereby ordered in accordance with the law governing the establishment of HAUL ROADS that the following route is designated as a haul road for the transportation of road materials for Trunk Highway No. 13 (S.P. 7001-59 and S.P. 7001-60) in the County of SCOTT: Beginning at the intersection of County State Aid Highway No. 42 and County State Aid Highway No. 21 (Crest Avenue) in the City of Prior Lake; thence northerly on said County State Aid Highway No. 21 for approximately 1. 1 miles to its junction with County State Aid Highway No. 16; thence continue northerly on said County State Aid Highway No. 16 for approximately 0.2 mile to its junction with County Road No. 89; thence continue northerly on said County Road No. 89 for approximately 1.9 miles to its intersection with Trunk Highway No. 101 in the City of Shakopee and there terminating. During construction operations it will become necessary to route contractor' s hauling equipment over a HAUL ROAD and consequently the above described streets or roads will be taken over temporarily by the by the State of Minnesota, Department of Transportation. The use of this haul road will become effective on the date that the contractor' s hauling operations begin on the above designation and will remain in effect until contractor's hauling operations have been completed and the above described streets or roads are restored to as good condition as they were prior to the designation as temporary trunk highway and revoked by Commissioner of Transportation release order. Dated: August 23, 1989 RW5291AG.11 Leonard W. Levine Commissioner of Transportation CO;NTY Or ? :Au"cY T!-1 u-d+rrcned, being a duly appoir:ted egent of the Commissicner nor the purpose of c rtifyiso ccpies of or- ders issued by the Com,-imaner of Transportatinn hereby certifies that this is a true and round copy of the Com- missioner's Order in the Sles of the Stile of Minnesota, Department of Transportation, and that this copy has been compared with the original and is identical. ycj Dated this day of 4_- � 191 LEONARD W. LEVINE COMMISSIONER OF TRANSPORTATION ORDER NO. 75186 It is hereby ordered in accordance with the law governing the establishment of HAUL ROADS that the following route is designated as a haul road for the transportation of road materials for Trunk Highway No. 13 (S.P. 7001-59 and S.P. 7001-60) in the County of SCOTT: Beginning at the intersection of County State Aid Highway No. 17 and County Road No. 42 ( 140th Street) in the City of Shakopee; thence easterly on said County Road No. 42 for approximately 2.7 miles; thence continue easterly on County State Aid Highway No. 42 for approximately 3. 2 miles to its intersection with Trunk Highway No. 13 and there terminating. During construction operations it will become necessary to route contractor' s hauling equipment over a HAUL ROAD and consequently the above described streets or roads will be taken over temporarily by the by the State of Minnesota, Department of Transportation. The use of this haul road will become effective on the date that the contractor's hauling operations begin on the above designation and will remain in effect until contractor' s hauling operations have been completed and the above described streets or roads are restored to as good condition as they were prior to the designation as temporary trunk highway and revoked by Commissioner of Transportation release order. Dated: August 23, 1989 RW5291AG.11 Leonard W. Levine Commissioner of Transportation OTA t'OtJVTY OF RAMSEY ThP urdomgned, baing a duly app3i,-',d arent of the Commisaoner for the parposs of cerrP,ieg copies of or. ders issued by the Commissioner of Transportation hereby certifies that this is a true and correct copy of the Com. missioners Order in the foes of the State of Minnesota, Department of Transperta!ien,- and that this copy has been compared with the original and is identical. Dated this -3 day of,L 19 LEONARD W. COMMISSIONER FE TRANSPORTATION ey- � f Y{Ed 11�� ORDER NO. 75185 It is hereby ordered in accordance with the law governing the establishment of HAUL ROADS that the following route is designated as a haul road for the transportation of road materials for Trunk Highway No. 13 (S.P. 7001-59 and S.P. 7001-60) in the County of SCOTT: Beginning at the intersection of Trunk Highway No. 101 and County Road No. 83 in the City of Shakopee; thence southerly on said County Road No. 83 for approximately 3.7 miles to its intersection with County Road No. 42 and there terminating. During construction operations it will become necessary to route contractor' s hauling equipment over a HAUL ROAD and consequently the above described streets or roads will be taken over temporarily by the by the State of Minnesota, Department of Transportation. The use of this haul road will become effective on the date that the contractor's hauling operations begin on the above designation and will remain in effect until contractor' s hauling operations have been completed and the above described streets or roads are restored to as good condition as they were prior to the.designation as temporary trunk highway and revoked by Commissioner of Transportation release order. Dated: August 23, 1989 RW5291AG.11 Leonard W. Levine Commissioner of Transportation -OTA COUntTY OF RAMSEY Toe undersigned. 1,-:ng a duly a:?point..! xent of the Commissioner for the purpose of cerfifying copies of or- ders issued by the Commissioner of Transportation hereby certifies that this is a true and correct copy of the Com- missioners Order in the files of the State of Minnesota, Department of Transpose ion, and that this copy has been compared with the origin! and is identical. p Dated this j day of % . LEONARD W. LEVINE COMMISSIONER OFF TRANSPORTATION I �A . TO: Dennis Kraft, City Administrator FROM: John Dubois , Deputy Chief of Police DATE: October 31, 1989 RE: Resignation of Sgt. Dennis Anderson Participation in Southwest Metro Narcotics Task Force After the recent resignation of Sgt. Dennis Anderson I have re-evaluated our involvement with the Southwest Metro Narcotics Task Force. At this time I am declining to release a man of experience to supervise the unit and in return receive a rookie through the grant. Our resources in experienced personnel are getting 'coo shallow to release another man. Therefore, I am still strongly supporting and urging that we continue to participate with the Southwest Metro Narcotics Task Force with our contribution of $5, 000 annually. Please thank the mayor and city council for their continued support and cooperation in the effort of controlling drug abuse and drug sales by participating in the various programs law enforcement offers at this time. Respectfully. J ois 411 MEMO TO: Dennis Kraft, City Administrator F60M: Dave Hutton, City EngineerDa-10-1 SUBJECT: 3rd Avenue Adjacent to St. Mark's School DATE: October 25 , 1989 INFORMATION ITEM: Per City Council directive staff has developed a proposed design for barricading 3rd Avenue during the time it is used by St . Mark' s School as a playground. Staff is proposing to utilize 4 to 6 inch steel posts set in concrete with holes or eyelets in them such that a sturdy chain could be fastened to them. The school would then be responsible for placing the chain across the street when it was needed for a playground. Highly visible florescent "road closed" signs would then be placed on the chains. Two signs would be utilized on each end of the street. The steel posts would be located at each end of the street needed for the playground. One set of posts would be located at Scott Street and the other set would be at approximately mid-block. Staff has discussed this item with the school and they are in agreement with the design. The school understands that they would be responsible to pay for all costs associated with installing the posts and chains, as well as the daily raising of the chains. Council had directed staff to inform them of the final design of the barricades. DH/pmp cc: St. Mark' s School TENTATIVE AGENDA SPECIAL SESSION SHAKOPEE, MINNESOTA NOVEMBER 8, 1989 -- WEDNESDAY -- Mayor Dolores Lebens presiding 1] Roll Call at 4: 00 P.M. 21 Budget Worksession - BRING COPY OF BUDGET 3] Recess until 7:00 P.M. 41 Re-convene at 7: 00 P.M. 51 Recess for H.R.A. Meeting 61 Re-convene 7] Liaison Reports from Councilmembers 8] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 9] 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. ) *10] Approval of Minutes of October 17th and 23rd, 1989 11] Communications: a] Jack Marty & Diane Holmen re: Camp Courage Wagon Train b] Ruth Bayless re: resignation from Shakopee Youth Building Committee *c] Rod Krass re: Stipulation of Dismissal with Prejudice *d] Barbara S. Prudoehl re: resignation from Energy and Transportation Committee e] Correspondence relative to community youth building 12] 7:30 PUBLIC HEARING - on the vacation of a utility easement lying in the south corner of Lot 1, Block 1, Valley Mall 1st Addition to allow for the expansion of The Shakopee Town Square Theatre 131 Boards and Commissions: Community Development Commission: a] Commercial/Retail Development Incentive Program Energy and Transportation Committee: *b] Scott County Recycling Program Agreement *c] Technology and Research Grant Application TENTATIVE AGENDA November 8, 1989 Page -2- 14] Reports from Staff: *a] Amzak Cable, Midwest, Inc. Performance Bond *b] Prior Lake/Spring Lake Watershed District *c] Lewis Street Engineering Services d] Municipal State Aid System e] Appoval of the Bills in the Amount of $214,398.25 *f] Lease Agreement with scottland Corp. for the Police Shooting Range *g] Buy Back of Police Holiday Time h] Expiring Terms on Boards and Commissions *i] Health Insurance *j] Capital Equipment Purchase k] Sgt. Dennis Anderson Leave-of-Absence 15] Resolutions and Ordinances: a] Res. No. 3139, Commendation to Ray Ruuska for His Exemplary Performance b] Res. No. 3142, Canvassing Returns for the Municipal Election c] Res. No. 3143, Amending the Personnel Policy d] Res. No. 3140, Ordering Report for Lewis St. between Shakopee Avenue and 10th Avenue e] Res. No. 3144, Declaring Adequacy of A Petition and Ordering A Report for vierling Drive Watermain from Limestone Drive ± 2, 000 feet West 16] Other Business: a] b] C] 171 Adjourn to Tuesday, November 14, 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 November 8, 1989 Chairman Gary Scott presiding 1. Roll Call at 7:00 P.M. 2. Approval of the October 3, 1989 Meeting Minutes 3. FMG\TSUMURA Development Incentive Offer 4. Other Business a) b) 5. 6. Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MN OCTOBER 3, 1989 Chairman Scott called the meeting to order at 7:01 p.m. with Comm. Vierling, Clay, Wampach and Zak present. Also present were Mayor Lebens; Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Judith Cox, City Clerk; and Julius A. Collar II, City Attorney. Clay/Vierling moved to approve the minutes of September 5, 1989. Motion carried unanimously. Barry Stock reviewed the proposal from FMG/TSUMAURA for their proposed development project and request for 5 years of tax increment financing. The building value is estimated at 5.2 million dollars. The land value is estimated at 1.3 million and would employ about 350 fulltime employees. The City would not have to sell bonds, if no taxes were paid, the developer would not receive any tax increment. Comm. Vierling said she took a tour of FMG/TSUMAURA and feels it would be an asset to the City to have them locate here. Comm. Scott said he would like to have an answer from the developer within 20 days as to whether or not they will build in Shakopee. Scott Abernethy, Keewaydin, said he would like an indication from Council as to whether or not they will support the 5 year tax increment and he would need at least 30 days if not more to give Shakopee a final answer. Comm. Scott asked if they would consider going with a 4 year tax increment financing. Mr. Abernathy replied that the 5th year would make a difference in a development as complex as this. Vierling/Zak moved to support five years of tax increment assistance for the FMG/TSUMAURA project under a "pay as you go" tax increment plan with a 30 day sunset clause. Motion carried unanimously. Vierling/Wampach offered Resolution No. 89-4, A Resolution Relating to Minnesota River Valley Redevelopment Project No. 1; Requesting the City Council to approve a modification to the Redevelopment Plan; and requesting the City Council to establish Tax Increment Financing District No. 8, and to approve a Tax Increment Financing Plan therefore and moved for its adoption. Motion carried with Comm. Scott opposed. Newton Parker, Housing Inspector, reviewed several Rehab Programs that are available. He said he has met with the State on the different programs they have to offer on bringing more rehabilitation money into the City. He feels due to the Housing Enforcement Program there are many cases where apartment owners do not have the money to make the necessary repairs and therefore, rental units are being taken off the market. Pursuing an administrative agreement with Carver or Dakota County would make it easier for Shakopee property owners to get financial help to make these repairs. He is requesting permission to negotiate with the Carver County and/or Dakota County HRAs to act as administrator for these programs in Shakopee. Both counties have expressed interest in helping. The only costs for Shakopee would be for code inspections and minor consulting costs and the benefit would be decent and affordable housing. The consensus of the HRA was to have Mr. Houser's, Building Inspector, input into this proposal. Vierling/Zak moved to have Mr. Stock meet with Mr. Houser and Mr. Parker on the proposed Rehab programs administrative agreement. Motion carried unanimously. Vierling/Clay moved to recess at 8:00 p.m. Motion carried unanimously. Vierling/Clay moved to reconvene at 9: 14 p.m. Motion carried unanimously. Vierling/Clay offered Resolution No. 89-5, A Resolution Approving Tax Increment Pledge Agreement Relating to $3, 600,000 General Obligation Tax Increment Bonds, Series 1989A, and moved its adoption. Motion carried unanimously. Vierling/Clay moved to adjourn at 9:17 p.m. Motion carried unanimously. Dennis R. Kraft Executive Director Carol Schultz Recording Secretary When Council increased their salaries , Jerry Wampach asked that the Utility Commission salaries be discussed also, at the budget meetings . Below is a copy of the resolution adopting the current salary for the Commission. RESOLUTION NO. 2222 A Resolution Setting Compensation For Shakopee Public Utilities ' Commissioners WHEREAS, on March 23, 1976, the Shakopee City Council authorized the compensation of $100.00 per month for the Shakopee Public Utilities' Commissioners ; and WHEREAS, Council is desireous to increase the compensa- tion to Shakopee Public Utilities ' Commissioners . NOW, THEREFORE; BE IT RESOLVED, by the City Council of the City of Shakopee , Minnesota that the compensation to Shakopee Public Utilities ' Commissioners shall be $125.00 per month to each Commissioner, plus an additional $25.00 per month to the . Chairman. BE IT FURTHER RESOLVED that this Resolution shall become effective March 1 , 1984. Adopted in adjourned regular session of the City of Shakopee, Minnesota held this 21st day of February, 1984. b L ayor or the city or bhakopee A., MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Camp Courage Wagon Train DATE: November 2, 1989 INTRODUCTION• On October 16, 1989 the City of Shakopee received a correspondence from Mr. Jack Marty and Ms. Diane Holeman, regarding the 1990 Camp Courage Wagon Train. (See attachment #1) . Mr. Marty and Ms. Holeman are soliciting the City of Shakopee's support to include Shakopee as a host city for the 1990 Wagon Train. BACKGROUND: The Camp Courage Wagon Train is an annual fund raising event for the Camp Courage project. Wagon Train participants raise contributions for Camp Courage by soliciting pledges/per mile prior to the Wagon Train or selling buttons to townspeople along the way. Special events conducted along the route in honor of the Wagon Train's visit and generous contributions from local service clubs and organizations also play an important part. All proceeds from the Wagon Train are designated for Camperships to assist children and adults with physical disabilities to attend Courage Center Residential Camping programs. Mr. Marty will be present at the Council Meeting on November 8, 1989 to discuss the possibility of including Shakopee as host city for next year's Wagon Train event. Canterbury Downs has also expressed an interest in participating in the 1990 Wagon Train. Mr. Tom Brock, representing Canterbury Downs will also be present at the November 8, 1989 meeting. Canterbury Downs has indicated they would be willing to serve as the campsite for the Camp Courage Wagon Train as it travels through our community. Canterbury Downs is willing to provide the essential needs for the Wagon Train including campsite, water, showers, and trash receptacles and manure spreaders. Camp Courage officials would like to request the City of Shakopee to consider providing bus transportation for approximately 80 persons from the Chaska Sr. High School to Canterbury Downs on June 19, 1990. Camp Courage officials would like to have a city official or employee designated to serve as the local representative to work with the Wagon Train as they travel through our community. I have contacted a local bus provider, who would be willing to provide the needed bus service from Chaska to Shakopee. The cost for the bus service is approximately $100.00. Canterbury Downs has identified a suitable site located on the racetrack premises for said camping. Canterbury Downs is therefore requesting that the City Council consider allowing said camping on the lower parking lot of the racetrack located near 4th Ave. , , w Staff has investigated the current racetrack PUD to determine if this use is allowed. The City Zoning code allows accessory uses to a racetrack. One of the permitted accessory uses is commercial/recreation. In the opinion of staff, the proposed event would seen to fall under that category. Therefore, the proposed use falls within the scope of the City Ordinance. When Canterbury Downs originally applied for PUD approval, they were required to submit documentation stating what types of uses and events they would be pursuing at the racetrack site. Documentation which was submitted by Canterbury Downs at the time of PUD consideration, stated that they would be planning community and special events of this type. Based on a evaluation of the issue, staff does not see a conflict with the zoning code or planned unit development of the racetrack facility. Therefore, staff is recommending City Council approval of Canterbury Downs' request to serve as a campsite for the Camp Courage Wagon Train on June 19, 1990. Staff is recommending that prior to the actual event, that Canterbury Downs be required to meet certain conditions to be established by city staff in terms of the overnight camping area. Staff is recommending that these conditions be handled administratively by staff in accordance with the administrative waiver provision outlined in the PUD ordinance. If the City of Shakopee is willing to work with the Camp Courage Wagon Train, staff is recommending the Council action in the following area. 1. Designate a representative or spokesperson to serve on behalf of the City of Shakopee. 2. offer funding support to provide bus transportation service from the Chaska Sr. High School to Canterbury Downs on June 19, 1990 at a cost not to exceed $100.00. 3. Authorize the appropriate city officials to exercise the administrative waiver provision outlined in the PUD ordinance, allowing Canterbury Downs to serve as the campsite for the Camp Courage Wagon Train. ALTERNATIVES• 1. A. Designate a local representative to serve as spokesperson on behalf of the City. B. Provide funding support in an amount not to exceed $100.00 to provide bus transportation for the Camp Courage Wagon Train participants on June 19, 1990. C. Authorize the appropriate city officials to exercise the administrative waiver provision outlined in the PUD ordinance allowing Canterbury Downs the opportunity to serve as the campsite for the Camp Courage Wagon Train. 1( 6- 2. , 6- 2. Do not support the 1990 Camp Courage Wagon Train as it travels through our community in 1990. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REOUESTED• Move To: 1. Designate a local representative to serve as spokesperson on behalf of the City. 2. Provide funding support in an amount not to exceed $100.00 to provide bus transportation for the Camp Courage Wagon Train participants on June 19, 1990. 3 . Authorize the appropriate city officials to exercise the administrative waiver provision outlined in the PUD ordinance allowing Canterbury Downs the opportunity to serve as the campsite for the Camp Courage Wagon Train. BAS/au ( l � � 6LI Camp Courage Wagon Train RE(%E'•VED Octobea 13, 1989 W 1 61989 CITY Or SHAKOPEE Attn: gudg Cox On gone 19, 1990, the Camp Courage Wagon %ra_n w_ll be taaveZC ngg through goua commun_tg on Lta 175 mCle youaneg to Camp Lounage near M pie Lake, MLnneaota WCth goua help and auppoat, we mould Like to _nclude Shakopee as a ((Oat CL y. Below La a RAf o� eaaent_al needy �oa the wagon twain. a/ local rte nedentaf Lvegad/on a oka eaaon - a pertaon an ort pertaana wi _rzg teo woAk wLth ua as well ¢d goun commun_tg b/ campa_te - a �a_alg level anent appaox Cmaiel /0 acaIea (we hope to atag near art at Canieagortg DOwna/ c/ water - thLd. _ncluded watea Fort ILveatoch ¢d we�aa da Lnh Lng wafen d/ It to in orttat Con - (Each moan Lng the &Lga ane move to t e next nLght atop. Buaea ane needed to netuan the wagon taainena to theLrt hortaea and wagoner. e) ahowena 8 tnana oatatCan to 8 tAOM - In the paaf, me ave foundthat ac oo a awe beat do_fed #ort shower jfac_l_tiea. (Ijt we etag at Canfea6uag vowna, ahowea lac U_t_ed will not be needed. ) 1/ tnaah neceptaeled 8 manure dpaeaden - clean-up We look �orwaad to woahLng w_th goun commun Ctg Ln what we hope wCLI be a common goal: aendCng the handCcapped to Camp Courage. " S_ncenelg, Back Marttg 8 dCane 11olmen 3915 Golden Valley Road 0 Golden Valley,Minnesota 55422•(612)5200515 October 14, 1989 To whom it may concern; I, Ruth I. Bayless, do hereby tender my resignation as a member of the Shakopee Youth Building Committee effective immediately. _ I also wish to make clear at this time that any and all statements and opinions expressed by me concerning Resolution 3123 (copy enclosed)are my own and are in no way representative of anyone other than myself. It has never been my intention or desire to act as spoksperson for Cannon Valley Girl Scout Council or Shakopee Girl Scout Service Team as represented by Ms S. Frankhouser. One other matter that I feel requires clarification at this time is the statement attributed to Mr. Leroy Houser in the September 28, 1989 issure of the Shakopee valley News (copy enclosed). At no time has there been any rallies or gatherings, pro-life, pro-choice, political, religous orany other kind held at the Shakopee Community Youth Center. When the Shakopee Youth Building Committee was originally appointed by the Shakopee City Council it was stressed that supervised youth activities should have priority followed by senior citizen activities and that any remain ing available time to be scheduled in an unbias and non- prejudicial manner. This policy has been strictly adhered to. There have been at various times meetings held at the building by many different committees. These meetings were on a one time only basis and were restricted to the members of that particular committee. Never has the building been used for a profit making enterprise. Sincerely. Ruth I. Bayless 2M,West Sixth Avenue Shakopee, MN 55379 R F�EI(rFa OC71 61989 city OP8jmko FF X18 students under Council enrollment option action "ording to Bob Martin, the dis- The 18 students amatendingfrve in brief 'ci's director of business services. different districts: 10 are in Chaska, -That money has to be made up two in Eden Prairie, two in Bloom- somewhere,"he said. ington, three in Jordan and ane in Here Is a capsulized look of ' In the last couple of years, said Minnetonka, according to district Shakopee City Council action an Superintendent Gayden Catarrh, the officials.Of the 18 students,12 are in Sept 19. 7fia council: number of students coming into or secondary grades. Directed the city attorney to leaving the district has been about The 10 students enrolled in pri- Y y, the same."It's been a wash at three to vate schools do not take funding with draft a policy establishing which eve students," she saitl. This year, them. Daps may lore the new Community 0ever, was different. Final enrollment figures were not �arth Center. LeRoy Houser, city mvMost of ft students attending availableatthe meetingMondaynight, building mspu'tor' said there was gcbcol outside Shakopee are sewn- so district officials could not deter- concern by some of the volunteers nary students. In funding formulas, mice if the number of new atndems who donated to the building over said Martin and Carruth, secondary indedistria isgreawrthan the number "inappropriate" use of the building students bring in the largest share of that kft. for meetings. Houser, a member of education aids, while elementary the Lions Club, one of the donating students account for a lesser amount. groups,said the buildingwas intended Cor use as a meeting place fa young people under structured,adult super- vision.It was not intended as a meet- ing place fix proo-lk and pro-chmice d narrowly approves rallies, apolticalarelghaageth Brings,he said.}k suggested that the policy include as Permitted uses �ee funds for 1990 supervsvAyouth acocand non- political senior citizenssactivities that do not conflict with youth gather- 'job living up to everyone's expects- cent budget increase for 1990 and the Ings• final hat fa Heri- ,tions," Van Hout told George city's recent discussions about dou- •Approves the P. Muenchow, community recreation bling council members' salaries. tage Place Second Addition subject .'director."However,I find it difficult "Someone is not getting the message in conditions recommended by the :m vote this budget in when our own that there is a tremendous tax poli- Planning Commission. ;ppeeople may have to take a salary lent in this community." •Accepted resrgnatton o[Al freeze"she said. The joint powers agreement be- Fume from the Community tter to Borman was concerned about tween the city and the school district opnent Commission. In a lever to Agreeing to the 4 percent raise in- to fund Shakopee Community Reo- the council, Furrie said the action luded in the budget,saying it could reatim may be in its last year, act• was necessary due to time limits- ;set a precedent that other bargaining cording to board members. A ate- taxa. 1unitswouldthenwantfathemselves. year notice is required for either of •Adopted amsclutimcommend- lie said negotiations with the reach- to two to dissolve the agreement B boadd Marquette Bank nth anniversary last ich ers' group have been closely tied to and in the face of unstable district celeweek. The bank called First last what the city and county are looking faances, t School Board may opt tonal Bank of Shakopee until m- Na- at a have approved fm their employ- out of theagreement in order to real- ceml was chartered opeein u Ma res,"and what they can expect from ize cost savings.The earliest it could Dolores Leber read the 4.Mayor m•* opt out 's 1990.91. the following da at a Shakopee Board member Janet Wendt dis- Preliminary iodicatimsfrom same g Y n iagreed, saying that each bargaining City Council members, said Chamber of Commerce meeting and Ion¢ reaches a different semlement Mcendhav, are that the city would presented itto Marquette banks owner: We are in fiscal restraints, but that be wiling to discuss alternate ford- - Carl Pohlad.is a different issue than to fact of ing for community recreation in the • Grunted on- and off-sale and: setting precedent for the teachers. event the joint powers agreement is Sunday liquor licenses to Cap-Tml We haven't set precedent in the past. ended. Inc.,a eoive Oct. 1,provided that a. I see oto real connectim between the After further discussion,.Lynch's certificate of occupancy a issued by two,"she said. motim was removed from the table the city building inspection depart-: Several board members wondered and the board acted on a motion mens Cap-Tml,owned by Gregory aloud why other governing entities made by Wendt to fund community Ries and Ken Cryer,made extensive' in the community were considering recreation for the amount requested. rela�tottebuilding formerly hous-: fidget hikes a salary increases de- The motion to approve the 5,520 E. Firm A e.The Folks Club, ass Ispite citizen unrest about taxes. "1 budget passed on a 4-3 vote, with E. First Ave. The tamer business think we reed to Stan sending sane Lynch,Van Hout and Summit va- was closed by city building officials messages," said Sorensen, referring ing no. because of numerous building code. w vi the county's proposed 11.3 per- violations. • Was told by Councilman Jce: RESOLUTION NO. 3123 A RESOLUTION ACCEPTING THE SHAKOPEE COMMUNITY YOUTH BUILDING FROM THE SHAKOPEE LIONS AND ESTABLISHING A COMMITTEE TO OVERSEE ITS OPERATION WHEREAS, the Shakopee Lions Club has received donations and constructed a building upon City property in Lions Park to be used as a meeting place for scouting groups, and other structured youth groups, in Shakopee; and WHEREAS, the Shakopee Lions Club has turned the building over to the City of Shakopee to own and maintain; and WHEREAS, the Shakopee Lions Club is recommending that a "Shakopee Youth Building Committee" be established to oversee the scheduling and cleaning of the building; and WHEREAS, members of the Shakopee Lions have spent much time and energy in the construction of a building which can be used by the boy scouts, cub scouts, girl scouts, and other structured youth groups within the City of Shakopee; and WHEREAS, the City of Shakopee can be grateful for and proud of the facility constructed by the Shakopee Lions Club for the community betterment and concern for the youth of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: 1. The City hereby accepts the community youth building located at Lions Park so generously donated by the Shakopee Lions Club, other persons, firms, organizations and fraternal organizations to the City of Shakopee for community youth activities. 2. The City shall maintain the physical plant and exterior of the building and the Lions will maintain the interior of the building; and the City will provide any pay for the utilities and insurance costs of the building. 3. A Shakopee Youth Building Committee is hereby established which shall be responsible only for the scheduling of the use of the community youth building, for scouting groups and other structured youth groups in Shakopee, as well as interior maintenance of the building; the Committee will operate as follows: a. The Committee shall be comprised of (five) members to be appointed by the City Council consisting of representatives from local scouting programs. The aforementioned shall submit names to the Council for their consideration. Resolution No. 3123 Page Two b. The members shall serve staggered terms which shall expire on January 31st as do terms of other City board and commission members. C. The Committee shall establish its own meeting dates, elect its officers, and shall follow Roberts Rules, Newly Revised in conducting its meetings. d. The Committee shall submit a schedule of times and users, at least one month in advance of the scheduled times, to the Shakopee Community Recreation Director. The Director may schedule other community groups which are of a non-political/non-profit/ non-religious nature for times which have not been scheduled by the Committee. e. The Committee shall submit an annual report to the City Council, not later than February 1st of each year, outlining the use of the building during the preceding calendar year. The annual report shall include the preceding year end financial statement as well as the budget for the current year. f. The City Council shall serve as the Appeals Board should there by any matter which needs to go to an appeals board. -mz.t� Wf vre sv. 'Ymq g. Consistent witT a commitment 1 be no charge for the Lions, Council has determined that there shal ganization. use of the building by any Shakopee youth or n No. 3019 is hereby BE IT FURTHER RESOLVED that Resolutio repealed in its entirety. E the City Council of Adopted in - ' session o. this day of the City of Shako e, Minnesota, held &r3i�iPni , 1989. the City of Shaxopee May ATTEST: City V erk Approved as to £orm this day of 1989. City At ey Philip R.�m* 2NSENT K 1Hl lJl Rdvn.LlUiYer Dennb L.Monme laatilan R Mur Ilarry K � & Jams B.Guff Jay e °uMONROE (Ml o� mde ite�'or R.Nelsen %lark J.Moxnessx ."""'0 Palricla a.Nelkr Diane%I.Carbon •rmaacm mn slaws October 25, 1989 Dennis Kraft City of Shakopee 129 East First Avenue Shakopee, MN 55379 RE: City of Shakopee vs. Intveld, at al Our File No. 1-1373-210 Dear Mr. Kraft: Enclosed please find the original and two copies of the Stipulation of Dismissal with Prejudice with regard to the above-referenced matter. The Stipulation of Dismissal must be signed by the Mayor and the Clerk and returned to me in the enclosed envelope as soon as possible. If you have any questions or comments, please feel free to contact me. Very truly yours, KRASS 6 MONROE CHARTERED ALLIe'p / K-i2-.iD Phillip R. Kress Attorney at Law P 3r•3k Enc osure i ACTION RECOMMENDED: '. Authorize the proper city officials to execute the Stipulation of Dismissal with Prejudice with regard to the Laurence Intveld and Carl Lindstrand condemnation proceedings, Project No. 1987-5 Upper Valley Drainage. STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT ----------------------------------------------------------------- City of Shakopee, a Court File No. 89-02254 municipal corporation, Petitioner, SYIPOLASION OF DISMISSAL V. WITH PREJUDICE Laurence Intveld and Carl Lindstrand, Respondents. ----------------------------------------------------------------- WHEREAS, the above-entitled condemnation proceeding was commenced on or about April 14, 1988; and WHEREAS, pursuant to the Petition and Notice of Condemnation, the Petitioner took possession of the subject property on July 16 , 1988; and WHEREAS, on December 17, 1988 , the Petitioner paid to the Respondents the Petitioner 's appraisal sum in the amount of Twenty-eight Thousand Six Hundred Seventy and 00/100 Dollars ($28 ,670 .00) ; and WHEREAS , the Court appointed Commissioners filed their award on January 16 , 1989, in the amount of Fifty-two Thousand Eight Hundred Seventy-five and 00/100 Dollars ($52 ,875 .00) for the permanent taking, Five Hundred and 00/100 Dollars ( $500 .00) for the temporary taking, and Five Hundred and 00/100 Dollars ($500 .00) for appraisal costs; and WHEREAS, both the Petitioner and the Respondents appealed said award; and WHEREAS , the Petitioner has agreed to pay the total amount of the award of the Commissioners plus statutory interest and taxes; and WHEREAS , the Respondents have agreed to accept the Commissioners ' award plus statutory interest and taxes. NOW, THEREFORE, it is hereby stipulated by and between the Petitioner , City of Shakopee, and the Respondents, Laurence Intveld and Carl Lindstrand, as follows: 1 . That the Petitioner shall pay to the Respondents the difference between the amount of the Petitioner 's appraisal and the Commissioners' award, to-wit, Thirty-four Thousand Two Hundred Five and 00/100 Dollars ($34 ,205 .00 ) . 2 . That the Petitioner shall pay the statutory interest calculated pursuant to Minn. Stat. §117 .195 in the total sum of Four Thousand One Hundred Thirty and 00/100 Dollars ( $4 ,130 .00) , calculated at 144 days at Eleven Dollars and 60/100 Dollars ( $11 .60) per day and 328 days at Seven Dollars and 50/100 Dollars ($7 .50 ) per day at the rate of eight percent (88 ) per annum. 3 . That the Petitioner shall pay the Respondents Five Hundred Forty-seven and 20/100 Dollars ($547 .20) for the temporary easement plus interest. 4 . That the Petitioner shall pay the Respondents Five Hundred and 00/100 Dollars ($500 .00 ) for appraisal fees. 5 . That pursuant to the provisions of Minn. Stat. 5272 .68, the Petitioner shall pay all taxes, special assessments and Green Acres deferred taxes and assessments and all future - 2 - installments thereof unpaid on the subject property as of July 16 , 1988, the date of possession. 6 . That upon payment of the total sum of Thirty-nine Thousand Three Hundred Eighty-two Dollars ($39 ,382 .00) , the Petitioner shall file a Final Certificate and a Discharge of Notice of Lis Pendens. 7 . That upon the payment of the balance of the Commissioner ' s award plus statutory interest, the appeals of both the Petitioner and the Respondents shall be dismissed with prejudice. Dated this day of 1989 . PETITIONER: CITY OF SHAKOPEE By Its Mayor By Its RESPONDENTS: 1 Laurence Intve {/n.1�__ Carl L strand " - 3 - BRASS S MONROE Phillip R. Brass Attorney for Petitioner Marschall Road Business Center 327 Marschall Road P.O. Box 216 Shakopee, MN 55379 Telephone: (612) 445-5080 ECRBERG, LAMMERS, BRIGGS, WOLFF 6 VIERLING es- Lamm (459730) At n for Respondents 1 5 Northwestern Avenue Stillwater, MN 55082 Telephone: (612) 439-2878 4 - CONSEA d 11 October 25, 1989 CITY Mr_ Barry Stock -. .. Assistant City Administrator 129 E. First Avenue Shakopee, MN 55379 RE: Energy and Transportation Committee Dear Mr. Stock; This is my official resignation from the Energy and Transportation Committee. I regret that I need to make this decision because of a work related nature. My stay with the committee has been an excellent opportunity to become involved with community affairs, and I have high regards for your dedication and hard work with the committee. This resignation is on a temporary basis and I look forward to being associated with the city on a future committee or council. Respectfully submitted, >� t-v�� Barbara S_ Prudoehl Recommended Action: Move to accept the resignation of Barbara S . Prudoehl from the Energy and Transportation Committee, with regrets. No WHEREAS: The Shakopee Lions Club conceived the idea of a Shakopee Community Youth Center; and WHEREAS: With the assistance of many service clubs, fraternal organizations, persons, firms and corporations this facility became a reality; and WHEREAS: The sole intent of the contributors was to provide a permanant facility for scouting, community youth activities and senior citizens club activities with scouting taking precedent over other uses; and WHEREAS: Upon completion of the Shakopee Community Youth Center the Shakopee Lions Club and affiliated donators proudly , turned this building over to the City of Shakopee. NOW BE IT RESOLVED: The Shakopee Lions Club and Shakopee service and fraternal clubs respectfully request the integrity of the intent of this facility be maintained and protected by the Shakopee City Council and restricts its use to community youth activities, scouting activities and senior citizens club activities. Shakopee Lions Club Bob Schneider, President /( -,a- WHEREAS: ( ,a-WHEREAS: The Shakopee Lions Club conceived the idea of a Shakopee Community Youth Center; and WHEREAS: With the assistance of the American Legion Post No. 2, many service clubs, fraternal organizations, persons, firms and corporations this facility became a reality; and WHEREAS: The sole intent of the contributors was to provide a permanant facility for scouting, community youth activities and senior citizens club activities with scouting taking precedent over other uses; and WHEREAS: Upon completion of the Shakopee Community Youth Center the Shakopee Lions Club, the American Legion Post No. 2 and affiliated donators proudly turned this building over to the City of Shakopee. NOW BE IT RESOLVED: The Shakopee Lions Club, the American Legion Post No. 2 and Shakopee service and fraternal clubs respectfully request the integrity of the intent of this facility be maintained and protected by the Shakopee City Council and restricts its use to community youth activities, scouting activities and senior citizens club activities. Americani anLegion Post No. 2 ^ Don Hamilton, Commander I., 1 . I I _a� WHEREAS: The Shakopee Lions Club conceived the idea of a Shakopee Community Youth Center; and WHEREAS: With the assistance of the Veterans of Foreign Wars, Post No. 4046, many service clubs, fraternal organizations, persons, firms and corporations this facility became a reality; and WHEREAS: The sole intent of the contributors was to provide a permanant facility for scouting, community youth activities and senior citizens club activities with scouting taking precedent over other uses; and WHEREAS: Upon completion of the Shakopee Community Youth Center the Shakopee Lions Club, Veterans of Foreign Wars, Post No. 4046 and affiliated donators proudly turned this building over to the City of Shakopee.' NOW HE IT RESOLVED: The Shakopee Lions Club, Veterans of Foreign Wars, Post No. 4046 and Shakopee service and fraternal clubs respectfully request the integrity of the intent of this facility be maintained and protected by the Shakopee City Council and restricts its use to community youth activities, scouting activities and senior citizens club activities. Veterans of Foreign Wars, Post No. 4046 po& 'gob Shannon, Commander MEMO TO: Dennis R. Kraft, City Admin'st ator FROM: Judith S. Cox, City Clerk RE: Vacation of Easement to All for the Expansion of the Shakopee Town Square Theatre DATE: October 30, 1989 INTRODUCTION: On October 3, 1989, Council set a public hearing for November 8, 1989, to consider the vacation of a potion of a utility easement to allow for the expansion of the proposed Shakopee Town Square Theatre to be located in the Shakopee Town Square (formerly Minnesota Valley Mall) The purpose of the public hearing is to determine whether or not the easement serves a public purpose. BACKGROUND: The proposed Shakopee Town Square Theatre will be expanding behind part of the mall area. There is a watermain running immediately behind the mall and the proposed expansion will be located over this watermain. There is also a natural gas main located within this utility easement. The property owners are working with Shakopee Public Utilities and Minnegasco on relocating these utilities. They will be providing a new easement for the relocated utilities. After these two utilities have been relocated, there will be no need to retain the easement. There have been no objections to the proposed vacation expressed by staff members, nor from Shakopee Public Utilities. At their regular meeting on October 5, 1989, the Planning Commission passed a motion finding that the vacation is not in conflict with the City's Comprehensive Plan and recommended Council approval of the vacation of the easements. The purpose of the public hearing is to determine whether or not the easement serves a public purpose. Once the watermain and gasmain have been relocated, it would appear that they do not serve a public purpose. Unless evidence is presented at the public hearing to show otherwise, Council could direct staff to prepare the vacating resolution. The resolution would then be prepared for Council's consideration after the watermain and gasmain have been relocated. RECOMMENDED ACTION: 1. Hold public hearing. 2. Move that the Council is willing to vacate certain easements in Lot 1, Block 1, Valley Mall 1st Addition, to allow for the expansion of Shakopee Town Square Theatre, after the relocation of the existing watermain and gasmain and the creation of a new easement; and direct staff to prepare the appropriate resolution for Council consideration when such actions have been completed. JSC/tiv REV ISe ID 12� MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Vacation of Easement to Allow for the Expansion of the Shakopee Town Square Theatre DATE: November 8, 1989 INTRODUCTION: On October 3, 1989, Council set a public hearing for November 8, 1989, to consider the vacation of a potion of a utility easement to allow for the expansion of the proposed Shakopee Town Square Theatre to be located in the Shakopee Town Square (formerly Minnesota Valley Mall) The purpose of the public hearing is to determine whether or not the easement serves a public purpose. BACKGROUND: The proposed Shakopee Town Square Theatre will be expanding behind part of the mall area. There is a utility easement running immediately behind the existing building under the proposed expansion. Within the easement are; watermain, gas main, and underground telephone lines. The watermain has been relocated and the gas main is being relocated by Minnegasco now. Both SPUC and Minnegasco have now okayed the vacation. The telephone company does not plan on moving the underground telephone lines which just serve the mall. They are okay with the vacation. The City has received a new easement from the applicant for the relocated utilities which has been reviewed by the City Engineer. There have been no objections to the proposed vacation expressed by staff members, nor from Shakopee Public Utilities. At their regular meeting on October 5, 1989, the Planning Commission passed a motion finding that the vacation is not in conflict with the City's Comprehensive Plan and recommended council approval of the vacation of the easements. The purpose of the public hearing is to determine whether or not the easement serves a public purpose. Once the watermain and gas main have been relocated, it would appear that they do not serve a public purpose. Unless evidence is presented at the public hearing to show otherwise, staff recommends approval of the vacation. RECOMMENDED ACTION: 1. Hold public hearing. 2. Offer Resolution No. 3145, A Resolution Vacating Part Of The Utility Easement Lying In Lot 1, Block 1, Valley Mall 1st Addition (Shakopee Town Square Theatre) , Shakopee, Minnesota, and move its adoption. JSC/tiv r �L RESOLUTION NO. 3145 A RESOLUTION VACATING PART OF THE UTILITY EASEMENT LYING IN LOT 1, BLOCK 1, VALLEY MALL IST ADDITION (SHAKOPEE TOWN SQUARE THEATRE) , SHAKOPEE, MINNESOTA WHEREAS, part of the water main located in Lot 1, Block 1, Valley Mall 1st Addition, has been relocated in order to allow for the expansion of the Shakopee Town Square Theatre; and WHEREAS, it has been made to appear to the Shakopee City Council that part of the utility easement lying in Lot 1, Block 1, Valley Mall 1st Addition, no longer serves any public interest or use; and WHEREAS, a public hearing to consider the vacation of said easement was held in the Council Chamber of the City Hall in the City of Shakopee on November 8, 1989; and WHEREAS, two weeks published notice has been given in the Shakopee Valley News and posted notice has been given by posting such notice on bulletin board on the main floor of the Scott County Courthouse, and on the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1) That it finds and determines that the vacation hereinafter described is in the public interest and serves no further public need as an easement. 2) That the utility easement described in "Exhibit A", attached hereto and made a part hereof, be and the same hereby is vacated. 3) After the adoption of this resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in Session of the City Council of the City of Shakopee, Minnesota, held this _ day of , 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1989. City Attorney 2� EXHIBIT A A strip of land 20.00 feet in width over, under and across part of Lot 1, Block 1, Valley Mall Addition, the centerline od said strip being described as follows: Commencing at the most southerly corner of said Lot 1, Block 1, thence North 54 degrees 01 minutes 22 seconds West along the southwesterly line of said Lot 1, a distance of 154.56 feet; thence North 35 degrees 59 minutes 39 seconds East a distance of 386. 00 feet to the point of beginning of the centerline to be described; thence continue North 35 degrees 59 minutes 39 seconds East a distance of 42.86 feet; thence North 11 degrees 59 minutes 39 seconds East a distance of 48.59 feet; thence South 78 degrees 00 minutes 21 seconds East a distance of 36.46 feet; thence North 78 degrees 00 minutes 21 seconds West a distance of 36.46 feet, thence North 11 degrees 59 minutes 39 seconds East a distance of 97.23 feet and there terminating. a c Z 6 v \ i 0 f o /� FX F �.J441 d. G] w F m / hti\/ ZkH a vW ao- .t 'i�:l$ s � S Cl . $� iI�'�{;I � X :s• JIBB W ImLU - "I°4 2 0� sc13 IN b N j ♦Q a ` Qa I � �'� / ' I _ a . o-�zi �� b•x-�-? < 1 MEMO TO: Judy Cox, City Clerk FROM: Douglas K. Wise, City Planner RE: Vacation of Utility Easement for Shakopee Town Square Theatre DATE: November 1, 1989 INTRODUCTION• At their meeting on October 5, 1989, the Planning Commission reviewed the proposed vacation of a portion of the utility easement located in Lot 1, Block 1, Valley Mall First Addition for consistency with the comprehensive plan. After completing the reviews, the Planning Commission passed a motion recommending approval of the vacation. BACKGROUND• According to Minnesota State Statutes the Planning commission is required to review vacation requests to determine whether they are in conflict with the City's Comprehensive Plan. At their meeting on October 5, 1989, the Planning Commission reviewed a request by Carlson Real Estate Company for a Condition Use Permit for the theatre. At that meeting the Planning Commission approved the Conditional Use Permit for the theatre. Following action on the Conditional Use Permit, the Planning Commission reviewed the proposed vacation for compliance with the City's Comprehensive Plan. PLANNING COMMISSION RECOMMENDATION: At their meeting on October 5, 1989, the Planning Commission passed a motion finding that the vacation is not in conflict with the City's Comprehensive Plan and recommending to the city council approval of the vacation of the easement. # I�) a . MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Commercial/Retail Development Incentive Program DATE: October 30, 1989 INTRODUCTION• On August 2, 1989 the Shakopee City Council directed staff to develop a commercial/retail development incentive policy. Staff has worked with the Downtown Committee and Community Development Commission in developing the proposed commercial/retail development incentive program as attached. On October 11, 1989 the Community Development Commission recommended to City Council approval of the Commercial/Retail Development Incentive Program. BACKGROUND: Approximately one year ago, the Shakopee City Council adopted a Development Assistance Policy for industrial development projects. This past summer it became apparent that the industrial development incentive policy as approved did not offer assistance to qualified commercial/retail development projects. Therefore, the Shakopee City Council directed staff to develop a commercial/retail development incentive policy. The program as proposed for commercial/retail development projects was drafted in a similar format to the City's Industrial Development Incentive Program. The proposed program would provide tax increment financing assistance to qualified prospects. Prior to receiving the City financial assistance, the developer would have to meet the development criteria as set forth in the proposed program. The principle components of the commercial/retail development incentive program proposed at this time are as follows: 1. The project must be located in either the B-1, B-2 or B-3 zoning district. 2 . Projects within the B-3 zone must meet the downtown building design standards and be consistent with the goals and objectives set forth in the Downtown Revitalization Plan. 3 . The project must return a 10-1 market value ratio increase. 4. The project must be new construction or a building expansion. Rehabilitation projects would not be eligible for program financial assistance. 5. The project or building expansion must have a minimum value of $1 million. The level of tax increment assistance to be available to qualified redevelopment or economic development projects would be determined based on the merits of the project with no less than three years of tax increment to be provided. It was the desire of the Community Development Commission to include a program intent provision in the policy to accurately reflect the purpose and level of tax increment assistance to be provided to qualified commercial/retail projects. The program intent statement strongly suggests that not less than three years of gross tax increment capture will be provided to a qualified commercial/retail project, keeping in mind that some projects may be packaged in a unique fashion or may have special value which may justify additional tax increment assistance. The minimum project value figure of $1 million was determined by the Community Development Commission as a minimally acceptable project. When projects of less than $1 million are pursued for tax increment financing assistance, it is difficult to justify the administrative and legal fees incurred in developing the required legal documents and financial analysis. The amount of tax increment generated from a project with a value of less than $1 million is also not enough of an enticement for the developer to proceed with a tax increment financing request. In an attempt to encourage greater use of the program, the Community Development Commission is proposing a provision which would allow combining two or more development projects in an effort to meet the minimum project value of $1 million. Tax increment would be disbursed to the participating developers based on the value of each individual project. Both the Downtown Committee and Community Development Commission have provided input in to the proposed commercial/retail development incentive program. In accordance with the Community Development Commission's recommendation, staff is recommending Council consideration and approval of the proposed commercial/retail development incentive program. ALTERNATIVES• 1. Move to approve the proposed Commercial/Retail Development Incentive Program. 2. Do not approve the proposed Commercial/Retail Development Incentive Program. 3. Amend the proposed Commercial/Retail Development Incentive Program and move its approval. 4. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to approve the proposed Commercial/Retail Development Incentive Policy. Attachment #1 CITY OF SHAKOPEE COMMERCIAL/RETAIL DEVELOPMENT INCENTIVE PROGRAM Program Intent To provide assistance to qualified commercial/retail projects that will enhance the economic vitality of the community using not less than 3 years of gross tax increment capture, keeping in mind that some projects may be packaged in a unique fashion or may have special value which may justify additional tax increment assistance. Program Goals 1. To promote economic development which will increase the City's overall tax base. 2. To improve the community's economic vitality through the creation of additional jobs and support services. 3. To assure that projects developed in the Business Zoning Districts are of top quality and maintained. 4. To enhance the competitive position of Shakopee for new and expanding residential development. Program Summary The proposed program will provide Tax Increment Financing (TIF) assistance to qualified prospects. Qualified projects (applicants) must meet or exceed the following development criteria to be eligible for program assistance. Meeting the threshold of eligibility does not mean automatic approval for the applicant. Final approval of an economic development assistance package shall be made by the Shakopee Housing and Redevelopment Authority and City Council. a. The project must be located in either the B-1, B-2 or B- 3 Zoning District. b. The project must be consistent with the City's Comprehensive Plan. C. Projects within the B-3 zone must meet the Downtown Building Design Standards (see attachment #1) and be consistent with the goals and objectives setforth in the Downtown Revitalization Plan. d. A 10-to-1 ratio of estimated market value increase for the amount of tax increment assistance shall be used as an approximation of the return necessary for a minimally adequate project. 1 � 3 �- e. The project must be new construction or a new building expansion. f. Business Rehabilitation projects are not eligible for program financial assistance. g. The project or building expansion must have a minimum value of $1,000,000. h. Two or more development projects may be combined as one project to meet the minimum project value of $1,000,000. Tax increment will be disbursed to the participating projects based on their value. i. The level and duration of tax increment assistance for a project shall be a minimum of 3 years of gross tax increment capture. j . The project must not create an environmental hardship for the community. k. The applicant must be willing to enter into a Developer's Agreement approved by the City. 1. The applicant must make application for TIF assistance on forms available from the City. M. The applicant should at all times retain and be assisted by qualified financial consultants and/or underwriters, and by legal counsel. n. Construction of the project shall not be commenced until the City has given preliminary approval to the application for financing. o. The City reserves the right to select a third party administrator/consultant to assist in the review and project development process. p. The City reserves the right to consider and approve projects which substantially comply with the development criteria, as set forth in the program providing other tangential items such as building materials, building quality, job quality, etc. exceed normal standards and have in the Council's judgement a significant positive impact on the community. q. The applicant must submit preliminary plans of the project and evidence of ability to finance the project. r. The applicant must provide security to the City to cover all costs paid by tax increment, unless the TIF plan is a "pay as you go" plan. s. The applicant must pay all costs of establishing the district unless the City agrees to allow costs to be generated by the district. t. Development must be of high quality with high quality building materials and landscaping as agreed between the City and the Developer. U. The City reserves the right to deny any application for financing at any stage of the proceedings prior to adoption of the final approval authorizing the issuance of bonds. V. During the duration of the tax increment capture, the project will be responsible for paying the fiscal 2 disparities contribution. w. The developer will provide a minimum of 10% owner and/or developer equity in the project. Content of Developers Agreement 1. Property Identification Number. 2. Legal description of Parcel. 3. Name of developer and project description. 4. Documentation from the Scott County Assessor's office regarding the original assessed value and the projected assessed value after construction. 5. Documentation from the City indicating the amount of increment that will be made available. 6. Letter of Credit or Performance bond in the amount of the tax increment that will be pledged to the project. 7. Documented evidence of the amount of special assessments and City development fees. 8. Prior to closing, the Developer will present plans and specifications of the project. Also, the Developer will present evidence of ability to finance the project. 9. A clause will be included for unavoidable construction delays. 10. A statement from the developer indicating that they are an equal opportunity employer. 11. A copy of the developers Affirmative Action Plan Certificate of Compliance. 12. A clause indicating that the developer will file job openings with the local job service and advertise for open positions in the official newspaper of the City. 13. A clause identifying development costs that will be reimbursed to the City out of the TIF proceeds. (i.e. administrative costs, professional fees, etc. ) Activities Eligible for Financing with TIF Proceeds 1. Land write down (in part or in whole) 2. Cost of streets and utilities 3. Grading costs 4. Utility hook up fees 5. Demolition and relocation costs 6. City costs such as trunk utility costs, building permit fees, park dedication fees, application fees etc. 7. Extraordinary landscaping and lighting 8. Extraordinary building enhancements 9. Soil corrections Application Process 1. Applicant shall make an application for TIF usage on forms available from the City. 3 1 G 2. The following information may be requested by the City: a. Statement of Public Purpose b. Description of Project c. Plans and Drawings of Project d. Description of the Company e. Legal Opinions f. Investment Bank Letter of Feasibility g. Market Analysis h. Pro Forma Analysis i. Financial Statements j . Certified M.A.I. Appraisal k. Traffic Impact Analysis 1. Other Documentation As Requested By City 3. City staff or the City's agent will review the data and make preliminary recommendations to the Shakopee Housing and Redevelopment Authority and City Council as to compliance of the application and proposed project with City objectives and eligibility criteria. 4. Final evaluation of the application will include, in addition to items subject to preliminary review, review of applicable credit analysis, credit enhancement and legal compliance. Formal recommendation will then be made to City Council. 5. After a review of the formal evaluation, the Shakopee Housing and Redevelopment Authority and City Council will consider final approval of the establishment of the TIF District and hold the appropriate public hearings. 6. All applications and supporting materials and documents shall become the property of the City. 4 A G CITY OF SHAKOPEE Application for Development Assistance 1. Business Name: 2. Address: 3. Phone: 4. Contact Person: Date: 5. Assistance Being Applied For: TIF IDRB 6. Location of Proposed Project: 7. Identify Legal Description: S. What is the principal business or product of the Company? 9. How many acres will the project occupy? 10. Indicate the applicant's legal interest in the land: 11. What is the present employment of your business? 12. How many full-time employees will be employed in the business to be constructed in Shakopee? 13. Indicate the proposed date for start of construction and estimated completion date. 14. Is the company for whom the project is being proposed public or privately held. i Public Private If private, who is the principal owner? 15. What is the estimated size of the proposed facility? Office: sq. ft. Storage/Warehouse: sq. ft. Retail Sales Floor Area: sq. ft. Research & Dev. : sq. ft. Manufacturing: sq. ft. Other: sq. ft. TOTAL sq. ft. 16. What is the estimated cost to complete the facility? a. Land Acquisition . . . . . . b. Building Construction . , , c. Property Development (demolition, grading, landscaping) . d. Road Improvements . . . . . . . . . . e. Utility Improvements. , f. Professional Services (Arch. , Legal, Fiscal) . . g. Fees and Permits. . . . . . . . . . . . TOTAL 17. The City reserves the right to request financial statements and/or tax returns of the applicant for the years of operation. 18. The City reserves the right to request three bank references from the applicant. Signature of Applicant Date 1 9 CONSENT 13h MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Scott County Recycling Program Agreement DATE: October 25, 1989 INTRODUCTION• Approximately one year ago, City staff approached the Scott County Board in an attempt to solicit grant funds for the implementation of the City,s curbside recycling program. At that time, the Scott County Board tentatively approved the City's request to fund a portion of the cost to purchase the recycling containers utilized in conjunction with our current refuse/recycling program. In order to receive thera ant funds, the City of Shakopee must enter into a recycling program agreement with Scott County. (See attachment #1) BACKGROUND: In March of 1989 the City of Shakopee initiated a comprehensive volume based refuse collection program. The program provided every household within the refuse collection service area under contract with the City with a 65 gallon refuse cart and recycling container. The program was initiated as a result of the enactment of the Scott County Solid Waste Disposal Ordinance. This ordinance required all refuse haulers in Scott County to provide recycling services to their customers. The City of Shakopee subsequently entered into a contract agreement with Waste Management Inc. for the provision of refuse collection and recycling services in Shakopee. The contract rate for refuse collection was increased to $9.80 per month. The senior citizen rate was increased to $8.35 per month. The rate increase equated to approximately $2.00 per month per household. The reason for the increase was directly related to the provision of recycling services under the new contract as well as an increase in landfill tipping fees. Foreseeing the probable increase in refuse collection rates, the City of Shakopee approached the Scott County Board in an effort to obtain funding to offset the costs associated with implementing the new refuse collection program. The City of Shakopee requested funding in the amount of $21,600.00 to assist in the cost of purchasing the recycling containers provided by the hauler. Since the implementation of the new program in March, Shakopee residents have been paying approximately $.40 per month on their refuse bill for the provision of a recycling container. When the City of Shakopee receives the grant from Scott County, it will be possible for the $.40 per month per household recycling container fee to be deleted from the City's refuse collection rate. Unfortunately, we are expecting a significant landfill tipping fee increase on January 1, 1989. Shakopee customers will likely see rg � little if any change in their refuse collection rate due to the offsetting landfill tipping fee increase. The Energy and Transportation Committee is recommending to City Council that the appropriate City officials be authorized to enter into the agreement between Scott County and the City of Shakopee for the reimbursement of expenses incurred by the City of Shakopee and its residents for the acquisition of the recycling bins that were required as a result of the Scott County Solid Waste Disposal Ordinance. Upon receipt of the grant funds, they will be disbursed to Waste Management Inc. for costs incurred as a result of purchasing the recycling containers. At the end of the City's current refuse collection contract, the recycling containers will become the property of the City of Shakopee. The transfer of funds to Waste Management Inc. will also result in a $.40 reduction in the current refuse collection service rate. When Waste Management Inc. has a better understanding of what the landfill tipping fee increase will be on January 1, 1990 staff would recommend that an amendment to the City's current refuse collection contract be drafted outlining the subsequent reduction in rate as a result of the grant payment transfer and also the subsequent increase in rate as a result of landfill tipping fee increases and 6% state sales tax. ALTERNATIVES• 1. Move to authorize the appropriate City officials to enter into the grant agreement between Scott County and the City of Shakopee for City costs associated with the acquisition of the recycling containers. 2. Do not authorize the appropriate City officials to enter into the agreement between Scott County and the City of Shakopee for the funding of City cost incurred as a result of the acquisition of the recycling containers. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative A1. ACTION REQUESTED: Move to authorize the appropriate City officials to enter into the recycling program agreement between the City of Shakopee and Scott County funding City costs associated with the acquisition of the recycling containers. r3 � RECYCLING PROGRAM AGREEMENT THIS AGREEMENT made and entered into on this th day of 1989, between the COUNTY OF SCOTT, State of Minnesota, hereinafter referred to as C by and through the Scott County Board of Commissioners a CITY OF Shakopee, State of Minnesota, hereIF as CITY, by and through the Shakopee City Coun WITNESSETH: Stat. Section 115A.919, (hereinafter Surcharge Statute) , provides that: A county may impose a fee, by cubic yard of waste or its equivalent, on operators of facilities for the disposal of mixed municipal solid waste located within the county. The revenue from the fees shall be credited to the county general fund and shall be used only for landfill abatement purposes, or costs of closure, postclosure care, and response actions or for purposes of mitigating and compensating for the local risks, costs, and other adverse effects of facilities. WHEREAS, the County of Scott has imposed a fee since January 1, 1985, at all mixed municipal solid waste landfills located within its i borders; and WHEREAS, the County has amended it' s Solid Waste Ordinance to require waste haulers to provide recycling services to their customers; and WHEREAS, some of the Cities in the County are contract providers of solid waste collections services, and wish to provide their residents with recycling containers; and WHEREAS, it has been demonstrated that utilizing recycling containers increases participation in recycling programs, thus reducing the amount of waste being landfilled; and WHEREAS, Minnesota Statutes Section 471. 59 authorizes two or more governmental units, by agreement, to jointly or cooperatively exercise any power common to the contracting parties or similar powers; NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE This Agreement shall establish a mechanism for distribution of funds collected by the COUNTY, pursuant to the Surcharge Statute, to implement recycling consistent with the COUNTY Solid Waste Master Plan as approved by the Metropolitan Council. PAGE 1 t� 2. EFFECTIVE DATE OF AGREEMENT This Agreement shall be effective upon execution by all parties to the Agreement. 3. TERM OF AGREEMENT This Agreement shall remain in effect until December 31, 1990 or until all obligations set forth in this Agreement have been satisfactorily fulfilled or unless earlier terminated as provided, whichever occurs first. 4. GRANT REQUEST The CITY shall perform recycling activities as set forth in Exhibit A, which is attached hereto and made a part of this Agreement. 5. GRANT PAYMENT The COUNTY shall pay to the CITY up to $21,600 to assist the City in purchasing recycling containers. The CITY shall use these grant funds solely for the purchase of recycling containers as set forth in Exhibit A. 6. AVAILABILITY OF FUNDS Notwithstanding any provision of this Agreement to the contrary, the maximum amount of grant payment available to the CITY shall be as specified in Section 5 above. Any future funding availability shall be at the complete discretion of the COUNTY. 7. UNEXPENDED FUNDS Any grant payments provided to the City under this Agreement shall be returned to the County in the event the grant payment is not used according to the requirements of this Agreement or has not been used within six (6) months of receipt by the City, whichever occurs first. 8. AUTHORIZED AGENT OF SCOTT COUNTY Scott County shall appoint an authorized agent for the purpose of administration of this Agreement. The City is notified of the authorized agent of Scott County as follows: Allen J. Frechette Environmental Health Manager Courthouse A102 428 S. Holmes St. Shakopee, MN 55379-1393 (612) 496-8177 PAGE 2 ; 3 l 9. RECORDS - AVAILABILITY AND RETENTION Complete and accurate records of the activities performed pursuant to this Agreement shall be kept by the City for a minimum of three years following termination of this Agreement. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County of Scott regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County notifies the City in writing that the records need no longer be kept. Pursuant to Minn. Stat. Section 168.06, Subd. 4, the books records, documents, and accounting procedures and practices of the City relative to this Agreement shall be subject to examination by the County and the State Auditor. 10. Indemnification The City shall save and protect, hold harmless, indemnify, and defend the County, its commissioners, officers, agents, employees and volunteer workers against any and all liability, causes of action, claims, loss, damages or cost and expense arising from, allegedly arising from, or resulting directly or indirectly from any errors and omissions and/or negligent acts and omissions of the City in the performance of this Agreement. 11. SUBCONTRACTS The City shall not subcontract any portion of the work to be performed under this Agreement nor assign this Agreement without the prior written approval of the authorized agent of the County. The City shall ensure and require that any subcontractor agrees to and complies with all of the terms of this Agreement. Any subcontractor of the City used to perform any portion of this Agreement shall report to and bill the City directly. The City shall be solely responsible for the breach, performance or nonperformance of any subcontractor. 12. COMPLIANCE WITH REQUIREMENTS OF THE LAW In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In entering into this Agreement, the City, its agents, employees and any subcontractors of the City in carrying out the terms and conditions of this Agreement, agree to abide by the provisions of the Minnesota Governmental Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant thereto. PAGE 3 13. SUCCESSORS AND ASSIGNS The County and the City, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other t party to his Agreement and to the partnerssuccessors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. Neither the County nor the City shall assign, sublet, or transfer any interest in this Agreement without the prior written consent of the other. 14. ACCESS TO PREMISES The City shall arrange access as necessary to work sites for the County for the purpose of verifcation of any requirements as described in this Agreement. 15. INDEPENDENT CONTRACTOR It is agreed that nothing contained in this Agreement is intended or should be construed as creating the relationship of copartner, joint venturers, or an association with the County and the City. The City is an independent contractor and neither it, its employees, agents, subcontractors nor representatives shall be considered employees, agents or representatives of the County. Except as otherwise provided herein, the City shall maintain, in all respects, its present control over the means and personnel by which this Agreement is performed. From any amounts paid to the City, there shall be no deduction for federal income tax or FICA payments nor for any state income tax, nor for any other purposes which are associated with an employer/employee relationship unless otherwise requirede income tax, law. Payment of federal income tax, FICA payments, unemployment compensation taxes, and other payroll deductions and taxes are the sole responsibility of the City. 16. NOTICES Any notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed to the City at its address stated herein, and to the authorized agent of the County at the address stated herein. 17. CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. 18. AMENDMENTS The Parties agree that no amendments, alterations, variations, or modifications to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing and duly signed by the parties. The execution of the change shall be authorized and signed in the same manner as for this Agreement. PAGE 4 • / 3t✓ 19. ENTIRE AGREEMENT It is understood and agreed that this Agreement and the attached Exhibit A constitute the entire Agreement of the parties and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the County and the City relating to the subject matter hereof. Any conflict or inconsistency between Exhibit A and this Agreement shall be resolved in favor of, and be governed by this Agreement. 20. TERMINATION This Agreement shall terminate under the following circumstances: a. By mutual written Agreement of the parties; b. By either party, with or without cause, giving not less than thirty (30) days written notice, delivered by mail or in person to the other party, specifying the date of termination; C. This Agreement shall automatically terminate without notice on December 31, 1990. 21. PROPERTY DISTRIBUTION Assets acquired in whole or in part with grant payments provided under this Agreement shall be the property of the City so long as said assets are used by the City for the purpose stated in Exhibit A. In the event the City discontinues use of the assets for said purpose, any remaining assets shall, at the County's discretion, either be returned to the County or sold, and the net proceeds of such sale returned to the County. 22. SEPARABILITY In the event any provision of this contract shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the contract to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 23. EQUAL EMPLOYMENT, NONDISCRIMINATION AND AFFIRMATIVE ACTION In connection with the work under this Agreement, the City agrees to comply with the applicable provisions of state and federal equal employment opportunity and nondiscrimination statutes and regulations. In addition, upon entering into this Agreement, the City certifies that it has been made fully aware of Scott County's Equal Employment Opportunity and Affirmative Action Policy, attached hereto and incorporated herein as Exhibit B through both oral and PAGE 5 f3 � written communications, that it supports this policy and that it will conduct its own employment practices in accordance therewith. Failure on the part of the City to conduct its own employment practices in accordance with County Policy may result in the withholding of all or part of regular payments by the County due under this Agreement unless or until the City complies with the County Policy, and/or suspension or termination of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF SHAKOPEE COUNTY OF SCOTT By: By: Mayor Richard E. Mertz, Chairman CITY OF SHAKOPEE SCOTT COUNTY Board of Commissioners ATTEST: By: By: City Admin. Joseph F. Ries, Co. Admin. Dated: By: City Clerk Dated: APPROVED AS TO FORM By: By: City Atty. James A. Terwedo Co. Atty. PAGE 6 3 .Q, Exhibit A City of Shakopee Plan for 1989/90 Surcharge Abatement Funds Introduction• The information provided in this document outlines the City of Shakopee's plan for abatement activities. These activities are to be funded, in part, by the surcharge monies collected by Scott County's landfill fee. The recycling program agreement, entered into by the City of Shakopee and Scott County, requires this report as Exhibit A. Proposed Expenditures In March of 1989, the City of Shakopee initiated a volume based refuse collection program in response to the enactment of the Scott County Solid Waste Disposal Ordinance. The City's refuse disposal program provided for the provision of a 65 gallon refuse cart and 20 gallon recycling cart to each household with the City's refuse collection service area. Refuse collection services were provided on the same day as recycling service. The City also implemented a separate yard waste collection program which utilized a pre-paid voucher system. Refuse collection rates in Shakopee increased approximately $1.90 per household as a result of the new program. Forty cents of the increase was attributed to the contractors provision of the recycling container. The actual acquisition cost of the containers by the contractor exceeded $30,000. The City of Shakopee proposes to utilize the $27,600 in grant proceeds received from Scott County to offset a portion of the Contractors expenditures associated with the acquisition of the recycling containers. On or before January 31, 1989 the City of Shakopee will make a one time payment to the City's refuse contractor in the amount of $27,600. The City of Shakopee will then be the actual owner of the recycling containers in Shakopee. This transfer of funds will result in a forty cent monthly reduction in refuse collection rates for residents utilizing the City's refuse collection program. During the remainder of the refuse collection contract, the contractor will be responsible for the replacement of any lost or damaged recycling containers. The contractor will also be responsible for providing recycling containers to any new households that elect to participate in the City's refuse/recycling program. 3cMEMCONSENT /3 (z- MEMO O TO: Dennis Kraft, city Administrator FROM: Janelle Szklarski, Planning Intern RE: Technology and Research Grant Application DATE: October 20, 1989 INTRODUCTION• On October 18, 1989, the Energy and Transportation Committee moved to recommend to City Council that the appropriate City officials be authorized to submit a grant application for funding assistance to the Metropolitan Council under the Solid Waste Abatement Grant Program to offset costs associated with educating Shakopee residents of impending yard waste legislation. BACKGROUND: The Technology and Research Grant Program is designed to provide eligible project sponsors with the opportunity and resources to research, develop, and implement strategies that address specific landfill abatement needs. Landfill abatement activities include recycling, waste reduction, yard waste composting, and other methods of reusing portions of the municipal solid waste stream. It requires 50% cash or in-kind matching funds, and has a maximum grant award of $150,000 per project. Landfill sites in the metro area are reaching their capacity. Compounding the problem is the fact that over 30% of the refuse disposed of in area landfills is composed of yard waste. Beginning January 1, 1990, depositing yard waste in area landfills will be prohibited. Because yard waste separation will now be mandatory, the City of Shakopee will be forced to intensify its marketing campaign to educate and inform the public of the need to separate yard waste from regular refuse. Currently Shakopee has a yard waste separation program in operation which requires residents to purchase extra service coupons for the disposal of their yard waste. One coupon is good for the disposal of three bags of yard waste. A new alternative, recyclable yard waste bags, was recently made available to residents. A 41 gallon recyclable yard waste bag can now be purchased for $.55. (This includes the cost of disposal. ) The City of Shakopee would like to encourage residents to utilize this new yard waste separation alternative. A demonstration project proposed for the spring of 1990 would accomplish this through the distribution of door hangers to residents which would explain the new legislation regarding yard waste and the new yard waste bags. Brochures would also be mailed to residents via the Shakopee utility bill. Included with the brochures would be a coupon which could be redeemed at city Hall for three free recycling bags and their disposal. Staff would also run a number C of newspaper advertisements and articles, along with a presentation to be aired on public access, to remind residents of the new legislation and the demonstration project. After the initial three free bags are used, residents would be able to purchase extra bags for the cost of disposal alone (three bags for $1.10) . In other words, they would receive three bags free when they purchased three disposals. This price was established in order to make the bags more comparable to the extra service coupons. Residents would be allowed to choose between the coupons and the bags during the initial phase of the project. By monitoring the number of bags used in comparison to the number of coupons used, staff would be able to determine which method of disposal residents are more receptive to, and therefore which method to continue in the fall. The new recyclable yard waste bag disposal alternative offers many benefits over the extra service coupons. First, they are more economical. During the proposed spring demonstration project, residents could purchase three yard waste bags for $1.10 (the cost of disposal alone) , or they could buy one extra service coupon, which would entitle them to have three bags of yard waste picked up. With the second option, residents must purchase bags separately. The yard waste bags hold 41 gallons each, while the average store-bought bag holds only 30 gallons. Second, the recyclable yard waste bags are more durable than most store-bought bags. Third, the yard waste bags are recyclable. Recycle Now, Inc. , the manufacturer of the recyclable bag, has agreed to buy back used bags from city's refuse/recycling contractor. The special demonstration price (3 bags for $1.10) would be offered only during the spring. In the fall of 1990, the price of the bags would increase to $.55 each to reflect their actual cost ($.16 for the cost of the bag, and $.39 for the cost of disposal. ) The funding requested from the Technology and Research grant would make it possible for the City of Shakopee to implement the demonstration project and to offer the reduced pricing structure during the spring. The primary goals of the demonstration project would be to educate and inform the public of the change in legislation regarding yard waste, and to remind them of the need to separate yard waste from regular refuse. The project also aims to encourage residents to use the new recyclable yard waste bags by offering free samples of them to the residents. Shown in attachment #1 is the proposed budget for the demonstration project. The total amount of the grant funds requested is $8141.00, and the subsequent in-kind matching funds would equate to $8191.00. Staff would like to point out that the majority of the funds specified in the grant will have to be expended by the City regardless of whether of not we receive the grant. Therefore, the j3C- Energy and Transportation Committee is recommending that the City submit a grant application to the Metropolitan Council in an effort to leverage City funds that will be expended. ALTERNATIVES• 1. Authorize the appropriate City officials to submit a grant application to the Metropolitan Council under the Solid Waste Abatement Grant Program. 2. Table action on this issue pending further information from staff. 3. Do not submit a grant application to the Metropolitan Council. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to authorize the appropriate City officials to submit a grant application to the Metropolitan Council under the Solid Waste Abatement Program. 1 CONSENT 'yam MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Amzak Cable, Midwest, Inc. Performance Bond DATE: October 30, 1989 INTRODUCTION• In accordance with the Shakopee Cable Franchise Ordinance, Amzak Cable, Midwest, Inc. is required to submit to the City of Shakopee a Performance Bond in the amount of $100,000.00. The Performance Bond submitted by Amzak Cable, Midwest, Inc. requires execution on the part of the appropriate city officials. BACKGROUND This past summer, the Shakopee City Council approved the sale and transfer of the Shakopee Cable Television system to Amzak Cable, Midwest, Inc. In accordance with Section 9.06 of the Shakopee Cable Franchise Ordinance, the cable company is required to submit a performance bond in the amount of $100,000.00 to the City of Shakopee. The performance bond provides the city with financial security and ensures that the cable company complies with all the terms and conditions as set forth in the cable franchise ordinance. Shown on attachment #1 is a copy of the performance bond submitted to the City of Shakopee. The performance bond has been reviewed and approved by our city attorney. Staff is requesting that the appropriate city officials be authorized to execute the performance bond as submitted by Amzak Cable, Midwest, Inc. in accordance with the cable franchise ordinance. ALTERNATIVES: 1. Authorize appropriate city officials to execute the performance bond agreement between Amzak Cable, Midwest, Inc. and the City of Shakopee. 2. Do not authorize the appropriate city officials to execute the performance bond as submitted by Amzak Cable, Midwest, Inc. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to authorize the appropriate city officials to execute the performance bond agreement as submitted by Amzak Cable, Midwest, Inc. in accordance with the cable franchise ordinance. �3 COMMERCIAL UNION INSURANCE oaaANs i CATV - FRANCHISE BOND BOND No. CM810002-15 KNOW ALL MEN BY THESE PRESENTS, That we MZM CABLE, MM EST, INC. i of Minnesota as Principal and Commercial Union Insurance Company, a Massachusetts i Corporation, authorized to transact business in the State of M•;,, r with an office at 1805 Highpoint Drive, Naperville, IL 60540 as Surety are held and firmly bound unto City of Shakopee, Shakopee City Aa11 129 East First Avenue, Shokapee, Minnesota 55379 in the penal sum of 100,000 (One Hundred Tlmsand and 00/100) DOLLARS, I good and lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, and our heirs, executors, administrators, jointly and severally, firmly by these presents. WITNESS our hands and seals this 7 day of Septentxe 19_8. i WHEREAS, the Obligee has granted a franchise to Principal to use the public streets and places within the municipality to transmit and distribute electrical impulses through an open line - coaxial antenna system for television receives located within said [,Tqy fF .gR*MPF.F. ' I NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall well and truly perform and carry out the covenants, terms and conditions of said Agreement and any extensions thereof, then this obligation to be void; otherwise to remain in full force and effect. SUBJECT, HOWEVER TO THE FOLLOWING CONDITIONS: 1 1. IT IS MUTUALLY UNDERSTOOD AND AGREED BETWEEN ALL PARTIES HERETO that if the Surety shall so elect, this bond may be cancelled by giving sixty (60) days' notice in writing to the said Obligee and this bond shall be deemed cancelled at the expiration of said thirty (30) days, the said Surety remaining liable for all or any act or acts covered by this bond, which may have been committed by the Principal up to the date of such cancellation, under the terms, conditions and provisions of this bond. PVWER OF ATTORNE, w uoderKheOlatvsALL of the Commonweahly OfEN BY THESE EMassachusnts.SENTS.that hand having its principal eCOMMERcIAL office INSURANCE the City of Boston. Massacoosms hath maC.�codisti rel<Asz�nd appointed.and doe:by there presents mate and constitute and appoint RODGER B. FULLER, LYDIA SPIROVSKI and LISA J. HERMANN all of Oak Brook Illinois and each of them is true and lawful All...q-in-Fats 1.make,execute,seal and deliver for and an is behalf as surely any and all bonds or undertakings and the execution of such bonds or undertakings in pursuance of there presents,shall be binding upon said Company as fully and amply.wall intents and anf Purposes, as i sock bonds were said Atm..d by the President.sealed with the corporate seal of the Company,and duly sweated by is Secretary.hereby ratifyi....d of the following resolutions adopted by the Board of Directors COMM IERCIA L UNION INSURANCis E COMPANY a am Ong duly called a6 nowdeand executed ...Or .and nd held on the twenty-seventh day of July. 1972: Resolved: Thai he President.or any Vice-President.or any Assistant Vice-President.may execute for and in behalf of the company any and all bonds recagnizances,contracts of indemnity,and all other writings obligatory in the nature thereof,the same to be.nested when necessary and the seal Of the company affixed thereto by the Secretary,or any Assistant Secretary:and that the President.or any Vice-President,or Assistant Via-President.may appoint and authorize an Aworney-m-Fact to execute on behalfof the company any and all such instruments and to affix the seal Of the continuity thereto, and that the President. or any Vitt-President, or any Assistant Via-President, may at any time remove, any such Attorney-in-Fact and revoke all power and authonty given to any such Attorney-in-Fact. Resolved: That Attorneys-in-Fact may be given full power and authority to execute for and in the name and on behalf ofthe company any and all bonds,rccognizanar,commas of indemnity,and all other writings obligatory in the nature thereof.and any such instrument executed by any such Attorney-m-Fact shall be as binding upon the company as if signed by the President and sealed and interned by the Secretary, and. further. Anorneysin-Fact arc hereby authorized to verify any affidavit required to be attached to bonds.recognwances,contracts of indemnity,and ail other writings obligatory in the nature thereof,and are also authorized and empowered to cenify to a copy ofany ofthe by-laws of the company as well as any resolution of the Directors having to do with the execution of bonds, raognrsances,contracts of indemnity, and all other writings obligatory, n the nature thereof,and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Auomeys-in-Fact. This power of attorney Y signed and scaled by facsimile under the authority of the following Resolution adopted by the Directors of the COMMERCIAL UNION INSURANCE COM PAN at a meeting duly called and held on the twenty-seventh day of July, 1972: 'Resolved: That the sign.....of the President,or any Vice-President,or any Assistant Vitt-President,and the signature of the Secretary o aan,OAn istantt Secrctary and ted Company Sul maybe affixed by facsimile to any power of attorney or to any certificate relating thereto appointing ey Factfor purposes only ofexecuting and attesting any bond.undertaking.recognizance or other written obligation in the nature thereolf, and any such signature and seal where so used,being herby adopted by the company as the original siga..retfsueh officer and the original seal ofthe company,to be valid and binding upon the company with the same force and effect as though manually affixed." IN WITNESS WHEREOF, the COMMERCIAL UNION INSURANCE COMPANY, has caused these presents to be signed by is Assistant Via-President and its corporate seal to he hcmo affixed,duly attested by is Secretary on this day of 19 t„r "ca" fifth April 89 i F" COMMERCIAL UNION INSURANCE COMPANY Dennis R.Smith—Secretary Robert J.Spencer—Assistant Vice-President COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK SS. 0.;%k fifth day Of April 1989, before me peno..11,came Robert 1,Spines,Assistant Vi—Pnnid,nt. and Dennis R.Smith,Secrem,ofthc COMMERCRvL UNION INSURANCE COMPANY,tome personally known to be the individuals and officers described in and who executed the preceding instrument,and they acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and sayeth,that the)an the said officers of the Company aforesaid,and thatthereal affixed to the preceding iatrument is the corporate seal afraid Company and that the said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. `^' % e i't4saaYx ,1 Edward W.Shay—Nmary Public AMY P� (Mr Commissum exports Augury 10. 1990) CERTIFICATE 1,the undersigned,Assistant Secretary of the COMMERCIAL UNION INSURANCE COMPANY,a Massachusetts Corporation,do hereby certify that the foregoing power of aticrney win full force and has not been revoked;and furthermore.that he Resolutions ofthe Bard of Directors set forth in the Power a attorney arc now in force. Signed and scaled at the City of Boston. Dated this day of 19 Coo-» Kms° Jan K.Geddes—Assistant Secretary tbl.Yta s,y CONSENT �b MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Engineer SUBJECT: Prior Lake - Spring Lake Watershed District DATE: October 30, 1989 INTRODUCTION: Staff is requesting Council authorization to execute the attached drainage and utility easement in conjunction with the Prior Lake - Spring Lake Watershed District Outlet Channel . BACKGROUND: The Prior Lake - Spring Lake Watershed District is in the process of making repairs to their outlet channel. These repairs were ordered by the arbitration panel and must be completed prior to the City of Shakopee accepting the channel. Two of the four sections of channel that need repairs have been completed. The other two sections cannot be completed until the Watershed District obtains additional easements from 3 separate property owners. The Watershed District has been negotiating these easements for approximately the last 6 months. The Watershed District has reached an agreement with two property owners and has in fact executed the appropriate easement documents with both of them. A copy of the executed easements are attached. These easements are with Mr. and Mrs. LuCast and Mr. Terry Hanson. Since this particular section of the channel is within the Shakopee Corporate limits and the channel will be turned over to the City once all of the repairs have been made, City of Shakopee officials must also sign the easement documents. Staff is requesting Council authorization to sign this easement. The Prior Lake - Spring Lake Watershed District is continuing to negotiate with the remaining property owner for the final easement. Once they have reached a settlement, staff will also request Council permission to execute that document. ALTERNATIVES: 1 . Authorize the appropriate City officials to execute the attached easement. 2 . Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: Move to authorize the appropriate City officials to execute the attached drainage and utility easements between the Prior Lake- Spring Lake Watershed District and the City of Shakopee and the two respective property owners, Mr. and Mrs. David LuCast and Mr. Terry Hanson. DH/pmp AGREEMENT DRAINAGE AND UTILITY EASEMENT BY THIS INDENTURE, the undersigned Grantors hereby grant to the PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT, a political sub- division of the State of Minnesota, and the CITY OF SHAKOPEE, a municipal corporation, and their successors and assigns (Grantees) , a non-exclusive perpetual drainage and utility ease- ment and right to construct, install, maintain, repair, use, enlarge, modify and service any and all improvements which may be from time to time made to or installed over, under and across the following described land (Easement Area) , to-wit: That part of the following described strip of land lying East of the west line of the East 591.75 feet of Section 14, Township 115, Range 22, Scott County, Minnesota: A strip of land 70.00 feet in width the centerline of which is described- as follows: Commencing at the ,Southwest corner of the Southwest quarter of the Northeast Quarter of said Section 14; thence North 00 degrees 10 minutes 28 seconds West (assumed bearing) along the West line of said Southwest quarter of the Northeast Quarter a distance of 512.69 feet; thence South 89 degrees So minutes 08 seconds East a distance of 2080.06 feet; thence North 00 degrees 10 minutes 31 seconds West a distance of 30. 90 feet to the point of beginning of the centerline to be described; thence South 00 degrees 10 minutes 31 seconds East a distance of 517 .96 feet; thence South 3 degrees 13 minutes 43 seconds East a distance of 267.84 feet; thence South 40 degrees 52 minutes 42 seconds West a distance of 41 .85 feet more or less to the w.•st line of the East 591 .75 feet of the Northeast 1 said Section 14 and there terminating.f the southeast Quarter of 1. This easement grant includes the right of reasonable access to the Easement Area and the right to remove therefrom any structures, trees, shrubbery or other objects or obstructions which in the Grantees-, opinion interferes with their facilities or the removal of which may be reasonably necessary for the construction or maintenance thereof. Grantees' right of access shall be over only the unimproved portion of adjoining land owned by the Grantors, and Grantees are obligated to restore any damage to Grantors' adjoining property caused by Grantees' use of this right of access. 2. Grantors reserve the right to enter upon and use the Easement Area for any purpose. However, the Grantors shall not excavate, fill, dump, drain, cultivate within or modify, damage or otherwise interfere with the use, maintenance or replacement of any improvements to or fixtures installed upon the Easement Area, or otherwise interfere with the intended use of the Easement Area by the Grantees. 3. This easement grant is non-exclusive. Grantors may grant additional easements to others, over, across, under and upon the Easement Area, but any subsequent grant shall not permit a use prohibited by Section 2. 4 . This easement grant is made subject to all existing ease- ments of .record. 5. All improvements and other facilities installed upon the Easement Area by the Grantees shall remain their exclusive pro- perty and may be removed at the sole option of the Grantees. 6 . Grantors further covenant with the Grantees that they are the owners of the Easement Area and have the right to sell and convey this Drainage Easement. 7. This indenture shall bind and inure to the benefit of the parties hereto and their respective heirs, representatives, suc- cessors and assigns. -Z- ZLESS •N!I '3Mril NOM 3lV81 NITMNVN3 OL991 MYl IV S1.3N8011V SIMI B 83'I130W]flH :Aq pegje3p sem gU8wn3;suT sTq,L OTTgnd d3e3ox •;Tegaq s}T uo 'uoT4e3od3Oo TeclTDTUnW a '3Hd xYH 3 x IO a ; ;o 'ei aATj39dsa3 - Pup eTj au} ,. � ;,,� PUe ; .�.:,�.y ( .,.: . ! dq '686T ' 30 ARP sTq; aw a3ojaq" pa6paTmou)(Op suA 6uTo60303 aqy ( SSOOS d0 ALNnOJ •ss( ay.LS Ml 9 Vel*3 X741 T qnd Aae}oN uNn 14035 QNOSN30'0 OIYNW •;Tegeq s;T u0 'egosauUTN go a}e;S PER 30 uOTsTATpgns TuDMTod a lioraisia a3HSH3SVm HxVa ONIHdS-HXV7 HOINd ay} 30 '6TaAT3oadsa3 'die}ajoas pup 3uapTsa3d 943 'sgeea sewer pup 63nquepTO uTn3eN Aq '606T ,8 go dep.;, /Z sTq; aw a3ogaq pa6polmouNoe sem 6uTo6eaoj aqy i W.' Neoo pl �f Cx3 01-Mliuo:.NY dAi\1000 A3..%t`•:U ! t - OTjgnd A3ej O[.t vNAS3N�NW. OnG tc.�::Yt(n\ k gyp T 1Va "O S-4Wr •gsR3na -M PTAea 30 a3Tm 'SjaTUea ePUXrI se umOUX ATSaw303 Pup '3spona 'a epuxa pxp ISVOna SgUINVU VaNxa Aq '686T '3ago3oo i 30 REP 4302 sTq; aw aaojaq pe6paTmouxoe sem 6UT069303 aqy ( 1103S d0 A.LN000 - SS ( (VSOSHNNIN d0 3d,VS,S SSI QNV saI xH 3Hd0XVHS do MIO AHVJ.3H03S StLI SSVOna SaHINVa VaNxa SN3QI 3lId Z VxV ISVJn'I 'a VaNxa XG aOlHasja a3Hs LYM ssYo& M ajnYa 3xMI ONIHdS-3"9 HOIHd SHH.LN'dH0 �SHOSNYHO '686T '$9ta6aV 90 dep q48 STgg UO d03HHH SSHNSIM Ni (l3SnO3x3 3acpagdas ' 906TOZ 3v8wn:)Op se 'V86T '6T Aew pap3ooa3 'V@61 '8 A3en3gad pegep ' •Te ja 'sewogy UUV sa0u233 *SA 'SIOUOT3T48d '40T33sTa pags3agem aXea 6uT3dS-exe'I 3OT3d aq} pup aadoXegS ;O XJT0 643 ;0 3944ew 943 UT 6Z -ON T003ed o} se UOT;euwapuoO uT 83e3T3T3380 TeuTd Aq sea4ue30 eqq Aq Pa3TnbOe ;uawasea aqq 3o; uOT;n;T}sgns ageTdwoo UT saa;ue3O aq; Aq pegdeooe PUP s304ve30 at(} Aq uanT6 sT 3u8w9se3 4TTT3n Pup 96euTe3a sTq,I '8 HUEMOELLER & BATES ATTORNEYS AT LAW POST OFFICE BOR 67 '"M FRANKLIN TRAIL PRIOR LIKE.MINNESOTA 55371 IAMES D.BATES BRYCE 0.HUEMOELLER Te 16111"12131Tel PKopPketlr 16111 H7 5618 October 31, 1989 Mr. Dennis Kraft Shakopee City Administrator 129 East First Avenue Shakopee, MN 55379 RE: Prior Lake-Spring Lake watershed District Easement for channel repairs on Hanson property Dear Mr. Kraft: I am' pleased to enclose a copy of a signed easement improve- ment agreement and original deed of easement on the Terry Hanson property. Please present the easement deed to the City Council for signature along with the Lucast deed sent to you earlier. ^ Yours James D. Bates JDB:bj CC: Donald O. Benson Kevin Larson DRAINAGE AND UTILITY EASEMENT BY THIS INDENTURE, the undersigned Grantor, TERRANCE W. HANSON, a single man, hereby grants to the PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT, a political subdivision of the State of Minnesota, and the CITY OF SHAKOPEE, a municipal corporation, and their successors and assigns (Grantees) , a non-exclusive perpet- ual drainage and utility easement and right to construct, install, maintain, repair, use, enlarge, modify and service any and all improvements which may be from time to time made to or _ installed over, under and across the following described land (Easement Area) , to-wit: That part of the following described strips of land lying west of the East 591 .75 feet of the Northeast Quarter of Section 14, Township 115, Range 22, Scott County, Minnesota: A strip of land 60.00 feet in width the centerline of which is described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Northeast Quarter of said Section 14; thence North 00 degrees 10 minutes 28 seconds West (assumed bearing) along the West line of said Southwest Quarter of the Northeast Quarter a distance of 512.69 feet to the point of beginning of the centerline to be described; thence South 89 degrees 50 minutes 08 seconds East a distance of 2080.06 feet to a point hereinafter referred to as point "A" , and there terminating. A strip of land 70.00 feet in width the centerline of which is described as follows: Beginning at the above referenced point "A-" ; thence South 00 degrees 10 minutes 31 seconds East a distance of 487 .96 feet; thence South 3 degrees 13 minutes 43 seconds East to the South line of said Northeast Quarter and there terminating. 1. This easement grant includes the right of reasonable access to the Easement Area and the right to remove therefrom any structures, trees, shrubbery or other objects or obstructions which in the Grantees' opinion interferes with their facilities or the removal of which may be reasonably necessary for the construction or maintenance thereof. Grantees' right of access shall be over only the unimproved portion of adjoining land owned by the Grantor, and Grantees are obligated to restore any damage to Grantor's adjoining property caused by Grantees' use of this right of access. 2. Grantor reserves the right to enter upon and use the Easement Area for any purpose. However, the"Grantor shall not excavate, fill, dump, drain, cultivate within or modify,: damage or otherwise interfere with the use, maintenance or replacement of any improvements to or fixtures installed upon the Easement Area, or otherwise interfere with the intended use of the Easement Area by the Grantees. 3 . This easement grant is non-exclusive. Grantor may grant additional easements to others, over, across, under and upon the Easement Area, but any subsequent grant shall not permit a use -- prohibited by_Section 2. 4. This easement grant is made subject to all existing ease- ments of record. 5. All improvements and other facilities installed upon the Easement Area by the Grantees shall remain their exclusive pro- perty and may be removed at the sole option of the Grantees. 6. Grantor further covenants with the Grantees that he is the owner of the Easement Area and has the right to sell and convey this Drainage Easement. 7 . This indenture shall bind and inure to the- benefit of the parties hereto and their respective heirs, representatives, suc- cessors and assigns. 8. This Drainage and Utility Easement is given by the Grantor and accepted by the Grantees in complete substitution Dfor the aseent rrainageeandmUtility uEasement ired by tdated he aJune s 17`;r 1982, d of recorded September 17 , 1982 as document 188726 . EXECUTED IN WITNESS HEREOF on this day of 1989. GRANTOR: GRANTEES: PRIOR LAKE-SPRING LAKE `-- WATER HED DISTRICT TERRANCE W. HANSON A BY °f IT PRESI ENT AND I SECRETARY -- CITY OF SHAKOPEE BY ITS AND ITS STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The foregoing was acknowledged before me this 2G� day of 1989, by TERRANCE W. N, stn e. BRUCE A. Ow�LANDE J ' uC 0LAN torso ary Pu Sc J HENNEPIN CO S \ i �, rcmmis un e.pi-$+s 6593 STATE OF MINNE )ss. COUNTY OF SCOTT ) - The foregoing was acknowledged before me this 27'�'day of QGTOQ�- 1989, by Marvin Oldenburg and James Laabs, the Pre si en and Secretary, respectively, of the PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT, a political subdivision of the State of Minnesota, on its behalf. RT: Notary FUDE1C STATE OF MINNESOTA) )ss . COUNTY OF SCOTT ) The foregoing was acknowledged before me this day of 1989, by _._.__ and the and respec�lvely, 0 CITY OF SHAKOPEE, a municipa corpora ion, on its behalf. - Notary Public This instrument was drafted by: HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN TRAIL - - PRIOR LAKE, MN. 55372 -2- CONSENT yc� MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Enginee�� SUBJECT: Lewis Street - Engineering Services DATE: November 1 , 1989 INTRODUCTION: Attached is a contract extension agreement with Orr-Schelen- Mayeron & Assoc. , Inc. to provide professional services for the City of Shakopee on the Lewis Street Project for Council consideration. BACKGROUND: Lewis Street from 4th Avenue to 10th Avenue is currently on the 1990 Capital Improvements Budget for reconstruction. On November 8, 1989 the staff will be requesting authorization to prepare a feasibility report on this project by resolution . It is anticipated that the feasibility report can be completed , presented to Council and a public hearing held , such that the project can be ordered prior to the end of 1989 • It is imperative to have the project ordered by the end of the year so that the design can be completed before the winter for the 1990 construction season. In order to complete the feasibility report, some preliminary surveys are needed to determine the project quantities. In addition, if the design is to take place during the winter, all of the field work necessary to complete the design should be done yet this fall. Therefore, staff is requesting that the City' s consultant, Orr-Schelen-Mayeron & Assoc. , Inc . , perform all of the surveying necessary to complete this project. Attached is a contract extension agreement with OSM to provide these services for a not-to-exceed fee of $7,200 .00. Due to current staff workloads, City staff would not be able to complete this surveying yet this fall. If the surveying is not completed this fall , it would result in delays in bidding the project and we would be faced with constructing a project late in 1990 , similar to the situation currently existing with 3rd Avenue . By utilizing the consultant to obtain field survey information in 1989, hopefully we can expedite the process and get the project under construction early in the 1990 construction season. The actual design of this project may or may not be done by City staff. As of now, staff is anticipating to design this project in-house, but depending on the number of projects planned in 1990 and the staff workloads over the winter , it may need to be designed by our consultant. If staff desires our consultant to design this project, a request will be brought before City Council with an authorization to sign an agreement with OSM to perform these design services at a set fee. ALTERNATIVES: 1 . Authorize staff to utilize Orr-Schelen-Mayeron & Assoc. , Inc . to perform surveying for the Lewis Street Project for a not-to-exceed figure of $7 ,200 .00 . 2 . Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: Move to authorize the appropriate City officials to execute the attached contract extension agreement with Orr-Schelen-Mayeron & Assoc . , Inc . for Professional Services associated the Lewis Street Project at a not-to-exceed figure of $7 ,200 .00 . DH/pmp OSM on �,,• Schede a.. ``'area nssm des,IM [021 Ent Hennepin Avenue Mmneup.hs,MN 55.13 n12-331 86n0 FAX 331 180b Engineer October 31, 1989 5urveyur Planners City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 Attn: Mr. David Hutton, P.E. City Engineer RE: Contract Extension Agreement Preliminary Survey for 1990 Project for Lewis Street Dear Mr. Hutton: As per our Agreement for Professional Services with the City of Shakopee, Section 1-A - 3-b (Major Projects) , this extension agreement is for the referenced projects. Orr-Schelen-Mayeron and Associates, Inc. agrees to accomplish the attached Scope of Services for a fee not-to-exceed $7,200. The City of Shakopee agrees to reimburse OSM for these services in accordance with Section IV of the Agreement for Professional Services. If this proposal meets with your approval , please sign below and return one copy to our office. We look forward to working with you on this project. Yours very truly, ORR-SCHELEN-MAYERON CITY OF SHAKOPEE 8 ASSOCIATES, INC. D. Edward A�'. Delores M. Lebens, Mayor Associate Dennis Kraft, City Administrator WJohn Badalich, P.E. Judith S. Cox, City Clerk esident Attachment ENGINEERING SERVICES FOR PRELIMINARY SURVEY FOR 1990 PROJECTS FOR THE CITY OF SHAKOPEE, MINNESOTA SCOPE OF SERVICES PROJECT A. Lewis Street from 4th Avenue to 10th Avenue B. Sommerville Street between Shakopee Avenue and 10th Avenue C. Survey to include full topography and _cross-section for new street construction. 1. Use right-of-way centerline for alignment. 2. Set centerline and profile. 3. Locate City utilities. a. Check manhole top of casting and invert elevations. b. Check catch basin top of casting and invert elevations. 4. Locate small utilities and tie into survey. 5. Minimum 100 foot profile on centerline and curb and gutter at all intersecting streets except 4th Avenue project. 6. Cross-sections at 100 intervals plus driveways and perpendicular sidewalks. Estimate seven (7) days of 3-man survey crew plus note reduction, research and administration . . . . . . . . . . . . . . . . . $7,200 MEMO TO: Dennis Kraft, City Administrator °° �/ FROM: Dave Hutton, City Engineer SUBJECT: Municipal State Aid System DATE: November 2 , 1989 INTRODUCTION: Staff would like Council direction on which municipal state aid street should receive the highest priority for the 1990 construction season. In addition, staff would like to update Council on some recent developments regarding Vierling Drive, from County Road 79 to C.R. 15. BACKGROUND: Several weeks ago the City Council of Shakopee discussed the Capital Improvements Program and arrived at a consensus for projects that should receive priority for the 1990 construction season. At that discussion, it was pointed out that the City would need to do a state aid project next year or be faced with losing our funding. It was the consensus of the City Council that Vierling Drive between C. R. 17 and C.R. 79 would be the highest priority state aid project and therefore should be included in the 1990 construction period. The portion of Vierling Drive between C.R. 17 and C. R. 15 has never been designated as part of the Municipal State Aid System. Based on Council' s discussion regarding the 1990 projects, staff submitted a request to the State Department of Transportation to add this section of Vierling Drive to our Municipal State Aid System. Before any construction can be done on Vierling Drive, it must be first be added to the system. Vierling Drive, between C.R. 16 and C.R. 17 and Vierling Drive between C.R. 15 and T. H. 169 have already been designated as an MSAS street. A state aid street must begin and terminate at either another municipal state aid street, a County state aid highway or a state trunk highway. Therefore, staff requested that this section of Vierling Drive between C.R. 15 and C.R. 17 be added to the State Aid System in order to complete the state aid status of Vierling Drive. Staff has received a verbal response from the State Department of Transportation indicating that they cannot approve of our request to add this section of Vierling Drive to the Municipal State Aid System. The reason for this is because our request includes a section of Vierling Drive between C.R. 77 and C.R. 15 which is currently outside the Corporate Limits. The State will not allow a municipal state aid street to be designated outside the City limits. The State also indicated that since C.R. 77 and C.R. 79 are not on the County State Aid Highway System , we cannot 14 a- designate Vierling Drive between C. R. 17 and C.R. 79 on the State Aid System either. Without this section of Vierling Drive being on the state aid system, the City cannot use state aid funds to construct any portion of it. There appears to be several options if the City desires to construct any future extensions of Vierling Drive, as follows: 1 . Commence the annexation procedures for the area of Jackson Township between C.R. 15 and C.R. 77 that would be needed to construct Vierling Drive through this area. 2. Attempt to get either C.R. 77 or C.R. 79 on the County State Aid Highway System. Because the County does not have any excess mileage to designate state aid highways, the County would have to undesignate an existing state aid highway in order to designate one of these two routes. The County Highway Engineer has been contacted and he has indicated that they do not feel this would be a possibility because they do not have any excess highways that can be undesignated and in addition they do not feel a County State Aid Highway is needed between C.R. 15 and C.R. 17. 3 . Enter into discussions with the County whereby the City would take over either C.R. 77 or C. R. 79 and then designate either one of those as a municipal state aid street. Staff does not feel that the City should take over either one of these highways. 4. Construct all future extensions of Vierling Drive without use of state aid funds. Based on the above recommendations, staff feels that the most reasonable solution to this issue would be for the City to commence annexation proceedings for the section of land between C.R. 15 and C.R. 17. Staff would like Council to discuss these alternatives and provide staff with the appropriate direction. In any event, no matter which alternative is selected it appears that Vierling Drive between C. R. 79 and C. R. 17 cannot be constructed in 1990 using state aid funds. The State Aid System is set up such that municipalities must spend their money within certain allotted time frames . Municipalities are not allowed to "bank" their funds for any substantial length of time without suffering severe penalties. If a municipality ' s fund balance exceeds twice their annual allotment, a penalty of 2 times the allotment will be deducted from the fund balance the first year, and increased annually to 3, 4, 5 , etc. � t � The City of Shakopee did not do a State Aid Project in 1989. In 1988, Pierling Drive was constructed, which reduced our fund balance sufficiently to avoid penalties. The current fund balance for Shakopee as of September 1 , 1989 is $495 ,000 . Our estimated apportionment for 1990 is around $370 ,000 , which is slightly higher than the $360 ,000 received in ! 1989 . The total fund balance once we receive our 1990 funds (January 1st) will be approximately $865 ,000. As stated previously, the allowable balance is 2 times our annual allotment, not including the current year ' s allotment. Using this formula, our allowable balance is $740 ,000. Since our fund balance minus the currently year' s allotment, will be $495 ,000 we '.. do not necessarily need to construct a State Aid Project in 1990 . We will definitely need to construct one by 1991 or suffer severe penalties. Since it sometimes takes over a year to design and receive approval of the plans for a State Aid Project, staff feels that the legal process necessary to order a project should be started soon. The purpose of this memo is to discuss the various State Aid Projects available and to arrive at a consensus as to the priority of those projects. The following is a summation of the state aid routes most in need of construction, the majority of which are currently in the 5- Year Capital Improvements Plan. ➢ierlina Drive - C.H. 17 to C.H. 79 This project consists of constructing a new street from C.R. 17 to C.R. 79. Because of the development that is occurring in this area, this street will be needed within the next several years. Unfortunately, as stated in the previous discussion, this street cannot be constructed unless the City resolves these issues associated with designating this street. Cost Estimate = $700,000 Adams Street. 6th Ave. to 3rd Ave. This street is currently a high maintenance gravel road. The project consists of paving the street and installing curb and gutter. A feasibility report has already been ordered on this project. Cost Estimate = $200 ,000 McKenna Road This road is currently a rural , gravel road. The project would consist of adding pavement. Because of the large land owners in the vicinity, it would be difficult to assess any of this project. The south half of this road (within Prior Lake) was paved in 1989 by the Indian reservation, so there may be increased pressure from the adjoining landowners in the area to pave the remainder. Staff has already received requests to upgrade our portion of this street. Cost Estimate = $150 ,000 Viking Steel Road - From 4th Ave to Hwy. 101 This is a gravel street on substandard right-of-way. The project consists of upgrading this street to current state aid standards. Additional right-of-way will be needed. The City acquired the street in 1984 by condemnation , but since there is little development in the area, it has never been upgraded. Additional right-of-way is needed to construct this project. Cost Estimate = $250 ,000 Apgar St. - 1st to 6th Ave. Total street reconstruction. The issue of whether or not the railroad crossing should be abandoned has delayed this project. The street is beyond its service life and is in serious need of reconstruction. Cost Estimate = $350 ,000 Market St - #th to 10th Ave. Total Street Reconstruction. Cost Estimate = $500 ,000 Spencer St. - 13t to 3rd Total Street Reconstruction. Cost Estimate = $200 ,000 Vierling Drive Other sections of Vierling Drive between C.R. 79 and C.R. 15 will need to be constructed as development occurs, but all of these street sections are probably beyond the current 5 year plan and therefore a lower priority for programming . The issue of designating these streets will also need to be addressed. 1� Remaining State Aid Streets All remaining state aid routes would be of a lower priority than those listed above due to the existing street conditions being sufficient for the time being. RECOMMENDATION: Adams Street is currently a high maintenance road and is in need of upgrading. A feasibility report has already been ordered. It was proposed to do this street in 1990 in conjunction with the County upgrading C.R. 15. The County has now postponed upgrading C.R. 15 until 1993 , so the urgency to do Adams Street has also diminished . The City could still upgrade Adams Street independent of the County in 1990 , though. McKenna Road and Viking Steel Road are two roads that should be upgraded to state aid standards eventually, but to date there has been little development pressure to do so. Apgar Street is in need of reconstruction but the issue of the railroad crossing has delayed this project. This street should be reconstructed within the next several years, though. Market and Spencer Streets are reconstructions and will also need to be done eventually, but there is still some useful life left in these streets. Staff recommends Adams Street as the top priority for 1990 construction followed by McKenna Road , Viking Steel Road and Apgar Street. If Council concurs, staff should be directed to prepare the associated resolutions ordering feasibility reports. Since Adams Street is already started, staff feels that one more state aid street could possibly be done in 1990. Another option would be to simply do Adams Street and save the remaining funds in anticipation of doing Vierling Drive in 1991 . ACTION REQUESTED: 1 . Direct the appropriate City staff to investigate the possibility of annexing a portion of Jackson Township between C.R. 77 and C.R. 15 and report back to Council on the findings. 2. Discuss the various state aid projects and direct staff to take the appropriate action. DH/pmp MEM3139 W W W W W W W W W 0 0 o u o 0 7` O O 0 F F N N N S /f" • • p W • p • P W • O • • O • • m • W x O Z y O t O O +� n y y \ \ \ \ \ \ \ \ \ \ \ Y O O O O m m m W 9 m m tl m m m m m m m m m m a a 0 c Y NN y WW WW 00 WW NN qW NN OIW 00 00 00 WW AA PP NN mm 00 W00 mm NN m NN 00 WW NN 00 00 00 mm NN NN NN rTi 0O O 0 O l0 W W � m m N A 3 D P a m A L ➢ y Z O Z D A E r C O ➢ C y < 2 D y N Z O S N T 9 O y 0 9 y y N T S 2 y A O $ 2 O N O G O y 0 O Y Y T S r � y y T A 1 C C Y A Z n O N y D N AT D N P H p 3 O G G y y O y C 9 O „ y y N O y Z N N N A N W W W N N W W C W W 1- tl W J Z O O O N O O O N N O O y W P O ry W J N G A N ti 0m N N A W W r N A p m N W 0 % W 3 N D D m m n n n n n n n ro n x s x x x s x x s s M y y N N y y N N y N WW WW W W WW W W 0000 NUN 0O N O N NN O U N O m NNNN NN N N S m JJV PP A p n mmmm . Www . ww . w . m • P . mm . m • r m s n 2 Y O � O � D y \\\\ \\\ \\ \ \ \ \\ \ \ \ m S 0000 000 00 O O O 00 O O O D rrrr rrr rr r r r rr r r r x 9 moon nmm mm m m m mm m m m m a c z a�rr mpr NN Y pNr a. mm NN ONWmO PNmN Pmm pp POa 00 NN OPnmP JOJm PWW 00 JJ WNr 00 00 00 WAWmm pONm PNN 00 VJ UU 000 00 00 00 Oma on Q2 4 wr O 0 O Y_Y_Y_Y DD £ A NN G G O MHN CC D YY n 00 0999 yNN mm O A 3 a A T D YY x a i z sss ssa a mm c n o 9999 00 O O r NN Y 2 A DbDD DDD rr Z YY Y WW D 2 O_ Z n_ YYYY YYY N O h 00 n a N N n noon O y __ m x O on G A y Y mWNN YYN YY 9 A 1 n A CW 4r'CC c O a m 99 z O G<9 GG Y O Y TT a O < T ; 3Dmm rrm rr T 9 N Ny r P N m M=NN WWN PP AA A m y « 0 O < O 2Y NN NN 2 N 2 A Y CC CC Y C p WW WW W O 9 rr NN „ f Y yN hN y Y YY Y 2 0000 rO0 00 O O O m0 O O O D rrr N r rr r P.- n NN WW � W W C W m r Z NO00 000 00 O O 00 O O O Y PWPN mNN PP P W Jr r P 2 IJYN" pr N O NrNN mNN NN r P r rr r r A r A W N 2 A N y N A W A r N O J O O J R tl 3 N D � m s x x x s n s 0 s m N N N N N N y N W W W WW W WWWWWW W W WW 0 0 0 0 00 0 000000 0 0 0o n N N N N N NNNNNN N NN S W W W NNNNNN N m m O N A 0000mm 0 m mm O a p W • N • J • m0 x V • NNNNNN • N p a 00 a x O O < O o r Y Y Y Y YY Y YYYYYY Y Y YY n Y Y Y Y YY Y YYYYYY Y Y YY 1 N O � O O 00 O 000000 O O OF D \ \ \ \ \\ \ \\\\\\ \ \ \\ O mmmm 0 0 m b om o ommmmm O m 0m D 0 O AYN C 2 OmN NmYmJYN pYN y NN NN 000 mm 00 Vp 000 AA VPmOmmN tlm JbOm 00 00 mm 000 NYONm00 0 N 000 00 00 YY NN 000 Wm oWOAo00 WW 00 000 00 s rrrrrro n � mm s a 0 A o0 0 H m m NN m WWNNNW m mm m z c i m o 00 0 O 9 zz m 0 9r A s O mm q m N zs 0 A y m y'y C O 9 T 0 D O NN S < y-I 0 A 9A A O « NN O f y y A O 0 y 0 99 T 99AA99 Z N 00 Y C O T .9A a mmmmam O C CC y m z m O 00 C zOzz00 N T 0 -I9 yyrr p 9 NN 3 Y N NN r P P 2 3 Nm 9 N NN Y PP m O ➢ TT 'S m TT T N N m A9 D A m N NN N C O Z GG G « CC p m 3 y Z r mW N S y AO 9 A A y m 99 O 9 yy 2 y O O O O NN O JJ0000 Y O o0 D mN WWYYYY A 0 p A W A �� P PPPPAA N P A� O W W N W mYmm W'- Y C b 0 W YY N mm 2 O Y O 00 N 000000 N O N P WWNNNN A N O NO Y tir P WWNNNN p N mY Z V N N m P tlbmmmm mmmmbm mm R NNNNNN 000000 � 9 0 0 J it m 3 N D D m m O O O A O n O O O s s s s s s s s s W N N N N N N N N N W W W WWWWW W W 0 0 0 0 0 0 0 00000 u o o n m N N N N N U NNN N N N 2 A P A P A P P FAAAP W W m W x W x m • N x O • J • h x NNNNN • W N • O A � Z Y O < O O T D Y N O O O O O O O 00000 O O O � m ® m tl m m m nnnmm m m m a 3 0 WtlNmA C_ WW rAWANH NN Y AP NN WONNOW WW tlb mm WW NN Ntl m�-mm 00 00 00 m0"mNW 00 bw 00 00 rrWm NN NN 00 00 WWF-ONV vJ mb 00 00000 z Z _3 2 D O O a Y E NNNNN T 9 0 Om Y 0 A O 33333 O < 0 2 2 m y � O O PPPPP E z O 2 T 2 T ➢ O T A D D DDDDD < O y N N A NNNNN A r m N m T. pNp NpNp pNpN {l GI Y m O O 2 Z O O OOOOO A m y Y m A m O W m Y y y 9TTT C C m O O Q A C C T AA Y Y Q Y C 2 O C a A 9 00000 M C m T p rx G 9 ry 3 T T m ➢ r P 3 r O N NNNNN Y Y T O O 2 3 G<GGG y y 0 Z S Y i U D z Y O Y C Y Y O m 9 N y y o Y Z 0 0 0 0 0 0 o mmuw� 0 0 0 N � P A � N A APPPp P A N O N N N WWWWW W W C_ W O O O O 00000 O O N Y A rOr W A A W PPppA P P W N N w P N N W �-♦p..n.f. N N N Y G N � O J x tl 3 m 9 N D N O a m P n n n n n n n o P1 s s s N s H s s s N N N y y y y p WW W WW O 00 0000 O 00 O 00 00 O O O U NN NNNN N NN NN NN N N i U NN NNNN U NN N UN NN N p , p WW WWWW N NN 00 O O p s W W • 0000 • J • pP • 0 • pm • qq V a O r JC O 2 ti O � O O 9 -a N \ \\00 0000 000 \ \\00 \ \\ \\ \ 2 O O O 00 00 O O T P x 9 W 00 f000M W 00 O W W 00 N 0 D 3 NY O G_ NN PW NN NtOJ 1 WW UOWWW VOV WW JNY ONN NN 00000 AA NYW Nf0 O1A NU AA 000 ..000 NN NNW OIW OWO NWW 00 60 PP 000 00000 WW ONN UN NM. OOO PP PP U 0m NNNN N NW N NN WNN 3 3 DD C titi ti 99 00 2 ➢ T as 00009 mm as CC D a D a.9 2222 T T NN . 0 M r <t NNNN D OO_ D_ 00 z1EE 9 < T H W W 0000 3 _ WNm 2 2 yy T TT 0 1. '0 a A 90.00p NN N 00 1 T.T. CCCC 0 WU 0 p �wwH D m mm 0 00 m a m 00 Ca P A O1111 O CGCG T DD D a O 22 y C O ' N 1 m T 11 NNNN U W W 9 99 9 T 1 a Q CCCC 9 CC aA MM 0 1 C DD 9999 99 O 00 CD T 9999 9 99 T ZZ I Z Y fm rl�r� r f H N NN 11 9 r T 9 `�Y�m m mm T mm PP 3 Pp NNNN N NN < <G 9 rDi p 9 Z NN CC Z N 1 CC TW 1 W 9 dd MM 1 NN 1 O 11 2 O 10 0000 O 00 O NN 00 O O WN O YNN Y YY YY NN W y 00 0000 O 00 O 00 00 N O AV NPWN Y Y NJ YN W O NY rN W NO NYWY r WY YY N 2 N PJ N N Y YN Y < 0W N OV x Yq Y W 9 O Y O J Y W 3 m 9 N D D m m n n n n n x s s s s s s s s W U W N N N N U N N W W WWW W W WW W W W W Y O -0 0000 O O O O 00 O O NN O O m U yUUN N N U U NU N U N i • m mmWW W W U N NU U N UU N m O O UYY m O mm J JJ • P O O • YY • • O • m r Y 00 r m W W N JC N O < O O r 0 .0 m x 0 0 0000 0 0 0 0 00 0 0 00 o a 9 \ \ \m\\\ \ \m \ mm \ m Wp \ 9 m m mmmm m m m m mm m m mm m m m a x 0 WW c z W UN ti pp NN mNOmW AA WW NN WWO JJ Wm WW NN NN UN ONN 00 UU WnUw. 00 UN 00 Amm OO 000 PP 00 00 00000 00 mm 00 YY 000 00 00 000 UN D 4 NNNN G W < C CC C C CC N z m 0000 s 9 n HM z zz z Z O 0000 z m m W a D SSSS W w GG 9 O y r yyyy O 0 C 1x 08 �1 NA 99 O < D' r O < N x O WW Z Z T S r x r ~ y -1 -i-1 p O N O T D N O titi Z �s O A O O z 2 N x DD y OO !' S O < W x 3 m y N 2 NN 9 xx O S Z O 22 O 9 0 9 < << o v m y ti 9 0 W woo. C H W -i W W y 00 y w C CCC -1 9 T rr C O 00 C ti O Ovvv D O 00 9 0 zz 9 T T L) W999 r < W 00 D m 9 D m D Dmmm ~ ➢ O ➢ T m PA m wNNN T A Z N no N y 3 ? 2 N z m z2 00 O D ti ti N 4 -�ti ix A ~ W 00 00 yy N Q O O 0000 O O O 00 O O 00 O D P 0 Y Y YYYM Y Y Y YY Y '- YY Y O N N p H A AA N p N O W W NN WW C 0 0000` 0 0 0 .N.. 00 0 0 00 0 z m >a m m> o z N NAN p N NY N N NN A O P N Y NNAN A N m N NY W N NN p w N p Z PP O P Ao ma x Wm o 0 x m x m 9 N a N LJ a m 0 n n o n n n n m s z s s s H s N N N y N y W W W W W W W W W W W W W W W W O O O O O O O O O N O N O O O N O O O O N m W N W U U N U N S p m m m N N N N O m m J W N A W N Y O N p S O Z ti O < O O �1 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ m W a o r o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a m y m m m m m m m m m m m m m m n m m m m m a c rr a NN WWW �W WW NN m NN NN mm NN OF mm WW YY NNN ~ N W 00 00 NN WW NN Pp NN mm 00 O mm 00 00 WW 00 00 WN WW 00 JJ VV 00 Om mF rr Np O 00 00 00 00 00 00 mm N W W YY 00 00 00 00 00 Y N i i • • • i • • i i • • i i • • • i m ; O O O O O m W a z m O z 2 D T O D A D ➢ D O O T T w W O S a S = = Z S S O O ti C C A 2 T G O Q A A Z m r r O T T y A 0 A T W O ti C T 0 D r E C O O O O D A ➢ 2 9 N m m O m O O T N D r A N S 9 S 2 N S O ti 0 c 2 8 N O 2 a 0 T C y m y O 0 O 9 S 9 T N m ; N O 9 2 O A r O O O O O < N ti m -i o m O m m W o 0 W o W m N N z m p 9 m O r O O O c O O 9 c c c O c y D C C C O Z C C 9 2 C 9 T 9 C 9 D P v v w P P v w P w v w n m P U NC 2 2 CmU 2 2a-f OU OU OW mU 2-i O 2 2 2 S 2 Z O O m O U D m a r W N N N N 9 O H ti y Z 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 o D r r r r Y r Y Y Y r Y Y Y Y r r r r 00 A P P P A P P P A P A P P A P A P P a O W N N N W N N N W N W N N N C W W W m W W m W W m m W m A Z A A P A 0 2 P N p N p N P O A a w u a m u u w u n w w n m Y A N W p m W N Y Y N Y A Y N W P Y N Z G W N W 9 a N v N o 0 R m ; m 9 N D N O a m W w w u N m N N Y S O A W N Z < O < O D T � Y Y Y Y m y 0 0 0 o a m a 0 z W yWyWWY mm mn WW Y ti N WyWO PY mm WW 00 A OOWWyyy0�1 00 W0 00 y YOWmmYOmN Wm 00 00 O N WOPOWYOWm 00 00 mm 00 O O ti ti y O TTTTTTTTT E O m O ti CC_C_C_CCCCC_ O_ S_ ti D Z 2222 -1 G 0 r 000000000 ti O \, _ W NNNYYO N rp ti D O WY®myWyPY S £ D G A A O 000000000 O m H m H-I�1-I-4ti-1<-i ti O I'I�rrrl'r'r'r' N 9 D A S OI D y y A y m z o W ti m yyYY0y2ti0 S y y O A ymmOA09Am A C C m �1 ATmmDyD=m O 9 9 y 3 ;ANADm ryrD y r P O AC90mr ~r m y y y y ➢ZOO K T G C O ..00mn c W a 'i.vm o n c C �1ry �1 Z y 0 y OT 2A O -1 4 O 0 0 o D 0 n A A A A O W N W C W Z q Z N O s m y Y W N z A O P y R O O V R m 3 y D y y O � m y� m m W P? w Yo�� rw�w 0190000000 N m ro mw 9? �p w w c z F F F F FtF F W FFFFFFFFF F F F FF N N N F F F Y H W W �O N N cf S W N N FW' FOP O Np r . . . N Y FN' Y W W N pp p p N p N N �p �O 1N�O 8 0 0 0 0 0 0 O O IN r r N FN+ r r r r x 0 0 0 0 0 0 0 0 1 � O 0 0 0 0 000000 0 o r � •F W-ifwi-� r c 0 8 88 8 8 00 00 � Fv 0 0 0 0 O O NV� r NNrV�-1W r 0 .� W N W W WWW m ^1 000000000N W m Wm m m m W r 0 n r r r r r r r r w r r r r r r r r r �W r r r r F F F r w r K rr r r r r r r r r r r r r r r r r r r r r r r r r r r r 0 0 0 0 000 0 0 000000000 0 0 0 00 0 0 0 0 0 0 a H r r r r r r r r r r r r r r r r r r r r r r r r r r r r n 0 0 0 0 000 0 0 000000000 0 0 0 00 0 0 0 0 0 0 ro a n in � I w w vl w N N F NF vl m O N 0 ^1 C O\ �O O � �O r7l F r IV. 1;11 . VI-tel r . N N N N �O -:1 ' �n O F O r w a\ O 0 m F ,v FOw O m O �O O O D\ O o � O m� m 0 m N " M 0 0 0 vl O m W O S n n a o xl xl ?1 11 9 w w z N = = M = _ _ _ H W M b MM = 0 M 0 M ,N z N 2 m N N N N N N Y N I m N N m N & C o 3 3 3 3 I� 3 O 3 S K Y Y Y Y Y Y r ry () N 1 Y Y Y Y Y N M ol �K ro O K 09 [if M M N N 3 9 N N M nay y N y H y H N 'K W v K K N w n 70 �I n O r K S ^ 9 '30 N N W W 7 W W W W W W W W W WWW W W W W W W W W W W W W W W W W W f"1 I� r r r r r r r r r r r r r r r r r p ry r r r r r r r r r r r N 0 r WWW N 0 00000000 m mm F W N r 0 O [ro o 'w3 ZR 0 .� [ro[d� 0p o ro m m o o m Sl M (A H K 3 H 71 3 K < K O Q 3 m O O M F N N fY N .T O KO 0 n a H 0ow °m r 8 a O O N G 7 R b Y .T 7 N y r r m m a w n m N K cr H O W F b r O N 3 m t r F W - ZO VI N O\ rW W W N N F N 0 D\ OFi O Vii r m N NW N N 0 0 H p� O N O 0 0 0 0 m 0 0 8 rW N F 0 Y Y t F O Z W W W W W W 0 0 N N N N . rn 0 0 0 0 K o H 0 0 0 o n Y Y 0 0 0 0 O O O O O V ODpN N Y O '1 m F r W N W r C h Z 1 1 1 1 ro1 1 Oyy o o w p p w O n O@ K O H O 030 M a 7 E O Y r r r r r Now N H O O Y 0 0 0 n ^1 m m 0 0 0 0 0 0 n H r0 ^ml G � ro m wee m �a n � m C Y7 F' r0 3 c'c. 0808 or o 0 n s co 0 N F �O N N tl0 Z 18 &� wOqMy0 0 0 0 F O O� o S ? 7 5 W v O O w < W m m m y 0 1 1 1 1 m rW � w O r H w o p F 0 n m a r r Y Y r r 7C p w w y H r 0 rn rn N o p z 0 oz m o 0 o m < m a m a 8^ m o S n r C N N 3 14 K n n r Y O F N H O m O 5 ro m o e m m K � m a C F � D\ 3 �O r �o .oma 0 0 0 0 0 O Y 0 0 0 0 0 Q z . F N N FF r+ y m N O O r W 9, N N O N �> S $ S �8 : U S S S Co ^t W W ] m Y r O W n F Y Y G Y F r ry D YY Y Y Y 0 0 0 00 a a m yo 0 0 0 00 n HH N a�+ > E N W rb 0 r r w y '•J ry F G p {p Y 3 Y r N w� O Wr c' W S O 00 m W ib c� n � n YZfY a p W -:4 N W G v M\ R n O F N IN W O W O W W DC m a m a 1+ m 'y 0 Y T 3 K m m n I w w w ww n it Y Y r Y Y F a 0 z M o n m N w O G O 3 ✓ W y m m M m c~h C O 7 W m3 m Fm+ m R a n x � 3 Y r+ Y Y F N W V N N F w w Y o -4 r M o w ww 0 0 0 G'7 SENT ILI MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Lease Agreement Between Scottland Inc. and the City of Shakopee for the Police Shooting Range DATE: November 1, 1989 INTRODUCTION• The lease agreement between the City and Scottland Corporation for the police shooting range expired on January 1, 1989. This lease needs to be renewed. BACKGROUND• The City has leased land from Scottland and the North American Life and Casualty Corporation for the purposes of a site for a police shooting range. The lease, which costs the City $1. 00 and other good and valuable consideration represents very reasonable price for a City shooting range. The lease described in this memo is for a period not to exceed 5 years. Either party can terminate the lease upon 60 days written notice. This lease also requires the City to remove all waste materials and debris, including ammunition cartridges and spent bullets. RECOMMENDATION- It is recommended that the City Council approve entering into an agreement with Scottland, Inc. and the North American Life and Casualty Company for a 5 year lease on the police shooting range. ALTERNATIVES• 1. Approve the lease as submitted. 2. Disapprove the lease. ACTION REOUESTED: Move to approve entering into a 5 year lease with Scottland, Inc. and the North American Life and Casualty Company for a period of five years starting January 7, 1989 for an amount of $1. 00 and other good and valuable considerations. IR VALLEY INDUSTRIAL REALTY October 26, 1989 Mr. John DuBois Acting Chief of Police for the City of Shakopee 476 Gorman Street Shakopee, MN 55379 RE: Police Shooting Range Lease Dear John: Enclosed are three copies of a new lease agreement authorized by the owners of the land that you presently utilize for your shooting range. We are forwarding these to you for the appropriate processing through the City government to accommodate the signature requirements of the Mayor, the City Administrator and the City Clerk. After you have received their authorization on this agreement, please return two fully authorized copies to me and retain one for the City file. If you have any questions, please call. We welcome the opportunity of being able to continue to accommodate the City of Shakopee in their shooting range requirements. nelc�tfully, R.binson Broker/Management 1244 Canterbury Rd.,P.O.Boz 509,Shakopee,MN 55379•Bus.:612-445-3242 Res.:612-472-7925 LEASE AGREEMENT By and Between Scottland Inc. and North American Life and Casualty Company and The City of Shakopee (Shooting Range) THIS LEASE is made as of January 7, 1989, by and between Scottland Inc. , a Minnesota corporation, and North American Life and Casualty Company, a Minnesota corporation, Lessor, and the City of Shakopee, a Minnesota municipal corporation, Lessee. WITNESSETH, that the Lessor, in consideration of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby demise, lease and let unto Lessee, and the Lessee does hereby hire and take from the Lessor, for purposes of use as a police shooting range, the following described Premises: That part of the Southwest Quarter of the Southeast "Quarter of Section 9, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at a point on the west line of said Southwest Quarter of the Southeast Quarter distant 528.00 feet north of the southwest corner; thence easterly parallel with the south line of said Southwest Quarter of the Southeast Quarter a distance of 180.00 feet; thence south parallel with said west line a distance of 325.00 feet; thence west parallel with said south line a distance of 180.00 feet to said west line; thence north along said west line to the point of beginning; To have and to hold for a term not to exceed five years from date hereof, unless earlier terminated by either party upon sixty (60) days written notice. The Lessee covenants and agrees with the Lessor not to assign this Lease or underlet the Premises or any part thereof without first obtaining the written consent of the Lessor, and that at the expiration of this Lease or prior termination thereof as herein provided, the Lessee will remove all waste materials and debris, including spent bullets and other ammunition and all casings and empty cartridges and quietly yield and surrender the above described premises to the Lessor, in as good a condition and repair as it was when the Lessee took possession thereof, reasonable wear and tear and damage by the elements alone excepted. The Lessee does hereby further covenant with the Lessor to hold the Lessor, its agents, heirs, employees and assigns harmless from any and all damages, claims, causes of action or other liability that might arise from the maintenance and operation of the shooting range by Lessee. And the Lessor does hereby covenant with Lessee that upon the Lessee complying with the terms hereof, it shall and may peaceably and quietly have, hold and enjoy the demised premises for the term hereof unless sooner terminated as provided above. IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES hereto that this written Agreement constitutes the entire agreement between the parties hereto. IN TESTIMONY WHEREOF, the parties hereunto have caused this Agreement to be executed effective as of January 7, 1989. SCOTTLAND INC. By ut �o rized igna re NORTH AMERICAN LIFE AND CASUALTY / CORP A By Authorized �Signature BYJe / Authorized `gnature CITY OF SHAKOPEE By Mayor By City Administrator By City Clerk -2- STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this > 54A day of ©c7o6FP— , 1989, by J. Brooks Hauser, the Chief Executive Officer of Scottland Inc. , a Minnesota corporation, on behalf of the corporation. L ,r ?7 � JG2Y eL LIC I :FiJIA � t n � cr ccwTr Notary P blic My mmmssia eap:res 10.2691 STATE OF TEXAS ) . 1 ) SS. COUNTY OF Th foregoing instrument was acknowledged before�� me this da f r 1989, by Y)l• t�'C and respectively they . and O FD of North American Life and Casualty Company, aon behalf of the corporation. l ��s,♦Lqh Lp11RlJ. COPMLEY Notary Pb 5bleo ulic. fTans �O. My CammV&Dims 62&92 Notary Publl STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of 1989, by DenniT Kraft and Judith Cox, respectively the Mayor, the City Administrator and the City Clerk of the City of Shakopee, a Minnesota municipal corporation, on behalf of the City of Shakopee by authority of its City Council. Notary Public 92918 -3- CONSENT na Memo to: Dennis Kraft, City Administrator From: Marilyn Ramer, Personnel Coordinator Re: Buy Back of Police Holiday Time Date: October 30, 1989 Introduction The Police Union Contract allows the Employer (City of Shakopee) may, at their option, buy back from any employee so requesting in writing by November 1st of each calendar year any holiday time off earned but not used by the employee in any given year. Background Requests have been received from Officer John Flynn to buy back up to 78.0 hours and Officer Raymond Erlandsen for buy back 40.0 hours of holiday. Historically, the City has had minimum requests for buy back of police holiday time. The union contract provides no flexibility for the City in responding to the buy back request. Staff recommends the City comply with the contract and buy back the hours requested. Action Reauested Pass a motion authorizing the appropriate City officials to buy backup to 78.0 hours of earned, but unused holiday time, from Officer John Flynn at his current rate of pay of $17.167/hr. and 40.0 hours from Officer Raymond Erlandsen at his current pay rate of $13.013/hr. To: City of Shakopee - Personnel From: John Flynn - Police Department Ref: Holiday Time Earned - Buy Back Date: October 30, 1989 I am requesting that the City of Shakopee buy back from me holiday time off earned but not used for the year 1989. If the schedule permits I do plan to take additional holiday hours off before the ending 1989 pay period. Specifically, I am requesting that any remaining 1989 holiday hours earned, and not used by December 17, be bought back from me' by the city. Respectfully, i ohn nn City of Shakopee �;.KQp� POLICE DEPARTMENT Al ' 476 South Coonan Street y ? ",e SHAKOPEE, MINNESOTA 55379 5' Sy f]�1...�c tGG� > Tel. 612/445-6666 V TT Y t' I y/ Spm rV. v NNESO./" October 31, 1989 TO: Marilyn Remer From: Ray Erlandsen Subject: 1989 Accrued Holiday Hours Please accept this notification as a request to be paid for forty (40) hours accrued holiday time which I do not intend to use in 1989. Thank you. go 'S. 7o Jn-mtrek MEMO TO: Dennis Kraft, City Adminis rator FROM: Judith S. Cox, City Clerk RE: Expiring Terms on Boards an Commissions DATE: October 30, 1989 INTRODUCTION: On January 31, 1990, some terms on City Boards and Commissions will be expiring. It is appropriate for Council to begin the recruitment and selection process for filling these expiring terms. BACKGROUND: Pursuant to the City's guidelines for appointments and operation of Boards and Commissions, Council is being advised of individuals whose terms are expiring. Council should consider the reappointment of these individuals at this time. Should Council determine that the individuals merit reappointment, they will be contacted by staff to determine iF they wish to seek reappointment. Sixty (60) days prior to the expiration of the Board and Commission terms, Council shall announce the vacancies and applications will be accepted from all interested citizens of Shakopee. Staff will place a notice of the expiring terms in the official newspaper, and a notice will be posted on the bulletin board at the First National Bank of Shakopee, the Citizens State Bank, the Post Office, the Library, and a copy will be sent to the Chamber of Commerce, the Shakopee Jaycees, the Lions, and any other local organizations the Council so desires. Pursuant to this policy, thirty (30) days prior to the expiration of the Board and Commission terms, a committee comprised of three Council members and the City Administrator will meet to review all applications and interview applicants, including incumbent members whose terms are expiring and who wish to seek reappointment. The qualifications of the members of the commissions shall be those that, in the judgement of the committee are representatives of the community and are qualified by training, experience and interest for the fulfillment of the commissions responsibility. The committee shall recommend all qualified candidates per position to the Council for consideration. The names of all qualified candidates will be presented to Council for nomination at their first meeting in January. Council shall then make appointments to the Boards and Commission at their second meeting in January. All appointed and reappointed individuals will assume their responsibilities at the first meeting in February of their respective Board or Commission. The individual appointed to the Shakopee Public Utilities Commission, however, will not take his or her office until the Utilities first meeting in April. The Boards and Commission, expiring terms and attendance records are as follows: COMMITTEE NAME ATTENDANCE Planning Commission/Board of Dave Czaja 9 of 14 Adjustments and Appeals Terry Forbord 13 of 14 Community Development Commission Terry Joos 10 of 10 Mark Miller 9 of 10 Energy & Transportation Committee Glenda Spiotta 17 of 29 Robert Ziegler 25 of 29 Cable Communication Commission Bill Harrison 3 of 3 Lee Davis 3 of 3 Housing Advisory & Appeals Board Dale Dahlke Building Code Board of Adjustment Dale Dahlke & Appeals Shakopee Public Utilities Jim Kephart Commission Shakopee Community Recreation Laura Wermerskirchen Board Police Civil Service Commission Dan Steil Shakopee Youth Building Committee Richard Marks ? Edward Giesen ? * Attendance has been good per staff who works with the Committee. RECOMMENDATION: 1. Council should determine which individuals whose terms are expiring should be considered for reappointment, and direct staff to contact them to determine if they wish to seek reappointment. 2. Direct staff to advertise and post notice of expiring terms on Boards and Commission, pursuant to the City's policy. 3 . Appoint three Councilmembers to meet with the City Administrator to review the applications and the applicants prior to submitting qualified candidates for nomination in January. JSC/tiv CONSENT N-4 Memo To: Dennis Kraft, City Administrator From: Gregg Voxland, Finance Director Re: Health Insurance Date: November 3, 1989 Introduction The time for the renewal of employee group health insurance is rapidly approaching. Back rg ound The city bid group insurance last year. Blue Cross was awarded the bid. They are asking for 45 days notification of renewal (January 1) . The City has a choice to make. Due to the short time frame for experience rating, Blue Cross is hesitant to rate our group. Therefore, they are giving us a choice. One option is to take a 98 increase, plus mandates, effective January 1, 1990. The other option is to wait until July 1, 1990 with the chance that a good experience rating will give an increase of less than 98. The legislature mandates increase amount to $.12 for single and $2.02 for family. The attached letter from the Blues also has an option of changing renewal dates from January to July. At this point, I am inclined to stay with January for Section 89 reasons and consistency. Alternatives 1. A. 98 increase plus mandates January 1 B. Unknown increase plus mandates July 1 2. A. Keep January renewal date B. Change to July renewal date Recommendation 1 A. 52 A. An employee meeting was held 11/2 to review the price option. All employees at the meeting who voted on the option preferred taking the 98 increase January 1. Keeping the January renewal date is strongly recommended due to Section 89 considerations and consistency with other insurance policies. Action Reauested Move to renew the health insurance coverage with Blue Cross/Blue Shield effective January 1, 1990 with an increase of 98 plus a mandated benefit increase of $.12 per single and $2.02 for family coverage. ,i GV:mmr � Blue Cross a d Blue Shield of Minnesota P.O. Boz 64560 • St.Paul,Minnesota 55164 September 27, 1989 Mr. Gary Monnens 16228 Main Avenue Southeast P.O. Box 308 Prior Lake, MN 55372 Dear Mr. Monnens: Our underwriters have completed their annual review of claims incurred by the employees of the City of Shakopee. Due to the lack of credible experience, underwriting is extending the current rates until July 1, 1990. At that time, underwriting will do a renewal rating to determine the needed rates. Also, the group has a choice of remaining a January renewal or changing to a July renewal. I£ the group wants to change to a July renewal, they do not have to take the 1989 legislation charges until July 1, 1990. If the group decides to keep a January renewal, rates for the 1989 legislation are $ . 12 single and $2.02 family. Please let me know at least 45 days before the renewal date whether they want to change their renewal. Sincerely, Lynn Beer Senior Account Consultant LB:4w52/1 CONbENTI TO: Dennis R. Kraft, City Administrator U FROM: John Dubois, Police Chief RE: Capital Equipment Purchase DATE: November 3, 1989 Introduction The recent addition of a police officer has resulted in a shortage of facilities for personnel. Background The recent hiring of another police officer has resulted in a shortage of lockers for personnel to store their equipment and uniforms. A set of three lockers from Business Outfitters costs $884.85. This item is not in the 1989 budget. There is appropriations left in the insurance category for the police department. Request the approval of the purchase of a set of three lockers from Business Outfitters in the amount of $884.85 and that staff prepare a budget amendment transferring appropriations from the insurance object to the capital equipment object in the police department. Alternatives 1. Approve purchase 2. Do not approve purchase Recommendation Alternative number 1. Action Reauested Move to approve of the purchase of a locker set from Business Outfitters in the amount of $884.85 and direct staff to prepare a budget amendment to transfer appropriations from the insurance object code to the capital equipment object code in the police department. Memo To: Dennis R. Kraft, City Administrator / K From: Marilyn Ramer, Personnel Coordinator Re: Sgt. Dennis Anderson Leave-of-Absence Date: November 3, 1989 Introduction At its 11/1/89 meeting the City of Shakopee Police Civil Service Commission approved the request of Sgt. Dennis Anderson for a one-year leave-of-absence from the Shakopee Police Department from November 13, 1989 through November 12, 1990. Background Sgt. Anderson has requested the City Council approve that he be reimbursed for all unused vacation, comp-time and holidays through November 12, 1989. The Police Sergeant's Union contract allows for the employer to buy-back any unused holiday hours. Personnel Policy is silent regarding payment of vacation and comp-time balances when employees take a leave without pay. Policy provides that no vacation or sick leave benefits shall accrue, nor shall paid sick leave be granted to persons on unpaid leaves exceeding five days. Recoomendation Staff recommends Council approve Sgt. Anderson's request for payment of unused holiday, vacation leave and comp-time balances through November 12, 1989. Action Reauested Move to approve payment of Sgt. Dennis Anderson's unused vacation leave, comp-time and holiday balances through November 12, 1989 at his current pay rate of $19.159/hour. TO: MAYOR, COUNCILMEMBERS, CITY ADMINISTRATOR FROM: SGT. DENNIS ANDERSON, SHAKOPEE POLICE DEPARTMENT DATE: OCTOBER 26, 1989 RE: RESIGNATION FROM THE SHAKOPEE POLICE DEPARTMENT I, Dennis Anderson, do hereby submit my resignation from the Shakopee Police Department effective at the end of my shift on November 12, 1989 . Within the past week an opportunity arose that offered me a major career choice, to remain in law enforcement or to accept a position in the private sector. After much consideration and with reservation I have decided to accept this position. Because of time constraints on the business they requested that I be available to them no later than Monday, November 13 , 1989. Attached is a copy of a request for leave of absence. If the leave of absence is granted I ask permission to withdraw this resignation until such time as the leave expires or I decide to remain in the new position. I would also ask considerations as follows: 1 . If the leave of absence is granted that I will be reimbursed for all unused vacation, comp-time and holidays through November 12, 1989. 2 . If the leave of absence is denied then this document serve as my full resignation from the employment of the City of Shakopee and severance pay be disbursed in accordance with city policy now in effect. I wish to thank all of you for your support and confidence that you have placed in me during my tenure with the Shakopee Police Department and the time you will have taken in considering my requests and/or resignation. S' cerely, Dennis Anderson, Sergeant Shakopee Police Department 15�- MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administator RE: Resolution No. 3139 - A Resolution of Commendation To Ray Ruuska For His Exemplary Performance DATE: October 26, 1989 INTRODUCTION• Ray Ruuska, Engineering Coordinator has performed above and beyond his normal job responsibilities in securing a past due payment from the Minnesota Department of Transportation, in the amount of $52,000.00. Mr. Ruuska's exemplary performance merits commendation by the City Council. BACKGROUND: In 1975, the City of Shakopee participated in the west side storm sewer project. A portion of this project was funded by Mn. DOT. At the time of the project, the City of Shakopee entered into an agreement with the Mn DOT, which specified that a portion of the project would be funded by Mn DOT. However, when the project was completed, the City of Shakopee neglected to bill Mn. DOT for their share of the project. In July of this year, Mr. Ruuska, in speaking with Mn DOT officials, discovered the City of Shakopee's error in not collecting the $52,000.00 due to the City of Shakopee from the 1975 project. On his own initiative, Mr. Ruuska contacted Mn. DOT officials to determine if the City of Shakopee could retroactively collect the past due $52,000.00 from a 1975 contract agreement. Mr. Ruuska then searched through historical records and put together the necessary documentation justifying the amount due to the City of Shakopee. He subsequently submitted this information to Mn. DOT with an invoice requesting the $52,000.00 payment from the 1975 project. As a result of Mr. Ruuska's efforts, the City of Shakopee has recently received a check from Mn. DOT in the amount of $52,000.00. Had it not been for the persistent and dedicated efforts of Mr. Ruuska, it is almost certain that the City of Shakopee would not have received the $52,000.00 payment from Mn. DOT. Because of the positive impact of this action on the city's financial condition, Mr. Ruuska's efforts should not go unnoticed. I am therefore recommending that City Council consider offering resolution #3139, a resolution of commendation to Ray Ruuska for his exemplary performance. In an effort to encourage Shakopee employees to perform to their � 5 ,tom highest and best ability, staff is also recommending that an employee recognition program be developed for Council consideration at a later date. The employee recognition program could simply identify an employee of the year. The employee of the year winner would be eligible to receive one day off with pay. Staff would like to recommend that the appropriate city officials be directed to draft some program guidelines and determine what other cities are doing in regard to this concept and report back to City Council at a later date. ALTERNATIVES• 1. Offer Resolution #3139, a resolution of commendation to Ray Ruuska for his exemplary performance. 2. Do not offer Resolution 43139. 3. Direct staff to develop a formal employee recognition program and report back to City Council at a later date. STAFF RECOMMENDATION: Staff recommends alternative #1 and 43. ACTION REQUESTED: 1. offer Resolution #3139, a resolution of commendation to Ray Ruuska for his exemplary performance. 2 . Move to direct the appropriate city officials to develop a formal employee recognition program and report back to City Council. RESOLUTION NO. 3142 A RESOLUTION CANVASSING RETURNS FOR THE MUNICIPAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that it is hereby found and determined and declared that the regular municipal election held in and for said City on November 7, 1989, was in all respects duly and legally held and the returns thereof have been duly canvassed, and the votes cast at said election were as follows: For Mayor, two year term: Allen R. Hastings 199 Gary Laurent 2268 Dolores M. Lebens 1479 Douglas D. Eichhorst 1 Gery Wampach's 1 Don Larsen 1 Clete Link 1 Roger Rabbit 1 Larry Sichmeller 1 Patrick Davis 1 Sara Laurent 1 For Councilpersons-at-Large, two four year terms: Richard J. Kechely 424 Gary E. Scott 1257 Robert 0. Sweeney 2923 Gloria M. Vierling 2650 James O'Brien 2 Richard Swedt 1 Joyce E. Smith 1 Carol Benz 1 John Schmitt 2 Dave Brown 1 Robert Ziegler 1 Paul Johnson 1 Gary Monnens 1 Fred Coller 1 Jack Trimbo 1 Laurie Trimbo 1 Jim Sorenson 1 Allan Hastings 1 Bill Schleper 1 Debra Amundson 1 Dick Janckowski 1 David G. Brown 1 Mike Stuber 1 George Bush 1 Walter Mondale 1 Paulette Risland 2 I ' C NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that is duly elected Mayor, for a two year term, commencing January, 1990 and and are duly elected Councilpersons, each for a four year term, commencing January, 1990. Adopted in Special Session of the City Council of the City of Shakopee, held this 8th day of November, 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1989. City Attorney 001 SP-1 (720) SCOTT (--OLJN T Y, M I NNESO TA CITY—SCHOOL_ ELECTION NOVEME+ER 7 , 1989 Total Number Voting 805 CITY OF SHAKOPEE MAYOR ALLAN R. HASTINGS 24 2. 98% GARY LAURENT 357 44. 34% DOLORES M. LEBENS 421 52. 29% ______________ 1 . 12% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Votes Cast 805 Number Under Votes 2 . 24% Number Over Votes 0 0% CITY OF SHAKOPEE COUNCILPERSON ( Elect 2) RICHARD J. KECHELY 75 4. 65% GARY E. SCOTT 298 18. 50% ROBERT O. SWEENEY 623 38. 69% GLORIA M. VIERLING 472 29. 31% ______________ 4 . 24% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Votes Cast 1610 Number Under Votes 136 8. 44% Number Over Votes 2 . 12% SCHOOL DISTRICT 720 (SHAKOPEE) TAX LEVY YES 343 42. 60% NO 432 53. 66% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Votes Cast 805 Number Under Votes 30 3. 72% Number Over Votes 0 0% TOTAL BALLOTS CAST 805 TOTAL TYPE 1 BALLOTS 805 002 SP-2 (720) _ E3 C O T T C O U N T Y, M I NN E S O T A G Z T Y—S C H O O L E LECTION N OV E M B E R 7, 1 9H 9 Total Number Voting 702 CITY OF SHAKOPEE MAYOR ALLAN R. HASTINGS 36 5. 12% GARY LAURENT 357 50. 85% DOLORES M. LEBENS 301 42. 87% -------------- 3 . 42% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Votes Cast 702 Number Under Votes 5 . 71% Number Over Votes 0 0% CITY OF SHAKOPEE COUNCILPERSON ( Elect 2) RICHARD J. KECHELY 78 5. 55% GARY E. SCOTT 196 13. 96% ROBERT O. SWEENEY 548 39. 03% GLORIA M. VIERLING 470 33. 47% -------------- 2 . 14% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Votes Cast 1404 Number Under Votes 108 7. 69% Number Over Votes 2 . 14% SCHOOL DISTRICT 720 (SHAKOPEE) TAX LEVY YES 351 50. 00% NO 317 45. 15% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Votes Cast 702 Number Under Votes 33 4. 70% Number Over Votes 1 . 14% TOTAL BALLOTS CAST 702 TOTAL TYPE 1 BALLOTS 702 �i 003 SP-3 (720) SCOTT COU"T Y, M I LANES C3 TA C I TY—SCHO C3 L- ELECT I C]" 1-4C7\/EMB3ER 7, 1 94B9 Total Number Voting 734 CITY OF SHAKOPEE MAYOR ALLAN R. HASTINGS 43 5. 85% GARY LAURENT 410 55.85% DOLORES M. LEBENS 272 37. 05% -------------- 1 . 13% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Votes Cast 734 Number Under Votes 6 . 81% Number Over Votes 2 . 27% CITY OF SHAKOPEE COUNCILPERSON ( Elect 2) RICHARD J. KECHELY 98 6. 67% GARY E. SCOTT 240 16.34% ROBERT O. SWEENEY 540 36. 78% GLORIA M. VIERLING 456 31. 06% -------------- 2 . 13% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Votes Cast 1468 Number Under Votes 132 8.99% Number Over Votes 0 0% SCHOOL DISTRICT 720 (SHAKOPEE) TAX LEVY YES 390 53. 13% NO 333 45. 36% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Votes Cast 734 Number Under Votes 11 1. 49% Number Over Votes 0 0% TOTAL BALLOTS CAST 734 TOTAL TYPE I BALLOTS 734 004 SP-4 (720) SCOTT (--C]UNTY� MINNESOTA CITY—S C H O O L- E L E CT I O N NOW EM 83 E R -7, 1 9 8 9 Total Number Voting 9122 CITY OF SHAKOPEE MAYOR ALLAN R. HASTINGS 48 5. 26% GARY LAURENT 605 66. 33% DOLORES M. LEBENS 249 27. 30% 3 . 32% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Votes Cast 912 Number Under Votes 7 . 76% Number Over Votes 0 0% CITY OF SHAKOPEE COUNCILPERSON ( Elect 2) RICHARD J. KECHELY 97 5. 31% GARY E. SCOTT 288 15. 78% ROBERT O. SWEENEY 600 32. 89% GLORIA M. VIERLING 644 35. 30% ______________ 13 . 71% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Votes Cast 1824 Number Under Votes 182 9.97% Number Over Votes 0 0% SCHOOL DISTRICT 720 (SHAKOPEE) TAX LEVY YES 534 58. 55% NO 357 39. 14% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Votes Cast 912 Number Under Votes 21 2. 30% Number Over Votes 0 0% TOTAL BALLOTS CAST 912 TOTAL TYPE 1 BALLOTS 912 i F 005 SP-5 (720) SCOT T C O U N TY s M I N N E S O TA CITY—SC H O O L EEL-1=T I am N O V E M B E R 7 , 194S'=9 Total Number Voting 830 CITY OF SHAKOPEE MAYOR ALLAN R. HASTINGS 48 5. 78%. GARY LAURENT 539 64. 93% DOLORES M. LEBENS 236 28. 43% ______________ 2 . 24% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Votes Cast 830 Number Under Votes 4 . 48% Number Over Votes 1 . 12% CITY OF SHAKOPEE COUNCILPERSON t Elect 2) RICHARD J. KECHELY 76 4. 57% GARY E. SCOTT 235 14. 15% ROBERT O. SWEENEY 612 36. 86% GLORIA M. VIERLING 608 36. 62% -------------- 10 . 60% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Votes Cast 1660 Number Under Votes 119 7. 16% Number Over Votes 0 0% SCHOOL DISTRICT 720 (SHAKOPEE) TAX LEVY YES 486 58. 55% NO 318 38. 31% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Votes Cast 830 Number Under Votes 26 3. 13% Number Over Votes 0 0% TOTAL BALLOTS CAST 830 TOTAL TYPE 1 BALLOTS 830 RESOLUTION NO. 3142 A RESOLUTION CANVASSING RETURNS FOR THE MUNICIPAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that it is hereby found and determined and declared that the regular municipal election held in and for said City on November 7, 1989, was in all respects duly and legally held and the returns thereof have been duly canvassed, and the votes cast at said election were as follows: For Mayor, two year term: Allen R. Hastings Gary Laurent Dolores M. Lebens For Councilpersons-at-Large, two four year terms: Richard J. Kechely Gary E. Scott Robert O. Sweeney Gloria M. Vierling NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that is duly elected Mayor, for a two year term, commencing January, 1990 and and are duly elected Councilpersons, each for a four year term, commencing January, 1990. Adopted in Special Session of the City Council of the City of Shakopee, held this 8th day of November, 1989. Mayor of the City of Shakopee ATTEST: city clerk Approved as to form this day of , 1989. City Attorney Memo To: Dennis R. Kraft, City Administrator From: Marilyn M. Ramer, Personnel Coordinator Re: Amend Personnel Policy Date: November 3, 1989 Introduction IDGIS is a consortium of local governmental sub-divisions with cities being the primary members. Members own and operate IAGIS, similar to the concept of cooperatives. I.OGIS provides data processing services to its members. The City's payroll, financial and utility billing systems are through I.OGIS. Back round IAGIS has been in existence for seventeen years and during that time used the Gemunis Payroll system. Complexity in tax laws and more optional employee deductions due to cafeteria plans, etc. prompted I.OGIS to convert to the CORT Payroll System. The CORT is designed to permit much more flexibility. The CORN System contains many features so programmers do not have to intervene to change programs every time a tax changed or a city needed something unique. GEMUNIS had reached the point where it was nearly impossible to maintain. The City of Shakopee converted to the CORT System with the 9/1/89 payroll. Features of the CORT include automatic vacation and sick accrual, automatic end-of-year rollover of accruals, computation definitions and expanded deduction schedules. See 9/1/89 notice to employees. The system uses the anniversary date from the employee master record for the calculation of vacation accrual. It has been formatted with the maximum amount which an employee at each seniority level can carry forward from one year to the next. The first payroll of a new year would then start with the allowed carry-over maximum. Any excess vacation accrued must be used by the end of the last pay period of the year or will be lost. Employees have been notified of this change by payroll check attachments on 9-1-89 and again on 10-27-89. To allow any employees who have excess vacation balances and the implementation of this policy creates a problem for them due to work schedules, etc. , it is recommended they make written request (by December 1st) to the City Administrator for his approval of any vacation useage through December 31st without carry-over loss. Personnel Policy allows for employees to use vacation through December 31st without reducing the amount carried over, even though this rarely coincided with the last pay period of the year and required manual adjustments to the Payroll records. The payroll year will vary from year-to-year. The Personnel Policy should be amended to state: "No more than the amount of vacation leave earned in a ealendar payroll year can be carried beyond-Deeember-31st into a new ealendar payroll year, unless specifically authorized by the City Administrator with the approval of the City Council, which approval shall be granted only for unusual p circumstances. All accrued vacation in excess of this maximum shall be stricken from the accrual records and lost." The automatic vacation accrual features has reduced the time staff spends monitoring anniversary dates and manually calculating and entering accrual rates. Even though this is a relatively new system and a period of time is always needed to work out the flaws, there has already been a substantial time savings in operating this system opposed to the previous and staff recommends utilizing these automatic accrual features and updating the Personnel Policy to accommodate it. Action Reguested Offer Resolution No. 3143, A Resolution Amending Resolution No. 1571, Adopting a Personnel Policy for the City of Shakopee and moves its adoption. �Sd MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Engineer SUBJECT: Lewis Street, from 4th Avenue.e to 10th Avenue DATE: October 25 , 1989 INTRODUCTION: Attached is Resolution No. 3140 , which orders a feasibility report for the above referenced project. BACKGROUND: On October 3 , 1989 the City Council of Shakopee discussed the 1990 Capital Improvements Budget. At that meeting, the Council determined which capital projects should have the highest priority for construction in 1990 • The reconstruction of Lewis Street between 4th Avenue and 10th Avenue, including Sommerville Street between Shakopee Avenue and 10th Avenue, was approved by the City Council and ranked as the top priority for street projects in 1990 . Consequently, staff would like to commence the legal process necessary to order the project. Since 25% of the project costs will be assessed a feasibility report must be prepared and public hearing held prior to ordering the project . Attached is Resolution No. 3140 which orders a feasibility report prepared for this project. ALTERNATIVES: 1 . Adopt Resolution No. 3140 . 2 . Deny Resolution No. 3140 . 3 • Table Resolution No. 3140 until a later date. RECOMMENDATION: Staff recommends Alternative No. 1 , to adopt Resolution No. 3140 which orders a feasibility report prepared. In order to start preparing plans and specifications for the 1990 construction season the legal process must be started now. ACTION REQUESTED: Offer Resolution No. 3140 , A Resolution Ordering the Preparation of a Report on an Improvement to Lewis Street Between 4th Avenue and 10th Avenue and Sommerville Street Between Shakopee Avenue and 10th Avenue and move its adoption. MEMO TO: Dennis Kraft, City Administrator 'S� FROM: Dave Hutton, City Engineer 4,y- SUBJECT: Vierling Drive Watermain Improvements DATE: October 31 , 1989 INTRODUCTION: Attached is Resolution No. 3144, Which Declares the Adequacy of a Petition and Orders the Preparation of a Feasibility Report for Watermain Improvements to Vierling Drive. BACKGROUND: One of the conditions of the Heritage Place 2nd Addition plat approval is that the developer petition the City of Shakopee to install watermain on Vierling Drive from Limestone Drive to the westerly property line of Heritage Place 2nd Addition (+ 2 ,000 Feet) . The petition was also a condition of the developer ' s agreement which has been executed . Because the plat has still not been recorded, the developer's agreement is not yet valid . The plat should be filed within the next month or so and the only thing holding it up is some legal items relating to the Scottland bankruptcy . The City and Scott County and all other entities have approved of the final plat. Since the petition as required by the developer ' s agreement cannot be acted on , the developer has submitted a separate petition requesting the watermain extension on Vierling Drive. This watermain extension was required by Shakopee Public Utilities Commission as a condition of the plat approval in order to provide adequate pressure to the watermain system in the Heritage Place 2nd Addition. The petition has been reviewed by staff, the Utilities Manager and the City Attorney and is found to be acceptable. Attached is Resolution No. 3144, which declares the adequacy of the petition and orders the preparation of a feasibility report for the watermain improvements to Vierling Drive for Council consideration. Staff is also requesting that a consultant be utilized to prepare this feasibility report. The consultant who designed the streets and utilities for the developer of Heritage Place 2nd Addition is very familiar with the project and has done substantial work already as part of his design of Heritage Place. That engineer is McCombs, Frank, and Roos Inc. Shakopee Public Utilities Commission will not allow new homes in Heritage Place 2nd Addition to be connected up to the watermain system without this watermain in Vierling Drive . Therefore, it is essential that the feasibility report be prepared as soon as possible for Council consideration. Because of staff workloads, the feasibility report cannot be prepared in a timely fashion. Due to the familiarity of the project with the developer' s consultant and staff workloads, staff is requesting the use of McCombs, Frank, and Roos Inc. to prepare the feasibility report for this project. Attached is a letter agreement from this consultant indicating they can perform this feasibility report for a not-to-exceed fee of $600 .00. ALTERNATIVES: 1 . Adopt Resolution No . 3144 and authorize staff to use McCombs, Frank, and Roos, Inc. to do the feasibility report. 2. Adopt Resolution No. 3144 and utilize staff or some other consultant to prepare the feasibility report. 3 . Do not adopt Resolution 3144. RECOMMENDATION: Staff recommends Alternative No. 1 , to adopt Resolution No. 3144 which orders the preparation of a feasibility report and also authorize staff to utilize McCombs , Frank, and Roos, Inc. to prepare the feasibility report for this project. ACTION REQUESTED: 1 . Offer Resolution No. 3144, A Resolution Declaring Adequacy of Petition and Ordering the Preparation of a Report for Vierling Drive Watermain Improvements from Limestone Drive to t. 2 ,000 Feet West and move its adoption. 2. Direct the appropriate City officials to execute the attached letter agreement with McCombs, Frank, Roos, Inc. to cover the cost of preparing the feasibility report for this project at a not-to-exceed figure of $600 .00 . DH/pmp WATERMAIN McCombs Frank Roos Associates, Inc. Twin C::es St.Cloud 15050 23rd Ave.N. Telephone Engineers Plymouth.MN 612/475-6010 Planners 55447 Faaimile Surveyors 612/476-6532 November 1, 1989 Honorable Mayor and Members of the City Council City of Shakopee 129 East First Avenue Shakopee. MN 55379 SUBJECT: Vierling Avenue Watermain Extension Feasibility Report MFRA #9196 Dear Mayor: and Members of City Council: At the request of Mr. Dave Hutton, the City Engineer, we are providing this proposal to provide our engineering/land surveying services for a feasibility report for the watermain extension along Vierling Avenue. We understand that the watermain will be extended from its existing terminus at Hauer's 4th Addition to the Western line of Heritage Place 2nd Addition (approximately 1900 feet) . The basis of our fee is as follows: BASIS OF FEE Compensation for basic services as described herein shall be our standard hourly rates not to exceed 5600.00. An hourly rate schedule has been attached for your convenience. BASIC SERVICES PROVIDED Our fee proposal is based on our for providing the basic services described as follows: 1. One meeting each with the City Engineer and the SPUC Manager to coordinate the preliminary plan and cost estimates. 2. Prepare the feasibility report in accordance with City standards. 3. Review the report with City Staff if required. 4. Attend a maximum of two City Council meetings to discuss the report with Council and/or property owners. An Enuaj opWnumn Emppyer November 1, 1989 Page Two CONDITIONS 1. The attachment entitled "General Conditions for Professional Services" shall be an integral part of the this proposal/contract. 2. Services that are provided beyond this agreement, such as project scope changes or additional meetings with City Staff, shall be compensated at an hourly basis as extra work. 3. Our fee estimates are based on all services being completed prior to January 1, 1991• We trust that this proposal responds to your needs for civil engineering services. If you have any questions or need additional information, please contact us. However, if the terms are acceptable, please sign and return one copy of this proposal. We appreciate this opportunity to provide our services an& look Forward to a most successful relationship. Very truly yours, MCCOMBS FRANK ROOS ASSOCIATES, INC. ,12� . / . Daniel M. Parks, P.E. DMP:aju Enclosure THE ABOVE TERMS AND CONDITIONS ARE ACCEPTED. THIS DAY OF 1989• By: Mayor By: City Clerk By: City Administrator MCCOMBS FRANK ROOS ASSOCIATES, INC GENERAL CONDITIONS FOR PROFESSIONAL ENMONMENTAL SERVICES Section 1 -Scope of Work a. McCombs Frank Roos Associates,Inc.(hednafter dled'MFRA'),shall perform the professional service defined in this Agreement and shall invoice the Client for those service at MFRA's standard retes The estimate of cost, if provided to the Client and if stated as an estimate in this Agreemen4 shall not be considered as a firm figure,but only as an estimate unless specifically stated otherwise in this Agreement. b. MFRA shall provide additional service under this Agreement as requested by the Client and shall invoice the Client for these additional service at the standard rates. It is understood that the Scope of Work defined in this Agreement is based on the information provided by the Client. If this information is incomplete ar inaccurate,orif unexpected condition are discoveredorrequired,the Scopeof Warkmaychange,even dwork is in progress. MFRA shall make reasonable efforts to contact the Client when a change in the Scope of Work appears necessary,and the Client,by agreeing to the change,recognizes that the estimate of cost or contract figure may also flange c. All services that are to be provided shall be performed ordy once,except where noted. Revisions to previously completed work shall be invoked at the standard rates. d. AR application fees,outside printing/reproduction fees and other costs incurred by MFRA shall be paid directly by the Client,or be reimbursed to MFRA if they are paid by MFRA. e. The Client agrees to supply MFRA with plan and other necessary material of the project which is pertinent to providing professional services. Unless otherwise stated,MFRA shall not be resmrssible for verifying site topog. raphy,asbulll site condition,or the accuracy of documents prepared by others. I. In the performance of services, it may be necessary for MERA to obtain from the Client information regarding wastes generated,handled orotherwise managedby the Client.The Client agrees to provide the information MFRA deems necessary to carry out its obligation as this Agreement the Client also agrees to allow MFRA reasonable access to the Client's premises should such access be deemed necessary by MFRA to retry out its obligation under this Agreement. MFRA agrees to hold confidential technologies and information unique to the Client which maybe obtained during the term of this Agreement. MFRA's obligation ofmadentality shall survive two(2)years beyond the termination of this Agreement. g. MFRA and the Client shall mutally agree upon any subcontractor(s) MFRA may choose to hire to perform any services under this Agreement. MFRA shall not be responsible for conducting or interpreting any subcontractors results. Section 2-Reports and Ownership of Documents a. MFRA shall furnish three(3)copies of all reports and design plan to the Client. The Client agrees to pay for ad- ditional copies at the hourly rates specified in the fee schedules. b. Reports, plans and other work prepared by MFRA shall remain the property of MFRA until all fees for MFRA's services have been paid in full. The Client agrees that all reports and other work furnished to the Client and its agents not paid in full will be returned upon demand and will not be used for licensing permits,design and/or construction. e. All original documents,mports.plan,specificotiars,calculationsand estimates areand will remain in the property of MFRA. CONTINUED ON REVERSE SIDE McCombs Frank Roos Associates,Inc Twin Cities SC Clouc t5p5013M Ave.N. Telephone Engineers Prymouth.MN 612/476-6010 Planners 55447 Surveyors FEE SCHEDULE Effective 4- 1-89 The hourly charges would basically be in the following range, depending on the persons involved: Principal Engineer/Land Surveyor $ 80-90/Hour Engineer/Land Surveyor $ 56-64/Hour Supervisory S Senior Technician $ 56-60/Hour Technicians/Draftsperson $ 36-42/Hour Surveyor (Crew Chief) $ 44/Hour Survey Technicians $ 30-36/Hour Inspectors $ 40-44/Hour 2-man Survey Crew $ 86/flour 3-man Survey Crew $ 100/Hour Clerical $ 32/Hour An EQual Oc=o rdy Emµoyer DEVELOPMENT October 17, 1989 Judith Cox Shakopee City Clerk 129 East First Avenue Shakopee, FIN 55379 Dear Judy: Please find enclosed, the "Petition for Public Improvements" relating to the Vierling watermain improvement in conjuction with Heritage Place 2nd Addition. It is my understanding that Heritage Development is petitioning for this watermain improvement in this manner, as to expedite the City Council approval and ordering of said improvement because, the petitioning for the watermain improvement under the Develop- ers Agreement cannot legally take effect until the plat is rec- orded with Scott County. At this time, Heritage Development is still in the process of clearing the title problems related with this plat. As you know, this improvement must be ordered by the City Council before the Shakopee Public Utilities will allow water service to the Heritage Place 2nd Addition development. I£ you have any questions, please contact me. Sincerely, Did Pat,., David Heller Heritage Development 420 East County Road D St. Paul, MN 55117 (612) 481-0017 - " 09-x\0 CITY OF SHAKOPEE PETITION FOR PUBLIC IMPROVEMENTS The_.underslgned hereby petitions the City of Shakopee to install the following improvements where noted and to assess them pursuant to Minnesota Statutes Chapter 429: Proposed Heritage Place 2nd Addition and Outlot A, vierling Avenue/SLrrE.-t- from West of Hauers 4th Addition to W.of Pc_o osed Heritage Place by City installed yierling nod Addition Wa.ermain improvmen[ improvements requested The undersigned hereby waives their right 'to a public hearing prior to Council ordering the improvements and also waives their right to a public hearing prior to the levying of the assessments related to said improvements and further waives all rights to appeal said assessments which shall be assessed pursuant to Minnesota Statutes Chapter 429 as a result of the installation of the above improvements. Dated this 17thday of October , 19 89 J. � � s G. Gar r, Pres. Heritage Development of Minnesota, Inc. STATE OF MINNESOTA ) SS (CORPORATE ACKNOWLEDGEMENT) COUNTY OF ) The foregoing instrument was acknowledged before me this day of i7n , 194 9 by ,AkEJ , the 1� /Ij vy� �V of Ilt-Arm-- r� Cla"I�T,J1 OE r i[I U.CiAYD�'ikl - a corporation under the laws of the State of H(_w--, sg�_y� on behalf of the Corporation. S DAVID M. HELLERCOUNT n Z.,�`�� Nm ftRI�MN&%TA IJn ^ F a4 W6SIUNGTON COUNTY �'� • Q,r w\ j Iii Se,, 19. 1995 wwnwnw.n.w.vwv..wn+.-m�. 96TARY This instrument was drafted by: Judith S. Cox, City Clerk City of Shakopee 129 East First Avenue c�.��....00 M., . 55779 - _12/ RESOLUTION NO. 3144 A Resolution Declaring Adequacy Of Petition And Ordering Preparation Of A Report On Vierling Drive Watermain Improvements From Limestone Drive to + 2000 Feet West BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . A certain petition requesting the improvement of Vierling Drive from Limestone Drive to + 2000 Feet West by Watermain Improvements, filed with the Council on November 8 , 1989 , is hereby declared to be signed by the required percentage of owners of property affected thereby. The declaration is made in conformity to Minnesota Statutes, Section 429 .035 . 2.. The petition is hereby referred to David Hutton, City Engineer or Council designated Engineering Consultant and he is instructed to report to the Council with convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and estimated cost of the improvement as recommended. 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 *G a, SHAKOPEE FIRE DEPARTMENT SHAKOPEE, MINNESOTA 55379 1883 "100 Years o/Service to Our Community" 1983 t0: Shakopee City Administrator ' FROM: Shakopee Fire Dept. , Charles E. Ries Fire Chief HE: Capital Equipment-Hurst Paladin Rescue System. DATE: 9/20/89 Introduction: The Hurst Paladin Rescue System is a hydraulic jaws system sometimes referred to as "the Jaws of Life" . These jaws used with various attachments are used for emergency situations such as extrication from automobiles , train and aircraft accidents , building and tunnel accidents , and other civil disasters This tool provides prying capability with the jaws and cutting capability with blades on the inside of the ,jaws without tool modification. This tool provides 15 ,000 pounds of spreading force at the jaw tips and 45, 000 pounds of cutting force at the cutting blades . An attachment set is used with this tool to allow its use in varying situations on different materials . Background: The Shakopee Fire Department is experienced in the usage of this Hurst Paladin tool and have found it invaluable for extrication of people trapped in automobiles after collisions or other accident situations . This tool is also used in fire situations to gain rapid entry into high security structures and for movement of heavy - objects which are obstructing efficient fire suppression. Acquisition alternatives : Quotations were received for a rescue tool from two suppliers. The first Supplier was Metropolitan Fire Equipment in Bloomington, Mn. The costs as quoted were as follows: Description Price 1 . Hurst Paladin tool . $4135 .00 2. Attachment Package. $599.00 3 . Remote Dump Valve. $195 .00 4. Model 20 Ram $1595 .00 ---------====-Total $6524 .00====---_ a The second supplier was Minnesota Conway Fire and Safety out of Minneapolis. The costs as quoted were as follows: i Description Price 1 . Hurst Paladin tool . $4329 .00 i 2 . Attachment Package. 650.00 3 . Remote Dump Valve. 210.00 4. Model 20 Ram (N/A) Total $5189 .00 Recommendations and action requested: The Shakopee Fire Department recommends purchasing the Hurst Paladin System as quoted by Metropolitan Fire Equipment for $6524 .00 . As it is the least expensive and complete system. This equipment is also compatible with our existing Hurst Tool equipment. The capital equipment budget for the 1989 acquisition of a rescue tool was $3500.00. There have been price increases since this line item on the 1989 budget was established. The difference between the $6424 . 00 and the budgeted $3500.00 ( $3024.00 ) will be taken from the budgeted Ansul Extinguishing System (budgeted at $3500. 00 ) . We are trying to obtain the budgeted Ansul Extinguishing System through a local business donation. Respectfully Submitted, ( 'zjl Gy_' V Z& Charles E. Ries , Shakopee Fire Chief