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12/19/1989
MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: December 15, 1989 1. Attached are the October 11, 1989 minutes of the Downtown Ad Hoc Committee. 2. Attached are the November 6, 1989 minutes of the Shakopee Public Utilities Commission. 3 . Attached are the November 14th and November 8, 1989 minutes of the Scott County Agricultural Classification Committee. 4 . Attached is the Building Activity Report for November, 1989. 5. Attached is the Revenue and Expenditure Report as of November 30, 1989. 6. Attached is a memorandum from IMCIT Board of Trustees regarding LMCIT Property/Casualty Program Dividend. 7. Attached is a memorandum from the Building Inspector regarding fire damage at the Youth Building. 8. In an effort to approve the attractiveness of the Christmas lights that have been placed on the trees in the downtown area, the lower level decorative lights have been disconnected during the holiday season. The high level lights and the Christmas lights provide more than adequate illumination for public protection purposes. Council should be made aware of this issue just in case anyone asks why the lower level lights are not working. When the Christmas lights are removed, the lower level lights will be reconnected. 9. Staff has already received calls from Shakopee residents regarding the disposal of their Christmas trees. The City's refuse contractor has agreed to provide a special Christmas tree collection program. Christmas trees will not be able to be disposed of with regular refuse. The Christmas tree collection days are as follows: All residents East of Holmes Street - Tuesday collection January 2nd, 9th & 16th. All residents West of Holmes Street - Friday collection January 5th, 12th & 19th. All Christmas trees should be placed at the curbside. There will be no alley pick-up of Christmas trees. Two extra service refuse coupons must be attached to the tree in order for them to picked up by the refuse hauler. Notification of the special Christmas tree collection program will be made through the Shakopee Utility Bills and advertisements in the local newspaper. 41 Minutes of the Downtown Ad Hoc Committee City Council Chambers Shakopee, MN October 11, 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. Harry Stock, Administrative Assistant and Council member Zak, Duane Wermerskirchen, Cole VanHorn, Jon Albinson and Mark Miller were also present. Laurent/Wermerskirchen moved to approve the agenda. Motion carried unanimously. Commissioner Laurent requested that the minutes of the September 13, 1989 meeting be amended to show that he was not surprised to hear that several of the larger developers were not interested in submitting a request for proposal. Wermerskirchen/Phillips moved to approve the minutes of the September 13, 1989 meeting as amended. Motion carried unanimously. Mr. Stock stated that on September 20, 1989 the Shakopee Community Development Commission reviewed the draft policy for the proposed commercial/retail development incentive program. At that time, the Commission tabled passing the policy on to City Council for final approval. The Community Development Commission did not feel comfortable approving the proposed program without a suggested level of tax increment support for qualified projects. The CDC also had some concern about capturing 20% of the increment generated by a project for a rehabilitation fund. They felt that this might artificially extend the life of a district. Finally, the CDC suggested that a comprehensive program to deal with the rehabilitation of existing buildings in the downtown area be drafted at this time. Mr. Stock stated that he has drafted a rehabilitation grant program for the Downtown Committee's review and discussion. Mr. Stock stated that the grant program would provide a 25% match to projects in the downtown area that were improving the exterior of their buildings. The funding source for the grant program would be the HRA reserve fund. Mr. Stock stated that he favored a grant program over an interest write down program because in his opinion it would be more enticing to downtown business owners. Mr. Stock stated that an interest write down program may also require more administrative time as compared to a grant program. Mr. Stock stated that grant applications would have to be submitted annually and reviewed by a review team. All projects submitted would have to comply with the building design standards and the downtown sign ordinance. Projects would be evaluated based on a scoring system. No projects would be funded if they did not achieve a minimum of 75 points. Money would be disbursed to the highest scored projects accordingly until the funding source was exhausted. Commissioner Wermerskirchen stated that since we have a housing enforcement program that is taking care of the interior of the structures it would only make sense to develop a program to improve the exteriors of the buildings in the downtown area. He also stated that since we have completed the infrastructure improvements, it would only make sense to develop a program which would stimulate property owners to improve the building facades. Commissioner Wermerskirchen stated that he felt the program should be focused on the building facade. He did not feel that repairing a roof should be an eligible program expense. He felt this was general maintenance. On the other hand, if a property owner materially altered the physical appearance of the roof, it may be appropriate under this program. Commissioner Kahleck stated that she was concerned that some property owners would use this program as a band-aid solution in an effort to improve their building for sale purposes. Mr. stock stated that one of the program criteria required that successful applicants be required to maintain ownership of the property for five years from the date of grant approval. If the building was sold prior to that time, they would have to repay the grant. Commissioner Phillips stated that perhaps a graduated amortization pay-back of the loan could be developed as opposed to a 100% pay- back if a building is sold. It was the consensus of the committee that a graduated pay-back period should be incorporated into the program guidelines. Council member Zak stated that he felt an interest write-down program would serve more people than a grant program. He stated that the interest write-down program should not be ruled out just because it may be more administratively intensive for City staff. Finally, Mr. Zak questioned the level of Council support for a grant program. Mr. Stock stated that the City of Shakopee has had a commercial interest write-down program on the books for over seven years, and to date it has not been used. He felt that this was an indication that an interest write-down program may not be attractive to business owners. Council member Zak stated that perhaps the City's program that is presently available should be re-evaluated, and the incentives should be made more attractive. Perhaps the interest write-down could be increased so that it was a zero interest loan situation. Commissioner Laurent stated that if a selection process is utilized in awarding either an interest write-down program or a grant program, he doubted whether or not the level of complaints would be different between either of the programs. Mr. Laurent also stated that if one calculated the cost difference between an interest write-down program and a grant program he expected that there would be little difference. However, under a grant program it is perceived by the public as a better value when in actuality there may be no difference in cost between the two programs. Discussion ensued as to whether or not a grant program could be combined with an interest write-down program. Commissioner Laurent stated that he felt there was very little difference between a grant program and an interest write-down program. The question is which one would stimulate the most participation by the downtown business owners. Mr. Stock stated that he felt that a grant program would be perceived by the business owners as a better deal. On the negative side, he felt that whenever a grant is mentioned in conjunction with the downtown area it would receive a negative connotation from the public. Discussion ensued on the pros and cons of an interest write-down program versus a grant program. Commissioner Kahleck stated that if it is easier to sell the grant program to the business owners then that is the program we should endorse. Commissioner Laurent questioned why the Community Development Commission was concerned about the 20% allocation from tax increment projects done via the Commercial/Retail program. Mr. Miller stated that the Community Development Commission wasn't so much concerned about the 20% allocation, but they were concerned with the fact that a rehabilitation needed to be developed and implemented as soon as possible. Additionally, a funding source for that program needed to be immediately identified so that a program can be implemented in 1990. Under the Commercial/Retail program proposed by the Downtown Committee, a rehabilitation fund would not have been created until a tax increment project was done that utilized the policy. Jon Albinson stated that the City of Shakopee and the downtown area has a window of opportunity opened to it until the mini-bypass is completed. Between now and the completion of the mini-bypass the City of Shakopee should develop a program that will stimulate downtown property owner interest and enhance the aesthetic appearance of the downtown area. Mr. Albinson also stated that a $50, 000 allocation from the BRA reserve fund would go a long way in improving many structures in the downtown area. Discussion continued on the Commercial/Retail Development Incentive Program. Commissioner Laurent stated that he was looking for a way to regenerate funds from downtown development projects to be placed back into new projects. He felt that the best way to do this was to maintain a 20% allocation from a project utilizing the Commercial/Retail Development Incentive Program. It was the consensus of the Committee to include a provision in the Commercial/Retail Development Incentive Program that captured 20% of the increment from a project to be placed in a rehabilitation fund. It was also the consensus of the Committee to include a program intent provision in the Commercial/Retail Development Incentive Program that specified that the 3-year level of tax increment capture was to be used as a minimum and that some projects may be packaged in a unique fashion which may justify additional tax increment assistance. Kahleck/Laurent moved to recommend to the Community Development Commission approval of the Commercial/Retail Development Incentive Program. Discussion then ensued on the grant program concept. It was the consensus of the Committee that the primary focus of the Rehabilitation Grant program should be building exteriors. Commissioner Laurent questioned whether or not it was clear that the Downtown Committee was attempting to tie the Rehabilitation Grant program to the Commercial/Retail Development Incentive Program. Mr. Stock stated that the Downtown Committee's intent in that regard is not clear. He suggested that he could include a program intent statement in the Rehabilitation Grant Program outlining the funding sources for that program. Mr. Stock also stated that in the cover memo for the Commercial/Retail Development Incentive Program he would attempt to explain the Downtown Committee's intent in tying this program to the Rehabilitation Grant Program in terms of funding. Wermerskirchen/Kahleck moved to recommend to the Community Development Commission approval of the Rehabilitation Grant Program. Motion carried unanimously. Mr. Stock stated that the City of Shakopee is currently pursuing the condemnation of the Railroad Depot and property. The removal of the depot will allow 2nd Avenue to be extended one block to the west. Several persons have requested interest in developing the depot and when the City has secured acquisition, it may be appropriate to solicit requests for proposals on relocating the depot. Mr. Stock stated that he was concerned that the cost for rehabilitating and relocating the depot may make it difficult for a developer and that City financial assistance will more than likely will have to be involved if the City wishes to retain and preserve the depot in the downtown area. Mr. Stock stated that he has met with one developer since our last meeting to discuss possible redevelopment projects in the downtown area. The meeting with Security Development Company was very positive and Mr. Stock stated that he is expecting feedback from the developer within the next two weeks. Mr. Stock stated that he will be attempting to set up meetings with other developers to determine if they have an interest in pursuing a project in downtown Shakopee, and also to gather their thoughts and input on what may be suitable for a development project in the downtown area. Stillman/Wermerskirchen moved to adjourn the meeting at 9:00 P.M. Motion carried unanimously. MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on November 6, 1989 at 4:30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Kirchmeier, Kehart and Cook. Also Liaison Wampach, Manager Van Hout and Secretary Menden. Motion by Cook, seconded by Kephart that the minutes of the October 4, 1989 regular meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 A 6 K Construction 1,424.72 ABM Equipment and Supply. Inc. 16, 625.00 A T 6 T 18.57 Alden Pool and Municipal Supply Co. 350. 00 LaRae K Anderson 200.00 Aqua Engineering, Inc. 95. 00 Auto Central Supply 79.86 Bills Toggery, Inc. 662 .75 Border States Electric Supply 1,902.72 Burmeister Electric Co. 169. 21 Business Outfitters, Inc. 61 .20 Champion Auto Stores 41 . 94 City of Shakopee 329.52 City of Shakopee 173.61 City of Shakopee 2,099.91 Communication Auditors 39. 83 Dick's Conoco 10.00 Feed-Rite Controls, Inc. 70.00 General Office Products Co. 109.76 Glenwood Inglewood 33 .82 Gopher State One-Call, Inc. 287.50 Graybar Electric Co. , Inc. 11,034.80 Iannacone Law Office 720.00 Krass and Monroe Chartered Law Office 17.00 Jerry's Lawn Service 324.00 Leef Bros. , Inc. 22.50 Locators and Supplies 207.35 Metro Sales Inc. 40. 15 � v Minnesota Environmental Quality Board 122 .27 Minnesota Plumbing and Heating 102.00 Minnesota Valley Testing Laboratories, Inc. 56.00 Motor Parts Service Co. , Inc. 50. 50 Ted Neisen 446.50 Northern States Power Co. 332.32 Northern States Power Co. 988. 14 Northern States Power Co. 306,478.73 O'Connor and Hannan 116.60 Office Products of Minnesota, Inc . 549.00 Pitney Bowes 94.50 Plehal Slacktopping 600.00 Precision Laboratories, Inc. 94. 83 Precision Metal Fabricators 7.00 Reynolds Welding Supply Co. 8.58 Schoell and Madson, Inc. 633.66 Shakopee Public Utilities Commission 169. 53 Shakopee Public Utilities Commission 27.86 Shakopee Services, Inc. 66. 00 Simon-Midwest Equipment, Inc. 706 .40 Southwest Suburban Publishing, Inc. 591.40 Starks Cleaning Services, Inc. 102.00 U.S. West Communications, Inc. 357.43 Uniforms Unlimited 500.90 United Compucred Collections, Inc. 225.00 Valley Industrial Propane, Inc. 11 .53 Louis Van Hout 230.29 Viking Steel Products, Inc. 64.75 Westinghouse Electric Supply Co. 1,767.00 Wheeler Lumber Operations 11,058. 50 Wild Iris, Inc. 25 . 38 Yarusso's Hardware Co. 28 .49 Motion Kephart, seconded by Kirchmeier that the bills be allowed and ordered paid. Motion carried. Ken Adolf, Schoell and Madson, Inc. presented an explanation for Pay Request #5 for A and K Construction. All work on the original contract is now complete. A Change Order in the amount of 81, 650 .83 for modifications to the control panel in Pumphouse #2 was presented for approval to the Commission. Sheldon Sorenson, Kaeding and Associates presented to the Commission figures to do a study on a central control system. Motion by Kephart, seconded by Cook to authorize Kaeding and Associates to prepare a study on the central control system for the pumphouse in the amount of $3,875.00. Motion carried. An update on the progress of the Blue Lake 2nd Feed was given by Manager Van Hout. Various problems have arisen which are being dealt with. The Liaison report was given by Mr. Wampach. He informed the Commission that pay raises for them have been presented to the Council for approval . A memo from Dave Hutton, City Engineer regarding Vierling Drive watermain improvements was presented to the Commission. Motion by Cook, seconded by Kephart to authorize the hiring of the firm of McCombs, Frank and Roos, Inc. as the consulting engineer for the water piping on Vierling Drive by Heritage Addn. Motion carried. A meeting was held with Manager Van Hout, Barb Menden, Greg Voxland and Dennis Kraft, City Administrator regarding the billing of residential sewer bills as it pertains to their water consumption. The City will be conducting a survey to find out how other towns are billing sewer. The 1990 operating budget was presented to the Commission by Manager Van Hout. A discussion followed on the operating budget. The 1990-1994 five year plan is in the process of being prepared. A discussion was held as to various additions to plant and operating status which would involve additions to the five year plan . The oversizing costs for the Meadows 2nd Addition were presented to the Commission for payment in the amount of $3, 848.75. Motion by Kirchmeier, seconded by Cook to authorize Payment to Gold Nuggett Development in the amount of $3, 848.75 for oversizing costa for the Meadows 2nd Addition. Motion carried. The status of water availability on Adams Street from 6th Avenue to 3rd Avenue was discussed. The Commission was questioned as to whether water was desired at that location. Additions to the water system will stay status quo at that location for the present. Manager Van Bout informed the Commission that the State of Minnesota is willing to let their Engineer engineer the water replacement as part of the project of the downtown bypass provided that the Shakopee Public Utilities Commission pay their pro-rated share of the engineering costs. The Commission approved using the State engineer. Safety programa for school use are being conducted by the Minnesota Municipal Utilities Association. Manager Van Hout inquired as to whether the Shakopee Public Utilities would like to participate. A recommendation was made by Commission Kirchmeier for a new sign for the substation on the west side of town. There were no new plats for October, 1989. There were five fire calla for a total man hours of one hour and 50 minutes. There were no lost time accidents for October, 1989. The next regular meeting of the Shakopee Public Utilities Commission will be held on December 4, 1989 at 4:30 P.M. Motion by Cook, seconded by Kephart that the meeting be adjourned. Motion carried. 7 Barbara Menden, 'Commission Secretary MINUTES SCOTT COUNTY AGRICULTURAL CLASSIFICATION COMMITTEE NOVEMBER 14, 1989 Members Present: Cy Wolf, Chairman, Sand Creek Township Bill Casey, Credit River Township Duane Deutsch, Helena Township Jerome Wampach, City of Shakopee Member(s) Absent: John Fitzgerald, City of Prior Lake Staff Present: Clifford G. McCann, Deputy County Administrator Brian A. Nasi, Assistant County Attorney Don Martin, County Assessor Leroy Arnoldi, Deputy Assessor Jan Murphy, Administrative Assistant Guest Present: Michael Wandmacher, State Department of Revenue A meeting of the Agricultural Classification Committee was called to order by Chairman Cy Wolf at 2:50 p.m. This meeting followed a meeting of the Committee of the Whole at which Mr. Michael Wandmacher from the State Department of Revenue was present to answer questions regarding agricultural classification within Scott County. The Committee had asked Mr. Wandmacher to meet with them briefly to continue discussion of this issue. Chairman Wolf expressed to Mr. Wandmacher some of the frustrations the committee was experiencing in formulating a definition of agricultural use for the purpose of classification for property taxes. Discussion followed on the various factors that might be considered which included: acreage requirements, definition of business use, zoning regulations - county, city and townships, and how the total property should be assessed if only a portion was used for agricultural purposes. Possible solutions were then discussed. One observation was that property should be considered residential, non-residential or agricultural and that perhaps allowances should be made by the State for an additional classification. Mr. Wandmacher stated that currently if property is not being used for agricultural purposes, it should be residential. Another suggestion was offered that members should contact two representa- tives from each district and ask them to define what is a farmer and what isn't. County Assessor, Don Martin stated that property owners will be Risk Management Advisory Board Approved Page 2 of 2 November 14, 1989 asking his office how they can qualify for the agricultural rating and he would like to have something concrete he could give them. It was the consensus of the Committee that criteria would be established regarding what is agricultural and what is not and the burden of proof would be on the taxpayer. Mr. Wandmacher concurred with this consensus and further stated that the assessors would need to use their own judgment in making a determination in some instances. Deputy Administrator, Cliff McCann, stated that he and Assistant County Attorney, Brian Nasi had been working on a definition of agricultural and asked Mr. Wandmacher if they were correct in establishing the following: - Size of the property is not relevant - Other source or primary source of income is not relevant - Whether the owner is using the property himself or renting the property, is not relevant - Zoning restrictions per County ordinances cannot be considered - Investment in farm equipment cannot be considered. Mr. Wandmacher concurred that the above mentioned were true statements. Be added that most property (98%) of less than ten acresis not considered agricultural. It was necessary to look at exceptions - what could be put on property to consider it agricultural? Mr. Martin pointed out that some property with parcels of 12 - 80 acres could be considered vacant land and not really fall within the definition of agricultural but not totally residential either. These would be the most difficult to determine. After a discussion as to how many parcels are within Scott County that are ten acres or less, Mr. Martin was requested to provide this information at the next scheduled meeting. A brief discussion was held regarding the impact farm programs could have on the agricultural consideration. Also the fiscal disparity law should be considered. The next meeting of the Agricultural Classification Committee is scheduled for December 6, 1989 at 8:00 p.m. in the Scott County Administration Library. Mr. McCann distributed copies of information that was developed by Mr. Nasi and himself regarding considerations for the agricultural definition. Members were asked to review this information and discussion would continue at the next meeting. On a motion by Jerome Wampach, seconded by Bill Casey, the meeting adjourned at 3:30 p.m. � 3 MINUTES SCOTT COUNTY AGRICULTURAL CLASSIFICATION COMMITTEE NOVEMBER 8, 1989 Members Present: Cy Wolf, Chairman, Sand Creek Township Bill Casey, Credit River Township Jerome Wampach, City of Shakopee Members Absent: Duane Deutsch, Helena Township John Fitzgerald, City of Prior Lake Staff Present: Clifford G. McCann, Deputy County Administrator Brian A. Nasi, Assistant County Attorney Tom Hennes, County Auditor Tom Muelken, County Treasurer Don Martin, County Assessor Jan Murphy, Administrative Assistant Chairman, Cy Wolf called the meeting to order at 8:00 p.m. A motion was made by Bill Casey, seconded by Jerry Wampach to approve the minutes of October 18, 1989. Motion carried. It was noted that as previously agreed upon, all future approved minutes of the Agricultural Classification Committee minutes will be forwarded to all Townships and Cities within Scott County. Discussion of Effect of 1989 Omnibus Tax Act Assistant County Attorney, Brian Nasi, reviewed the Omnibus Tax bill and explained how property is taxed consistent with the new tax law. County Assessor, Don Martin also explained how the new tax law will be applied. Review of Mission Statement and Discussion of Definition of Agricultural Use Deputy County Administrator, Cliff McCann reviewed the proposed mission statement for the Agricultural Classification Committee: "To develop relevant, objective, readily measurable and equitable factors to determine primary and principal use for the purpose of classification of property tax." Mr. McCann further stated that the new tax bill, by designating the house, garage and one acre of land as residential, has addressed a significant portion of the equity issue. However, the County Board believes the balance of the issue should be addressed through the development of a definition of "agricultural use" and is asking the Agricultural Classification Committee to establish the definition of agricultural. Agricultural Classification Committee approved Page 2 of 2. November 8 , 1989 The Committee looked at a variety of definitions in Minnesota Statutes and Minnesota Rules. Also, use of the property was discussed in conjunction with the zoning laws in Scott County which, in part, considers animal "units" for zoning purposes. Tax court cases were reviewed and it was noted that different judges have ruled differently as to what constituted agricultural or farm property. It was the consensus of the Committee that certain areas should not be included when defining agriculture: income, valuation, acreage or ocupation of the owner of the property. It was further concluded that only use could be the primary consideration in defining agricultural property; however, this definition could be very broad and open for a variety of interpretations. The County Assessor stated that he would like a definition to give to people when they inquire as to how they can qualify for the agricultural rate on their property taxes. After further lengthy discussion of the definition of "agricultural" for tax purposes, it was the consensus that it was very difficult to make such a determination. It was suggested that the State should develop guidelines or possibly further legislative action was necessary to create a classification in between residential and agricultural. It was also the consensus that the Agricultural Classification Committee plan to attend the presentation to the Committee of the Whole on November 14, 1989 by Mr. Michael Wandmacher from the Department of Revenue on this subject. A meeting of this committee could be held after the Committee of the Whole to discuss any relevant issues. The legislative delegation would also be invited to intend this meeting. The Deputy County Administrator was directed to contact the legislative delegation to invite them to the meeting on November 14, 1989, 1:30 p.m. On a motion by Bill Casey, seconded by Jerome Wampach, the meeting was adjourned at 9:30 p.m. SCOTT COUNTY �I 9 OFFICE OF THE ADMINISTRATOR COURTHOUSE 110 428 S.HOLMES ST. SHAKOPEE, MN 55379-1382 (612)937-6100 JOSEPH F.RIES Administrator CLIFFORD G.WCANN Deputy Administrator BARBARA NESS Eaecug.Asst. DATE: December 11, 1989 TO: All City and Township Officials FROM: Clifford G. McCann, Deputy County Administrator SUBJECT: Minutes of the Agricultural Classification Committee As directed by the Agricultural Classification Committee, enclosed are copies of the minutes of November 8, 1989 and November 14, 1989 to keep you informed as to the actions of this committee. Please feel free to call me if you have any questions. CGM:jm Enclosure c: Agricultural Classification Committee An Equal Opportunity Employer y CITY OF SHAKOPEE BUILDING ACTIVITY REPORT PERMITS ISSUED November, 1989 Yr. to Date Previous Year Number Number Valuation Number Valuation No. YTD. Single Fam-Sewered 3 84 6,000,265 4 76 5,301,291 Single Fam-Septic 1 8 995,000 1 13 1,410, 000 Multiple Dwellings - 2 222,000 - 3 276,800 (# Units) (YTD Units) (6) (6) - (-) (7) - Dwelling Additions 0 72 293,921 - 49 247, 663 Other 1 it 191, 488 1 7 225,995 New Comm. Bldgs - 7 1,568,700 - 4 612 ,200 Comm. Bldg. Addns. 2 3 131,000 - 8 643, 000 New Industrial-Sewered - 1 1,445, 000 - 1 915,000 Ind. Sewered Addns. 2 4 45,268, 637 - 1 575,000 New Industrial-Septic - 1 172,000 - - - Ind. Septic Addns. - 2 170, 000 - - - Accessory/Garages - 42 257, 591 2 32 234,236 Signs & Fences 5 71 154,241 4 63 124,000 Fireplaces/Wood Stoves - 6 19,900 1 10 27,602 Grading/Foundation - 11 1,407,920 3 6 223,700 Remodeling (Res. ) 7 28 153, 190 2 26 112,780 Remodeling (Inst. ) - 1 97,230 - - - Remodeling (Comm/Ind. ) 7 42 2,831,419 4 25 342,220 TOTAL TAXABLE 28 395 61,282, 272 21 324 11, 271,487 TOTAL INSTITUTIONAL - 1 97, 230 - - - GRAND TOTAL 28 396 61, 379, 502 21 324 11, 271,487 No. YTD. No. YTD. Variances - 6 1 10 Conditional Use 1 21 1 22 Rezoning - - - 3 Moving - 1 - 3 Electric 20 307 18 270 Plumbing & Heating 24 348 30 275 Razing Permits Residential 1 2 - 3 commercial - - - - Total dwelling units in City after completion of all construction permitted to date. . . . . . . . 4,377 Jeanette Shaner Building Department Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN NOVEMBER, 1989 8449 J. B. Swedenborg Const. 551 Valley Park Drive Alt. $ 86,000 8450 Dahl Construction 1285 Limestone Drive Alt. $ 5,000 8451 R. Johnson Construction 800 Valley Indust. Cir. Addn. $165, 647 8452 Valleyfair One Valleyfair Drive Addn. $100,000 8453 Valleyfair One Valleyfair Drive Addn. $ 30, 000 8454 Valleyfair One Valleyfair Drive Alt. $ 6, 000 8455 Valleyfair One Valleyfair Drive Alt. $ 2,000 8456 James Hauer 519 Gorman Street Demol. $ 2,200 8457 Minn. Valley Fence 1285 Limestone Fence $ 1,700 8458 B & D Development 119-1/2 Lewis Alt. $ 500 8459 Rick Sames 535 Thomas Avenue Alt. $ 800 8460 Giertsen Company 130-132 E. 1st Avenue Repair $ 20,000 8461 Gardner Bros. 1896 Heritage Drive House $ 72, 400 L 2 B 4 Heritage Place 8462 Irving Wall 1026 E. 10th Avenue Alt. $ 300 8463 Novak Fleck 1332 Pondview Court House $ 59,500 L 6&7 B 2 Meadows 2nd 8464 Highway Host Inc. 1181 E. 1st Avenue Sign $ 700 8465 David Schmitt 1290 Emerald Lane Alt. $ 5, 000 8466 Robert Reller 711 Brook Lane Fence $ 50 8467 Robert Cole 126 Prairie Street Alt. $ 500 8468 Void 8469 David Peters 150 Shumway Alt. $ 2, 000 8470 M. A. Mortenson 6957 T. H. 101 Addn. $45,000, 000 8471 Michael Koehnen 1192 Murphy Court Fence $ 2,500 8472 Goodwin Builders 2543 Onyx Drive House $ 66, 600 1 5 B 4 Hauer-s 4th 8473 The Builders 1428 Maras Street Comm. $172,000 8474 Zahl Equip. Company 936 E. 1st Avenue Alt. $ 5, 098 8475 Terry Hauer 2512 Valley view Road House $175, 000 20-115-22 8476 Eldon Barnard 116 Holmes Alt. $ 500 8477 B & D Development 119-1/2 Lewis St. Alt. $ 3, 000 8478 Tom Bayer Shakopee Town Square Alt. $ 30,000 8479 Mark Kuechenmeister 321 W. 1st Avenue Sign $ 600 W........ WWWWWWWWWW WWWWWWWWWrYYWWYrrrrWWYYYWWW WW T 6NFF�6NNNN WWW r YY rY rr Co. DC Y WpWNYOPPo OVP • OYOVNAWN1O • rOOWWJPNAWNNAWNYOWPoOV • NNr OV 0 TOyD9mmwDG wr2O.NDlyNDlmmTOOCDmNQyymyy3mTrD2020T20ADmmmAO20ZmmmmO20A<mywyyT03$yDDrmKT rA(OGmmtim.J yODZ-�OAm0DyDAQC2ti<0wrm y➢tim2 rwO,rwQmy.r, y1 Q2j rNyQ OOH3y<w90 2 .008- 00S1 .wmAm„myLFrN3y22r"9C;'1rr.40mm9pZy0gQZ02OmQyrmWOm-D1 mmy00wY2Q0 H -1wmwTmtO2 �9yC2-I Om.Dr0 Y J9my2D„Oym I. ,, DWO mO O 2r m0 O O- AL...Op ZQWOtiPm wOOm W. T DA y OTC 00 O00. 0rG Oz0 ..V Om mO $ x M,DD wNC ADOm„Yti rMW-00. 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Dividend checks totalling $7 million will be sent to cities in early December. LMCIT also returned $5 million to cities in 1988 and $4.2 million in 1987. The dividend is possible because of the excellent job member cities have done in avoiding losses. Because municipal liability can be unpredictable, the LMCIT Board allows a good margin of safety in setting premium rates. For the past several years, LMCIT member cities have been very successful in keeping claims and losses down, so the safety margin in the rates hasn't been needed for losses. Those funds, and the investment earnings on the funds LMCIT holds as reserves, can therefor be returned to the member cities. Even after returning the dividend, the LMCIT property/casualty program remains very strong financially. Each year, qualified actuaries review LMCIT's loss experience and project what the ultimate Cost of claims is likely to be. LMCIT holds sufficient reserves not only to cover the claims projected by the actuaries, but also to provide a substantial additional cushion if those projections should turn out to be low. Again this year, the funds will be allocated among member cities according to a formula that reflects the total premiums paid and the total losses incurred by each member city for all years of participation through May 31, 1989. Under this formula, cities that have been members of LMCIT the longest and have been the most successful in avoiding losses get back a proportionally greater share of the surplus. Refund for Shakopee = $33,202.00 Spac _ io 79/ Memo To: Council From: Building Inspector Subject: Youth Building Fire Damage Date: 12/13/89 On November 9th, 1989, some time after 9:00 some one put an oily mop adjacent to the furnace in the furnace room at the youth building. When the furnace ignited, the fumes from the mop ignited and started a fire in the furnace room. The damage consisted of burning all the electrical controls out of the furnace, smoke damage to the walls and ceiling and burning a small area of the floor. The rooms construction without a doubt, saved the entire building from igniting. I have contacted the insurance company and repair people. Everything is being taken care of. A temporary furnace has been installed so the building can still be used. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION CITY OF SHAKOPEE DECEMBER 7, 1989 Mayor Dolores Lebens called the meeting to order at 5:00 P.M. with Councilmembers Joe Zak, Jerry Wampach, Steve Clay, Gloria Vierling and Gary Scott present. Also present were Dennis R. Kraft, City Administrator; Barry Stock, Asst. City Administrator; Judith S. Cox, City Clerk; and Gregg Voxland, Finance Director. Vierling/Clay moved to recess for an executive session to discuss collective bargaining. Motion carried unanimously. Vierling/Scott moved to re-convene. Motion carried unanimously. Discussion ensued on the reorganization of city departments / positions. Consensus was to establish the position of Public Works Director who would be in charge of the Public Works Department and the Engineering Department. Mention was also made about investigating getting authority to take over the water system. Consensus was to continue with the housing code program until it has been in effect for two years and to re-evaluate it then; also, to re-evaluate the amount of staff needed to continue the program. The City Administrator explained what he was looking at recommending to Council for the 1990 pay plan for non-union employees: 1) a 4% salary increase, 2) additional $10.00/mo. toward health insurance, 3) adjusting the 2% salary decrease to employees because of a higher level of insurance premium paid by the city, 4) reviewing the ±5$ corridor for comparable worth, 5) reviewing the position classifications and the 49%/51$ market/comp worth ratio, and 6) that action is needed prior to January 5, 1990 to be effective with the first payroll in 1990. Discussion ensued on the 1990 budget relative to the Stans Foundation Proposal, funding for Murphy's Landing, and Shakopee Community Recreation. Scott/Zak moved to not accept Mr. Stans' offer (of investing $1,000,000 into building a museum in return for the City providing continued operation and upkeep) unless he has enough money added in to generate enough interest annually to operate the facility in perpetuity, so there are no costs to the City; and, that the City not administer the museum, but that there be a private organization that administers it. Motion carried unanimously. It was noted that Murphy's Landing is still interviewing for a curator, that they are computerized and that the artifacts have been inventoried. Cncl.Scott noted that they have increased their income this year and that this would reduce the $50, 000 by that amount. Consensus was that Murphy's Landing demonstrate need when they approach Council for funds. Proceedings of the City Council December 7, 1989 Page -2- The City Administrator reminded Council that the School Board will not be providing any funds for Shakopee Community Recreation in 1991. This has no impact on the City's 1990 budget. Consensus of Council was to have a "Dump Day" prior to the close of the Louisville Landfill in May. It was also suggested to investigate and possibly conduct a hazardous waste collection day in 1990. Vierling/Clay moved to recess to 7:00 P.M. Motion carried unanimously. Meeting recessed at 6:23 P.M. Scott/Vierling moved to re-convene at 7:00 P.M. Motion carried unanimously. Vierling/Clay moved to open the public hearing on the 1990 Budget. Motion carried unanimously. The Finance Director explained that the expenditures in the proposed 1990 General Fund Budget represent an increase of 4. 1% over the original 1989 budget. Property taxes to support the 1990 budget show an increase of 4.4$ on the part of the City plus an additional 20.98 increase to replace state aid that the legislature has taken from the City and shifted to the schools. This is a 25.3$ increase in the City levy, not a 25.3% increase in the tax bill for any particular property. For payable 1989, the City share of a tax bill was 12 cents out of a dollar. Even with this tax increase, the General Fund Budget for 1990 shows a $214,591 deficit or draw down on fund balance. Harry Weinandt asked for clarification of a couple of handouts. He also asked if the fund balance is decreased in 1990 to help pay for costs, would taxes go up the following year. Jim Ramaker asked if the school taxes would go down as a result of the City's going up because of the shift in state aid. The City Administrator responded that the taxes should go down in 1990. Harry Weinandt noted that the County has increased salaries of non union personnel by 7.38. He stated that he doesn't expect the City to do the same. The City Administrator responded that the City's proposed salary increase isn't anyway near that. Cncl.Vierling noted that the auditor's error reduces taxes in 1990, but that it will come back to haunt us in 1991. Vierling/Wampach moved to close the public hearing. Motion carried unanimously. Vierling/Wampach offered Resolution No. 3158, A Resolution Setting 1989 Tax Levy, Collectible in 1990, and moved its adoption. h Proceedings of the City Council December 7, 1989 Page -3- Roll Call: Ayes; Cncl.Zak, Wampach, Clay and Vierling Noes; Cncl.Scott and Mayor Lebens Motion carried Vierling/Clay offered Resolution No. 3159, A Resolution Adopting the 1990 Budget, and moved its adoption. Roll Call: Ayes; Cncl.Zak, Wampach, Clay and Vierling Noes; Cncl.Scott and Mayor Lebens Motion carried Scott/Vierling moved to adjourn to Tuesday, December 19, 1989 at 7:00 P.M. Motion carried unanimously. Meeting adjourned at 7:25 P.M. Judith S. Cox City Clerk Recording Secretary TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA DECEMBER 19, 1989 Mayor Dolores Lebens presiding 1] Roll Call at 7:00 P.M. 21 Liaison Reports from Councilmembers 31 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 41 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. ) *5] Approval of Minutes of December 7, 1989 6] Communications: a] Virgil Mears re: Shakopee Police Civil Service Commis- sion *b] Suburban Rate Authority re: U.S. West "Incentive Regulation Plan'- c] lan"c] George Muenchow, Dir. , Shakopee Community Recreation re: Shakopee's U.S. Olympic Festival 190 Torch Run Local Organizing Committee *d] Gayden F. Carruth, Superintendent of Schools, re: Shakopee Community Recreation e] Ed Dressen re: Heating Unit at Community Youth Building f] Jane Hansen re: Appointment of Manager to Lower Mn. River Watershed District Board of Managers g] Jane Hansen re: Appointment of Manager to Prior Lake/ Spring Lake Watershed District *h] Jon Albinson, Valley Industrial Realty, re: Canterbury Park 3rd Addition 7] 7:30 P.M. Public Hearing on watermain improvements to Vierling Drive from Limestone Drive to approximately 2,000 feet west - BRING FEASIBILITY REPORT received on December 5th, item 12a 8] Boards and Commissions - Planning Commission a] Park Dedication Fees b] Setbacks for Accessory Buildings in Rural Areas - Ord 282 TENTATIVE AGENDA December 19, 1989 Page -2- 9] Reports from Staff: a] Snow Season Parking Restrictions - Ord. No. 281 b] 1990 Fee Schedule - Res. No. 3160 C] Computer Equipment d] Adopted No Smoking Policy *e] Request for Unpaid-Leave-of-Absence f] Sgt. Dennis Anderson Leave-of-Absence g] Police Investigator Pay h] Approve Bills in Amount of $561,386.40 - *i] 1990 Workers' Compensation Insurance *j ] Bloomington Ferry Bridge *k] Change Order No. 10 for Downtown Streetscape, 1987-2 *1] Electrical Contract for 1990 *m] Lease Agreement with Stonebrooke Golf Course Partnership *n] Municipal Parking Lot Leases *o] 1990 Cigarette Licenses *p] Worthless Check Prosecution Agreement 10] Resolutions and Ordinances: a] Res. No. 3157, Setting Hearing on Improvements to Adams Street, Project 1990-3 *b] Res. No. 3162 , Accepting Work on Pavement Preservation Program, Project 1988-8 *c] Res. No. 3163, Accepting Work on Downtown Streetscape, Project No. 1987-2 *d] Res. No. 3164, 1990 Regional Transit Board Contract e] Ord. No. 284 , Establishing Dep't. of Public Works f] Ord. No. 283 , Hotel/Motel Tax q] Ord. No. 285, Dangerous Animals 11] Other Business: a] b] c] 12] Adjourn Dennis R. Kraft City Administrator 64, December 9 , 1989 Mr. Dennis Kraft Administrator City of Shakopee Shakopee City Hall 129 E. 1st Avenue Shakopee, Mo. 55379 Dear Mr. Kraft : The Shakopee Police Commission has some concern about the recent action taken by the Shakopee City Council rescinding a leave of absence granted to Sgt . Dennis Anderson by the Commission. It is the opinion of the Police Commission that it has sole discretion concerning this matter; that , in fact, the commission is the only authority that may grant a leave of absence. Therefore, if the Shakopee City Council continues to disagree with the Commission' s assessment, then the Police Commission is formally requesting a second opinion from either Mr. Rod Krass or the State Attorney General ' s office . In the meantime , the Police Commission considers Sgt . Dennis Anderson to be on leave of absence . Thank you for your attention to this matter . Srie.r a Iyy�/J�/�%�'W Virgi S . MearsO L Sec Cary DEC1 1 ] Sha pee Police Commission C+TY Or SHAKOPEr 6 � Julaus A. COLLEa.II JULIUS ...<oL.Ea Arrow T AT LAW Mesa-ia.o wEs. . Ew E siz us-a,a SHAEOPEE.MINNESOTA 55329 December 14, 1989 Mr. Dennis Kraft, City Administrator Shakopee City Mall 129 East First AVenue Shakopee, Minnesota 55379 Dear Mr. Kraft: The concerns of the Police Commission are well founded because the Commission does have absolute and full control and supervision over the employment, promotion and discharge and suspension of all officers and employees of the Department in accordance with Minnesota Law. Minnesota Statutes 419.05. In view of the foregoing the recent Council action concerning grant of leave of absence to Sgt. Dennis Anderson by the Commission should either be rescinded by the Council or the Council should reconsider and rescind its action. If there are any further questions please feel free to call me. Very truly yours, Jul Shakopee City Attorney JAC/nh cc: Virgil S. Mears RECOMMENDED ACTION: Move to reconsider and rescind the November 8, 1989 Council action to deny and override the Police Civil Service' s granting of a one year leave of absence for Dennis Anderson. EXCERPT FROM CITY OF SHAKOPEE POLICE CIVIL SERVICE RULES WHICH BECAME EFFECTIVE ON AND AFTER MAY 1 , 1977. full pay to an employee injured in the line of duty and temporarily disabled from performing any service in the department. Such leave of absence may extend over the period of such disability in accordance with existing city personnel ordinance. Section 21. •SPECIAL LEAVE OF ABSENCE. (a) A special leave of absence without pay, for a period not to exceed one year in duration, may be granted by the commission to any permanent employee who has had not less than twelve (12) months of continuous service in the department, pro- vided that the employee makes a written request for such leave and states a reason therefore which meets the approval of the commission. (b) At the time of granting each such request for special leave of absence, the commission shall determine whether the employee shall be returned to his same position _ at the expiration of the leave or whether his name shall be placed on the reinstatement register for such position. Section 22. REINSTATEMENT REGISTER. (a) The names of employees who are laid off, and in certain cases those who are granted special leave of absence, shall be placed on the reinstatement register and shall be eligible for reinstatement to their same position, provided, however, that such eligibility shall not continue longer than twelve (12) months after the date of layoff or of the beginning of the special leave of absence. (b) Reinstatement shall be made in the reverse order of layoff, i.e. , the last employee laid off shall be the first one reinstated. When avacancy occurs, certification and appointment shall be made from the names appearing on the reinstatement register before reference to any other register. Section 23. . PROHIBITED ACTIVITIES. No Police Officer or employee of the Police Service shall engage in any occupation which will conflict or interfere with the per- formance of their duties or which may impair their usefulness so= I -/ ( AREAS POLICE CML SERVICE COMMISSIONS §419.05 j wholly ineligible to carve under this section, wise valid, were valid to public and third per- intment to and at. member filed oath of office, though sons,but if qualified appointees fail to qualify ;then, shot. none of such appointees were de jure members for office, under § 351.02, subd. 6, village mormasiun. of commission,in exercise of functions d civil e fac, council could declare offices vacant- Op.Atty. p.Atty.Gen, service mmmission appointees acted other- Gem, 785-E-1, July 3. 1951. ro members and their de farm acts. if 419.03. Meeting a`omnis. The commission shall first meet immediately after its appointment and 'ommission ,old remain thereafter on the first Monday in February each year at which meetings it 11 powers if shall select from its members a secretary who shall serve until a successor is appointed. .r by the elected. The commission shall from time to time fix the times of its meetings, he appoint. and adopt, amend, and alter rules for its procedure. be such an he commis Amended by Laws 1986, c. 444. oro sewing. Historical Nola cion forfeit. Ilerivenon: to qualify. St.Supp.1940. § 1933-50. Laws 1929, c.299. § 3. as of village 491.04. Commissioners to serve without pay ,ember and Each commissioner shall serve without pay but the council may allow the :d member secretary such compensation, not exceeding $100 per year, as it shall deem c, 358-�9. commensurate with the additional service rendered. The council shall pay partmmt of from the municipal treasury all expenses incurred by the commission in ng member- connection with the performance of its duties and furnish it with all supplies, fission. 0p. stationery, and equipment it may require, but all bills and accounts shall be municipality audited and approved by the president and secretary of the commission I ' ime actually before being paid by the council. 'y fire meet. by him, his Amended by laws 1986, e. 444. '} nt. dep�art enc maldwl Note Wriesumne payor mm StSupp.1940. § 1933-51. alified from laws 1929,c. 299,§ 4. civil service 419.05. Duties of commission s S d ,3 film"m" within within The commission shall have absolute control and supervision over the employment, promotion, discharge, and suspension of all officers and em- ber of a vrF ployees of the police department of such city and these powers shall extend to 1 torn holding and include all members of the police department. The commission may not, r commission. 5. however, prescribe any residency requirements for the positions under its j vice commis control, unless approved by the city council. P!} tm the tdfice n of city at The commission shall, immediately after its appointment and organization, n., 358- , grade and classify all of the employees of the police department of the city and a service register shall be prepared for the purpose, in which shall be entered, in their classes, the names, ages, compensation, period of past i 3 under dvg employment and such other facts and data with reference to each employee as l unission was the commission may deem useful. 351 i CONSENT P � b ECE6ySp SUBURBAN RATE AUTHORITY DEN 1 1500 Northland Plaza Building 1989 3800 West 80th Street Minneapolis, Minnesota 554 3 1-4 4 09 O)ry OF SHAXOPEE (612) 893-6726 TO: SRA City Managers and Directors FROM: Glenn Purdue, SRA Counsel DATE: December 1, 1989 RE: U. S. West "Incentive Regulation Plan" On October 30, 1989, U.S. West filed a petition with the Minnesota Public Utilities Commission proposing an "incentive regulation plan" as to telephone rates and equipment Moderniza- tion. The plan calls for authority to increase rates by up to one and one-half percent over the next four years, shared earn- ings above the cap with ratepayers on a 50/50 basis and installa- tion of additional digital switching equipment. This type of proposal is authorized under a new law passed by the 1989 Minne- sota Legislature. Your municipality may have received from U.S. West a brief summary of this plan and a proposed resolution endorsing it. It is important to note that your city is under no obligation to act on this proposed resolution. We strongly recommend that no action be taken until further investigation has been completed. The October 30, 1988 filing date commenced a six month hearing process before the Commission. Interested parties are given the opportunity to intervene and comment on the plan in that hearing. We believe that it is in the best interests of SRA members for the SRA to intervene. This will enable the SRA to be fully apprised of all information relative to the plan and to partici- pate to the extent warranted. The proposed modernization aspect of the plan, standing alone, has significant impact on the metro tier system. The Commission staff is presently reviewing the possibility of a study of the tier system arising out of the Extended Area Service docket. This includes a staff request of U.S. West to compute the tele- phone rate to metro customers if the tier system were completely eliminated. The U.S. West proposed modernization plan would affect rate design by, in our view, further reducing the distance of call-cost correlation underlying the tier system rate design. Accordingly, we recommend that SRA members take no action by resolution on the U.S. West plan. If you have any questions, please contact Jim Strommen (337-9233) or me (893-6726) . ACTION REQUESTED: Direct the appropriate City officials to work with the Suburban Rate Authority on the U.S. West "Incentive Regulation Plan". *lixkWf (Qnmmunity f errextinn Q- 129 129 Levee Drive Shakopee, MN 55379 Phone: 612-445-2742 November 30,1990 Mr. Dennis Kraft, City Administrator City of Shakopee 129 E. 1st Ave. Shakopee, Mn. 55379 Dear Dennis: The purpose of this letter is to request from you to see if the Shakopee City Council would like to designate someone to represent the City on Shakopee's U. S. Olympic Festival '90 Torch Run Local Organizing Committee. Shakopee Community Recreation has been designated to serve as local host organization and has been successful in being able to assure you that this exciting media event will meander through our community. The Local Organizing Committee will plan and administer whatever will take place in Shakopee. Just as with the International Olympics, a Torch Run has been scheduled to precede the U. S. Olympic Festival to be held in Minnesota July 6-15, 1990. The Torch Run will meander throughout the State starting at Duluth on June 3. The "Run" will pass through selected communities going through Shakopee on Sunday, July 1. There will be tremendous media coverage throughout the whole route. The Local Organizing Committee will have a tremendous opportunity to capture the excitement of this state and national happening while planning some sort of an event geared to Shakopee. We know that your entity will want to be represented on this Organizing Committee. The first meeting will be Saturday morning, January 6, 1990 at 9:00 AM at the Shakopee Community Recreation Office, 129 Levee Drive. It is essential that your representative be present at that first meeting. We will be meeting quite regularly then during the months of JANUARY AND FEBRUARY, possible this same day of week, to formalize Shakopee's Torch Run plans by March 1, 1990. I would appreciate hearing as soon as possible who your representative will be. Sincerely, q Georg F4 Muenchow, Dir. Shakopee Community Recreation P.S. Enclosed is some literature to help you to better understand the magnitude of the opportunity GM/jt A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 Moments to Remember U.S. Olympic Festival-'90 will be a time of pride for Minnesota and our people, highlighted by the reuniting of friends and family from near and far. Thousands of Minnesotans will share the special memory of being chosen to ran, bike, canoe, kayak or carry on horseback the Torch during the sic week long state-wide Festival Torch Run. Each city and town through which the Torch passes will be able to set up its own extravaganza around this special event, with most celebrations coordinated with the state's"Celebrate Minnesota 1990"program, designed to showcase Minnesota's uniqueness for the Festival. Tickets for all events, including the Opening Ceremorry, will be reasonably priced and will be available by phone or mail and at participating ticket outlets by early _ 1990. Altogether there will be more than 300 ticketed events to ensure lasting memories for the entire family. Ticket prices for U.S Olympic Festival90 events will range from$4 to$13, with the average price around$7-& This is Your Moment U.S. Olympic Festival90 is an excellent opportunity for you to apply your area of interest. Because the US. Olympic Festival is so large (the largest sporting event ever held in Minnesota), we need the support and resources of the entire community. With 37 different spores represented and the number of support �a services needed, the Festival will require more than 18000 volunteers to participate in a variety of high profile as well as behind the scenes activities. Nearly 200 committees and sub-wmmittees will be involved in helping the Festival go smoothly by coordinating transportation, securitg food,housing, .', ` , ��', VIP hosting and medical support services among many other vital functions , � U.S Olympic Festival=90 is directed by a non-profit corporation, �'`° rhe Twin Cities Festival Organizing C-ommittee, Inc, with representatives of the business, civic and cultural wmmunities on its staff and board of directors.To volunteer your rime or personal skills, xn make a financial wntribution, donate services, facilities or equipment, xn reserve tickets for friends or clients,please contact the U.S Olympic Festival'90 office. You may also Contac[the Festival office if your group or 'r organization would like mom information. Special speakers and an exciting 10 minute videotape are available for presentations and meetings For more information, contact: US.Olympic Festival-'90 Twin Cities Festival Organizing Committee, hic. 1290 Minnesota World Trade Center 30 Fast Seventh Street !$ Sc Paul, MN 55101 (612) 291.1990 U.S.Olympic Festival'90 Events Amhery Curling' Rhyrhmix Gymnastic Te Table nnis Arhletks Diving Roller Skating Taekwondo (Lack and Field) Equesman Rowing Team Handball Badminton Fencing Shooting Tennis Baseball Field Hockey Sasser Volleyball Basketball Figura Skating Softball Wamr Polo Bowling Gymnastic Speedskating Weightlifting Boxing In,Hockey Swimming Wrestling Ca Xayak Judo Synchronized Swimming yachting Cycling Modern Namibian ' Probable Demonsnation Sport �` it Our golden US. Orymp • / Bringing the Moment to Minnesota Our moment is at hand. In 1990, Minnesota will host the 10th - U.S. Olympic Fesrival–Americas largest and most prestigious amateur multi-sport event From July 6th through 15th, the Twin Cities become a major stop on Americas toad to the,I Olympics as 4,200 athletes, [miners and coaches, 1,500 media, 10,000 volunteers, 500,000 spectators and a nationwide television audience in the millions focus their attention on our community, our people and our sports facilities. The entire nation will see world class American athletes–and world class Minnesotans. For the athletes, their moment is a combination of muscle, 1 finesse and determination For Minnesotans, our moment is a combination of planning,volunteerism and hospitality Most of the Festival athletes are �1 preparing for their moment even now–and so must we A Moment For Everyone U.S. Olympic Festival-190 has someddrig for everyone W11 see some of the best athletes in the world competing in 37 different sports. The US Olympic Festival is a proving ground for Americas athletes:Jackie Joyner-Kersee, Carl Lewis, Florence Griffith-Joyner, Greg Long— . . and Minnesota athletes such as Jill Trenary and Duane and Dennis Kozlowski established themselves at past U.S. Olympic Festivals. Members of our 1980 gold medal-wmnmg US Hockey Team were selected at the 1979 Festival. To add even more radiance to Minnesotan golden momem there will also be an Olympic-style Opening Ceremony, a state-wide torch run and a gala Olympic Arts Festival. Athletic events will take place throughout the Twin Cities metropolitan area from Blaine to Bloomington and from Lake Minnetonka to Lake Phalen. The University of Minnesota, the College of St Thomas, Macalester College, Augsburg College, the Metrodome, the St. Paul Civic Center and the Met Center will be venues for the various events,while campus dormitories will house participants in a setting similar to an Olympic Village. History of the U.S. Olympic Festival The U.S. Olympic Festival was started by the United States Olympic Committee in 1978 as a way to inuodure American athletes to the intensity and excitement of competing in a major, multi-sport event. In recent years, the U.S.Olympic Festival has proven to be the foundation for Americas world class reputation at the Olympic and Pan American Games, as well as other international competitions. Top athletes are selected to compere in the Festival by the national governing body of their sport, then divided into four teams representing the North, South, East and West. Medal awatds, TV cameras, crowds of spectators, Opening and Closing Ceremonies and an athlete's village complete the Olympic-style package. Festivals are held every non-Olympic year in such locations as Colorado Springs (7$'79,'83), Syrao"(181), Indianapolis('82), Baton Rouge('85), 7 Id Houston(186),North Carolina('87),Oklahoma City('89), and Los Angeles('91). PLACE STAMP U.S. U.S. Olympic Festival-90 HERE Twin Cities Festival Organizing Committee, Inc 1290 Minnesota World Trade Center 30 East Seventh Street Sc Paul, lvN 55101 �wsN awatnsag :auoydatai 30SOpwonn Aswnaa m Nd iay� d!Z 'teaS 06,-Iupsaj'!dm10 s*fl:woyd-,0 ssalpPy auruN :w ww wrojut PuaS iauo uaptoo a ivawow.wo axew dray w uounypn e n pa Pug [-I la'PO ❑ °/C ❑ mag ❑ SHA ❑ odea lad g$]Ojrapes Aauow 101-9 Aw%pasotan3 =PTA C,-T-. a3aldwAI0 Sy1 ❑ laarunlOA a&nag El sdntsrosuodS arerodioJ ❑ saaueleaddy m4eadS ❑ WPI, ❑ : u0mmi0jut aloes am puas aseald 11e"'ayl u,n dare Pus proal, f"ola9 lat!e"'Ilan - arp alatdurm Atduns 106,-tenpsa3 31"0'S'f I ayl lnoye u Ilumaojul alow m3 r: PaMonul 190 04 4uawoW d 9481 It's Our Golden Moment Dear Fellow Minnesotans: pA. _ The US Olympic Festival-'90 is an exciting moment for our state. We not only get to see world class athletics up close, but we also play host to the entire country. We can showcase our state, our people and our values like never before, and in so doing seta M'"" _ new standard for future US Olympic Festivals to build on. We need your ideas,your help and your spirit an succeed. As you read through - li this material, were sure you'll see a number of oppornmities where your unique skills and interests can be of help. This is the perfect time to get involved! Our staff is ready to match you with the right opportunity.Just call or write our office—we want to hear from you today! Roger P. Parkinson, / John P Kellg Executive Committee v Festival Pres' and — Chairman Executive Director --------- k--------------------- C A I i N A I _rl• ', , •11!!Yr I — IVY —'J �_lyj ------------ ----- own I _ I ' rrYrt —t � 1 L�-!.�_ 1...._..-_.......w►- � ' V i moi. rt I j dam Y Ir '• 1 I 1 � •' �' !Elio I 1 ! I I 1 ImmmW SIONE • 1 ' r 3 I IrYMS: NO awj 41 14 1 ' ri• '• '» ' IT�r I• I • 1 `I • iw I• is itiw It- to I IM , » r r , • wur.i wt 1r w 1 �/,. I� �r rYrI i. Proposed Torch Run Route. . .Numbers are dates in June and July. Names&Faces Going for Local Gold IN THE SUMMER of 1986,Jack Kelly's name was known by almost every resi- dent of Holston.Texas.And he plans to make sure evmone within earshot ofthe Twin Cities metro area knows him and his business before hes done in 1990. Kelly. 43, is the executive director of the U.S. Olympic Festival scheduled to be held in the Twin Cities in July 1990. The festival is America's largest and per. met annual multi-sport event. Held even non-0Ivmpic Games year.it draws more than 4,250 present,put,and future Olympic athlems for 10 days ofcompe- tition in 36 sports. It wu held in the Raleigh/Durham area of North Carolw in City in the summer of 1989. (Because and will held in Oklahoma US. Olympic F oval organizerPark Kelly:a Minnesota impact in the malting. Ciin 1988 was an Olympic yeti,a festival was not held last summer.) Kelly and his wife.Kathy,an accoun- nnebought ahouse inWayzata inJune Kelly to be the fist person to run the "Them arc people who love the fntiral so and arc making Minnesota that new event mom than once.he said"yes:'The much they plan their vacutons during the home.They arc hoping they will find u event brought S20 million to 330 million event and go whernerms to volunteer:' much success hem u they had in that 17 m Houston and Kelly Expem TO make an he says. veal m Houston. equivalent impact in the Twin Cities. The sporting events, which include "If someone is competent,he will find Like the Olympia,the entire festival is figure skating. ice hockey, and speed opportunities anywhere:"Kelly says. funded through corporate sponsorship. skating inaddition toall SummerOlvm- On loan from his position as vice Pres- Among the companies pledging support pie sports. will be open to the public. idem of human resources at Tenneco. so fu are Daymn Hudson, Rainbow Ticket prices will be set low enough to Kelly organized and planned the 1986 Foods,and IBM.Them are three support appeal to families (54414, 325 for the Olympic Festival in Houston.The event levels available: gold patrons give opening ceremony). Activities will take was so successful that he was named 5300000: silver. 5150.000: and bronze. place at almost every sports arena in the Howtonian of the Year by Hausmn City $50,000. In return for its contribution. metro area,including the new velodrome .Magazine and he was muted u"otm ofthe each company will be recognized as the in Blaine and the new aquatic facility to 25 people who have done the most w major supporter of a specific spots as well be built on the site of Memorial Stadium shape ddousmn' by the Hourion Post. as having its time associated with the at the University of Minneson.Both are "The event was so big, whoever did it entire event. bang built specifically for the Olympic would have a major effect on the dry;"he Companies may also sponsor individ- Festival. says modestly. ual events,such as the torch ren,which "Unless you have a major scandal.the After it was over. Kelly sighed with originates at Pike's Peak,or the opening festival is an all-American, apple-pie relief and returned to his position at ceremonies, set to take place at the event;' Kelly says. Thais why running Tenneco. But, little by little. he aught Menodome on July G 1990. the Olympic Festival has been the most himself thinking about how he could "There is a piece of this for everyone:' fun he has ever had.His biggest sasstac- have improved on Houston's festival, Kelly says. Individuals will also have an non,however,comes not trom Impress- whuhe would do ifhe hada chance m do opportunity to become involved. Cur- ing the public,but from impressing his it over. "Once you've done somalung rendy the Olympic Festival hu seven two children, now 20 and 18. 'it as you're totally immersed in for a couple of staff members,but by the time of the fes- such a good feeling when my kids real- years,a regularjob is not sansfactory.-he rival Kelly experts to have more than ized that father couldactuallydosome- explains. 10.000 volunteers putting in 80,000 pew thing big" So when the Olympic communise asked pie hours during the 10-day event. —Hndt Schedurr RlRrri6aaCTr Arlt^NiasulaaauT IME was li lr WaiaaA6glr CORPORATE REPORT MIV ] ESOT \ "ONSENT Shakopee Public Schools Independent School District No. 720 District Office .roan Lynch,Chair 505 S. Holmes Street James Sorensen,wce Chao- Shakopee, Minnesota 55379 Suzanne Van Haut,Clerk Janet wer dt,Treasurer (612)445-4884 Jane Carlson,Director James O'Brian Director Gayden F.Carruth,Ph.D.,Superintendent of Schools Steven Johnson,Director Roraki E.Ward,Director of Ptlminislralive Services Robert Martin.Director of Business Services December 8, 1989 Mr. Dennis Kraft City Administrator City of Shakopee 129 1st Avenue East Shakopee, Minnesota 55379 Dear Mr. Kraft: In formal action taken on November 27, 1989, the Shakopee Board of Education voted to discontinue the Joint Powers Agreement for Community Recreation. Given that one year's notice is required for discontinuance, our joint program will not be affected for 1990. As you are aware, this action was taken as a result of cost containment plans formulated for our November 7 referendum ballot question. The school board especially wanted to make sure that I communicate to you that this action was purely financial in nature and in no way reflects upon the merits of the program. While the board action specifically ends the school district's direct financial obligation for community recreation, we anticipate the continued sharing of "in kind" contributions such as facilities. I will be calling you in the near future to schedule a January meeting so that we can begin planning an orderly transition with a focus on continued facility sharing. Sincerely, `' 3. C Gayden F. Carruth Superintendent of Schools cc: Independent School District #720 Board Mr. George, Muenchow, Director of Community Recreation Ms. Paulette Rislund, Chair of Community Recreation Board RECOMMENDED ACTION: Move to receive and file the letter dated 12-8-89 from Gayden F. Carruth, Superintendent of Schools regarding funding of Shakopee Community Recreation in 1991. b � FROM: EDWARD G. DRESSEN 126 EAST FIRST AVENUE SHAKOPEE, MINNESOTA 55379 TO: THE CITY OF SHAKOPEE CITY COUNCIL 129 EAST FIRST AVENUE SHAKOPEE. MINNESOTA 55379 DATE: DECEMBER 14, 1989 PAGE ONE OF TWO LADIES AND GENTLEMEN OF THE COUNCIL I 'M WRITING YOU TODAY ON BEHALF OF THE SHAKOPEE YOUTH BUILDING. TO DATE THE BUILDING HAS BECOME A TREMENDOUS SUCCESS, FROM THE STANDPOINT OF USAGE AND ACCOMPLISHMENT. AS OF RIGHT NOW THE BUILDING IS BOOKED AN AVERAGE OF SIX DAYS A WEEK, WITH 43 ORGANIZATIONS USING IT. WE'RE SO BUSY UP THERE THAT WE CAN NOT BOOK ALL THE YOUTH GROUPS THAT WANT TO USE IT. FOR HELPING MAKE THIS POSSIBLE, WE CAN'T SAY THANK YOU ENOUGH. RIGHT NOW WE HAVE A LITTLE SITUATION I HOPE YOU CAN HELP US WITH. ON THURSDAY DECEMBER 7, WE HAD A SMALL FIRE IN THE BUILDING. IT APPEARS THAT AN OILED DUST MOP WAS SET TO NEAR THE FURNACE UPSTAIRS AND THE FUMES FROM THAT, IGNITED THE MOP. FORTUNATELY THE FIRE PUT ITSELF OUT. THE DAMAGE WAS MINOR, THE FLOOR WAS BURNT, THE WALLS WERE SCORGED, AND THE FURNACE ELECTRONICS WERE DESTROYED. WE HAD TO HAVE TEMPORARY HEAT PUT IN THE BUILDING BY MINNESOTA HEATING COMPANY. THE COST OF THE REPAIRS WILL BE; $1060.00 TO REPAIR THE FURNACE AND 250.00 TO PUT THE ROOM BACK TOGETHER. WHAT I WOULD LIKE TO DO IS IMPROVE THE SYSTEM AT THIS TIME. SO THAT THIS KIND OF THING CAN'T HAPPEN AGAIN AND SO THAT WE HAVE A SYSTEM WILL SERVE THE BUILDING MANY YEARS IN THE FUTURE. BECAUSE OF THE EXCESSIVE NEED FOR MORE USAGE OF THE BUILDING, WE WOULD LIKE TO PUT DIVIDING CURTAINS IN THE BASEMENT, WHICH WOULD DOUBLE OUR MEETING SPACES, WE CAN'T NOW BECAUSE OF THE WAY WE HAVE OUR HEATING SYSTEM. ALSO THE WAY IT IS NOW, WE COULD NOT AIR CONDITION THE WHOLE BUILDING, ONLY PART. FROM: EDWARD G. DRESSEN 126 EAST FIRST AVENUE SHAKOPEE, MINNESOTA 55379 TO: THE CITY OF SHAKOPEE CITY COUNCIL 129 EAST FIRST AVENUE SHAKOPEE, MINNESOTA 55379 DATE: DECEMBER 14, 1989 PAGE TWO OF TWO SO WHAT I WOULD LIKE TO PROPOSE; IS MOVING THE FURNACE TO THE BASEMENT, WHERE IT WILL BE ON A CONCRETE FLOOR, WITH A SPRINKLER HEAD AND A FIRE PROOF DOOR. I FEEL THIS WILL PRETTY WELL INSURE THAT THIS KIND OF THING WILL NOT HAPPEN AGAIN AND IT WILL SET THE BUILDING FOR LONG TERM USAGE. IT SHOULD BE STATED THAT THE SYSTEM IS ADEQUATE FOR THE BUILDING USAGE AT THIS TIME, BUT IT WOULD BE MORE COST EFFECTIVE TO DQ THE UPGRADE NOW, SINCE WE ARE HAVING TO MAKE REPAIRS NOW. THE COSTS; REPAIR AS IS -- $1,310.00 UPGRADE -- $4, 117.00 DIFFERENCE $2,807.00 KINDLY CONSIDER MY REQUEST. THANK YOU FOR YOUR SUPPORT IN THE PAST. i YOURS IN SERVICE TO OUR COMMUNITIES YOUTH ED DRESSEN 6 � Memo to: Council From: LeRoy Houser Date: 12/15/89 Subject: Heating Unit/Youth Building Introduction Mr. Ed Dressen has contacted most of you regarding funding two new furnaces at the Shakopee Community Youth Center. This request was precipitated as a result of fire damage at this building on December 7th, 1989 which resulted in damage to the existing furnace on the main floor. Background This facility was constructed for the Shakopee Community Youth through the efforts of local service organizations, business and industries and persons in Shakopee who believed there was a need for a facility of this type. The building and its mechanical system was designed and constructed/installed by professionals in the field. The system was judged to be adequate when installed and would still be judged adequate had not a fire resulted that was caused totally by negligence on the part of the building users. Mr. Dressen has requested $5,000.00+ to install two new furnaces which without a doubt, provide a cadillac system for this facility. The problem is, my government building budget does not have $5,000.00. to do this with. It will cost about $1,300.00 to repair the furnace and fire damage of which, about $300.00 will be covered by insurance. I told Mr. Dressen that as far as I was concerned, the $1,000.00 deductible should be paid for by the Youth Committee budget as the fire was caused by their negligence and not a building component malfunction. I met with Mr. Dressen and informed him that I would not authorize the installation of two new furnaces in the building unless he warranted the cost himself. I also told the contractor that if he did install them without my authorization, he had absolutely no lien rights should Mr. Dressen fail to pay for the two furnaces. Alternatives 1. Repair the existing furnace and require the youth committee to pay the $1,000.00 deductible. 2. Repair the existing furnace and pay the deductible. 3 . Install two new furnaces and pay for them. 4. Authorize the installation of two new furnaces and require the youth committee to pay for them. 5. Authorize the installation of two new furnaces and provide matching funds. Recommendation The installation of two new furnaces will without a doubt, provide more utility to the building and certainly is the most desirable option. However, is also the most expensive. The building will function effectively with the present heating design if the furnace can be repaired correctly. Taking into consideration the present budget constraints and the shortage of funds in my government building budget, I would recommend either options 1 or 4. I would also suggest some cast in stone ground rules be developed regarding improvements to this building. I think any proposed improvements to this facility be reviewed and approved by the Council prior to them being undertaken. I would personally like to see this one on one dialogue between the Youth Committee members and Council members be stopped and require them to approach the council as a whole like other duly appointed committees are required to do. MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment of Manager to the Lower Minnesota River Watershed District by Scott County DATE: December 15, 1989 INTRODUCTION• The City has received the attached letter from Scott County regarding the need to appoint a new manager to the Lower Minnesota River Watershed District to replace Jim Kephart. BACKGROUND: Mr. Kephart will be completing his first three year term on March 22, 1990. According to the letter from Scott County, he is eligible to serve another term. The County will make the final appointment from a list of names submitted by cities and townships within Scott County and lying within the watershed district. Mr. Larry Samstad, Watershed District Engineer, has indicated in the past that to enhance the chance that a city's nominee get an appointment, the city should provide the County with a list of at least three names. The last time this position was open, the City received applications from five eligible residents who wished to be considered. They were: Henry R. Spurrier, Jim Kephart, Ray Siebenaler, Fred J. Corrigan, and Delores A. Morke. The Council submitted the names of Ms. Morke, Mr. Siebenaler and Mr. Kephart. The Scott County Board then appointed Mr. Kephart to the position. That part of the attached map highlighted in pink shows the part of the City of Shakopee located within the Lower Minnesota River Watershed District. Candidates for appointment of Manager must reside within this area. Council members should contact individuals whom they feel might be good candidates for this position and be prepared to submit their name to the Council as a whole in January. If any Council member wishes staff to contact individuals, please provide their names to the City Administrator prior to December 29, 1989. December 11, 1989 �$ To: All Government Jurisdictions in the Lower Minnesota River Watershed District - Cities of Shakopee and Savage; Jackson and Louisville Townships From: Jane Ransen Scott County Recording Secretary RE: Appointment of Manager to Lower Minnesota River Watershed District Board of Managers Pursuant to Minnesota Statute 112.42 and the Scott County policy on Citizen Appointments to Scott County Advisory Boards and Committees (Resolution No. 89030 adopted April 11, 1989), the Board of Commissioners for Scott County will be considering the appointment of a Manager to the Lower Minnesota River - Watershed District for a three-year term to begin March 23, 1990. Mr. Jim Kephart will be completing his first three-year term on March 22, 1990, and is eligible to serve another term. No person shall be appointed who is not a voting resident of the watershed district, and none shall be a public officer of the County, State or Federal government, except that a soil and water conservation district supervisor may be appointed as a manager. The appointment will expire on March 22, 1993. Please submit your recommendations for the appointment to the office of the County Administrator as soon as possible. If you have any questions, please contact your commissioner or me at 496-8116. Thank you. cc: Chairman of the Board County Attorney County Administrator File: Lower Minnesota River Watershed District ma �Yn YJ St AS N 114.2 (740 Ic.lie Y. mor r OF dill t POND BASIN uaw 4 •I. u a .• z _ r WER MINNESOTAIRIVER WATERSHED DISTRIC ' -={'.o�4e IJ r_Tu c u.o-[: t I o-r.2 IDFI �.tJ=� YM4 = t [ ' O71 PRIOR LAKE SPRING LAKE WATERSHED DISTRICT .c (1740 3S/? o - - • (7973 AC@ � _ r' 11,4.x �,--i >/� J •r'` l [ [ -- r" SAAD C I �'u Y42T m, u - gFEli _ 14 YRS[-Y_•\ Q s w44 Vll k' . lae AC.. Us CITY of SHAKOPEE'`' - MARCH 1979 ... i COMPREHENSIVE Map 2? nw Ir (911' C.) _ iww ' ASIK Baa i 530 AC.) PI Kkun erm.o J E BASIN EIE i' V � IAINAGE PLAN #(01 MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment of Manager to Prior Lake/Spring Lake Watershed District DATE: December 15, 1989 INTRODUCTION and BACKGROUND: The City has received the attached letter from Scott County advising of an opening as a result of the expiration of a three year term currently held by Mr. James Laabs. According to this memo Mr. Laabs will be completing his second three year term and is eligible to serve a third term. As you are aware, in order to be eligible to serve in this position, one must be a resident of the area governed by the Prior Lake/Spring Lake Watershed District. In the past we have tried to come up with a resident within this area who might be interested in serving in this capacity, but have been unable to do so. Highlighted in yellow on the map attached to the preceding memo addressing the Lower Minnesota River Watershed District is the area within which a candidate must reside for consideration to this position. If Council members are aware of anyone within this area, please submit their name to the City Administrator in order that he may contact them to see if they might be interested in serving in this position. If Mr. Laabs is interested in reappointment, it is very likely that he would be reappointed to this position since he has already served two terms and has become familiar with the responsibilities of this Board. November 27, 1989 `Qf To: All Government Jurisdictions in the Prior Lake/Spring Lake VT1 Watershed District - Cities of Savage, Shakopee and Prior Lake; Spring Lake Township, Sand Creek Township From: Jane F. Hansen Scott County ecording Secretary Subject: Appointment of Manager to Prior Lake/Spring Lake Watershed District Pursuant to Minnesota Statute 112.42 and the Scott County policy on Citizen Appointments to Scott County Advisory Boards and Committees (Resolution No. 89030 adopted April 11, 1989), the Board of Commissioners for Scott County will be considering the appointment of a Manager to the Prior Lake/Spring Lake Watershed District for a three-year term to begin March 3, 1990. Mr. James Laabs will be completing his second 3-year term on March 3, 1990, and is eligible to serve a third term. No person shall be appointed who is not a voting resident of the watershed I, district, and none shall be a public officer of the County, State or Federal government, except that a soil and water conservation district supervisor may be appointed as a manager. The appointment is for a 3-year term which expires on March 3, 1993. The Board of Commissioners requests that you submit your recommendations for the appointment as soon as possible, since this item will be on the Board agenda in January 1990. Please contact your Commissioner, or submit your recommendation to the County Administrator's Office. Thank you. cc: Chairman of the Board PL/SL Watershed District Liaison Co. Attorney Co. Administrator File: PL/SL Watershed District CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Douglas K. Wise, City Planner RE: Canterbury Park 3rd Addition DATE: INTRODUCTION• The City has received a request from Valley Industrial Realty to extend by 90 days, the 180 day time period for filing of a Final Plat after approval of the plat by the City Council. The City Code states that if a plat is not filed within 180 days after approval by the Council, the Council may rescind it's approval. BACKGROUND• On June 20, 1989, the City Council approved the Final Plat for Canterbury Park 3rd Addition. City Code Section 12.03, Subd. 4F states "If the plat is not filed within 180 days after approval by the Council, the Council may rescind it's approval and shall notify the Scott County Recorder/Register of Titles". Although the City Code does not list criteria for determining whether the time period for recording of a plat should be extended, in the past, the City has made the determination on the basis of whether changes have occurred, relating to the plat, which may necessitate the City reviewing the plat again. The City Staff is not aware of any changes that have occurred in the area of the proposed plat that would necessitate a new review and approval of the plat by the City at this time. ALTERNATIVES• 1. The City Council can pass a motion extending, by an initial 90 days, the 180 day time period for recording of the Canterbury Park 3rd Addition Final Plat. 2. The City Council can pass a motion extending, by a different period of time, the 180 day time period for recording of the Canterbury Park 3rd Addition Final Plat. 3. The City Council can pass a motion to not extend the time period for the developer to file 180 day time period for filing of the Final Plat for Canterbury Park 3rd Addition and require the developer to resubmit the plat for re-approval by the City. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Pass a motion granting the developer of Canterbury Park 3rd Addition an additional 90 days to file the Final Plat with the County. • 4 i IR VALLEY INDUSTRIAL REALTY December 6, 1989 Mr. Dennis Kraft City Administrator City of Shakopee 129 First Avenue East Shakopee, MN 55379 RE: Proposed Canterbury Park 3rd Addition Dear Dennis: On June 20, 1989, the City Council for the City of Shakopee passed Resolution No. 3069, approving the final plat of Canterbury Park 3rd Addition. Due to unforeseen circumstances centering around the Chapter 11 Bankruptcy that the owner, Scottland Inc. , is currently operating under, we find we will be unable to accommodate the 6 month filing deadline, as provided for in the City Ordinances as they pertain to subdivisions. We are, therefore, respectfully requesting the City Council grant us an additional 90 days in which to finalize and file the plat of Canterbury Park 3rd Addition. We would expect the issues which we are currently dealing with to be resolved within that period of time and we would then be able to accomplish the filing accordingly. If you find yourself in need of additional information that we may be of assistance in providing, please do not hesitate to call. Otherwise, we look forward to your response on our request. Respectfully, don R. Albinson Broker/Manager C.C. Dick Peterson Matt Kearney Brian Brennan 1244 Canterbury Rd.,P.O.Box 509,Shakopee,MN 55379•Bus.:612-445-3242 Res.:612-472-7925 MEMO TO: Dennis Kraft, City Administrator FROM: Douglas K. wise, City Planner RE: Air Quality Study of the Minnesota River Valley Area DATE: December 15, 1989 INTRODUCTION• At their meeting on October 17, 1989, the Shakopee City Council passed a motion requesting that the Minnesota Pollution Control Agency undertake an air quality study of the Minnesota River Valley Area within Shakopee. Attached is a copy of the Minnesota Pollution Control Agency's response to the above request made by the City. BACKGROUND: After discussing their concerns regarding the air quality in the Minnesota River Valley Area, the Planning Commission passed a motion recommending to the City Council that a request be made to the Minnesota Pollution Control Agency to undertake a study of air quality in the River Valley Area. At their meeting on October 17, 1989, the Shakopee City Council passed a motion requesting that the Minnesota Pollution Control Agency undertake an air quality study of the Minnesota River Valley Area within Shakopee. The Minnesota Pollution Control Agency has responded to the City's request, indicating that they do not have sufficient staff and resources to undertake a full scale air quality study within the River Valley Area. The Pollution Control Agency has indicated in their letter that they do have some extra High Volume Air Samplers, which could be loaned to the City of Shakopee to assess air quality for total suspended particulate matter. The Pollution Control Agency would make the equipment available to the City and the City would be responsible for mounting and providing the required electrical hookup for the samplers. These samplers would most likely be located on the roof of existing buildings or in an open area. It would be the responsibility of the City to provide staff to remove a filter from the machines every six days and mail the filter to the Minnesota Pollution Control Agency for their testing of the sample. The Pollution Control Agency has indicated that they would provide assistance to the City in determining the appropriate locations for the equipment and in provide laboratory services to analyze the samples received from the equipment. ALTERNATIVES• 1. The City Council can pass a motion acknowledging receipt of the letter and that the City does not wish to borrow the equipment and pursue further the testing of air quality in the River Valley at this time. 2. The City Council can pass a motion acknowledging receipt of the letter from the Minnesota Pollution Control Agency and b direct staff to further investigate the borrowing of MPCA equipment to test suspended particular matter in the air and provide Council with an estimate of the cost to the City. 3 . The City Council can pass a motion acknowledging receipt of the letter from the Minnesota Pollution Control Agency and indicate to the Pollution Control Agency that the City wishes to borrow the equipment and undertake a study of suspended particulate matter. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REODESTED: Offer and pass a motion as outlined in Alternatives #1, #2 or #3 listed above. Minnesota Pollution Control Agency 520 Lafayette Road, Saint Paul, Minnesota 55155 p� A A / Telephone (612) 296-6300 November 3A 1989 Mr . Dennis Kraft City Administrator City of Shakopee 129 East First Avenue Shakopee , Minnesota 55155 Dear Mr. Kraft : This letter is in response to your November 7 , 1989 , letter wherein you requested an air quality study of the Minnesota River Valley area within Shakopee. Unfortunately, resource limitations prohibit our conducting such an air quality study at this time. Mr. Gary Eckhardt of my staff talked to Mr. Douglas Wise in your office about what services could be supplied by the Minnesota Pollution Control Agency (MPCA). MPCA has some extra High Volume Air Samplers which could be loaned to the City of Shakopee to assess air quality for total suspended particulate (TSP) matter. MPCA could provide the samplers , filter samples , gravimetric analyses and resultant data. MPCA could also provide assistance in locating sites and quality assurance audits. MPCA could not physically prepare the monitoring sites (for power , leases , stands , etc. ) nor could MPCA operate the sites. Shakopee would have to provide resources to conduct the monitoring effort and analyze the resultant data. MPCA does not have extra sulfur dioxide , nitrogen dioxide , and carbon monoxide monitors at this time to conduct air quality studies for those pollutants. As an alternative , the City of Shakopee could consider requiring potential developers to monitor for a period of time as a permit condition for development. The MPCA would be willing to advise the City on what type of monitoring would be most useful. Regional Offices: Duluth • Brainerd• Detroit Lakes• Marshall • Rochester Equal Opponunry Employer Printed on Recycled Paper 6 �= Mr. Dennis Kraft November 30, 1989 Page Two If the City of Shakopee is interested in pursuing the conduct of a TSP study utilizing loaned equipment from the MPCA, please contact Mr. Gary Eckhardt at (612) 296-7802 and he will make arrangements to loan you the equipment and services mentioned above. Sincerely �� n . Michael Valentine Director Division of Air Quality JMV:eam3.80 K T • ^ ^ RnhertJ B. Muir Phillip R.Kras• I'LCJ�lh/`il`Vl' 1l`ll` lachlan B.Muir Omnis L.Mcmme ' ams B.WB Barry K.Meyee MONROE Cullers M.Read, Jay D.Gddhel'g Orlin D.7e Slaa+ 71ewr R.ftmn cnarter�J Patricia A.Ndlee Mark J.Moxnesvx .�uwrnatnai s»W xAls WnNei hfalfd'na Oane M.Carlam .a�namwm n,swu mmu December 19, 1989 City Council Members City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Lawsuit Against Mayor Lebens Our File No. 1-1373 Dear Council Members: Now that the dust has settled from the recent political campaign. I thought it an appropriate time to respond to certain statements made about me and my representation of the City by Mayor Delores Lebens in her October campaign piece. You may have noticed that in that campaign piece, Mrs. Lebens made several complaints about my actions to which I would like to respond. Before doing so a short summary of what had occurred prior to this time is necessary. The City Council had passed a resolution authorizing the sale of general obligation tax increment bonds needed for the construction of a new bridge across the Minnesota River into downtown Shakopee. The Mayor refused to sign the resolution and apparently informed the City Council she may not sign the bonds. Meanwhile, pursuant to previous Council direction, the City's financial adviser, Springsted & Associates, had been proceeding toward a bond sale in early October. Upon learning of the Mayor's refusal to sign the required documents, Springsted sent a letter dated September 19, to the Mayor and City Council members I to sign these documents. Springsted indicated concerning the Mayor's refuse that as part of the bond sale, the City needed to disclose the fact of the Mayor's refusal to sign documents or face potential lawsuit if the City was unable to produce the required documents after a good faith purchaser bid on them. Springsted in its letter indicated such a situation could result in the bond purchaser suing the City and perhaps more importantly Springsted suggested that investors would probably penalize the City in its future bond sales as a result of this experience by either higher interest rates or refusing to bid at all on our future bonds. Springsted also said that if the situation regarding the Mayor's refusal to sign documents was disclosed, there was a high probability that no one would bid on the bonds. Lastly, Springsted said that the matter had to be resolved by October 3 so that a supplemental mailing could be distributed to the underwriters who were considering buying these bonds. That was the situation the City Council faced at its meeting on Tuesday, September 19. At that meeting, the Council directed me to commence action against the Mayor in an attempt to require her to execute the documents. Reply m:Maischall Rna6 Business Center,329 Marsrlmll Reed.P.O.Bu 216.Shakopee.%Iur to 55379'h4eph001(612)44r,5080 Fr4C(612)4454646 Southpoint Center.Suite 1100.1650 Neal 82n6 Slim.Bloominaun.Mlnnesrda 55431 4elepho .(612)8855989 FM(612)8855969 Page -2- December S. 1989 The Mayor, in her campaign literature, seems upset that she was served with a summons to appear in court just two days after the City Council meeting of September 19. In view of the problems she had created, it is difficult for me to understand why she would not expect the City Council to move as quickly as possible to try and save the taxpayers from paying the damages outlined in the Springsted letter. The writ of Mandamus ordered Mayor Lebens to appear in court on the 26th of September. The first hearing in a mandamus matter is for the court to determine if there are factual issues in dispute and if so, to set a trial for the resolution of those factual issues. Mrs. Lebens appeared at that hearing as did I. After listening to both of us, the Judge determined that there were no factual issues in dispute, but that the only dispute was a legal interpretation of whether or not Chapter 183 was part of the old City Charter that was repealed in 1975. This was not a question of fact, but one of law, and consequently the Judge did not order a trial, which would have been a waste of time, but took the matter under advisement to research the legal question of whether Chapter 183 was still a law on the books which governed the conduct of the City of Shakopee, or whether it was part of the City Charter which was repealed by the legislature in 1975. There was no testimony presented by either side and, in fact, the only document the court received was a copy of the 1966 City Charter prepared by City Attorney Julius Collar after the passage of Chapter 183 in 1965. The 1966 version of the City Charter was approved by the City Council and reviewed and approved by then City Recorder Melvin Lebens, the Mayor's husband. Chapter 183 was included in the City Charter of 1966. Consequently, it is apparent that Mr. Lebens, who participated in the placing of Chapter 183 in the City Charter that was published that year, and I must assume his wife the Mayor, both understood and recognized that as far back as 1966 Chapter 183 was considered to be part of the Shakopee City Charter and was therefore repealed when the Charter was repealed in 1975. For the Mayor to contend that Chapter 183 was not part of the repealed Charter in view of her husband's participation in the publication of the 1966 version of the City Charter which included Chapter 183 is difficult for me to understand. I enclose again a copy of the Findings of Fact, Conclusions of Law and Order for writ of Mandamus, as well as the Memorandum submitted by Judge Fitzgerald in deciding this case. I also enclose a copy of the Springsted letter referred to above. Judge Fitzgerald has been a District Court Judge in Scott County since 1964, and prior to that he practiced law including representing cities and indeed at one time in his career served as a member of the Minnesota State Mouse of Representatives. Few members of the judiciary were better equipped by way of background and experience to deal with this legal issue. For the Mayor to suggest that I "stole" this legal decision is nothing short of absurd. Judge Fitzgerald found that Delores Lebens had an obligation and an administrative duty to execute the resolution and the bonds as authorized by the City Council. He further found that her refusal to execute these documents would subject the City of Shakopee to serious damages and result in the inability of the City to sell the bonds. The Judge also found that Mayor Lebens failed to demonstrate good cause for refusing to sign the bond resolution or any other documents needed to sell those bonds. Judge Fitzgerald made his decision based on the law. The Judge did his own legal research and came to his own conclusion. Page -3- December 3 December 8, 1989 U The Judge found that Mrs. Lebens was wrong in what she did and ordered her to sign the resolution and all of the bond documents. Moreover, he did it quickly and efficiently and within the time frame set by Springsted in its September 19 letter to the City so that the taxpayers did not end up paying the costs of the Mayor's refusal to do her statutory duty. If Mrs. Lebens felt Judge Fitzgerald's decision was erroneous, she could have appealed that decision as she and her husband have done previously when they have lost lawsuits with the City. I am pleased that our judicial system was able to deal with this problem in less than two weeks so that the public was not penalized for Mrs. Lebens' actions. "Justice delayed is justice denied" is an old axiom in the law and in this case a very accurate one. It is unfortunate that even after a respected District Court Judge ruled that Chapter 183 had been repealed, an elected official who has sworn to uphold the laws of the State of Minnesota would write in her campaign literature that as long as she is Mayor Chapter 183 is still valid. If any members of the Council have questions relating to the lawsuit against Mayor Lebens or the Judge's decision, please do not hesitate to contact me. Very trulyyours, OAttoS.Pey A RED ass aw PRK:mlw lSPRINGSTED r 6 �PUBLIC FINANCE ADVISORS 85 East Sewmr.Placa Sune id.^ _ Seim Paul.ounces.,55101 i14 612-223.3.x FAX 612 2233002 September 19, 1989 Mayor Dolores Lebens Members, City Council Mr. Dennis Kraft, Administrator Shakopee City Hall 129 East First Avenue Shakopee, MN 55379 Re: Disclosure0 Generali Obligation lTax Increment Bonds. Serio Sign Documents eso1989Ble of $1,635, In the marketing of its bond issues, the City is required to disclose to potential bidders any conditions and events which may affect the creditworthiness of the security and the capacity to conclude the sale transaction. These disclosures are made in the marketing document for the issue, the Official Statement. We understand that at present the Mayor is refusing to sign GeneralObligation any documents relating to the sale of the $1,635,000 Bonds, Series 1989B (the "Bridge Bondsh. We are considering aa recommentlation as to Tax Increment co disclosing this situation in the Official Statement. We believe there are potential adverse financial impacts whatever the decision is on disclosure. Our purpose here is to inform the City of the alternative negative impacts on each side of the disclosure question. We would like to assure the City that whatever the decision is on the Bridge Bonds, it should not adversely affect the other issue,the"Storm Sewer Bonds." If this situation t not disclosed and the , th n the unle to settle derwriter(s)?who have purchased the he issue because of the inability to execute the closing documents, issue, will have incurred substantial costs and will have, in all likelihood, already sold the bonds to their investors. The underwriter(s) will have to absorb the costs and notify their investors that the investment transaction cannot occur. There is Tittle chance of a financial remedy for the underwriter(s) and the investors. The potential negative impact is that the underwriting community and the investors will probably penalize the City in its future issues as a result of this experience either by higher interest rates on a subsequent bond sale, or, as an extreme measure, by refusing to bid on a future issue. 9 it were to come to light that the City knew before the bond sale of the potential for not being able to settle the bonds and did not disclose this,the underwriter could have grounds for a lawsuit. If the situation is disclosed, there is a high probability the City will not receive any underwriters, bids, since an underwriter wants to expose himself to as little risk as possible. If the City does receive a bid, there is a good likelihood that it will be at an interest rate far higher than would normally be the case because of the risk to the underwriter. The City does have the option of not awarding the sale it any bids are received. The decision to disclose will in part be influenced by the ability to resolve the situation prior to settlement of the issue. By terms of the Notice of Sale, settlement must occur within 40 InC:ana o@Oe. wisconsm Oifice' 500 Elm Grove Road.Sue=101 251 ^loon uIiWIS Sveel204-1190 Sim Glove.w,sconsm 531220037 namr,apas.lnoiara a620. t9a2 414.782-8222 3172373636 Fax'4:4�782-29N Fax 31723'3639 APPENDIX B City of Shakopee, Minnesota� ( , September 19, 1989 Page 2 days following the date of sale. The date of sale is October 3, so that-the 40-day period would conclude on November 13. However, as a practical manner, in order to schedule the closing and prepare the documents, the last possible day for this situation to be resolved in order to settle the issue is Friday, November 3. The Official Statement is scheduled to be printed tomorrow, September 20. Unless there is now assurance that the situation can be resolved prior to November 3, we recommend disclosure in the.official Statement.- If the situation is disclosed and events change prior to October then a City tomorrow morning tolldeterm determine the status can be tofthe Issue.to the underwriters. We will Please feel free to contact us if we can be any further assistance. Respectfully, '',, >> eo24Corliss ,eek Vice President and Section Head, Analysis Section mmr STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT CASE TYPE: (2.Z VIL ----------------------------------------------------------------------------- _. --- City of Shakopee, 'N-O?�&/ Court File No. Petitioner/Plaintiff, - vs. - FINDINGS OF FACT, CONCLUSIONS OF LAV AND ORDER FOR Dolores Lebens in her VRIT OF MANDAMUS capacity as Mayor of the City of Shakopee, Respondent/Defendant. ----------------------------------------------------------------------------- The above-captioned matter came on for a hearing on a Vrit of Mandamus before the undersigned, one of the Judges of the above-named Court. The Petitioner/Plaintiff appeared by Phillip R. Brass of Brass 6 Monroe Chartered, 327 South Marschall Road, Shakopee, Minnesota, and Respondent/Defendant Dolores Lebens appeared in her capacity as Mayor of the City of Shakopee. Upon all files and records and proceedings herein, the Court makes the following: FINDINGS OF FACT Z. The City of Shakopee is a body politic and corporate, organized under the laws of the State of Minnesota. II. The City is a statutory city governed by a city council comprised of an elected mayor and five elected council members governed by Minnesota laws, Chapter 412. The mayor and each council member each have one vote on the city council. A majority of affirmative votes of the Council is necessary to adopt -1- SEP CCOTT r"--r, --••- a resolution. III. Dolores Lebens. Respondent/Defendant herein, is the Mayor of the City of Shakopee and as such is authorized and required to sign resolutions passed by the City Council. --- The City has been working toward the implementation of a plan known as •Highway 169 - 101 Bridge and Mini By-Pass' (hereinafter referred to as -By- Pass-) . V. The By-Pass plan has been approved by the Minnesota Department of Transportation which has agreed to fund a major portion thereof. VI. To fund the City portion of the cost of said By-Pass, on September 12, 1989, the City Council adopted Resolution No. 3114, by a vote of three affirmative and two negative. This Resolution authorizes the sale of General Obligation Tax Increment Bonds, Series 1989E which are necessary to finance this project. VII. The Mayor of the City of Shakopee, Delores Lebens, has refused and continues to refuse to sign the Resolution and has stated that she will not sign the Bonds issued pursuant thereto, or other documents necessary and convenient to effectuate the Bond sale authorized by said Resolution. VIII. The City has taken all actions necessary to properly adopt said Resolution and said Resolution lacks only the signature of the Mayor of the City of Shakopee, Dolores Lebens. -2- I > U IX. Dolores Lebens, i�n her�caapacity as Mayor of the City of Shakopee, has an obligation anvuty to execute said Resolution and the Bonds contemplated thereby and all other documents necessary and convenient to effectuate the Bond sale authorized by said Resolution. X Failure by Mayor Lebens to execute the Bonds and all other documents necessary and convenient thereto will subject the City of Shakopee to serious damages. XI. Mayor Lebens' refusal to execute the Resolution, Bonds, and other necessary documents will result in the inability of the City tosell said Bonds as authorized by the Resolution adopted by majority of the City Council. XII. Mayor Lebens, at the hearing on the Alternative Writ of Mandamus, failed to demonstrate good cause for refusing to sign Resolution 3114. XIII. Mayor Lebens further failed to demonstrate good cause for refusing to sign any Series 1989E Bonds or any other documents necessary and convenient to effectuate the intent of Resolution 3114. CONCLUSIONS OF LAW 1. That Resolution 3114 was properly adopted by the City Council on September 12, 1989, for the City of Shakopee. 2. That Dolores Lebens, in her capacity as Mayor of the City of Shakopee, is obligated and required to sign Resolution 3114 and the General Obligation Tax Increment Bonds, Series 1989E contemplated thereby and all other documents necessary and convenient to effectuate said Bond sale authorized by -3- said Resolution. 3. That Mayor Lebens is vithout good cause or legal justification for refusing to sign Resolution 3114, and the General Obligation Tax Increment Bonds, Series 1989E contemplated thereby and any other documents necessary and convenient to effectuate the Bond sale authorized by said Resolution. ORDER IT IS HEREBY ORDERED that the attached Vrit of Mandamus issue requiring Dolores Lebens in her capacity as Mayor of the City of Shakopee to execute and sign Resolution 3114, the General Obligation Tax Increment Bonds, Series 1989B contemplated thereby, and all other documents necessary and convenient to effectuate the Bond sale authorized by Resolution 3114, and upon her failure to do so said Resolution and all such Bonds and other documents are determined to be valid and effective vithout her signature and upon the signature of the duly appointed Acting Mayor (a/k/aIT 'Dated this day of989.4iter$a -4- MEMORANDUM ' v The legislature clearly stated its intent when it formulated a uniform code of municipal government under Minn. Stat . Sec . 412.014 (1973) . The statute states : Subdivision 1 . Legislative findings ; policy.- The _ . legislature finds that the laws relating to villages, boroughs and cities without home rule charters are characterized by unnecessary duplication and inconsistency of treatment : that confusion as to the application of such laws exists because of the imprecision of the terms village , borough and city ; and that it is desireable that all such municipalities be governed by a uniform code of statutes in order to provide them with a modern form of lcoal government and to reduce the volume of special legislation relating to municipal government . While 1965 Minn. Laws 183 may not have been explicitly repealed by the Minnesota Revisor of Statutes , in accordance with Minn. Stat . Sec . 645 .39 (1941 ) , an implied repeal occurred when the uniform code was adopted . Minn. Stat . Sec . 645 .39 (1941) states in relevant part : When general law purports to establish a uniform and mandatory system covering a class of subjects, such law shall be construed to repeal preexisting local or special laws on the same class of subjects. In this case, the legislature enacted a uniform and mandatory system for municipal government . While Minn. Stat . Sec . 412.015 (1973) contains no clause purporting to repeal or amend 1965 Minn. Laws 183 , such a provision is unnecessary. "A later statute covering the entire subject matter of and intended as a substitute for an earlier one, although it does not expressly refer to or purport to amend or to repeal it , operates to repeal it by implication, for the reason that the later L U statute is the last expression of the legislative will . " City of Jackson v. Jackson Countv, 214 Minn. 244 , 7 N .W .2d 753 , 756 ( 1943) (citations omitted) . " If a later statute accomplishes the purpose intended to be accomplished by a previously enacted statute but by obviously different methods and in a different - manner , the later statute supersedes and repeals the earlier one . " City of Jackson . 7 N .W .2d at 756 (citation omitted) . Such is the case here . The special law of 1965 Minn . Laws 183 is impliedly repealed . The uniform code of municipal government must be followed . The Mayor must do her ministerial duty and sign the bonds issued and the supporting documents. J .M.F. STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT CASE TYPE: CIVIL _____________________________________________________________________________ City of Shakopee, Court File No. 69-09961 Petitioner/Plaintiff, VS. WIT OF MANDAMUS Dolores Lebens in her capacity as Mayor of the City of Shakopee, Respondent/Defendant. _____________________________________________________________________________ THE STATE OF MINNESOTA TO DOLORES LEBENS, GREETINGS: This Court commands you, immediately upon receipt of this Vrit, to sign and execute Resolution 3114, and all Series 1989E Bonds and other documents necessary and convenient to effectuate the intent of said Resolution, all in your capacity asMayor of the City of Shakopee. Dated this 28th day of September, 1989. BY THE COURT: John M. Fitzgerald John M. Fitzgerald, District Court Judge Greg E s5, Court Administrator PLEASE BRING THE FEASIBILITY REPORT FROM YOUR DECEMBER 2 , 1989 PACKET. MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Engin er SUBJECT: Vierling Drive Watermain DATE: December 13 , 1989 INTRODUCTION: Attached is Resolution No. 3161 , Ordering an Improvement and the Preparation of Plans and Specifications for Watermain Improvements to Vierling Drive from Limestone Drive to Approximately 2 ,000 Feet West, Project No. 1990-2. BACKGROUND: On November 8 , 1989 the City Council ordered the preparation of a feasibility report for watermain improvements to Vierling Drive from Limestone Drive to approximately 2,000 feet west as a result of a petition received. The petition was a requirement of the final plat approval for Heritage Place 2nd Addition. The City Council also authorized McCombs , Frank and Roos Associates, Inc. to complete the feasibility report. The report has been completed and was submitted to City Council on December 5 , 1989 . Consequently , a public hearing was scheduled for December 19 , 1989 by Resolution No . 3156 to consider the improvements. The engineer for McCombs, Frank and Roos, Inc, will be at the December 19 , 1989 public hearing to give a presentation on the feasibility report. The Shakopee Public Utilities Manager and I have reviewed the feasibility report and find it acceptable. Several Council members have inquired as to why the watermain was not installed at the time the street was constructed . Staff would like to provide Council with additional background information in response to those questions. In 1987 , a feasibility report was prepared by the previous City Engineer on the improvements to Vierling Drive from C. R . 16 to C.R. 17. The feasibility report indicated that that portion of Vierling Drive, including all utilities, located within Hauer' s 4th Addition would be constructed by the developer . Those improvements were constructed in 1987. The feasibility report also discussed the completion of Vierling Drive, from Hauer' s 4th Addition to C . R . 17 • The report discussed several alternatives including constructing the street only, constructing the street and utilities or making no improvements. I Because this portion of Vierling Drive was basically going through raw undeveloped land that had not been platted, the report concluded that there would be several disadvantages to constructing the sewer and water at that time, as follows: • The location of manholes and sewer stubs for fewer streets would be difficult to determine without any intersecting streets platted. • The location of future watermain crossings for future intersecting streets would be hard to determine. • Because of the difficulty in locating the sewer and water crossings, additional street cuts would be required in the future to make the connections. Because of the above unanswered questions, the feasibility report made two recommendations. If the vacant land was platted prior to the construction of the street, it recommended installing the utilities . If not , it recommended postponing the utility construction until such time as development requested them. The feasibility report indicated that the future watermain and sewers could be constructed in the boulevards to alleviate any street cuts in the new Vierling Drive and any crossings would be jacked under the street for the same reason. The City Council concurred with the recommendations in the feasibility report and consequently, the utility construction was deleted from the project. In 1989 , Heritage 2nd Addition was platted which generated the request to install watermain in Vierling Drive. The watermain will go in the south boulevard and all crossings will be jacked under the street. At the conclusion of the public hearing, if the City Council feels that this project should be constructed , attached is Resolution No. 3161 , which orders plans and specifications prepared for the project for Council consideration. Staff is also requesting that consideration be given to utilizing the engineering firm of McCombs, Frank & Roos Associates, Inc. to prepare the plans for this project. Their engineers are very familiar with the project since they prepared the feasibility report and also designed the streets for Heritage Place and much of the preliminary design work for the watermain has already been done. If Council concurs, staff should be directed to obtain a proposal from them for these services. ALTERNATIVES: 1 . Adopt Resolution No . 3161 , which orders plans and specifications prepared for this project. 2. Do not adopt Resolution No. 3161 . 3 . Table Resolution No. 3161 . RECONNENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: 1 . Offer Resolution No . 3161 , A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Watermain Improvements to Vierling Drive from Limestone Drive to Approximately 2 ,000 Feet West, Project No. 1990-2 and move its adoption. 2. Direct the appropriate City staff to solicit a proposal from McCombs, Frank, Roos and Associates, Inc. to perform design services associated with this project. DH/pmp MEM3161 RESOLUTION NO. 3161 / A Resolution Ordering An Improvement And The Preparation of Plans And Specifications For Watermain Improvements to Vierling Drive From Limestone Drive to Approximately 2,000 Feet West Project No. 1990-2 WHEREAS, Resolution No. 3156 , adopted on December 5 , 1989 , fixed a date for Council hearing on the proposed improvement of Vierling Drive from Limestone Drive to approximately 2 ,000 feet west by watermain ; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 19th day of December 1989 , at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That the improvement is ordered as hereinafter described: Installation of Watermain on Vierling Drive from Limestone Drive Westerly for Approximately 2 ,000 Feet. 2. David Hutton, City Engineer is hereby designated as the engineer for this improvement. They shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota , held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19_• City Attorney ?dj MEMO TO: Dennis Kraft, City Administrator FROM: Douglas K. Wise, City Planner RE: Park Dedication Fees DATE: December 14, 1989 INTRODUCTION• At their meeting on December 7, 1989, the Planning Commission had a Public Hearing on proposed changes to the City's Park Dedication Fee Schedule. After closing the Public Hearing, the Planning Commission passed a motion recommending to the City Council that City Code Section 12.07, Subd. 5, be amended to increase Park Dedication Fees. BACKGROUND: In the fall of 1988, the City's Community Development Commission and Planning Commission reviewed the existing Park Dedication Fee Schedule and held a Public Hearing on proposed changes to the Fee Schedule. After the Public Hearing was closed, the Planning Commission recommended to the City Council that the City Code be amended to increase Park Dedication Fees. At that time, the City Council tabled adoption of a new Park Dedication Fee Schedule until such time that the park portion of the Comprehensive Plan update could be completed. This portion of the plan has been completed in draft form and the Planning Commission and Community Development Commission are now recommending amendment of the Park Dedication Fee Schedule. The City's Park Dedication Fees have not been changed since 1981, and are not keeping pace with the cost of Park Development or the value of land required for Park Dedication. Attached is a memo, prepared by Barry Stock, providing additional background on the proposed changes to the Fee Schedule. Attachment #2 shows a comparison of the City of Shakopee's current Fee Schedule with the park dedication fees of other cities in the area. Attachment #3 shows the methodology for the proposed Park Dedication Fee Schedule being recommended by the Planning Commission. PLANNING COMMISSION RECOMMENDATION: At their meeting on December 7, 1989, the Planning Commission passed the motion, recommending to the City Council that City Code Section 12.07, Subd. 5, be amended to increase Park Dedication Fees as follows: Single Family Residential - $400.00 Duplexes (2-3 units) - $338.00 per unit Townhouses (4-6 units) - $312.50 per unit Apartments (more than 6 units) - $250.00 per unit Commercial/Industrial - $1,500.00 per acre S .v ALTERNATIVES• 1. The City Council can pass a motion directing the City Staff to prepare an Ordinance amending City Code Section 12. 07, Subd. 5, increasing Park Dedication Fees as recommended by the Planning Commission. 2. The City Council can pass a motion directing the City Staff to prepare an Ordinance amending City Code Section 12.07, Subs. 5, changing the City's Park Dedication Fees to amounts different than recommended by the Planning Commission. 3 . The City council can pass a motion to not amend the City's Park Dedication Fees at this time. ACTION REODESTED: Offer and pass a motion as outlined in either Alternative #1 or #2 or #3 listed above. MEMO: Shakopee Planning Commission FROM: Barry A. Stock, Assistant City Administrator RE: Park Dedication Fees DATE: October 27, 1989 INTRODUCTION• bast fall the Shakopee City Council tabled adoption of a new park dedication fee schedule until such time that the park portion of the comprehensive plan could be completed. This portion of the plan has been completed in draft form and the Community Development Commission has developed and is recommending a new park dedication fee schedule and methodology. BACKGROUND: The park portion of the comprehensive plan has been completed in draft form. The consultant is recommending that the cash in lieu of park dedication standard be set at approximately 25% of the land prior to it's development. Shown in attachment #1 is an example of a 50 acre residential development that illustrates the impact of the proposed 25% cash in lieu of land standard. Note that the 25$ cash in lieu standard would impose a $1,000.00 per lot park dedication fee on a single family dwelling unit. I would also like to point out that the park development portion of the comprehensive plan does not address commercial/industrial park dedication fees. The comprehensive plan consultant has stated that the city should simply adopt a commercial/industrial fee that is comparable to other communities of similar size. Shown in attachment #2 is a survey of the park dedication fees of neighboring communities and our major competitor's for development. From the survey, it is apparent that Shakopee's park dedication fees are in need of adjustment. The last adjustment in Shakopee's park dedication fees was made in 1981. The survey of park dedication fees also reveals that the comprehensive plan consultant's recommendation of $1,000.00 per residential lot is rather exorbitant. The Community Development Commission has reviewed the park dedication fee structure in terms of methodology and assigned fee schedule. The Community Development Commission strongly believes that a methodology must be adopted that substantiates the proposed fees. It is the intent of the park dedication fee ordinance to have a fee that is justifiable in terms of the impact of the development on the community's park system. Therefore, a methodology that will withstand legal challenge must be developed. The rationale that our fees are similar to what other communities are charging would not be sufficient to withstand judicial challenge. Therefore, the Community Development Commission is purposing that the park development portion of the comprehensive plan be amended to reflect a dwelling unit density methodology for determining park dedication fees. The Community Development Commission is also recommending that the dwelling unit density methodology and corresponding new park dedication fee schedule be adopted for implementation in 1990. Shown in attachment #3 is an illustration of the purposed dwelling unit density methodology. The proposed dwelling unit density methodology utilizes the following three key variables which are used to determine park dedication fees: 1. Annual school district census counts. 2 . County Assessor's estimated market value for residential and commercial/industrial property. 3 . Land area park dedication requirement. If it is desired by the Planning Commission to update the park dedication fees on an annual basis, these three variables can be easily accounted for and in the case of area park dedication fee requirement; be amended. Utilizing the proposed dwelling unit density methodology would substantiate the following park dedication fee schedule: Single family dwelling unit - $400.00 Duplex (two to three units) - $338.00 per unit Townhouse (four to six units) - $312.50 per unit Apartments (more than six units) - $250. 00 per unit Commercial/Industrial - $1,500.00 per acre If the City of Shakopee is to keep up with the demand for parks, increasing park dedication fees should be considered at this time. The Community Development Commission is therefore recommending that the Shakopee Planning Commission consider setting a public hearing to amend city code adopting a new park dedication fee schedule and methodology. ALTERNATIVES• 1. Move to call for a public hearing on the proposed amendment to the Shakopee City Code as it relates to park dedication fee requirement. 2. Table action on this issue pending further information from staff. 3. Do not amend the City Code and/or park dedication fee schedule at this time. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REOUESTED: Move to direct the appropriate city officials to set a public hearing to consider the amendment of the Shakopee City Code as it relates to park dedication fee requirements. Attachment #1 Park Dedication Illustration 253 Cash Dedication in Lieu of Land Acres 50 Cost per Acre $10, 000 Percent Land Dedication 103 Profit per Lot $6, 000 Lots per Acre 2.5 1. Land Cost 50 ac. x $10, 000 = $500, 000 2 . Land Ded. in Acres 103 x 50 ac. = 5 acres 3. Land Cost of Ded. 5 ac. x $10,000 = $50, 000 4. Profit Cost of Ded. 5 ac. x 2.5 lots x $6,000 = $75, 000 S. Total Cost of Ded. #3 + #4 = $125,000 6. Cash Ded. Need to Equal #5 divided by #1 = 253 Cost of Land Dedication ($125,000 $500, 000 = 253) 7. Cash Ded. per Lot $125,000 (#5) 125 Lots = $1000.00 O l0 at J 01 UI A W N r P N 0 a a n r y Dl b w m b ]• Q o a P. K < x w a a r• a 91 c o 0 a yroa HR77 N x to 7 v n O m na < nam x o C ro C a anr- ana a 10 r n n r rt r-x r r•x N a r• K la- x � rom rCm a e m M m aa . ' a a H. a W. O N O a a R rt Y• r- O O y y y y N y 7 O y y m A A A A V W N N J UI N O J N O V1 W r O O O lT VI yy yy O O \ \ \ \ \ 0 r 7 r r UI r UI \ \ Y- Y- Y• Y• r- r- \ r \\ r- Y• R R R rt rt R = = 7 � R rt Y•Y- Y•Y• RR rt rt ,y b 71 y •y y N y yy y y d � W W W lJl N F+ UI N N ri W VI N J Ui W O O O UI O O tJl O lT O O O r 7 7 ti 7 N 7 7 DC ~ M r• Y• Y- H. N H.r• UI r• H HIV IV rt R R rt RR 0R H 7 7 °x y rt rt O R rt O N y y y y y y y y y C T7 W 7 ro W N W VI r r VI r r O O VI N J N W W r VI O r-C n dP rt N N w dP of a �O O O Ui lT UI lT J O O rt\ H \ \ \ \ \ \\ \\ \ N M O O 0 b' W C M a O 7 7 7 7 7 7 W 7 7 7 M N n 7 0 6 r4 H. r-W H. H. H. O 0 N r r-r M rt rt rt R R R rt R R n \ rt y N 7 7 w m C W \ p, r- N- m N-C < o < N rt R rt 7 H r Y H 0 N N n n ry y y y y y y Ny y y0 \ < r = OI [+ A a r r N Y N r N A r N r M y 00 dP W O N 0 0 W N J N 0 N O O O O O O 0 Q�O O < y C O y O G 0 O O O O O O O \ o O O O a r r a O N M a n \ \ \ \ \ \ \ a \ \ oro. oo C n O w r w w0 a w O a a - C O o O O < a N a 0 N O O O O O n 0 O o a 0 0 < 'O ` a r a n o n n n n n an n O O (D r' H p a s � a a a a a a a o < 'U n y o (D a a C o m t1 y 7 N O n N 0 N N S r G v A a r n O H O N Ip A dP O O O R N 00 OMO `O Y• • a o O r M R Attachment #3 Park Dedication Fee Methodology RESIDENTIAL DWELLING UNIT DENSITIES* A. B. B i A Total Total Population Persons/Unit S.F. - 3062 9828 3.2 Apt. - 741 d.u. 1447 2. 0 Duplex - 174 d.u. 462 2 .7 Townhouse - 549 d.u. 1371 2 .5 Residential Property Methodology 1. National Park and Recreation Association Standard - One 10 acre neighborhood park per 1000 persons. 2 . Cost of 1 acre of undeveloped residential property - $10, 000. ** Cost of 1 acre of undeveloped industrial property - $15,000. ** 3. City of Shakopee average subdivision dwelling unit density - 2.5 units pet acre. 4. City Ordinance residential subdivision park dedication requirement - 10% of total development land area. 5. Average cost per dwelling unit for development of a one acre neighborhood park - $10, 000 acre - 2.5 units per acre X 10% _ $400.00. 6. Cost per person for development of a one acre neighborhood park $400 - 3 .2 = $125. 00 Cost per Unit (Proposed Park Dedication Fee Schedule for Residential Property) S.F. - $400 (3 .2 x 125) Duplex (2-3 units) - $338 per unit (2.7 x 125) Townhouse (4-6 units) - $312. 5 per unit (2 .5 x 125) Apt. (more than 6 units) - $250 per unit (2 .0 x 125) Commercial/Industrial Property Methodology 1. Ave. Dwelling Unit Density per acre = 2 .5. 2. Cost of 1 acre of undeveloped commercial/industrial property -$15,000. 3. Ave. cost per dwelling unit for development of a one acre neighborhood park on commercial/industrial property - $15, 000 acre ; 2.5 units per acre x 10% _ $600.00. Cost Per Acre (Proposed Park Dedication Fee Schedule for Commercial/Industrial Property) Commercial/Industrial - $1,500 = (2. 5 x $600) *1988/89 Annual school district census **County Assessor (1989 est. Market Value) � b MEMO TO: Dennis Kraft, City Administrator FROM: Douglas K. Wise, City Planner RE: Setbacks For Accessory Buildings in Rural Areas DATE: December 14, 1989 INTRODUCTION• At their meeting on November 21, 1989, the City Council passed a motion directing the City Staff to prepare an Ordinance amending City Code Section 11.03, Subd. 6D, to allow accessory buildings in the rural areas of the City to be located closer to the front lot line than the principal dwelling. A copy of the proposed Ordinance is attached. BACKGROUND: City Code Section 11.03, Subd. 6D, currently states "No detached garage or other accessory buildings shall be located nearer the front lot line than the principal building on the lot". At their August and September meetings, the Board of Adjustment and Appeals granted variances in the R-1 zoning district for the construction of two accessory buildings to be located closer to the front lot line than the principal building on large tracts of land. After the approval of these variances, the Board of Adjustment and Appeals indicated to staff that the City should look at amending this provision of the Code to allow accessory buildings closer to the front lot line in the rural parts of the City. The staff presented recommendations to the Planning Commission for an amendment of this section of the code at their October meeting. At their meeting on November 9, 1989, the Planning Commission held a Public Hearing on a proposed amendment to City Code Section 11.03, Sudb. 6D. After closing the Public Hearing, the Planning Commission passed a motion recommending to the City Council that City Code Section 11.30, Subd. 6D, be amended to allow accessory buildings in the AG, R-1, and Shoreland Districts to be placed closer to the street than the principal dwelling, provided the accessory buildings are located at lease 200 feet back from the front property line. At their meeting on November 21, 1989, the City Council reviewed the recommendation of the Planning Commission and passed a motion directing the City Staff to draft an Ordinance amending City Code Section 11.03, Subd. 6D, as recommended by the Planning Commission. ALTERNATIVES: 1. The City Council can offer and pass Ordinance #282, Fourth Series, amending City Code Section 11.03, Subd. 6D, as drafted. 2. The City Council can offer and pass Ordinance #282, Fourth Series, amending City Code Section 11.03, Subd. 6D, changing the setback requirements outlined in the draft Ordinance. s r- 3 . The City council can offer and pass a motion to not amend City Code Section 11.03, Subd. 6D at this time. PECONNENDATION- The Planning Commission and City Staff recommend Alternative $1. ACTION REOUESTED• Offer and pass Ordinance $282, Fourth Series, amending City Code Section 11.03, Subd. 6D regulating the front setback of accessory buildings. ORDINANCE NO. 282, 4th Series AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING CITY CODE CHAPTER 11 ENTITLED "ZONING REGULATIONS" BY CHANGING 11.03, SUBDIVISION 6D, REGULATING THE FRONT SETBACK OF ACCESSORY BUILDINGS. THE CITY OF SHAKOPEE DOES ORDAIN: SECTION I: The Shakopee City Code Chapter 11.03, Subd. 6D is hereby amended to read as follows: "D. No detached garage or other accessory building shall 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.'- SECTION ess."SECTION II: Certain provisions of the Shakopee City Code adopted by reference. Shakopee City Code Chapter 1 entitled "General Provisions and Definitions" applicable to the entire City Code including the penalty provisions: and Section 11.99, which, among other things, contains penalty provisions, are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION III: Provisions for After Adoption After adoption, signing, attestation, this ordinance shall be published once in the official newspaper of the City of Shakopee and then shall be in full force and effect. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this _ day of December, 1989. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this day of December, 1989. Julius A. Coller, II *� 9a , MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Snow Season Parking Restrictions - Ordinance #281 DATE: December 8, 1989 INTRODUCTION• On November 21, 1989 the Shakopee City Council directed the City Attorney to prepare the appropriate ordinance amendment, adding a provision to the Shakopee City Code which states that Calendar Parking will be in effect and enforced when weather conditions warrant plowing and shall continue in effect until the same has been plowed or removed to the full width of the roadway thereon. In addition, the City Council directed that persons violating said ordinance be tagged and towed. Attached is Ordinance #281, which incorporates the changes as recommended by City Council. BACKGROUND: On November 21, 1989 the Shakopee City Council reviewed several alternatives for restricting parking on city streets during the snow season. The City presently has a Calendar Parking Ordinance, which is in effect between 2:00 a.m. and 6:00 a.m. between November 15th and April 1st inclusive. Since the present ordinance has been in effect, between 800 and 1,000 citations have been issued annually. In an effort to reduce the number of citations issued and develop an ordinance which would be more understandable for Shakopee residence, the City Council directed that the current ordinance be amended to read that Calendar Parking will be in effect and enforced when weather conditions warrant plowing and shall continue in effect until the same has been plowed or removed to the full width of the roadway thereon. Additionally, in an effort to improve snowplowing operations, the City Council requested that a provision be included in the ordinance that would allow the city to tow vehicles in violation of said ordinance. State Statute provides that immediate towing may occur only in those areas designated as snow emergency routes. In other cases, towing may also occur after a four hour time period has elapsed since the issuance of the citation for said violation. Staff has therefore incorporated the necessary language in the ordinance to comply with state statute. The acting Police Chief and Public Works superintendent have also mutually agreed on those streets which should be designated as official snow emergency routes. Those streets have been incorporated into the ordinance. A map indicating the proposed snow emergency routes has been attached. It would be appropriate at this time for the City Council to offer Ordinance #Z21, an ordinance amending Shakopee City Code Chapter 9, entitled "Parking Regulations" by amending Section 9.5, Subd. 2 and by adding two new Subdivisions to Section 9.5; and adopting by reference City Code Chapter 1 and Section 11.99, which among other things, contain penalty provisions. ALTERNATIVES• 1. Move to offer and adopt Ordinance #281. 2. Do not offer and approve Ordinance #281. 3 . Amend Ordinance #281 as drafted and move its adoption. 4 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Offer Ordinance #281, An Ordinance "Amending Section 9.5 Subdivision 2 ; and by adding two new subdivisions to Section 9.5; and adopting by reference City Code Chapter 1 and Section 11.9, which, among other things, contain penalty provisions" and move its adoption. . . � 4 � dam - -m . . . ,� . — ,o < » ■ . 4 : it }\ . § \ . , - f ORDINANCE NO. 281, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SHAKOPEE CITY CODE CHAPTER 9 ENTITLED "PARKING REGULATIONS" BY AMENDING SECTION 9.50 SUBDIVISION 2; AND BY ADDING TWO NEW SUBDIVISIONS TO SECTION 9.50; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF SHAKOPEE, MINNESOTA DOES ORDAIN: SECTION I. The Shakopee City Code, Chapter 9, Section 9.50 is hereby amended by adding the following language to Subd. 2, To- Wit: Calendar Parking will be in effect and enforced when weather conditions warrant plowing and shall continue in effect until the same roadway has been plowed or removed to the full width of the roadway thereon. SECTION II. Shakopee City Code Chapter 9 is hereby amended by adding the following Subdivisions to Section 9.50; Subd. 7. Persons in violation of the parking restrictions outlined in this section and parking on designated snow emergency routes, shall be tagged and towed at their own expense. In areas not designated as snow emergency routes, persons in violation shall initially be tagged and shall have four hours from the time the citation is issued to remove their vehicle or be subject to tow at their own expense. Subd. 8. The following streets shall be designated as snow emergency routes: Tenth Ave. from Marschall Road to Harrison St. Shakopee Ave. From Holmes St. to Eleventh Ave. Sixth Ave. from Main St. to Adams St. Fourth Ave. from Fuller St. to Marschall Rd. Third Ave. from Hwy. 169 to Holmes St. Holmes St. from First Ave. to Tenth Ave. Adams St. from Sixth Ave. to Third Ave. Apgar St. from First Ave. to Tenth Ave. Harrison St. from Tenth Ave. to Vierling Dr. Scott St. from First Ave. to Sixth Ave. Minnesota St. from First Ave. to Fourth Ave. Market St. from Fourth Ave. to Tenth Ave. Twelfth Ave. from Adams St. to Taylor St. Spencer St. from First Ave. to Eleventh Ave. Vierling Driver from County Rd. 16 to County Rd. 79 SECTION III. Certain provisions of the Shakopee City Code adopted by reference. Shakopee City Code Chapter 1, entitled "General provisions and definitions applicable to the entire City Code including the penalty provisions" and Section 11.99, which, among other things, contains penalty provisions, are hereby adopted in their entirety by reference as though repeated verbatim hereby. SECTION IV. When in force and effect. After adoption, signing, attestation, this ordinance shall be published once in the official newspaper of the City of Shakopee and then shall be in full force and effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of December, 1989. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this day of December, 1989. Julius A. Coller II City Attorney Published in the Shakopee Valley News this day of December, 1989. MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: 1990 Fee Schedule DATE: December 13, 1989 INTRODUCTION• Attached is a resolution for Council's consideration setting fees for 1990. BACKGROUND: The attached resolution sets forth fees for 1990 and repeals the existing resolution effective January 1, 1990. Most of the fees are identical to the fees adopted for 1989. The recommended changes are outlined below. These changes have been incorporated into the proposed resolution. If Council desires to make any changes to the proposed resolution, they may do so prior to offering the resolution. Building Department: 1. (Page 8) A typo has been corrected changing the fee from $639.00 to $639.50 for the first $100,000 in value of construction for building permits for construction of projects in value between $100, 000 to $500,000. 2. (Page 9) The plan check fee for commercial/industrial projects previously adopted by Resolution No, 2604, has been added. Language is also being added which states that 908 of the fee for certificates of occupancy shall be refunded when a final certificate of occupancy is issued. This also was adopted previously by Resolution No. 2604. 3. (Page 11) The minimum fee for gas piping permits is being increased from $3.60 to $5.00. Finance Department: 1. (Page 13) Garbage rates are being increased retroactive to December 15, 1989 with an additional increase effective May 15, 1990. This is pursuant to Council approval on December 5, 1989. 2. (Page 19) The sewer availability charge (SAC) is increased from $575.00 per unit to $600.00 per unit per the Metropolitan Waste Control Commission. Public Works: 1. The rental fees charged by the Public Works Department for equipment are increased between 0 to 258. The Public Works Department has been increasing these fees a little each year. Their goal is to get them in line with the equipment rental fees charged in the private sector. Planning Department: 1. (Pages 21-22) The Planning Department is increasing the fees by $10.00 for Conditional Use Permits and Variance Applications. This is to offset the fees charged to the City for the recording of these documents - which are now required by law to be recorded. Park Department: 1. (Page 24) The swimming pool fees for 1990 are proposed to remain the same with one exception. The gate fees will be increase from $1.25 to $1.50 for children under 19 and from $1. 50 to $2 .00 for adults. (See the community Recreation Directors 1990 program/plan for the municipal swimming pool/waterslide, attached. ) RECOMMENDATION• Make any desired changes to the proposed fee schedule and the adopt the fee resolution as changed. RECOMMENDED ACTION: Offer Resolution No. 3160, A Resolution Setting Fees For City Licenses, Permits, Services And Documents, and move its adoption. SSC/tiv AI SHAKOPEE =_____ - __.. - . a MUNICIPAL SWIMMING POOL OPEN 6 &I-SWIMMING NSTI RUCTION-WATERSLIDE FUN PROPOSED1990 22nd SEASON OPEN SWIMMING WATERSLIDE FUN SWIMMING LESSONS JUNE 9 — AUGUST 13 ea (10 weeks) POOL HOURS June 9 -_June_17._______1_00___7:30 PH June 18 - August 10. . . . . ... . .Weekdays 1:00 - 4:2OPM 6:30 - B:20PM Weekends 1:00 - 7:OOPM August 11 =Auguai 19. ... .. .. . .1:00 PM__7.00PM POOL FEES WATER SLIDE FEES Daily Admimmion: 5 Ride Ticket - 9 1.00 Children under 19 - 9 1.25 Unlimited Rides per Afternoon Adults - 5 1.50 or Evening Session - 9 3.00 SEASON PASSES SHA7(OPEE COMMUNITY RECREATION Family: - 9 34.00 FILING FEE Individual - 9 17.00 Swimming Lessons - 9 2.00 Season Pool Passes - 9 2.00 INSTRUCTION June 18 - August 10 (B weeks) 10:15 AM - 12:25 PM A 5:30 - 6:lOPM Fee: 913/per two week session SHAKOPEE MUNICIPAL SWIMMING AM � e s LOCATED IN SHAKOPEE'S LIONS PARK WEST 11TH AVE & ADAMS ST FOR INFORMATION CON ACT:SHAKOPEE COMM. RECREATION 445-2742 CITY OF SHAKOPEE MUNICIPAL SWIMMING POOL/WATER SLIDE 1990 PROGRAM/PLAN A. INTRODUCTION The Municipal Outdoor Swimming Pool located in Lions Park first used in 1969, has been a summer focal point for thousands of fun seekers, swimmers and sunbathers. For a number of years, the facility was able to meet on-site caste from revenues generated. In the peat ten years this has not happened. It was anticipated that with the installation and operation of the Water Slide, that this deficit operation would no longer exist. This did not happen for various reasons. Last seasons revenue did increase over previous years which is encouraging. The City has operated the pool as a major service to its constituent. The goal hes been to provide a pleasurable, safe atmosphere of fun and 'instruction with a minimum of subsidy. B. BACKGROUND 1. Weather conditions are a major factor that determines to what extent the pool is used each summer. If the temperature soars into the 80's, 90's and above, people will flock to the pool in great numbers. If not, they won't. This did happen in 1988 and 1989 when the pool served as an oasis for many. 2. Economic conditions seem to provide a framework of a welt-end-see attitude on the part of many potential pool users. There 1a a hesitancy to buy season tickets if there is a possible chance they can get by purchasing only s few daily tickets instead. Cold weather at the beginning of a season is the culprit that stimulates this thinking. 3. Season ticket sales have leveled off in recent years. 4. Lesson registrations also seem to have leveled off. 5. The 1990 Swimming Pool Budget is predicated upon bare bones operation, mirrored after experiences of recent years. Emphasis on safety will remain most important) In 1986, the deficit was approximately 932,000. In 1987 it was 917,700. The 1988 excess of expense over revenue was 910,406 budgeted expense was 925,750. 1989 excess of expense over revenue was about 921,615 projections were 924, 130. 1990 excess of expense over revenue is anticipated to be 926,475. 6. Season Tickets and Lesson instructions are available to residents who qualify for the School Free Lunch Program at a rate of 93.00 for Season Tickets and 91.00 for Lessons. C. PROPOSED HOURS OF USAGE FOR SUMMER 1990 1. The season will begin Saturday, June 9 and conclude Sunday, August 19, 72 days, identical to the 1989 season. 2. Staff will meet for a few hours (paid time) prior to the start of the season to prepare facilities and participate in staff training. 3. The pool will be available for open swimming from 1:00-4:20PM, 6:30-8:20Pm weekdays, and 1:00-7:OOPM weekender dependent upon weather during the weeks when Swimming Instruction takes plece.The first and last weeks of the season do not include Swimming Instruction, and open swimming hours will be from 1:00-7:30PM. 2 4. Swimming Instruction will be from June 18 - August 10 weekdays. Hours are 10:15AM- 12:25PM and 5:30-6:lOPM. Lessons are in blocks of two week periods, 40 minutes per day. They follow the fled Crass Program: Tiny Tots and Beginners through Advanced Lifesaving. The Advanced Lifesaving Course and Basic Rescue L Mater Safety Course are four weeks in duration. During the first four week session, Basic Rescue and Mater Safety will be offered, during the second four week session Advanced Lifesaving will be offered. 5. The pool is available to organized responsible groups to reserve the pool for private splash parties beyond regular hours. The fee for these groups is $50 for 1 1/2 hours or $1/per person, whichever sum is greater. If the water elide is to included, the group fee will be 0100 or $2/per person whichever 1s greater. D. PROPOSED_PERSONNEL The staff will consist of a Manager, Assistant Manager, Cashier, 8 Guards/Instructors, 6 Aides, and a backup crew of part-time employees. Each of these personnel are scheduled on a regular basis as needed. All perform important functions. They are paid only when they work. E. _CAPITAL_IMPROVEMENTS The concession stand area is very crowded; needs a sink with hot water. Capital expenditure of S 50000 has been proposed. 3 F. SHAKOPEE MUNICIPAL SHIMMING POOL - FIVE YEAR INCOME COMPARISON TICKETS 1906 1987 1969 1909 19% SOLD Proposed Season 464 P 29= $13,456 473 8 32= 115,136 520 f $32= $16,11% 447 8 34= $15,190 450 E 34= 115,300 Season 82 P 17= 1,394 92 P 17- 1,564 93 8 $17= 1,501 80 P 19= 1,520 80 P 19= 1,520 Season Mics. 605 Misc. 42 Lessons: 736 P 11= $ &0% BBB P 12= $10, 069 B f12= $10.428 711 P 13= f 9,247 715 6 13= f 9.295 $23,631 $27,098 $28,905 $25,%5 $26,115 Refunds - 35 $25,%5 $26,115 Total $23,596 $27,0% $28,905 FREE TICKET LOW INCCE FAMILIES Season 30 P 29= f 870 30 P 32= f 960 39 f $32= $ 1,248 28 8 3- $ 84 30 6 3= 6 90 Lessons 31 8 12= 372 50 P $12= 600 26 E 1= -_ 26 30 P f = $ 30 Total 100% Free f 870 100% Free f 1,332 100% Free f 1,846 Nosinal Nwiml Charge f 110 Charge $ 120 RECEIPTS Sate $11,255 $14,091 $16,061 $21,000 $23,000 Concessions 6,189 6,8% 10,880 11,031 12,000 Wtersllde 10,699 10,1% 169718 15,004 16,000 TOTAL $52,578 $60,271 $72,564 $73,110 $77,235 4 9 � G. _1990_SHANOPEE_MUNICIPAL_SHIMMING POOL PROPOSED BUDGET 1986 1987 1988 1989 Est. 1990 PERSONAL SERVICES ACTUAL ACTUAL ACTUAL Actual Approp. 4100 Salaries FT 9 4,866 9 2,966 9 4,500 9 4, 162 9 7,200 4112 Overtime FT 35 4130 Temp. 35,870 34,668 42,000 9 41, 170 44,500 4140 PERA 205 123 150 180 300 4141 FICA 345 207 250 313 540 4143 Pensions/Medicare 500 467 555 565 650 4150 Health L Life Ins. 435 258 300 333 620 4151 Norkmens Coup. Ins. 1,036 1,125 1, 100 2, 196 2,400 TOTAL 9 43,257 9 39,849 9 48,055 9 50, 173 9 56,210 SUPPLIES L SERVICES 4210 Supplies 9 3,887 9 3,571 9 5, 500 9 6,360 a 7,500 4215 Surface Materials 4230 Building Maint. 5,230 3,094 3,500 1,709 4,500 4232 Equip. Malnt. L Repair 8,734 7,664 2,500 2,323 3,000 4310 Prof. Services 275 1, 102 4319 Promotions 4321 Telephone 227 186 465 399 620 4330 Travel L Subsistence 4350 Printing L Publishing 323 257 400 1,902 780 4360 Insurance 2,970 5,616 4,000 5, 104 6,000 4370 Utilities 9,638 11,145 7, 500 10,296 11,600 4380 Rents 4395 Merchandise 5,940 6,018 7,250 6,874 8,500 4411 Current Use Charge 1,500 1,500 TOTAL 9 38,349 9 37,826 9 32,615 9 36,068 9 42,500 CAPITAL EQUIPMENT 9 7,055 4502 Purchase Buildings 4511 Capital Equip. 9 1, 119 9 275 9 1,500 279 9 5,000 TOTAL 9 1, 119 9 275 9 1,500 9 7, 334 9 5,000 TOTAL THIS DIVISION 9 82,725 9 77,950 9 82,970 9 93,575 9103,710 5 H. PROPOSED WAGES POSITION 1986 1887 1988 1989 1990 Aides 93. 10-3.50 93. 10-3.50 93.30-3.70 93.50-4.DO 83.70-4.20 5 on duty at one time Concessions Bag room Shovers Guards/Inst. 94.25-4.70 94.25-4.70 84.70-5.25 95.00-5.75 95.20 7 on duty 5.70 at one time 6.00 Cashier (1) 94.25-4. 70 94.25-4.70 94.70-5.25 95.00-5.75 95.20 5.70 6.00 Manager (1) 95.30-5.90 85.30-5.90 46.00-6.50 96.50-7.00 96.75-7.2 Asst. Manager (1) 95.30-5.90 95.30-5.90 95.80-6.25 96.30-6.75 96. 55-7.0 I. _PROPOSED FEES Family Season Ticket 929. 00 932.00 932. 00 934.00 934.00 Individual Season Ticket 917.00 917.00 917.00 919.00 919.00 Guest Ticket (7 day out of tarn guest) Family 910.00 910.00 Individual 4.00 4.00 Senior Citizen FREE FREE FREE FREE FREE Gate Children (under 19) 91.00 91. 00 91.00 91.25 91.25 Children (under 1) FREE FREE FREE FREE FREE Adults 91.25 91.25 91.25 91.50 1 $1.50 6 J_._PR_OP_O_SAL_ 1. Conduct a 10 reek season at the Shakopee Municipal Swimming pool the summer of 1990, with fees and hours as recommended by staff: Days Open: June 9 - August 19 Hours_ Open Swimming: June 9-17 1:OOPM - 7:30PH _______________________________ June 18-Aug 10 Weekdays 1:OOPM - 4:20PM 6:30PH - 8:20PM Weekends 1:OOPM - 7:OOPM _______________________________ August 11-19 Weekdays b Weekends 1:OOPM -7:30PM Gate Admissions: Daily - Children lunder 19) 91.25 Adults 91.50 Season Tickets: Family 934.00 (Plus 92 SCR Filing Fee) Individual 919.00 (Plus 92 SCR Filing Fee) Senior Citizen FREE Age 1 i Under FREE Instruction: June 16 - August 10 Children: 913.00/per two week session (Plus 92 SCR Filing Fee) 2. Water Slide Fees: One Day (Afternoon or Evening) Session Pass 93.00 Tickets (5 Rides) 91.00 3. Grant 93.00 Season Tickets and 91.00 Swim Instruction (1 lesson/per individual) to residents that qualify for the School Dist #720 Free Lunch Program. (Plus 92.00 SCR Filing Fee) 4. Wages shall be: Position(s) Beginning Experienced Aides 93.70 94.20 Guards/Instructors 95.20 95.70 96.00 Cashiers 95.20 95.70 96.00 Asat. Manager 96.55 97.00 Manager 96.75 97.25 5. Group Pool Rental 0 1/2 hours) : 950.00 or 91/per person whichever is greater. 6. Group Pool i Waterellde Rental (1 1/2 hours) : 9100.00 or 92/per person whichever is greater. 7. Aggressive marketing shall take place wherever possible to encourage maximum usage of the swimming pool complex. 8. Shakopee Community Recreation Filing Fee: 92.00/per Lesson and 92.00/per Season Ticket. 7 M. ALTERNATIVES 1. Keep fees the same as in 1989 recognizing that the excess of expense over revenue is anticipated to be 9 26,475, an increase of 9 4,860 over the 1989 subsidy. 2. Keep all fees the some as in 1989 excepting gate admission fees which would be increased .25 for children (new fee - 9 1.50) and . 50 for adults (new fee - 9 2.00). Excess of expense over revenue would be anticipated to be 9 21, 475, an amount virtually identical to the 1989 subsidy. 3. Establish a different Fee Schedule from whet is proposed. L. _RECOMMENDATION Adopt a 1990 Shakopee Municipal Swimming Pool Fee Schedule similar to rates used in 1989 exception the gate fees shall be increased to 9 1. 50 for children and 9 2.00 for adults. Gate Fees. . . . . . . 9 1.50 Children (under 19) 9 2.00 Adults Season Tickets. . 9 34.00 Family (Plus 92.00 SCR Filing Fee) 9 19.00 Individual (Plus 92.00 SCR Filing Fee) Instruction. . . . . 9 13.00 Per Session (Plus 92.00 SCR Filing Fee) Neter Slide. . . . . 9 1.00 Five Ride Ticket 9 3.00 Afternoon or evening Pass B � 6 RESOLUTION NO. 3160 A RESOLUTION TSE SERVIINGCES AND DOCUMENTSES FOR ITY ENSES, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that the Fee Schedule dated January 1, 1990, attached and adopted in its hereto and made a part hereof is hereby app rovedentirety. BE IT FURTHER RESOLVED, that the Fee Schedule attached shall become effective on January 1, 1990, unless indicated otherwise therein, and Resolution No. 2987 and all other resolutions inconsistent herewith shall be repealed effective January 1, 1990. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 19th day of December, 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this 1989 day of City Attorney Residential SAC Charge. . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Water Availability Charge (WAC) . . . . . . . . . . . . . . . . . . 19 Office Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 POLICE Accident Report Copies. . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Towing and Impounding of Vehicles. . . . . . . . . . . . . . . . 19 Dog Licenses, Impounding Fees, etc. . . . . . . . . . . . . . . 19-20 PUBLIC WORKS Equipment Rental. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-21 PLANNING Application for Conditional Use Permit. . . . . . . . . . . 21 Application for Variances. . . . . . . . . . . . . . . . . . . . . . . . 21 Application for Plats, Divisions. . . . . . . . . . . . . . . . . 21 Application for Rezoning. . . . . . . . . . . . . . . . . . . . . . . . . 22 Application for Planned Unit Development. . . . . . . . . 22 Application for Fill and Mining Permit. . . . . . . . . . . 22 Application for Sign Permits. . . . . . . . . . . . . . . . . . . . . 22 Copy of Official Maps. . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Developers Package. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Comprehensive Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ENGINEERING Department Fees (employees) . . . . . . . . . . . . . . . . . . . . . . 23 Project Plans and Specifications. . . . . . . . . . . . . . . . . 23 PermitReview. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Plan, Plat and Report Review. . . . . . . . . . . . . . . . . . . . . 23 Storm Water Drainage Utility. . . . . . . . . . . . . . . . . . . . . 23 Permit to Work in Public Right-of-way. . . . . . . . . . . . 24 PARK Municipal Swimming Pool Fees. . . . . . . . . . . . . . . . . . . . . 24 OTHER Application Fee for variance from or Amendment to the Cable Franchise Ordinance. . . . . . . . . . . . . . . 24 TABLE OF CONTENTS Page CITY CLERK Commercial/industrial/Mortgage Revenue Bonds. . . . . . 1 Tax Increment Financing Fees . . . . . . . . . . . . . . . . . . . . . 1 Movies and Theaters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Scavengers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Gambling, Bingo, Raffles. . . . . . . . . . . . . . . . . . . . . . . . . . 1 License for the sale and set-up of Liquor. . . . . . . . . 2 Peddlers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Taxicabs and Drivers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Tobacco. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Shows, Non-Transient Theme Parks, Amusement Parks, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Outdoor Performance Center. . . . . . . . . . . . . . . . . . . . . . . . 3 Massage Parlors, Saunas, Steam Baths, Heat-Bathing Rooms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Masseur and Masseuse Registration Fee. . . . . . . . . . . . . 3 Rental of Pat Thielen Rodeo Arena. . . . . . . . . . . . . . . . . 3 Request Vacation of Street, Alley or Easement. . . . . 3 Service Charge for Returned Checks. . . . . . . . . . . . . . . . 3 BUILDING INSPECTOR/ELECTRICAL INSPECTOR Electrical Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-6 Plumbing Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-9 Certificate of Occupancy. . . . . . . . . . . . . . . . . . . . . . . . . . 9 Fast Tracking Issuance of Building Permits. . . . . . . . 9 Grading Plan Review Fees. . . . . . . . . . . . . . . . . . . . . . . . . . 9 Grading Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 MovingPermit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Fire Protection Equipment. . . . . . . . . . . . . . . . . . . . . . . . . 9 Well and Individual Sewage Disposal Permits. . . . . . . 9 Heating, Air Conditioning, Refrigeration, and Ventilation Permits. . . . . . . . . . . . . . . . . . . . . . . . . 9-11 Tank and Piping Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . it WaterHeaters - New. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Gas Piping Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commercial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Agricultural and Non-Agricultural Storage Form (Report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Housing Code Certificate of Occupancy Fees. . . . . . . . 12-13 FINANCE I Garbage Rates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Sewer Service Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Standard Service Availability Charge (SAC) units for various commercial, public, and institutional facilities. . . . . . . . . . . . . . . . . . . . 13-18 q �- Res. No. Adopted Amended by Res. No. Adopted FEE SCHEDULE Shakopee, Minnesota January 1, 1990 Fees are listed by department and are to be updated annually. CITY CLERK/Misc. Business Licenses FEES Commercial/Industrial/Mortgage Revenue Bond Fees 1. Application fee for Commercial/Industrial/ 1/10th of 1% of Mortgage Revenue Bonds amount issued with a $2,500 minimum and a $6,000 max. 2. Legal expenses as billed in addition to above 3. Application fee for refinancing Commercial/ 1/20th of 18 of Industrial/Mortgage Revenue Bonds amount issued with a $1,250 minimum and a $3,000 maximum. 4. Legal expenses for refinancing as billed in addition to above Tax Increment Financing Fees Application fee for Tax Increment Financing 2, 500.00 Movies and Theaters (Authorized by City Code 6.42) 1. Annual fee for showing 16 mm films $ 25. 00 2. Annual fee for showing 35 mm films (or larger) 100.00 3. Annual fee for conducting theatrical play(s) 25.00 Scavengers (Dumping or discharge of waste) (Authorized by City Code 6.43) $.98/1,000 gallons or any part thereof plus $5.00 per billing No permit nor fee shall be required for pumping and cleaning cesspools and/or septic tanks. Gambling/Bingo/Raffles Licensed through State Gambling Board, no City fees. _z_ License for the Sale of Beer Liquor, Wine Se .� License. Liquor License. Club License and Temporary Beer License (Authorized by City Code 5. 06) 1. Annual fee for On Sale Beer License 312.00 2. Annual fee for Off Sale Beer License 100. 00 3. Temporary Beer License 15.00 4. Annual fee for Set Up License 125.00 5. Annual fee for On Sale Wine License 1/2 of On Sale Liquor or $2,000 whichever is less 6. Annual fee for On Sale Club License 300. 00 7. Annual fee for Sunday Liquor License 200. 00 8. Annual fee for Off Sale Liquor License 150.00 9. Application and Investigation fee for Off Sale Liquor License, On Sale Liquor License, or Wine License a) If investigation within Minn. 330.00 b) If investigation outside Minn. City expenses up to $10, 000 with $1, 100 deposit 10. Annual fee for On Sale Liquor License: Customer Used Floor Area Under 1,000 3,705. 00 1,000 - 1,999 4,390.00 2,000 - 2,999 5,080.00 3,000 - 3,999 5,765.00 4,000 - 4,999 6,445.00 5,000 - 5,999 7,140.00 6,000 - 6,999 7,820.00 7,000 - 7,999 8,510.00 8,000 - 8,999 9, 195.00 9, 000 - 9,999 9,875. 00 Over 10,000 10,570. 00 Other Business Regulations and Licenses (City Code - Chapter 6 - all applicants require a $5.00 application fee) Peddlers (Authorized by City Code 6.21) 1. Weekly License Fee 25. 00 2. Annual License Fee 150. 00 3. Six Month License Fee 100.00 Taxicabs and Drivers (Authorized by City Code 6.22) 1. Annual fee 250.00 2. Annual taxicab driver's license fee 25.00 3 . Annual fee for each vehicle 15. 00 Tobacco (Authorized by City Code 6.23) 1. Annual fee for Tobacco License 15. 00 Show Non-Transient Theme Parks Amusement Parks, etc. (Authorized by City Code 6.24) 1. Annual license fee equaling the number of rides x $45.00 45. 00/ride 2. Show without rides 75. 00 3. Non-Transient Theme Parks As per agreement Outdoor Performance Center (Authorized by City Code 6.42B) 1. Annual license fee 500.00 Massage Parlors Saunas Steam Baths Heat-Bathing Rooms (Authorized by City Code 6.40) 1. Annual License Fee 2,000.00 2. Initial license requires one time investigation fee 500.00 Masseur and Masseuse Registration Fee (Authorized by city Code 6.41) 1. Annual registration fee 100.00 Rental of Pat Thielen Rodeo Arena (Authorized by Resolution No. 1910) Rental of arena for a period not to exceed seven consecutive days: a. Non-profit organizations within corporate limits of City of Shakopee 0.00 b. other non-profit organizations 200.00 or 15% of gross ticket sales whichever is greater c. Profit making organizations 200.00 or 15% of gross ticket sales whichever is greater Request Vacation of Street Alley or Easement Hereby set as follows: 1. Request for vacation of street or alley 75.00 2. Request for vacation of an easement 50.00 Service Charge for Returned Checks Hereby set as follows: 1. Service charge for each check returned 15. 00 -4- BUILDING INSPECTOR/ELECTRICAL INSPECTOR Electrical Inspection (Authorized by City Code 4.05) 1. Payment of Fees: fees are due and payable to the City of Shakopee at or before commencement of the installation and shall be forwarded to the City of Shakopee. An additional $.50 state Surcharge must accompany each permit plus S.50 for inspection forms. 2. Schedule. State electrical inspection fees shall be paid according to the following schedule. 3. Fee for each separate inspection. The minimum fee for each separate inspection of an installation, replacement, alteration, or repair limited to one inspection only is $15.00. 4 . Fee for services or power supply units. The inspection fee for each service, change of service, temporary service, power supply unit, addition, alteration, or repair to a service or power supply unit shall be 0- to and including 200-ampere capacity, $15.00; for each additional 100-ampere capacity or fraction thereof, $5. 00. A separate request for electrical inspection shall be filed for temporary services. 5. Fee for circuits or feeders. The fee for each circuit or feeder, or addition, alteration, or repair of such circuit or feeder including the equipment served, and including circuits fed from feeders, except as provided for in No. 6, items A to K shall be: A. 0- to and including 100-ampere capacity, $4.00 B. For each additional 100-ampere capacity or fraction thereof, $2.00 6. Limitations and additions to the fees listed in No. 3 through 5 above. A. The fee for a single-family dwelling, shall not exceed $55.00 if the electrical service is not over 200-ampere capacity. This fee includes not more than three inspections. The fee for a single family dwelling over 200- to and including 400- ampere capacity shall not exceed $100.00. This fee includes not more than four inspections. These fees shall apply to each separate service, and include the service, feeders, circuits, fixtures, and equipment. The fee for additional inspections shall be the reinspection fee in No. 8. Multifamily dwellings with individual services to each unit are computed at the single family dwelling rate. B. The fee for each farm building or farm structure with a service not over 200-ampere capacity shall not exceed $55. 00. The fee includes not more than three inspections. The fee for each building or structure with a service over 200- to and including 400-ampere capacity shall not exceed $100. 00. The fee includes not more than four inspections. These fees include the services, feeders, circuits, fixtures, and equipment. The fee for additional inspections shall be the reinspection fee in tic. -5- 8. Pole-top current metering and pole-top disconnecting means on the farm yard pole are exempt from inspection and inspection fees. C. The fee for each unit of a multifamily dwelling having three to six dwelling units shall not exceed $30.00. The fee for each multifamily dwelling exceeding six units shall not exceed $20.00 per dwelling unit. This fee includes only the wiring in an individual dwelling unit and the final feeder to that unit. The fee for the service and all other circuits shall be as specified in No. 3 to 5, except that the fee for each house panel shall not exceed $55.00. A separate request for electrical inspection is required for each building. The fee for a two-unit dwelling or duplex shall be the same as for two single-family dwellings. D. Recreational vehicle parks fees shall be in accordance with No. 3 to 5. E. The fee for mobile home park stalls shall be $6.00 per unit stall exclusive of the feeder to the mobile home with a minimum fee of $15.00 per inspection trip. The fee for permanently intalled feeders shall be in accordance with No. 5. F. In addition to the above fees, the fee for each street lighting standard shall be $1.00 and the fee for each traffic signal standard shall be $2.00. Circuits originating within the standard shall not be used when computing the fee. G. In addition to the above fees, the fees for all transformers and generators for light, heat, and power shall be $5.00 per unit plus $3.00 per ten-kilovolt-amperes or fraction thereof. The maximum fee for a transformer or generator in this category is $40.00. H. In addition to the above fees, the inspection fees for transformers for signs and outline lighting shall be $5.00 per unit. I. In addition to the above fees, unless included in the maximum fee, the inspection fee for remote control, signal, alarm or communication circuits and circuits of less than 50 volts shall be $5.00 per each ten openings or devices of each system plus $2.00 for each additional ten or fraction thereof, with a minimum fee of $15.00 per inspection trip. J. In addition to the above fees, the inspection fee for each separate inspection of a swimming pool shall be $15.00. Reinforcinig steel and bonding for swimming pools requires a rough-in inspection. K. In addition to the above fees, the fee for all wiring on center pivot irrigation booms shall be $30.00. The fees for all other wiring for the irrigation system shall be as otherwise specified in this part. -6- 7. Investigation Fees: Work without a request for electrical inspection. A. Whenever any work for which a request for electrical inspection is required by the board has begun without first obtaining the request for inspection, a special investigation shall be made before a request for electrical inspection is accepted by the board. B. An investigation fee, in addition to the full fee required by No. 2 to 6, shall be paid before an inspection is made. The investigation fee shall be equal to the amount of the fee required by No. 2 to 6. The payment of the investigation fee does not exempt any person from compliance with all other providions of the board rules or statutes nor from any penalty prescribed by law. 8. Reinspection fee. When reinspection is necessary to determine whether unsafe conditions have been corrected and the conditions are not the subject of an appeal pending before the board or any court, a reinspection fee of $15.00, may be assessed in writing by the inspector. 9. Special inspection. For inspections not covered herein, or for requested special inspections or services, the fee shall be $23.00 per hour, including travel time, plus 24 cents per mile traveled, plus the reasonable cost of equipment or material consumed. This provision is applicable to inspection of empty conduits and other jobs as may be determined by the board. 10. Inspection of transient projects. For inspection of transient projects, including but not limited to carnivals and circuses, the inspection fees shall be as specified herein. The fee for inspection of power supply units shall be that fee specified in No. 4. A like fee will be required for power supply units at each engagement during the season. Rides, devices, or concessions shall be inspected at their first appearance of the season, and the inspection fee shall be $15.00 per unit. In addition to the fee for the power supply units, there shall be a general inspection of each engagement during the season at the hourly rate, with a two-hour minimum. In addition to the above fees, inspections required on Saturdays, Sundays, holidays or after regular business hours will be at the hourly rate, including travel time. An owner of a migratory amusement enterprise shall notify the board of its season itinerary and make application for initial inspection a minimum of 14 days before its first engagement in the state. For subsequent engagements not listed on the itinerary sent to the Board, where the board is not notified at least 48 hours in advance, a charge of $100.00 will be made in addition to all required fees. Also a fee at the hourly rate will be charged for additional time spent by the inspector if the equipment is not ready for inspection at the time and date specified on the request for electrical inspection. The fee for reinspection of corrections is $15.00 for each reinspection. -7- Plumbing Permits (Authorized by City Code 4 . 05) 1. Alterations and Repairs - Minimum Fee 12 . 00 + $.50 State Surcharge Tax 2. New Construction Residential - Minimum Fee 36. 00 + $.50 State Surcharge Tax Commercial - Minimum Fee 60. 00 + $. 50 State Surcharge Tax 3 . Residential Plumbing Permit Fees All fixtures listed below will be figured at 6.00/each Water Closet Water Softener Lavatory (Basin) Bathtub Floor Drain Laundry Tub Sink Shower Stall Disposal Dishwasher Water Heater (Gas or Electric) Clothes Washer-Standpipe Permit fees for rough-ins for future bathrooms will be $5.00 per fixture. 4. Replacements Only Water Heater - Gas 12.00 Water Softeners - New or replacement in other than homes under construction (installer must be licensed by the State Board of Health 12.00 5. Commercial Plumbing Permit Fees Water Closet, Lavatory (Basin) , Urinal, Individual Shower 6.00 Shower - Gang Type - Per Head 4.80 Drinking Fountain 6.00 Dental Unit 12.00 Sink - Service or Mop 6.00 Flat rim, bar, counter, laboratory 8.50 Pot or Skullery 8.50 Clothes Washer - First five units or less 18.00 Each additional unit 3.60 Floor Drain - 2 inch 6.00 3 and 4 inch 7.50 Catch Basin 9.00 Sewage Ejector 12.00 Sumps and Receiving Tanks 12.00 Water Softeners 18.00 Water Heater - Gas - Replacement Only 24.00 -8- Building Permit Fees (Authorized by City Code 4.05) Building value Fees $1.00 to 500.00 $15.00 501.00 to 2,000. 00 $15.00 for the first 500.00 plus 2.00 for each additional 100.00 or fraction thereof, including 2,000.00 2,001.00 to 25,000.00 $45.00 for the first 2,000.00 plus 9.00 for each additional 1,000.00 or fraction thereof, to and including 25,000.00 25, 001. 00 to 50, 000 . 00 $252.00 for the first 25,000.00 plus 6.50 for each additional 1,000.00 or fraction thereof, to and including 50,000.00 50,001.00 to 100,000.00 $414.50 for the first 50,000.00 plus 4.50 for each additional 1,000.00 or fraction thereof, to and including 100,000.00 +8639:88+ 100, 001. 00 to 500, 000. 00 $639.50 for the first 100,000.00 plus 3.50 -for each additional 1,000.00 or fraction thereof, to and including 500,000.00 500, 001.00 to 1, 000,000.00 $2,039.50 for the first 500,000.00 plus 3.00 for each additional 1,000.00 or fraction thereof, to and including 1,000,000.00 1,000,001.00 and up $3,539.50 for the first 1,000,000.00 plus 2.00 for each additional 1,000.00 or fraction thereof Other Inspections Inspections outside of normal business hours (minimum charge - two hours) 30.00/hr. Reinspection fees assessed under provisions of Section 305(g) of the State Uniform Building Code 30.00/hr. Inspections for which no fee is specifically indicated (minimum charge - one-half hour) 30.00/hr. Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one-half hour) 30.00/hr. -9- Plan Check Fee: (Commercial/Industrial Projects) 658 of permit fee A non-refundable plan review fee shall be paid at the time of submitting plans and specifications for review. State Surcharge: (These fees forwarded to the State Treasurer) Less than $1,000 $.50 $1, 000,000 or less .0005 x valuation $1,000, 000 to $2,000,000 $ 500 + .0004 x (Value - $1,000,000) $2,000,000 to $3,000,000 $ 900 + .0003 x (Value - $2,000,000) $3,000,000 to $4,000,000 $1200 + .0002 x (Value - $3,000,000) $4,000, 000 to $5,000,000 $1400 + .0001 x (Value - $4,000,000) Greater than $5, 000,000 $1500 + .00005 x (Value - $5,000,000) Certificate of Occuoancy (Authorized by Res. No. 2604) Commercial/Industrial - .005 times the value of the project, or $500.00, whichever is greater Residential - .005 times the value of the project with a $500.00 maximum 908 of the fee shall be refunded when a final certificate of occupancy is issue . Fast Tracking Issuance of Building Permits (Authorized by Res. #2604) Fast tracking building permit process - City expenses up to 1008 of building permit fee with a 308 deposit Grading Plan Review Fees 50 cubic yards or less No fee 51 to 100 cubic yards 15.00 101 to 1000 cubic yards 22.50 1001 to 10,000 cubic yards 30.00 10,001 to 100,000 cubic yards - 30.00 for the first 10, 000 cubic yards, plus 15.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 to 200,000 cubic yards - 165.00 for the first 100,000 cubic yards, plus 9.00 for each additional 10, 000 cubic yards or fraction thereof. 200,001 cubic yards or more - 255.00 for the first 200, 000 cubic yards, plus 4 .50 for each additional 10, 000 cubic yards or fraction thereof. -10- Grading Permit Fees 50 cubic yards or less 15.00 51 to 100 cubic yards 22.50 101 to 1000 cubic yards - 22.50 for the first 100 cubic yards plus 10.50 for each additional 100 cubic yards or fraction thereof. 1001 to 10,000 cubic yards - 117.00 for the first 1,000 cubic yards, plus 9.00 for each additional 1,000 cubic yards or fraction thereof. 10, 001 to 100,000 cubic yards - 198. 00 for the first 10, 000 cubic yards, plus 40.50 for each additional 10,000 cubic yards or fraction thereof. 100, 001 cubic yards or more - 562.50 for the first 100,000 cubic yards, plus 22.50 for each additional 10,000 cubic yards or fraction thereof. Moving Permit 35.00 Fire Protection Equipment hereby set as follows: Stand pipes and hose cabinets shall be computed at 1% of the contract plus $.50 State Surcharge Tax. Sprinkler Systems shall be computed at $10.00 for the first 10 heads and $3 .50 for each additional 10 heads or part thereof, and $25.00 per hour fee for plan check plus State Surcharge Tax. Well and Individual Sewage Disposal Permits hereby set as follows: Residential: Well 5.50 Commercial: Well 5.50 Residential: Sewage Disposal 37.50 Commercial: Sewage Disposal 37.50 Heating Air Conditioning Refrigeration and Ventilation Perm'* hereby set as follows: Minimum Fee 9.00 + $.50 State Surcharge Tax Single Family Residence 24.00 + $.50 State Surcharge Tax Central Air Conditioning (at the time 6.00 of construction) + $.50 State Surcharge Tax Refrigerant Systems Permit Fees 3 horsepower or less 9.00 over 3 to 15 horsepower 12.00 over 15 to 50 horsepower 60.00 Alterations and repairs Minimum Fee -11- Commercial fee shall be computed at 1.25& of the contract plus State Surcharge Tax. Permits shall cover only single installations. Multiple furnaces, boilers, etc. shall be considered separate installations. Tank & Piping Permits hereby set as follows: Underground fuel storage tanks and piping permit fee to be 1.25& of contract plus State Surcharge Tax. Water Heaters - New (Including Pool Heaters) hereby set as follows: for inputs not exceeding 100, 000 BTU 9 .00 100, 001 to 200, 000 BTU 12 . 00 200, 001 to 300, 000 BTU 14 .50 300, 001 to 500, 000 BTU 15. 00 500,001 to 700,000 BTU 36.00 700, 001 to 1, 000, 000 BTU 48 .00 Any fixture not listed above 6. 00 Rain water Leaders - all stacks 10 stories or less 12 .00 - all stacks over 10 stories Area Roof Drains (each) 7. 50 Lawn Sprinkler Systems - Residential 18 .00 Lawn Sprinkler Systems - Commercial (This fee includes water connection from building piping to yard side of siphon breaker) 30.00 Commercial plumbing permits to be figured by the above fixture schedule but at the time the permit is to be issued, the permitee will certify the contract price and the fee will be based on the above method or 1.253 of the contract price, whichever is greater. Gas Piping Permits hereby set as follows: Minimum Fee E$3-683 5.00 + $. 50 State Surcharge Tax Residential - Each fixture or applicance 2. 50 + $.50 State Surcharge Tax Alterations and Repairs - Minimum Fee Where the gas piping is divided between two contractors such as the Heating Contractor installing the gas line to the furnace and the Plumbing Contractor doing the balance of the gas piping, each contractor shall take out a permit. -12- Commercial For installation of piping up to and including two (2) inches in size, providing not over three (3) openings 11.00 and for each additional opening 3.00 For installation of piping exceeding two (2) inches in size, providing not over three (3) openings 14.50 and for each additional opening 4. 00 Enameling ovens, retorts and similar gas burning devices: Fees to be determined as for commercial water heaters. Steam Generators for process use (pressing, dry cleaning, etc. ) : Fees to be determined as per heating code. Agricultural and Non-Agricultural Storage Form (Report) Annual report processing 10.00 Housing Code Certificate of Occupancy Fees (Authorized by Ordinance No. 261) CLASS 1: 1-3 units rental - Due every five years Initial inspection 40. 00 1st Reinspection 00.00 Each additional inspection thereafter 30.00 Deduct $10.00 for each Section 8 unit. CLASS 2: 4+ units rental - Due every three years Initial each building 50.00 + 5.00 per unit over three 1st Reinspection 00.00 Each additional inspection thereafter 50.00 Waive $5.00 unit charge for every Section 8 unit, and deduct $10. 00 from initial fee per building if it contains any Section 8 units. If entire building is Section 8, then fee is $10.00 maximum. -13- CLASS 3 : Commercial plus residential rental - Due every three years Initial each building 50.00 + 5.00 per unit 1st Reinspection 00.00 Each additional inspection thereafter 40. 00 Waive $5.00 unit charge for every Section 8 unit, and decuct $10.00 from initial fee per building if it contains any Section 8 units. Transfers: Any action certificate may be transferred to a new owner for a fee of $10.00. An owner may apply for a new certificate at any time for the full amount of the appropriate fee listed above. A non-refundable fee of $75. 00 is required for any appeal directed to the City Council. FINANCE - hereby set as follows: Garbage Rates (Authorized by City Code 3 .02) ( 9-95 ) 1. Urban Residence - Retroactive to 12/15/89 Regular 10. 35/month Senior a.TS/month ( 9-. 45T Extra Container Rate $6. 00/month Extra service coupon - $1. 61 + TAX @ . 09 = $1.70 2 . Urban Residence - Effective 5/15/90 Regular Senior 11.00/month Extra Container Rate $7 . 50/mor.t`!. Extra service coupon - $2.13 + TAX @ .12 = $2 . 25 3 . Provision allowing for reopening of contract when landfill rates increase by 103 or more. Sewer Service Charges (Authorized by City Code 3.02) (Effective on the 4/1/83 billing) 1. Quarterly service charge 9.00 2 . For every 1,000 gallons or part thereof of metered 1 22 flow or water usage 3 . Charge for unmetered residential water accounts 9. 10/month or new accounts Standard Service Availability Charge (SAC) Units for Various Commercial Public and Institutional Facilities (Mandated by MWCC) (These fees forwarded to MWCC) -14- Tyne of Facility Parameter SAC Units Archery (6 feet/lane) 6 lanes 1 Arenas 110 seats 1 Auditoriums 110 seats 1 Automobile Service (Fast service less than 4 hrs./car) 2 service bays 1 (Major service more than 4 hrs./car) 14 employees 1 Ballroom (exclude dance floor) Facility without liquor service 825 sq. ft. 1 Facility with liquor service 590 sq. ft. 1 Bank (exclude cash vault) 2400 sq. ft. 1 Banquet Room Food catered 2060 sq. ft. 1 Food catering with dishwashing 1180 sq. ft. 1 Food catered with liquor 1028 sq. £t. 1 Food preparation and dishwashing 825 sq. ft. 1 Food preparation, dishwashing with 590 sq. ft. 1 liquor Barber Shop 4 chairs 1 Beauty Salon 4 stations 1 Boarding House 5 beds 1 Body Shop (No vehicle washing) 14 employees 1 Bowling Alleys (Does not include 3 alleys 1 bar or dining area) Camps ( (# gal x occupant or site)/274) Children's camps (central toilet 50 gal/occupant and bath) @ 274 gal. 1 Day camps (no meals) 10 gal/occupant @ 274 gal. 1 Labor/construction camps 50 gal/occupant @ 274 gal. 1 Resorts (housekeeping cabins) 60 gal/occupant 1 Travel trailer parks @ 274 gal. w/individual water & sewer hookup) 100 gal/site @ 274/gal. 1 w/central toilet & showers 75 gal/site @ 274 gal. 1 sanitary dump (sites w/o hookup) 10 gal/site @ 274 gal. -15- Car Wash (Self-Service) 1 stall 3 Car Wash (Service Station - Automatic Rollover - Brushes) 1 stall 6 Car Wash (Requires specification on equipment flow rate and cycle time) Contact MWCC for determination. Churches (For Sanctuary only) 275 seats 1 Remainder use other criteria Cocktail Lounge 23 seats 1 Correction Facility (Prison) 2 . 5 inmates 1 Dorm Rooms On/off campus students 5 students 1 (charge additional for classrooms) Daycare (Number of children licensed 14 children 1 for) Exercise Area/Gym 700 sq. ft. 1 Fire Station (charge for office, meeting rooms, etc. at established rates) Washing (hose tower, truck) 274 gal. 1 Full time (overnight people) 274 gal. 1 Volunteer (occasional overnight) 14 people 1 Funeral Home (7 sq. ft./person) 110 people 1 (charge viewing areas only - chapel, viewing areas, etc. ) Apartment (1 apartment) 1 Game Room (billiards, video & pinball games) 1 With Bar 590 sq. ft. Without Bar 2060 sq. ft. 1 General Office Building 2400 sq. ft. 1 (deduct mechanical rooms, elevator shafts, stairwells, restrooms and storage areas) Golf Course 1 18 hole (280 golfers/day x 274 gal. 2 . 5 gal/golfer)/274 gal. Par 3 (168 golfers/day x 274 gal. 1 2 . 5 gal/golfer)/274 gal. Country Club 1 Dining room(evenings & weekends) 274 gal. (# seats x 2 fills x 9 gal/person)/274 gal . -16- Bar & grill (if existing bar) Bar 23 people 1 Grill (4 seats x 2 274 gal. 1 fills x 9 gal/ person)/274 gal Bar & grill (no existing bar) 274 gal. ( (168 or 280) golfers x 1 9 gal/person)/274 gal Greenhouse Area not open to public 15000 sq. ft. 1 Area open to public 5000 sq. ft. 1 General retail area 3000 sq. ft. 1 Group Home 5 beds 1 Guest Rooms (apartment or condominium) 1 (charge SAC as apartment) Handball and Racquet Courts 1 court 2 Hospitals (licensed beds) 1 bed 1 (Does not include out-patient clinic) Out-patient clinic 17 f. u. 1 Sterilizers (4 hours x gpm) 274 gal. 1 /274 gal. X-ray film processors 274 gal. 1 (continuous operation 4 hrs. ) (intermittent operation 9 hrs. ) (operation time (hrs) x gpm) /274 gal Laundromats (requires water volume for cycle time, 8 cycles per day) 274 gals. 1 Library (subtract out book storage areas, file areas - charge common plumbing fixture units) 17 f. u. 1 (meeting rooms, board rooms, reception, book checkout, offices) 2400 sq. ft. 1 Loading Dock 7000 sq. ft. 1 Locker Rooms (if showers - 20 gal/ 14 lockers 1 person) Mini-Storage (storage area - no charge) Living area 1 Public restroom (plumbing fixtures) 17 f. u. 1 Mobile Home 1 Motels and Hotels (assume 2 persons/ 1 2 rooms room) (pools, saunas, jacuzzis, game rooms, or exercise rooms exclusively used by guests - no charge) Kitchenettes (# kitchenettes x 10 gal/day @ 274 gal) Nursing Home 3 beds 1 Police Station (charge as office) cells overnight (# overnight people x 80 24 gal 1 gal/person)/274 gal no overnight people 14 people 1 Recording/Filming Studios 7000 sq. ft. 1 Restaurant (Drive-in) 9 parking spaces 1 Restaurant (Fast food) 22 seats 1 Restaurant 8 seats 1 Retail Stores 3000 sq. ft. 1 (deduct mechanical rooms, elevator shafts, stairwells, restrooms and unfinished storage areas) Roller Rink (skating area) 825 sq. ft. 1 Rooming Houses 7 beds 1 RV Dumping Station 1 (not in association with camp grounds) Schools (Sunday) 55 students 1 Schools (Elementary) 18 students 1 Schools (college, TVI) (30 sq. ft./student) 18 students 1 Lector Halls (15 sq. ft./student) 18 students 1 Dorm rooms 1 On/off campus students 5 students Schools (Nursery) - Number of students 1 licensed for 14 students Church (nursery - during worship 55 children 1 service only) (30 sq. ft./child) -18- Nursery (health clubs, bowling 2400 sq. ft. 1 alleys, etc. ) Schools (Secondary) 14 students 1 Service Station (gas pumping only) 1 Service Station (with service center) 2 (2 service bays) Service Station (with service center and car wash) 8 Swimming Pools (Public) 900 sq. ft. pool area 1 Tennis Courts (Public) 1 court 2 Theater 64 seats 1 Theater (drive-in) 55 parking spaces 1 Vehicle Garage Employees stationed at garage 14 employees 1 Vehicle drivers (per day) 28 drivers 1 Vehicle washing (# vehicles/day x gpm x minutes/vehicle)/274 gal 274 gal. 1 Warehouses 7000 sq. ft. 1 Whirlpool (doctors office/clinic, 274 gal. 1 therapy) (# gal/fill x 8 fills/day)/ 274 gal. Yard Storage Buildings (ex: lumber storage) 15000 sq. ft. 1 (customer pickup, no permanent employees) Plumbing Waste Fixture Units: TVDe of Fixture Fixture Unit Value Drinking fountain 1 Floor drain 2" waste (only if 2 3" hose bib 3 4" included) 4 Shower stall, domestic 2 Shower (gang) per head 1 Sinks (lab in exam room, bathroom) 1 (kitchen, and others) 2 (surgeon) 3 (janitor) 4 Urinals (single - wall hung) 3 (trough - per 6 foot section) 2 Water closet 6 -19- The SAC unit for a facility not included in the above list will be determined by the Metropolitan Waste Control commission. A request for SAC unit determination should be made prior to the issuance of the Building Permit. Residential SAC Charge (Mandated by MWCC) (These fees forwarded to MWCC) Residential 600. 00/unit Water Availability Charge (WAC) (These fees forwarded to SPUC) Fees are set by SPUC by resolution. Office Charges hereby set as follows: 1. Assessment Searches 6.00 2. Copy fee General Public .20 Other governmental/non-profit public service •07 3. City Code 25.00 4. Comprehensive Plan (see page 20) 25.00 5. City Map (small) General Public 1. 00 Other governmental/non-profit public service .25 City Map (large) General Public 2 .00 Other governmental/non-profit public service . 50 POLICE Accident Report Copies hereby set as follows: 2 . 00 1. One page 3 . 00 2 . Two pages Towing and Impounding of Vehicles hereby set as follows: Towing and impounding is done by a private contractor having appropriate impounding facilities. Fees are set by contractor. Dog Licenses Impounding Fees etc. (Authorized by City Code 10.21) 1. Dog Licenses (good for the life of the dog) 5. 00 -20- 2 . Duplicate license 1.00 3. First impoundment 10. 00 4. Second impoundment 20.00 5. Third and successive impoundment within a 12-month period 30.00 6. Amount charged per day when confined to the Pound 3.00 7. In the case of an unlicensed dog or a dog for whom proof of a current rabies vaccination cannot be shown, there shall be an additional penalty of $5.00. PUBLIC WORKS Equipment Rental hereby set as follows: Caterpillar Grader (private) 80. 00/hour (State snow removal) 68.29/hour Front end loader (Fiat-Allis) private 82. 00/hour (State snow removal 2-1/2 yd. w/blower) 68.29/hour Front end loader (Case) private 82 .00/hour (State snow removal 2-1/2 yd. w/o blower) 71.21/hour Elgin street sweeper 75.00/hour Elgin sweeper (State contract-twice/yr) 53.00/hour Roscue Side Broom 40.00/hour 2-1/2 ton dump truck (single) 50. 00/hour 2-1/2 ton dump truck w/plow 65.00/hour 5 ton dump truck (tandem) 65. 00/hour 3/4 ton pickups (w/plow add 10.00) 40.00/hour 5 ton tandem truck 2 w/plow 70. 00/hour Water tanker/flusher 45.00/hour Trash compactor 35.00/hour Mower tractor (turf type) 40.00/hour Weed Mowing (rough) 45 . 00/hour Asphalt roller (1-1/2 ton) 20. 00/hour Pull paver 25. 00/hour Steamer (w/tender) 65. 00/hour -21- Raygo alley grader 35.00/hour Wood Chipper 40.00/hour Post hole digger (tractor mounted) 40.00/hour j (w/o tractor) 20.00/hour Power auger (hand held) 15.00/hour � Sign replacement/installation 75.00/sign (w/o post less $10.00) Sewer rodder 45.00/hour (or .55 per foot) Video sewers (w/cassette add $20.00/each) 50.00/hour Sewer jet cleaning 50.00/hour (or .60 per foot) Vacuum Inductor 50.00/hour Barricades w/flashers 8.00/day Barricades w/o flashers 6.00/day Cones 1.50/day Butuminous Street Repair 2.50/sq. ft. PLANNING - hereby set as follows: Application for Conditional Use Permit Home Occupations, single family residential 85.00 (-75-66 All others 185.00 (175-66 Renewal (same as new) Appeal to City Council 85.00 (-75:66 Application for Variances Single Family Residential 85.00 (-75.76E All others135.00 (}65-6E , Appeal to City Council 85_90 (-75-66 Application for Plats. Divisions (incl. $45.00 for signing) Preliminary Plat 245.00 + $5/lot or 145.00 + $3/acre, whichever greater -22- Preliminary & Final Plat Concurrently Preliminary fee plus final fee Final Plat ($50. 00 City Attorney Title Examination) 125. 00 Lot Split 50.00 Registered Land Survey 50.00 Lot Consolidation 50.00 Application for Rezoninc (incl. $45.00 for signing) All re2onings 250.00 Application for Planned Unit Development Preliminary Development Plan 200. 00 + 15. 00/acre Final Development Plan 100. 00 Preliminary and Final Development Plan Concurrently 300.00 + 15.00/acre Amendment to Final Development Plan 100.00 Deposit - The Administrator may request the proponent to deposit up to $1, 000. 00 for planning, engineering, administrative and legal expenses incurred by the City for the review and processing of the application, any remainder of which will be refunded to the applicant. All projects requiring an EAW or EIS must deposit $1, 000. Application for Fill & Mining Permit 1 - 1000 yards 35. 00 Over 1, 000 yards 185.00 (C.U.P. Fee) + all consultant fees, 2,500. 00 cash Application for Sian Permit deposit required Permanent 20. 00 + $. 25/sq. ft. Temporary 10.00 Copy of Official Maps Zoning (22" x 34") 2 . 00 Special Printed Maps .25/sq. ft Topography Maps 5. 00/acre Flood Plain Maps (free) -23- Developers Packaoe Land Use Regulations (Zoning) 10 . 00 Subdivision Regulations 3 . 00 Sign Regulations 1. 00 Comprehensive Plan 25.00 ENGINEERING - hereby set as follows: Department Fees (employees) City Engineer 43.00/hour Technician IV 29.50/hour Technician III 27.50/hour Technician II 22.50/hour Secretary 19.50/hour Salary multiplier 1.7600 used when an employee's rate is not specified above. Project Plans & Specifications Charged at 903 of the fees computed according to Curve B expressed as a percentage of construction costs for projects of average complexity from 1972 ASCE Manual No. 45. Permit Review 1. Commercial 30.00 2. Residential 15.00 3. Recheck at 1/2 the original fee Plan Plat and Report Review 1. Review 30.00 2. Plus hourly rate 3. Recheck at hourly rate Storm Water Drainage Utility City-wide special benefit fee 10.32/ (Payment due within 30 days - a penalty quarter/ of 53 per quarter added to past due amount) REF*-acre *Residential equivalent factor -24- Flood Plain Verification 6.00 Permit to Work in Public Right-of-Way fees set as follows: Permit to work in public right-of-way 15. 00 When work in public right-of-way requires the submittal of plans and specifications, review of the plans shall be charged in accordance with the hourly fees approved for the Engineering Dept. PARK Municipal Swimming Pool Fees - hereby set as follows: Gate Fees $ 1.50 Children (under 19) 2. 00 Adults Season Tickets $34 .00 Family (Plus $2. 00 SCR Filing Fee) 19. 00 Individual (Plus $2. 00 SCR Filing Fee) Instruction $13. 00 Session (Plus $2 .00 SCR Filing Fee) Water Slide $ 1.00 Five Ride Ticket 3.00 Afternoon or Evening Pass OTHER - hereby set as follows: 1. Application fee for variance from or amendment to the cable franchise ordinance 25. 00 PLUS Costs of consultants hired to assist the City in considering variance applications will be billed to applicant based on actual cost to the City. Notification will be sent to applicant that consultants will be utilized when that determina- tion has been made. MEMO TO: Dennis Kraft, City Administrator FROM: Steve Hurley, MIS Coordinator SUBJECT: Hard Drive Upgrade DATE: 12/15/89 INTRODUCTION: The City is seeking to get its new file server and network software up and running by replacing a hard drive and controller. BACKGROUND: To this date we have been unable to use the new server because of a hard disk drive incompatibility with our existing system. PC Express, the vendor, has offered its apologies for any inconveniences or misunderstandings we may have experienced. Even though it is well beyond their 90 day warranty PC Express wants to retain the City as a customer and therefore is willing to give us full credit ($1,000) for the disk drive and drive controller they sold us. To avoid compatibility problems the City needs to purchase one larger drive with controller. We will then have enough disk storage capacity to last us for the next 3-5 years depending on our applications. RECOMMENDATION: Purchase from PC Express one CDC 300 Mb SCSI hard disk drive for $1995 with a Future Domain 881 controller for $259. We will be given full credit of $1000 for the old drive and controller. Total cost to the City is $1,254. Finance has $1,600 available in its 1989 budget and has indicated it can be used for this purchase. REQUESTED ACTION: Move to approve purchase of hard disk drive and controller from PC Express for a total cost of $1,254. Funds to come from Finance. 70/ MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Adopted No Smoking Policy DATE: December 14, 1989 INTRODUCTION• The Shakopee City Council authorized a smoking/no smoking policy effective October 1, 1988. This policy also targets a totally smoke free work place as of January 1, 1990. BACKGROUND• The initial action limiting where smoking could occur in City Hall which was taken by the City Council in 1988 was carried out consistent with the provisions of the Minnesota Clean Indoor Air Act. As that action occurred more than 14 months ago I intend to remind all employees of the City Council action. Recently, according to the Personnel Coordinator, several employees have inquired about the January 1, 1990 smoke free date. RECOMMENDATION• It is recommended that the City Council reaffirm that the City buildings and facilities will be declared a totally smoke-free work place as of January 1, 1990. Posting of buildings/facilities will occur during the first week of January implementing this action. ACTION REOURSTED• Affirm the provision of Administrative Policy No. 176 declaring all City of Shakopee buildings and other indoor facilities are a smoke- free work place effective January 1, 1990. Memo To: Dennis R. Kraft, City Administrator Mayor and City Council Members From: Marilyn M. Remer, Personnel Coordinator Re: Request for Unpaid-Leave-of-Absence (Informational) Date: December 13, 1989 Introduction Personnel Policy provides that the City Council may grant any permanent employee a leave of absence without pay for a period not exceeding 90 days except that it may extend such leaves to a maximum period of one year in case the employee is disabled or where extraordinary circumstances, in its judgement, warrant such extension. Back rg ound Bernice A. Lebens, Custodian, is requesting Council approve a leave for up to 90 days due to the illness of her husband. Bernice's current work schedule is assisting Rose Mertz on Mondays, noon to 8 P.M. cleaning the Senior High Rise building and the Police Department, and Tuesdays from 6:00 A.M. to noon cleaning the Community Recreation and Library buildings, approx. 14 hours per week. To cover the immediate needs, Valley Temporary Services has been contacted and will provide a Custodian on a temporary basis for $7.76/hour. The current custodian rate of pay is $8.78/hour. DEC 12 SF,9 / 9d'S T �� 4Y6�, Z � Memo To: council From: Building Inspector Subject: Leave of Absence/Bernice Lebens Date: 12/15/89 Introduction Mrs. Lebens has requested an unpaid leave of absence of ninety days due to illness in the family. our major problem with granting a leave and making no provisions for filling the slot is; we cannot have people working in these buildings by themselves. Should some one have an accident, stroke or heart attack, we would not find them until the next day. Alternatives 1. Grant leave and fill slot with person from Valley Temporary Service. 3. Grant leave and hire a professional cleaning company to take care of one of our buildings. 2. Do not grant leave. Recommendation I recommend alternative number one. Action Requested Approve a leave of absence up to 90 days for Bernice Lebens and authorize filling the position during her leave using a temporary service. Memo To: Dennis R. Kraft, City Administrator From: Marilyn Ramer, Personnel Coordinator Re: Temporary Custodian Services (Informational) Date: December 19, 1989 The temporary custodian Valley Temporary Services had scheduled to start Monday, 12/18/89 changed her mind and Valley Temp was not able to find a replacement. The Manpower Office in Burnsville was able to locate a person who was able to start this Monday. The rate charged by Manpower is $10.53/hr. Considering the current custodian rate of $8.78/hr. plus benefits which average an additional 25-308 cost to the city (which would bring the actual cost close to the $11.00/hr. range) the $10.53/hr. is still within range. To cover the immediate needs, LeRoy Houser approved using the individual from Manpower. He has worked both Monday and Tuesday and Rose Mertz reports he is very capable and does a good job and would be available for Mondays and Tuesdays for the 3-month period, and possibly any other backup that might be required. Considering the hours are somewhat unusual and finding individuals available for such a schedule, I would recommend that we continue with the Manpower services. e Memo To: Dennis R. Kraft, City Administrator 7 // . From: Marilyn Remer, Personnel Coordinator (o/ 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. Recommendation Staff recommends Council approve Sgt. Anderson's request for payment of unused holiday, vacation leave and comp-time balances through November 12, 1989. Action Requested 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. �r T0: MAYOR, COUNCILMEMB EAS, 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, tt,ti�� Dennis Anderson, Sergeant Shakopee Police Department Memo to: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Re: Police Investigator Pay Date: 12/12/89 Introduction The labor contract with the police officers union provides for additional pay for employees assigned as investigators. Background The union contract with the police officers union provides for additional pay in the amount of $100 per month shift deferential to any employee appointed or assigned by the Employer a to act as an Investigator/Detective. Officer Nosbusch has been assigned as a investigator. His time sheets reflect an eight hour - five day shift charged to the investigation program number starting October 3, 1989. Patrol Officers normally work a 10 hour - four day shift charged to the patrol program. Alternatives 1.) Do not pay investigator rate 2.) Pay Investigator rate Recommendation The recommendation is to comply with the union contract or document that the union concurs that investigator pay only applies to indefinite assignments as investigator and does not apply to temporary assignments (i.e. 6 months) . Action Requested Move to direct staff to (pay/not pay) Officer Nosbusch investigator pay '. starting 10/3/89 and process the appropriate documentation. GV:mmr q base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. ARTICLE XVI. WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE XVII. INSURANCE Effective January 1, 1988 the Employer shall contribute up to two hundred thirty-six dollars and eighty-two cents ($236.82) per month per employee toward health, life and long-term disability insurance. Effective January 1, 1989 the Employer shall contribute up to two hundred forty-six dollars and eighty-two cents ($246.82) toward health, life and long-term disability insurance. ARTICLE XVIII. STANDBY PAY Employees required by the Employer to standby shall be paid for such standby time at the rate of one hours' pay for each on standby. ARTICLE XIX. UNIFORMS Employees will be paid a uniform allowance during January of each year. The allowance will be four hundred fifty dollars ($450.00) cash for calendar years 1988 and 1989. ARTICLE XX. LONGEVITY The following Longevity Pay Plan will be in effect: At the start of the fifth (5th) year of service, an employee shall receive one hundred five dollars and sixty-four cents ($105.64) per month additional. At the start of the eighth (8th) year of service, an employee shall receive one hundred thirty dollars and ninety-two cents ($130.92) per month additional. At the start of the eleventh (11th) year of service, an employee shall receive one hundred fifty-six dollars and eighteen cents ($156.18) per month additional. At the start of the fifteenth (15th) year of service, an employee shall receive one hundred eighty-three dollars and seventy-three cents ($183.73) per month additional. ARTICLE XXI. HOLIDAYS 21.1 All permanent employees and full-time probationary employees shall be eligible for eighty-eight hours of holiday pay (11 paid holidays) . 8 / r 3.7 UNION OFFICER: Officer elected or appointed by the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.8 INVESTIGATOR/DETECTIVE: An employee specifically assigned or classified by the Employer, to the job classification and/or job position of Investigator/Detective. 3.9 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Periods during the Scheduled Shift, during which the employee remains on continual duty and is responsible for assigned duties. 3.12 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-dawn, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. ARTICLE IV. EMPLOYER SECURITY The Union agrees that during the life of this Agreement that the union will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with, the normal functions of the Employer. ARTICLE V. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions - and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE VI. UNION SECURITY • . 6.1 The Employer shall deduct from the wages of Employees who authorized such a deduction, in writing, an amount necessary to cover monthly Union dues. Such monies shall be submitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a 2 APPENDIX A - WAGES A.1 Effective January 1, 1988 the Police Officer Salary Schedules shall be as follows: After 36 months _ $2,727.05 per month After 24 months (908 of Top Patrol rate) $2,451.64 per month After 12 months (808 of Top Patrol rate) $2,179.24 per month Start (758 of Top Patrol rate) $2,043.04 per month A.2 Effective January 1, 1989 the Police Officer Salary Schedule shall be as follows: After 36 months $2,819.39 per month After 24 months (90% of Top Patrol rate) $2,537.45 per month After 12 months (808 of Top Patrol rate) $2,255.51 per month Start (758 of Top Patrol rate) $2,114.54 per month A.3 The Employer agrees to pay one hundred dollars ($100.00) per month shift differential to any employee appointed or assigned by the Employer to act as an Investigator/Detective. 12 TO: MAYOR, CITY COUNCIL, CITY ADMINISTRATOR FROM: JOHN DU BOIS, DEPUTY CHIEF OF POLICE DATE: DECEMBER 18, 1989 RE: OFFICER GARY NOSBUSCH TRANSFER OF DUTY FROM PATROL TO INVESTIGATION On October 1 , 1989 I transferred Officer Gary Nosbusch from the patrol division to investigations. The reasons for this transfer are three fold . First, Officer Nosbusch has a keen sense for investigation and has demonstrated ability following up on cases. Secondly and primarily an investigator was needed in the evenings to follow up on cases because the working families of today who are victimized are not available for interviewing during the day, therefore Officer Nosbusch' s shift was scheduled from 5:00 p.m. to 1 :00 a.m. Thirdly, we have intensified our efforts in curbing drug activity in Shakopee and Officer Nosbusch has been handling a heavy case load of drug work while working with the Southwest Task Force. To date the trial period of an evening investigator has been very beneficial and we have positive results such as seven arrests for narcotics, three for procuring alcohol to minors, twelve car prowls, two for forged checks, one criminal sexual contact, one auto theft, and two burglaries. These are all cases that were developed and arrests made primarily by the use of the evening investigator. These numbers do not include cases assigned to the day shift for follow up. Therefore, I am continuing Officer Nosbusch in this position as I see it promoting a more efficient operation to the police department. I 1`�olae Girl Srx�:�e �� �< < - onger than thirty (30) days, nor shall successive temporary appointments be permitted for the same position. Section 11. PROVISIONAL APPOINTMENT. (a) The commission may authorize the appointing authority to make ' provisional appointment when a vacancy in the department exists for which there is no eligible register . Such provisional appointments shall remain in force not longer than ten (10) days after the commission has issued a certifi- cation from an appropriate eligible list and in no event for a period in excess of ninety (90) days . (b) Within sixty (60) days after suthorizing a pro- visional appointment, the commission shall hold an examination for such position. Section 12. TRANSFER AND DEMOTION. (a) The transfer of an employee from one position to another within the same classification shall be considered an assignment and shall be within the sole discretion of the chief based on his best judgment as to whatever will promote the efficient opera- tioc, of the department. (b) The transfer of an employee to a position in a different classification from that in which he was serving and for which a lower salary rate is prescribed shall be considered a demotion and may be made only by the commission, after a recommendation by the chief . Section 13 . SUSPENSION. For disciplinary reasons or -pending investigation, or charges duly made against an employee, the commission shall have authorityto suspend him from duty for a period not exceeding sixty (60) days. 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YW Y 1+ W W N o 0 . w n o W N S N 'C 0 w a h m O n a H [•J Fi 00 O W OJ W w N Y a p Z r O � c+ r W W w w W w W w W N N N N N N N N N N N N Y Y r Y Y Y N O\ 1 F F W N r 0 �O p � 0\ �n F W N r 0 0 0 �O Ol N O\ ut F O I O "rol H N lU r ry 3� tlal Y O O C'J J m N < W H OJ W U1 3 H H 3 7 < OO 3 O C'J O N C 9 ti m � o >.' 0 3W a c(fj ❑ .O .n 3 O O H m O Ra' n O m. y K W m y C O 3 W r W m N N H Y N NnR' Y3 F - N 0 Nm nJ N 0 n .TnQ H N ro N M C O z C ham' y O W H O O m m m m 0 F H r n r 3 F- o c N 0 0 .p N 0 N O W w 0 O ,1 . . 0 0 O O�n . O O . . O o 0 0 1 O F M T 0 , 0 p 0 F D\ 0 0 0 0 0 0 0 N G\ 0 � o c a n n V c' m n rn 3 a m y Mm 0 rn crrrr c 3 m caro m0 m m p+ m 0 m n a � 001 z y � � m m a y m G Y � O '.1 W tf O S <a] � O N � @ m v+ rs ro r m a �ONNW J..rpp�D � OO�FO�m G n trl z � w x � z 0 m 0 a 0 y 7 F CONSENT 9/l� TO: Dennis R. Kraft, City Administrator 4 FROM: Gregg Voxland, Finance Director RE: 1990 Workers' Compensation Insurance DATE: December 14, 1989 Introduction The workers' compensation insurance policy expires December 31, 1989. Back rf ound The City has used the League of Cities insurance program for workers' compensation insurance since about 1982. The City has good rates, good service and receives dividends via reduced rates from the program when the Board of Directors of the program deem it possible. This is a non-profit self insurance pool with other cities. The premium rates were unchanged from 1987 and 1988 but are up about 158 for 1990. The deposit premium is for 1990 $88,376.00 compared to $69,080 for 1989. Premium increase is due to the rate increase, wage increases and more employees. Alternatives 1. Stay with League program 2. Drop insurance 3. Seek other carrier Recommendation Alternative number one. Action Recuested Move to accept the quotation of the League of Cities Insurance Trust for workers' compensation insurance for 1990and authorize payment of the deposit premium of $88,376.00 183 University Ave.East St.Paul,MN 55101.2526 League of Minnesota Cities (612)227.56W(FAX:221.0986) December 1, 1989 To: LMCIT member cities and agents From; Peter Tritz Re: Workers compensation rates for 1989 1990 RATE LEVELS The League of Minnesota Cities Insurance Trust's rates for workers compensation coverage will increase 158 for 1990. The increase applies across-the-board to all payroll classes, and is LMCIT's first rate increase since 1987. After reviewing an analysis by LMCIT's actuarial consultants, the LMCIT Board of Trustees concluded that this increase was necessary to keep LMCIT in a strong financial condition. Why is the increase needed? Claims costs have risen faster than premiums. Much of the increase is in medical costs, which average about 403 of tdtal claims. LMCIT's paid medical costs per claim for 1986 claims were $295 as of 10/31/86; at 10/31/89 the comparable figure was $422 - a 433 increase. The Statewide Average Weekly Wage, which under the statutes is used to establish the minimum and maximum workers compensation indemnity payments, increased 14.73 in the past three years. Another increased cost factor is the assessment paid to the state Special Compensation Fund (formerly called the Second Injury Fund) . At the beginning of 1987, that assessment equalled 253 of indemnity payments; it's now 313. This compounds the increase in indemnity benefits; LMCIT is now paying a higher rate applied to bigger indemnity payments. Of course as city salaries increase, total premiums rise as well. But this only partly offsets the increased loss costs. LMC salary surveys show a 123 increase in city salaries in the past three years - less than the increase in the minimum and maximum workers compensation benefit levels, and much less than the increase in medical costs. (And of course, even that effect is absent in the volunteer firefighter class, which represents nearly 113 of LMCIT's total claims. ) Investment income on reserves held for future claims payments also helps offset some of the premium increase that would otherwise be necessary. CONSENT (]�^ MEMO TO: Mayor and Council Members x FROM: Dennis Kraft, City Administrator U SUBJECT: Bl000mington Ferry Bridge DATE: December 14, 1989 On December 13 , 1989 a public hearing was held on the Bloomington Ferry Bridge Project at the Hennepin Technical College. This will be the only public hearing on this project. As a requirement of the public hearing, persons may submit written comments for the record through December 29 , 1989 . Attached is a draft copy of a statement by the City Council under the Mayor ' s signature for inclusion in the official public hearing record. Staff would like Council to review this statement and provide staff with the appropriate direction. If the statement is acceptable to Council, it will be submitted as written. The City of Shakopee will also be one of the approving agencies for the final plans for this project. ACTION REQUESTED: Direct the appropriate City officials to submit a written statement in support of the Bloomington Ferry Bridge. DRK/pmp BRIDGE r�3 CITY OF SHAKOPEE • F INCORPORATED 1870 129 EAST FIRST AVENUE,SHAKOPEE. MINNESOTA 55379-1376 (612)4453650 December 14, 1989 V � i' y Mr. Bruce Polaczyk Hennepin County Bureau of Public Service 320 Washington Avenue South Hopkins, MN 55343 RE: County Road 18 Bridge Dear Mr. Polaczyk: The City of Shakopee would like to submit this official, written statement for inclusion in the public hearing record on the County Road 18 Bridge and Roadway Project. The City of Shakopee would like to officially go on record as being in total support of the new proposed Bloomington Ferry Bridge and subsequent Roadway to Interstate 494. The City of Shakopee has been a supporter of this project and the efforts of the Scott County Transportation Coalition to improve the transportation in Scott County. The economic vitality of Shakopee, Scott County and the entire southwest portion of the metropolitan area depend on relieving the traffic congestion created by the bottleneck at the existing County Road 18 Bridge. In addition to providing needed economic growth to our area, the new Bloomington Ferry Bridge will greatly improve the transportation system for the thousands of commuters who cross the Minnesota River on a daily basis as well as the thousands of metropolitan residents who desire to visit the numerous attractions in Shakopee such as Canterbury Downs, Valley Fair, Renaissance Festival and Murphy's Landing. On a regional basis, the traffic bottlenecks in Shakopee have long been identified as an impediment to economic growth to communities south and west of Shakopee. A new County Road 18 Bridge will have a positive impact on the entire regional transportation system and provide a gateway to the metropolitan area. On December 19, 1989 the Shakopee City Council reviewed this letter and voted to submit it as an official statement in support of the project. Respectfully Submitted, Dolores Lebens, Mayor City of Shakopee Fry EOUIL OYeOF IUNRYENGLOYEF COUNTY ROAD 18 DESIGN PUBLIC HEARING December 13, 1989 Hennepin Technical College, Eden Prairie,Minnesota PROPOSED PROJECT The proposed project includes upgrading C.S.A.H. 18 to a four lane divided roadway from the proposed Shakopee Bypass (T.H. 101) in Shakopee to 1-494 in Bloomington (See attached map). The bridge will be designed for an ultimate capacity of six lanes. C.S.A.H. 18 is proposed to be a four lane freeway between the Shakopee Bypass and 108th Street North of 108th Street, C.S.A.H. 18 is proposed to be a four lane divided expressway with signalized intersections. STATUS OF PROCESS An Environmental Impact Statement (EIS) was completed for this pro act and a Record of Decision was signed by the Federal Highway Administration in 1987. The EIS consijered corridor alternatives and addressed environmental arTacts and mitigation. Since that time, Hennepin and Scott Counties have proceeded with preliminary design of the selected alternative. This public hearing is being held to explain the design features of the project and obtain public input on design issues. After this hearing, the "Study Report" for this project will be submitted to the Minnesota Department of Transportation and Federal Highway Administration for review. After the "Study Report" is approved, right-of-way acquisition will begin and the final design of the project will be completed. Construction is expected to begin in 1991,with completion of the bridge by 1994. RELOCATION Six homes and three businesses will likely require acquisition and relocation assistance. Someone is present at the hearing who is prepared to address relocation assistance. For further information on relocation, contact the following: In Hennepin Counts In Scott Counts. Relocation Advisor Scott County Highway Department Hennepin County Real Estate Division 600 County Trail East 320 Washington Avenue South Jordan,Minnesota 55352 Hopkins,Minnesota 55343 (612) 496-8346 (612) 935-3381 GENERAL INFORMATION For other information on the project,please contact the following: In Hennepin Countv: In Scott Counts. Bruce Polaczyk, Design Engineer Brad Larson,County Engineer Hennepin County Bureau of Public Service Scott County Highway Department (612)9353381 (612)496-8346 ORAL COMMENTS If you would like to speak at the hearingg please fill out a sppeaker card at the sign-in table. Speakers will be called in the order they sign up. Speakers wilt have five minutes to provide their statements. WRITTEN COMMENTS The design public hearing record will remain open through Friday, December 29, 1989. Please send written comments to the following address: Mr. Bruce Polaczyk Hennepin County Bureau of Public Service 320 Washington Avenue South Hopkins, Minnesota 55343 All project documentation is available for review at this address as well. 1A94��— W.]BIH ST. v CNecnoB ANDERSON DFIvpO ovunrnwxv CAKES ON V EDEN PRAIRIE w mrnoR BLOOMINGTON rbI oorDH F I `o pa cRAA erD D roma i1RFFC R4 @h,R BEpARATION GGpa tp ' •. C� (i PROPOSED BLOOABNGCON FERRYBRIDGE ns,,M AKE i• EMSTL`1G BLOOMINGTON •% `� FERRY BRIDGE OLD J _...T fG•V is 7 O R CE LAKE Y awy,�� P SFIAKOPEE B CA OPE E \ i Bwms YPABB '�pI4 SAVAGE b V 3500' 0 3500' .= ,u RJ HENNEPIN AND SCOTT COUNTIES Sn�'Slrgar-Roscoe-Fausch,Inc. COUNTY STATE AID HIGHWAY IS PROJECT LAYOUT lam, Consnlling Eng neem SHAKOPEE BYPASS TO I-494 MEMO TO: Dennis Kraft, City Administrator FROM: John H. DeLacey, Engineering Tech. III y SUBJECT: Downtown Streetscape, Project No. 1987-2 DATE: November 28, 1989 INTRODUCTION: A change order is needed for the above referenced project. BACKGROUND: This past summer the Contractor for the Downtown Streetscape Project completed all the work required for this contract . However , in "Finalizing" out the project , staff noticed a depression in the road surface on Fuller Street in front of the Laurent Building. Upon further investigation it was discovered that a roof drain had been missed when the old storm sewer pipe was removed by the Contractor. The water from the roof drain caused the gravel base to settle into the subsoils creating the depression. Engineering staff then requested the Contractor to tie the roof drain into the nearest catch basin and patch Fuller Street from the resulting work. Staff has determined that this oversight of the roof drain was at no fault of the Contractor' s since no one was aware of it' s existence. Staff has further reviewed the Contractor' s request for payment of $930 . 10 and finds it to be a fair price. ALTERNATIVES: 1 . Approve Change Order No. 10 in the amount of $930.10. 2. Deny Change Order No. 10 in the amount of $930 .10. RECOMMENDATION: Staff recommends Alternative No. 1 approving Change Order No. 10 in the amount of $930 .10 . ACTION REQUESTED: Approval of Change Order No. 10 in the amount of $930.10 to Hardrives, Inc. , 9724 10th Avenue N. , Plymouth, MN 55441 for the Downtown Streetscape Project No. 1987-2. JHD/pmp C010 CHANGE ORDER Change Order No. : 10 _ Project ._.ae: Downtown Streetscaoe Date: November 29. 1989 Contract No.: 1987-2 Original Contract Amount $ 2,186.457.65 Change Order(s) No. 1 thru No. 9 $ 58,154.93 Total Funds Encumbered Prior to Change Order $ 2,244.612.58 Description of Work to be (Added/Deleted): Connection of floor drain to storm sewer catch basin and patch work on Fuller Street. The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be increased $ 930.10 The number of calendar days for completion shall be (increased/decreased) by N/A Original Contract Amount $ 2,186.457.65 Change Order(s) No. 1 thru 10 $ 59.085.03 Total Funds Encumbered $ 2.245.542.68 Completion Date: N/A The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. Contractor: _ 114R0 .7tucS 7ti, By: / Title Date: APPROVED AND RECOMEJTED• City Engineer Date APPROVED: City of Shakopee By: Approved as to form this Mayor Date day of 19 City Administrator Date City Attorney City Clerk Date ONSENT MEMO TO: Mayor and City Council FROM: LeRoy Houser, Building official RE: Electrical Contract DATE: December 12, 1988 INTRODDCTION AND BACKGROUND: We currently have Terry Krominga under contract for our electrical inspections. His contract expires December 31, 1989. We have attached a new contract to be executed for 1990 with Mr. Krominga. ALTERNATIVES• 1. Renew the contract with Mr. Krominga. 2. Do not renew the contract and seek another source for electrical inspections. RECOMMENDATION• I recommend we renew our electrical contract with Mr. Krominga. ACTION REOUESTED• Authorize the appropriate city officials to execute the electrical contract with Terry Krominga for the 1990 operational year. LH/jms CONTRACT FOR ELECTRICAL INSPECTIONS CITY OF SRAKOPEE Terry Krominga, Box 91, LeSueur, MN 56058, is hereby appointed electrical inspector for the City of Shakopee to serve at the pleasure of the City Council. The city of Shakopee acknowledges receipt of his electrical inspector's bond in the amount of $1,000 payable to the City of Shakopee in case of default. As such inspector, he. hereby agrees to enforce the Minnesota Electrical Act, the Rules and Regulations of the State Board of Electricity thereunder and the appropriate Ordinances of the City of Shakopee, as pertaining to the licensing of electricians and inspection of electrical installations. The rate of compensation for his services shall be 803 of the electrical inspection fees collected by the City of Shakopee. In addition to any other rules, regulations or directives promulgated or issued under authority of the City of Shakopee, he hereby agrees to comply with the following rules: 1. Report to this office when called upon. 2. Supply the City of Shakopee with a verification of automobile liability insurance on Form 1927 of the amounts of not less than $50,000 for any one per- son, $100,000 for any one accident for personal injury and $10,000 for property damage. 3. Supply a monthly report of inspection completed. (Payment shall not exceed percentage or work completed) . 4. Deposit with the City of Shakopee any inspection fees received in the field. 5. Delegate authority and responsibilities to no one except duly authorized representatives of this office upon request. 6. Keep a Journeyman or Master electrician's license in force at all times. By this appointment, the City of Shakopee places trust and authority upon Terry Krominga as an independent contractor qualified and certified as such to make electrical inspections in behalf of the City of Shakopee in the geographical area defined by the City's corporate limits. This appointment shall be dated concurrent with said bond, which shall terminate on December 31, 1990, unless amended or withdrawn previous to that date by the City of Shakopee or its duly authorized agents, or which shall terminate upon 30 days written notice by Terry Krominga requesting same. Approved by the Shakopee City Council this day of 19 CITY OF SHAKOPEE +^z' Terry Kr minga Mayor of the City of Shakopee /3 9 Present Address City Administrator LeSis..-+mss �-- ^ 5605 City, Sta e, Zip city Clerk JNSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk .;. RE: Lease Agreement with Stonebrooke Golf Course Partnership DATE: December 12, 1989 INTRODUCTION: Attached is a lease agreement between the City of Shakopee and the Stonebrooke Golf Course Partnership for (vacated) park property located in Timber Trails adjacent to the Stonebrooke Golf Course. BACKGROUND: On May 16, 1989, City Council adopted Resolution No. 3057, approving the final plat of Stonebrooke 1st Addition, as amended, with the following conditions: "10. If at such time as it becomes legal, or if the park is vacated, the City agrees to lease to the developer part of the 66 foot park land between Lakeview Drive and O'Dowd Lake in exchange the developer agrees to maintain the property." The Assistant City Attorney has proceeded with the legal process for the vacation of the park property. This process has been completed and is spelled out in an Order from the District Court vacating the park property. The Assistant City Attorney has prepared the attached lease agreement between the City and the Stonebrooke Golf Course Partnership for the lease of the (vacated) 66 foot park in Timber Trails. The lease agreement includes the following: 1) 99 year lease for $1.00. 2) Property shall be maintained as part of the adjoining golf course. 3) A serviceable access to O'Dowd Lake for residents shall be maintained over a 12 foot easement. 4) Appropriate insurance shall be in effect and the City shall be held harmless from and against all liabilities. 5) The lease shall terminate at such time as the adjoining property ceases to be used and operated as a golf course. 6) The terms of the lease shall be binding upon both parties as well as their successors and assigns. The developer of Stonebrooke has paid the City $603.00 (as requested by Council) . This represents a park dedication fee which replaces the vacated park land. Staff believes that all things necessary in order to put closure on this matter have been completed. ALTERNATIVES• 1) Approve the lease agreement as drafted. 2) Amend lease agreement as drafted. 3) Do not approve lease agreement. RECOMMENDATION• Staff recommends Alternative No. 1, Approve lease agreement as drafted. RECOMMENDED ACTION: Authorize the appropriate City officials to execute a lease agreement with the Stonebrooke Golf Course Partnership for (vacated) park property located within Timber Trails Addition. JSC/tiv y � LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this — day of 1989, by and between the CITY OF SHAKOPEE, a Minnesota municipal corporation (hereinafter "Lessor") , and STONEBROOKE GOLF COURSE PARTNERSHIP, a Minnesota partnership (hereinafter 'Lessee") . WITNESSETH: That in consideration of One Dollar ($1.00) and of the mutual covenants, terms, and conditions hereinafter set forth, the Lessor and Lessee agree as follows: The Lessor does hereby lease, demise, and let unto the Lessee, and the Lessee does hereby lease and take from the Lessor the following described real property located in Scott County, Minnesota: That portion of the plat of Timber Trails designated as 'park" and located immediately adjacent to and westerly of Lot 2, Block 5, and immediately south of the southerly line of the east/west portion of Lakeview Drive, all located within the plat of Timber Trails. Subject to an easement of record for purposes of ingress and egress to Lake O'Dovd over and across the easterly 12 feet thereof. TO HAVE AND TO HOLD, the leased premises unto Lessee, its successors and assigns, subject to the conditions and limitations hereinafter mentioned, and for a term of 99 years beginning on the _ day of 19 , and ending on the _ day of 20_, subject to termination by the parties as set forth below. This Lease Agreement is entered into by and between the parties hereto, upon the following additional terms and conditions, all of which the parties hereto covenant to keep and perform: 1. Lessee agrees to maintain the subject property as part of the adjoining golf course during the term of this lease. 2. Lessee agrees to maintain a serviceable access over the 12-foot easement area described above, said access maintained in the manner approved by Lessor. 3. Lessee shall maintain at its expense at all times during the term of this lease a policy or policies of public liability insurance with respect to the Premises and the business of Lessee, with limits of not less than $1,000,000 combined single limit. Such insurance policy shall be placed with companies qualified to do business in the State of Minnesota, provide for at least thirty (30) days prior written notice to Lessor before cancellation or amendment, name Lessor as an additional insured thereon, and current, endorsed copies thereof shall be provided to Lessor prior to Lessee's occupancy of the Premises and at all times thereafter during the term. Lessee shall defend, indemnify and save Lessor harmless from and against all liabilities, damages, claims, costs, charges, judgments and expenses, including but not limited to, reasonable attorney's fees, which may be imposed upon or incurred or paid by or asserted against Lessor, the Premises or any interest therein by reason of or in connection with any use, non-use, possession or operation of the Premises, or any part thereof, any negligent or tortious act on the part of Lessee or any of its agents, contractors, servants, employees, licensees or invitees, any accident, injury, death or damage to any person or property occurring on the Premises or any part thereof, and any failure on the part of Lessee to perform any of the terms or conditions of this Lease. 4. Lessee may peaceably hold and enjoy the said leased premises during the term of this Lease Agreement, without any interruption by Lessor, its successors and assigns, and Lessor does and will warrant Lessee in the peaceable enjoyment and possession of said leased premises during the term thereof. 5. This Lease may be terminated under this paragraph only, prior to the expiration date by either Lessor or Lessee, at such time as the adjoining property ceases to be used and operated as a golf course. Should such cessation occur, this termination, if by Lessor, shall be by resolution of the City Council, and the filing of a certified copy thereof with the Scott County Recorder shall terminate this Lease. Such termination, if by Lessee, shall be by written notice notifying Lessor of Lessee's intent to terminate, said notice being at least 30 days prior to the date of the proposed termination. This notice by Lessee shall be by certified mail, return receipt requested. The parties hereto agree to execute and file for record a Termination Agreement evidencing their intent to terminate under the terms of this paragraph, should such eventuality occur. 6. The terms of this Lease shall be binding upon both parties hereto, together with their successors and assigns. IN WITNESS WHEREOF, the parties have caused this agreement to be executed on the day and year first above written. LESSOR: LESSEE: CITY OF SHAKOPEE STONEBROOKE GOLF COURSE PARTNERSHIP By: By: Its: Its: Partner By: Its: Partner -2- L � STATE OF MINNESOTA ) as. COUNTY OF SCOTT ) On this _ day of . 1989, before me personally appeared and , the and of the City of Shakopee, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) as. COUNTY OF SCOTT ) On this day of . 1989, before me personally appeared and , the and of Stonebrooke Golf Course Partnership, a Minnesota partnership, on behalf of said partnership. Notary Public This Instrument Drafted By: BRASS & MONROE CHARTERED (PRR/RM) 327 So. Marschall Road, Suite 300 Shakopee, MN 55379 (612) 445-5080 -3- CONSENT 9 A/ MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Municipal Parking Lot Leases DATE: December 12, 1989 INTRODUCTION: The annual municipal parking lot leases with Bergstad Properties and Brambilla's Auto expire at the end of the year. BACKGROUND: The City has granted the two leases to both parties for a number of years now. They are for municipal parking lot west of Holmes and south of Levee Drive. Because this parking lot is not heavily used, leasing spaces has not posed a problem. The lease includes a 30 day notice of cancellation by either party and by the City of Shakopee. When work on the mini by-pass begins, the leases will have to be terminated. Bergstad Properties are leasing seven spaces. Brambilla's Autos are leasing 25 spaces at $12.00 and an additional 12 spaces are being provided at no charge for the tenants in the Brambilla Apartments. This is consistent with the agreements of last year. Mr. Brambilla takes care of snow removal. int his area and cleans up the litter. ALTERNATIVES: 1. Enter into the leases. 2. Do not enter into the leases. 3. Amend the leases. RECOMMENDATION: Alternative No. 1, enter into the leases. ACTION REQUESTED: Authorize and direct proper City officials to enter into an agreement with Jack Brambilla and Bergstad Properties for a municipal parking lot permit for 1990 for the Black Arrow parking lot at $12.00 per parking space. JSC/tiv 1990 SPECIAL PERMIT MUNICIPAL PARKING LOT The City of Shakopee, Minnesota, the owner of a municipal parking lot known as the Black Arrow Parking Lot, hereby grants to Brambilla's Autos the right to park vehicles in thirty-seven (37) spaces in said parking lot without limitations of time, and which spaces are to be appropriately marked where possible by the City, and shall be the eighteen (18) spaces in the middle of the lot east of the street light, seven (7) spaces in the northeast corner of the lot abutting Levee Drive, and the first twelve (12) spaces west of State Highway 169 abutting the alley, all in Block 5, Original Shakopee Plat. The grantee, Brambilla's Autos, shall pay to the City in advance, the sum of twelve dollars and no cents ($12.00) for 25 parking spaces. On a temporary basis, twelve parking spaces will be allowed at no charge for tenants in the Brambilla Apartments. The vehicles using the 12 free parking spaces shall also obtain a temporary parking permit. This permission is for a period terminating on December 31, 1990, and may be cancelled by either party on thirty (30) days written notice to the other, in which case unearned portions of the fee charged, if any, shall be refunded. If permission is cancelled by the City for a violation of the terms and conditions hereof by the grantee herein, there will be no refund. There shall be no sales of vehicles and no repairs or storage of vehicles incapable of being legally operated upon public streets pursuant to the terms hereof. Cars which will not start because of dead batteries shall be permitted. Cars which do not have current registration shall not be permitted. The permit granted hereby is for the sole and exclusive use of the grantee named herein and agents and employees of said grantee and no other person. The grantee shall keep the portion of said lot covered hereby in a neat, clean, and safe condition at all times and shall not permit or tolerate snow birds on any portion of the areas covered hereby, and the grantee assumes all risks incident to the use of the premises for parking space and shall indemnify the City against any loss, damage, or expense resulting from personnel injury or damage to, or loss of, property caused in any manner by the Lessee, and against any loss, damage, or expense resulting from injury to the Lessee, and against any loss, damage, or expense resulting from injury to the Lessee, to the agents of the Lessee, to the employees of the Lessee and to the general public. This agreement supercedes the agreement dated January 3 , 1989 by and between these same parties. IN TESTIMONY WHEREOF, this instrument is executed this day of 19_ BRAMBI LA'S AUTOS CITY OF SHAKOPEE By By �t Owner Its Mayor By Its Administrator By Its Clerk 1990 SPECIAL PERMIT MUNICIPAL PARKING LOT The City of Shakopee, Minnesota, the owner of a municipal parking lot known as the Black Arrow Parking Lot, hereby grants to "Levee Drive Associates", and their tenants, the right to park vehicles in seven (7) spaces in said parking lot without limitations of time, and which spaces are to be appropriately marked by the City, and shall be the first seven (7) spaces immediately east of Fuller Street and south of Levee Drive in Block 5, Original Shakopee Plat, and the lessee shall pay to the City in advance, the sum amount of Twelve Dollars and no cents ($12.00) per space per year. This permission is for a period terminating on December 31, 1990, and may be cancelled by either party on thirty (30) days written notice to the other, in which case unearned portions of the fee charged, if any, shall be refunded. If permission is cancelled by the City for a violation of ther terms and conditions hereof by the grantee herein, there will be no refund. The lessee hereby agrees to provide up to three parking spaces as needed, at the highrise site for handicapped congregate dining parking. There shall be no sales, repairs, or storage of vehicles and all vehicles must be currently licensed and operational. The permit granted hereby is for the sole and exclusive use of the lessee named herein and tenants of said lessee and no other person. The lessee shall keep the portion of said lot covered hereby in a neat, clean, and safe condition at all times and shall not permit or tolerate snow birds on any portion of the areas covered hereby, and the lessee assumes all risks incident to the use of the premises for parking space and shall indemnify the City against any loss, damage, or expense resulting from personnel injury or damage to, or loss of, property caused in any manner by the Lessee, and against any loss, damage, or expense resulting from injury to the Lessee, to the tenants of the Lessee, and to the employees of the Lessee. The City shall continue providing snow removal services for the parking lot in the same manner as it provides services to all municipal parking lots. The lessee and his tenants shall cooperate with the City as needed to permit snow removal. This agreement supercedes the agreement dated January 3, 1989 by and between the same parties. IN TESTIMONY WHEREOF, this instrument is executed this day of 19_ LEVEE DRI E CIATES CITY OF SHAKOPEE By I/-j9-49 By Joh Berg tad Its Mayor Be g tad Properties Suite 257 By 33 South 10th Avenue Its Administrator Hopkins, MN 55343 By Its Clerk "ONSENT 10 MEMO TO: Dennis R. Kraft, City Administrator FROM: JUDITH S. Cox, City Clerk Cf( RE: 1990 Cigarette Licenses o DATE: December 12, 1989 INTRODUCTION: Although the City Code does not specifically state that the Council shall approve applications for a cigarette license, the City Attorney has advised that it would be in order to authorize the City Clerk to issue cigarette licenses for 1990. BACKGROUND: The applications are in order and there are no delinquent and unpaid taxes, when owner occupied. RECOMMENDED ACTION: Authorize the City Clerk to issue cigarette licenses for 1990. (No need to list all licensees. ) JSC/tiv � c 1989 Cigarette Licenses 89-1 Cheers 2 Ya 911 East 1st Avenue 89-2 Rock Spring Supper Club 1561 East let Avenue 89-3 American Legion Post #2 1266 East let Avenue 89-4 Jim & Lucy's Inc. 201 West 1st Avenue 89-5 Eastman Drug 214 South Holmes 89-6 Tom Thumb Store #250 590 Marschall Road 89-7 Drug King dba Snyder Drug 1128 Mn. Valley Mall 89-8 Cleve-s Red Owl 828 East let Avenue 89-9 Holiday Stationstores 444 East let Avenue 89-10 Racing Promotions One Checkered Flag Blvd. 89-11 Budget Liquor 6268 Highway 101 89-12 Koehnen's Standard 804 East 1st Avenue 89-13 Happy Chef of Shakopee 1120 East 1st Avenue 89-14 Brooks Superette #42 1147 Canterbury Road 89-15 Brooks Superette #28 615 Marschall Road 89-16 K-mart Corporation 1200 Mn. Valley Mall 89-17 Riverside Liquors 507 East 1st Avenue 89-18 Wampach's Inc. 126 West let Avenue 89-19 Juba's Inc. 1100 Mn. Valley Mall 89-20 Hennen's ICO 807 East 1st Avenue 89-21 Valleyfair One valleyfair Drive 89-22 Anchor Glass Hwy 101 & CR 83 89-23 Cy's Amoco 312 West 1st Avenue 89-24 Backstretch Bar 124 South Holmes 89-25 Sport Stop 101 South Lewis 89-26 Mpls. Northstar Auto Auction 7700 Hwy 101 89-27 Valley Liquor 1102 Mn. Valley Mall 89-28 Shakopee Bowl 222 East 1st Avenue 89-29 Friendly Folks Club 122 East 1st Avenue 89-30 Shakopee House 1583 East 1st Avenue 89-31 Minnesota Concessions 1100 Canterbury Road 89-32 Art Berens & Sons 123 West 2nd Avenue 89-33 BretBecca Inc. 124 West 1st Avenue 89-34 Michael Mulleady 1244 Canterbury Road 89-35 Total Petroleum 234 West 1st Avenue 89-36 VFW #4046 132 East 1st Avenue 89-37 Perkins 1205 East let Avenue 89-38 Shakopee Eagles 220 West 2nd Avenue 89-39 Superamerica 1155 East 1st Avenue 89-40 Robert's Drug 814 East 1st Avenue 89-41 Super 8 Motel 581 So. Marschall Road 89-42 Dairy Queen 835 West let Avenue 89-43 Backstretch RV Park 8855 13th Avenue East 89-44 Gateway dba Brooks #42 1147 Canterbury Road 89-45 Gateway dba Brooks #28 615 Marschall Road CONSENT 7P MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Worthless Check Prosecution Agreement DATE: December 14, 1989 INTRODUCTION: Attached is a copy of a prosecution agreement between the County of Scott and the City of Shakopee for the prosecution of worthless check charges. BACKGROUND: Last year the City entered into an agreement with Scott County for the prosecution of worthless check charges. At that time Scott County had entered into an agreement with the National Corrective Training Institute, Inc. (NCTI) to have NCTI operate a prosecution diversion program for worthless check offenders. As part of that program and as an assistance to local businesses, the Scott County Attorneys office made this program available to all Cities in Scott County. The program operates at no cost to the City. Last year the program was discussed with both the City Attorney and the Assistant City Attorney and each strongly endorsed the City entering into the agreement. The prosecution of worthless check charges consumes a fair amount of time and results in the Cities Attorneys taking time away from other projects of greater importance to the City. I did speak with John DuBois, Acting Police Chief, and he recommends that the City renew the agreement. ALTERNATIVES: 1) Enter into the Worthless Check Prosecution Agreement. 2) Do not enter into this agreement and have the City Attorney or Assistant City Attorney resume prosecutions of worthless check charges. RECOMMENDATION: Staff recommends Alternative No. 1, Enter into the Agreement with Scott County. RECOMMENDED ACTION: Move to direct and authorize the appropriate City officials to execute a prosecution agreement with the Scott County Board of Commissioners and the Scott County Attorney for the purpose of having Scott County prosecute all worthless check misdemeanors for the City of Shakopee. JSC/tlV THE OFFICE OF THE "1 SCOTT COUNTY ATTORNEY COURTHOUSE206 or 428 S.HOLMES ST. SHAKOPEE,MN 55379-1360 FAX i(612)-496-8275 (612)-496-8240 JAMES A.TERWEDO County Attorney December 7, 1989 Shakopee City Administrator 129 East 1st Ave Shakopee, MN 55379 Re: Worthless geck Prosecution Agreement Dear City A J.str tor: Enclosed please find a Prosecution Agreement for worthless checks for the 1990 calendar year. Please have your City Council approve the Prosecution Agreement at its next meeting. Please return the signed Prosecution Agreement to my office. If you have any questions regarding the enclosed Prosecution Agreement, please feel free to contact me at 496-8240. Sincerely, ;icott Terwedo nty Attorney JAT:JLA:tc Enclosure Criminal Div Civil Div Juvenile Div Ucenrlwimess Thomas J.Harbinson, Jay I.Amsson Peggy A.Raig Assistance First Assistant Brian A.Nasi Anita A.Seeling Jim W.Petersen Susan K McNellis Paralegal Neil G.Nelson W.R. A. Glasser, mann aures Special Assistant An Equ 0pportuni1,1A((rmatioe Aclioa Employe, PROSECUTION AGREEMENT \/ THIS AGREEMENT, made and entered into by and between the Scott County Board of Commissioners and the Scott County Attorney, hereinafter referred to as "Scott County" and the City of Shakopee, hereinafter referred to as "City" . WITNESSETH THAT: WHEREAS, Minnesota Statute 487.25, Subdivision 10 has been amended to authorize a municipality to enter into an agreement with the County Board and County Attorney to provide prosecution services for any criminal offenses; WHEREAS, the Shakopee City Council at its meeting on requested that Scott County prosecute all worthless checks for the City; WHEREAS, Scott County wishes to enter into an agreement with the City for the prosecution of all worthless checks; WHEREAS, Scott County has developed a worthless check program designed to coordinate Scott County's efforts in fighting worthless check offenders; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: I. TERM The term of this contract is from January 1 , 1990 through December 31, 1990, the date of signature by the parties notwithstanding, with an automatic renewal for the following years, unless earlier terminated as provided herein. II. TERMINATION This agreement may be terminated by either party at any time upon not less than thirty (30) days written notice delivered by mail or in person to the other party. Notice to Scott County shall be delivered to the County Attorney, Scott County Courthouse, Shakopee, Minnesota 55379. Notice to the City shall be delivered to the City Administrator, 129 E. 1st Avenue , Shakopee, Minnesota 55379. III. SERVICES TO BE FURNISHED BY SCOTT COUNTY Scott County through Scott County's Attorney's Office agrees to provide prosecution services for any check offense occurring within the city limits of the City of Shakopee. Scott County may use its worthless check program to supplement its prosecutorial services. IV. COMPENSATION FOR SERVICES The City agrees that the City' s portion of fine proceeds pursuant to Minnesota Law for providing prosecution of offenses for cases prosecuted by Scott County pursuant to this Agreement shall be paid over to Scott County as compensation for services rendered herein. V. RATIFICATION The City, in binding itself to this Agreement, hereby agrees to and ratifies all actions taken by the Scott County Attorney's Office under this Agreement in its prosecution of worthless checks for the City for the period of time covered by this Agreement. VI. AMENDMENT This Agreement may be amended at any time when expressed in writing and duly signed by the parties. Dated: SCOTT COUNTY R. E. Mertz, Chairman Scott County Board of Commissioners ATTEST: Joseph F. Ries Scott County Administrator and Clerk of the Board Dated: SCOTT COUNTY ATTORNEY James A. Terwedo Dated: CITY OF SHAKOPEE Mayor City Administrator ATTEST: MEMO TO: Dennis Kraft, City Administrator �`�'�f� FROM: Dave Hutton, City Engine G-r---f SUBJECT: Adams Street, Between 6th Avenue and 3rd Avenue DATE: December 12, 1989 INTRODUCTION: Attached is Resolution No. 3157 Receiving a Report and Calling for a Public Hearing on Street Improvements to Adams Street, Between 6th Avenue and 3rd Avenue and Improvements to 4th Avenue, Between Adams Street and Harrison Street. BACKGROUND: On September 5 , 1989 City Council ordered the preparation of a feasibility report for street improvements to Adams Street between 6th Avenue and 3rd Avenue by Resolution No. 3104. The feasibility report has been completed and the report is attached for Council review . Staff has expanded the project limits as ordered by City Council to include improvements to 4th Avenue between Harrison Street and Adams Street. The feasibility report added this street to the study. Council needs to hold a public hearing on the project to determine if it should be ordered or not. Attached is Resolution No. 3157 which receives the feasibility report and calls for a public hearing on the proposed improvements. The Resolution sets the date for the public hearing for January 2 , 1990 7:30 P.M. ALTERNATIVES: 1 . Adopt Resolution No. 3157 and hold a public hearing on the proposed improvements on January 21 1990 . 2. Do not adopt Resolution No. 3157 • RECOMMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: Offer Resolution No. 3157 , A Resolution Receiving a Report and Calling a Hearing on Improvements to Adams Street from 6th Avenue to 3rd Avenue and 4th Avenue from Adams Street to Harrison Street, Project No. 1990-3 and move its adoption. DH/pmp HEM3157 1,4 6-- RESOLUTION NO. 3157 A Resolution Receiving A Report And Calling A Hearing On Improvement To Adams Street, From 6th Avenue to 3rd Avenue And 4th Avenue, From Adams Street to Harrison Street Project No. 1990-3 WHEREAS, pursuant to Resolution No. 3104 of the City Council adopted September 5 , 1989 , a report has been prepared by David E. Hutton, City Engineer , with reference to the improvements of Adams Street between 6th Avenue and 3rd Avenue and 4th Avenue between Adams Street and Harrison Street by pavement, curb & gutter and storm sewer , and this report was received by the Council on December 19, 1990 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . The Council will consider the improvement of Adams Street between 6th Avenue and 3rd Avenue and 4th Avenue between Adams Street and Harrison Street by pavement, curb & gutter and storm sewer in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $226 ,300.00. 2 . A public hearing shall be held on such proposed improvements on the 2nd day of January, 1990 , at 7:30 P.M. , or thereafter, in the Council Chambers of City Hall, at 129 East 1st Avenue and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1990-3 Public Improvement Program. 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 FEASIBILITY REPORT FOR IMPROVEMENT TO ADAMS STREET BETWEEN 6TH AVENUE AND 3RD AVENUE AND IMPROVEMENT TO 9TH AVENUE BETWEEN ADAMS STREET AND HARRISON STREET CITY OF SHAKOPEE MINNESOTA I hereby certify that this plan, specification, or report was prepared by me or under my direct Supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. ^ -- - Date 11'ZZ' p 9 Registration No. 19133 . NOVEMBER 1989 � � ca TABLE OF CONTENTS DESCRIPTION PAGE NO. _ Feasibility Report Introduction . . . . . . . . . . . . . . . 1 Scope . . . . . . . . . . . . . . . . . . 1 Background . . . . . . . . . . . . . . . . 1-2 Proposed Improvements . . . . . . . . . . 3-4 Estimated Costs . . . . . . . . . . . . . 5 Right-of-Nay • . • . . . . • . • • . • . 5 Assessment Procedure and Funding . . . . . 6 Summary and Conclusions . . . . . . . . . 7 INTRODUCTION On September 5 , 1989 the City Council of the City of Shakopee ordered the preparation of a feasibility report for improvements to Adams Street, between 6th Avenue and 3rd Avenue by Resolution No. 3104. SCOPE This project investigates the feasibility of upgrading Adams Street between 6th Avenue and 3rd Avenue to current City Standards. In addition, the project scope and feasibility report has been expanded to include 4th Avenue between Adams Street and Harrison Street. BACKGROUND INFORMATION This street is located in one of the oldest areas of Shakopee and the abutting properties are part of the Original Plat of Shakopee, the Koeper ' s Addition Plat and the Husman Addition Plat. The existing roadway on Adams Street is a gravel surface approximately 30 feet wide on a 60 foot wide right-of-way. The profile grade is quite steep between 4th Avenue and 6th Avenue and is in excess of 8% . There is an existing driveway on the west side of Adams Street approximately 150 feet north of 6th Avenue. The location and elevation of the garage will set the design of the street grades through this section. There are also several existing driveways on Adams Street north of 4th Avenue which will also set the street grades between 4th Avenue and 3rd Avenue. The old State Reformatory complex is located along the east side of Adams Street between 6th Avenue and 4th Avenue. There are several mature elm trees, smaller trees and brush along this side _ of the street that will probably need to be removed to construct the roadway. The present roadway on 4th Avenue is a marginal gravel surface part of the way and a marginal paved surface the remainder. The east portion is gravel and the west portion is paved . The road is approximately 30 feet wide on an 80 foot wide right-of-way . The general slope of the road is from Adams Street to Harrison Street. ` 1 There are existing driveways off 4th Avenue to the north entering the apartment building' s parking lots. According to the 1980 feasibility report, portions of 4th Avenue were constructed on fill material in the vicinity of Adams Street and its suitability for roadway construction is questionable. The natural soils are a silty sand and considered acceptable for roadway construction. Additional soil information should be obtained during the final design of this project. The intersection of Adams Street at 6th Avenue is slightly offset to the road going south (County Road 15) • A realignment of Adams Street should be done at the time the street is upgraded to correct this situation. To do this, additional right-of-way will be needed from the prison property. The alternative would be to realign C.R. 15 , which would be difficult due to an existing natural gas regulating station at the southwest corner of the intersection. The portion of Adams Street under consideration by this report is on the Municipal State Aid system (166-100-010) . There is existing sanitary sewer on Adams Street from 6th Avenue to 3rd Avenue and also on the east portion of 4th Avenue. The sewer in Adams Street was recently constructed in 1988. There is existing watermain in 4th Avenue and in Adams Street from 4th Avenue to 3rd Avenue. There are no existing storm sewers in 4th Avenue or Adams Street. There are existing catch basins near Harrison Street and also near the intersection of 3rd and Adams. Please refer to the map in Appendix A for the location of all existing City utilities. The zoning in this area is currently R-2 , Urban Residential and R-3, Mid-Density Residential. Please refer to the zoning map in Appendix A. The old State Reformatory is currently vacant and boarded up. The State of Minnesota is apparently going to demolish the buildings in 1990 • In 1980 , a feasibility report was prepared for both Adams Street _ and 4th Avenue. A copy of each of those feasibility reports can be found in Appendix B. Based on the available bedrock information and past projects in the area, it is assumed that bedrock will be encountered during the utility installation. Therefore rock excavation was included in the cost estimates for this project. 2 PROPOSED IMPROVEMENTS All roadway construction shall be designed in accordance with the City of Shakopee Design Criteria and Standard Specifications. 4TH AVENUE It is proposed to construct 4th Avenue as a 7 ton, 36 foot wide local street with curb and gutter. The portion of 4th Avenue that is currently paved will be removed and reconstructed to current City Standards. The area near 4th and Harrison that contains inadequate soils will be subcut and replaced with good material. Soil borings will be obtained during the final design to determine the limits and depth of the area needed to be subcut. Storm sewers and catch basins will be installed on 4th Avenue. _ No sanitary sewer or watermain are anticipated due to existing utilities. ADAMS STREET Adams Street is a designated Municipal State Aid Street (M. S.A. S . ) and therefore will be constructed to State Aid Standards as well as City of Shakopee Standards. The State Aid Criteria requires that this street be a 9-ton, 44 foot wide urban street with curb and gutter. The current right- of-way of 60 feet will need to be increased to accommodate a 44 foot wide pavement . The maximum grade allowed by State Aid Standards is 6%. If this grade were maintained, it would require adding over 6 feet of fill at 4th and Harrison. This would require filling 4th Avenue to meet the grade on Harrison . Raising the grade on both these streets would create driveway _ conflicts and drainage problems. It has been determined by this report that maintaining a maximum grade of 6% would be undesirable and needlessly raise the costs of the project. The State Aid System does allow for variances to their design standards. It is proposed to request a variance to allow for an 8% street grade rather than the 6%. The cost estimates in this report were prepared assuming that the City of Shakopee can obtain this variance . If not, the costs of the project will increase over what is stated in this report. This report also recommends that the City of Shakopee request a variance to construct a 36 foot wide street, rather than a 44 foot wide street. Since this variance may be more difficult to obtain though, the cost estimates were prepared based on a 44 foot wide street. i i 3 UTILITIES Storm sewer is proposed on Adams Street and on 4th Avenue, as needed. The remaining utility construction is limited to the watermain , since there is existing sanitary sewer in Adams Street. The Shakopee Public Utilities Commission has indicated that they are not requesting any watermain to be installed at this time. They apparently feel that their existing system is adequate for any future development in this area. Given the SPUC position on this watermain, if the streets are upgraded as recommended in this report any future watermain installations will be restricted to the boulevard areas. Adams Street to 4th Avenue Connection In 1984 , the City of Shakopee hired a consultant to do a traffic evaluation study for all streets in the City and make any recommended improvements. One of the traffic corridors analyzed was the Adams Street corridor. That report recommended that some consideration be given to curving Adams Street through the prison property and connect up to 4th Avenue to provide a "strong approach to downtown from the west bluff residential area and from the Shakopee Bypass" . Please refer to the excerpts and a map from this report in Appendix C showing the alignment. This report investigated this alternative and rejected it for the following reasons: 1 . This would encourage traffic from the Shakopee Bypass to use 4th Avenue, a highly developed residential area, as the main access to downtown. 3rd Avenue is already established as a route to downtown and passes through mainly industrial and commercial development . Encouraging traffic to use 4th Avenue would have a ` major negative impact on the existing residential development along this street. 2. The topography of the prison site would make it extremely difficult and expensive to construct this alternative. 3 . Curving Adams Street through the prison would sever this property in half, thereby reducing its development potential . The 1984 traffic study did indicate that "the implementation of this proposal require additional study and policy decisions well i beyond the scope of this document. " 4 ESTIMATES OF PROJECT COSTS A detailed cost estimate based on the proposed improvement can be found in the appendix. The estimated costs can be summarized below: 4th Avenue Construction Costs Street Construction $ 41 ,400 .00 Storm Sewer Construction $ 7.000.00 Total 4th Ave. Costs $ 48,400.00 Adams Street Construction Costs Street Construction $ 82,900.00 Storm Sewer Construction 15.100.00 Total Adams Street Costs $ 98,000.00 Total Construction Costs for Both Streets $146 ,400 .00 Plus 103 Contingency 14.600.00 Subtotal $161 ,000 .00 Plus 253 Engineering and Admin. Fees $ 40 .200 .00 TOTAL ESTIMATED PROJECT COSTS $201 ,200.00 RIGHT-OF-WAY In order to realign Adams Street with C . R. 15 , a triangular portion of the southwest corner of the prison site will need to be acquired. The right-of-way will taper to the existing right- of-way on Adams Street at 4th Avenue as shown on the map in Appendix A. If the State of Minnesota will not dedicate this additional right-of-way, it will need to be acquired. The cost to acquire this land is estimated as follows: Land Acquisition Costs $18,000.00 (Based on $2 .00 per Sq.Ft. ) Appraisal Fees $ 2.000.00 _ Subtotal $20 ,000 .00 Plus 253 Legal/Admin. Fees $ 5.000.00 ESTIMATED TOTAL RIGHT-OF-WAY COSTS $25,000.00 5 FUNDING AND ASSESSMENTS All assessment recommendations contained in this report are taken _ directly from the City of Shakopee Special Assessment Policies adopted August 1 , 1978 by Resolution No. 1282. For the improvements to 4th Avenue, it is proposed to assess all abutting properties for the total project costs using the adjusted front foot method . Since this street was never constructed to any City Standards, but rather evolved over time by filling in the road, graveling and eventually paving a portion of it near the apartment building it was determined that the reconstruction assessment policy (25% assessed) does not apply to _ this street. The total estimated project costs for 4th Avenue is $66,500.00. The estimated assessable frontage is 1165 . 34 feet . The corresponding assessment rate would be approximately $57 .06 per adjusted front foot. For Adams Street , it is proposed to assess all abutting properties for the total street and storm sewer project costs using the adjusted front foot method . If the street is constructed to M.S.A.S. Standards, only the costs associated with minimum local City Street Standards (36 foot wide ) would be assessed. Again, it was determined that since this has always been a gravel street, the reconstruction assessment policy does not apply. The total project costs for Adams Street is $159,800 , including right-of-way costs. This is for a 44 foot wide street. The total cost for a 36 foot wide street is $149 ,200 , including right-of-way costs. This is the amount used to calculate the assessment rate . The total assessable frontage is 1887 feet. The corresponding assessment rate would be approximately $79 .07 per adjusted front foot. All assessment calculations and a list of affected property owners can be found in Appendix A. Wherever applicable, the corner lot adjustment was utilized in the assessment calculations. Consequently, the entire project costs were not assessed . The following table summarizes the total assessment amounts: Total Cost Assessed Amount Non-Assessed _ 4th Avenue $ 66 ,500.00 $24,202.00 $42 ,298.00 Adams St. $159.800.00 $107 .577 .04 $52.222.96 Totals $226,300.00 $131 ,779.04 $94,520.96 6 The non-assessed amount would be paid for by the City by the use of G.O. Improvement Bonds or the Capital Improvement Fund. This cost can also be offset by the State Aid Funds we receive for Adams Street. Since the State Aid Funds we receive should be for 100% of the Adams Street Project costs (excluding right-of-way) , the City should receive approximately $134 ,800 in the State Aid Fund for this project. SUMMARY AND RECOMMENDATIONS The proposed improvements of 4th Avenue and Adams Street will eliminate two existing gravel streets, which are high maintenance streets and a constant source of citizen complaints. Both streets are currently being used for access and travel, with substantial vehicular travel on Adams Street including numerous school buses. The topography and existing development on Adams Street restricts the design flexibility and necessitates the need to request variances to the State Aid Design Criteria. If the variances are obtained, an acceptable street design can be achieved. The project will also realign Adams Street with C.R. 15 and 6th Avenue and eliminate a traffic hazard. The majority of the project costs will be assessable . All remaining costs will be paid for by M.S.A.S. Funds or G.O. Bonds. The project has been determined to be feasible by this report and is recommended for construction as proposed . 7 APPENDIX A PAGE N0. Project Location 1 Zoning Map 2 Existing Utilities 3 Intersection Realignment (Adams Street A 6th Avenue) 4 Cost Estimates 5-9 Property I.D. Map 10 Assessment Calculations 11-12 Assessment Policy - Corner Lot Adjustment 13 a � . . . may . I_ . - a _ . - .� � - �� - � ZONING MAP AG a �q z p,rateCt limits i4 �l " 142 r _ .. .- R 2 F - - AG _ . z Existing Utilities � Y � J � atermain.......... w _ 1 y+ sanitary sewer / n ; 3 T U. .................. f r �• cath 1� C) RIVERVIEW f 0 PRISON PARK PROPERTY 5th 1 9 4 T � / � 6 'Of ' ,o STAT CORRECT r i I I � J a r r I = I H O Z 3Ay Hl9 I I H F Z r LU cn i Z x i Q Q G Z LU . z r i �- O } Q w ft Z 2 Irr Q CC w O ¢ r Z a s I F (1) w ' o 0 0 Z LL w w i . Z W O ' .•' Or W a O L a' N r w w ' w O a r a w 1 cv ° z I 0 ` O a } L O „ A OIL W a '�AV r119 J I 6 I z r D! ( w o a a w r W O L / 41 A c x I PRELIMINARY COST ESTIMATES ADAMS STREET — 6TH AVENUE TO 3RD AVENUE 441 NIDE STREET A. STREET CONSTRUCTION UNIT ITEM QUANTITY PRICE TOTAL Subgrade Preparation 11 R. S. $ 200 .00 $ 2,200.00 Common Excavation 2 ,500 C.Y. $ 2 .00 $ 5 ,000 .00 Granular Borrow 1 ,000 C.Y. $ 5 .00 $ 5,000 .00 Clear and Grub L.S. $3 ,000 .00 $ 3,000 .00 Class V 1 ,750 TONS $ 7 .00 $12,200 .00 Gravel ( 611 ) 411 Bit. Pavement 1 ,210 TONS $ 24.00 $29 ,000 .00 Curb & Gutter 2,200 L.F. $ 6 .50 $14,300.00 (B618) Driveway Aprons 200 S.Y. $ 30.00 $ 6 ,000 .00 Sodding 2 ,500 S.Y. $ 2.50 $ 6 .200 .00 TOTAL STREET CONSTRUCTION COSTS $82,900.00 B. STORM SEWER COSTS UNIT ITEM QUANTITY PRICE TOTAL 1811 R. C. P. 300 L.F. $ 32.00 $ 9,600 .00 Manholes 1 EA. $1 ,000 .00 $ 1 ,000 .00 Catch Basins 2 EA. $1 ,000 .00 $ 2 ,000 .00 Rock Excavation 50 C.Y. $ 50 .00 $ 2 .500.00 TOTAL STORM SEWER CONSTRUCTION COSTS $15, 100.00 5 TOTAL CONSTRUCTION COSTS A. Street Construction $ 82,900.00 B. Storm Sewer Construction $ 15. 100 .00 TOTAL $ 98,000 .00 Plus 10% Contingency $ 9.800.00 Subtotal $107 ,800.00 Plus 251 Engr./Admin. Fees $ 27 .000.00 TOTAL PROJECT COSTS $134,800.00 RIGHT-OF-MAY $ 25.000.00 TOTAL PROJECT COSTS $159,800.00 6 PRELIMINARY COST ESTIMATES ADAMS STREET — 6TH AVENUE TO 3RD AVENUE 36 ' WIDE STREET A. STREET CONSTRUCTION UNIT ITEM QUANTITY PRICE TOTAL Subgrade Preparation 11 R.S. $ 200 .00 $ 2 ,200 .00 Common Excavation 2 ,100 C.Y. $ 2.00 $ 4,200 .00 Granular Borrow 800 C.Y. $ 5 .00 $ 4,000 .00 Clear and Grub L.S. $3,000 .00 $ 3 ,000.00 Class V 1 ,450 TONS $ 7 .00 $10 , 100.00 Gravel (611) 4" Bit. Pavement 1 ,000 TONS $ 24.00 $24,000 .00 Curb & Gutter 2,200 L.F. $ 6.50 $14,300.00 (B618) Driveway Aprons 200 S.Y. $ 30 .00 $ 6,000 .00 Sodding 3 ,000 S.Y. $ 2 .50 $ 7 ,500 .00 TOTAL STREET CONSTRUCTION COSTS $75,300.00 B. STORM SEWER COSTS UNIT ITEM QUANTITY PRICE TOTAL 18" R. C. P . 300 L.F. $ 32.00 $ 9,600 .00 Manholes 1 EA. $1 ,000 .00 $ 1 ,000 .00 Catch Basins 2 EA. $1 ,000 .00 $ 2 ,000 .00 Rock Excavation 50 C.Y. $ 50 .00 $ 2 .500 .00 TOTAL STORM SEWER CONSTRUCTION COSTS $15,100.00 7 TOTAL CONSTRUCTION COSTS A. Street Construction $ 75,300.00 B. Storm Sewer Construction $ 15 . 100 .00 TOTAL $ 90 ,400 .00 Plus 10% Contingency $ 9.000 .00 Subtotal $ 99 ,400 .00 Plus 25% Engr./Admin. Fees $ 24.800 .00 TOTAL PROJECT COSTS $124,200 .00 RIGHT-OF-NAY $ 25 .000 .00 TOTAL PROJECT COSTS $149,200 .00 8 PRELIMINARY COST ESTIMATE 4TH AVENUE — ADAMS STREET TO HARRISON STREET A. STREET CONSTRUCTION UNIT ITEM QUANTITY PRICE TOTAL Remove Pavement 1 ,400 S.Y. $ 1 .50 $ 2 ,100 .00 Common Excavation 1 , 800 C.Y. $ 3 .00 $ 5 ,400.00 Subgrade Prep. 6 R. S. $ 2.00 $ 1 ,200 .00 Class V Gravel 780 TONS $ 7 .00 $ 5 ,450 .00 Base (6") 4" Bit. Pavement 540 TONS $ 24.00 $12,950 .00 Curb & Gutter 1 ,200 L.F. $ 6 .50 $ 7,800 .00 (B618) Driveway Aprons 100 S.Y. $ 30.00 $ 3 ,000 .00 Sodding 1 ,400 S.Y. $ 2.50 $ 3 .500 .00 TOTAL STREET CONSTRUCTION COSTS $41 ,400.00 — B. STORM SEVER CONSTRUCTION UNIT — ITEM QUANTITY PRICE TOTAL 18" R.C. P. 125 L.F. $ 32.00 $ 4 ,000 .00 Manholes 1 EA. $1 ,000 .00 $ 1 ,000 .00 Catch Basins 2 EA. $2 ,000 .00 $ 2 ,000 .00 TOTAL STORM SEWER COSTS $ 7,000.00 TOTAL CONSTRUCTION COSTS A. Street Construction $ 41 ,400 .00 B. Storm Sewer Construction $ 7.000.00 — TOTAL $ 48,400 .00 Plus 10% Contingency $ 4.800.00 Subtotal $ 53 ,200.00 Plus 25% Engr./Admin. Fees $ 13 .300.00 TOTAL PROJECT COSTS $ 66 ,500.00 9 015 PROPERTY ID MAP -- _ — 3rd 1 1 r Ath �2i3.39' 0018b2-0 0 0p90d0 001860 003010 , _J 1 RIVERVIEW 1 OLD PRISON PARK 1 PROPERTY 1' 1 1 _I 50 1 1 1 1 I1 xA H 9 4 1 1 I � v 6►h STATE It CORRECTIONAL s H -7t s +q v FACILITY FOR WOMEN 6 2 M4 � — ASSESSMENT ROLL ADAMS STREET ADJUSTED FRONT FRONT I PID I OWNER I LOT/BLK. I FOOT I FOOTAGE I ASSESSMENTS I 127-003011-0 (State of MN/DNR Brew (Lots 1 — 12 1 340 1 340 1 $26,883 .80 I 1 11201 E. Hwy. 2 18Lk. 6 I l I I I (Grand Rapids, MN 55744 IKoepar' a Addn. l I I I —1 1 1 I I 127-003010-0 IStmte of MN/DNR Brea ILots 1 — 12 1 340 1 340 1 $26,853.80 I 1 11201 E. Hay, 2 IBIk. 5 1 1 1 1 _1 IGrend Rapids, MN 55744 IKoeper' a Addn. I I I I I I I I I I I 127-015001-0 (Joseph & Norma Notermann JLot 1&EasterLyl 307 1 • 105 1 $4,151 .70 I I 11205 W. 6th Avenue 110' of 2 1 1 1 I —1 IShekopee, MN 55379 lHusman Addn. I I I I I I I I I I I 127-003012-0 IShekopee ReaLty Inc, ILOta 1-12 1 300 I 300 1 $23,721 .00 I —1 11205 W. 8th Avenue 1BLk. 8 1 1 1 1 I IShekopee, MN 55379 lKosper's Addn. 1 I I I 1 I I I I I I _127-003016-0 IMarry Lebens & Wife (Lots 2-5 1 150 1 150 1 $11 ,860.50 I 1 - 1330 Adams Street (BLk. 9 1 1 1 _ 1 I IShakops, MN 55379 IKospar' s Addn. ] I 1 I I I I I I 1 I --127-003017-0 10onaLd D. Hauff (Lots 7 & 8 & 1 150 1 • 106 1 $4,181 .24 I 1 18888 107th Ave. N. IS 6 ' of 8 & I I I I I IMapLe Grover MN 55369 IN1/2of vacated) I I I J I IALLey, BLk. 9 1 1 1 I I I IKosper' e Addn. I I I I I I I I I I I 127-003009-0 ILaarence & panne FarreLL ILots 11 & 12 1 150 1 • 1011 1 $3,954.00 I I 12083 Austin Circle (BLk. 4 1 1 1 I 1 IShekopee, MN 55379 IKoeper' s Addn. 1 I I I I I I I 1 I I —127-003007-0 IHeroLd Schmidt Sr. Kate 1 , 2, 3 1 150 1 • 150 1 $5,931 .00 11329 S. Adams (BLk. 4 1 1 1 I I IShekopee, MN 55379 [Kasper' s Addn. 1 I I 1 I I __I---I _____I I I TOTAL 1 I 1887 1 1 $107,577.04 1 * For those properties 50% of the assessment rate and the short side frontage was used . Assessment rate = $39. 54 per front foot . All other properties were assessed at a rate of $79. 07 per front foot . ASSESSMENT CALCULATIONS - ADAMS STREET Total Project Cost Estimate = $ 149,200. 00 Total Front Footage = 1 , 887 Feet Assessment Rate = $ 149 , 200/1 ,887 Ft. = $79 . 07 Per Front Foot 11 ASSESSMENT ROLL 4TH AVENUE ADJUSTED FRONT FRONT I PID I OWNER I LOT/BLK. I FOOT I FOOTAGE I ASSESSMENTS I 127-015018-0 (City of Shakopee lRiV.r Vie. 1 291 .95 1 291 .95 1 $18,658.67 1 I 1129 E. First Avenue IPerk I I 1 I I IShakopes, MN 55379 lHus.sn Addn. I I I I I I I I I I 127-015010-0 IJohn Suback IS' er Ly 105' oft 213.39 1 * 105 1 $2,995.65 1 1 I%Thomas Omeare IOutLct A I I I I I 1P.0. Box 64704 IHu.man Addn. I I I I I ISL. PauL, MN 55164 1 1 1 1 I I 1 I I I I I 127-003012-0 IShakopes ReeL ty Inc. ILOLs 1-12 1 330 I ** 0 1 $0.00 I 1 - 11205 W. 6th Avenue 18 Lk. 8 1 1 1 I I IShekopee, MN 55379 IKoepmr's Addn. 1 I I I 127-003014-0 IJ Oae ph & Marna Note rm enn ILot 1 , BL k. 9 1 80 I BO I $4,564.80 I I 11205 W. 8th Avenue IKoeper' s Addn. I I I I I IShekopea, MN 55379 1 1 1 I I 127-003016-0 IHerry Lebenm S Wife 11-ote 2-6 1 250 1 ** 0 1 1 1 1330 Adams Street 18 Lk. 9 1 1 1 1 I IShakope, MN 55379 IKoeper's Addn. l I I I II_ I _I___I __ I I I TOTAL I I 1165.34 1 1 $24,219.12 1 * Note : This property was assessed at 50% of the assessment rate for the entire short side frontage . The assessment rate = $28. 53 per front foot . ** Note : Since both streets were improved simultaneous for those corner lots , 100% of the short side was used for the assessment on Adams Street and they were not assessed for 4th Avenue. The remaining properties were assessed at a rate of $57 . 06 per front foot . ASSESSMENT CALCULATIONS - 4TH AVENUE Total Project Cost Estimate = $66 , 500 . 00 Total Front Footage = 1165 . 34 Feet Assessment Rate = $66 ,500/ 1165. 34 = $57. 06 Per Front Foot 12 CITY OF SHAKOPEE SPECIAL ASSESSMENT POLICY CORNER LOT ADJUSTMENT II . Continued 3. Corner Lot (Odd Lot) a. Corner lots will only be assessed at a rate of 50% of the unit rate for the short side of the lot in question for each street improved. If both streets are improved simultaneously, 100% of the short side footage will be used. b. Alternate method #1 All lots within the block in question will be assessed equally for long side street improve- ments. short side street improvements will be assessed for the full frontage. c. Alternate method #2 100% of the adjusted footage cost for all utili- ties on the short side of the lot . - 25% of the adjusted footage cost on the long side of the lot. This will not exceed 1CO feet of credit for the lot in question. 13 APPENDIX B 1980 FEASIBILITY REPORTS FOR ADAMS STREET AND 4TH AVENUE REPORT 1980 IMPROVEMENTS Adams Street Improvements 3rd Ave. to 6th Ave. (M.S.A.S. 166-100-010) City of Shakopee April 4, 1980 I hereby certify that this Dlan, specification or report y was preoared by me or under my -direct supervision and i �iam` _ nce,� Date inn. eg. o. Main Office 571.6066 UBURBAN 6875 Highway No. 65 N. E. (�❑ N�INEERINO Minneapolis, Minnesota 55432 r �Df tN f South Office 890-6510 Civil, Municipal & Environmental Engineering 1101 Cliff Road '� ❑ Land Surveying • Land Planning • Soil Testing Burnsvil!e, Minnesota 55337 April 4, 1980 REPORT 1980 I mp rovemerlts r TO: City of Shakopee FROM: Suburban Engineering, Inc. r SUBJECT: Adams St. Improvements (M.S.A.S.166-100-010 Adams St.) 3rd Ave. to 6th Ave. T GENERAL As directed by the City of Shakopee, we have made this preliminary 'f investigation as to the construction of a Municipal State Aid Street on Adam St. from 3rd Ave. to 6th Ave. (T.H. 8300), including necessary water main and storm sewer construction. In addition, a separate study was made to investigate the improvement of 4th Ave. from Adams to Harrison Sts. to a finished residential street. The report on the 4th Ave. investigation is included with this report but may be considered as a separate project with special pro- visions for modifying the intersection of Adams St. and 4th Ave. T EXISTING CONDITIONS The present roadway of Adams St. is a gravel surface about 30 ft. T wide or a 60 ft. wide right of way. The profile grade is not totally uniform and is about 1 per cent between 3rd Ave. and T4th Ave. and increases to more than 8 per cent between 4th and 6th Aves. TAccording to preliminary soils boring information, portions of the roadbed is constructed on fill material in the vicinity T T 1 'r' RM1err xLrxk..R.y lry. Ed Vafilu H S.... ItIf., I G.... R R.rr-.R.v s lr P.ur l IUn EJnu+rr.Nry.Lry 11 ul l4 H..I Fq H ¢ . R. , R - r Is, ..d Vm+-. H.y lq ❑.. ...I IL... . H.v F+wr T T T T EXISTING CONDITIONS (con't) of 4th Ave. which is considered suitable for roadway construction according to the soils engineering consultant. The natural _ soils are a silty sand and are considered acceptable for road- way construction. TThe soils investigation also included classifying the soils to estimate an "R" value which is a measure of stability and strength characteristics. The "R" value of 35 to 75 is suggested for design purposes an Adams St. A value of 35 1 has been used for this study. A driveway to a private residence is located about 150 feet lnorth of 6th Ave. on the west side of Adams St. with the house and garage constructed at about the right of way line. The location and elevation of the garage will set the design requirement that the street grade not be changed at that location unless the driveway is closed. or modified. Driveways north of 4th Ave. must be also considered in the desiqn of the street profile. Those driveways are relatively flat so that raising the street profile would possibly cause drainage problems in the driveway. There are about 10 mature elm trees and many smaller trees and brush Along the present street. Some of the trees and most of the brush must be removed to construct the new roadway. The intersection at 6th Ave. is offset with Adams St. from the south (C.S.A.H. 15). A realignment or redesign will require aquisition of right of way, presumably from the State Reformatory 2 EXIS-ING CONDITIONS (con' t) on the northeast corner. The alternative would be to realign C.S.A.H. i 15 at some time in the future when it is upgraded or reconstructed. Such realignment of C.S.A.H. 15 may require right of way from a natural gas regulating station at the southwest corner. DESIGN CRITERIA Adams St. is a designated Municipal State Aid Street (M.S.A.S.) and, therefore, must meet certain minimum design and construction requirements to qualify for M.S.A. funding. In addition, to M.S.A. criteria, the design should also meet City of Shakopee criteria for Collector Streets. The most significant criteria that governs the design of Adams St. are the maximum grades, 3% at an intersecting street (4th Ave.) and b% tangent grades. Also, the width of 44ft. or 48 ft. , the width of right of way at 30 ft. and length of verticle curves for crest and sag curves. Narrower widths ran be used with restricted parkinq. The thickness design is based on present City standards and MOOT standards. The criteria used is an estimated initial volune if 30-18,000 lb. axle loads per day and an Average Annual Daily Traffic (A.A.D.T.) of 1400 vehicles Per day with an increase of 3.5% per year. -he 20 year projected volume is 155,010-9 ton loads. The subgrade factor used is "R" = 35 which represents the poorer soils found in the soils investigation. The thickness designed is a minimum construction standard of M!DOT for M.S.A. streets. 3 T T T DESIGN CRITERIA (con' t) TA minimum amount of field survey work was performed to determine preliminary design and estimated construction costs. Most of the Tfindings have been described in "Existing Conditions" but it must be realized that the present field conditions will make meeting T all the described criteria difficult and costly. The overall grade on the street varies from an elevation of 806.4 at 6th Ave. to an elevation of 753.5 at 3rd Ave. or a differance of 52.9 ft. Tin a distance of about 1100 ft. which is an overall 5 per cent straight grade and no Provision for approaches to intersections. T In the preliminary design, several profile grade lines were used Tand cost estimates prepared. It was found that no grade line could be set to meet all the state design criteria. Limiting the T maximum grade to 6 per cent will require filling over 6 feet at the intersection with 4th Ave. and provide an undesirable T driveway grade for the property on the west side at 6th Ave. In addition, some of the driveways between 4th and 3rd Ave. would have poor drainage. The high fill at 4th Ave. would regyire Tfilling 4th Ave. to meet the grade, would probably cause problems with the existing water main by the increased depth and would set Tthe street grade at an objectionable elevation above the house at the northwest corner of 4th Ave. and Adams St. . The construction costs would also be about $17,500 higher than a design that used an 8 per cent profile grade. PROPOSED PROJECT In consideration of the foregoing problems and costs of construct- ing Adams St. according to the criteria that would be normally used for an M.S.A. street, the following criteria was used for 4 T T T T PROPOSED PRO,iECT Tthe preliminary design of the roadway. a) Street Width - 36' (parking on one side only) b) Right of Way Width - 60' (minimum construction easements may be needed) T c) Design Speed - 35 mph with 300 ft. length of crest curve d) Maximum Grade - 8.0% e) Profile Grade at 4th Ave. - Approximately 3.5% Construction of storm sewer from 3rd Ave. to 4th Ave. is included with catch basins at 4th Ave. Modification of the existing T catch basins at 3rd Ave. will be required to meet the 36 ft. roadway width. Utility construction is limited to water main since the city trunk sewer orovidus sewer service to the abutting properties. An 8" water main is proposed to be constructed for 6th Ave. to 4th Ave. which will provide service to the abutting properties and provide an important connection in the water distribution system for the northeast part of the City. The 8" connecting main is T a requirement of S.P,U.C. as stated in their "Water Main Design Criteria," item 53, Arrangement of Distribution System. ESTIMATES OF COST The detailed estimates of cost for the street, storm sewer and water main are included in Appendix A. The estimate of costs are based on available data of soils and ledge rock information and on what we expect contractor%to bid for such work in 1980. The cost estimates include an allowance for administration, engineer- ing, fiscal , legal and miscellaneous but do not include costs to acquire easements. 5 t L L TABLE I Summary of Costs Estimates Street Construction $116,700 Storm Sewer 24,040 _ Sub-Total 140,740 8" Water Main 26,070 Est. Total Project Cost $166,810 ESTIMATED ASSESSMENT It is proposed to use the adjusted front footace method for water main and street benefits to the properties abutting the improvement. The estimated assessment rates for water main are based on assessing the total cost. Payment from S.P.U.C. for the trunk cost has not been considered and the matter should be discussed further. The assessments for street is computed on the basis of a minimum local street according to the City policy. The extra cost is proposed to be paid from M.S.A.S. funds. The estimated assessment rates are shown in Table II. TABLE II Estimated Assessment Rates Est. Proj. Est. Ass. Est.Rate s Cost A. 8" Water Main $ 26,070 1370 ft. $19.00/ft. L B. Street (Min. 7T design) 110,690 1970 ft. 56.20/ft. L 6 SUMMARY AND RECOMMENDATIONS The topography and existing development along Adams St. restricts design flexibility to the extent that some abutting properties _ would experience difficulty in access to the street as well as an increase in the cost of constructing the street if published criteria must be net. A modification in the design is recommended to increase the profile grade to 8 per dent between 4th and 6th Aves. further recommendations are that the design criteria stated in this report be accepted for this project. The matter of the realignment at the intersection of 6th Ave.should be considered for further study. The traffic that travels north- south through the intersection is minimal at present but can be expected to increase when Co. Rd. 15 is upgraded and the T.H. 101-169 By-pass is constructed giving access to Co. Rd. 15, Since a realign- ment at the intersection will require the acquisition of right of way, it is recommended that an early contact with the State of Minn- esota be made to incorporate realigntment plans with any changes in the facilities at the State Reformatory. The present alignment can be considered acceptable for the time until traffic increase to warrant the modification. The 8" water main connection between 6th Ave. and 4th Ave. is necessary to meet the requirements of S. P. U. C. and is an important connection in the water distribution system. The project is feasible and is recommended for construction as proposgd. PRELIMINARY COST ESTIMATES ADAMS sr. 6th Ave - 3rd Ave Project Length - 1100 ft. Roadway Width - 36 ft. - QUANT= UNIT 1'TE14 UNIT PRICE AMwrre A. STREET CONSTRUCTICN - 11 R.S Subgrade Preparation $ 200.00 $ 22M.00 375 Ton 111" Bit. Wearfng Course 25.00 9,375.00 500 Ton 2" Bit. Binder Course 24.00 12,000.110 750 Ton 3" Cl. 5 Gravel Base 6.00 4,500.00 2200 L.F. B-618 Concrete Curb & Gutter 8.00 17, 600.00 175 S.Y. Driveway Aprons 18.00 3,150.00 5 Ea. Adjusting Manhole Casting 125.00 625.00 15 L.F. Reconstruct Manhole-San Sewer 150.00 2,250.00 2500 S.Y. goading 2.50 6,250.00 - 1 L.S. Clear I. Grub 4,000.00q 000.00 2520 C.Y. Common Excavation 2.,O 6;300.00 1000 C.Y. Granular Borrmw 4.50 4,500.00 500 C.Y. Subgrade Excavation 3.00 1,500.00 5500 S.F. 4" Conc. Walk 1.75 9,625.00 1000 S.Y. - Seeding TCfAL 1.00 SUB x000.00 Contingencies 10% 84,875.00 R,uas.00 Est. Contruction Total 93,363.00 Admin., Erg., Fiscal, Legal, & RLsc. 25% 23,3110.00 FST. TarAL SAN. SEWER COSTS 116,",10.00 i B. 8" WATERMIN CUBIRUCTIOIi 750 L.F. 8" D.I.P. Cl. 52 nO $ 16.00 $12,000.00 I to L.F. 6" D.I.P. Cl. 52 - 13.00 140.00 1 Ea. Hyd. and ;.its Valve '' 1,100.00 1,000.00 1 Ea. 6" (late Valve •-uO.00 500.00 3 , Ea. 8" .ate Valve 600.00 1,800.00 I 2 Ea. 8"xo""" Cnlutections 750.00 1,`00.00 ` 10 S.Y. Street Restoration 6.00 60.00 10 L.F. Curb and Gutter 12.00 120.00 L5 Ea. Cu. Water Service , 350.00 1,750.00 SNB TOTAL $ 18,060.00 LContingencies 10% 1,896.00 Est. Total Construction Costs 20, 571.00 Adam. , Err., Fiscal Leral. & "Isc. 5,274.00 LESN"' 'lYYrAL WAR'ERMAITI COSTS �5p $26,070.00 T i (Apnendiv A-1) L PRELIMINARY COST ESTIMATES Adam's St. 6th Ave. - 3rd Ave. QUANTITY UNIT ITEM UNI': PRICE AMC(?1T C. STOF44 S9,1ER COISTRUCTION 440 L.F. 18" R.C.P. 0-8' Depth $ 23.00 $ 10,120.00 3 Ea. Catch ',fisin 800.00 2,400.00 50 C.Y. Rock Excavation 50.00 2,500.00 I 25 C.Y. Pipe Bedding 10.50 262.50 1 Ea. Reconstruction Existing Catch `asin 1000.00 1,000.00 L 30 L.F. Relay 12" with 18" R.C.P. 0-8' 40.00 1,200.00 SUB TOTAL 17,482.50 Contingencies -10% 1,748.00 Est. Total Construction Costs 19,230.00 Admin., Eng., Fiscal, & Legal & Misc. -25% 4,810.00 EST. TOTAL STORM SEWER CCSTS 2 UN SUhMWI A. STREET CCNSTRUCTICN $116,700.00 B. WATERMAIN 26,070.00 C. STOW SEWER 24,040.00 Est. Total Project Cost. 166,810.00 Est. cost for Min, 7T design (36' wide; 2" bit., 6 " gravel) 5110,690.00 ` Est. Assessable ft6;. - street 1970.00 ft. Est. Assessable Rate (normal street) 56.20/ft. Est. Assessable Ftp,.- watermain 1370.00 ft. Est. Assessable Rate 19.00/ft. 4 4 Apr.,n,,i , I 1980 IMPROVEMENTS ADAMS ST. - 6TH AVE. TO 3RD AVE. us ( M.S.A.S. 166-100-010) NOINi ® INE iRINO ®M❑ m / APRIL 3, 1980 2ND PV E. Sao—(—dV bq � J o 1 T 1 qTN � _ 1 N I VpMENS y02 STN AYE. a , lJ� 11 ® REFORMAT ORS' SPAT E FARM LEGEND oma EXISTING WATERMAIN W/HYD. B G.V. a )— EXISTING STORM SEWER W/CATCH BASIN ___ PROPOSED 6' WATERMAIN W/HYD. IN G.V. PROPOSED 18" STORM SEWER W/CATCH BASIN PROPOSED STi :ET IMPROVEMENTS ( ADAMS ST.) I REPORT 1980 Improvements 4th Ave. - Adams to Harrison St. City of Shakopee April 7 , 1980 I I - I hereby certify that this plan, specification or re- port was prepared by me or under my direct supervision and that I am a duly Registrated Professional Engineer under the laws of the State of Minnesota. i William ice , Date ~,Minn. No.6939 I I April 7,1980 REPORT ~ 1980 Improvements TO: City of Shakopee i FROM: Suburban Engineering, Inc. SUBJECT: 4th Ave. - Adams to Harrision St. _ GENERAL As, direct4d, we have made this preliminary investigation for the construct- ion of a local City street improvementon 4th Ave. from Adams St. to Harri- son St., including necessary storm sewer construction. In addition, a separ- ate study was made to investigate the improvement of Adams St. to a finished collector street. The report on the Adams St. investigation is included with this report but may be considered as a separate project with special .� provisions for modifying the intersection of Adams St. and 4th Ave. EXISTING CONDITIONS The present roadway of 4th Ave. is a marginal gravel surface about 30 ft. wide on 80 ft. wide right of way. The profile grade is minimal and slopes from Adams to Harrison. Drainage is presently provided at a catch basin in the southeasterly corner located off the roadway in a low area. The basin is connected to the, trunk storm sewer on Harrison Ave. . According to preliminary soils boring information, portions of the roadbed is construcFed on fill material in rite vicinity of Adams and the suitability for roadway construction is questinable on a preliminary basis. The natiral soils are a silty sand and are considered acceptable for roadway construct- ion. Additional soils data is necessary for finsl design. For preliminary design purposes, an ^R" value of 15 was assumed which is based on soft soils. Small amounts of organic materials were found in the sub-base materials. I i ,rr EXISTING CONDITIONS (con't) Driveways to the north entering apartment sites are not well defined and provide poor control of cars entering or leaving the street. Those driveways are relatively flat so that drainage must be carefully considered. DESIGN CRITERIA The preliminary thickness design is based on present City standards and NnDOT standards. The criteria used is a 20 year projected volume of 50,000 9 ton loads. The subgrade factor used is "R" = 15 which represents the poorer soils found in the soils investigation. The preliminary thickness designed is 2" more gravel than a minimun construction standard of Shakopee for local streets. In the preliminary design,anew profile is proposed to meet the new profile of Adams St. Other grades will be at City minimum grades and will match adjoining lands as close as possible. PROPOSED PROJECT The proposed project will be a finished local street, 36 ft. wide with curb and gutter and catch basins. Sanitary sewer and water main has been installed previously. ESTIMATES OF COST AND ASSESSMENTS The detailed estimates of cost for the scree[, storm sewer and water main are included in Appendix A. The estimate of costs are based on available L" date of soils and ledge rock information and on what we expect contractors to bid for such work in 1980. The cost estimates include an allowance for administration, engineering, fiscal, legal and miscellaneous charges. The estimated cost of the improvement is 575,840.00. It is proposed to use the adjusted front footage method for street benefits to the properties abutting the improvement. The estimated assessments for street is computed on the basis of a minimum local street according to the City policy. The extra cost is proposed to be paid from other street funds. Accordingly, the estimated assessment cost is $62,475.00. The corresponding assessment rate for a minimum local street is $55.05/ft. I 2 SUMMARY AND RECOMMENDATIONS The proposed improvement of 4th Ave. is timely since the utilities are in place and the street is being used for access and travel. The project together with the proposed improvement of Adams St. wirl eliminate almost 1/2 mile of gravel street which will reduce maintenance cost. The project is feasible and is recommended for constructic,n as proposed. _ 3 PRELIhbtIIdARY COST ESTIMATES 4th Ave. - Adams St. to Harrison St. Project Length - 690 ft. _Roadway Width - 36 ft. _QUANTITY UNIT ITEM UNIT PRICE AMOMr 7 R.S. Subgrade Prep. $200.00 $ 1400.00 330 Ton 2"-Bit. Wearing Cause 25.00 8250.00 —630 Ton 4n-frit . Base Course 24.00 15,120.00 .380 L.F. B-618 Concrete C & G 8.00 11,040.00 1 Ea. Adjust Hydr. 150.00 150.00 _ 65 S.Y. Driveway Aprons 18.00 1,170.00 1 Ea. Adjusting Manhole castings 125.00 125.00 1 L.F. Reconstruct manhole 225.00 225.00 100 C.Y. Common F=avation 4.00 400.00 —400 C.Y. Subgrade Excavation 3.00 1,200.00 500 C.Y. Granular Borrow 4.50 6,750.00 3 Ea. C. B. or M. H. 800.00 2,400.00 X125 L.F. 18" RCP 23.00 2,875.00 1 Ea. Cut in to existing pipe 300.00 300.00 500 S.Y. Sodding 2.50 3,750.00 L SNB TEAL .55,155.00 Contingencies - 10% 5,516.00 Est. Total construction costs .00 rm Ain., EN*. , Fiscal, 15,169.00 Legal & Misc. 25% EST. TOTAL COSTS `est. cost for Min, 7T design (36' wide; 2" bit., 6 " gravel) st. Assessable Ftg. 1,135' 'st. Assessment Rate $55.05/ft. l Appendix A 1980 IMPROVEMENTS 4TH AVE. - HARRISON ST. TO ADAMS ST �® N ]mNol"OINttNINO -INCA a❑ �. 2ND APRIL 3, 1980 AVE. _ �� L 3RD— —AYE— — V't � .S' 4114 A � F N � W f VpMEN ; 2 5TH AVE. , o pQ a i REFORMAT OR'{ 1 V 5 (N I STAT E FARM — EXISTING WATERMAIN W/HYD. 8 G.V -yp- EXISTING STORM SEWER W/CATCH BASIN PROPOSED B" WATERMAIN W/HYD. 9 G.V. -- - -- -- - PROPOSED 18" STORM SEWER W/CATCH BASIN PROPOSED STREET IMPROVEMENTS (4TH AVE.) . APPENDIX C EXCERPTS FROM A _ 1984 TRAFFIC EVALUATION STUDY PREPARED BY WESTWOOD PLANNING I ENGINEERING FOR CITY OF SHAKOPEE MINNESOTA Mr . N .R. Spurrier April 23 , 1984 Page 13 ADAMS STREET CORRIDOR Traffic approaching the city from the south on CSAH 15 presently disperses into the residential neighborhoods , either at 10th Avenue or 6th Avenue . Although Adams Street does continue down the hill to 3rd Avenue , the steep grade and road condition discourages traffic from using that approach to downtown Shakopee . Traffic volumes of 1 ,978 trips per day south of 10th Avenue drop to 1 ,031 trips per day between 10th and 6th Avenues . The traffic counts indicate a significant movement toward the east at each of these intersections. Since Adams Street will be provided interchange access to the Shakopee bypass , some diversion of trips generated from the existing residential area to destinations east of Shakopee or northeast of Shakopee will be attracted to the roadway segment south of 10th Avenue . In addition, approximately 830 trips per day are anticipated from residential developments served by this road . Construction of a new women's reformatory on the state farm property between 10th Avenue and 6th Avenue presents BF the City of Shakopee with an opportunity to significantly modify traffic patterns in this area . Demolition of the existing prison and conversion of the land to a medium or high density residential use will increase traffic movements in this corridor area . Options exist to align Adams Street with either 3rd or 4th Avenues , which will further affect traffic movements on east/west as well as north/south streets . Traffic volumes on Adams Street should not exceed 3 ,000 trips per day ; therefore , the existing two-lane roadway will provide sufficient capacity for a significant time period. The present traffic control is appropriate and no changes are indicated at this time. Some intersection accidents have occurred at Adams Street and 6th Avenue. Therefore, this location should be monitored to determine if sight distance restrictions indicate a "spot Br improvement" or other changes at this location . or ar Rr Mr . H.R. Spurrier April 23 , 1984 Page 21 traffic should not exceed the capacity of the existing road before the track is opened . Traffic growth on 4th Avenue at that point will be highly responsive to policy decisions on the part of the city. A substantial increase in traffic volume on 4th Avenue can be accommodated within the two-lane road capacity. Traffic delay at Marschall Road should be monitored to determine if a four-way stop or a traffic signal is required at this location. West of Holmes Street, we recommend that 4th Avenue should Mr be extended through the present state prison property to align with Adams Street . This will provide a strong approach to downtown from the west bluff residential area and from the proposed interchange with the Shakopee bypass . Proposed traffic volumes in the 3 ,000-5,000 ADT range should not cause undue congestion for abutting property owners and other neighborhood residents . Naturally , this proposal is dependent upon final development of the proposed new prison on the State Farm property and redevelopment of the existing prison properties . Implementation of this proposal requires additional study and policy decisions well beyond the scope of this document. 10 li As ®� Qt `C n- m � f` MOWS W Ji -i C1 , CF{v CONSENT /ob MEMO TO: Dennis Kraft, City Administrator FROM: John DeLacey, Engineering Tech. IILI . �j SUBJECT: Pavement Preservation Project 1988-8 DATE: December 14, 1989 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Pavement Preservation Program , Project No. 1988-8. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. A signed copy of the Certificate of Completion is attached. ACTION REQUESTED: 1 . Offer Resolution No. 3162, A Resolution Accepting Work on the Pavement Preservation Program, Project No . 1988-8 and move its adoption. 2 . Direct the appropriate City officials to make final payment to Hardrives, Inc. , 9724 10th Ave. N. , Plymouth, MN 55441 in the amount of $2,500.00 . JHD/pmp MEM3162 CERTIFICATE OF COMPLETION CONTRACT NO. : 1988-8 DATE: December 11 , 1989 PROJECT DESCRIPTION : Pavement Preservation CONTRACTOR: Hardrives , Inc . 9724 10th Ave. N. Plymouth , MN 55441 ORIGINAL CONTRACT AMOUNT . , . , , , . , . , , , $ 128,537. 90 QUANTITY CHANGE AMOUNT . . . . . . . . . . . . . $ - 454.55 CHANGE ORDER NO. I THRU NO. _ AMOUNT . , . $ 5 , 180.00 FINAL CONTRACT AMOUNT . . . . . . . . . . . . . . $ 133 ,263.35 LESS PREVIOUS PAYMENTS . . . . . . . . . . . . . $ 131 .763.35 FINAL PAYMENT , , , , , , , , , , , , , , , $ 2 ,500.00 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the some has been fully completed in all respects according to the contract, together with any modifications approved by City Council , I. therefore, recommend above specified final payment be made to the above named Contractor. u Professional Engineer N H ARDRIVES, INC . �{ 9Re IM AVENUE NORM P.O.W.SID YI PLYWLJT .MN 5541 St CLOUD,MN Sfi303 (5121N oow 15121251-T95 FUal. 13$ FM6122S1b1M November 22, 1989 CONTRACTOR'S CERTIFICATION TO: City Clerk City of Shakopee 1988 Pavement Preservation Project 1988-8 This is to certify that all material, labor, and other costs for the complete installation of 1988 Pavement Preservation Project have been paid in full. L4W S[ ven K. Hall Vice President Hardrives, Inc. County of Hennepin Subscribed and sworn to before me this day of--J9vemher > 198 kz e L7 y.D1 Notary Public Hennepin County May 1R, 1990 Hy Commission Expires f EL1 N �'+.�.s'1 11 TAP PU 1C 'LV FI FSQTA An Equal Oppommay Employer-Contractor Me.Me, 7 Tasr aarv�aN DeparbnnnMne+enue ".` ..r;.rs_S jn�5t 1.;X Affidavit t. Obtaining Final Settlement of Conlrau_ with the State of Minnesota and any of its Political or Governmental Subdivisions str Name a Wraluxe Nim .eenlAicabon number, Hardrives, Inc. to mae.,e"Yauu rm;) ausrness"dress 9245382 7200 Hemlock Lane North area case am teiaWroro nimber Cey.tram«post dansawe Lo cede Maple Grove MN 5369 ( 612 ) 424-4424 Check the box which describes your involvement in this project(read definitions on other side) ® Prime contractor ❑ Contractor ❑ Subcontractor propct Mxaepn pmowd a rurmw crumbs Femirldfcontrs:.404 'Peart Shakopee, MN 1988-8 Fran 8 To Name Mimresota pavernrrenNl um kir wa�tr reork svgs grformed Toul i mouN of ronbect Mares Ste due City of Shakopee 128,537.90 5. O Address d Minnewta govammenw uM Day.then a post oexe Ze t"e 129 East First Avenue Shakopee 55379 Did you pay or supervise the payment of persons employed on this contract? x❑ Yes ❑ No If yes.did you withhold Minnesota income tax from the wages of each employee as required by Minnesota Statute 290.927 ® Yes ❑ No Have you filed all required withholding returns and deposited Minnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.977 ® Yes ❑ No Do you authorize the Department to inform the prime contractor upon it's request whether your form IC-134 has been certified? ® Yes ❑ No If you are a subcontractor,list your prime contractor's business name and address. Name: M you are a contractor ar subcontractor,skip the next section of this form and sign below. If you are a prime contractor,fill in the names and addresses of all your subcontractors.If you need more space to fist your subcontractors,attach a separate sheet.Also you must attach certified affidavits of your subcontractors and sign below. Name am address Name and add.ess Minnesota State Curb S Gutter 6801 West 150th Street MN 55124 Name em address airmailed!address "-me am ads.esa I Namaland I declare under the penalties of Comiral liability lot anlauey maaerg a false statement, that the above statements are true and mrrttt to the best of my knMedge and belief. Sign Hera Your agnaluro C ne Dale g Certificate o1 Compliance with Minnesota Statutes 290.92 and 290.97 Based on the facts stated in the above affidavit and the facts in the tiles and records of the Department of Revenue, the above rintractor subcontractor has properly complied with all of the provisions of Minnesota Statute 290.92 relating to the withholding s income tax on wages paid to employees and Minnewta Statute 29097 relating to contract services with the State of Mnneso_td or any pf ns4wrnmen I or po itical subdivisions. I;gmawre M aumor.z"Depanmenl of Reve,rep'ewma4w Date I La�'i:r•arq to IY ie . esvmesd•Dap•NrrM d fi v (Susine, Trus) '.an Affidavit for Obtaining Final Settlement of Contract with the Stale of JUN 2 6 19 JUN 2 ^ iy j� Minnesota and any of its Political or Governmental Subdivisions 9 Nam.d oow•nd Minnesota State Curb & Gutter Mmnesou,n„r,l,�uon,camper eYsnea$•oWsv (tl npry,react Ystncr ry) 6801 West 150th Street 32g7 0 0-7 Ce},ro.n d poll dam Nea ccea•rte 4blsrxvy numser Apple Valley am, MN 2;pcppe 55124 ( (P,, 1y92-7/3 2 Check the box which desCiibes your involvement in this projecl (read definitions on other side) ❑ Prime contractor ❑ Contractor Pecten foraaon - ® Subcontractor Shakopee, MN P1 od or contract runs Penoe d conpad Named M.wysola gc.e nw"brfelvchran 1988-8 From a7 8� To /d 8� City of Shakopee Nes Derromna Tow uncure doomed Acores of Muvysob go,,rls 13,095.00 Nrfoun} M 129 East First Avenue Cay,a.nd post olrea 807. /U Shakopee �COce 55379 Did you pay or supervise the payment of persons employed on this contract) Q Yes ❑ No If yes,did You withhold Minnesota Income tax from the wages of each employee as required by Minnesota Statute 290.927 ® Yes ❑ No Have You filed all required withholding returns and deposited Minnesota tax withheld with ,it Department of Revenue as required by Minnesota Statutes 290.92 and 290.977 ® Yes ❑ No Do you authorize the Department to inform the prime contractor upon it's request whether your form IC•134 has been certified? Yes ❑ No if You are a subcontractor,list your prime contractor's business name and address. Hardrives, Inc. 7200 Hemlock Lane North, Maple Grove MN 55369 If you are a contractor or Subcontractor,skip the next section of this form and sign below. If you era a prime contractor, fill in the names and addresses of all your subcontractors. if you need more space to list ycs subcontractors,attach a separate sheet.Also sign below. N•m•aro aadass Nam•aro amr•aa ------------- N+m•ane•eous• Nems sin asveaa N••n•aM•sere•• Nem•ab ewree• I e•cu•• Vgar sy peneay el prm;nel Y•lHlrry y MmWy metuy a bw slueTar,t. y w try 't v, sblMMnla an aYa aM carted W eN seal of 'r Sign Hera �/— p+ Certificate Of Compliance with Minnesota Statutes 290.92 and 290.97 Based on the fads slated in the above it idavit and the facts in the files and records of the Department of Revenue. the abo:r connaclor.'subcontracior has properly complied with all of the provisions of Minnesota Statute 290.92 relating to tract wilnnoU.^e of income lex on wages paid mar" employees and Minnesota Statute 290.97 relating to contract services with the Sia!e c' Minnlsgt ren DI tla ov me or local subdivisions. Al Sp.a.+o +aro..rvc C—w^.�eni or F..en,a,ao-oenuir RESOLUTION NO. 3162 A Resolution Accepting York On The Pavement Preservation Program Project No. 1988-8 WHEREAS, pursuant to a written contract signed with the City of Shakopee on August 18 , 1988 , Hardrives, Inc. , 9724 10th Ave. N. , Plymouth, MN 55441 has satisfactorily completed the Pavement Preservation Program, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $ 2 , 500 .00 , taking the contractor' s receipt in full. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this _ day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 _ City Attorney . CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: John DeLacey, Engineering Tech. III SUBJECT: Downtown Streetscape Project 1987-2 DATE: December 14, 1989 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Downtown Streetscape Project No . 1987-2 . BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. A signed copy of the Certificate of Completion is attached. ACTION REQUESTED: 1 . Offer Resolution No. 3163, A Resolution Accepting Work on the Downtown Streetscape Project No. 1987-2 and move its adoption. 2 . Direct the appropriate City officials to make final payment to Hardrives, Inc. , 9724 10th Ave. N. , Plymouth, MN 55441 in the amount of $25 ,930 .10 • JHD/pmp MEM3163 CERTIFICATE OF COMPLETION CONTRACT NO. : 1987-2 DATE: December 11 . 1989 PROJECT DESCRIPTION : Downtown Streetscape CONTRACTOR: Hardrives , Inc . 9724 10th Ave. N. Plymouth , MN 55441 ORIGINAL CONTRACT AMOUNT , . . . . . , , . , . , $ 2, 186 ,457. 65 QUANTITY CHANGE AMOUNT , , , , , , , , , , , , , $ - 24, 181 .88 CHANGE ORDER NO. i THRU NO. io AMOUNT , , . $ 59 ,085.03 FINAL CONTRACT AMOUNT , . . , , , , , , . . $ 2,221 ,360.80 LESS PREVIOUS PAYMENTS . . . . . . . . . . . . . $ 2 , 195 ,430. 70 FINAL PAYMENT , , , , , , , , , , , , , , , , , , $ 25 .930. 10 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the some has been fully completed in all respects according to the contract, together with any modifications approved by City Council , I, therefore, recommend above specified final payment be made to the above named Contractor, Professional Engineer /d N �1 H ARDRIVES , INC . 972410TH AVENUE NORTH Pa.Box 579 PLYMOUTH.MN 55 ' BE CLOUD.MN B6302 ,B,a Wa le+a s•+,.me FAX e1a502a75e FAX W1 3131m November 22, 1989 CON'TRACTOR'S CERTIFICATION TO: City Clerk City of Shakopee Downtown Streetscape Project No. 87-2 This is to certify that all material, labor, and other costs for the complete installation of Shakopee Project No. 87-2 have been paid in full. I� Sterven K. Hall Vice President Hardrives, Inc. County of Hennepin Subscribed and sworn to before me this Pad . day of, November 198 9 62" 2tr.. [� , 19x" - Notary Public Hennepin County May 18, 1990 My Commission Expires wNa ""ti, ELAINE R. WICK '91{_ y� NOTARY PUa'_1C—MINNSpTA Rq 3 HENNE?IN COUNTY `�-•yvAy C�mm�avon EaC'.:«4uY 5 .pg0 MINIµyM An Equal Opportunity Employer-Contractor aarvrmb Business Trust I�.r.' nk. >:esl De9anne•N d Res'enue Affidavit for Obtaining Final Settlement of Contract with the Slate of Ug Minnesota and any of its Political or Governmental Subdivisions NOV 2 Name 01(pnlyCld Mirvp{da genlrlKalgn mrnrper NBrdrives Inc. prone.mea m!rrK+gnsl auiross add•esE prA;�l-7.�� [aY.mu24 tit Avenue North MAa mee arra kkpNone numt!er tt d pose MKO taare Zq eode Plymouth MN 55441 ( 612 542-9060 Check the box which describes your involvement in this project(read definitions on other side) ❑ Prime contractor © Contractor ❑ Subcontractor prgM bWgn Holeddmnran Mrrper hoop ol[Mlrael MOnIN:Yearl tow Streeteea e. 87-2 asm6/6/88 Tp ,Ujy Name d M.meada povAmmenal ilk 1vzt raor4.as txdanna TOW amwn d mntraq amwm app dw City of Shakopee 2,186,457.64 address d alinnesota •,�S.Cr:[.i;C ao+ammenW unit C ,wow % pos!oNKe Z•D ryy Avenue Shakopee 55379 Did you pay or supervise the payment of persons employed on this contract) © yes ❑ No If yes,did you withhold Minnesota income tax from the wages o1 each employee as required by Minnesota Statute 290.927 © Yes ❑ No Have you filed all required withholding returns and deposited Minnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.977 ❑x lbs ❑ No Do you authorize the Department to inform the prime contractor upon it's request whether your form IC-134 has been certified) Q Yes ❑ No N you are a subcontractor.fist your prime contractor's business name and address. Name: N you are a contractor or subcontractor,skip the next section of this form and sign below. N you are a prime contractor,fill in the names and addresses of all your subcontractors.M you need more space to fist your subcontractors,attach a separate sheet.Also you must attach mrdf!ed affidavits Of your subcontractors and sign below. Name Ana s Name Ona Odd,"O AAAA Striping Service Co. Killaer Electric Co., Inc: Haiti, Grove. IN 8990 Zachary Lane 55 69 Box 223 P. 0. Box 1595 5 v MN 55369-1595 Name Ana Oddrers Name Ana Oddrers -Albrecht Excavating, Inc. Minnesota State Curb & Gutter 1408 West County Road C 6801 West 105th Street Rosavrlll� MN 55,113 ll MN 55124 Name mid address Name and addmaa Courtland Landscape Products Noble Nursery, Inc. P. 0. Box 32Courtland MN 56fl2i 10530 Troy Lane haple Grove. MN 55369 1 deGare under rWNks q nimmAk!kability fit riNfuny makvp em,a false f!O!emtrial he above sale 1m0=Ze and rrynta are true are tund b ethe best d my Sign CFO Her! rap Tek fl Certificate o1 Compliance with Minnesota Statutes 290.92 and 290.97 Based on the facts stated in the above affidavit and the lads in the lies and records of the Department of Revenue,the above c Jntractor subcontractor has properly complied with all of the provisions of Minnesota Statute 29092 relating to the withholding ^t into tax on wags paid to employees and Mmneso;a Statute 29097 relating to contract services with the state of of"Y 6Fds govirnmental-or PcIldcaf^subdms,ons. }avWe o'aulnd¢ed Depanmeer d Re+e�.e•ep'tsereaam Dare M-1>M- 6 GM- z:esu � sara,esW DryaXmemp Menses / -• it Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions W9R al fpn4a[IIX AAA Striping Service Co. MmrcsW deme¢atu^nurroer aus�^ess aaa•eSi N rOrle.reaa nlslluclpnel 8990 Zachary Lane N, Box 223ZIP ixto, �- Glt.brvn IX past aXp Mea sale and NkpMne—te'r Maple Grove w1e 1N 55369 55369 Check the box which describes your involvement in this project(read definitions on other side) ❑ Prime contractor ❑ Contractor Subcontractor PrgM bralmn Shakopee Downtown Streetscape ~Oje�' �"t1°-niDir PeeodlfconlraltlMOnlb/:Yea) Name a M.reaaota gowmmenal ane ax, ,,x,watt was p,,mM TOWtanrourrlaramran Fn>m ��'�� To f7/iO City of Shakopee Mnorrm ana auf eov mmenlu urn -129 Fast � � - rXY.WnapfldlKe LpCNe First Avenue Shako ee 55379 Did you pay or supervise the payment of persons employed on this contract? lbs ❑ No If yes,did you withhold Minnesota income tax from the wages of each employee as required by Minnesota Statute 290.927 © 14s ❑ No Have you filed all required withholding returns and deposited Minnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.977 ❑ Mas ❑ No Do you authorize the Department to inform the prime contractor upon it's request whether your form IC-134 has been certified? fl yes ❑ No If you are a subcontractor,Not your prime contractor's business Mme and address. Name: Hardrives, Inc. , 9724 10th Avenue North, Plymouth, MN 55441 M you ars a contractor or subcontractor,skip the next section of this form and sign below. M you are s prime contractor,tilt in the names and addresses of a9 your subcontractors.M you need more space to kst your subcontractors,attach a separate sheet.Also you must attach oarttkad affidavits of your subcontractors and sign below. Name arM aadmas W int anaaddresa Name an0 adl•eas WmeaM aOaress ' Name and address Nsme ana Weress I declare uMer the peryeies of Liminal Lability set w idulty making a false sbtemenl. star Me atx ve statements are true anE WIIe,1 to the bas' OI my MmrA[dge and betel. J • Sign Here y 'pull `d Tek pale Certificate of Compliance with Minnesota Statutes 290.92 and 290.97 Based on the facts stated in the above affidavit and the facts in the Has and records of the Department of Revenue,the above ontractor subcontractor has properly ccmpbe^ T-th a!I of the p•o+s,ons o1 Minnesota Statute 290 92 relating to the withholding , income tax on wages pard to employees and Minnesota Statute 290 97 relating to contract services with the State Of li .nnesota or any of Its governmenfal or political 5nbilmsions. `!AUG 0 3 +989 `- �F De Me e .eO esema:re Data 'crr Wex3otabepvime.epnn'enue 1 Sc�ta* ne. e:eal Affidavit for Obtaining Final Settlement of Contract with the State of O f,Nge9 .. Minnesota and any of its Political of Governmental Subdivisions �( N.I. 0 exmlul. Albrecht Excavating, Inc. tx rorb.read mapunolul 0.x.neaa address �7 7 1408 West County Raod C bumde and lebpNPM Nxnee. Ce, bvn a posy once Roseville ww MN IVt4de 13 63.i 47S/(i Check the box which describes your involvement in this project(read definitions on otthJerr side) ❑ Prime contractor ❑ Contractor © Subcontractor Prow button R an nrnov Peri,d orc tract lMontN ail Shakopee Downtown Streetscape °je�' r n N>me W M.mew:a _ Shakope AadrcssCiWtMy�nnoefs°ta po�ammrua:vin u � Ton 'wmomrcaen irpn Qdwa To 2W[atle 122 East First Avenue Shakopee 55379 Did you pay or supervise the payment of persons employed onthis contract? © Yes ❑ No H yes,did you withhold Minnesota income tax from the wages of each employee as required by Minnesota Statute 290.927 © yes ❑ No Have you filed a0 required withholding returns and deposited Minnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.977 G yes ❑ No Do you authorize the Department to inform the prime contractor upon it's request whether your form IC-134 has been certified? ET Yes ❑ No H you are a subcontracts,list your prints contraclw's business name and address. Name: Hardrives, Inc. , 9724 10th Avenue North, Plymouth, MN 55441 ff you are a contractor or subcontraclol,skip the next section of this form and sign below. H you are a prime contractor,fill in the names and addresses of all you subcontractors.ff you need more space to list your subcontractors,attach a separate sheet.Also you must attach certified affidavits Of your subcontractors and sign below. Name arW add,sa Name andaddrus Name,nd,ddreas Wmearo wares. Name and,tld.eu Mme,ro adtlreaa 1 detlare under me Penalres of Criminal saw lu wilfully mating a Ulu afalemmt.Nat Ne above stalemmts are true and of ID the East of my bowledpe and belief Sign Here y l lab �71e¢ Certificate of Compliance with Minnesota Statutes 290.92 and 290.97 Based on the facts slated in the above affidavit and the facts in the dies and records 01 the Department of Revenue.the above "nnactor subcontractor has properly comp,ed with all 01 the povs ons of Minnesota Statute 290 92 relating to the withtl idiny ,a income tax on wages paid to employees and Minneso:a Statute 29097 relating to contract services with the State o' a:nnesota Many of its governme a1 or political subdivisions. OCT 0 4 t989 ear a .e Dsie IC-13 Minnesota Department of Revenue VRI.71.5) .ABY 20 ?sA9 Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions Namedoonbadpr Minnesotaidedification number Products — Div of ftcteris Distributing (d none.reso,oarucaons) Business address 6581077 Area code and telephone number City.town or post dike $tate Lp code MN 56021 ( 507 ) 359-2570 Check the box which describes your involvement in this project(read definitions on other side) ❑ Prime contractor ❑ Contractor ® Subcontractor projedtocason Prajecta coniri numberPeriod of contract fMonthrraao Dcr�tourri City f k 87-2 I 11 87 To 7/89 Noma d Minnesota govemmemal unit for whish work was fomented! Tdd amount d contract Amount mil doe, of Shakopee $ 86,964.40 11544.99 AtlM1essd MinnesotagWemmMtel unit city,town or post oaice Zip code it Ave Shako t)5379 Did you pay or supervise the payment of persons employed on this contract? ® Yes ❑ No If yes,did you withhold Minnesota income tax from the wages of each employee as required by Minnesota Statute 290.92? ® Yes ❑ No , Have you filed all required withholding returns and deposited Minnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.977 ® Yes ❑ No Do you authorize the Department to inform the prime contractor upon it's request whether your form IC-134 has been certified? ® Yes ❑ No If you are a subcontractor,list your prime contractor's business name and address. Name: Hardrives, Inc. 9724 10th Ave N Plymouth, MN 55441 H you are a contractor w subcontractor,skip the next section of this form and sign below. If you are a prime contractor, fill in the names and addresses of all your subcontractors. If you need more space to list your subcontractors,attach a separate sheet.Also you must attach certified affidavits of your subcontractors and sign below. Name and address Name add address —II Name and address Name and address Name and address Name and address 1 declare under Me penalties of criminal liadiey, for wilkilly making a false statement, that the above statements are true and coned to the best of my knowledge and belief. Sign Here Ywr issue. me pate Certificate of Compliance with Minnesota Statutes 290.92 and 290.97 Based on the facts stated in the above affidavit and the facts in the files and records of the Department of Revenue, the above contractor/subcontractor has properly complied with all of the provisions of Minnesota Statute 290.92 relating to the withholding of income tax on wages paid to employees and Minnesota Statute 290.97 relating to contract services with the State of l Minnesota or any of its governmental or political subdivisions. Signature of authonzea Department of Revenue representative Date _ (eta* Ae. 7 a5r aarnesorl De9Nt+ere a nMeme yOess 9 Affidavit for Obtaining Final Settlement of Contract with the Slate of Minnesota and any of its Political or Governmental Subdivisions PSG Nage or mmraua aumrsda bennlcarpn numan Killmer Electric Co. , Inc. grvrt.rna wn„nonal aysneas aaoass 6718331 - 95 auo Does Ira 4rephare r,,,mrs. Ue.a>.n a you ons zp Maple Grove Saw NN 55369 ( 612 ) 925-2525 Check the Dox which describes your involvement in this project(read deknibons on other side) ❑ Prime contractor ❑ Contractor © Subcontractor Rgem b P an Nxrdn Period of contrera lMonm.YSlil Shakopee Dovntown Streetacape Brom 8-87 To 4-89 Name City of Shakopee Leh wpl,na prbmad To4� 56, 0r.8o amumrun d.H City of Shakopee 356,702.80 Ana�ess a u�nneso4 9,711.11 lionmmenW ilei Cq.to.'na wsr once 2.p woe 122 Fagir First Avenue Shako ee 55379 Did you pay or supervise the payment of persons employed on this contract? ❑ yes ❑ No H yes. did you withhold Minnesota income tax from the wages of each employee as required by Minnesota Statute 290.927 © Yes ❑ No Have you filed as required withholding returns and deposited Minnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.977 [} bks ❑ No Do you authorize the Department to inform the prime contractor upon it's request whether your form IC-134 has been certified? fl bks ❑ No - If you are a subcontractor,list your prime contractor's business name and address. Name: Hardrives, Inc. , 9724 10th Avenue North, Plymouth, MN 55441 M you are a contractor a subcontractor,skip the nen section of this form and sign below. M you are a prime contractor,fill in the names and addresses of stl your subcontractors.M you need more space to list your subcontractors,attach a separate sheet.Also you must attach cartVlad affidavits of your subcontractors and sign below. Name IM Iddnsa Wrtr eeb Mdrua Name lib Iddresa W me IM Iddsaa Name find IOdreaa Name ab Iddreaa 1 declare under me peryplmRnt aabiliy b arortedpe and het. mlauay making a false sulemem,a41 the above $41emarlfa are Sue and coraco b orathe best of my s ^aes W 7/C - i - Sign ///"(/ /✓�L/L/e//_ Brian F. Hakk Controller 7-31-89 Here 'g tali OII< Certificate of Compliance with Minnesota Statutes 290.92 and 290.97 Based on the facts stated in the above affidavit and the fads in the files and records of the Department of Revenue.the above t Jntractor subcontractor has properly complied with all of the p'ovs•ons of Minnesota Statute 29092 relating to me withhi income tax on wages paid to employees and Mmnesola Statute 29097 relating to conlracl services with the State c! k..nnesla or any of ds governmental or political subdwsons. a � k n, � % O r aae m.. )asi \..� sarvredu pewInrm Wl4.enue �/ _ Affidavit for Obtaining Final Settlement of Contract with the State of Ogi`' �9 !lir Minnesota and any of its Political or Governmental Subdivisions �g Name or nne--j 3 Minnea to State Curb & Gutter wmtapa oiler a,.on rUmeer p address raw.lead wm,L.dnsl B.mnea i 6801 West 105th Street 3ay7cl-7o c ly Mvn L ladil oibca Nu mile aM lewplgne rwmx. Apple Valley sure MN 55124 Check the box which tlescribes your invol ( 6/ , y$1 vement in this projecl(read definitions on other side) ❑ Prime contractor ❑ Contractor Pryek axal.a, ® Subcontractor Shakopee Downtown Streetscape p1p`e�'�_�'""•n^`^rb•` Pariad Of sdduact pnonmtitarl wmeWM.mesolaad-nn"xi al wkwwlrtn.ad,was rlLnwd rrun y b7 To // s'a- City of Shakopee ae Taalamaml of raMrae amwnl sbudw Asaessoru�nnewia lovommenW wk aP7y, y�O. Oy 11, 3Y 7- a1 c•a.numL post Dace 29 rmt First Avenue Shakopee 55379 Did you pay or supervise the payment of persons employed on this contract? ❑ yes It yes.did you withhold Minnesota income tax from the wages ❑ No of each employee as required by Minnesota Statute 290.927 © yes ❑ No Have you filed all required withholding returns and deposited Minnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.977 Do you authorize the Department to inform the prime contractor ❑ 1!c ❑ No upon it's request whether your form JC•134 has been certified? fl yes ❑ No Of you are a subcontractor.Est your prime contractor's business name and address. Name: Hardrives, Inc. , 9724 10th Avenue North, Plymouth, MN 55441 N you are a contractor or subcontractor,skip the next section of this form and sign below. It you are a prime contractor,fill in the names and addresses of all Vow subcontractors.M you need more space to Est your subcontractors.attach a separate sheet.Also you must attach certified affidavits of Vow subcontractors and sign below. Name and addwas Wma ark address Name and address Wme and aadrear Name a,k Will.. Name ark addrex declare unser aw perwaies M Liminal I'llay fix wiauay making a Wee nalemenl,awl are abore slatemenls are ime ark mrrM a, Mt best 01 in, kro.ie0ye and betel. �c �/�-- Sign Here y v Q CTe 7 Z tl Dale Certificate o1 Compliance with Minnesota Statutes 290.92 and 290.97 Based on the facts stated in the above affidavit and the facts in the files and records of the Department of R r)nlractor subcontractor has properly complied with all of the p`ov�sons of Minnesota Statute 290 92relal. he aoove R evenue,She hncldmi, r : income lax on wages pard to employees and Mmnesola Slawte 29097 relating to contract semsc rig to the unit tits Stale of NM nnesola or any of its governmental or political subdivisions. — :p9Wt or a..Pprato Ch(.an�.eM dl ae.e'P.e'y'e sewsee _ ------ bate —� K.e7• --. AarroNa dNe.enue - Re. ):ASi Depannrt•. Affidavit for Obtaining Final Settlement of Contract with the State oto- - Minnesota and any of Its Political or Governmental Subdivisions Name a mnoana � Noble Nursery, Inc. ip floor rew roevclonsl 6.sneaa.de.eas 5y,� �snc: 10530 Troy Lane A.o aoa and re4pnpne wnbN Crt,.wa s post alp supe 2p rade Maple Grove MN 55369 1 WZ ) x/20 - 3 ?'F7 Check the box which describes your involvement in this project(read definitions on other side) ❑ Prime contractor ❑ Contractor ® Subcontractor pne>M SYN an ramlbli N•iAd etc ractlMentrnawl Shakopee Downtown Streetscape °je�'f�• p L Name a M.mew:a F. �O J J To 9orarvnem,wN*xMch. Was DeM•mee Taa!a^aaaMtlrpWM AnpMx ala dela City of Shakopee Z bg193 Add•ess d Mnn<sota 90.....vi " Or, was post Ma jp codr 129 F est Aveaue Shakopee 55379 Did you pay or supervise the payment of persons employed on this contract? ] yes ❑ No If yes,did you withhold Minnesota income tax from the wages of each employee as required by Minnesota Statute 290.927 P yes 13 No - Have you filed all required withholding returns and deposited Minnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.977 [ Nes ❑ No Do you authorize the Department to inform the prime contractor upon his request whether your form IC-134 has been certified? � Nes ❑ No 11 you area subcontractor,list your prime contracts s business mine and address. Name: Hardrives, Inc., 9724 10th Avenue North, Plymouth, MN 55441 If you are a contractor or,subcontracts,skip the next section of this form and sign below. N you are a prime contractor,fill in the names and addresses of a0 your subcontractors.M you need more space to list your subcontractors,attach•separate sheet.Also you must attach ardfiad affidavits of your subcontractors and sign below. Name iMd a0daas - N+mr and ada•ess IN•me end add,ecs W mf,a•d ada•e•s N•me and add,;;; N•mr.end add•es• J I dedare und<• the penafties of c rMrMal aablily to Maury Mknp a him mlemerd,prat the Above sumMM,are sue and correct bale best of my N (edge and relief, Sign Here Certificate of Compliance with Minnesota Statutes 290.92 and 290.97 3ased on the facts slated in the above affidavit and the facts in the hies and records of the Department of Revenue,the above "ntraclot subcontractor has properly comps ed with ac o!the oo+s.ons of Minnesota Statute 29092 relating to the withholding 1 income tax on wages paid to employees and Minnesota Saute 290 97 relating to contract services with the Stale 01 k nnesola or any of Its governmental or political subdivisions I . —L' pale RESOLUTION NO. 3163 A Resolution Accepting Work On The Downtown Streetscape Project Project No. 1987-2 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 14 , 1987 , Hardrives, Inc. , 9724 10th Ave. N. , Plymouth , MN 55441 has satisfactorily completed the Downtown Streetscape Program, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved ; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $ 25 , 930 . 10 , taking the contractor's receipt in full. Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 City Attorney CONSENT JDJ MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: 1989 Regional Transit Board contract for Transportation Services - Resolution No. 3164 DATE: December 13, 1989 INTRODUCTION• Each year the City of Shakopee enters into an agreement with the Regional Transit Board for transit service funding. In order to continue transit service levels as they presently exist within our community, the City of Shakopee must enter into an agreement with the Regional Transit Board for funding in 1990. BACKGROUND: On December 6, 1989 staff received an agreement from the Regional Transit Board that provides funding for our program in 1990. The contract agreement simply establishes the amount of funding for our program in 1990 and the process by which these funds will be disbursed to the City. Due to the length of the agreement I have not enclosed a copy with this memo. Copies are available in my office if you wish to review one before the meeting. Attached is Resolution No. 3164 authorizing the appropriate City officials to enter into a service contract agreement with the Regional Transit Board to provide public transportation service in Shakopee for the calendar year 1990. The resolution also specifies that the City of Shakopee will not be responsible for any transit deficit that may occur in conjunction with our transit program. The 1990 agreement provides funding in the amount of $209, 640. The proposed agreement allows us to maintain service at existing levels. If we wish to add more service in 1990 the agreement can be amended accordingly at that time. ALTERNATIVE: 1. Move to approve resolution #3164. 2. Do not approve resolution #3164. 3. Table approval of resolution #3164 pending further information from staff. RECOMMENDATION• Staff recommends alternative #1. ACTION REQUESTED: Offer Resolution #3164 AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO A TRANSIT SERVICE AGREEMENT WITH THE REGIONAL TRANSIT BOARD FOR PUBLIC TRANSPORTATION SERVICES IN SHAKOPEE FOR CALENDAR YEAR 1990 and move for it's adoption. /� cv RESOLUTION NO, 3164 A RESOLUTION AUTHORIZING THE CITY OF SHAKOPEE TO ENTER INTO A SERVICE CONTRACT WITH THE REGIONAL TRANSIT BOARD TO PROVIDE PUBLIC TRANSPORTATION SERVICE IN SHAKOPEE FOR CALENDAR YEAR 1990 Resolved that the City of Shakopee, Mn enter into Contract with the Regional Transit Board, to provide public transportation service in Shakopee. Further resolved that the City of Shakopee, Mn agrees to provide -0- percent of the total deficit of the transit project from local funds for State Transit assistance and/or exurban funding. Further resolved that authorization to execute the aforementioned Contract and any amendments thereto is hereby given to the City Administrator, City Clerk and the Mayor. Further resolved that the City Administrator or the Mayor is hereby authorized to execute request for reimbursement from the Minnesota Department of Transportation. Adopted in session of the City council of the City of Shakopee, Minnesota held this day of Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1989. City Attorney IDL) MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City ClerkOf- RE: Establishment of Department of Public Works DATE: December 13, 1989 INTRODUCTION: Pursuant to your request, the attached Ordinance has been prepared repealing the Engineering Department and creating the position of Public Works Director. BACKGROUND: At their work session on December 7, 2989, the City Council discussed the elimination of the Public Works Superintendent and the establishment of a Public Works Director. The discussion centered around the combining of the Engineering Department and the Public Works Department into one Department headed by a Public Works Director. The attached draft, ordinance eliminates the Engineering Department and amends that part of the City Code addressing the Public Works Department. It sets forth the Engineering and Public Works responsibilities all being under a Public Works Director. A draft of the ordinance has been provided to the City Attorney for his review. A final copy of the ordinance incorporating recommended changes by the City Attorney will be available at the Council meeting on December 19th, it is not included with this memo. ALTERNATIVES: 1) Amend Ordinance as drafted. 2) Adopt Ordinance as drafted. RECOMMENDED ACTION: Staff recommends adoption of the Ordinance after any desired changes by Council have been made. RECOMMENDATION: Offer Ordinance No. 284, AN ORDINANCE FOR CITY OF SHAKOPEE, MINNESOTA, AMENDING THE SHAKOPEE CITY CODE, CHAPTER 2, ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY REPEALING SECTION 2 .34 "ENGINEERING DEPARTMENT" AND BY CHANGING SECTION 2.36 "PUBLIC WORKS DEPARTMENT" AND ADOPTING BY REFERENCE SHAKOPEE CITY CODE, CHAPTER 1 AND SECTION 2 .99, and move its adoption. JSC/tiv = 7- ORDINANCE NO. FOURTH SERIES AN ORDINANCE FOR CITY OF SHAKOPEE, MINNESOTA, AMENDING THE SHAKOPEE CITY CODE, CHAPTER 2, ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY REPEALING SECTION 2 .34 "ENGINEERING DEPARTMENT" AND BY CHANGING SECTION 2 . 36 "PUBLIC WORKS DEPARTMENT" AND ADOPTING BY REFERENCE SHAKOPEE CITY CODE, CHAPTER 1 AND SECTION 2.99 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, DOES ORDAIN: SECTION I: REPEAL The Shakopee City Code is hereby amended by repealing Section 2 . 34 of Chapter 2 . SECTION II: SECTION 2 .36 IS HEREBY CHANGED Shakopee City Code, Chapter 2, Section 2. 36, is hereby changed to read as follows: SECTION 2. 35. PUBLIC WORKS DEPARTMENT. A Department of Public Works is hereby established. The Head of this Department shall be known as the Public Works Director. The Public Works Director shall have the duty of supervision of all Public Works operations and Engineering operations. He shall have under his direct supervision any assistance as may be necessary as well as all skilled and unskilled labor required therefore. He shall also be responsible for maintenance of all City parks and grounds and have under his supervision all labor required for maintenance thereof. He shall work in cooperation with the Park Director. The Public Works Director shall make and file such reports as may be required by the City Administrator; and shall perform such duties as are required of him, or referred to him Iby the Council . SECTION III : ADOPTED BY REFERENCE General provision5applicable to the entire City Code including i� x,59 the penalty provision of Chapter I and Section -2-n entitled "Violation a Misdem'e'anor" are hereby adopted int here entirety by reference as thought repeated verbatim herein. n FCRC2- SECTION IV: WHEN Z;FvF2-a& AND EFFECT After the adoption, signing and attestation of this Ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in effect on and after tr'_= F^"^`gig � /� . VIIAdopted 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 :.'`J i l�r ORDINANCE NO. FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE SHAKOPEE CITY CODE, CHAPTER 2, ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY REPEALING SECTION 2. 34 "ENGINEERING DEPARTMENT" AND BY CHANGING SECTION 2.36 "PUBLIC WORKS DEPARTMENT" AND ADOPTING BY REFERENCE SHAKOPEE CITY CODE, CHAPTER 1 AND SECTION 2.99 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, DOES ORDAIN: SECTION I: REPEAL The Shakopee City Code is hereby amended by repealing Section 2. 34 of Chapter 2 . SECTION II: SECTION 2. 36 IS HEREBY CHANGED Shakopee City Code, Chapter 2, Section 2 . 36, is hereby changed to read as follows: SECTION 2.35. PUBLIC WORKS DEPARTMENT. A Department of Public Works is hereby established. The Head of this Department shall be known as the Director of Public Works ^. %t&-. The Director shall be a registered Professional Engineer and shall function as City Engineer when legally requested to do so. The Director shall have the duty of supervision of all Public Works operations and Engineering operations. The Director shall have under his\her direct supervision any assistance as may be necessary as well as all skilled and unskilled labor required therefore. The Director shall also be responsible for maintenance of all City parks and grounds and have under his\her supervision all labor required for maintenance thereof. The Director shall work in cooperation with the Park Director. The Director shall make and file such reports as may be required by the City Administrator; and shall perform such duties as are required of him\her, or referred to him\her by the Council. SECTION III: ADOPTED BY REFERENCE General provisions and definitions applicable to the entire City Code including the penalty provision of Chapter I and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in there entirety by reference as though repeated verbatim herein. SECTION IV: WHEN IN FORCE AND EFFECT After the adoption, signing and attestation of this Ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in effect on and after January 1, 1990. 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 lo� MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Ordinance #283 - Hotel/Motel Tax DATE: December 13, 1989 INTRODUCTION• On December 5, 1989 the Shakopee City Council directed the City Attorney to prepare the necessary Ordinance Amendment extending the Hotel/Motel Tax at its present 3% level for three additional years. BACKGROUND: On January 2, 1987 the Shakopee City Council approved Ordinance #212. Ordinance #212 gave the Shakopee City Council the authority to impose a lodging tax of 3% on the gross receipts obtained from the furnishing for consideration of lodging at a Motel/Hotel. Section 1, Subd. F of Ordinance #212 provides that the Ordinance, unless extended, shall terminated and be of no further effect three years after it's effective date. The effective date of said Ordinance was January 6, 1987. Therefore, unless that Ordinance is amended, extending same, the Hotel/Motel Tax will expire on January 6, 1990. In accordance with Council direction, the appropriate City officials have prepared the necessary Ordinance amending Ordinance #212 providing for a three year extension of the 3% Hotel/Motel Tax. The proposed amending ordinance has been attached for your review and consideration. ALTERNATIVES• 1. Offer Ordinance #283, an Ordinance Amending Section 1, Subd. F of Ordinance #212 providing for a three year extension of the Hotel/Motel Tax at it's current level of 3%. 2. Do not approve Ordinance #283 extending the 3% Sales Tax for an additional three years. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED- offer Ordinance #283, an Ordinance Amending the Shakopee City Code, Chapter 6, Entitled "Other business Regulations and Licensing: by Repealing Paragraph F of Section I of ordinance 212 and by Providing for a new Termination Date of Provisions of Said Ordinance and by Adopting by Reference Shakopee City Code Chapter 1 and Sections 6.99, which among other Things Contain Penalty Provisions, and move its adoption. %o ORDINANCE NO. 283 Fourth Series An ordinance of the City of Shakopee, Minnesota, amending City Code, Chapter 6, Entitled "Other Business Regulations and Licensing" By Changing a Provision Relating to Subdivision 6 of Section 6.44 Regarding Lodging Tax and by Adopting by Reference Shakopee City Code Chapter 1 and Section 6.99, which Among Other Things Contain Penalty Provisions. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: Shakopee City Code. Section 6.44. Subd. 6 is hereby amended. to read: SUBD. 6. Termination. Termination provisions of this section are hereby extended beyond the present termination date and this section as so extended shall continue and remain in full force and effect for a period of three years from and after January 1, 1990. SECTION II: Adopted by Reference The general provisions and definitions applicable to the entire City Code including the penalty provisions of Chapter I and Section 6.99 entitled "Violations a Misdemeanor: are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION III: When in Force and Effect After the adoption and attestation of this Ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date following such publication in accordance with its terms. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 19th day of December, 1989. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this day of 1989. City Attorney ORDINANCE NO. 283 Fourth Series An Ordinance of the City of Shakopee, Minnesota, amending City Code, Chapter 6, Entitled "Other Business Regulations and Licensing" By Changing a Provision Relating to Subdivision 6 of Section 6.44 Regarding Lodging Tax and by Adopting by Reference Shakopee City Code Chapter 1 and Section 6.99, which Among other Things Contain Penalty Provisions. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: Shakopee City Code Section 6.44 , Subd. 6 is hereby amended, to read: SUBD. 6. Termination. Termination provisions of this section are hereby extended beyond the present termination date and this section as so extended shall continue and remain in full force and effect for a period of three years from and after January 1, 1990. SECTION II• Adopted by Reference The general provisions and definitions applicable to the entire City Code including the penalty provisions of Chapter I and Section 6.99 entitled "violations a Misdemeanor: are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION III: When in Force and Effect After the adoption and attestation of this Ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date following such publication in accordance with its terms. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 19th day of December, 1989. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this day of 1989. City Attorney � �o g MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S . Cox, City Clerk RE: Ordinance No. 285 Regarding ngerous Animals DATE: December 15, 1989 INTRODUCTION AND BACKGROUND: Pursuant to Council direction, Mr. Coller has prepared the attached ordinance addressing dangerous animals. You will recall that this matter has come before the Council previously and additional concerns were shared with the City Attorney for inclusion in the ordinance. RECOMMENDED ACTION: Offer Ordinance No. 285, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code Chapter 10 Entitled "Public Protection, Crime and Offenses" By Repealing Subd 1 and Subd 8 Sec 10.21 and by Enacting New Subd 1 and a New Subd 8 Regulating the Keeping of Dogs , Cats and Other Domestic Animals and by Adopting by Reference Shakopee City Code Chapter 1 and Section 10.99 which among other things contain Penalty Provisions , and move its adoption. jc /G ORDINANCE NO. QRS Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code Chapter 10 Entitled "Public Protection, Crime and Offenses" By Repealing Subd 1 and Subd 8 Sec 10.21 and by Enacting New Subd 1 and a New Subd 8 Regulating agg the Keeping of Dogs, Cats and Other Domestic Animals and by Adopting by Reference Shakopee City Code Chapter 1 and Section 10.99 which among other things contain Penalty Provisions THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: ARTICLE I: Definitions The following definition section is added to Section 10.21 Subd 1 - Definitions The following terms as used in this section shall have the meanings herein stated. A. The term "owner" means any person, firm, corporation, organization, unit or department possessing, harboring, keeping, having an interest in, or having care or custody or control of a dog, cat or domestic animal. B. The term "at large" means outside of the premises of the owner and not under restraint. A leash shall be a restraint or a line, belt, cord or chain, not more than 10 feet in length for leading or restraining a domestic animal securely fastened around the neck or collar of said animal, except in a case of a potentially dangerous or vicious animal the leash shall be no longer than 4 feet in length. C. The term "potentially dangerous or vicious animal" means 1. Any animal with a propensity, tendency or disposition to attack, cause injury or otherwise endanger the safety of human beings or other domestic animals as evidenced by its habitual or repeated chasing, snapping, barking or howling. 2. Any such domestic animal which attacks a human being or other domestic animal without provocation. �e 3. Any animal owned or harbored primarily or in part for the purpose of dog fighting. Subd 2 - Running at Large Prohibited It is unlawful for any dog, cat or other domestic animal to run at large and any vicious animal, outside of its kennel or pen must in addition to being on a 4 foot leash, shall be muzzled by a muzzling device sufficient to prevent the dog from biting persons or other animals, except when shown either in a sanctioned American Kennel or Show or upon prior approval of the Health Department. ARTICLE II: The follaAM new Subd 8 shall be added to Sec 10.21: Subd 8 Obligation to Prevent Nuisances It shall be the obligation and responsibility of the owner as herein defined of any animal in the City whether permanently or temporarily therein to prevent such animal from committing any act which constitutes a nuisance and it shall be considered a nuisance for any animal to habitually or frequently bark or cry at night, to frequent school grounds, parks or public beaches, to chase vehicles or individuals, to molest or annoy any person, if such person is not on the property of the owner or custodian of such animal, or to molest, defile or destroy any property, public or private. Failure on the part of the owner to prevent his animal from committing an act or nuisance shall be subject to penalties herein provided. Each occurrence is a separate offense. It is also unlawful for any owner of any domestic animal not to immediately remove any feces left by such animal on any public or private property including yards and boulevards and to dispose of such feces in a sanitary manner and not to have in such owner's possession a device or equipment for picking up and removal of such animal feces. The provisions of this paragraph shall not apply to a paved or traveled portion of a public street or road or to rural undeveloped areas of the -2- City nor to guide dogs accompanying ab1i-i person or to a dog used by police or in rescue operations. ARTICLE III: Repeal This Ordinance repeals the following portions of Chapter 10, to—wit: Subd 1 and Subd 8 of Sec 10.21 ARTICLE IV: Violation Every person violating Section, provision or subdivision hereof when he performs an act hereby prohibited or declared unlawful or failed to do an act which failure is hereby prohibited or declared unlawful and upon conviction thereof shall be guilty of a petty misdemeanor. ARTICLE V: When in Force and Effect After the adoption and attestation hereof and one publication in the official newspaper this Ordinance shall be in full force and effect the day after the date of such publication . Passed 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 Prepared and approved as to form this 14th day of December, 1989. City Attorney X11 CL, SHAKOPEE FIRE DEPARTMENT 129 East First Avenue, Shakopee, Minnesota 55379 Charles E. Ries, Fire Chief esmblishetl 1976 To: Dennis Kraft, City Administrator From: Shakopee Fire SCBA Committee/Charles Ries Fire Chief Re: Capital Equipment/SCBA-Air Paks Date: 12/09/89 Introduction & background: Two bid responses for furnishing the Shakopee Fire Department with two new self contained breathing apparatus (SCBA) were opened on December 08, 1989 . The air perks are of the same type and specification as were purchased in late 1987 . The paks are to meet NFPA standards 1981 with donning switch, buddy breathing and spare supply tank. These two perks will help to insure that every member of the Shakopee Fire Department has respiratory protection. Of the two bid responses received, one was from Clarey's Safety Equipment Inc. and one from Elvin Safety Supply Inc. They are as follows: Clarey' s Safety - $4 ,705.00 Elvin Safety - $5 , 791 .00 Alternatives: 1 . Not to award the Bid to Clarey' s Safety Equipment, and operate with the present SCBA. This alternative does not allow us to provide respiratory protection for every member of the department and lowers the number of SCBA units available for service at any given time. It should be noted here that these units are utilized by our fire fighters at almost every response except medicals. 2. Award the bid to Clarey' Safety Equipment Inc. to purchase 2 SCBA units, with spare air cylinders as specified above for a Total of $4,705.00. Recommendations: The committee appointed for this acquisition recommends the second alternative, as it provides the Shakopee Fire Department with the tools needed protect its firefighters and to continue offering state-of-the-art fire fighting and rescue service to the City of Shakopee. We request the 1989 budged amount of $5,000.00 for SCBA be carried over into 1990 as delivery of the units is estimated to be in late January or early February. Fire station—334 West Second Avenue _ I i MEMO TO: DENNIS KRAFT-Administrator CITY COUNCIL FROM: JIM KARKANEN-Public Works SUBJECT: WASHER/CLEANER PURCHASE DATE: DEC. 15th, 1989 INTRODUCTION: j The Capital Equipment budget provides $1100 for the purchase of a Jari hand sickle mower. We are requesting that the money I budgeted for this purchase be used for the replacement of a high i pressure cleaner/washer. 1 BACKGROUND: Because we have recently experienced serious mechanical problems with an outdated high pressure washer/cleaner machine, we are requesting that the $1100.00, budgeted for the Jari mower, be transferred toward the replacement of the pressure washer. This money was placed in the Capital Equipment budget for 1989, and has not been used, to date. This high pressure washer is generally used to clean parts , equipment and vehicles. It is also portable, and can be used in the field for a variety of tasks which may develop. Our "Highway Handyman" pressure cleaner will need electrical motor replacement, and will also need replacing of both pressure tanks. This cleaner was purchased in 1972 for $800, and has outlived its normal useful life. The decision to replace the washer/cleaner was delayed in presenting to Council, because the motor had not indicated that it was having any problems. We had budgeted for the replacement of the 1974 Jari sickle mower in 1989 , but it has been determined that the older Jari mower can still be used because it is not normally used as an everyday piece of equipment. Several quotations have been obtained from various vendors , and Auto Central Supply of Shakopee has a machine available with adequate motor size, and water pressure. They have quoted us a price of $809.25 . We have other quotes available, but they do not have adequate pressure available. ALTERNATIVE: 1 . Replace "Highway Handyman" pressure washer with money designated for sickle mower. 2. Replace "Jari" sickle mower only. 3 . Do not replace pressure washer. 4 . Do not replace sickle mower. ACTION REQUESTED: Authorize the Public Works department to purchase a Goodall high pressure washer from Auto Central Supply for $809.25 from the Capital Equipment budget. Quotations: VENDOR MODEL MOTOR PSI PRICE Harris Machinery-Mpls Camspray 2.0 gpm 1000 835.00 Grainger Supply - Mpls Dayton 2.0 gpm 1000 840.91 Motor Parts Serv.-Shakopee Specialty Egp.2 .0 gpm 1000 744.00 Auto Central - Shakopee Goodall 2.2 gpm 1200 809. 25 The Auto Central quotation is the better buy because they provide better PSI (pressure) , with a larger electrical motor. '.. I I i I IL- TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Legal Cost Reimbursement - Chard Lawsuit DATE: December 19, 1989 Introduction The City was sued by Wm. Chard several years ago. The insurance company has not made settlement with the City for the legal costs involved. Backeround We. Chard was the developer for Eastview. He sued the City and others for several items related to the development. Mr. Chard appealed all the way to the State Supreme Court and the final verdict was in favor of the City. International Surplus Lines was the carrier for the City's public officials insurance at that time. The City dropped this company over a year ago in favor of the League of Cities program. The company is offering the City $14,215.94 or 808 of the legal costs involved in the case as settlement. Trevor Walaten of Kress and Monroe handled the case and is recommending that the City accept their offer because litigation to recover more of our costs may not be cost beneficial. I faxed an offer yesterday afternoon to the company to split the difference between their offer at $14,215.94 and the amount I feel the City is due of $17,770.00. The company has not responded to the fax or returned my call late this afternoon. Alternatives 1. Accept the company's offer of $14,215.94. 2. Direct staff to file suit to get the company to increase the offer. 3. Accept the amount of $15,993 as spliting the difference and in the event that the company stands pat on their offer of 808, accept their 808 offer. Recommendation Alternative number 2. Action Recuested Move to accept the reimbursement of a minimum of $14,215.94 International Surplus Lines has offered for litigation in the Chard lawsuit. MEMO TO: Dennis R. Kraft, City Adm' 1st for FROM: Judith S. Cox, City Clerk RE: Vacation of Easements at MiTesota Valley Mall Now Known as Shakopee Town Square DATE: December 19, 1989 INTRODUCTION• The City is being asked to sign an amendment to reservation and declaration of reciprocal easements for parking and other purposes for property located at the Shakopee Town Square. BACKGROUND: There is a document entitled "Reservation and Declaration of Reciprocal Easements for Parking and Other Purposes" addressing Lots 1 and 2, Block 1, Valley Mall First Addition. This is property occupied by Shakopee Town Square and K-Mart. In essence this document provides for travel and parking on all that area not occupied by structures. See attached exhibit entitled "Current Easement Area.'- Because rea."Because of the expansion of K-mart and the theatre, part of the open area for travel and parking will be eliminated. Consequently, the original document must be amended and approved by all parties, since they all have rights to the property being eliminated. The City of Shakopee approved the sale of Industrial Development Revenue Bonds in 1980 for the K-mart Store. Because of this, the City has fee title to the K-mart Store. The mortgage is held by First Trust Company of St. Paul. Both the City's and First Trust's interests relate to the municipal financing. Both must also sign the document amending the easements. As you are aware, both K-mart and the theatre representatives have been working with staff to facilitate these expansions: lot split, vacation of easements, relocation of utilities, etc. The attached exhibit entitled "New Easement Area" shows the area (highlighted in yellow) which will be eliminated from the parking and travel area contained in the original document. The City Attorney has reviewed the documents in question and sees no reason why the City should not sign the amendment. I see this as a housekeeping matter, since the City has been working with the developers on many other matters to facilitate these expansions. ALTERNATIVES• 1] Approve amendment 2] Do not approve amendment ck— Vacation of Easements At Minn. Valley Mall December 19, 1989 Page -2- RECOM14ENDATION: Staff recommends Alternative No. 1, approve amendment. RECOMMENDED ACTION: Authorize appropriate city officials to sign the "Amendment to Reservation and Declaration of Reciprocal Easements for Parking and Other Purposes" for Valley Mall First Addition. CURRENT EASEMENT AREA - �•• '�i/(/•cam -"�:.F'.L. 1 \ � Ate.• • / 4� moi.. /','rJ�J as♦'�'„�'~ s 'P J ♦ / jl1 � C6MfEq /t'• ///�j ,. . . 1PAM1CCI. 0 / / t Ifs/ ale 1" • :00 R. ml FI.SrmiI I .7 AAV prARL k 01' glfll'M�CAI. fASfll:AiSI AF PAgp,Ar. AAL GTIYS IVIN)SES. NEW EASEMENT AREA it t LESS K-MART AND THEATRE EXPANSIONS 4 yr W • / a / < ' ' ;— • � inti Cy— 1 � ; �a ry v vy�NLYG LL"m J�' ff •' O P��q ;�c • i 'iraUN 0 ' TO RM2VATION AND DlCUAATION 0► MIAMXAL EASS"S }Cl ►AN11.`4 ABN 0^•;.