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HomeMy WebLinkAbout03/06/1990 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: March 2, 1990 1. Attached is the March calendar of Upcoming Meetings. 2 . Attached is the March Business Update from City Hall. 3 . Attached is the March 8, 1990 agenda for the Planning Commission. 4 . Attached is the March 8, 1990 agenda for the Board of Adjustment and Appeals. 5. Attached are the February 8, 1990 minutes of the Planning Commission. 6. Attached are the February 8, 1990 minutes of the Board of Adjustment and Appeals. 7. Attached is the Building Activity Report for February. 8. Attached is a memorandum from Dave Hutton regarding Valley Industrial Blvd. North. 9. Attached is a memorandum from Fulton Schleisman regarding the demolition of the old Minnesota Correctional Facility. MEMO TO: Honorable Mayor and City Council FROM: Toni Warhol, Administrative Secretary RE: Updating City Code Books DATE: March 1, 1990 The codifiers have supplied us with the new revision pages for updating our City Code books. If you'd please bring your City Code books to the Council meeting on Tuesday, we can update them for you. Thank you. Ma r h 1 9 9 0 UPCOMING MEETINGS SUN MON TUE WED THU FRI SAT 1 2 3 7:30pm Joint Tax Study Presentat- ion Senior High Auditorium 4 �:30pm 6: 30pm 7:00pm City � 10 7:30pm � Public Parks Hall Planning Utilities Subcommit- Siting Commission Commission tee Subcommit- 7:00pm City tee Council Council Chambers 11 12 13 14 15 16 17 7:45am Downtown Committee 18 19 20 21 22 23 214 7:00pm 7:00pm City 5:00pm CDC Community Council 7:00pm Services Energy & Transport- ation 25 26 27 28 29 30 31 February April SMT W T F S SMTWTF S 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 1 1 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 28 27 28 25 26 27 28 29 30 BUSINESS UPDATE FROM CITY HALL Vol. 4 No. 3 Dear Chamber Member: March 1, 1990 CITY ADMINISTRATOR On February 28th and March 1st City officials will interviewing six candidates for the City Planner position. The position was vacated when the previous City Planner (Doug Wise) accepted a position with the State of Minnesota. Staff expects to present a final candidate to City Council for consideration at the March 6, 1990 Council meeting. On March 6, 1990 the Shakopee City Council will be reviewing alternatives for distributing and producing a City newsletter. The Community Development Commission is proposing that a quarterly newsletter be distributed via direct mail to each resident in Shakopee informing them of City projects and issues. CITY CLERK On February 6th City Council approved a contract with Municipal Ordinance Codifiers for updating the city code for 1990. On February 20th City Council approved resolutions of appreciation for members whose terms expired on various boards and commissions. These individuals have given much of their time to serve in this capacity. Those individuals are: Dave Czaja, Terry Forbord, John Roepke, Dan Steil, Glenda Spiotta, and Lee Davis. COMMUNITY DEVELOPMENT On February 6, 1990 the Shakopee City Council approved authorizing funds in the amount of $10, 000 to conduct the annual clean up day program. The clean up day will be held on Saturday, April 21st between the hours of 8 : 00 A.M. and 4 : 30 P.M. Tipping fees for participants this year will be as follows: Gate fee - $3 . 00 per trip Appliance - $3 . 00 per appliance Furniture - $3 . 00 per item Brush - $3 .00 per load Tires - $1.00 per tire The dump site will be held at the same location as last year (behind the Public Works building) . Materials will be accepted from Shakopee residents providing proof of residency. The Energy and Transportation Committee will be distributing a direct mail survey to each resident in Shakopee to promote the Dial-a-ride and Van Pool Programs. The survey will also attempt to determine ridership needs and the responsiveness and adequacy of our existing service. The survey will be designed to provide for return postage paid. On March 6, 1990 the Shakopee Housing and Redevelop^'ert Authority will be considering the adoption of a rehab grant program. The proposed program would provide grant proceeds to participants with a required 75% match on the part of the applicant. Under the proposed grant program guidelines, applications for grant requests would have to be submitted by a specified deadline date. The awarding of grants would be determined on a preestablished ranking and scoring system. Grant applications would be reviewed by a review team. The program would provide assistance for exterior building improvements within the B-3 Zone. COMMUNITY RECREATION (SCR) The annual "Shakopee Showcase" sponsored by S.C.R. will again be held at Canterbury Downs on Monday, April 16, from 6: 30 - 8: 30 PM. Last year over 4700 citizens attended and an even larger number are expected this time. Because of its vast space indoors (and outside) , this large crowd can easily be accommodated. Most of Shakopee' s organizations and special interest groups are on exhibit providing a miniature county fair type atmosphere. A number of the groups provide free entertainment. Many also give door prizes. This is the first opportunity to register for many of S.C.R. ' s summer activities. Food and beverage will be available for sale. Proceeds from these sales will go to the Shakopee "Dollars For Scholars" Fund. ENGINEERING At the February 20, 1990 meeting City Council ordered the preparation of plans and specifications for road improvements for Valley Industrial Boulevard North between C.R. 83 and Valley Park Drive. Staff is preparing plans and specifications for the Lewis St. reconstruction project between 4th and 10th Ave. Also included in this project is Sommerville St. between Shakopee Ave. and 10th Ave. Staff has targeted April 1st as their date to have plans and specifications computed. City Council has scheduled a public hearing on April 3, 1990 for Bluff Ave. improvements East of Naumkeag Street. *15 TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN March 8, 1990 Chairperson Melanie Kahleck Presiding 1. Roll Call at 7:30 P.M. 2 . Approval of Agenda 3 . Approval of February 8, 1990 Meeting Minutes 4 . 7:50 P.M. PUBLIC HEARING: To consider approval of the Amendment to the Condition Use Permit # 376, extending the hours of operation for mining from 8: 00 a.m. - 5: 00 p.m. to 7 : 00 a.m. - 7 : 00 p.m. Applicant: Scott County Lumber/Bert Notermann Action: Amend CUP - Resolution #376 5 . 8 : 00 P.M. PUBLIC HEARING: To consider approval of the final plat of The Meadows 4th Addition. Applicant: Gold Nugget Development, Inc. Action: Recommendation to City Council 6. 8 : 10 P.M. PUBLIC HEARING: To consider approval of the preliminary and final plat of Hillwood Estates. Applicant: D & B Development Action: Recommendation to City Council 7 . 8 : 20 P.M. PUBLIC HEARING: To consider an amendment to the Shakopee Valley Square Planned Unit Development to allow for a Mini Golf Course at 1251 E. 1st Ave. Applicant: Wallace Bakken/Putt Away Park Action: Recommendation to City Council 8 . 8 : 30 P.M. PUBLIC HEARING: To consider approval of the preliminary and final plat of Valley Park 8th Addition. Applicant: Valley Industrial Realty Action: Recommendation to City Council 9 . Vacation. of Easement - Valley Park 8th Addition: To consider whether the vacation of an easement in Valley Park 8th Addition is consistent with the Comprehensive Plan. Applicant: Valley Industrial Realty Action: Recommendation to City Council 10. Canterbury Park 4th Addition - Preliminary and final Plat approval. continued. Applicant: Valley Industrial Realty Action: Recommendation to City Council 11. Other Business a. Set public hearing for Comprehensive Plan. b. c. 12 . Adjourn Janelle Szklarski Planning Intern NOTE TO PLANNING MEMBERS : 1. If you have any questions or need additional information on any of the above items, please call Janelle Szklarski on the Monday or Tuesday prior to the meeting. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN March 8, 1990 Chairperson Melanie Kahleck Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of Feburary 8, 1990 Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5. Chairperson - comments on procedure. 6 . 7 : 30 P.M. PUBLIC HEARING: To consider an appeal of staff' s interpretation of City Zoning Ordinance Section 11. 03 , Subd. 3-C, which states that not more than one principal building shall be allowed on a lot and also an apppeal on staff' s denial of a lot split for the property located at 8970 E. 13th Ave. Applicant: Marlowe Christian Anderson Action: Appeal Resolution # 588 7 . Other Business a. b. 8 . Adjourn Janelle Szklarski Planning Intern NOTE TO THE B.O.A.A. MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Janelle Szklarski on the Monday or Tuesday prior to the meeting. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. 4+ S PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MN FEB 8, 1990 Members Present: Allen, Foudray, Christensen, Joos, Spurrier. Chairman presiding: Kahleck Members Absent: Rockne Others Present: Dennis Kraft, City Administrator; Janelle Szklarski, Planning Intern; Dave Hutton, City Engineer; and Carol Schultz, Recording Secretary I. ROLL CALL: Chairman Kahleck called the meeting to order at 8: 10 p.m. Roll Call was taken as noted above. II. APPROVAL OF AGENDA Foudray/Allen moved to approve the agenda. Motion passed unanimously. III. ELECTION OF OFFICERS: Election of Officers was done at Board of Adjustments and Appeals. IV. PASSING OF THE GAVEL V. APPROVAL OF JANUARY 4, 1990 MEETING MINUTES: Foudray/Allen moved to approve the minutes. Kahleck, Spurrier, Joos, and Christensen abstained. Motion carried. VI. 7: 50 PUBLIC HEARING: Foudray/Joos moved to open the public hearing to consider approval of the preliminary and final plat for Canterbury Park 4th Addition. Motion carried unanimously. Szklarski said that Canterbury Park 4th addition is a replat of Lots 1 and 2, Block 2, Canterbury Park 2nd Addition. The property is zoned B-1. The plat divides approximately 11 acres into 2 lots. Presently Canterbury Inn is located on Lot 2, and Lot 1 is vacant. Access to the lots will be from County Road 83 along Secretariat Dr. She said there is a ponding area which extends into Lot 1 which is no longer needed due to the construction of Minutes of the Page - 2 Shakopee Planning Commission February 8 , 1990 the Upper Valley Drainageway. The City Engineer is requesting that the ponding area be filled. Jon Albinson, Valley Industrial Realty, was present and reviewed the proposal. He asked when Secretariat Drive would have to be extended. The City Engineer replied that he would like to have its construction made a condition of this plat, or have a security deposit to have the road constructed at a later date. Jon Albinson also questioned why they have to pay park dedication fees if they were already paid when Canterbury Park 2nd was platted. Szklarski stated that replatting allows the City to assess park fees, and the fee schedule has changed since Canterbury Park 2nd was platted. Christensen asked what the difference in the amount of park fees was. Spurrier was concerned about charging park dedication fees to previously platted land. Szklarski said the new fees are calculated to be approximately 15, 000. Kraft suggested that we reserve this issue of park dedication fees until further clarification from the City Attorney. Chairman Kahleck asked if there was anyone from the audience who wished to address the Commission. Kieren O ' Brien, Danny' s Construction, had a concern about the pond which borders his property. He said he has had flooding problems because the pond is not handling the water properly. The City Engineer said that the flooding issue will be addressed when the Hwy 101 bypass is completed. Szklarski said she received a letter from the Department of Transportation stating they may need a small portion of the SE corner Lot 2 for the bypass right-of-way, but would not know exactly how much, and for a couple weeks. MOTION: Foudray/Allen moved to close the public hearing. Motion carried unanimously. MOTION: Christensen/Joos moved to table action until Minutes of the Page - 3 Shakopee Planning Commission February 8, 1990 the Department of Transportation determines the amount of right-of-way needed, and the City clarifies the matter of the park dedication fees. Motion carried unanimously. VII. REGISTERED LAND SURVEY: Szklarski stated that the County Recorder's office had requested that an RLS be done for these tracts prior to their being platted due to their lengthy metes and bounds legal descriptions. An RLS would simplify the legal description of this property and therefore lessen the chance of errors when transferring title. The property contained in this RLS includes land for the FMG/Tsumura project. MOTION: Foudray/Allen moved to recommend to City Council approval of the Canterbury Industrial Park registered Land Survey subject to the following conditions: 1. With the exception of tract A, none of the tracts included within the proposed Registered Land Survey shall be buildable parcels until they are platted. Tract A may be issued a Building Permit in compliance with City Council Resolution #3173. 2. Tract E shall be deeded to the City immediately following recording of the Registered Land Survey. 3 . Existing assessments placed against parcels included within the Registered Land Survey shall be reapportioned to the new tracts by the City Engineer and the developer waives the right to appeal the apportionment. Motion carried unanimously. VIII. J.L. SHIELY CUP ANNUAL REVIEW: Szklarski stated that J. L. Shiely had received a conditional use permit in 1985. This was subject to an annual review. MOTION: Allen/Foudray moved approval of the annual review for Conditional Use Permit #375. Minutes of the Page - 4 Shakopee Planning Commission February 8, 1990 Motion carried unanimously. IX. COMPREHENSIVE PLAN: A meeting to review the Comprehensive Plan was set for February 28, 1990, at 7 : 30 P.M. X. 1989 ANNUAL REPORT: MOTION: Allen/Joos moved to recommend the City Council to approve the Shakopee Planning Commission 1989 Annual Report. Motion carried unanimously. XI . OTHER BUSINESS: Szklarski reported that there was a series of workshops offered by the Government Training Center designed for Citizen planners. Chairman Kahleck stated she would be interested in attending. Comm. Allen asked if it would be possible to get the books if one could not attend. Kraft answered that he thought that could be done. Discusson on attending another municipality' s Planning Commission meeting ensued. Kraft would try and initiate a combined training session for our Commissioners and other local Planning Commissioners. Chairman Kahleck stated that she would like to encourage the Planning Commission to discuss reclamation plans for the Shiely quarry sometime this summer. Chairman Kahleck also requested staff to remind the Planning Commission about the invitation by Mr. Bob Bieraugel from the Shiely Co. to tour the quarry. The Commission would like to consider a date later this spring or summer. XII . ADJOURNMENT: MOTION: Foudray/Allen moved to adjourn. Motion carried unanimously. Meeting adjourned at 9 : 30 p.m. Melanie Kahleck, Chairman Carol Schultz , Recording Secretary BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MN FEB. 8, 1990 Members Present: Spurrier, Joos, Foudray, Kahleck, Christensen Chairman presiding: Allen Members Absent: Rockne Others present: Janelle Szklarski, Planning Intern; Dennis Kraft, City Administrator; Carol Schultz, Recording Secretary. I. ROLL CALL Vice-chairman Allen called the meeting to order at 7 : 30 p.m. Roll call taken as noted above. II. APPROVAL OF AGENDA Motion: Kahleck/Joos moved to approve the agenda as presented. Motion passed unanimously. III.ELECTION OF OFFICERS Melanie Kahleck nominated Gene Foudray for Chairman. Terry Joos nominated Melanie Kahleck for Chairman. Unanimous ballot for Melanie Kahleck. Terry Joos nominated Gene Foudray for Vice-Chairman. Bo Spurrier moved to close nominations. Unanimous ballot for Gene Foudray. IV. PASSING THE GAVEL - Melanie Kahleck took the Chair. V. APPROVAL OF JANUARY 4, 1990 MEETING MINUTES Motion: Foudray/Allen moved to approve the minutes of January 4, 1990. Motion passed unanimously. VI. 7: 30 PUBLIC HEARING Motion: Allen/Spurrier moved to open the public hearing to consider a request for two 10 ' variances from the required 50 ' front yard setbacks upon the property located at County Rd 16 and Roundhouse Circle. Motion passed unanimously. Szklarski said the applicant has requested 10 foot variances from the required front yard setbacks along the northern and western boundaries of the lot in order to construct an 8 unit apartment building. Because three Minutes of the Page - 2 Board of Adjustments and Appeals February 8 , 1990 sides of this lot abut a street, a 50 foot setback is required on three of the four sides. The fourth side must comply with the 40 ' rear yard setback. Szklarski stated that staff is recommending that the variances be applied along the western and southern boundaries of the lot, and not along County Rd. 16 as the applicant has asked for. County Road 16 will be expanded and additional right-of-way will be needed. The applicant, Dave Schmitt, said that he does not feel a 40 foot setback on the County Rd. 16 side would present any problem. He said that if the variance were granted along the southern boundary abutting Roundhouse Circle it would greatly reduce the proposed garage area. Chairman Kahleck asked if the applicant could possibly build a smaller apartment building in order to comply with the setbacks. Foudray/Allen moved to close the public hearing. Motion passed unanimously. Foudray/Spurrier moved to approve Variance Resolution No. 587 fcr a 10 foot variance along the western and southern boundaries of Lot 1, Block 1, Eagle Creek Junction. Motion carried with Chairman Kahleck opposed. VII . 7 : 40 P.M. PUBLIC HEARING MOTION: Allen/Christensen moved to open the public hearing to consider a request for variances to: 1) Permit 14 parking spaces instead of the required 17 and 2) to allow a 1 foot side yard setback for parking instead of the required 3 foot upon the property located at 1038 1st Ave. E. Motion passed unanimously. Szklarski reviewed the request from Dirks Furniture. She said they are proposing to put an addition on their present structure at 1038 1st Avenue East. She stated that the variance for the number of parking stalls was granted in 1988, but the applicant failed to use the variance within the one year time frame. Chairman Kahleck asked if there was anyone from the audience who wished to address this issue. There was no response. MOTION: Foudray/Allen moved to close the public Minutes of the Page - 3 Board of Adjustments and Appeals February 8 , 1990 hearing. Motion passed unanimously. MOTION: Spurrier/Christensen offered Variance Resolution No. 536 to permit 14 parking spaces instead of the required 17 spaces. Motion carried unanimously. VIII. 1989 ANNUAL REPORT MOTION: Allen/Joos moved to approve the 1989 Board of Adjustments and Appeals Annual Report. Motion carried with Foudray opposed. IX. ADJOURNMENT Foudray/Joos moved to adjourn. Motion carried unanimously. Meeting adjourned at 8 : 10 p.m. Melanie Kahleck, Chairman Carol Schultz, Recording Secretary CITY OF SHAKOPEE BUILDING ACTIVITY REPORT PERMITS ISSUED February, 1990 Yr. to Date Previous Year Number Nuriber Valuation Number Valuation No. YTD. Single Fam-Sewered 6 10 572, 100 5 5 368, 950 Single Fam-Septic 2 3 374, 100 - - - Multiple Dwellings - - - - - - (# Units) (YTD Units) (-) (-) - (-) (-) - Dwelling Additions - 1 22 , 000 2 5 45, 300 Other - - - - 1 98 , 000 New Comm. Bldgs - - - - - - Comm. Bldg. Addns. - 1 907, 000 - - - New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - - - - New Industrial-Septic - - - - - - Ind. Septic Addns. 1 1 462 , 800 - - - Accessory/Garages 3 3 17, 600 - 2 8, 000 Signs & Fences 3 5 7, 800 1 5 2 , 940 Fireplaces/Wood Stoves - - - 1 1 700 Grading/Foundation - - - - 1 1, 348 , 695 Remodeling (Res. ) 1 2 5, 800 5 5 40, 790 Remodeling (Inst. ) - - - - - - Remodeling (Comm/Ind. ) 2 7 188, 500 3 6 1, 032 , 800 TOTAL TAXABLE 18 33 2, 557, 700 17 31 2 , 946, 175 TOTAL INSTITUTIONAL - - - - - - GRAND TOTAL 18 33 2, 557,700 17 31 2 , 946 , 175 No. YTD. No. YTD. Variances 2 2 1 2 Conditional Use - - 1 3 Rezoning - - - - Moving - - - 1 Electric 27 44 18 35 Plumbing & Heating 21 48 12 25 Razing Permits Residential - - - - Commercial - - - - Total dwelling units in City after completion of all construction permitted to date 4 , 392 Jeanette Shaner Building Department Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN FEBRUARY, 1990 8507 E2 Construction Shakopee Town Square Alt. $ 160, 000 8508 Daniel Gasow 640 Hennes Avenue Remodel $ 4 , 000 8509 Novak Fleck 700 11th Avenue House $ 53 , 600 L 20 B 3 The Meadows 8510 Novak Fleck 1136 Minnesota Street House $ 61, 500 L 31 B 3 The Meadows 8511 Stephen Heller 620 C. R. 78 House $ 181, 100 L 3 B 1 Stonebrooke 8512 Nordquist Sign Co. 1226 East 4th Avenue Sign $ 500 8513 Glen Theis 9101 Boiling Springs Ln House $ 93 , 000 13 115 22 8514 Cletus King 1723 C. R. 18 Stg.Bldg. $ 6, 000 8515 Robert Young 1753 C. R. 18 Stg.Bldg. $ 6, 000 8516 Logeais Homes 1188 Murphy Court House $ 55, 000 L 12 B 4 Heritage Place 8517 Jones Sign Co. 1102 Shakopee Town Sq. Sign $ 1, 800 8518 Michael Pumper 1175 Shumway Street Garage $ 5, 600 8519 Novak Fleck 1124 Minnesota Street House $ 52 , 000 8520 Cragg Signs, Inc. 1128 Shakopee Town Sq. Sign $ 4 ,800 8521 Novak Fleck 1211 Vierling Court House $ 60, 000 L 12 B 1 Meadows 2nd 8522 Novak Fleck 1101 Minnesota Street House $ 53 , 600 L 1 B 1 The Meadows 8523 Minn. Valley Restoration 2187 E. Highway 101 Remodel $ 2 , 000 8524 Madsen Johnson Corp. 6957 E. Highway 101 Addn. $ 462 ,800 * 8 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Directo SUBJECT: Valley Industrial Blvd. North DATE: February 26, 1990 INFORMATIONAL ITEM FOR COUNCIL: At the February 20, 1990 public hearing for the above referenced project, Councilwoman Vierling inquired as to why the final wear course of asphalt had never been assessed to the property owners along Valley Industrial Blvd. South. As you recall, this street was reconstructed in 1982 and assessed 100% to the abutting property owners. The wear course of asphalt was omitted from the project due to utility crossings needed to develop the vacant lots. Staff has researched this issue and has found that the wear course on Valley Ind. Blvd. South has still not been constructed because there are still several undeveloped industrial lots that will require utility crossings. The final wear course will be placed within the next few years and the abutting property owners can still be assessed for that work, if Council desires. A public hearing will be held before this project to determine the extent of any assessments. DH/pmp CI MEMO TO: Dennis R. Kraft, City Administrator FROM: Fulton Schleisman, Building Inspector RE: Demolition of the Old Minnesota Correctional Facility DATE: February 27, 1990 Staff has received copies of the bidding and contract documents for demolition work at the old Minnesota Correctional Facility. The contract calls for the demolition and removal of the four main buildings and miscellaneous clean up work. A garage and one access driveway will be retained. The bid opening for this contract is scheduled for March 9, 1990. The work on the project is scheduled to begin on May 1, 1990, or immediately after the asbestos has been removed (under separate contract. ) Staff will submit a list of City requirements to the State, anticipating that they can be incorporated into the contract. City requirements will also be made conditions of the demolition permit issued to the contractor performing the work. FJS/jms TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 6, 1990 Mayor Gary Laurent presiding 1] Roll Call at 7: 00 P.M. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Maycr's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] 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. ) *9] Approval of Minutes of February 20, 1990 10] Communications: *a] Western Gas Utilities, Inc. re: application for pipeline routing permit pursuant to partial exemption from pipe- line route selection procedures *b] Gary Janisch re: request for street light 11] Public Hearings - None 12] Boards and Commissions: Community Development Commission: a] City Newsletter 13] Reports from Staff: a] Tahpah Park Lights b] Cost Over Runs on Police Department Remodeling - verbal report by the Building Inspector *c] Capital Equipment Purchases for Fire Department *d] Raymond Erlandsen/Pay Rate Change to Top Patrol *e] Probation Termination for Engineering Tech II TENTATIVE AGENDA March 6, 1990 Page -2- 13 ] Reports from Staff continued: *f] U.S . Conference of Mayors Deferred Compensation Alternative *g] Camp Courage Wagon Train h] Policy on Improvements Within Private Developments i] Street Light on Shawnee Trail *j ] Appointment to Ad Hoc Downtown Committee k] Authorize Hiring A City Planner - Memo on table 1] Resignation of Planning Intern *m] Valley Industrial Blvd. North Engineering Services n] Scott County Transportation Coalition o] Expenditure Monitoring p] Employment Agreement for City Administrator q] Approval of bills in the amount of $19 , 513 . 16 *r] City Vehicle Policy 14] Resolutions and Ordinances: a] Res. No. 3187 , Accepting Report for Upgrading All Gravel Streets in Urban Shakopee - tabled 2/20/90 (bring item 14a from 2/6/90 agenda) b] Res. No. 3203 , Authorizing Execution of Agreement for Upper Valley Drainage Project - Phase II - 1987-5A c] Res. No. 3204 , Approving Plans and Specs and Ordering Ad for Bids for Upper Valley Drainage Project - Phase II 15] Other Business: a] 1991 Budget Calendar (Tentative) b] Application for Community Youth Bldg . Committee c] Satisfaction of Mortgage on the Valley Health Properties Shali.opee Co munity Services 1989 Annual Report 16] journ t luesclay, March 20, 1990 at 7 : 00 P.M. e ] Set Date for Joint Meeting with SPUC f ] Executive Session to Discuss Labor Negotiations Dennis R. Kraft City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting March 6, 1990 1 . Roll Call at 7 : 00 P.M. 2 . Approval of the February 6, 1990 Meeting Minutes 3 . Jellystone Camp Resort Request for Assistance 4 . 86-A G.O. TIF Bond Proceeds 5. 5th Avenue Project Request for Proposal 6 . Rehab Grant Program 7 . Other Business a) b) 8 . Adjourn Dennis R. Kraft Executive Director V OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 6, 1990 Chairman Vierling called the meeting to order with Comm. Clay, Wampach, Zak and Sweeney present. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; David Hutton, City Engineer; Julius A. Collar II, City Attorney; and Judith S. Cox, City Clerk. Clay/Wampach moved to approve the minutes of January 2, 1990. Motion carried unanimously. Barry Stock reviewed the Rental Rehab Grant Program. He said he has contacted Carver County HRA and they do have staff in place to administrate the program in our behalf. They would be expecting a $150. 00 plus $35. 00 per unit in excess of 4 units. Staff is proposing a sliding application fee which comes up to approximately 50% of our actual cost. Cncl. Sweeney had a concern on the City paying half of the fee as opposed to none of the fee. He feels since the benefit would go solely to the property owner, the property owner should pay the actual cost. Sweeney/Clay moved to authorize appropriate officials to enter into the administrative services cooperative agreement between the Shakopee HRA and Carver County HRA. Motion carried unanimously. Barry Stock reviewed the 5th Avenue Project Request for Proposals for the development of vacant property on 5th Avenue between Spencer and Market Streets. Mr. Link, along with Jane DuBois and Steve Hentges submitted the only proposal and they are proposing a combination of single family units, townhouse units and senior cottage type units. The total net cost for the City is estimated to be about $215, 300. 00. Cncl . Zak said he does not see how this project could be financially feasible for the City to enter into at this time. Mr. Link addressed the Council saying that this area would be a great improvement to the City if it were redeveloped. He feels there is a market in this community for senior housing and for first time home buyers. Jane DuBois asked that if the payback was more palatable would the concept in whole be more agreeable. Consensus was that the concept in whole was a good idea but at this time they cannot put forth the amount of money required. Ione This, 447 Market said she has lived here for 50 years and is very much in favor of the senior housing. Sweeney/Clay moved to table pending further information from staff as to the issues of using HRA dollars and what other options are available. Motion carried unanimously. Barry Stock reviewed the request for financial assistance from Jellystone Camp Resort. He said Wally Bakken is requesting that the Shakopee HRA consider reviving a portion of a creating a new development agreement for the campground. The HRA did sell $50C , C30 worth of bonds in 1985 and th.: mcnc.y hLs not 11.c.en disbursed. To date Mr. Bakken has completed a majority of the elements in the amended contract. The value of the property to date is $396, 700 . Mr. Bakken is asking for assistance in the amount of $100 , 000. Mr. Bakken addressed the council explaining how he started this project 9 years ago. He has worked with two different City Administrators and he has put alot of his own money into this project and he now needs help. Cncl . Sweeney had a concern on the Council setting a precedent for other tax increment districts. The City Clerk reviewed the background on Mr. Bakkens project. She said the City' s policy on tax increment financing have changed over the years. To date certain work has been completed and the property tax base has been increased so that there is an increment now being generated of approximately $14 , 500 per year. The City could treat this as a new project. Zak/Clay moved to authorize appropriate City officials to draft a developers agreement and an assessment agreement with Mr. Bakken and return to Council for further evaluation. Roll Call : Ayes: Cncl . Zak, Vierling and Clay Noes: Cncl . Wampach and Sweeney Motion carried. Zak/Clay moved to explore alternatives for disposal of the $200, 000 or any remainder thereof. Motion carried unanimously. Chairman Vierling adjourned at 8: 30 p.m. Dennis Kraft Executive Director Carol Schultz Recording Secretary MEMO TO: Dennis R. Kraft, Executive Director Shakopee HRA FROM: Barry A. Stock, Assistant City Administrator RE: Jellystone Campground Request for Financial Assistance DATE: February 26, 1990 INTRODUCTION: On February 6, 1990 the Shakopee HRA considered Mr. Wally Bakken ' s request to revive a portion of or recreate a new development agreement for the Jellystone Campground project. (Shakopee Valley Square Properties - TIF District #6) The HRA subsequently directed staff to prepare a developers agreement providing assistance in the amount of $100, 000. 00 to Mr. Bakken for improvements made in conjunction with the Jellystone Campground project. BACKGROUND: In 1986 the Shakopee HRA entered into a developers agreement with Shakopee Valley Square Properties for various improvements to the Shakopee Valley Square Properties. The originally approved agreement included a motel expansion in the amount $1 . 2 million, a restaurant with a minimum value of $440, 000 and a camping and recreation facility to be constructed with a value of $500, 000 or more. According to the developers agreement once all of these improvements were completed the HRA would then transmit $330, 000 to the developer to assist in the development of the property. In 1986 the Shakopee HRA sold $500, 000 in tax increment bonds to finance this project. On October 14 , 1987 the Shakopee HRA amended the developers agreement between the Shakopee HRA and the Shakopee Valley Square Properties. The amended agreement provided for the disbursement of $100, 000 to Mr. Bakken providing that he complete the Jellystone Park Campground by July 2, 1988 and provided that the campground would have a minimum market value of $855, 000. After several delays, the Shakopee HRA on November 15, 1988 terminated the agreement with Shakopee Valley Square Properties. When the HRA terminated Mr. Bakken's agreement in the Fall of 1988, they indicated to him that he could contact the HRA for financial assistance when and if he had his financing in order. Between the Fall of 1988 and the Fall of 1989 Mr. Bakken on two separate occasions appeared before the Shakopee HRA requesting their assistance in reactivating this tax increment project. In the same time period, the City of Shakopee formally adopted a Industrial Development Tax Increment Financing Policy. The City of Shakopee also approved a separate Commercial/Retail Development Tax Increment Finance Policy. If Mr. Bakken's development project had been submitted under today's policy guidelines, the project would have met the minimum criteria setforth in the Commercial/Retail Development Assistance Program. However, since the project is presently complete, it is • in conflict with the basic premise of tax increment financing. That is, would the project have proceeded had it not received tax increment assistance. When Mr. Bakken originally approached the City for tax increment financing in 1986, it could be said that he would not have proceeded had he not received tax increment assistance. In fact, Mr. Bakken proceeded with the project under the assumption that he would receive tax increment assistance. Now that tax increment assistance has not been offered to Mr. Bakken, the financial position of the project is in jeopardy thus supporting the original request for tax increment assistance. Shown in attachment #1 is the proposed developers agreement which would provide $100,000 in financial assistance to Mr. Bakken in consideration for the development improvements made to date. Staff has also prepared an assessment agreement (see attachment #2) which establishes a minimum assessed value for purposes of calculating real estate property taxes. The assessment agreement also waives the developers rights to appeal the assessment amount below the minimum established value. Additionally, the assessment agreement provides for the future payment taxes by the developer and subsequent property owners. Staff has contacted our bond counsel to determine if the HRA of Shakopee could release $100, 000 in bond proceeds from the original bonds to Mr. Bakken for the improvements associated with this project. In the opinion of bond counsel, the HRA does have the authority to offer $100, 000 in proceeds to Mr. Bakken from the bonds that were originally sold in conjunction with this project. The City Finance Director concurs with bond counsel 's opinion. I have contacted the Scott County Assessor to determine the estimated tax on the improvements made to the Jellystone Campground. It is estimated at this time that the campground would generate approximately $17, 000 per year in tax increment revenue with fiscal disparities paid for from the project. Prior to the improvements made by Mr. Bakken, the property generated less than $2500 in tax revenue. The original bond issue for the Shakopee Valley Square Properties Project was in the amount of $500, 000. In 1989 the City allocated approximately $167 , 000 of these bonds to the Mebco Project. Therefore, approximately $387, 000 of the bond remain in escrow at this time. The tax increment district originally created for the Shakopee Valley Motel Project is still in place. The district is a redevelopment district with a 25 year life. We are currently in the fourth year of receiving increment. Therefore, if the HRA wishes to transmit $100, 000 in bond proceeds to Mr. Bakken, it would essentially equate to 6 years of tax increment collection ($100, 000 = $17, 000 = 5.88 years) based on current market value. Staff is recommending that the HRA authorize the appropriate City officials to execute the developers agreement and assessment agreement. ALTERNATIVES: 1. Authorize the appropriate officials to execute the developers agreement and assessment agreement with Shakopee Valley Square Properties providing for $100, 000 in tax increment assistance. 2 . Deny the request for tax increment assistance. 3 . Approve a lessor amount of tax increment assistance for the Shakopee Valley Square Properties Project and direct the appropriate City officials to amend the developers agreement and assessment agreement accordingly. 4 . Table action on this issue pending further information from staff. ACTION REOUESTED: Authorize the appropriate officials to execute the developers agreement and assessment agreement with Shakopee Valley Square Properties providing for $100, 000 in tax increment assistance. ccachment = 1 DEVELOPER'S AGREEMENT Contract for private development by and between the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota and Shakopee Valley Square Properties. This agreement made and executed on or as of the day of , 1990 by and between the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota (The "Authority") , a political subdivision of the State of Minnesota organized under the constitution and laws of the State of Minnesota, and Shakopee Valley Square Properties, A Minnesota Partnership (The "Developer") . WITNESSETH: WHEREAS, The Board of Commissioners (The "Board") of the Authority has determined that there is a need for development and redevelopment within the corporate limits of the City to provide employment opportunities and, to improve the general economy of the City and the State of Minnesota; WHEREAS, The Board of the Authority has determined that the Developer has made significant improvements to the development property, has eliminated blight, has increased employment opportunities within the City and has increased the tax base of the development property; WHEREAS, The Board of Commissioners has determined that the Developer proceeded with the development improvements to the development property in good faith and with the understanding that financial assistance would be provided if the Developer constructed a campground/recreational facility; WHEREAS, The Authority believes that the fulfillment generally of the terms of this agreement are in the best interest of the authority and most of all the health, safety and welfare of the City' s residents and are in accord with the public purposes and provisions of the applicable state and local laws and requirements; NOW, THEREFORE, In consideration of the premises in the obligation of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE 1. Representations, Covenants and Warranties Section 1. 1. Representation and Warranties by the Authority. The Authority represents and warrants that: A. The Authority is a Municipal Corporation and Political Subdivision of the State organized and existing under the laws of the State. B. The Authority has the authority to enter into this agreement and carry out its obligations hereunder, subject to the same enforceability exceptions provided in Section 1.2 (A) with respect to the Developer. C. The development property is or will be included within the Authority's Minnesota River Valley Housing Rerdevelopment Project #1, as amended and as the same may be further amended hereinafter referred to as the "Redevelopment District" . D. The Authority makes no representation or warranty, either expressed or implied, as to the development property or its condition or that the development property shall be suitable for the Developers purposes or needs. E. The Authority has received no notice or communication from any local, state or federal official that the performance by the Developer or the authority under this agreement may or will be in violation of any local, state of federal law or regulation. Section 1.2 Representations, Covenants and Warranties by the Developers. The Developer represents and warrants that : A. The Developer is a Minnesota Partnership and has full power and authority to enter into this agreement and the performance obligations hereunder and has taken or caused to be taken all actions necessary to make such agreements when executed and delivered by the parties, the valid and binding agreements of the Developer, enforceable in accordance with there respective terms, except to the extent such enforceability may be limited by equitable principals and by laws effecting remedies and by bankruptcy, moratorium and insolvency laws and laws effecting creditors rights, heretofore and hereafter enacted. B. The Developer has received no notice or communication from any local, state or federal official that the execution of this agreement or the performance by the Developer or the authority under this agreement is, maybe or will be in violation with any local, state or federal law or regulation. C. Neither the execution and delivery of this agreement and the consummation of the transactions contemplated hereby nor the fulfillment of or compliance of the terms and conditions of this agreement is prevented or limited by or in conflict with or will result in a breach of the terms, conditions or provisions of any evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it or its properties bound or will constitute a default under any of the foregoing. D. The Developer release from any covenants and agrees that the Authority and the members of the board and the officers, agents, servants and employees thereof (hereinafter, persons of this Subsection D. "Indemnified Parties") shall not be liable for and agrees to indemnify and hold harmless the indemnified parties against any laws or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the development property. Except for any willful misrepresentation or any willful or wanton misconduct of the indemnified parties, the Developers agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold these indemnified parties harmless from any claim, demand, suit, action or other proceedings what-so-ever by any person or entity what-so-ever arising or reportedly arising (1) from this agreement (except with respect to any suit, action, demand, or other proceedings brought by the Developer against the authority to enforce the Developers rights under this agreement) or (2) the transactions contemplated hereby or the acquisition, construction, instalation, ownership, and operation of the project. The indemnified party shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be about the project due to any act of negligence of any person. The Developer acknowledges and agrees that all covenants, stipulations, promises, agreements and obligations of the authority contained herein shall be deemed the covenants, stipulations, promises, agreements and obligations of the authority and not of any member of the board or of any official , agents, servants or employee in the individual capacity thereof. ARTICLE 2 Improvement Assistance Section 2 . 1. Assistance for Site Acquisition and Improvement Costs . The Developer shall have acquired all of the development property. The Developer shall complete the campground/recreational facility including approximately 130 pads for vehicles and approximately 5940 sq foot building which shall include restrooms/shower, store, swimming pool and meeting room facility. In consideration for said improvements, the authority shall pay to the Developer the sum of $100, 000 which shall constitute a reimbursement and write down of the costs of the development property and the said improvements. ARTICLE 3 Assessment Agreement Section 3 . 1. Execution of Assessment Agreement. At the time of execution and delivery of this agreement, or at the time at which the Developer shall have acquired the development property and completed the development improvements, the Developer shall enter into the assessment agreement with the authority, pursuant to the provisions of Minnesota Statutes, Section 273 .76, Subdivision 8 , specifying the Assessors minimum market value which will be established with respect to the assessed property for calculation of real estate taxes. Specifically, the Developer shall agree that the Assessors minimum market values of the assessed property, beginning January 2 , 1990, and thereafter shall not be less than the amount or respective amounts setforth in the attached form of Assessment Agreement. Nothing in said Assessment Agreement shall limit the discretion of the Assessor to assign market values in excess of such Assessors minimum market values or prohibit the Developer from seeking thorough the exercise of legal or administrative remedies a reduction in such market values for property tax purposes, provided however, the Developer shall not seek a reduction in such market values below such Assessors minimum market values in any year so long as the Assessment Agreement shall remain in effect. The Assessment Agreement shall remain in effect thorough December 31, 1995 (The "Termination Date") , to the effect that the 1995 payable 1996 property taxes shall be the last taxes subject thereto. Pursuant to Minnesota Statutes, Section 273 .76, Subdivision 8, the Assessment Agreement shall be filed for record in the office the County Recorder or Register of Titles of Scott County, Minnesota, and such filings shall constitute notice of any subsequent encumbrancere or purchaser of the development property, whether voluntary or involuntary, and such Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer. ARTICLE 4 . Additional Provisions Section 4 . 1 Termination of this Agreement. This agreement shall terminate on December 31, 1995. IN WITNESS WHEREOF, the authority has caused this agreement to be duly executed in its name and behalf by its duly authorized representative, and the Developer has caused this agreement to be duly executed in its name and behalf by its duly authorized representatives on or as of the date first above written. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA BY Chairman AND Executive Director Attachment #2 ASSESSMENT AGREEMENT and ASSESSOR'S CERTIFICATION By and between THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA and SHAKOPEE VALLEY SQUARE PROPERTIES THIS AGREEMENT, dated as of this day of 1990, by and between the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, a municipal corporation and political subdivision of the State of Minnesota organized and existing under the Constitution and laws of the State of Minnesota (the "Authority") , and Shakopee Valley Square Properties, a Minnesota partnership (the "Developer") ; WITNESSETH, that WHEREAS, on or before the date hereof the Authority and the Developer have entered into a Contract for Private Development dated as of , 1990, regarding certain real property located in the Authority' s Minnesota River Valley Housing and Redevelopment Project No. 1, pursuant to which the Developer is to acquire certain property, hereinafter referred to as the Development Property and legally described in Attachment A hereto; and WHEREAS, it is contemplated that pursuant to said Development Agreement the Developer will construct on the Development Property certain improvements; and WHEREAS, the Authority and the Developer desire to establish minimum market values for the Development Property and the improvements to be constructed thereon pursuant to the Development Agreement (as such Development Property and such improvements may exist from time to time, the "Assessed Property") , for the calculation of real property taxes, or taxes in lieu thereof pursuant to Minnesota Statutes, Section 272 . 01, or any successor statute, pursuant to the provisions of Minnesota Statutes, Section 273 .76, Subdivision 8: NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. The minimum market values which shall be established for the Assessed Property as of January 2 of the following years shall not be less than the following amounts, respectively: Year Amounts 1990 and thereafter $392 , 000 2 . This Agreement shall terminate if the Development Agreement is terminated pursuant to Section 6. 5 thereof. 3 . The minimum market values herein established shall be of no further force and effect and this Agreement shall terminate on December 31, 1995, to the effect that the 1995 payable 1996 property taxes shall be the last taxes subject to this Agreement. i7 4 . Nothing in this Assessment Agreement (a) shall limit the discretion of the Assessor for Scott County to assign market values to the Assessed Property in excess of the minimum market values sat out in paragraph 1 of this Agreement or (b) prohibit the Developer from seeking through the exercise of legal or administrative remedies a reduction in such market values for property tax purposes; provided, however, that the Developer shall not seek a reduction of the market values of the Assessed Property below the minimum market values set out in paragraph 1 of this Agreement so long as this Agreement shall remain in effect. 5. Neither the preambles nor provisions of this Agreement are intended to, nor shall they be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. HOUSING REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA By Chairman By Executive Director SHAKOPEE VALLEY SQUARE PROPERTIES By Its And Its STATE OF MINNESOTA) SS COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 1990, by and , the Chairman and Executive Director, respectively, of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, on behalf of said Authority. Notary Public i7 I ATTACHMENT A TO ASSESSMENT AGREEMENT ( Development Property ) The Development Property is located in the City of Shakopee, County of Scott , State of Minnescta , and is le^ally described as follows : Lot 1 , Block 1 , Halo Second Addition, according to the recorded plat thereof , Scott County, Minnesota . That part of Lots 2 and 3 , Block 1 , Halo Second Addition , according to the recorded plat thereof , Scott County, Minnesota described as follows : Beginning at the northwest corner of said Lot 2 ; thence northeasterly along the northerly line of said Lot 2 and 3 a distance of 198 . 00 feet ; thence southeasterly parallel with the easterly line of said Lot 2 to the southerly line of said Lot 3 ; thence southwesterly along said southerly line a distance of 150 . 00 feet ; thence deflecting at an angle of 48 degrees 54 minutes to the right to the westerly line of said Lot 2 ; thence northerly along said westerly line to the point of beginning . That part of Lot 3 , Block 1 , Halo Second Addition, according to the recorded plat thereof , Scott County, Minnesota, lying easterly of the following described line: Commencing at the southeast corner of said Lot 3 ; thence southwesterly along the southerly line of said Lot 3 a distance of 150 . 00 feet to the point of beginning of the lin tc be described ; thence northwesterly at right angles a distance of 150 . 00 feet to the northerly line of said Lot 3 and there terminating . That part of Lot 2 , Block 1 , Halo Second Addition, according to the recorded plat thereof , Scott County, Minnesota, lying southwesterly of the following described line : Commencing at the southeast corner of said Lot 2 ; thence southwesterly along the southerly line of said Lot 2 a distance of 126 . 00 feet to the point of beginning of the line to be described ; thence deflecting at an angle of 48 degrees 54 minutes to the right to the westerly line of said Lot 2 and there terminating. Lot 4 , Block 1 , Halo Second Addition, according to the recorded plat thereof , Scott County, Minnesota . Together with that part of Government Lots 4 and 5 , Section 6 , Township 115 , Range 22 , Scott County, Minnesota , described as f;l lo...s . Beginning at the northeast corner of Lot 4 , Block 1 , Halo Second Addition, according to the recorded plat thereof , Scott County , Minnesota ; thence southeasterly along the easterly line of said Lot 4 to a point 310 . 00 feet north- westerly of the north right of way line of First Street and parallel with Naumkaeg Street ; thence North 79 degrees 17 minutes 51 seconds East parallel with said First Street to a line 73 . 00 feet westerly of and parallel with the east line of said Government Lot 5 ; thence North 0 degrees 10 minutes 51 seconds East parallel with said east line a distance of 63 . 30 feet ; thence North 71 degrees 57 minutes 51 seconds East to the east line of said Government Lot 5 ; thence North 0 degrees 10 minutes 51 seconds East along said east line to the waters edge of the Minnesota River ; thence westerly along said waters edge to the intersection with a line described as follows : Commencing at a point on the east line of previously men- tioned Naumkaeg Street 889 . 00 feet northerly of the southwest corner of Block 31 , East Shakopee, Minnesota , according to the recorded plat thereof ; thence North 79 degrees 17 minutes 51 seconds East, parallel with the previously mentioned First Street 601 . 20 feet to the point of beginning of the line to be described ; thence North 11 degrees 03 minutes 07 seconds West, parallel with said Naumkaeg Street to the waters edge of said Minnesota River and there terminating . Thence South 11 degrees 03 minutes 07 seconds East along the last described line to the point of beginning of said line ; thence South 51 degrees 41 minutes 07 seconds East to the intersection with a line 100 . 00 feet westerly of and parallel with the east line of said Government Lot 4 ; thence South 0 degrees 04 minutes 06 seconds West alone said parallel line to the northwest corner of Halo First Addition , according to the recorded plat thereof ; thence South 68 degrees 20 minutes 48 seconds East along the northeasterly line of said Halo First Addition to the intersection with a line described as follows : Com7._-ncing at the northeast corner of said Lot 4 , Block 1 , Halo Second Addition ; thence South 79 degrees 17 minutes 51 seconds West along the northerly line of said Lot 4 a distance of 366 . 35 feet ; thence North 9 degrees 36 minutes 05 seconds West a distance of 241 . 75 feet ; thence South 81 degrees 45 minutes 03 seconds West a distance of 365 . 00 feet to the point of beginning of the line to be described ; thence South 6 degrees 35 minutes 19 seconds West to the northeasterly line of said Halo First Addition and there terminating . B - 8 Thence North 6 degrees 35 minutes 19 seconds East along the last described line to the point of beginning of said line ; thence North 81 degrees 45 minutes 03 seconds East a distance of 365 . 00 feet ; thence South 9 degrees 36 minutes 05 seconds East to the northerly line of said Lot 4 , Block 1 , Halo Second Addition; thence easterly along said northerly line to the point of beginning . Together with that part of Outlot A, Halo First Addition , according to the recorded plat thereof, Scott County, Minnesota , lying easterly of the following described line : Commencing at the east corner of said Outlot A; thence westerly along the southerly line of said Outlot A a distance of 66 . 00 feet to the point of beginning of the line to be described ; thence northwesterly to a point on the northeasterly line of said Outlot A lying 120 feet (as measured along the northeasterly line of said Outlot A ) northwesterly of the east corner of said Outlot A. Commencing at the northeast corner of Lot 4 , Block 1 , Halo Second Addition, according to the recorded plat thereof, Scott County , Minnesota ; thence southwesterly along the northerly line of said Lot 4 a distance of 366 . 35 feet to the point of beginning of the land to be described ; thence North 9 degrees 36 minutes 05 seconds West a distance of 241 . 75 feet ; thence South 81 degrees 45 minutes 03 seconds West a distance of 365 . 00 feet ; thence South 6 degrees 35 minutes 19 seconds West to the northeasterly line of Outlot A, Halo First Addition according to the recorded plat thereof , Scott County, Minnesota ; thence southeasterly along said northeasterly line to the east corner of said Outlot A ; thence northeasterly along the northerly line of said Lot 4 to the point of beginning . Except that part of said Government Lot 5 , described as follows : Commencing at the northeast corner of said Let 4 , Block 1 , Halo Second Addition ; thence southwesterly along the northerly line of said Lot 4 a distance of 421 . 40 feet to the point of beginning of the land to be described ; thence North 10 degrees 39 minutes 24 seconds West a distance of 189 . 87 feet ; thence South 79 degrees 17 minutes 35 seconds West a distance of 117 . 28 feet ; thence South 10 degrees 33 minutes 02 seconds East a distance of 177 . 60 feet ; thence South 18 degrees 56 minutes 02 seconds West to the northerly line of said Lot 4 ; thence northeasterly along said northerly line to the point of beginning. 0 3 ATTACHMENT B TO ASSESSMENT AGREEMENT Minnesota Statutes , Section 273 .76, Subdivision 8: An authority may, upon entering into a development or redevelopment agreement pursuant to section 273 .75, subdivi- sion 5, enter into a written assessment agreement in record- able form with the developer or redeveloper of property within the tax increment financing district which estab- lishes a minimum market value of the land and completed improvements to be constructed thereon until a specified termination date, which date shall be not later than the date upon which tax increment will no longer be remitted to the authority pursuant to section 273 . 75, subdivision 1 . The assessment agreement shall be presented to the county assessor , or city assessor having the powers of the county assessor , of the jurisdiction in which the tax increment financing district is located. The assessor shall review the plans and specifications for the improvements to be con- structed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assess- ment agreement appears, in the judgment of the assessor , to be a reasonable estimate, shall execute the following certi- fication upon such agreement : The undersigned assessor , being legally responsible for the assessment of the above described property upon completion of the improvements to be constructed thereon, hereby certifies that the market value assigned to such land and improvements upon completion shall not be less than $ Upon transfer of title of the land to be developed or redeveloped from the authority to the developer or redevel- oper, such assessment agreement, together with a copy of this subdivision, shall be filed for record and recorded in the office of the county recorder or filed in the office of the registrar of titles of the county where the real estate or any part thereof is situated. Upon completion of the improvements by the developer or redeveloper , the assessor shall value the property pursuant to section 273 . 11 , except that the market value assigned thereto shall not be less than the minimum market value contained in the assessment agreement . Nothing herein shall limit the discretion of the assessor to assign a market value to the property in excess of the minimum market value contained in the assessment agreement nor prohibit the developer or redeveloper from seeking, through the exercise of administrative and legal remedies, a reduction in market value for property tax pur- poses ; provided, however , that the developer or redeveloper ? _0 shall not seek , nor shall the city assessor , the county assessor , the county auditor, any board of review, any board of equalization, the commissioner of revenue or any court of this state grant a reduction of the market value below the minimum market value contained in the assessment agreement during the term of the agreement filed of record regardless of actual market values which may result from incomplete construction of improvements, destruction or diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition of the property by a public entity. Recording or filing of an assessment agreement complying with the terms of this subdivision shall consti- tute notice of the agreement to any subsequent purchaser or encumbrancer of the land or any part thereof, whether volun- tary or involuntary, and shall be binding upon them. 3 - 11 3 CERTIFICATION BY SCOTT COUNTY ASSESSOR The undersigned, having reviewed a certain Assessment Agreement between the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, and Shakopee Valley Square Properties, a Minnesota partnership (the "Assessment Agreement") , and being of the opinion that the minimum market values contained in the Assessment Agreement appear reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the above described property, hereby certifies that the market values assigned to such land and facilities thereon shall, as of January 2, 1990, not be less than $392, 000 (until such time as the Assessment Agreement shall be its terms terminate) . Assessor for Scott County, Minnesota Dated: , 1990. TO: Dennis R. Kraft, City Administrator/HRA Director FROM: Gregg Voxland, Finance Director RE: 1986A GO TIF Bond Proceeds DATE: February 28, 1990 Introduction There is about $387,000 remaining from the sale of the 1986A GO TIF bonds. The bonds were originally sold in support of the Shakopee Valley Motel/Campground expansion. Much discussion has occurred regarding the status and use of the remaining bond proceeds. At the direction of the HRA/City Council, staff has prepared the following recommendation. Background There is about $387,000 remaining in the capital projects fund from the sale of the 1986A GO TIF bonds. Originally the bonds were sold in support of the Shakopee Valley Motel/Campground expansion and the improvement of Bluff Ave. Part of the proceeds were used on the MEBCO project. The bond issue was for $500,000 and there is currently $500,000 still outstanding. The bonds were issued over three years ago and I would request that the disposition of the remaining balance of the bond proceeds be decided and that this particular capital projects fund be closed out. Alternatives 1. Use proceeds for a TIF capital project such as the Bakken project, Bluff Ave. project, or for another project such as the upper valley drainageway. 2. Transfer balance to the debt service fund for the bond issue. Recommendation My recommendation is to decide how much support the Shakopee Valley Motel project will receive (if any) and the Bluff Ave. project will get and then direct the remaining balance of the bond proceeds be transferred to the debt service fund for the bonds. Action Requested Move to transfer the remaining balance [after payment of $ to the Shakopee Valley Motel project and/or Bluff Ave. ] of the 1986A GO TIF Capital Projects Fund to the 1986A GO TIF Debt Service Fund. MEMO TO: Dennis R. Kraft, Executive Director, Shakcpee HRA FROM: Barry A. Stock, Assistant City Administrator RE: 5th Avenue Project Request for Proposals DATE: February 27, 1990 INTRODUCTION: On February 6, 1990 the Shakopee HRA reviewed the sole proposal that was submitted for the 5th Avenue development project. At that time, the HRA moved to table action on the proposal pending further information from staff. BACKGROUND: Late last fall the City of Shakopee solicited proposals from developers to determine if there was interest in developing property adjacent to the proposed 5th Avenue street improvement project. It was felt at that time that if a developer could be found to acquire the property adjacent to 5th Avenue, the City would be able to assess the entire cost of the street improvement project. One proposal was submitted in response to the City's request for proposal notice. The proposal was submitted by Mr. Clete Link in cooperation with Jane DuBois and Steve Hentges. The developer proposed to construct 40 single family units (average value $80, 000) and 25 single family units (average value $70, 000) . Additionally, the developer proposed to construct 41 senior townhomes (average value $65, 000) . In exchange for developing the property, the developer requested the City to acquire all property within the development project area and offer it to the developer for $12 , 500 per acre. Additionally, it would be the developers responsibility to design and construct all necessary public improvements associated with the proposed development. At our last meeting staff outlined the cost implications for the proposed development project. The preliminary analysis revealed that the net cost to the City would be approximately $215, 300 . 00 . With the new tax base that would be generated as a result of this project, the pay back period for the City worked out to be approximately 22 years. In response to some of the concerns raised by the Commissioners, staff met with the developer to determine if the pay back period for the City could be reduced. The developer agreed that an alternative would be to scale the project size down to the property located East of Market Street. (Option Area B - Attachment #1) Within this development area the developer proposed to construct 41 senior townhomes and 35 senior single family units. Shown in attachment #2 is a financial analysis of the scaled down development proposal. Staff completed the analysis in a best case and worst case scenario. In either case, the minimum ply back period to the City given the development parameters as proposed is approximately 14 years. Under the best case approach, the minimum allocation from the HRA reserve fund would be approximately $134, 000. There is approximately $215, 000 in the fund at this time. Since our last meeting staff attempted to determine if there were any other funding sources available for this project. The only other alternative would be to pursue tax increment financing for the project. It appears that this prcject would meet the "but for" test for tax increment financing. The development site is blighted in terns of the amount of bedrock present at the site. The soil conditions will likely impede the development of the property thus justifying the need for tax increment assistance. The City of Shakopee does not have a residential tax increment assistance policy in place at this time. Staff is not recommending that the HRA reserve fund be used as a source of funds for this development. However, staff does believe that it would be in the best interest of the City to develop a residential development incentive program utilizing tax increment financing. Staff would like to recommend that the HRA direct the Community Development Commission and the appropriate City officials to prepare a residential development assistance program for the HRA' s consideration. Staff would also recommend that Mr. Links development proposal be rejected. ALTERNATIVES: 1. Reject Mr. Links original and scaled down development proposal for the 5th Avenue Project. 2 . Table action on the development proposal pending further information from staff. 3 . Approve Mr. Links scaled down development proposal for the 5th Avenue Project. 4 . Direct the Community Development Commission and the appropriate City officials to prepare a residential development incentive policy for the HRA's consideration. STAFF RECOMMENDATION: Staff recommends alternative #1 and #4 . ACTION REOUESTED: 1. Move to approve Mr. Links development proposal for the 5th Avenue Project. (Motion made in the affirmative and vote nay) 2 . Move to direct the Community Development Commission and appropriate City officials to prepare a residential development incentive policy for the HRA's consideration. tir.ttach Hent = / -�— - s -._ - •- h I F = CURE #$ 3 r' / b- ; %.,.-__________., L .. : . .. -0 ...._, ,__ ------ 0 t 4,1t........] ,0 ! I t ,-*': 0 1 i 1.. ... 1 1 \ . • 1.1-1: ):10 . elnimm.....emese.a.• 111111 1 t'. ' 1 1 k- 21 WI rnr M _ MA 'KE 7 '��i - I.1 gli galg .11111 '11 1% _1M MI a V •1011111 P I es' , 5_.] r - _.1 I ( 1 . 1 - Mill I. , • O _ 1 i_ t i • i . . 4- I I M til , i sonioLes.wmakm....• \ ..... 1 m. i _ ; i 1 S J .9 WIl ?'a ,� Z - _ �� _ /. G • . 2 • / ?'/, I rte+ .1) .: . ,� 1 1 b • / ri 1 +^ , • 1S-.„ Attachment #2 5th AVENUE PROJECT PROPERTY EAST OF MARKET ST. OPTION AREA B. A. Expenses Worst Case Best Case 1. Appraisal Fees $ 5, 000. 00 $ 3 , 000. 00 2. Property Acquisition Vacant Parcels (5.18 ac) 72, 520. 00 64, 750. 00 Occupied Parcels (1. 62 ac) 150, 000. 00 140, 000 . 00 Shakopee HRA (1. 65 ac) --- 3 . Admin/Legal/Engineering (5%) 11, 376. 00 10, 387 . 50 4 . Contingency (10%) 23 , 889 . 00 21, 813 . 75 5. Total $262,782 .30 $239,951.25 B. Revenues 1. Land Acquisition (8.45 ac. ) 105, 625. 00 105, 625. 00 2. Bldg. Permit Fees ($250 unit) 21, 500. 00 21, 500. 00 3 . Park Dedication Fees($200 unit) 17 , 200. 00 17 , 200 . 00 4. Total $144,325.00 $144,325. 00 C. Net Cost to City 118,457 . 30 95, 626 . 25 D. Needed Allocation from HRA Reserve Fund (A5 - B1) 157, 157 . 30 134 , 326 . 25 E. Present Net Taxes Being Generated 3 , 249 . 24 3 , 249 . 24 F. Amt. Payable to City (approx. 12%) 389.91 389 . 91 G. Est. New Net Taxes Generated 43 , 000. 00 55, 900 . 00 H. Amt. Payable to City (approx. 12%) 5, 160. 00 6, 708 . 00 Payback Period (C i H) 22 . 95 14 . 25 (;) MEMO TO: Dennis R. Kraft, Executive Director Shakopee HRA FROM: Barry A. Stock, Assistant City Administrator RE: Rehab Grant Program DATE: February 26, 1990 INTRODUCTION: Since the fall of 1989, the Downtown Committee in conjunction with the Community Development Commission have been working on developing a program which would provide rehabilitation incentives to property owners within the B-3 zone. The purpose of the proposed program is to encourage the preservation and beautification of our downtown area. The Downtown Committee and Community Development Commission are recommending HRA approval of the Rehab Grant Program and policies. (See attachment) BACKGROUND: In 1989 several rehabilitation programs were presented to the Shakopee HRA for consideration in regard to facilitating the improvement of the downtown business district. In the past, the City of Shakopee has adopted a commercial/retail interest reduction program. However, the program was unsuccessful because it did not provide enough financial incentive to offset the red tape involved with the application processing. A revolving loan program was also considered by the HRA in 1989 and was subsequently denied for similar reasons. The Downtown Committee and CDC believe that in order for an assistance program to be successful, it must be simple in its approach and cost effective for the participants. With these two points in mind, the Downtown Committee and CDC are proposing that the HRA adopt the Rehab Grant Program and policies. The proposed program as designed would require an allocation of $50, 000 from the HRA reserve fund. Under the program guidelines, grant funds would be disbursed to eligible applicants at a ratio of 25% grant money to 75% owner or merchant financing. Grant amounts would range from $500. 00 to $25, 000. 00. All grants would be awarded to approved applicants based on a preestablished ranking and scoring system. Grants would be reviewed by a review team consisting of one member of the Downtown Committee, one member of the Community Development Commission, one member of City Council, one member of the Housing and Redevelopment Authority and one member from staff. The review team would rank the proposals and make a final recommendation regarding funding to the Shakopee Housing and Redevelopment Authority. The complete review process would take approximately three weeks. Grant proceeds would be used for the rehabilitation of exterior building elements. (Repairs to the building's facade, signage, canopies and windows. ) The rehabilitation of residential units shall not be allowed under the program. Grants shall also not be made for the acquisition of property. Under the proposed guidelines the applicant must retain ownership or operation of the building for five years from the date of grant disbursement. If a sale occurs prior to the five year period or if the primary first floor use is converted to a residential use, the HRA would have to be repaid by the owner, or by the tenant manager through the owner on a 20% amortization schedule basis. (For example, if the property is sold three years from the date of the grant disbursement, the owner would be responsible for paying back 40% of the grant amount. ) Successful grant applicants receiving $2 , 500. 00 or more of grant proceeds must post a performance bond, letter of credit or establish an escrow account with the HRA in the amount equal to the grant allocation. Said financial security shall remain on file with the City until such time that the building is sold and/or the amortized grant amount is repaid to the HRA or until the five year commitment period is complete, whichever comes first. At this time, staff is only requesting funds for a one year demonstration period. If the program is successful and meets program objectives, the HRA would have the opportunity to consider continued funding in 1991. The Downtown Committee and Community Development Commission are recommending that the HRA approve the Rehab Grant Program and policies and allocate $50, 000. 00 from the HRA reserve fund to implement the program in 1990. ALTERNATIVES: 1. Approve the Rehab Grant Program and policies and allocate $50, 000. 00 from the HRA reserve fund to implement the program in 1990. 2 . Do not approve the Rehab Grant Program and policies. 3 . Approve the Rehab Grant Program and policies and provide a different level of funding assistance to implement the program in 1990. 4 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to approve the Rehab Grant Program and policies and allocate $50, 000. 00 from the HRA reserve fund to implement the program in 1990. Attachment #1 Rehabilitation Grant Program Program Guidelines Program Intent The Rehabilitation Grant Program created by the City of Shakopee and Housing and Redevelopment Authority (HRA) for the Downtown Business District is intended to encourage the preservation and beautification of our downtown buildings by enhancing their original character in order to create a more attractive, inviting downtown shopping environment. The HRA will initially dedicate $50, 000 from the HRA reserve fund to match private building owner or merchant financing at a ratio of 25% grant money to 75% owner or merchant financing in grant amounts ranging from $500. 00 to $25, 000. 00. The grants will be awarded to approved applicants based on an pre-established ranking and scoring system. A. Eligible Applicants Any owner or tenant manager (with written consent of the owner) of a downtown commercial building. Shown in exhibit A is a map of the Downtown Central Business District. (B-3 zoning district) B. Eligible Projects 1. Grants will be awarded under the Program for the rehabilitation of commercial buildings. A commercial building shall be any building the primary ground floor function of which is retail, service or office use. 2 . To be eligible, the building to be rehabilitated: a. Must be located within the B-3 zoning district; b. Must comply, after rehabilitation with the City's Comprehensive Plan. c. Must comply, after rehabilitation with the City's exterior building and sign design standards. C. Eligible Expenditures and Improvements 1. Rehabilitation grants shall not include expenditures for the acquisition, installation or repair of furnishings or trade fixtures. 2 . Eligible improvements shall include only those relating to the exterior portion of a commercial building. (Including repairs to the building's facade, signage, canopies and windows. ) All work done must meet City Code. 3 . Grant proceeds shall be used for the rehabilitation of existing buildings and shall not be used for the construction of new facilities. However, construction of reasonable additions to existing buildings which, together with other rehabilitation improvements, will enhance the commercial use of the building shall constitute qualifying rehabilitation expenses. 4 . The rehabilitation of residential units shall not be allowed under the program. 5. Refinancing of existing debt shall not be allowed under the program. 6. Construction materials, labor (but not owner, applicant or employee labor) architect or engineer fees, building permit and program application fees are eligible program expenses. 7 . Grants shall not be made for the acquisition of property. D. Grant Requirements and Restrictions 1. The grant minimum amount shall be $500. 00 and the maximum grant amount shall not exceed $25, 000. 00. 2 . The grant applicant must provide evidence of financing 75% of the eligible project cost. 3 . A completed application shall be submitted to the City prior to the grant deadline. (The application form is attached as exhibit B. ) 4 . The applicant must retain ownership or operation of the building for five years from the date of funds disbursed. If a sale occurs before 5 years are up or if the primary first floor use is converted to a residential use, the City would have to be repaid by the owner, or by the tenant manager through the owner (if the tenant was the applicant) on a 20% amortization schedule. (For example, if the property is sold three years from the date of grant disbursement, the owner would be responsible for paying back 40% of the grant amount. ) 5. Preliminary sketches or pictures illustrating work to be done and specifications shall be submitted with the grant application. Completed architectural drawings (if requested by the City) may be required of the applicant. 6. If an application is approved, the City will notify the applicant so he/she can arrange for loan closing if applicable) with a financial institution. A copy of closing documents shall be provided to the City. 7 . If an application is denied, the City shall state reasons for denial in writing. If funds are available in the funding cycle, the applicant may resubmit the application with changes. 8. Grant proceeds will be disbursed to approved applicants when the following has occurred: a. The work has been inspected and approved by the local building official. b. When the applicant has submitted receipts verifying that said applicant has paid 75% of the project costs. c. When the applicant has submitted an invoice to the City for the remaining 25% of project costs. The City then pays the contractor, architect or engineer directly for the remaining costs. 9. The building improvements must be consistent with the Downtown Building Design Standards. 10. Applicants receiving $2, 500. 00 or more of grant proceeds must post a performance bond or establish an escrow account with the City in an amount equal to the grant allocation. Said bond or escrow account shall remain on file with the City until such time that the building is sold and amortized grant amount is repaid to the City or until the five year commitment period is complete whichever comes first. 11. The grant funding cycle will take place on an annual basis. All grant applications shall be submitted to the City on or before . The Review Team shall meet on or before day of to evaluate and rank the applications for funding. The Shakopee Housing and Redevelopment Authority shall meet in to approve and announce the successful grant applicants. If all dedicated grant proceeds are not allocated, a second funding cycle may be announced. 12 . Successful grant applicants must complete their project within 12 months of formal notification of grant award. Projects exceeding the 12 month completion period will forfeit the City's grant commitment. 13 . Successful grant applicants must enter into a grant agreement with the City. E. Grant Review Criteria and Ranking 1. Ability of project to improve the exterior facade of the structure while maintaining the historical integrity and character of the building. (Maximum 15 points) 2 . Plans for securing 75% required applicant match. (Maximum 15 points) 3 . Reasonableness of the budget for the proposed project. (Maximum 15 points) 4. Demonstrated long term commitment to the project. (Maximum 10 points) 5. Consistency of the project with the goals and objectives set forth in the Downtown Revitalization Plan and Comprehensive Plan. (Maximum 15 points) 6. Completeness of the application. (Maximum 5 points) 7. Appropriateness of the proposed improvements in relation to the Downtown Building Design and Sign Standards. (Maximum 15 points) 8. Demonstrated experience and ability of the applicant to successfully complete the proposed project. (Maximum 10 pints) Total potential points are 100. To receive a recommendation for funding a score of 75 must be received through the process as outlined below. Obtaining the minimum score does not guarantee funding. All applications will be reviewed by a Review Team consisting of one member of the Downtown Committee, one member of the Community Development Commission, one member of the City Council, one member of the Housing and Redevelopment Authority and one member from staff. The Review Team will meet on the date specified in the guidelines. City staff will provide a summary sheet for each application to the Review Team. The Review Team will rank the proposals and make recommendations regarding funding to the Shakopee Housing and Redevelopment Authority. The review process will take approximately three weeks. All applicants will be notified in writing of their ranking status following final action of the Housing and Redevelopment Authority. Exhibit A - B-3 Zoning District 6 0 1 . . •az/(7. .,,,,i,...,i • , • •••.-,/.....: ..•:-:: b . .5 :,-.:,,,,,:,-! k . (f) = K OM i -.\ n c 3„,„0 •tft " afrri.4. • i --G5 i t MI I al - :::• -::::.::::'4'1 -* - 0 n x rr 1 0 r m (/' Li , . i , ,.. ,11 I, I , _ ----, .—-.-,-.4! • .-— .. [ 4.4> JF FT r-7--- v----. ,‘ , • n' I i I- - 1-----cla c..;... 1, - • r-- ._ • ] [ ,1 • I' il . 1 . , --_.... • 1 i ] =I __,° ,• F . I i = RIZ L...L....J --1 ______ Li ........• . —5 • r........ .., 1 vc."...r.onesro 0 1 4 :.; •::::i:!: •::' :i:. .--LL,12_...1 ' :: •: .;4:IT:44.11 ::: EiE -I ' ri: :.... .,!:.:f.*:*:e....:::•• . 4- i ' 5 ... •- i :.•:: ' :: ::. A., r, :•• 4. • ,3",:` '11•.' 7 ZINOMI : Zig Pei , i , , „., rsa rli 1 : c----"'-'il _lc 4.0...• ! e. , : , _ ] (A i C23": m PL : s Hg ° 0 p. i r- '- "77, 0, , ."‘"Ilk MI II A mEr a r _LE '' 1 air i z sazi 1 •1 r- r- , f. c 1 , ^ :', c I , !.; Zig ,. 1r . s ' all al L....I1 ... ^ cu co , r 1. i-'77---:-. MIME • Ali ' ' ME s . 0 ;0 CI rri/III 2:1. 1,.. - n , ' o '.1 g r-----1 , s , -5 '1 isuct . f, c Milli • ' _...z , , am h1 , s NM -1----‘a-: ,.:. , _ NE111911ME" ...::.ii -. /A - :•,:,-,Aios•- , . 4 - , 1 , C, . , i 1 L 0 S ,. '''M -1 1 • . Ns • x '..-- 1 i , . r <„ I i • c . • '' ; c , ‘ I ' ' • ______' ',....._.; . , ,...........„....., , - - „ , r---- ..,-1 t .:_. ...1 7-1 r---7_ Tr- 7 E7 ,,Z7—i r:7-711 i,7_77:1 i .F77. .11.1.._ _i ,—, 1 1 . , L. £5 V Atm I I,Z 1 I I I It AM ' 11.111111111 'r i All ____ 1 , 1 1 I f C ' ' AEI NE , c MI ZIN ...' __, . - ...._..... ill 4,---7,- ..., in ...„ i // ):______1 l °I 1 1 :IS • . if) I 1 t i , V I ' / _._ _ • - -- - --- - - - - - __ Exhibit B CITY OF SHAKOPEE, MINNESOTA DATE REHAB GRANT APPLICATION FEE (1% of grant amount) GENERAL INFORMATION 1. Applicant (Name) (Address) (Phone #) 2 . Property Owner: (Name) (Address) (Phone #) 3 . Site: (Business Name) (Address) PROJECT DESCRIPTION 1. The rehabilitation will include (check as many as apply) : Cleaning of building. Painting of building. Work on the facade, such as mortar repair, restoration or replacement of architectural features, etc. Facade work will include: Front facade Rear facade Both Work on the entryway, to include: Front entry Rear entry Both Work on display windows and/or window display areas. Signage changes. Awnings installation or renovation. Awning will be: Retractable Stationary Reinforcement of structural stability of roof, walls, floors, or ceiling. Please explain: Other, Please describe: 2 . Please indicate the contractor(s) who will be doing the work: Please attach: Copy of specifications, plans or drawings for the work, including cost quotes for materials, labor, architectural fees, building permits, etc. FINANCIAL INFORMATION 1. Estimated project cost: $ a. Amount allocated to interior improvements, e.g. structural work on roof, walls, floor, etc. : $ b. Amount allocated to exterior improvements, e.g. facade improvements, signage, canopies, windows, etc. : 2 . Grant amount applying for: $ (25% of total exterior project cost) 3 . How will the balance of the project cost be paid? Loan My own money Please attach: Copy of letter from lender committing to loan, indicating loan amount, term of loan, and interest rate. If an applicant is not pursuing a loan for his/her 75% commitment, please attach documentation verifying the applicant's ability to pay his/her 75% share. Appropriate documentation may include evidence of savings account balance, certificates of deposits, financial statements, etc. I hereby affirm that all information above is true and correct to the best of my knowledge. I have read and agree to abide by the City of Shakopee Rehab Grant Program Guidelines and the Program's Design Guidelines. Signature Date Please have the following statements completed as appropriate. BUILDING OFFICIAL REVIEW I, , City Building Official, have inspected the property mentioned in this application and have found it to be structurally sound. I have reviewed this application and believe that the building's structural stability warrants the investment proposed in this application. Signature Date BUILDING OWNER CONSENT (If owner is not applicant) I, , Owner of the property mentioned in this application, have reviewed the proposed project with the Applicant and consent to have the work done as proposed. Signature Date Rehab Grant Program Policies Policy #1 - Cost Over-runs Cost over-runs in excess of the Original approved grant amount shall be the responsibility of the applicant. Policy #2 - Project Extensions Generally all projects approved for funding must be completed within one year of notification of grant award unless the applicant specifically requests a longer period to complete the project at the time the application for funding is submitted. Projects not completed within the permitted time frame will forfeit all grant proceeds. Policy #3 - Grant Application Cycle Applications for funding shall be submitted to the City on or before the day of in order to receive priority ranking consideration. If all grant proceeds are not allocated in the initial review period, application will be accepted and reviewed on a first come first serve basis until all grant proceeds have been exhausted. Unallocated program funds at year end will be transferred to the HRA reserve fund balance and a new funding cycle and project budget will be considered for approval by the HRA in conjunction with the next years budget if needed. Policy #4 - Project Eligibility Grants will be awarded under the Program for the Rehabilitation of Commercial buildings. A commercial building shall be any building the primary ground floor function of which is retail, service or office use. Policy #5 - Financial Security Applicants receiving $2 , 500. 00 or more of grant proceeds shall be required to post a performance bond, renewable letter of credit or establish an escrow account with the City in an amount equal to the grant award. This financial security shall remain in force and effect until such time that the building is sold and the amortized grant amount is repaid to the City or until the five year commitment period is complete, whichever comes first. Policy #6 - Evidence of Financing Prior to formal grant award, projects approved for funding must provide evidence of financing. Evidence of financing may include a signed loan agreement from a bank or placement of funds in an escrow account established by the City. 6,7 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MN FEBRUARY 20, 1990 Mayor Laurent called the meeting to order at 7: 00 P.M. with Councilmen Clay, Sweeney, Vierling, Zak, and Mayor Laurent present. Councilman Wampach was absent. Also present were Barry Stock, Assistant City Administrator; David Hutton, City Engineer; and Julius A. Coller II, City Attorney. Council person Vierling requested that item 12g, Scott County Transportation Coalition be removed from the agenda. Vierling/Zak moved to approve the agenda. Motion carried unanimously. Sweeney/Clay moved to approve Resolution No. 3188, A Resolution of Appreciation to Dave Czaja for his service on the Planning Commission. Motion carried unanimously. Clay/Sweeney moved to approve Resolution No. 3189, A Resolution of Appreciation to Lee David for his service on the Cable Communication Advisory Commission. Motion carried unanimously. Vierling/Sweeney moved to approve Resolution No. 3190, A Resolution of Appreciation to John Roepke for his service on the Police Civil Service Commission. Motion carried unanimously. Zak/Vierling moved to approve Resolution No. 3191, A Resolution of Appreciation to Glenda Spiotta for her service on the Energy & Transportation Committee. Motion carried unanimously. Sweeney/Vierling moved to approve Resolution No. 3192 , A Resolution of Appreciation to Dan Steil for his service on the Police Civil Service Commission. Motion carried unanimously. Zak/Clay moved to approve Resolution No. 3193 , A Resolution of Appreciation to Terry Forbord for his service on the Planning Commission. Motion carried unanimously. Liaison reports were given by council members. Councilman Clay reported that the Recreation Board has their 1989 Annual Report completed and it will be coming to the Council for approval . Mayor Laurent reported that he has delivered the Resolutions of Cooperation to Louisville Township and Scott County and they were well received. He will meet with Jackson Township possibly tonight and the School Board on Feb. 26. Mayor Laurent reported that the Feb. 15th meeting of the Met Council in Jordan projected a slower growth for Shakopee than what Eagan experienced. On Feb. 15, Mayor Laurent attended a special meeting of local officials and taxpayers to discuss the possibility of a special Proceedings of the Page - 2 Shakopee City Council February 20, 1990 legislative bill which would avoid a $700, 000 loss in school aids resulting from the correction of the auditor' s error. Mayor Laurent gave recognition to the audience and asked if there was anyone who wished to address anything not on the agenda. There was no response. Councilman Sweeney requested that item 9a, Concerns of Concerned Citizens For Fair Taxation, be removed from the consent agenda. Councilman Vierling requested that item 8 , Feb. 6th Minutes be removed from the consent agenda. Motions carried unanimously. Vierling/Zak moved .o approve Consent Business. Motion carried unanimously. Vierling/Zak moved to approve the Minutes of January 31, 1990 . (Motion approved under consent business. ) Vierling/Zak moved to correct the Minutes of the February 6 , 1990 meeting to show that Acting Mayor Vierling asked the audience if they wished to speak instead of Mayor Laurent (page 1, paragraph 6) ; and to show that Councilman Sweeney opposed the motion on scheduling an Annual Community Cleanup Day with funds being allocated from the contingency fund (page 3 , paragraph 2) . Motion carried unanimously. Vierling/Zak moved to approve the minutes of February 6, 1990 meeting, as corrected. Motion carried with Mayor Laurent abstaining due to his absence at the meeting. Sweeney/Zak moved to direct staff to study the procedure for the City to change the fiscal disparities option from Plan A to Plan B in the Canterbury Downs Agreement. Motion carried unanimously. Discussion ensued on the procedure of "Moving the Agenda" , which had caused some confusion with the public and staff at the last meeting. Julius Coller instructed the Council that Roberts Rules do not refer to "moving the agenda" and advised the Council that they would have to adopt new meeting procedures before implementing this practice. Council decided to continue with Roberts Rules and discontinue the use of "moving the agenda" . Due to the confusion of moving the agenda City Engineer, Dave Hutton re-introduced the reimbursement for sanitary sewer costs to Dave Heller. The developer jacked the sewer line under Vierling Drive at the time of the development of Heritage Place 2nd Addition, so that the road wouldn't need to be disturbed at a later date when the property south of Vierling Dr. would be developed. The City Engineer pointed out that the sewer goes beyond the developer' s plat, does not benefit the developer and that the jacking was more expensive than the developer was aware of. C Proceedings of the Page - 3 Shakopee City Council February 20, 1990 Councilman Sweeney asked if Mr. Hutton had advised the developer that this should have been in the Developer's Agreement. Mr. Hutton said there was discussion about it three months prior to the actual Developer's Agreement being drawn up. Mayor Laurent questioned if there wasn't a policy regarding this type of situation. Mr. Hutton stated there was not. The City merely has an oversize policy. Dave Heller, the developer, told the Council that there had been discussion about the jacking before the Developer's Agreement was drawn up but that many things were happening during that time, the Scottland bankruptcy, acquiring other property to make it a clean plat and the Vierling Dr. water main. He also was not aware that the sewer jacking would cost $6, 000. Sweeney/Zak moved to reimburse Dave Heller 100% for sanitary sewer costs. Motion failed, Mayor Laurent voting aye and Sweeney, Zak, Vierling and Clay voting nay. Discussion ensued as to precedent setting in granting this type of reimbursement when not included in the Developers Agreement. Council Zak requested that staff check the legality of our actions with the League of Cities. Sweeney/Vierling moved to direct the City Engineer to study the policy of utilities extended past development boundaries and check with legal counsel on the issue. Motion carried unanimously. Vierling/Zak moved to receive and file the Transportation Study Board Interim Report dated January 29, 1990. (Motion approved under consent business. ) Vierling/Zak moved to receive and file the memo for NSP regarding electric rate increase. (Motion approved under consent business. ) Mayor Laurent opened the Public Hearing on the proposed street reconstruction for Valley Industrial Blvd. North. City Engineer Dave Hutton reported that the City has received a petition to reconstruct Valley Industrial Blvd. No. between County Rd. 83 and Valley Park Dr. Mr. Hutton stated that the road is in dire need of reconstruction and suggested that it should be considered a new street. He also suggested that it continue to be considered a rural road with ditches. If approved, Hutton recommended that it should be assessed 100% to the property owners on the south. The general public does not use the road and the RR would not benefit from its reconstruction. Total estimate cost of road and storm sewer is $305,299. 50. Jon Albinson, Valley Industrial Realty stated that they did sign the petition but were unaware of the 100% assessment possibilities. However, he agreed that the road reconstruction was necessary. Mayor Laurent closed the public hearing. Proceedings of the Page - 4 Shakopee City Council February 20. 1990 Sweeney/Vierling offered Resolution No. 3198 , A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Street Improvements to Valley Industrial Blvd. North Between County Road 83 and Valley Park Drive, Project No. 1990-8 and moved its adoption. Motion carried unanimously. Clay/Sweeney moved that the cost of the reconstruction of Valley Industrial Blvd. North be assessed 100% to the property owners on the south side of the road. Motion carried unanimously. Vierling/Zak moved to approve the 1989 Annual Report of the Planning Commission. (Motion approved under consent business . ) Vierling/Zak moved to approve the 1989 Annual Report of the Board of Adjustment & Appeals. (Motion approved under consent business . ) Mr. Stock presented the recommendation of the Planning Commission to approve the Registered Land Survey of Canterbury Industrial Park. He explained that the purpose of the RLS is to simplify legal descriptions for the property. It does not eliminate the need to plat the property later. Jon Albinson, Valley Industrial Realty clarified the 2nd condition suggested by staff that Tract E be deeded to the City immediately following recording of the Registered Land Survey. The City Attorney stated that immediately meant a reasonable amount of time and that it was the City' s obligation to contact Mr. Albinson if the developer didn't comply with this condition. Mr. Albinson cited the Scottland bankruptcy as a possible cause in delaying compliance. Sweeney/Clay offered Resolution No. 3200, A Resolution Approving a Registered Land Survey Encompassing Parcel No. ' s 27-904011-0, 27- 909012-0, 27-909012-1, 27-910001-0, 27-910003-0, 27-910003-1, and 27-910007-0, and moved its adoption. Motion carried unanimously. Zak/Clay moved to remove from the table the purchase of computer equipment for the Fire Dept. Motion carried unanimously. Zak/Vierling moved to approve the purchase of 386 computer system from PC Express in the amount of $3 , 682 and a LaserJet II printer from Hewlett-Packard in the amount of $1, 9997 . 35 for a total cost of $5, 679 . 35 . Funds to come from 1990 capital equipment. Motion carried unanimously. Councilman Zak commended the work done by Steve Hurley, MIS Coordinator, on his effort to save funds in the purchase of this system and getting more computer capacity for the Fire Dept. at the same time. Zak/Vierling moved to direct the MIS Coordinator to analyze the future computer need of the Recreation Dept. , Fire Dept. and other departments and prepare an acquisition and system plan. Motion Proceedings of the Page - 5 Shakopee City Council February 20, 1990 carried unanimously. Vierling/Zak moved to authorize the proper city officials to sign an Agreement between the State of Minnesota Dept. of Transportation and the City for reimbursement of 60% of the cost of State required computer equipment. (Motion approved under consent business. ) Discussion ensued on the question of continuing the Community Youth Building Committee. Councilman Sweeney expressed concern of having an operational Committee not answering to anyone. Council person Vierling stated she felt the project has just gotten organized and Council should give them a year of operation and then review the organization. Zak felt someone should monitor the project. Vierling suggested the Rec. Dept. serve as the monitoring body. Council person Sweeney felt the Council should set a policy stating who's responsible for the building and the scheduling. Dick Marks from the Committee stated they have a schedule for cleaning and maintenance that has been working efficiently and stated that they report to George Muenchow of the Recreation Dept. on all scheduling. Mr. Marks feared that if the City took over the maintenance, that these organization would have to pay for that maintenance and therefore could not afford to use the building. Clay/Vierling moved to approve the 1989 Annual Report of the Community Youth Building Committee. Motion carried unanimously. Vierling/Zak moved to nominate Ann Tuttle, Debbie Macius and Joyce Bassinger to the Community Youth Building Committee. Motion carried with Councilman Sweeney opposed. Clay/Vierling moved to direct staff to send a communication to the Community Youth Building Committee outlining the City' s expectations of the Committee regarding maintenance and placing Leroy Hauser in a supervisory position to monitor the maintenance. Motion carried with Councilman Sweeney opposed. Councilman Zak requested that staff submit the correspondence to Council for review before sending it to the Committee. Mayor Laurent called a recess at 9: 00 P.M. City Council reconvened at 9: 07 P.M. City Engineer, informed the council that several things have changed since the last public hearing on the Bluff Ave. project. Namely that Hardees is willing to pay part of the assessment on the Bluff St. Improvement even though their property does not abut the street. Bill Hauer, 706 S. Apgar St. , agreed that access to First Ave. is hazardous but felt that he could not afford the Bluff Ave. improvement. He reported that they have been having meetings with Hardees and that he may be willing to go along with the improvement now that Hardees is willing to assist in the assessment. Jim Diamond, a representative of Hardees, stated that he appreciated Proceedings of the Page - 6 Shakopee City Council February 20, 1990 the opportunity for a second Public Hearing. His business is concerned about the traffic dangers in the area and would be willing to contribute to the improvements on Bluff Ave. Vierling/Zak offered Resolution No. 3194 , A Resolution Receiving A Report And Calling A Hearing On Improvement To Bluff Avenue, .qarschall Road to Naumkeag Street, Project No. 1990-7 , and moved its adoption. Motion carried unanimously. Vierling/Zak moved to approve the purchase of a Skid Steer Loader for the Public Works Dept. from Lano Equipment, Inc. of Shakopee at a total cost of $26, 963 . 07 . (Motion approved under consent business. ) Vierling/Zak moved to take the FMG Developers Agreement off the table. (Motion approved under consent business. ) Vierling/Zak moved to authorize the appropriate City officials to execute the contract for private development by and between the City of Shakopee and Tsumura International Inc. (Motion approved under consent business) . Vierling/Zak moved to appoint Jane Ward to the Energy & Transportation Committee for a three year term expiring January 31, 1993 . (Motion approved under consent business. ) Vierling/Zak moved to appoint Mike Pennington to the Community Development Commission to fill the unexpired term of Al Furrie expiring January 31, 1992 . (Motion approved under consent business. ) Vierling/Zak moved to appoint Robert Zeigler to the Shakopee Community Access Corporation Board of Directors for a three year term expiring January 31, 1993 . (Motion approved under consent business. ) Vierling/Zak moved to nominate Duane Wermerskirchen to the Ad Hoc Downtown Committee. (Motion approved under consent business) . Councilman Sweeney asked Mr. Stock if all the bills were within the line item budget amounts. Mr. Stock stated that the bill for Associated Mechanical in the amount of $389 . 90 was for the Police Dept. improvements which were originally not budgeted. Discussion ensued regarding the unbudgeted over run of a bill for Associated Mechanical for the remodeling at the Police Dept. Vierling/Clay moved to table the bills. Motion carried unanimously. Sweeney/Clay moved to remove the bill for Associated Mechanical from the table. Motion carried unanimously. ,/ Proceedings of the Page - 7 Shakopee City Council February 20, 1990 Clay/Vierling moved to pay the bill from Associated Mechanical in the amount of $389.90. Motion carried unanimously. It was the consensus of the Council that they did not wish to cause difficulty to the business and therefore approved the payment of this bill . However, Council directed staff to return with a memo explaining the cause for the over run and account for the method used in covering the over run. Vierling/Zak moved to remove the bills from the table. Motion carried unanimously. Vierling/Zak moved to approve the bills in the amount of $290, 862 . 03 . Motion carried unanimously. Discussion on the budget and accountability continued. Councilman Zak suggested that staff check and see if we may already have a budget comparison program available through Lotus. Sweeney/Vierling moved to remove the item of appointment to Shakopee Public Utility Commission from the table. Motion carried unanimously. Sweeney/Vierling moved to direct the Asst. City Attorney to obtain a legal opinion from the General Attorney's Office on the issue of conflict of interest concerning Mr. Kephart. Motion carried unanimously. Sweeney/Clay moved to offer Resolution No. 3199 , A Resolution Declaring the Cost to be Assessed and Ordered the Preparation of Proposed Assessments for Market Street, 1st Avenue to Bluff Avenue; Alley in Block 55; Alley in Bock 81; Alley in Block 102 ; Alley in Block 7, Project No. 1988-6 and moved its adoption. Motion carried unanimously. Vierling/Zak offered Resolution No. 3197, A Resolution Declaring the Adequacy of Petition and Ordering the Preparation of a Report for Improvements to Fourth Avenue, Between Lot 4 and Lot 3 of Blk. 2 in Furrie' s 2nd Addition and moved its adoption. (Motion approved under consent business. ) Zak/Vierling moved to remove from the table Res. No. 3187 accepting report for upgrading all gravel streets in urban Shakopee. Motion carried unanimously. Councilman Sweeney questioned if there was a time factor involved in this project or if it could be tabled again in order for Mayor Laurent to attend the Jackson Twp. meeting. The City Engineer stated there was no time factor involved but noted that this project is always in the resolution area of the agenda and therefore is always at the end and he would like it discussed in Proceedings of the Page - 8 Shakopee City Council February 20, 1990 the near future. Sweeney/Clay moved to table Res. No. 3187, A Resolution Accepting a Report For Upgrading All Gravel Streets Within Urban Shakopee. Motion carried unanimously. Vierling/Zak moved to offered Resolution No. 3201, A Resolution Initiating the Vacation of Utility and Drainage Easements in Outlot A and Lot 8, Block 1, Canterbury Park 1st Addition, Scott county, Minnesota, and moved its adoption. (Motion approved under consent business. ) Mayor Laurent informed the Council that the Joint Tax Study presentation is set for March 1st, 1990. The Council members will be informed of the correct time and place when it is confirmed. Mayor Laurent adjourned the meeting at 9 : 52 P.M. Aggie Unze Barry Ay Stock Recording Secretary Acting/ City Clerk CONSENT /0(t) WESTERN GAS UTILITIES , INC . 3900 Washington Avenue North Minneapolis , Minnesota 55412 February 16 , 1990 Re : Application of Western Gas Utilities , Inc . for Pipeline Routing Permit Pursuant to Partial Exemption From Pipeline Route Selection Procedures (MEQB Docket #WGU-1-1990 ) We are proposing to construct a new 6 5/8 - inch diameter steel natural gas pipeline along Scott County State Aid Highway No . 15 ( CSAH 15 ) beginning at a tap point with a Northern Natural Gas Pipeline located at the intersection with County Road 70 , then running parallel and adjacent to CSAH 15 in a northerly direction to a point within the City of Shakopee . A total of approximately 7 miles . A more detailed explanation of the proposed project is contained in the enclosed copy of the Application of Western Gas Utilities , Inc . fora Pipeline Routing Permit pursuant to a partial exemption from pipeline route selection procedures . The Minnesota Environmental Quality Board (EQB ) will hold a public information meeting in Scott County to provide information on the proposed project and to receive information to assist the EQB in determining whether to grant or deny the partial exemption . The information meeting will be held on March 14 , 1990 beginning at 7 : 30 p . m . at the Jackson Township Hall . Minnesota Rules , Chapter 4415 , regulate pipeline routing in Minnesota . In deciding whether to grant or deny the partial exemption , the EQB will consider comments that are filed with the EQB , the record of the public information meetings , and the information relevant to the criteria for partial exemption contained in the application . All comments must be filed with the EQB by 5 : 00 p . m . on March 28 , 1990 . Any person may file comments with the EQB stating reasons why the EQB should grant or deny the partial exemption . If the EQB grants the partial exemption application , it must issue a pipeline routing permit . If the partial exemption is denied , the applicant may request that the EQB continue processing its application under full pipeline routing selection procedures . -2- Additional information may be obtained from and comments should be submitted to : Larry B . Hartman , Environmental Quality Board , 300 Centennial Building, 658 Cedar Street , St . Paul , Minnesota 55155 . Tel : ( 612 ) 296-5089 or 1 -800-652-9747 , and ask for the EQB . Thank you for your cooperation and consideration . Sincerely , i)artley Mein Vice President Western Gas Utilities , Inc . RECOMMENDED ACTION: Receive and file the notice of a public meeting to be held on March 14, 1990 at the Jackson Township Hall on the application of Western Gas Utilities , Inc . for Pipeline Routing Permit Pursuant to partial Exemption from Pipeline Route Selection Procedures . H.J. DEVELOPMENT U LN COMMERCIAL REAL ESTATE MANAGEMENT AND DEVELOPMENT Meadowcreek 1 Partnership Reisling 85 Partnership Shakopee 84 Partnership 101 86 Partnership Nicburn 86 Partnership Jan-Her, Inc. FEB 2 0 1990 CiTy C 4M1ti February 16, 1990 The Honorable Gary Laurent City of Shakopee 129 1 Ave E. Shakopee , Mn 55379 Dear Mayor Laurent , I own a shopping center on County Rd. 17 and Gorham in Shakopee and have been getting complaints that along the side walk on the north side of the building it is really dark in the evening because there is no street light along that area. The only light is at the corner . I am requesting that the city install a street light along the south line of my property . I am concerned about security for the c stomers that use this sidewalk along County Rd. 17. ery4r' l y Gar; P- tner .Ra *pee 84 Partnership \ i GJ/km cc : Mr . Dennis Kraft Chief Tom Steininger RECOMMENDED ACTION: Direct staff to obtain a quote from Shakopee Public Utilities for the installation of a street light along the south line of property located at CR-17 and Gorman Street , per request of Shakopee 84 Partnership. (612) 475-0632 • Route 1, Box 163 • Delano, Minnesota 55328 # ►ob City of Shakopee - -r POLICE DEPARTMENT u' + 476 South Gorman Street yam . - - SHAKOPEE, MINNESOTA 55379 • • - :: Tel. 612/445-6666 r - ..rte The Honorable Gary Laurent February 28 , 1990 City of Shakopee 129 1st Ave. East Shakopee, MN 55379 Dear Mayor Laurent: I am writing in response to the letter from Gary C. Janisch, requesting the city to install a street light along the south line of his property, which is a shopping center at County Road 17 and Gorman Street. Officer Flynn, upon request, checked the lighting conditions at this location. His report is attached for your information. If there is additional information that you should like to have, please do not hesitate to call upon me. Sincerely, om teininger Chief of Police TS:pm cc : Mr. Dennis Kraft To: Sgt. Jerry Poole From: Officer John Flynn Jerry, Checked lighting conditions and in my estimation lighting, while not bright, is adequate. There is a fair amount of light coming from the canopy over the gas pumps at Tom Thumb during business hours. A security light on this same canopy remains on after hours and pedestrian traffic benefits from both of these lights in addition to existing street lights. J.F. ! ;1- tte MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: City of Shakopee Newsletter DATE: February 26, 1990 INTRODUCTION: The City of Shakopee 1990 One Year Work Plan included an objective in regard to the development of a City of Shakopee newsletter. The Community Development Commission was assigned the task of reviewing alternative methods of distributing and producing a City of Shakopee newsletter. BACKGROUND: For the past year City staff has been attempting to publish a CDC Newsletter on a quarterly basis. The current newsletter is being distributed to Shakopee residents as an insert in the Shakopee Valley News. Staff time restrictions have severely impeded the production of the newsletter. During the months of January and February the CDC explored two production alternatives for the City Newsletter: In house and contract for service. The CDC also considered the following alternatives in regard to distribution. 1. Insert in the Shakopee Valley News 2 . Insert in the Shakopee Mint 3 . Stand alone direct mail (Bulk mail permit) 4 . Door-to-door distribution Shown in attachment #1 is a chart indicating the cost estimates associated with each of the production alternatives and distribution methods. The CDC ruled out the door-to-door distribution method because it was not the most reliable method of distribution. Insert distribution methods were also ruled out because of the junk mail impression that generally over shadows newspaper inserts. The CDC felt that benefits incurred by direct mail outweighed the cost difference as compared to the other distribution methods. The CDC also investigated piggy-backing the distribution of the City Newsletter with other community newsletters such as the School District (Imprint) or the Chamber Newsletter. Since the Chamber Newsletter was only distributed to Chamber members this alternative would not be of benefit to the Chamber and in fact would increase their costs. Distribution and production with the School District may have some potential and may result in cost savings. The School District has indicated that they would like to cooperate in a joint venture. By doing so we may achieve some economies of scale and we could utilize the School District's Bulk Rate Mail Permit which carries IV a lower price per unit mailing than the City's Bulk Rate Mail Rate since they are considered as a non profit agency. City Council should discuss the following issues in regard to this issue: 1. Production Method 2 . Distribution Method 3 . Stand Alone or Joint Effort with School District. The CDC is recommending that the newsletter production be contracted and that the distribution method be direct mail. The CDC believes that existing staff levels prohibit the effective and timely publication of a quarterly newsletter in house and that the direct mail distribution method would be the most effective method in reaching our residents. The CDC is also in favor of a joint publication with the School District. If Council wishes to pursue the Newsletter concept, the issue of funding should be discussed. No funds have been budgeted, therefore a transfer from the contingency fund would be necessary. In preparing the financial analysis, Staff has taken into consideration that approximately $500. 00 per issue could be covered by other City budgets. (Transit and Recycling for promotional advertising within the Newsletter. ) Staff's estimate to produce one issue of the City Newsletter in conjunction with the School District , less funding from other City budgets is approximately $1, 725. 00. Staff estimates that approximately $300. 00 per issue could be saved by working with the School District on a joint publication. If Council wishes to proceed, a motion directing staff to prepare the necessary resolution, transferring $3,450. 00 from the contingency fund to the Administration budget would be in order. This would provide for the production of two 4 page Newsletters yet this year (August and November) . If Council approves of this approach, more information on the possibility of a joint publication can be presented when the formal Resolution is presented to Council for consideration. ALTERNATIVES: 1. Authorize the appropriate City officials to work with School District Officials to negotiate a contract with a firm or individual to produce the newsletter and that it be distributed direct mail to all households in Shakopee on a quarterly basis and prepare the necessary Resolution transferring funds. 2 . Authorize the appropriate City officials to negotiate a contract with a firm or individual to produce the Newsletter /02-'62 and that it be distributed direct mail to all households in Shakopee on a quarterly basis. 3. Select some other method of distribution and proceed accordingly. 4 . Produce the newsletter in house and distribute the newsletter direct mail stand alone on a quarterly basis. 5. Produce the newsletter in house and continue to distribute it as an insert in the Shakopee Valley News or Mint. 6. Table action pending further information from staff. 7. Do not produce a City Newsletter. STAFF RECOMMENDATION: Staff recommends alternative # 1. ACTION REQUESTED: 1. Authorize the appropriate City officials to work with School District officials to negotiate a contract with a firm or individual to produce the newsletter and that it be distributed direct mail to all households in Shakopee on a quarterly basis. 2 . Move to direct the appropriate City officials to prepare the appropriate Resolution transferring $3 , 450. 00 from the Contingency fund to the Administration budget for the purposes of producing two Newsletter issues yet this year. Attachment # 1 NEWSLETTER PRODUCTION AND DISTRIBUTION ALTERNATIVES COST ANALYSIS 5000 Qty. 4 pg. 2 color 60# Production 4 Page 8 Page 1. In House - Copy Writing $300.00 $600. 00 - Design/Layout $ 72 . 00 $144. 00 - Keyline (Ventura) $ 72.00 $144 . 00 - Printing $569.71 $1279. 03 Total $1, 013 .71 $2, 167. 03 2 . Contract No Ads (Including Printing) $1700.00 $2500. 00 With Commercial Ads $1000. 00 $1400. 00 (Printing Extra) Distribution 1. Shakopee Valley News Insert $250.00 2 . Mint Insert $250. 00 3 . Direct Mail $525. 00 4 . Door-to-door distribution $400. 00 Total Cost (Less $500.00 transfer from other City budgets for marketing expenses. ) In House - Direct Mail $1038.71 $2192 . 03 Contract - Direct Mail $1725. 00 $2525. 00 (No Commercial Ads) le NO Pe Pe •41 I "."°11.11.. --*.j..' as a a y: Cit N9W9Itter .. y I. ♦ Volume 4, Number 3 An Equal Opportunity Employer October, 1988 ore 1989 City Budget Adopted; Chaska Ranks 4' Taxes To Decrease 75th In Metro Tax •+ Survey 4 The Chaska City Council re- exterior of the old City Hall on Walnut •• cently adopted the 1989 Budget Street, which will include construc- Taxes in Chaska which support calling for a total tax levy of tion of a handicapped entrance. County, School District and City $872.538. which represents a de- services are lower than 74 of the 95 ige crease of $3,012 or a 0.3 percent Residents To communities in the Twin Cities le reduction from 1988. metropolitan area, according to a The average annual increase in Select 3 Council Citizens League survey. 041 the City's total tax levy for a six-year positionsThis ranking has improved .e period from 1984 to 1989 has been 2.1percent. The newgrowth in the Three city offices are on the elec since 1987 when 57 of the metro i. communities were paying higher •e community during the past 12 years tion ballot this year scheduled for local government taxes than Chaska. •• has increased Chaska's overall base. Tuesday.November 8.The positions Chaska ranks 75.th in the survey with the average taxpayer paying include a two-year term for Alder- (with 1 being the highest) in the 4 approximately 7 percent less in man-at-Large (Mayor), and four-year estimated property taxes paid on 4 1989 to support the same services terms for the Second and Fourth both an$80,000 home and an aver- as in 1988. Ward Alderman posts. age priced home in the community. 00 As a point of reference, the City Affidavits of candidacy for these re of Chaska receives less than 13 cents offices were received from: Robert P. Throughout the 95 communi- .0 from each tax dollar.with the school Roepke (Alderman-at-Large): Robert ties. homestead property taxes on an .0 district and Carver County account- J. Lindall (Second Ward): Leon J. $80,000 home ranged from a high ing for the majority of the tax bill. Schmidt and Carol Molnau (Fourth of S 1,005 in St.Paul to a low of$498 ✓e Ward). in Mendota Heights. Area rates in- a Total expenditures to operate The polls will open at 7 a.m. and cluded Chaska at $666: Chanhas- s• the City's general activities in 1989 will close at 8 p.m. Voting locations sen, $825; and Waconia. $831. are estimated at S2.240.129. InPO are as follows (First Ward location is order to maintain existing service new this year): These tax levels represent taxes A levels, the following positions will from all sources including City, A be added: First Ward County, School District and miscel- •e Additional half-time Commu- Chaska City Hall laneous districts such as transit, A nity Service Officer in the Police De- One City Hall Plaza watershed and mosquito control. 4 partment. Additional summer help f• or both the Street and Public Works Second Ward When comparing mill rates Department. Addition of a new full- Living Hope Lutheran Church paid within a taxing district, time program assistant in the Rec- 112090 Hundertmark Road Chaska's 15.271 mills in 1988 oil/ reation Department. Hiring of addi- made it one of the lower rates in the Third Ward metropolitan area. Residents in the tional part-time summer Building Carver County Courthouse Chaska School District paid 62.855 4 Inspector. 600 East Fourth Street mills. which ranks 10 out of 47 a Future needs also required the Twin City districts included in the 4 sum of S77.000 to be set aside to Fourth Ward survey. The County mill rate of 4 begin funding for the Chaska Com- Shepherd of the Hill Presbyterian 37.446 is toward the high end of se munity Center. In addition. S35.000 Church the scale. but still below the Scott has been budgeted to renovate the Highway 41 and Engler Road County rates. Co-Rec Power Letter From the Mayor Volleyball The Chaska City Council is in the midst of budget discussionsfor Area individuals and teams are 1989.Although afinal 1989 budget has not beenfinalized at this welcome to participate in the Mon writing, we are pleased with initial projections which indicate a day evening Adult Co-Rec power vol- decrease in the tax levy. We are also pleased with our rating of leyball league. A meeting to discuss 75 among 95 metropolitan communities, with 1 being the highest the league format has been set for tax levy. We can point to our electric utilities,and successful Indus- Monday. November 7 at the Chaska trial development as major contributingfactors to ourfiscal stabil- ity. I would add the fact the financial management of ourfunds and reserves have been very sound. very professional and of the Men and women who enjoy play- highest quality. I commend our City staff and the financial deci- sion making process in place in the City of Chaska. to call Tom Redman at 448-5633. who will try to place you on a team. One of the major budget discussions dealt with a Chaska Commu- nity Center. The Center has received general support from the There is a S 15 entry fee per Council and the recent citizens'survey indicated strong commit- nity omma team, with league play scheduled nity support. We will soon be selecting architects to help develop through March. the specific requirementsfor various Community Center Programs. An Advisory Committee will also be formed to review and recom- Chaska Ice mend Community Center priorities to the City Council. Skating Rinks Another budget issue involved the costs of highway upgrading and general transportation funding. I think we've often discussed The City's ice skating rinks will be new Highway 212 and its associated issues. Another important flooded and maintained for the en- highway issuefor thefuture of Chaska is a new Highway 41 and joyment of family skating at Friend- bridge crossing. With the increasing traffic volumes being pro- ship Park. Lions Park. and the Old jected for Chaska, we need to get a new north-south highway Junior High School Building. and river crossing included in the Metropolitan Highway Plan. Ice rink attendants are needed Although it is a long term issue for Chaska, now is the time to to work at the warming shelters at take action to insure that this highway and bridge crossing is all sites. For additional informa- established in the plan. This action as much as any other will tion, please contact the Chaska contribute to maintaining the unique community feeling of our Park and Recreation Department at City. We have been active in supporting the lobbying efforts to 448-5633. insure a new 41 and bridge crossing gets included in the Metropoli- tan System Plan. Chaska Adult Going along with this is thefact Chaska entered into a joint agree- ment with Carver, Victoria, Chanhassen and Carver County to Winter Volleyball prepare a Comprehensive Transportation Planning Studyfor east- Leagues ern Carver County. This study will concentrate on local and inter- nal City highways needs and plans. This also is an important Organizational meetings for win- study for future City of Chaska transportation issues and road- ter volleyball leagues for men. ways, and points out the growing scope of our transportation prob- women and co-rec.have been sched- lems and concerns. uled for Wednesday. December 14 Much of this article deals with the future and various efforts and at the Chaska Park and Recreation prospects which preserve, protect. and insure a quality future for Department. 314 Walnut Street. All Chaska. A person. as we discussed City finances. called these league activities are scheduled to issues "investments in ourfuture."This is an important responsi- begin the first week of January bility of the City Council, to make proper and responsible invest- ment decisionsfor the City of Chaska.I think this is an interesting Teams interested in participating and accurate view of a City Council's responsibility, one which must be represented at the meeting. promotes responsible, sound. long range City planning and de- or call 448-5633 prior to the meet- velopment. It is a view I'll remember. ing date. The co-rec meeting will begin at 7 p.m.: the women's meet- Robert P. Roepke ing is scheduled for 8 p.m.: and the Mayor men's meeting will get underway at 9 p.m. There is a team entry fee of S15 to S20. Please CDmpost /2c'' Record Utility Demands Posted i Fall Leaves Due to the severe heat and drought. record demands for water Two community sites are avail- and electricity consumption were documented by the Chaska Public able for composting your raked Utilities Department. leaves, which in turn diminishes The water pumping logs indicate heavy water usage starting the amount of refuse hauled to the . on May 23 and continuing through July and attributed to heavy disposal sites. lawn sprinkling. The peak pumping day occurred on June 20 with Chaska's two disposal sites are 4 million gallons, as compared to a normal off-peak pumping day located at the intersection of Hun- of i 1.5 million gallons. dertmark Road and County Road 11 The City of Chaska did not impose a sprinkling ban this sum- (north of Community Park).and be- mer due to the present system's capacity of 4.5 million gallons per hind the Recycling Center on West day. which met the single day peak demand. 1st Street. Chaska has three deep wells,each approximately 800 feet deep. When you take your leaves to a that pump from the Hinckley-Mt. Simon aquifer. This aquifer is disposal site, they should be in generally not affected by single droughts since it is replenished over loose or bulk form (in a pickup or a period of thousands of years. trailer load). If you bag your leaves. • please dump them out of the bags Electric Demand Reached when you deposit them at the dis- Old S stem Ca aClt posal site. And please, only leaves y p y and grass and not branches,brush. Electric demand reached a record high this summer with a rocks or garbage. peak demand of 27 megawatts in August. and obviously due to At home, composting is a sim- heavy air conditioning usage. ple and natural process to dispose With the addition of the City's new substation located on the of leaves. Compost can be used as corner of County Roads 18 and 17. the available system capacity potting soil, added to your garden or flower beds,or used as substitute is 62 megawatts. Prior to the addition. the capacity was 27 for black dirt. megawatts. • The process involves deposit- Total water revenue for 1988 is projected at $335,000 as corn- ing leaves and grass in a pile and pared to $278.000 in 1987. Total electric revenue for 1988 is pro- then allowing them to decompose jected at $5.585.000 as compared to$4.512.000 in 1987. into black, dirt-like nutrient. j The City's Electric Utility contributes 10 percent of the gross Composting at home or at pub- revenues to the General Fund as a payment in lieu of taxes, and lic sites is an important disposal al- helps to maintain a lower tax base. A payment of S558.000 to the ternative since leaves account for General Fund is anticipated for 1988. 15 to 20 percent of the garbage re- 1 • ceived at a landfill. WATER USAGE 88.6 Sidewalk Project (Millions of Gallons) ;�''�''. .i".%%'or 79.4 '-"-''-'' Is Underway JUNE :,:-;� ;'-''`'.; ;i';i';i', Work got under way in September JULY ` " '..'��'.., on a city wide sidewalk replacement . . program. Construction started on AUGUST ;%; %-; , <, �, �, --•• •;T,;i,;i,, _ the north and south streets, on the `i'c '�i'' '' west side of town, proceeding east. ; 5 1 :i• : i,•�i,, 51.7 .!,i,,i,; "�' The work will then continue with %i%,� the east and west streets, starting z/,i7i.; i() 5 r-,,—�r.r _ ;'s';;is on 1st Street and finishing on 6th � `"�"7" Street.The work is being �i,�i; r,; !.::-.:i; r �� `, %, performed ,i,,i,,i,; �'-='- ', by Burton Amundson Construction ,,,,- .. :•:`.:- 1 from Benson, Minnesota. :_ ,,,Zi,.• /C;;';;;',,:� ;". Due to requests from residents for additional walks to be replaced i,�, above and beyond the original esti- mate, some of the scheduled pro- 'ects willunder ., ........�'� ,--1�.,�. ..... �; get L de way in the ., •Q 7 1 93,3 spring. c t r Electric, Water Rates Remain Same; Sewer Rates Increase By 5.5% t Based on the approved 1989 t Budgets. the Chaska water and elec- t tris rates will remain unchanged for PROJECTED AVERAGE t the upcoming 12 month period. MONTHLY BILL it to increased treatment costs of t 12.5 percent from the Metropolitan Waste Control Commission. the Residential Customer t Chaska sewer rates will need to be Actual Proposed Dollar % t adjusted by 5.5 percent. Utility 1988 1989 Increase Increase it The 1989 rate structure allows Sewer $14.20 $14.98 $.74 5.5% t Water 8.00 8.00 -0- -0- the City to maintain its intended t Electric 40.85 40.85 -0- 0 goal of providing average to below TOTAL $63.05 $63.83 $.74 1.2% t average utility costs for its custom- t ers. Residents with questions re- it garding their utility bills should contact City Hall at 448-2851 dur- cated in strategic areas in case of a • Explain the dangers of playing t ing normal business hours. fire, and all members of the house- with fire to children,and make sure IF The following table shows the hold should understand how to use that matches. lighters, and any E impact of the 1989 utility rate struc them properly. smoking materials are stored out of ft ture for average residential use: • Develop and practice various es- their reach. t cape plans in case of a fire. • Please be cautious with wood t Fire Safety Tips • Call 911 in case of a fire or an burning appliances and outdoor k enc • emerg }. cookers. Make sure that ashes from Ik The Chaska Fire Department offers wood burning appliances are re- the following safety tips for homes • Do not allow accumulations of moved safely and placed outside in t and businesses: trash or oily rags in the home, gar a covered metal pail until they are t • Check and make sure your smoke age or basement. Do not use appli cool. tir ances with faulty or frayed cords. t detectors are in proper working Please make sure that gasoline. For additional information. order. paint,kerosene and other flammable please contact the Chaska Fire De- • Fire extinguishers should be lo- materials are stored properly. partment at 448-2851. t V t tt Ilr '--' City of Chaska U.S.T KPRAATE Ilk 1/4.1Z2 One City Hall Plaza STAGE Chaska. Minnesota 55318-1962 PAID * Permit No.7 * Chaska. MN CITY COUNCIL 55318 * ROBERT P. ROEPKE . . . . MAYOR lk DANIEL L. RESS WARD I Ilw- ROBERT J. LINDALL WARD II ir DALE P. DIEDRICK WARD III 411F LEON J. SCHMIDT WARD IV Chaska Resident ii - DAVID C. POKORNEY CITY ADMINISTRATOR W- EMERGENCY er (Police. Fire, Ambulance) 911 II ' Police Department 448-4200 City Hall 448-2851 (Monday-Friday. 7:30 a.m.-4:30 p.m.) Park & Recreation Department 448-5633 air Public Works Department 448-4335 Iir Public Utilities Department 448-2851 it ' so., MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Directo SUBJECT: Tahpah Park Lights DATE: February 26, 1990 INTRODUCTION: Bids have been received and opened for the Tahpah Park Lights Project. The Tahpah Park Lighting Committee has reviewed these bids and would like to discuss the bids at the next regularly scheduled Council meeting. BACKGROUND: The Tahpah Park Lighting Committee, comprised of representatives from the Community Recreation Department, Shakopee Jaycees, Shakopee Rotary and the Softball Association, have developed a project to install lights at several fields in Tahpah Park at their expense. The City of Shakopee normally bids out park projects and administers the contract in order to ensure proper legal procedures are followed. At the January 16, 1990 meeting, the City Council authorized staff to execute agreements with the various organizations to address the funding for the project and also directed staff to advertise for bids on the project. The agreements have been executed with the various organizations. On February 15, 1990 the bids were received and publicly opened on the project. A total of 5 bids were received. The bid was structured such that both steel poles or concrete poles could be bid as alternates. The lowest bid received was from A & B Electric for the steel poles for a total of $116, 200. 00. This consists of 3 softball fields and the football field. The bid also allowed for the deletion of one field from the project and excluding this one field the total low bid is $84 , 190. 00. The various organizations have identified a total of $60, 000. 00 for the project. That means they are short approximately $24, 190. 00 to complete this project. ALTERNATIVES: Based on the funding available for this project, the following options are available: 1. Reject all bids and rebid the project for only 1 softball field and the football field. 2. Award the contract and negotiate out one softball field from the project by change order. 3 . Award the contract and request that the City of Shakopee contribute the additional funds to complete the project. 4. Award the contract and request that the City of Shakopee "loan" the additional funds to the organizations to be reimbursed to the City in 2-3 years maximum. DISCUSSION AND RECOMMENDATION: The consultant for this project has indicated that the bids are extremely good. The total cost for the 3 fields is around $28, 000 per field and the normal cost for lighting a field is usually $30, 000 minimum. Attached is a letter from the consultant summarizing his findings. In addition, to rebid the project would result in a 2-3 month delay in the construction schedule and the lights would not be installed in time for this year's softball season. Based on the above two reasons, the organizations and their consultant do not recommend rebidding the project (Alternative No. 1) . Staff has discussed Alternative No. 2 with the City Attorney and this alternative is not acceptable from a legal viewpoint based on Minnesota's public bidding laws. The Tahpah Park Lighting Committee would like to recommend awarding the contract and obtain the additional funding necessary to complete the project this year. They are requesting that the City of Shakopee loan the additional money to them and are proposing to reimburse the funds in 2-3 years. The Softball Association is proposing to increase players fees in order to pay the difference. They have indicated that they would be able to obtain an additional $8, 000 yet in 1990, so the actual loan would be for $16, 000 and would be for a 2 year period. This assumes no other contributions from the Jaycees or the Rotary and these organization may decide to contribute additional funds in 1991 or 1992 which would pay off the loan even sooner. The Finance Director has indicated that if the Council is interested in loaning this money, it could come from the Park Reserve Fund and then that Fund would be reimbursed. The Council should also determine if interest should be added to this loan or not. The organizations are not requesting a contribution, but rather a loan. The City Council could elect to contribute the additional fund (Alternative No. 3) but this is not currently budgeted in the 1990 Capital Project. If Council supports the concept of loaning the money to the organizations, a formal agreement could be prepared to address terms of the payback, interest, etc. Staff and the Tahpah Park Lighting Committee recommends Alternative No. 4, to award the contract and loan the organizations the additional funding. ACTION REQUESTED: 1. Move to direct the appropriate staff to prepare and execute an agreement as approved by the City Administrator between the City of Shakopee and the various organizations of the Tahpah Park Lighting Committee to cover a loan for installing lights at Tahpah Park for a maximum of $20, 000 to be reimbursed to the City within 3 years (with/without) interest. 2. Move to award the contract for installing lights at Tahpah Park to the low bidder, A & B Electric, for a total amount of $84 , 190. 00 and direct the appropriate City officials to execute the contracts. DH/pmp LIGHT cc: Mark McQuillan Shakopee Rotary Shakopee Softball Assoc. Shakopee Jaycees Ted Odenwald Oliver D. Billing & Associates, Inc. _1 -1'.'-v Consulting Engineers 3960 Minnehaha Ave. So. • Minneapolis, Minnesota 55406 •.,!. ='_ (612)724-3611 MEMORANDUM TO: TAHPAH PARK SPORTS LIGHTING COMMITTEE FROM: TED ODENWALD SUBJECT: LIGHTING BIDS & FUTURE OPTIONS A summary of the combinations to arrive at the lowest possible bids are as follows: Steel Pole Concrete Pole Lowest Bidder Lowest Bidder Name; A & B Electric Klein Electric For all fields: $116 , 200 $128, 624 Football and two softball: $84, 190 $100, 309 Two softball only: $54 , 690 $74 , 663 The committee' s goal was one football field and two softball fields which would cost: $84 , 190 The average cost using the lowest bidder is: $84, 190 = $28, 063/field 3 Observation #1 : We've been told by suppliers and contractors any price under $30 ,000 per field is a good price. I concur with these opinions that the $28, 063 per field is probably the lowest market price we will be able to get this year or maybe ever. Observation #2: The committee does not have the total amount to meet their 3 field goal, costing $84 , 190 . ( 1) 0,7 Solutions suggested: Option 1: Rebid project for 1 football and 1 softball field. Option 2: Select the lowest bidder and eliminate one field by a negotiated change order. Option 3: Meet the goal by additional financing methods to obtain the $84 , 190. Option analysis Option 1 : Rebidding will not guarantee a lower average price than the $28, 063 we have now. The cost to re-advertise, alter the contract documents and customize the plans will add an estimated $1 , 200 to the cost. We will lose one to two months of use of the lights this year. Option 2: This method will not lose us any time in obtaining the lights. We have the right to proceed in this manner first of all by awarding to the lowest bidder and secondly by invoking the sentence in the advertisement for bids stating, "The City Council reserves the right to reject any and all bids, to waive irregularities and informalities herein and further reserves the right to award the contract to the best interests of the City. " It will cost an extra $500 to $1 , 000 . Option 3: Provide additional financing necessary to meet the goal : A. Have the city "lend" to the fund until the committee raises the additional funds , when the committee has a fund drive to obtain capital. B. Raise new funds by a "participation" fee on the players. C. Solicit the additional funds from the city as a direct capital expenditure for park improvements. Conclusion We have the best "per field costs" we are likely to get. The market will probably not give us a better price. Rebidding is going to cost us about $1 , 200 and a loss of two months use of the lights. The contractors are wiser and don' t like rebidding with some dropping out possibly. The most favorable option is to go for it (3 fields) and raise additional money needed. TAI-FAH PARK PLAYFIELD COMPLE PRICES BIDDER DEDUCT ALTERNATES ADD ALT. BASE ALT E1 ALT E2 ALT E3 E4 CON STEEL FIELD #4 FOOTBALL HEAVY DUTY ALT I POLES DELETE FIELD FIXTURES J : triC O. 00 erviCo. f V 1p I .�I 1 3 ',3rJ-3D, 1 / I ce l( 9c7- E'9,, cc r a c O r.:1irmel ..._I c. ! ; Co., inc. • so!lir-iQ `rho. Cons:r. Co. • J K;ein • lect.ric i Inc l. ,l., .1) 1 / '6' 2 00 3 /3-- - -, 10 1 > 1, y�. '• Wagoner Electric Co. Citywide - Electric, Inc. 7 Aara Electric+ i c I Electric, Inc. FA OD I 93 , O1)0 c , OOo QoI/SO 0 2 310, cc Baler . 'I Electric 'WAction l Enterprises rotr.E .ii 136c7C / O �1C0 -3Dwo phiSCCI 1 �'J ^Ivn" �izi ;' Ricgedale I electric- Co. igiiI! I ..L-ii = i it I I ' ; K ATHLETIC FIELD LIGHTING SYSTEM / 3 `L/ di cc C.) W W IX CC Z Li La1 D PRICE BIDDER'S m a D ~ w I- --/ TRACTOR SUMMARY QUALIFICATION o o x a o a REMARKS u_ CL � x ERNATE m o `L > o Q a a 7 '7 / - s4-14'/ 029 44•1 . I. I I 1 /of; 40, -77, / i 1 i I I • 3 /iiia . � ; vIedi ,'9f 1/3 ,o,selibil 0 , 672 . (7,r A r I ,A/ . 1 01 c24 '1;a2 47t1 i /‘ 771 I • I Es- - ate,.• .J 1 1::` ,/,,r% ° 1 1 1 , r i I 1 2� ,5Jd# °� 4n1 /f -� %�� �:� ate � � P � r -74 -77; -‘3/avi,e its/ ter/ e:'/4 ;/ /3b Memo To: City Council From: LeRoy Houser, Building Official Subject: Building Maintenance/Cost Over-runs Date: 3/6/90 Introduction Eighteen years ago the City Council judged it expedient and cost effective to have the building official responsible for public building maintenance and small remodeling projects. In that eighteen years, the following projects were assigned to this department at a considerable saving to the Shakopee tax payer. 1. General maintenance of all HV/AC units on a quarterly basis. (This is in the form of a maintenance contract which is let out on bids. ) 2 . Coordinated many small and large construction projects for the City which negated the need for a general contractor thereby reducing contractors profit and overhead. 3 . Was the project coordinator on the water slide which came in on budget. I did the joint work on the slide myself and saved the City $20, 000. 00. 4 . Was project coordinator on the Chamber building which came in very near budget projections. 5. Walley Lureen and myself constructed the bridge at memorial Park at a cost of $18, 000. 00 which the former City Engineer had projected at $100, 000. 00+. 6 . I designed and coordinated the security gate at Memorial Park on budget. 7 . Designed and assisted in constructing the Mezzanine in the public works truck bay. This project came in on budget. 8 . Walley Lureen and myself completed the remodeling of the new Engineers office at public works. This project had a price of $8, 000 . 00 on it. It was completed by us for $4 , 000 . 00 . 9 . Remodeled the lunch room in the public works building which had projected cost of $1, 300. 00. This was under budget by approximately $600 . 00 because I laid the floor tile myself. 10 . Remodeled the City Hall complex when we purchased the building to the east of the original building. Cost saving to the tax payer at that time because it was done in house with day labor was approximately $10, 000. 00. 11. Designed and coordinated the Mezzanine in the police garage. (This is the project which everyone is concerned with, it was $3 , 900. 00 over budget. Procedurally I erred by not going to Council for a budget amendment and admit to the fact that there is no legitimate excuse for it. It was done to maintain project coordination and to facilitate completion of the project. The over-runs are attributable to relighting and relocation of the hoist. Council, page two. Background Based on the above recap of past performance of myself and the system Council chose to put in place, I dont think a pattern wanton waste or violation of procedure is evident or exists. In many instances, I have did the actual physical work to reduce tax payers costs. The last project was the engineers office and lunch room remodeling project which I worked two week ends and part of a holiday. I did not turn in time or take time off for it and do not intend to. Over the past years, I have requested a reserve for replacement fund be set up for replacement of heating units which have approximately a twenty year life span, carpeting replacement which has approximately a seven year life span, a building painting schedule which should be done every five years and a general maintenance fund that is revolving. This way the money would be available reserved for a small amount at a time which would lessen the impact on the tax payer. It also would reduce the amount of controversy connected with maintaining these buildings. Conclusion There is absolutely no defense for the procedural error that occurred. I admit it would have been better, prior to making the additional expenditure, to request Council permission. Action Requested Pay the over-runs and put this to rest once and for all. COi\ SENT1 SHAKOPEE FIRE DEPARTMENT 129 East First Avenue, Shakopee, Minnesota 55379 Charles E. Ries, Fire Chief established 1876 MEMO TO: Dennis R. Kraft , City Administrator FROM: Charles E . Ries , Fire Chief RE: Capital Equipment - 1 3/4" , 2 1/2" , Hose DATE: February 20 , 1990 INTRODUCTION: Price quotes were obtained for 800 ft . of 1 3/4" hose, 800 ft . of 2 1/2" hose . The hose is 100% synthetic construction, the lining and cover consist of a synthetic nitrile rubber compound with a center layer of high tensile polyester fiber. This synthetic rubber cover hose is immune to mildew and needs no drying, and can be put back on the truck at the scene of the fire which will eliminate in the future the need for stocking double quantities of hose. The hose is heat , cold and chemical resistant. The synthetic hose comes with a 10 year warranty. BACKGROUND: The 1 3/4" hose is used as attack line hose and can flow up to 250 gallons of water per minute thur it for greater fire knock down power . The 2 1/2" hose can be used either as an attack line or supply line and is capable of delivering 300 to 500 gallons per minute . Quotation for 16 - 50 ft. lengths of 2 1/2" hose: Minnesota Conway Fire & Safety $168 . 00 per length ( 16 ) Total $2 , 688. 00 Smeal Fire Equipment Company $169 .00 per length ( 16) Total $2 , 704 . 00 Quotation for 16 - 50 ft length 1 3/4" hose : Minnesota Conway Fire & Safety $140 . 00 per length ( 16 ) Total $2 , 240 . 00 Smeal Fire Equipment Company $141 . 00 per length ( 16 ) Total $2 , 256 . 00 RECOMMENDATION: Purchase from Minnesota Conway Fire & Safety 16 - 50 ft lengths 2 1/2" hose @ $2 , 688 . 00 16 - 50 ft lengths 1 3/4" hose @ $2 , 240 . 00 Total Of $4 , 928 . 00 1989 Capital Equipment Hose Budget is $5 ,000 .00 Repectively submi d; VAVVag. g. ji,,,,ad 2 ���1 . . .F C arles E. Ries 50AK0 F Shakopee Fire Chief Fire station—334 West Second Avenue CONSENT TO: Mayor, Councilmembers FROM: Tom Steininger, Chief of Police RE: Raymond Erlandsen/Pay Rate Change to Top Patrol DATE: February 27 , 1990 INTRODUCTION On September 4 , 1989 , Raymond Erlandsen was hired as a patrolman for the Shakopee Police Department, with a pay rate increase effective after successfully completing 6 months of service. On March 4 , 1990 , Officer Erlandsen will have successfully completed six months of service. BACKGROUND Sergeant Poole has informed me that Officer Erlandsen has successfully completed a six month performance evaluation and performed the duties of patrolman in an excellent manner. The Shakopee Police Civil Service Commission recommends a salary increase effective March 4 , 1990 , to top patrol (step 4) , at the 1989 police union contract rates (1990 rates are pending) . RECOMMENDATION Increase Officer Raymond Erlandsen' s rate of pay to a monthly rate of $2 ,819 .38 . COUNCIL ACTION REQUESTED Increase Officer Raymond Erlandsen ' s pay to a monthly rate of, Step 4 , $2 ,819 .39 effective March 4, 1990. 3V CITY OF SHAKOPEE INCORPORATED 1870 129 EAST FIRST AVENUE. SHAKOPEE, MINNESOTA 55379.1376 (612)445.3650 �,,4 KQ August 22, 1989 �� + '1- `, rt Raymond Allen Erlandsen 3131 Maple Dr. Prior Lake, MN 55372 Dear Raymond, At the August 15, 1989 City Council meeting, Council authorized hiring you as Patrolman for the City of Shakopee's Police Department at a starting pay rate of $2,255.51 per month (80% of top patrol rate) with a performance review to be completed after 6 months of service. Upon successfully passing that review your pay rate will go to top patrol rate (step 4) as per the 1990 Police Union Contract. (1990 rates are pending) . The hiring was contingent on your successfully passing physical and psychological examinations and meeting background standards. Verbal reports have been received verifying your successfully passing these examinations, to be followed by written reports. The effective starting date shall be September 4, 1989. Immigration Form I-9 must be completed by all new employees. Review and verification of a passport or driver's license and a social security number card or certified copy of your birth certificate is required. Please bring these documents with you on your starting date. Marilyn Remer, Personnel Coordinator will schedule an new employee orientation meeting with you at which time payroll authorization and other required forms will be completed. If you have any questions, please feel free to contact her. I am confident you will enjoy working for the City of Shakopee Police Department and look forward to your employment with the City of Shakopee. Sincerely, Dennis R. Kraft City Administrator cc: John DuBois, Acting Police Chief File The Heart Of Progress Valley :..1 _ OPPOP-UN EMPLO`'EP ONSENT ! 3/10 Memo TO; Dennis R. Kraft, City Administrator From: Marilyn Remer, Personnel Coordinator Re: Probation Termination Date: February 27, 1990 Introduction Jeffrey Swenson, Engineering Tech II, has successfully completed the required six-month probationary period. Background Jeff was hired as Engineering Tech II on 7/5/89. All appointments are subject to a probationary period of six months. Dave Hutton, P. W. Director, has completed the six-month evaluation and recommends that the probationary status be terminated effective January 5, 1990. Action Requested Move to terminate the probationary status of Jeffrey Swenson effective January 5, 1990. CONSENT Memo to: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Re: USCM Deferred Compensation Alternative Date: February 23, 1990 Introduction The U.S. Conference of Mayors has added another investment option for employees participating in that deferred compensation program. Background The U.S.C.M has added investment options from Metropolitan Life to the deferred compensation plan in which the City participates. It is requested that Council authorize the proper city officials to execute the application to Metropolitan Life to be able to provide city employees this option. Action Requested Move to authorize the proper city officials to execute an application for Metropolitan Life for providing investment options within the U.S. Conference of Mayors Deferred Compensation Program. GV:mmr CONSENT 1 3 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Camp Courage Wagon Train DATE: March 1, 1990 INTRODUCTION: On February 28, 1990 I received a correspondence from Mr. Jack Marty and Ms. Diane Holmen requesting the City of Shakopee' s assistance in facilitating the Wagon Train Route through Shakopee on June 20, 1990. (See attachment) BACKGROUND: The Camp Courage Wagon Train is an annual fund raising event for the Camp Courage Project. Wagon Train participants raise contributions for Camp Courage by soliciting pledges per mile prior to the Wagon Train or selling buttons to towns people along the way. Special events conducted along the route in honor of the Wagon Train's visit and generous contributions from local service clubs and organizations also play an important part. All proceeds from the Wagon Train are designated for camperships to assist children and adults with physical disabilities to attend Courage Center residential camping programs. Last fall the tentative plan was for the Camp Courage Wagon Trail to stay overnight at Canterbury Downs. However, the racetrack commission denied the request due to the potential spread of Cogman's disease. Camp Courage officials are still planning to pass through the City of Shakopee on June 20, 1990. They are proposing to schedule a lunch break at Murphy's Landing on that date. Camp Courage officials are requesting that the City of Shakopee assist in making the necessary arrangements to supply a tank of water for the animals on the Wagon Train for the lunch break at Murphy' s Landing. I have discussed this matter with the Shakopee Fire Chief and he has stated a willingness to cooperate on this issue. Camp Courage officials are also requesting police assistance in crossing Hwy 101. I have reviewed this matter with the Shakopee Police Chief. Mr. Steininger has stated that this should not present a problem. Finally, Camp Courage officials are requesting a correspondence from the City in support of their request and the designation of a City representative to assist the Camp Courage Wagon Train as they pass through our community. I would be willing to serve as the City liaison. If the City of Shakopee is willing to work with the Camp Courage Wagon Train, staff is recommending Council action in the following: 1. Authorize the appropriate City officials to provide a water supply for the animals on the Wagon Train during the lunch break at Murphy's Landing on June 20, 1990. 7)t 2. Authorize the appropriate City officials to provide the necessary police assistance as they pass through Shakopee. 3 . Direct the appropriate City officials to send a correspondence to the Camp Courage Wagon Train officials, stating our willingness to provide the necessary assistance as they pass through our community and designating Barry Stock as the City representative, designated to work with the Camp Courage Wagon Train officials. ALTERNATIVES: 1. A. Authorize the appropriate City officials to provide a water supply for the animals on the Wagon Train during the lunch break at Murphy's Landing on June 20, 1990. B. Authorize the appropriate City officials to provide the necessary police assistance as they pass through Shakopee. C. Direct the appropriate City officials to send a correspondence to the Camp Courage Wagon Train officials, stating our willingness to provide the necessary assistance as they pass through our community and designating Barry Stock as the City representative, designated to work with the Camp Courage Wagon Train officials. 2 . Do not support the 1990 Camp Courage Wagon Train as it travels through our community in 1990. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REOUESTED: Move to: A. Authorize the appropriate City officials to provide a water supply at Murphy's Landing on June 20, 1990. B. Authorize the appropriate City officials to provide the necessary police assistance as they pass through Shakopee. C. Direct the appropriate City officials to send a correspondence to the Camp Courage Wagon Train officials, stating our willingness to provide the necessary assistance as they pass through our community and designating Barry Stock as the City representative, designated to work with the Camp Courage Wagon Train officials. Attac ent #1 ( % c lk . • 31 t'0 . V - r, 1 Camp Courage Wagon Train February 26 , 1990 City of Shakopee Attn : Barry Stock Assistant City Administrator 129 East First Avenue Shakopee, MN 55379 Re: 1990 Camp Courage Wagon Train Attn: Mr. Barry Stock As you are aware, the route has changed for the 1990 Camp Courage Wagon Train since last fall when we first wrote to you. We will be having a lunch break at Murphy' s Landing on Wednesday, June 20 , from 11 :00 a.m. to 1 : 00 p.m. After this time we will travel through the City of Shakopee and continue on to Chaska for a layover day. With your assistance, we need to make the following arrangements . 1 . water for the animals - Arrangements need to be made with the Fire Dept . to supply a tank and water for the animals on the Wagon Train for the lunch break at Murphy ' s Landing . 2. Sheriff ' s Department - The Wagon Train will need assistance in crossing Highway 101 . 3 . Letter - We would appreciate a letter of approval from the City of Shakopee . 4 . Representative - In the past, we have found it helpful to us and the City to have a representative that is active in the community. This person would be a go-between for the City and the Wagon Train in assisting with arrangements . Since we, as the 1990 Trail Bosses , are volunteers for the Camp Courage Wagon Train it is difficult to take time off work to meet with people, therefore, most meetings must take place during the evening. One other possibility; we would like to have some sort of presentation to the Camp Courage Wagon Train at the gazebo in Murphy ' s Landing . We want the Minneapolis Star & Tribune to be present for pictures , etc . Would the City of Shakopee have an interest in participating in something of this nature? In the past, we have found that the communities that we travel through like to become involved in this way. Please let us know if you have any ideas . Thank you. Sincerely, Jack Marty & Diane Holmen 1990 C.C.W.T. Trail Bosses 3915 Golden Valley Road• Golden Valley,Minnesota 55422• (612)520-0545 IS.,L MEMO TO: Dennis Kraft, City Administrator (09Ale. FROM: Dave Hutton, Public Works Directo SUBJECT: Policy on Improvements Within Private Developments DATE: February 27, 1990 INTRODUCTION: Per Council directive, staff has researched and prepared a policy regarding improvements made by a developer outside the boundaries of the plat or project area. BACKGROUND: At the February 20, 1990 City Council meeting, the Council discussed a request from Heritage Development, Inc. regarding reimbursement for a sewer crossing on Vierling Drive that was required as part of the final engineering plan approval for the improvements. This particular sewer crossing was actually beyond the plat boundaries of Heritage Place 2nd Addition. The City Council denied the request based on the fact that this issue was not resolved up front and covered in the Developer's Agreement. The Council further directed staff to develop a policy on this for future developments and to discuss this with the City Attorney prior to formulating a policy. The City Attorney and staff have discussed this and have determined that since a Developer's Agreement covers mainly those lands within a development boundary, the City should not be requesting improvements that extend beyond the boundaries of the plat and are of no benefit to that development. Obviously, if a development needs to extend beyond its platted boundaries to obtain service, such as sewer and water, it will be allowed and paid for entirely at the developer's expense since they would be the ones that would request the improvements and benefit from them. As is the case now, the developer has the option to petition the City to make the improvements if more than one property benefits in order to assess all benefitted properties. Therefore, the City Attorney feels that the best policy is that staff will not be requesting any such improvements beyond the project limits for future developments. This policy is already somewhat in effect based on the fact that all of the requirements of the subdivision ordinance apply to only those lands within the platted lands. / 4 To clarify the situation, staff is proposing to add specific language to the Subdivision Ordinance to that affect. This ordinance will be thoroughly reviewed and extensively updated within the next 1-2 years once the Comprehensive Plan is updated and once a full time City Planner has been hired. Staff is proposing to make the revisions to this ordinance on this issue at that time. Legal Counsel does not feel that any action is required on the Council's part at this time, since staff will be following these requirements on any future subdivisions. If any unusual situations come up on future subdivisions they can be handled individually via negotiations on the Developer's Agreement. ACTION REQUESTED: Move to concur with the City Attorney's position that developers not be required to extend public improvements beyond the project limits of new plats. DH/pmp PRIVATE ii , 344 MEMO TO: Dennis Kraft, City Administrator / FROM: Dave Hutton, Public Works Directo .V.e�/ SUBJECT: Street Light on Shawnee Trail DATE: February 27, 1990 INTRODUCTION: Per Council directive, staff has obtained an estimate from the Shakopee Public Utilities Commission for installing a street light at the end of the cul-de-sac on Shawnee Trail. BACKGROUND: In November, 1989 the City Council received correspondence from the Board of Directors from the Shakopee Village Homes Assoc. requesting that a street light be installed at the end of the cul-de-sac on Shawnee Trail. The City Council directed staff to obtain an estimate from the Shakopee Public Utilities regarding the cost to install this street light. To provide additional background information, the City of Shakopee has adopted the policy to pay for new street light installations. Contrary to several Councilmember's belief, Shawnee Trail is actually a dedicated City street rather than a private street. The City of Shakopee is doing all maintenance on this street, not the Homeowner's Association. Therefore, if the City Council approves of the request from the Homeowner's Association, the cost of installing the street light would be borne by the City. Staff has received a response from Shakopee Public Utilities indicating that the cost to install the street light would be $1, 065. 00. The Finance Director has indicated that the funds for this type of project would come from the General Fund Contingency. There is no way to realistically budget for these type of citizen requests. ALTERNATIVES: 1. Authorize the appropriate City staff to inform Shakopee Public Utilities that the City of Shakopee requests that a street light installed at the end of Shawnee Trail for a total cost not-to-exceed $1, 065. 00. 2 . Deny the request. ACTION REQUESTED: Discuss this request and move the appropriate action. TO: Dave Hutton, Public Works Director FROM: Lou Van Hout, Utilities Manager RE: Streetlighting Estimate, Shawnee Trail DATE: 2/13/90 In answer for your request for an estimated cost to install a street light at the cul-de-sac at the end of Shawnee Trail , the estimated cost is $1 ,065 . 00 for total of material , labor and equipment . This estimate is based on our waiting to install the light after Spring thaw, as the wire is intended to be placed underground. - hakopee Village Homeowners Association, Inc. / 3 Al P 0 31 SiNgaigiiigNMAli • Shakopee, Minnesota 55379 November 14, 1989 .. TO: City of Shakopee 129 E 1st Av. Shakopee, MN 55379 FROM: The Board of Directors Shakopee Village Homes Assn. POBox 31 Shakopee, MN 55379 SUBJECT: Request for a street light to be installed at the North end of Shawnee Trail by the cul de sac There was unanimous support at a recent Shakopee Village Home Assn. residents' meeting for a street light. The area that a street light is requested for presently is very dark at night. The closest street light is approximately one block to the south. There are no street lights in the vicinity to the north, east or west of the cul de sac. The area is adjacent to the railroad track. Due to the darkness in the evening the cul de sac area: 1 . is dangerous for children and adults who have to get to their homes. 2. has been the area of vandalism. 3. has been used for late drinking get-togethers. 4. has been used as a lovers lane. 5. has been used as the starting point to speed south on Shawnee Trail. This is a 100% residential area with many young children. There are 25 families that would be more secure after the installation of this light. Herbert J HAFNER,' Pres. -- 331 Shawnee Trail Shakopee, MN 55379 (Additional information can also be obtained by contacting Bob Michels at Michels Accounting 445-8753) 3c v 5. /yes s:, / __.E SHAKOP VILLAGE •TOWNHOMES jj „x.../ EAST 4th AVE. A L North Q) N- LC) r) — _ Qt In M. = 00000 000o totto to t1Li-) VQ'' t V _ — • 349 S 330 347 H 328 _ 3 5 A 326 343 W 324 N322 341 E 339 E 320 337 T 318 335 R • 316 • 333 A 314 I 312 331 L . 329 327 310 308 306 304 `r"` °' NNN 'SO2 r) r7) r7) rn M n� 300 222 _ 1lrn — / 220 218 — o 0 o 0 0 0 0 ! 216 214 212 L,�,�/ T 210 l?�Qrte" st P Og 2 gp 06 ip o-V HfKt------- - 1 ( 204 202 Q 200 . e7 f/:1 ,- ,,-7c' L 1.1it' -4-7 CONSENT sogft 13 MEMO TO: Dennis R. Kraft, City Adm istrator FROM: Judith S. Cox, City Clerk RE: Appointment to Ad Hoc Downtown Committee DATE: February 28 , 1990 INTRODUCTION: At their regular meeting on February 20, 1990, City Council moved to nominate Duane Wermerskirchen to the Ad Hoc Downtown Committee. Pursuant to the City Council resolution on appointments to boards and commissions, it would be appropriate for Mr. Wermerskirchen to be appointed at this meeting. RECOMMENDED ACTION: Move to appoint Duane Wermerskirchen to the Ad Hoc Downtown Committee. JSC/tiv 13 K Memo To: Dennis R. Kraft, City Administrator From: Marilyn Remer, Personnel Coordinator Re: City Planner Position Date: March 6, 1990 Introduction At the January 16, 1990 meeting, Council authorized staff to advertise for the position of City Planner due to the resignation of Doug Wise. Background Advertisements were placed in metro area newspaper publications for the position of City Planner at the salary range of $28,833-38,444/yr. Minimum qualifications required a degree in planning or related field, four years of municipal experience and the ability to communicate effectively. Applications closed February 9, 1990. Twenty applications were received. Six candidates were interviewed on February 28-March 1 by Dennis Kraft, City Administrator, Barry Stock, Ass't. City Administrator and Marilyn Remer, Personnel Coordinator. Initially it was the consensus of the panel to hire a local candidate if possible. However, the pool of candidates was deemed unsuitable for one or more of the following reasons: 1. Salary requirements exceeded the City's pay range. 2. Less than four years municipal experience 3. A poor "fit" within our organization. A seventh candidate, meeting all the qualifications as advertised, is from Phoenix, AZ. A telephone interview was conducted with this candidate this morning and the panel unanimously recommends further interviewing of this candidate and is requesting authorization to negotiate with the candidate to fly the candidate to Minneapolis. The applicant has held the positions of Planner I and Planner II with the City of Phoenix for the past four years, has a Bachelor's and Master's Degree from the University of North Dakota and demonstrated the ability to communicate effectively. We were unable to reach the candidate yesterday to pre-arrange the telephone interview, therefore the applicant had one-half hour to prepare for the interview. The individual's professionalism and technical knowledge was very apparent. Also, this individual's salary expectations are consistent with the City's pay plan. The interview panel recommends that the City offer to pay 50% of the cost of airfare. If the candidate is the offered the job and accepts, the City will agree to reimburse 100% of the cost of the airfare. The panel recommends this alternative before rejecting all candidates and re- advertising. The cost of running the ad for one time in the Star Tribune and the St. Paul Pioneer Dispatch is approximately $340.00. Due to the extremely low number of applicants responding to this vacancy and several candidates having current salaries that exceed the City's pay range, it may be necessary to make an adjustment to the pay range of City Planner to successfully compete with the metro market. Staff checked with Particular Tours and received quotes for available airfares ranging from $314 to $359, weekend rates to $470-$800, regular rates. Staff recommends the City Council authorize initial reimbursement up to $200 for airfare expense. If the candidate is offered and accepts the City Planner position, the total airfare expense not to exceed $400 shall be reimbursed. Alternatives 1. Move to authorize staff to reimburse the City Planner finalist initially up to $200 for airfare expense. If the candidate is offered and accepts the position the total airfare expense not to exceed $400.00 shall be reimbursed. 2. Reject all applicants and re-advertise for the City Planner position at the current pay range of $28,833-38,444/yr. 3. Reject all applicants and re-advertise for the City Planner position at an adjusted pay range with a top step of $40,444/yr. Recommendation Staff recommends Alternative No. 1. Action Requested - �- Move to authorize staff !fie reimburse the City Planner finalist initially $200.00 for airfare expense. If the candidate is offered and accepts the City Planner position, the total airfare expense not to exceed $400.00 shall be reimbursed. ' 3 -es Memo To: Dennis R. Kraft, City Administrator From: Marilyn Remer, Personnel Coordinator Re: Resignation of Planning Intern Date: March 2, 1990 Introduction Janelle Szklarski was initially hired August 14, 1989 to fill a four- month Planning Intern position. Council action of November 21, 1989 extended that position for 4 months to April 14, 1990. Background Since the resignation of Planner Doug Wise, January 26, 1990, Janelle has been doing an excellent job covering the Planning Department in an "Acting" Planner capacity. Janelle has accepted another position and is resigning employment with the City effective March 16, 1990. At the January 16, 1990 meeting, Council directed that the title of Planner I be changed to Assistant Planner. As part of previous staff reorganization, the Community Development Director position was abolished. The Planning Department was tentatively to consist of a City Planner, an Assistant Planner and a parttime Clerk Typist II and the 1990 budget has the appropriate funding for such staff. Staff is requesting Council authorization to advertise for the filling of the Assistant Planner position at the salary range of $24,552-32,736 as defined by the 1990 pay plan. The City has been utilizing planning interns since July, 1987. This fills the City's needs on a short-term basis, but is neither time nor cost effective over the long run. Typically an "Internship" is a work program filled by an advanced college student needing to gain supervised practical learning experience before acquiring a degree in a professional position and are usually of a 3-month duration. Services performed by an individual in such a work study program are excluded from unemployment eligibility. In actuality, these college intern programs rarely fit the City's schedule, therefore the individuals being hired as Interns are "Temporary" employees. The Personnel Policy provides that a temporary employee is appointed for a period not to exceed one year. These temporary employees then qualify for unemployment compensation. The previous two Planning Interns have drawn unemployment compensation after completing their internship with the City of Shakopee. Recommendation The Comprehensive Plan is soon to be completed, the zoning ordinance will need updating and the busy construction season is soon approaching. These activities, along with the day-to-day planning activities, create a real need for consistency in the Planning Department, therefore staff is recommending the addition of a fulltime Assistant Planner. Action Requested 1. Move to accept the resignation of Janelle Szklarski effective March 16, 1990 with regrets. 2. Authorize staff to initiate the hiring process for an Assistant Planner at the salary range of $24,552-32,736. I March 1, 1990 Dennis Kraft City Administrator City of Shakopee 129 1st Avenue East Shakopee, MN 55379 Dear Dennis: Consistent with our conversation earlier this week, I will be terminating my employment with the City of Shakopee to take a job with the City of Elk River. My last day of employment will be March 16, 1990. Please let this letter serve as my notice. Sincerely, 91}tAiLL-/ Janelle Szklarski Planning Intern CONSENT / 5/#1) MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Valley Industrial Blvd. North DATE: February 27, 1990 INTRODUCTION: Attached is a contract extension agreement with the City's consultant, Orr-Schelen-Mayeron & Assoc. , Inc. to provide engineering services for Valley Industrial Blvd. North. BACKGROUND: On February 20, 1990, the City Council of Shakopee held a public hearing and subsequently ordered plans and specifications prepared for street improvements to Valley Industrial Blvd. North (VIBN) . This project consists of complete street reconstruction. Staff is requesting Council permission to utilize the City's consultant, Orr-Schelen-Mayeron & Assoc. , Inc. to provide the engineering services on this project. Currently the engineering Department staff is working on the design of the Lewis Street Reconstruction Project and would be unable to work on VIBN for 1- 2 months. By that time, the construction season will be resuming and all of staff time will be devoted to the field inspections of the numerous projects, both from last year and this year. In order to have VIBN constructed during the 1990 construction season, it is essential that OSM complete the design portion of this project. Attached is the contract extension agreement from OSM indicating that they will provide the required services for this project at their hourly rates with a maximum estimated total amount of $25, 000. 00, based on a set attached Scope of Services. These services consist of all surveying, engineering design, and assistance during construction. ALTERNATIVES: 1. Direct the appropriate City officials to execute the attached extension agreement. 2 . Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1. I3 ACTION REQUESTED: Move to authorize the appropriate City officials to execute the attached extension agreement with Orr-Schelen-Mayeron & Assoc. , Inc. for professional services associated with designing Valley Industrial Blvd. North for a total estimated fee of $25, 000 . 00. DH/pmp SERVICES Orr i 3 • Schelen ` Mayeron& w� .l Associates,Inc. 2021 East Hennepin Avenue Minneapolis,MN 55413 February 23, 1990 612-331-8660 FAX 331-3806 Engineers Surveyors Planners City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Attn: Mr. David Hutton, P.E. Director of Public Works Re: Contract Extension Agreement Valley Industrial Boulevard North OSM Comm. No. 006990 Dear Mr. Hutton: As per our Agreement for Professional Services with the City of Shakopee, Section 1-A through 3-B (Major Projects) , this Extension Agreement is for the design of Valley Industrial Boulevard North, County Road 83 to Valley Park Drive, along with the necessary drainage facilities. Orr-Schelen-Mayeron & Associates, Inc. agrees to accomplish the attached Scope of Services for a fee not to exceed $25, 000. The City of Shakopee agrees to reimburse OSM for these services in accordance with Section IV of the Agreement for Professional Services. If this proposal meets with your approval, please sign below and return one copy to our office. We look forward to working with you on this project. Yours very truly, ORR-SCHELEN-MAYERQN CITY OF SHAKOPEE 775iATES, IN,� Mayor Robert D. Frigaard, P.E. Associate / ; —�` City Administrator -71 -st`�,. Fenton P.E. Vice President City Clerk RDF/EEF/cmw 02/90-cos.dh ENGINEERING SERVICES FOR VALLEY INDUSTRIAL BOULEVARD NORTH COUNTY ROAD 83 TO VALLEY PARK DRIVE SCOPE OF SERVICES A. DESIGN PHASE 1. Review and evaluation of the Feasibility Report prepared by the City. 2 . Necessary surveying work to complete final construction plans (easement work will be extra) . 3 . Review testing program and e.valuate borings (testing to be paid for by the City) . 4 . Final project design. 5. Preparation of design plans, specifications and bidding documents. 6 . Preparation of detailed construction cots estimate. 7. Prepare and submit necessary permit applications to regulatory agencies. 8 . Assist the City in advertising for bids and provide recommendations for award of contract. B. CONSTRUCTION PHASE 1. Provide required construction engineering services as follows: a. Periodic observations of the work in progress (once a week, 4 hours) . b. Preparation of supplementary drawings to clarify working drawings as may be needed. c. Review of shop drawings to determine compliance with plans and specifications. d. Review of necessary testing done by testing laboratories. e. Final inspection and report of completed project. 13/K) MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Scott County Transportation Coalition DATE: February 27, 1990 INTRODUCTION: The City of Shakopee's annual contribution to the Scott County Transportation Coalition of $10, 500. 00 is due. BACKGROUND: Since 1986, the City of Shakopee has contributed $10, 500. 00 to the Scott County Transportation Coalition for lobbying efforts associated with the three main transportation projects in Scott County, namely the Bloomington Ferry Bridge, the Shakopee Bypass and the Downtown Bridge and Mini-Bypass. All of the Cities within Scott County agreed to assist in the funding for the Coalition and the contribution by each City was calculated based on the percentage of County road apportionment within each City. For instance, Prior Lake's contribution is approximately $7,500. 00, Savage's contribution is approximately $5, 000. 00 and Elko's is approximately $1, 000. 00. The County's contribution is $25, 000. 00 per year. Other contributions are obtained from corporate sponsors, individuals and other taxing jurisdictions such as townships. The Scott County Transportation Coalition has an annual budget of approximately $50, 000. 00. Attached is a listing of the 1989 expenses for the Coalition for Council's information. Staff has also attached a summary of the 1989 activities of the Scott County Transportation Coalition. Because these three projects are still not 100% funded nor under construction, continued lobbying efforts are still necessary. The 1990 budget for the City of Shakopee has a line item under the City Council division for this expenditure. Council must decide if they wish to make this contribution this year. Also during the next budget preparation session, City Council must decide if they wish to continue contributing this amount or wish to change it to some other amount. ALTERNATIVES: 1. Direct staff to submit the payment to the Scott County Transportation Coalition of $10,500. 00 representing the annual contribution of the City of Shakopee. 2 . Direct staff to submit some other amount to the Scott County Transportation Coalition. 3. Do not submit any money to the Coalition. RECOMMENDATION: Staff recommends submitting the total amount of $10, 500. 00 to the Scott County Transportation Coalition. This is a budgeted item and the City has annually contributed this amount. Since the Coalition has prepared their 1990 budget based on receiving this revenue, staff feels that the City of Shakopee should pay the full $10,500. 00. If Council wishes to change this amount, they should do so during the next budget preparation stage and also inform the Coalition of the revised amount in adequate time for them to incorporate it into their next year's budget. ACTION REQUESTED: Authorize the appropriate City staff to pay the Scott County Transportation Coalition a sum of $10, 500. 00 representing the City of Shakopee's annual contribution to this organization. DH/pmp COALITION 1 ) ,,‘...,- ....., 3 ,v....., Scott County Transportation Coalition P.O. BOX 153 SHAKOPEE,MN 55379 1 MO IM.M MP MEMBERS OF THE COALITION: To: Dave Hutton, City Engineer ScottyBoard offCommissioners /From: Marilyn Hagerman, SCTC ,?." Re: 1989 Expenditures "'' Cities of: p Belle Plaine Date: 2/23/90 Elko Jordan New Market New Prague Prior Lake The Scott County Coalition budget is relatively simple. Below Savage is a listing of expenses for 1989 in general catagories. Shakopee Townships of: Administrative Staff $ 9,828.00 Belle Plaine Blakeley Public Relations/Newsletter staff 13,805.19 Cedar Lake Credit River Lobby Staff 18,000.00 Helena Jackson Postage/Mailings 1 ,832.21 Louisville Printing 49450.98 New Market St.Lawrence Office Expense 138.06 Sand Creek Mileage 258.48 Spring Lake Meeting/Dues 1 ,321 . 0 I1 Chambers of Commerce: 0 Prior Lake Mi scel . 332.89 Savage Shakopee TOTAL $51 ,360.66 Industrial Commissions: Prior Lake Shakopee Attractions: Canterbury Downs Race Track If further del ai l is needed please contact me. Murphy's Landing Little Six Bingo Renaissance Festival Valleyfair Family Amusement Park Ex-officio Members: Minnesota Department of Transportation Hennepin County Department of Transportation Metropolitan Council • SCOT COUNTY TRANSPORTATION COAL�''�ICN 1989 ACTIVITIES January 26 , 1989 - Scott County Transportation Coalition held their Annual Meeting. Main topic was the Bloomington Ferry Bridge. Very good attendance (turn-away crowd) . February 9 , 1989 - Mark Stromwall, Kay Schmudlach and Brad Larson met with other transportation coalitions and MN Good Roads to review 1989 legislative goals . February 15, 1989 - Burnsville I35W Crisis Council met on upgrading 35W between CSAH 42 and I494 . Bloomington Ferry Bridge to be one of their goals . February 16 , 1989 - Mark Stromwall, Brad Larson and Marilyn Hagerman attended the Burnsville Chamber of Commerce meeting with Senator Boschwitz . Also met with his Washington aide, Gordon Hoff . Senator Boschwitz pledges support for Bloomington Ferry Bridge . March 1-3 , 1989 - Good Roads Fly-in went very well . Attended by Brad Larson, John Boland and Mark Stromwall . Had various meetings with Congressional delegation members . March 11 , 1989 - Had booth at MN Valley Electric Cooperative Annual Meeting in Jordan. March 20 , 1989 - Met with Congressman Sabo' s aides , Mike Erlanson, Washington office and Elaine Kienitz of the Minneapolis office on the Bloomington Ferry Bridge project . March 30 , 1989 - Burnsville Capitol for a Day: Group met with Commissioner Levine and Governor Perpich. Concentration on I35W. Bloomington Ferry Bridge noted as relief to I35W. SCOTT COUNTY TRANSPORTATION COALITION 1989 ACTIVITIES March, 1989 - Approved Resolution of Support for the TH 169 project . April 17 , 1989 - An estimated 4 , 500 people attended the "Shakopee Showcase" . Coalition had booth illustrating the three major projects-TH 169 Bridge over Minnesota River, Shakopee Bypass and Bloomington Ferry Bridge . April 21 , 1989 - Mark Stromwall presented a certificate of appreciation to members of the work group that have been active. He thanked all concerned for their time and support. April 24, 1989 - Senator Durenberger was here for a Chamber luncheon at the Shakopee House. May 18 , 1989 - Canterbury Downs fund raiser May 19 , 1989 - Brad Larson spoke to Mankato Chamber of Commerce Transportation Committee to update them on projects . July 10, 1989 - Commissioner Levine Meeting: Attended by-Senator Robert Schmitz, Representative Bob Vanasek, Representative Becky Kelso, Representative Don Ostrom; Brad Larson, John Boland, Fred Corrigan and Commissioner Bill Koniarski from Coalition; Bill Crawford and Larry McNamara from Mn/DOT. Discussed Shakopee Bypass schedule and funding. July, 1989 - Bloomington Ferry Bridge was listed as top priority in Met Council ' s Task Force on Major River Crossings draft report. July, 1989 - Norbert Theis appointed to Regional Transit Board. SCOTT COUNTY TRANSPORTATION COALITION 13 1989 ACTIVITIES July 26 , 1989 - Met Council ' s Major River Crossing Task Force meeting. Brad Larson and Mark Stromwall attended. August 8-9 , 1989 - Transportation Study Board held a public hearing in Shakopee . Coalition sponsored dinner and program prior to evening hearing and breakfast/bus tour of projects the next day. August 10, 1989 - LeSueur Meeting: Almost all communities along TH 169 in southwestern Minnesota were represented. An estimated 70 people attended. Meeting with Mn/DOT officials to show support for constructing 4-lane Shakopee Bypass . August 28 , 1989 - Commissioner Levine held press conference in Shakopee to announce that the Shakopee Bypass will be built initially to four lanes . September 11 , 1989- Dave Hutton and Brad Larson met with Bill Crawford and Deputy Commissioner Doug Differt of Mn/DOT concerning scheduling/funding of Shakopee Bypass . October 3 , 1989 - Brad Larson spoke to members of the Shakopee Rotary on status of projects . Main emphasis on CSAH 18/Bloomington Ferry Bridge . October 3 , 1989 - Brad Larson and Mark Stromwall attended a New Prague Rotary meeting which presented a talk by Richard Braun for Mn/DOT Commissioner. October 5 , 1989 - Minnesota Good Roads (now Minnesota Transportation Alliance) Annual Meeting was attended by four Coalition members . SCOTT COUNTY TRANSPORTATION COALITION 1989 ACTIVITIES Fall, 1989 - Coalition named as ex-officio member of the I35W Council . December 13 , 1989 - Bloomington Ferry Bridge public hearing at Hennepin Technical College. Discuss project of CSAH 18 from Shakopee Bypass to I494 . December 18, 1989 - Brad Larson spoke to members of the St . Peter Rotary on status of projects . Main emphasis on Shakopee Bypass . GENERAL ACTIVITIES * Scott County Transportation Coalition Executive Committee/Work Group met officially 19 times during 1989 . * UPDATE, the Scott County Transportation Coalition' s newsletter was published 10 times throughout 1989 with an average circulation of 1 ,350 . R90528/TC3 01/29/1990 17) (4-) MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Expenditure Monitoring DATE: March 2, 1990 INTRODUCTION: At our last meeting several Councilmembers raised some concerns regarding the follow-up that occurred as a result of the cost overruns associated with the remodeling of the Shakopee Police Department. In the past two months, Council has also raised several other questions regarding financing practices currently employed by the City of Shakopee. BACKGROUND: Immediately following the occurance of the cost overrun associated with the Police Department remodeling, a meeting was held between the Finance Director, Police Chief, Building Official and the City Administrator. Specifically it was stated that in the future, prior to proceeding with any project that exceeded a budgeted amount, City Council authorization would be required. Department directors are to be responsible for insuring that expenditures do not exceed budgeted amounts. Furthermore, when such overruns are likely to occur, City Council will be informed prior to such acts occurring. During the last two months, City Council has brought up other issues regarding City financial issues such as having a formal attestation on the bottom of the bill list. Additionally, Council has had several questions regarding the fiscal disparities issue as it relates to the Racetrack District and also the current tax increment reserve fund. Other issues which may be of interest to City Council include budgeting controls currently in place and future techniques that may be of available in monitoring expenditures. In order to address these issues in a clear fashion, staff is recommending that City Council schedule a work session for 6: 00 P.M. on March 20, 1990. The purpose of the work session would be to explain in greater detail our current billing system and expenditure process as well as other issues such as tax increment financing reserve fund, tax increment districts and future accounting techniques that may be employed. ACTION REOUESTED: Move to schedule a work session for 6: 00 P.M. on March 20, 1990 to discuss budgeting and financial practices currently employed by the City. X13 , MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Employment Agreement DATE: March 2, 1990 INTRODUCTION: Several weeks ago the City Council discussed an employment agreement between the City and City Administrator. At that time the Council requested additional explanation on the terms of the agreement and how it relates to the present conditions of employment for the City Administrator. The requested information is being submitted to the City Council for consideration at this time. BACKGROUND: It is standard procedure for City Administrators and City Managers to have employment agreements with City Councils. The attached agreement is presented to the City Council for consideration/ adoption at this time. The following commentary relates to the various sections of the attached Employment Agreement. The comments are organized in the same manner as the employment agreement. Section 1 - There are no changes from the existing duties of the City Administrator. Section 2 - A. There is no change from the existing ordinance. B. A 30-day resignation notice is now required. This agreement provides for 45-days of notice unless both parties agree to a different length of time. Section 3 - A. The present ordinance provides for no termination pay other than unused vacation and prorata unused sick leave provided that proper notification requirements are met. The proposed agreement provides for 6 months of aggregate salary at the time of termination. This time period is consistent with agreements for many other managers and administrators in the metropolitan area including the Prior Lake City Manager and Savage City Administrator. Terms of termination for other metropolitan administrators and managers typically ranges from three months to one year. B. Presently the personnel rules provide for no restriction on salary reduction of the City Administrator vs. salary reduction of other 131' employees. This agreement ties the percentage salary reduction of the City Administrator to that of other employees, if in fact a salary reduction were to occur. This agreement also defines the term "termination" . Section 4 - No change from the present conditions. Section 5 - No change from the present conditions. Section 6 - This is generally consistent with what now occurs however it is specifically spelled out in the agreement. Section 7 - This is generally what now occurs but which is not spelled out. The intent of this section is to provide for training and education which will lead to professional growth. Section 8 - This is generally consistent with what now occurs. Section 9 - The present City Vehicle Policy (dated August 1, 1989 ; Resolution No. 3098) provides for the City Administrator to have a unmarked City owned vehicle for business and personal use. The attached letter from the City Attorney to the Finance Director indicates that "The City generally may not furnish City owned vehicles for private use by any employee. ". The Employment Agreement provides for an auto expense allowance of $300. 00 per month if a City vehicle is not provided to the City Administrator. If the City Attorney's opinion results in the nullification of Resolution No. 3098 the monthly automobile allowance provision would then apply. (The $300. 00 monthly rate is comparable to amounts paid to other top administrative positions in Scott County. The Stanton Survey of metropolitan area group 5 salaries and benefits for 1989 indicates a general range of automobile allowance amounts of $150. 00 to $500. 00 per month and an average amount of approximately $276. 00. Section 10 - The present policy does not specifically mention civic club memberships. In the past City Administrators have been encouraged to be members of certain civic organizations. I am presently both a member of the Shakopee Chamber of Commerce and the Shakopee Rotary. The City Council should discuss whether they think it appropriate that the City be represented in groups such as this by the City Administrator. /3P Section 11 - The present policy provides for 10 days of vacation for the City Administrator for the first 5 years of employment plus an additional 5 days as an exempt employee who attends additional meetings for a total of 15 days per year. The Employment Agreement provides for 20 days vacation per year. This is relatively consistent with what other administrators and managers receive and takes in to account the meeting schedule adhered to by the City Administrator. Section 12 - The sick leave benefits for the Administrator are the same as for any other City employee. Section 13 - This is essentially the same as that which applies for other City employees. Section 14 - This section contains general provisions which relate specifically to this agreement. In that other employees do not have employee agreements this would be applicable only for the employment of the City Administrator. ALTERNATIVES: 1 . Adopt the Employment Agreement as submitted. 2 . Amend the Employment Agreement as presented and adopt the Agreement. 3 . Take no action on this item. RECOMMENDATION: Alternatives #1 or #2 are recommended for Council action. ACTION REQUESTED: Move to adopt the Employment Agreement between the City of Shakopee and Dennis R. Kraft as City Administrator and authorize the Mayor and City Clerk to effectuate this Agreement. ) 319 EMPLOYMENT AGREEMENT AGREEMENT, entered into this day of 1990 by and between the City of Shakopee, Minnesota (hereinafter referred to as "City") and Dennis R. Kraft (hereinafter referred to as "the City Administrator") . WITNESSETH: WHEREAS, the City desires to employ the services of Dennis R. Kraft as City Administrator of said City; and WHEREAS, Dennis R. Kraft desires to accept employment in said position: NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1 . Duties The City hereby agrees to employ the City Administrator of said City to perform the functions and duties of City Administrator specified in State Statutes and City Ordinances and to perform such other legally permissible and proper functions and duties as the City Council from time to time shall assign. Section 2 . Term A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of the City Administrator at any time by a majority vote of the full Council, subject only to the provisions set forth herein. If such action should occur, the City Administrator may demand written charges relative thereto and/or a public hearing upon said charges before his termination shall take effect. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Administrator to voluntarily resign at any time from the position of City Administrator, subject only to the provisions set forth herein. In the event the City Administrator does voluntarily resign his position with the City, he shall give the City 45 days advance notice thereof, unless otherwise agreed by the parties. Section 3 . Termination and Severance Pay A. In the event the City Administrator is terminated for any reason by the City Council, and he is willing and able to perform his duties hereunder, the City shall pay the City Administrator a lump sum cash payment equal to six month' s aggregate salary at the time of his termination. 13 P B. In the event the City at any time during the term of this Agreement reduces the salary or other financial benefits of the City Administrator in a greater percentage than an applicable across-the-board reduction for all City employees, or in the event the City refuses to comply with any provision benefiting the City Administrator hereunder, or in the event the City Administrator resigns following a suggestion, whether formal or informal, by three-fifth' s of the City Council that he resign, then in any such event and at the City Administrator' s option he shall be deemed "terminated" as of the date thereof for the purposes of this section. Section 4 . Salary The City agrees to pay the City Administrator for his services rendered pursuant the adopted city pay plan. Section 5. Performance Evaluation The City Council shall review and evaluate the performance of the City Administrator on a periodic basis, but not less than once each calendar year, in accordance with specific criteria determined by the City Council, in consultation with the City Administrator. Section 6. Dues and Subscriptions The City agrees to budget and to pay the professional dues and subscriptions of the City Administrator necessary for his full participation in associations and organizations necessary and desirable for his continued professional growth and development. Specifically covered herein shall be the City Administrator' s dues to the International City Management Association, the Minnesota City Management Association and the Metropolitan Area Management Association. All other payments for dues and subscriptions hereunder must be approved in advance by the City Council . Section 7 . Professional Development The City agrees to budget and to pay all direct expenses incurred by the City Administrator for his attendance at conferences, meetings, seminars and other such occasions undertaken to continue his professional growth and development. Specifically covered herein shall be the national conference of the International City Management Association, the State conference of the Minnesota City Management Association and the State conference of the Minnesota League of Cities. Payment for all attendance at all other conferences, meetings, seminars and other such occasions must be approved in advance by the City Council. Section 8 . General Expenses The City recognizes that from time to time the City Administrator will, of necessity, spend personal funds to adequately fulfill the duties and functions of his position. In recognition thereof, the City agrees to reimburse the City Administrator for all such direct expenses, in accordance with guidelines established in advance by the City Council Section 9 . Automobile Expenses The City recognizes that the City Administrator will make extensive use of his personal automobile or a city provided automobile to adequately fulfill the duties and functions of his position. In recognition thereof, the City agrees to pay the City Administrator an automobile expense allowance of $300 per month, to be adjusted annually on January 1, if a city owned vehicle is not provided. Section 10. Civic Club Membership The City recognizes the desirability of the City Administrator' s participation in local civic and other community organizations. Payment for the dues and other expenses thereof by the City must be approved in advance by the City Council . However, nothing herein shall prohibit the City Administrator from joining such civic or other organizations at his own expense. Section 11. Vacation Leave For the purpose of this section only, the City Administrator shall receive vacation benefits in the amount of 20 days per year. Section 12 . Sick Leave The City Administrator shall accumulate sick leave and be paid for unused sick leave at the same rate as other City employees. Section 13 . Other Terms and Conditions of Employment A. The City Council shall fix such other terms and conditions of employment for the City Administrator as from time to time it may determine are desirable, provided such terms and conditions are not inconsistent with or do not conflict with the provisions of this Agreement. B. All regulations, rules and benefits of the City relative to terms and conditions of employment, as they now exist or hereafter may be amended, also shall apply to the City Administrator as they would to any other employee of the City, in addition to the benefits specifically enumerated herein for the benefit of the City Administrator. Such terms and conditions of employment shall include, but not be limited to, retirement and pension system contributions, holiday leave and coverage for )3 P health, dental, disability and life insurance. Section 14 . General Provisions A. The text herein shall constitute the entire agreement between the parties hereto. B. This Agreement shall be binding upon the inure to the benefit of the heirs at law and executors of the City Administrator. C. This agreement shall become effective upon adoption by the City Council. D. If any provision or portion thereof contained in the Agreement shall be held unconstitutional, invalid or unenforceable, the remainder of this Agreement shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement, both in duplicate, on the day and year first above written. EMPLOYEE CITY OF SHAKOPEE, MINNESOTA By By City Administrator Its Mayor By Its City Administrator By Its City Clerk Approved as to form this day of , 1990 . City Attorney 15 P' EMPLOYMENT AGREEMENT AGREEMENT, entered into this day of , 1990 by and between the City of Shakopee, Minnesota (hereinafter referred to as "City") and Dennis R. Kraft (hereinafter referred to as "the City Administrator") . WITNESSETH: WHEREAS, the City desires to employ the services of Dennis R. Kraft as City Administrator of said City; and WHEREAS, Dennis R. Kraft desires to accept employment in said position: NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties The City hereby agrees to employ the City Administrator of said City to perform the functions and duties of City Administrator specified in State Statutes and City Ordinances and to perform such other legally permissible and proper functions and duties as the City Council from time to time shall assign. Section 2 . Term A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of the City Administrator at any time by a majority vote of the full Council, subject only to the provisions set forth herein. If such action should occur, the City Administrator may demand written charges relative thereto and/or a public hearing upon said charges before his termination shall take effect. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Administrator to voluntarily resign at any time from the position of City Administrator, subject only to the provisions set forth herein. In the event the City Administrator does voluntarily resign his position with the City, he shall give the City 45 days advance notice thereof, unless otherwise agreed by the parties. Section 3 . Termination and Severance Pay A. In the event the City Administrator is terminated for any reason by the City Council, and he is willing and able to perform his duties hereunder, the City shall pay the City Administrator a lump sum cash payment equal to six month's aggregate salary at the time of his termination. 131' B. In the event the City at any time during the term of this Agreement reduces the salary or other financial benefits of the City Administrator in a greater percentage than an applicable across-the-board reduction for all City employees, or in the event the City refuses to comply with any provision benefiting the City Administrator hereunder, or in the event the City Administrator resigns following a suggestion, whether formal or informal, by three-fifth's of the City Council that he resign, then in any such event and at the City Administrator's option he shall be deemed "terminated" as of the date thereof for the purposes of this section. Section 4 . Salary The City agrees to pay the City Administrator for his services rendered pursuant the adopted city pay plan. Section 5. Performance Evaluation The City Council shall review and evaluate the performance of the City Administrator on a periodic basis, but not less than once each calendar year, in accordance with specific criteria determined by the City Council, in consultation with the City Administrator. Section 6. Dues and Subscriptions The City agrees to budget and to pay the professional dues and subscriptions of the City Administrator necessary for his full participation in associations and organizations necessary and desirable for his continued professional growth and development. Specifically covered herein shall be the City Administrator's dues to the International City Management Association, the Minnesota City Management Association and the Metropolitan Area Management Association. All other payments for dues and subscriptions hereunder must be approved in advance by the City Council. Section 7. Professional Development The City agrees to budget and to pay all direct expenses incurred by the City Administrator for his attendance at conferences, meetings, seminars and other such occasions undertaken to continue his professional growth and development. Specifically covered herein shall be the national conference of the International City Management Association, the State conference of the Minnesota City Management Association and the State conference of the Minnesota League of Cities. Payment for all attendance at all other conferences, meetings, seminars and other such occasions must be approved in advance by the City Council. 131 Section 8. General Expenses The City recognizes that from time to time the City Administrator will, of necessity, spend personal funds to adequately fulfill the duties and functions of his position. In recognition thereof, the City agrees to reimburse the City Administrator for all such direct expenses, in accordance with guidelines established in advance by the City Council Section 9. Automobile Expenses The City recognizes that the City Administrator will make extensive use of his personal automobile or a city provided automobile to adequately fulfill the duties and functions of his position. In recognition thereof, the City agrees to pay the City Administrator an automobile expense allowance of $300 per month, to be adjusted annually on January 1, if a city owned vehicle is not provided for business and personal use as allowed by Resolution No. 3098. The auto expense allowance shall be set annually as a part of the budget preparation process. Section 10. Civic Club Membership The City recognizes the desirability of the City Administrator's participation in local civic and other community organizations. Payment for the dues and other expenses thereof by the City must be approved in advance by the City Council. However, nothing herein shall prohibit the City Administrator from joining such civic or other organizations at his own expense. Section 11. Vacation Leave For the purpose of this section only, the City Administrator shall receive vacation benefits in the amount of 20 days per year. Section 12. Sick Leave The City Administrator shall accumulate sick leave and be paid for unused sick leave at the same rate as other City employees as provided for in the adopted personnel policy. Section 13. Other Terms and Conditions of Employment A. The City Council shall fix such other terms and conditions of employment for the City Administrator as from time to time it may determine are desirable, provided such terms and conditions are not inconsistent with or do not conflict with the provisions of this Agreement. B. All regulations, rules and benefits of the City relative to terms and conditions of employment, as they now exist or hereafter may be amended, also shall apply to the City Administrator as they would to any other employee of the City, in addition to the benefits specifically enumerated herein for the /3 benefit of the City Administrator. Such terms and conditions of employment shall include, but not be limited to, retirement and pension system contributions, holiday leave and coverage for health, dental, disability and life insurance. Section 14 . General Provisions A. The text herein shall constitute the entire agreement between the parties hereto. B. This Agreement shall be binding upon the- -e and accrue to the benefit of the heirs at law and executors of the City Administrator. C. This agreement shall become effective upon adoption by the City Council. D. If any provision or portion thereof contained in the Agreement shall be held unconstitutional, invalid or unenforceable, the remainder of this Agreement shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement, both in duplicate, on the day and year first above written. EMPLOYEE CITY OF SHAKOPEE, MINNESOTA By By City Administrator Its Mayor By Its City Administrator By Its City Clerk Approved as to form this day of , 1990. City Attorney , 3 Q :-...,.. O O • O ;O c CD c 'w ..... 1--. 1-. H .H H H H H H H • • . . . • C) C .A .A w - 4" 4- 4- Cf y 4.0 C H H H W -4 N N N c ,--- N 0 0 N 0 ON O\ \JI n i- N O -4 4" 0co 0 0 0 0 Hri co 1-. O O\ H O O O O O c' I cr c.� .p O H 4" O O\ O O O I'i I-. Na O - - O N O O O IC I� t< O O 0 0 0 CO 0 CO CD CO 0 I H 1-, H H H H H H H H `S • O OOOO O O O H H > -. C H H H H H H H H C) 0 0 0 O O O O O O O 0 , CD r CO O -n iw 1-•• i.-• c 1--- w H 1 1 = t0 Ut 3 C' 0 w H vI H N 0 sw s CD t • O VD N 0 �J N 'J) Z (< O O W Co ui O\ O N w H `n .73 O -S Mi �-+ O O O vi V1 O H W --a Sy -+ O1) O CD 0 O O Jl \11 W O\ w Z C C) C �• C-) N CL Co b CD c+ rn CD CD it Iz 0 N C O 'C3 a H• 3 a 3 3 Gr) . CD ''h TS H• H H• H• w W ito N H cI• H• c+ c+ ct ''i GI CO H. Cl- 'c > 11--. I—E�4 N CD CD C H• 0 a x to •-< I� CO = = '1 �' �• � Z Z CD I CC I. . . tS c+ • 1-y C) n H icri N 0 CD CD c+ Cr-',' CONW n co ii ''i 'S IW N O _moi. a) 3 H H r--1 C_" b-+ cDN .s ZJ v 10� N . C) CD co CD N ^, Z' c =� c+ W W co Co co co w w W co C) 1✓ H+ H H H H H H H H i..3 W W W W W W W W W W .4., i� '- 4" w W W W w w W N H 0 "O \D OD -� O\ STI 0 V) O N < + Q,cN CD .:O 3 ''7 Z H CD CD cl m (1) rf)cc+ • O CD C0) CDCo '1 0 to O ,,, g, CDN 'i c+ -fi r• xi co H) CA 3 3 `+ < CD C) H• 1_, H• Z 0 W CD Z�+ CD Cl). c+ a H ••s U) c+ H m CO O CD O Cl) n 'K Cl) Z H. Cu ,i H N CO < R, 0 01 C: 0 .' 'S C.) H . C0 N \D co 0 CO N � c� O O\ O O\ . w H \n W O O ►-� O 0 0 -.4 0 VHi V1W O\ tT O JULIUS A. COLLET?, II LAW A.COLLER ATTORNEY AT 612-445-1244 1859-1940 2 1 1 WEST FIRST AVENUE SHAKOPEE, MINNESOTA 55329 February 26, 1990 ',� Mr. Greg Voxland, City Treasurer • Shakopee City Hall 129 East First Avenue Shakopee, MN. 55379 Dear Mr. Voxland: With specific reference to my letter to you under date of January 10, 1990 and the Attorney General's opinion enclosed therewith, you now inquire if a city employee may use a city furnished car to communicate between his home and his place of employment by the city. The answer to your latest inquiry depends on the facts of each individual situation. The City generally may not furnish city owned vehicles for private use by an employee. But, the City conceivably could and often does authorize such use by an individual when the situation calls for such. For example, members of the police and fire department, key personnel and others, the nature of who's employment occasionally calls for quick and emergency responses from the employees may, by specific authorization from either the Council or the Utility Commission,be authorized to use a city furnished vehicle to communicate between home of the employee and his work station. This must result from a real need for such authorization. Mere convenience of the employee would not constitute such a reason or need. In such limited use of such vehicle furnished by the City the value thereof to the employee must be determined and it would then have to constitute a part of such employees compensation and be subject to all benefits and burdens thereof including but not limited to withholding, etc. Should other specific clarifications be desired please contact me further. Very truly yours, Julius A. Coller, II Shakopee City Attorney JAC/nh copies to: Dennis Kraft, City Administrator Lou Van Hout, Utility Commission 3NSENT / 3 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: City Vehicle Policy DATE: February 27, 1990 Introduction Based on the attached information from the City Attorney, it appears that the City Vehicle Policy should be amended to preclude personal use of city vehicles. Background An Attorney General opinion released in October 1989 appears to prohibit the personal use of City vehicles. A review and clarification regarding commuting use of city vehicles by employees was requested of the City Attorney. See attachments. Based on the attorneys opinions, it appears that Council should direct staff to review and prepare a new vehicle policy, addressing the following points; 1. Prohibiting personal use of city vehicles. 2. Determining where a "real need" exists for commuting use. 3. Commuting use outside of City limits. 4. Provision of a monthly car allowance to certain employees. Action Move to direct staff to prepare a revised vehicle policy and bring back for Council discussion. P9.-- _,-----.7-7., CITY OF SHAKOPEE INCORPORATED 1870 „„ 129 EAST FIRST AVENUE, SHAKOPEE. MINNESOTA 55379-1376 (612)445.3650 (v, �.•'� r -t rX January 17, 1990 Julius A. Coller, II City Attorney 211 First Ave. West Shakopee, MN 55379 Dear Jack, Pursuant to your recent letter and the Attorney General's opinion that was attached, I understand that state statutes do not allow for personal use of City owned vehicles. This includes City Administrator, Police Chief or another employees of officers and further, personal use would include such trips as shopping, errands, etc. Is my understanding correct? Also, several employees use City vehicles for commuting use. This is driving from home to work and vice versa not to include other trips or destinations. If my understanding above is correct, is commuting use also not authorized by state statute? Sincerely, is / gg dtc: n3-, r , Finance Director CC: Shakopee Public Utilities Commission City Administrator The Heart Of Progress Valley JULIUS A. COLLER. II I 3 ,v JULIUS A COLLER ATTORNEY AT LAW 612-aa5 124a 1859.1940 211 WEST FIRST AVENUE SHAKOPEE. MINNESOTA • 553Z9 January 10, 1990CE3VP./1 1,111 1990 Mr. Greg Voxland �. ,.,. City Treasurer Shakopee City Hall 129 East First Avenue Shakopee, MN. 55379 Dear Mr. Voxland: Enclosed is a copy of the Attorney General's opinion which would indicate that the City cannot furnish a car for the private use of an employee. For particulars see the opinion. Very truly yours, (jr. Julius A. Coller, II City Attorney JAC/nh Enc. • RESOLUTION NO, 3,298 A RESOLUTION AMENDING THE CITY'S POLICY FOR CITY VEHICLES WHEREAS, the Shakopee City Council has determined that it is in the best interest of the City of Shakopee to formulate a policy to regulate the use of City owned/leased vehicles and private vehicles used for City business; and WHEREAS, the City Council desires to clearly convey this policy to City employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the Shakopee City Council does hereby adopt the City Vehicle Policy dated August 1, 1989 which shall be attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that Resolution No. 2466 is hereby repealed in its entirety. Adopted in 1444/2 session of the City Cou cil of the �• City of Shakopee, M,nnesota, held this /.fit' day of 1989 . . Mayor of the City of Shakopee ATTEST: / City Clerk Approved as to form this ___L__ day of ade7 , 1989. City A rney 13 14- CITY VEHICLE POLICY August 1, 1989 Vehicles owned or leased by the City of Shakopee are divided into three categories. These categories include (1) regular City -ehicles (2) commuting vehiclas and (3) the City Aditin' stra`or's vehicle. Further information and regulations for the three aforementioned categories of vehicles are provided below. Regular City Vehicles Regular City vehicles are those vehicles owned or leased by the City which are to be used for official business only. No personal use of these vehicles will be allowed except for the de minimus use such as a lunch stop between two business locations or other meal stops associated with City business. Employees shall use City vehicles when available for business use. Employees who use their personal vehicles for City business shall be reimbursed at the rate established by the U.S . Internal Revenue Service (IRS) . The City may require proof of insurance be provided by City employees using their personal vehicles . Communtinq Use Vehicles Certain City owned/leased vehicles may be assigned to employees for commuting use as well as official City business. These vehicles are used for commuting purposes so that they can be available for emergency responses and in other ways to best serve the interest of the residents of Shakopee. These vehicles are to be used for business of an official nature and for commuting use, except for de minimus personal errands between the workplace and the employee's residence. The City shall adhere to IRS regulations regarding the reporting of the commuting use of City vehicles . The following employees may be allowed to have access to commuting use vehicles: Public Works Superintendent Street Department Foreman Police Chief Fire Chief Building Inspector City Engineer City Administrator Vehicle The City Administrator is to be provide a City owned/leased unmarked vehicle for personal and business use. This use of the City vehicle is allowed anywhere that the City Administrator is conducting City business . Personal use of the City vehicle shall be restricted to the seven-county Metropolitan area, except as otherwise allowed by the City Council. When the vehicle is used for business use outside the seven-county Metropolitan area, de minimus personal use for meals, etc. is allowed. The Administrator shall kee a • The City shall adhere towritten log of all business mileage. reporting of the personal use oftheeCitytvehicleelative to the • , . S - 0 - V- 9 ' -s The following shall apply to all City vehicles used for use or use by the City Administrator. The taxable portionmoftthe employer-provided automobile shall be treated as paid annuallyon December 31. The use of City vehicles and personal vehiclesforCity use may be further delineated in a City vehicle drivers policy. All City vehicles, except the vehicle and those vehicles used for police Cltu Alms, sha tor p be unmarked and licensed in accordance with applicable a stae statutes. • • I TABLED FROM FEB . 6 , 1990 AND FEB . 20 , 1990 COUNCIL MEETING. PLEASE BRING THE REPORT FROM THE FEB . 6 , 1990 MEETING. / 1/ MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Directo1{-01.4"--- SUBJECT: Gravel Streets DATE: January 30, 1990 INTRODUCTION: Attached is Resolution No. 3187, which accepts the feasibility report for upgrading all gravel streets in urban Shakopee and adopts this report as a policy for staff to follow in future capital improvement plans. BACKGROUND: The City Council has on numerous occasions expressed a desire to upgrade all gravel streets within urban Shakopee by adding pavement and curb & gutter. In September, 1988 the City Council ordered staff to evaluate all gravel streets and to prepare a feasibility report on upgrading them. Attached is the completed report for Council review and consideration. Staff will discuss the major points of the report at the February 6, 1990 Council meeting. Basically, the report analyzed ,all gravel streets and unimproved right-of-ways within urban Shakopee. It did not address rural, gravel streets. The report further recommends which streets should be upgraded by adding pavement and curb & gutter and developed a 5-year plan for accomplishing this task. If Council concurs with the recommendations in this report, attached is Resolution No. 3187, which accepts the report and adopts it as 5-year Capital Improvement Plan. It should be pointed out that the report recommends holding a public hearing separately on each project prior to actually ordering it. At the public hearing, any proposed assessments would be discussed. Therefore, by adopting this report as policy Council is not actually ordering any construction projects, but simply providing staff with a 5-year planning guide that can be used on an annual basis to request projects. ALTERNATIVES: 1. Adopt Resolution No. 3187. 2. Deny Resolution No. 3187. I f 0- 3 . Table Resolution No. 3187 to request additional information or to direct staff to make revisions to the report. 4. Adopt Resolution No. 3187 with revisions to the report. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3187 which adopts the report on gravel streets and provides staff with long range plans for upgrading the recommended streets. Staff feels that these urban, gravel streets are an eyesore and a disgrace to Shakopee. They are extremely high maintenance streets and a constant source of citizen complaint regarding dust, unsightliness, rocks being thrown, etc. All other streets in Shakopee have been improved to the current City Standards at that time and the neighborhoods abutting those gravel streets should be able to enjoy the benefits of a paved streets, such as safety, better drainage, dust control, etc. as the rest of Shakopee. Since the report recommends conducting a public hearing on each project separately and analyzing the assessment strategies at that time, adopting this report will provide staff with a long range planning guide for requesting projects. ACTION REQUESTED: Offer Resolution 3187, A Resolution Accepting the Feasibility Report for Upgrading all Gravel Streets in Urban Shakopee and adopts this report as a policy for staff to follow in future Capital Improvement Plans and move its adoption. DH/pmp MEM3187 a RESOLUTION NO. 3187 A Resolution Accepting a Report For Upgrading All Gravel Streets Within Urban Shakopee WHEREAS, the City Council of Shakopee desires to upgrade all gravel streets located within urban Shakopee by adding pavement and curb & gutter, and WHEREAS, the City Council directed the City Engineer, Dave Hutton, to prepare a feasibility report on upgrading all urban, gravel streets, and WHEREAS, the report has been prepared by Dave Hutton, City Engineer, with reference to upgrading all urban, gravel streets by adding pavement and curb & gutter and this report was received by the City Council on February 6, 1990, and WHEREAS, the report develops a 5-year plan for upgrading the recommended streets and also recommends preparing a separate report and holding a public hearing for each project, prior to considering the improvements. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE 1. That the City Council adopts this report as a policy/plan for staff to use in requesting projects on an annual basis. 2 . Staff should use this report in preparing the annual capital improvements projects list for Council consideration. 3. The City Council will attempt to follow this 5-year plan without relinquishing the right to consider the improvements at a public hearing. 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 Iy b MEMO TO: Dennis Kraft, City Administrator / V Cm, FROM: Dave Hutton, Public Works Directo SUBJECT: Upper Valley Drainage Project Phase II, Project No. 1987-5A DATE: February 27, 1990 INTRODUCTION: Staff is requesting Council authorization to execute an agreement with the Minnesota Department of Transportation regarding the funding for Phase II of the Upper Valley Drainage Project and also requesting authorization to advertise for bids on this project. BACKGROUND: Phase II of the Upper Valley Drainage Project consists of that portion of the project from Fourth Avenue to the Mill Pond. As you recall, this portion of the project was separated from the main portion of the drainageway in order to continue to negotiate with the Minnesota Department of Natural Resources regarding the permits necessary for a trout stream. Since the recent ruling by the DNR to remove this area from their trout stream classification, all construction associated with the trout stream mitigation has been removed from the project. The design of this project is complete and it is ready for bidding and construction. Mn/DOT has reviewed the plans and finds them to be acceptable. Prior to awarding the contract on this project, the City of Shakopee must execute an agreement with Mn/DOT to cover the cost sharing portion of this project. Mn/DOT has agreed to pay approximately 14 . 6% of the Upper Valley Drainage Project. The project is estimated at approximately $581, 655. 00. The Mn/DOT portion of this is $84, 921. 00. In addition, Mn/DOT will be paying 8% engineering fees and a contingency amount for a total amount that Mn/DOT is willing to pay of approximately $100,715. 36. Attached is a copy of the Cooperative Construction Agreement No. 66680 between Mn/DOT and the City of Shakopee to cover the cost participation on this project. If Council does not have any problems with the agreement, attached is Resolution No. 3203 which authorizes the City of Shakopee to enter into such an agreement. Since the plans and specifications are completed, this project is ready for bidding. Mn/DOT has informed staff that the City can advertise and solicit bids for the project during the time that 134-/4� 1 the agreement is being executed, but the actual award of the project cannot be issued until the City has received a copy of the fully executed agreement from Mn/DOT. Attached is Resolution No. 3204 , which authorizes staff to advertise for bids on this project. The final plans and specifications are available in the Engineering Department for Council review. ALTERNATIVES: 1. Approve Resolutions No. 's 3203 and 3204 . 2 . Deny Resolutions No. 's 3203 and 3204 . RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: 1. Offer Resolution No. 3203 , Authorizing the City of Shakopee to Enter into an Agreement with the Minnesota Department of Transportation for the Upper Valley Drainage Project - Phase II (from Fourth Avenue to the Minnesota River) , Project No. 1987-5A and move its adoption. 2 . Offer Resolution No. 3204 , A Resolution Approving Plans and Specifications and Ordering the Advertisement for Bids for the Upper Valley Project - Phase II (from Fourth Avenue to the Minnesota River) , Project No. 1987-5A and move its adoption. DH/pmp PHASEII RESOLUTION NO. 3204 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For Upper Valley Drainage Project - Phase II Fourth Avenue to the Minnesota River Project No. 1987-5A WHEREAS, City Council ordered plans and specifications cn February 29, 1987, Bob Frigaard, Orr-Schelen-Mayeron & Assoc. , Inc. has prepared plans and specifications for the improvement of the Upper Valley Drainage Project - Phase II and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2 . The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertise- ment for bids upon the making of such improvements under such approved plans and specifications. The Advertisement for Bids shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10: 00 A.M. , on April 10, 1990, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, or their designated party, will then be tabulated, and will be considered by the Council at P.M. , or thereafter on , 19 , in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the order of the City of Shakopee for not less than five (5%) percent of the amount of the Bid. 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 B-. RESOLUTION NO. 3203 A Resolution Authorizing The City Of Shakopee To Enter Into An Agreement With The Minnesota Department Of Transportation For The Upper Valley Drainage Project - Phase II Fourth Avenue to the Minnesota River Project No. 1587-5A WHEREAS, the City of Shakopee will be constructing the Upper Valley Drainage System - Phase II, Fourth Avenue to the Minnesota River (Mill Pond) , Project No. 1987-5A; and WHEREAS, the drainageway is needed for the proper conveyance of storm water and to ensure the safety of Shakopee residents; and WHEREAS, the drainageway will benefit the Minnesota Department of Transportation for the drainage of the proposed T.H. 101 (Shakopee Bypass) scheduled for construction from 1990 to 1993 . WHEREAS, the City Council of Shakopee adopted Resolution No. 3132 on October 17 , 1989, A Resolution Authorizing the City of Shakopee to Enter Into An Agreement With The Minnesota Department Of Transportation For The Upper Valley Drainage Project - Phase II, From Fourth Avenue To The Minnesota River (Mill Pond) , Project No. 1987-5A; and WHEREAS, Resolution No. 3132 covered Agreement No. 66333 between the City of Shakopee and the Minnesota Department of Transportation; and WHEREAS, both the City of Shakopee and the Minnesota Department of Transportation mutually agreed to revise Agreement No. 66333 ; and WHEREAS, this Agreement has been revised and is designated as Agreement No. 66680 which supercedes Agreement No. 66333 . NOW THEREFORE, BE IT RESOLVED that the City of Shakopee enter into Agreement No. 66680 with the State of Minnesota Department of Transportation for the following purposes, to-wit: to provide for payment by the State to the City of the State's share of the costs of the storm sewer construction and other associated construction to be performed adjacent to Trunk Highway No. 101 approximately one-quarter of a mile east of County State Aid Highway No. 17 (Marschall Road) within the Corporate City limits in accordance with plans designated by the City as Upper Valley Drainage Project No. 1987-5A and by the State as State Project No. 7005-61 (T.H. 101=187) . IT BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized and directed to execute such agreement. 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 gTCLe TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1991 Budget Calendar (Tentative) DATE: March 9, 1990 June 8 Department Heads receive budget worksheets. Department Heads receive 4 month operating statements. June 25 Budget requests due back to Finance (budget at "needs" with required list of cuts) . August 1 City receives notice from State of aid/levy limit August 21 Council receives budget. Set Public Hearing dates - budget in total August 23 Budget worksession August 28 Budget worksession Sept 1 Certify proposed budget to County October 10 Certify special assessment to the county November 10 County mail tax/levy/budget hearing notice statements November 29 Public hearing on tax levy/budget December 28 Deadline for certifing tax levy to county. Deadline for certifing truth in taxation compliance to county. AS--A APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7 : 30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7 : 00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7:45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7: 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities Commission 1st Monday at 4 : 30 p.m. Shakopee Community Recreation 3rd Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Shakopee Youth Building Committee As Needed Name: 42'Y I_/ ..>-772 071 Address: /0( , /j?/�G'/���SUT/�" 57-- Phone: (H) 1/9- /BGG (B) How long have you been a resident of Shakopee? 177 Y IJ2 S Occupation: 'OGal- -AlN Does your work require you to travel? (check one) A great deal Periodically ( Very little Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use separate sheet if necessary) 7.711S7" /7 Y 0G1 ,0/ Uh :;-- ';.6 SK/L L S_ 19 Board or Commission in which you are interested? S i:•� `�: � `'C L./ l' !i, ! / .ti'e- (2(14l V '-r rr Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: A S T , L;��,�`," % .5- x'4/4_kr c .1 > -)c,/,/72171 ,4r 7/u%/77c ,HA 118 ,4 iii//// 42/6../ /T Yw TH 1i—S(, , = 1- 7--/4- ��/?� :'_' t-PY Tl' "WE* ;/ ('/1,; (% Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes No 2/- . If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address and Phone) : 1. J /,Li(-cam?: y N, /-/GL.-2'.7, /Cr'6'9 bREu, /6\• ; . gg -,P?// 2 . S/7i��i� i Sire'/.1i.iF) /zoo ? K/i?4?D 0 /4),1/.4 L).2 ) '9 -L /C,C' 3 . K)/dR,O,2b K,=)j5 i /3/4/62 c�.l) A;2iNe/.9,0) ' • ��s=�- Y4/ I hereby certify that the facts within the foregoing application aze true and correct to the best of my knowledge. A:11 (' Signature RETURN APPLICATION AND PLEDGE TO: / C/9O late City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 445-3650 DATE RECEIVED: 1 /St, law offices Phillip R.Krasso S Robert J.Walter? Dennis L.Monroe RAS Lachlan B.Muir Barry K.Meyer & James B.Croft Jay D.Goldberg Colleen M.Trende Mark J Moxnessx M /1r _\ ROE Orlin 0.Te Slaa chartered Trevor R.W'alsten Patricia A.Weller Diane M.Carlson "Certified Coil Thal Specialist and t.Also Admiued in Wisconsin x Also AdmiUed in California tCertified Real Property Law Specialid March 2, 1990 +Also Admitted in South Dakota Ms. Judy Cox City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Valley Health Properties Dear Judy: Enclosed please find a Satisfaction of Mortgage on the Valley Health Properties already signed by Marquette Bank, the trustee. The bonds on the Valley Health building have been paid off in full and that matter refinanced. Would you please request authority from the City Council to have the Mayor and yourself execute the Satisfaction, have the signatures notarized and return it to me for filing. Thank you. Very truly yout2 KRASS &/MONRDE HARTERED i (! Philtip R. Krass -Attorney at Law PRK:mlw Enclosure APR 0 01990 >, , t.v,-A p e. Action Requested : Authorize the proper city officials to execute the Satisfaction of Mortgage on the Valley Health Properties , dated March 1 , 1990 . I SATISFACTION OF MORTGAGE KNOW ALL BY THESE PRESENTS, that a certain Mortgage Loan Agreement dated March 1, 1983, made by Valley Health Properties as Obligor and F & M Marquette National Bank as Trustee, and the City of Shakopee, recorded in the office of the County Recorder in and for Scott County, Minnesota on March 31, 1982, as Document No. 186177, is, with the indebtedness thereby secured, fully paid and satisfied, and the County Recorder of said County is hereby authorized and directed to discharge the same upon the record thereof, according to the statute in such case provided. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed on this 1St-- day of , 1990. MARQUETTE BANK MINNEAPOLIS, a national association By: 7J C( xlcu( . Its: Cc ,, , By: ter— rt• C Its: (='z- '2-1',07717.- LLtc:;'f- CITY OF SHAKOPEE By: Its: Acting Mayor By: Its: City Clerk 1 STATE OF MINNESOTA ) ss. COUNTY OF 1416r ru?p ) On this day of ila rc, , 1990, before me personally ppeared m .a • and SONY 4-. Coh_ce, , the (crpnra J('u C I c.2f and (cy e , ,/4f—rf-4-,(GCof MARQUETTE BANK MINNEAPOLIS, a national association under the laws of the U.S. of America, on behalf of the association. BRENDA L. MEDCELL 141 NOTARY PUBLIC—adNNESOTA MENNERNIANTY wCOM11.Expires Oct 18, 1995 r Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 1990, before me personally appeared and , the and of the CITY OF SHAKOPEE, a municipal corporation under the laws of the state of Minnesota on behalf of the corporation. Notary Public This Instrument Drafted By: KRASS & MONROE CHARTERED 327 So. Marschall Road, Suite 300 Shakopee, MN 55379 (612) 445-5080 -2- Wqty T/rinriaj IT T T T -11Ia■I■ ■ 4. i _ & :*NIII RECREATOWI 0 J T TTAT ° ,- � It1t1 1 1 T. eet. ': Lai! weedA = n it leek a aim. Ara wp LI j JOINTLY SPONSORED BY: School DistTi/ LU I I and ! i City of Shakopee I I I f I , revro t I I I II I + i f I II 129 Levee Drive Shakopee, Mn. 55379 612-445-2742 1- j ,sem HISTORICAL BACKGROUND Shakopee Community Recreation has been a cooperative venture in public recreation by Schools District *720 and the City of Shakopee since 1954. A Board of appointed Citizens meets on a regular basis and establishes a road map for the department to follow. A small staff guides activities. School and City facilities are utilized. An army of volunteers functions as the heart of the department. ACTIVITIES Over 200 activities were administered through this department in 1989. Some were one time events such as the popular Shakopee Showcase. Some were ongoing throughout the year such as gymnastics. Most were seasonal and of a short term basis such as Grade 5-6 Basketball. Some activities are administered by paid staff such as Adult Exercise. Most activities are possible because of our corps of volunteers. Activities offered in 1989 included: Mens Basketball Girls 9th Basketball NYSC Training (10) Pool Sp. Events(17) Pick up Basketball Jr. Boys Baseball Picnic Res. (128) Family Pool Passes Mens Broomball Midget Baseball Rollerskate Trip (3) Individual Pool Exercise Class (4) Mickey Mantel BB Jr. Girls Softball Pass Adult Touch Football Baseball Tour. Midget Softball Hershey Track Meet Square Dances Pee Wee Baseball Pee Wee Softball Diet. Track Meet Square Dance Lessons Near Ball Shakopee Showcase Teen Broomball Tour Church Softball Ball Skills (5) Outdoor iceskating Tennis Camp (2) Softball Prac. Sch. Tee Ball Kemps Skate Derby Volleyball Camp Softball Tour. 's (8) 3/4 Cheerleading (2) Ski Club Disney Trip Womens Softball 5/6 Cheerleading (2) Ski Lessons Cross Country Co-Rec Softball Shrine Circus Trip Ice Skate Lessons Archery Umpire Clinics (3) Dog Obedience (4) Snowmobile Instr. Gun Training Mens Volleyball Flag Football Mite Soccer 7/8 Volleyball Womens Volleyball 5/6 Football Sandlot Soccer Youth Wrestling Y. Basketball Tour(2) 7/8 Football Halloween Party 7/8 Wrestling Boys 3/4 Basketball Happy Birthday Par. Swim Lessons (38) Boys 3/4 Basketball Wacky J. B. Day Boys 7th Basketball Playground Carnival Boys 8th Basketball Splash Party PARTICIPATION TOTALS Boys 9th Basketball Wave Pool Trip Basketball Camp (3) Family Fun (5) BB Shooters Camp (4) Ad. Golf Lessons (5) aC TAowanda t Girls 3/4 Basketball Jr. Golf Lessons Girls 5/6 Basketball Gymnastics (18) / 'r Girls 7th Basketball Hockey ris-----------..--- Girls 8th Basketball Hockey Practices Over 7, 400 Shakopee Citizens were r directly served in 1989. * Some were involved in one activity. 16_ _Others were participants in several. PARTICIPANTS YEARLY TOTALS 1985 16, 928 t0 1986 20, 608 1987 26, 973 1988 26, 781 1989 28, 037 ( *) Includes 750 participants from surrounding area outside City Limits. pds 1ot� Md7 lade !4 / 1989 HIGHLIGHTS Shakopee Showcase. . . This annual community gathering featuring exhibits of most of the community non profit organizations moved to Canterbury Downs Race Track for the first time. This was necessitated because of overcrowding at the previous site, the Shakopee Sr. High School. Over 4, 700 citizens passed through the various aisles of exhibits, entertainment, and opportunities for activity registering. Affiliation National Youth Sports Coach's Association. . . All coaches now receive training through this program. Shakopee was honored as being a leader nationally in this effort. Continued Growth. . . Participation numbers continue to grow in most activities indication interest and satisfaction for what is offered. This has occurred in spite of budget constraints which has not allowed any addition of new staff in years. Networking. . . Shakopee Community Recreation works real hard in working with other agencies with similar objectives. Active liasonships are kept with county and regional park groups and the Minnesota Recreation And Park Association. Shakopee Community Recreation worked cooperatively with Shakopee Chamber of Commerce, particularly in its sponsorship of the Community Festival, 'Derby Days'. Constant close relationships were maintained with Shakopee Service Organizations, most of whom regularly provide funds for community recreation. Shakopee park development has been greatly enhance because of 'this. The Shakopee Coalition, a local entity that provides an ongoing format for community cooperation was brought into existence by Shakopee Community Recreation years ago and has been nurtured by Shakopee Community Recreation ever since. Auxiliary Agencies. . . A number of special interest groups operate under the umbrella of Shakopee Community Recreation. Their independent nature provides a certain amount of freedom for making things happen that probably would not otherwise occur. Their fund raising capabilities are outstanding. Because of their volunteer efforts, thousands of dollars of donated goods and services are provided, not only for their own special activity, but also elsewhere such as Shakopee Schools. Some of these groups are: Prairie Squares, Basketball Association, Youth Baseball/Softball Association, MAT Club, Adult Softball Association, Football Association and the Hockey Association. Volunteer Participation Most of the activities sponsored by Shakopee Community Recreation would not exist if it were not for the outstanding efforts of an army of volunteers that continually step forward. In 1989 the total number of volunteered hours amounted to 15, 739 hours. Si-- / 1987 FINANCIAL REPORT 1988 FINANCIAL REPORT REVENUE EXPENSE REVENUE EXPENSE City 49,300 Salaries 128,000 City 48,160 Salaries 141,740 Scrod 49,300 Supplies 25,000 School 48,160 Supplies 17,436 Fees 66,300 Cap.Equip 200 Fees 64,008 Cap.EquIP 5,325 Total 164,000 Total 163,200 Total 160,308 Total 164,500 REVENUE REVENUE FFEES EES W ""i/ES/1"N y,LNwc��ac w an MMEii \\ \ —,--,. OAPI ALM µr . rin \\ P P L leg MI ' dCM00l ut �Ow00L Ks eos EXPENSE EXPENSE 1989 FINANCIAL REPORT REVENUE EXPENSE City 49,371 Salaries 1 501336 School 49, 371 Supplies 28I 989 Fees 82 8 3 9 Cap.Equip 0 Total 181 ,381 Total 179,325 REVENUE FEES 48% ............. SALARIES/BEN 84% \ 1::-.-1-........:.-:•.;1::::.:11->,.--17 \ \ vcAp 0I T%A L/E CITY SUPPLIES 27% SCHOOL 18% 27% Funding EXPENSE The City of Shakopee & Shakopee Schools each provide approximately 27% of the funds used by Shakopee Community Recreation in 1989. Donations, fees, & charges created the other 46%