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HomeMy WebLinkAbout12/18/1990 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: December 14 , 1990 1 . Attached is the Police Newsletter for City Council review. 2 . Attached are the November 5, 1990 minutes of the Shakopee Public Utilities Commission Meeting. 3 . Attached is the January calendar of Upcoming Meetings. 4 . Attached is the Revenue and Expenditure Report as of 11-30-90. 5 . Attached is a memorandum from the Finance Director regarding Workmens Compensation Insurance Renewal. 6 . Attached is a memorandum from the Finance Director regarding Background Information on Storm Drainage Fees. 7 . Attached is the Building Activity Report for November. 8 . Attached is the December 17 , 1990 agenda for the Shakopee Cable Communications Advisory Commission. 9 . Attached are the November 19 , 1990 minutes of the Shakopee Cable Commission Advisory Commission. MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Pubic Utilities Commission convened in regular session on November 5 , 1990 at 4 : 30 P .N. in the Utilities meetin room. MEMBERS PRESENT : Commissioners Kephart , Cook and Kirchmeier . Also Liaison Wampach, Manager Van Hout and Secretary Menden. Motion by Cook, seconded by Kirchmeier that the minutes from the June 4 , 1990 regular meeting, August 6 , 1990 regular meeting, September 4 , 1990 regular meeting, September 10 , 1990,adjourned regular meeting and October 1 , 1990 regular meeting be approved as kept . Motion carried. BILLS READ: City of Shakopee 20 ,032 . 00 ARA Cory Refreshment Services 104 . 00 A T & T 19 . 85 Alden Pool and Municipal Supply Co. 75 . 33 Aqua Engineering, Inc . 95 .00 Athmann Industrial Medical Supplies, Inc . 7 . 43 Auto Central Supply 5 . 53 Battery And Tire Warehouse, Inc . 63 . 56 R .W. Beck 5 ,931 . 46 Bentz Construction, Inc . 720 . 00 Bills Toggery, Inc . 826 . 75 Border States Industries, Inc . 12 , 940 . 95 Burmeister Electric Company 2 , 915 . 79 Brown Campbell Steel Corp. 190 . 00 Business Outfitters , Inc . 66 . 94 Consolidated Plastics , Company, Inc . 129 . 63 City of Shakopee 306 . 93 City of Shakopee 329 . 52 City of Shakopee 2 , 311 . 46 DPC Industries, Inc . 1 ,435 .81 Dan Routson Chev Pontiac Olds and Geo 32 . 00 Dicks Auto Repair 7 . 00 Dressen Oil Co. 102 . 46 Eye Physicians and Surgeons 70 .00 Fresco 191 . 64 Ray Friedges 132 . 21 General Office Products Co . 229 . 74 Glenwood Inglewood 25 . 11 Gopher State One-Call , Inc . 353 . 50 Graybar Electric Co . , Inc . 45 ,497 . 02 H & C Electric Supply 1 , 355 . 61 Hance Cable Testing 216 . 60 Jerry' s Lawn Service 271 . 00 Leef Bros . , Inc . 34 . 75 Locators and Supplies 16 . 44 Master Electric Co . , Inc . 3 ,000 . 00 McGrann Shea Franzen Carnival Straughn Chart . 3 , 903 . 75 Minnesota Municipal Utilities Association 150 . 00 Minnesota Valley Testing Laboratories , Inc . 32 . 00 Motor Parts Service Co. , Inc . 115 . 31 NAPA Auto Parts 40 . 90 Neenah Foundry Company 41 . 05 Ted Neisen 580 . 30 Northern States Power Co. 378, 542 . 70 Northern States Power Co. 332 . 32 Northern States Power Co. 894 . 96 Northland Electric Supply Co. 199 . 35 Otter Tail Power Company 156 . 46 Phil ' s Maintenance and Repair 82 . 30 Pitney Bowes 100 . 50 Reese Associates of Bloomington, Inc . 97 . 90 Reynolds Welding Supply co. 4 . 20 S .O.Ventures 881 . 57 Schoell and Madson, Inc . 147 . 51 Shakopee Public Utilities Commission 180 . 41 Shakopee Services , Inc . 43 . 46 Simon-Midwest , Inc . 533 . 05 Al Smith Excavating 220 . 50 Sport About 280 . 00 Sports Calendars 149 . 95 Starks Cleaning Services 102 . 00 T & R Service 110 . 00 U. S . West Communications 354 . 76 Lou Van Hout 59 . 52 Vision Energy Resources 12 . 05 Water Products Company 1 , 503 . 58 Westinghouse Electric Supply Co. 2 ,095 . 00 Woodhill Business Products 2,460 . 77 Yarusso' s Hardware Co. 32 . 05 Arthur Young 142 . 00 Motion by Kirchmeier, seconded by Kephart that the bills be allowed and ordered paid. Motion carried. A communication from Mayor Gary Laurent to President Kephart regarding a request from the Community Development Commission on action taken by the City Council regarding overhead lines was acknowledged. A communication from the State Health Department regarding testing of backflow preventors was acknowledged. Liaison Wampach gave his report . Mr. Mark Miller, Chairman of the CDC, Barry Stock, Assistant City Administrator and Charles Brandmire, CDC were present to discuss overhead lines versus underground lines in the Shakopee Public Utilities service territory. The pro ' s and con ' s of overhead/underground lines were discussed from a utility standpoint as well as an aesthetic standpoint . Mr. Miller felt the CDC could assist in resolving the needed route for a main feeder line to Co . Rd. 83, and suggested having a liaison set up between CDC and SPUC . Andy Shea and Kevin Favero, engineers , were present to discuss recent events in the Minnesota Valley Electric Coop. service area acquisition . Manager Van Hout reported on the wholesale electric rate increase proposed by Northern States Power Co. The original rate increase had been proposed for 12% The interim % negotiated is now 6 . 91 with an attempt to negotiate it down further in the future . Manager Van Hout reported that Northern States Power Co. has donated a microfiche reader to the Shakopee Public Utilities . Motion by Cook, seconded by Kephart to pay the School District #720 $5 , 000 . 00 as compensation for the easement granted for putting in Well #8 . Motion carried. Commissioner Kirchmeier abstained. Motion by Kirchmeier, seconded by Cook that the Shakopee Public Utilities Commission engage the firm of Jasper Streefland and Co . for the purpose of the 1990 audit . Motion carried. There were four fire calls for a total man hours of 2 hours and 55 minutes for the month of October, 1990 . There were no lost time accidents for October, 1990. Motion by Cook, seconded by Kirchmeier that the meeting be adjourned. Motion carried. There will be a special Shakopee Public Utilities Commission meeting on November 21 , 1990 at 4 : 30 P.M. The next regular meeting will be held on December 3, 1990 in the Utilities Meeting Room at 4 : 30 P.M. 66/) .6CtiV ► '^ ^►'� 7.'L L Barbara Menden, mmission Secretary . 3 January UPCOMING MEETINGS SUN MON TUE WED THU FRI SAT 1 2 3 4 5 New Years Day - City Hall Closed 6 7 8 9 10 11 12 4:30pm 7:00pm City 7:30pm Public Council Planning Utilities Meeting Commission 13 14 15 16 17 18 19 7:00pm 7:45am Committee Downtown of the Committee Whole - CC & PC 20 21 22 23 24 25 26 M.L. King 7:00pm City 5:00pm CDC Birthday - Council 7:00pm City Hall Meeting Energy & Closed Transport- ation 27 28 29 30 31 7:00pm Park & Rec. 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A 00 00 r r 0 O (O (O r 00W V000N 0)r(D U 0AA0rW 01 V U1 0 ONO—I(00-4m V(DW 0 r m D C co n Z co 00 0 0 C 0 Z O f-+ 0 m 0 cn m C)Z m m ti Z v D > V -i r- 1-4 - O - Om v O Z C rn -+ z m D p r N v A 0 M D M 0 ZC) C m .Z7 Co W 73 V - m Co D Z A C) Z • -4-i co C O O D r 3 '--I O -I Z C -4 73 <2 m D 73 H C) m m v v 0 C) z -4 cn - D O - W -17 CO .m 0 N W � r i--$ • D O r-� 0 Z • m N D N Ui :u O W D-1 cn rn C) -1 O O Ui C m cn D r 0 .- W --4 0 c ►- rn co W 0 r D f0 A A '-r A Z • C) D m C) m co W v W C) -4 N TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Workmens Compensation Insurance Renewal Informational DATE: December 10, 1990 The City has received the renewal notice for workcomp insurance through the League of Minnesota Cities program. The renewal premium deposit is $83,678 and will show on the January check list. The policy is a calendar year policy. The League program pays dividends back to the cities when it is able. It is a self insurance pool with the majority of cities participating. The program is stable and does not bounce in and out of the municipal market based on economic conditions. Based on previous Council support for the league program, staff is proceeding with the renewal. Tf 2 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Background Information on Storm Drainage Fees Informational DATE: December 11, 1990 Attached is the background information that was inadvertently left off of the memo on storm drainage fees for the Council meeting of 12/4/90. Council had requested that they receive this information for review. WHEN IT RAINS Shakopee plans to use a "new" technique to pay for the costs of managing storm water runoff - a Storm Drainage Utility . This leaflet is prepared to introduce you to this new utility and answer your questions. Why do we have a storm drainage system? Before people settled in Shakopee , the natural state of the land was rolling prairie and river valley covered with grass and trees . When it rained , the water soaked into the ground or flowed naturally to the rivers and streams. When people came tc Shakopee , they built homes, stores , offices , churches , and paved the land with streets , parking lots , and driveways . Now , when it rains , the ground cannot abscrb the water as easily , and more water flows off. As the development of the land continued , it became increasingly important to control the storm water. Storm drainage facilities had to be built, maintained , and renewed in order to: o Protect people o Protect property o Reduce insurance risks o Improve property values o Enhance the environment o Provide for safe traffic flow To control storm waters and receive these benefits, there is a cost. The proposed storm drainage utility will spread these costs to those who "create" the storm water runoff. What is a storm drainage utility? A storm drainage utility is similar to the familiar sanitary sewer utility. The fee is based on the amount of water that is aischarged into the system. For instance , a parking lot creates more runoff than a grass area the same size , so it pays a higher rate . Similarly , a large parcel creates more runoff than a small parcel, so it too pays a higher nt amount. In Int this way , the citizens of Shakopee will pay etnofibute" , f storm water in proportion to the amount of water they not on the value of their property. Why is a utility needed? Recent State legislation now requires Shakopee to take greater and earlier actions to protect water quality in our community than ever before . These actions will include forming a new water management organization (WM0) and developing regional and local plans to identify problems . Today , storm water costs are paid for using general tax money property taxes. These new costs, when combined with the nearly $30 ,000 . Shakopee must spend for doing storm drainage maintenance each year, represents a major expenditure of tax money. Shakopee must find a way to meet the rising costs in a fair and equitable manner, without adding additional burden to the property tax rolls . What's my share of the costs? The e:;pected quarterly fees in 1986 to various types of properties are shown below : PROPERTY TYPE QUARTERLY RATES Single Family Home $ 6 .64/lot Commercial $33 ,20/1ct $99 .60/acre Industrial $16 .60/lct $49.80/acre Undeveloped $0.00/lot Schools $16 .60/lot Parking Lot $33 .20/lot $99.60/acre Your initial storm drainage fee will be billed separately, ultimately the fee will be included on the same electric , garbage, water and sewer bill you receive each month. The City provides a credit system that reduces Your fee if you improve water duality or reduce the flow rate with onsite facilities . Please call the City Engineer' s Office at 445-3650 if you wish to discuss a reduction. What portion of the costs are paid by property owners? Currently, a citywide portion equal to fifty percent of the total construction cost is paid through citywide property taxes. The remaining fifty percent is paid through special assessments to the benefited property. This formula applies to both lateral and trunk storm sewer facilities in all cases except for new platted subdivisions which pay 100% of the storm sewer costs. Under the proposed storm drainage utility , the citywide portion would remain at 50% but it would be collected as a utility fee similar to your monthly sanitary sewer bill . This adds equity to the financing formula in two important ways. GO One , property with more hard cover and more runoff will share more of the storm sewer cost. Two . an additional percentont of fayed total costs will now be paid by tax exempt properties , no property taxes for the citywide portion in the past. The remaining 50% that was assessed to the benefited properties under the old formula will be financed in two ways. One , the specially benefited property will pay a 25% special benefit assessment (one-half the old rate) , but pay it on a user erafee and not an assessment. This reduction is required by Supreme 3ourt case law. The user fee is proposed because of equity reasons ang and two above. The remaining 25% will be paid for by Tax Increment Financing District proceeds (deferred taxes on new business) . How will by money be used? Shakopee is a changing community , and planning for the future as well as the present is extremely important. A storm drainage master plan will be developed and kept up to date to determine: o Where changes or repairs to existing facilities need to be made . o Where and when future facilities will be needed. ct lity of water in o What lakesmust the City do to and streams to meeteStateeanda our Federal guidelines. o Coordinated management of storm water flowing from Jackson and Louisville townships through Shakopee to the Minnesota River. o Part of City match for City storm sewer assessments. I want more information. The City Council plans to hold a public hearing on the Storm Drainage Utility on May 28 , 1985 at 7 :30 P.M. at the Shakopee Senior High Auditorium. You are invited to attend. Also, further information can be obtained by calling the Engineering Department at 445-3650 . • . .. . _ • . - - - - -- - - . _ _ •• ‘...... ',mi. ............--........... . 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Single Family-Sewered 5 81 5, 196,400 3 84 6, 000,265 Single Family-Septic - - - 222,000 2 15 1,965, 600 1 8 995, 000 Multiple Dwellings - - (6) (2 (# Units) (YTD Units) (-) (-) - 6) - Dwelling Additions 2 55 138, 690 - 72 293 ,921 Other 5 20 183 , 140 1 11 191,488 New Comm. Bldgs - 5 4,460,000 - 7 1, 568,700 Comm. Bldg. Addns. 1 5 1,891, 000 2 3 131, 000 New Industrial-Sewered - 1 11,972 , 000 1 1, 445, 000 Ind. Sewered Addns. - 3 1, 030, 600 2 4 45, 268, 637 New Industrial-Septic - - - - 1 172 , 000 Ind. Septic Addns. - - - - 2 170, 000 Accessory/Garages 3 37 227,299 - 42 257, 591 Signs & Fences 2 73 94,795 5 71 154, 241 Fireplaces/Wood Stoves - 10 21,755 6 19,900 - Grading/Foundation - 5 101, 000 11 1,407,920 Remodeling (Res. ) 2 22 106, 112 7 28 153 , 090 Remodeling (Inst. ) - - - - 1 97, 230 Remodeling (Comm/Ind. ) 6 38 2,614,975 7 42 2,831,419 TOTAL TAXABLE 26 370 30,003 ,366 28 395 61,282, 272 TOTAL INSTITUTIONAL - - - - 1 97, 230 GRAND TOTAL 26 370 30, 003 ,366 28 396 61,379,502 No. YTD. No. YTD. Variances - 3 - 6- 7 1 21 Conditional Use - - Rezoning - - - 1 Moving Electric 17 280 20 307 Plumbing & Heating 19 356 24 348 Razing Permits Residential - 2 2 1 1 - 2 Comm./Ind./Inst. - Total dwelling units in City after completion of all construction permitted to date 4 ,475 Jeanette Shaner Building Department Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN NOVEMBER, 1990 8837 Christ Lutheran Church 1053 Jefferson Stg Bldg. 3 , 000 8838 Dietrich Construction 723 West 1st Avenue Remodel 6, 000 8839 CertainTeed 3303 E. 4th Avenue Comm. 23 , 500 8840 Laurent Builders 2693 C. R. 79 Remodel 10, 000 8841 Zion Building Co. 257 Marschall Road Cooler 5, 500 8842 Attracta Sign 493 Marschall Road Sign 1, 800 8843 Michael Thompson 2110 Heritage Drive Remodel 2 , 000 8844 Laurent Builders Londonderry Cove Sign 200 8845 William Baumann 2601 Emerald Lane Deck 1, 240 8846 Laurent Builders 577 Londonderry Cove Pumphouse 10, 000 8847 CertainTeed Corp. 3303 East 4th Avenue Comm. 6, 000 8848 CertainTeed Corp. 3303 East 4th Avenue Comm. 14 , 000 8849 James Langbein 9050 Boiling Springs Ln Pole Barn 18, 000 8850 W. F. Construction 1901 Granite Drive House 78 , 000 L 4 B 2 Heritage Place 8851 B & D Development 1266 Diamond Court House 106, 900 L 25 B 5 Hauers 4th 8852 Logeais Homes 1929 Heritage Drive House 55, 000 L 4 B 2 Heritage Place 8853 Stubbs Building Movers 2187 E. Highway 101 Move In 28 , 200 8854 OSI Environmental 3900 E. Highway 101 Tank Removal 5, 280 8855 Amcon Corporation 711 C. R. 83 Comm. 4 , 000 8856 Michael Menke 1285 Diamond Court House 67, 000 L 31 B 5 Hauers 4th 8857 Richard Logeais 3365 Marschall Road Stg Bldg. 12 , 000 8858 Alice Scherer 306 E. 2nd Avenue Remodel 612 8859 Alan Dirks 1038 E. 1st Avenue Addn. 150, 000 7 8860 Parkos Construction 1010 W. 6th Avenue Catch Basin 11, 950 8861 Steven Pieper 2779 Jade Circle Deck 1, 000 8862 Gardner Brothers 1249 Ruby Lane House 82 , 400 L 3 B 2 Heritage Place 2nd 4.8 Tentative Agenda Shakopee Cable Communications Advisory Commission City Hall Council Chambers REGULAR MEETING December 17 , 1990 1 . Roll Call at 7 : 00 P.M. 2 . Approval of Minutes of November 19, 1990 3 . Action: Public Access Studio Staffing Alternatives 4 . Action: Public Access Studio Equipment Inventory and Analysis 5 . Action: Cable Franchise Deferral 6. Information Items A. Public Access Report (Verbal) B. Cable Administrator Report (Verbal) C. D. 7 . Other Business A. Next Meeting - January 28 , 1991 B. 8 . 'Adjourn Barry Stock Assistant Administrator City of Shakopee Proceedings of the Shakopee Cable Communications Advisory Commission Regular Session Shakopee, MN November 19, 1990 Chairperson Anderson called the meeting to order at 7 : 10 p.m. with Commissioners Anderson, Moonen, Harrison and Bastyr present. Commissioner Abeln was absent. Barry Stock, Assistant City Administrator; Mike Kazma, Amzak Vice President; Bill Lepley, Public Access Studio Manager, Roy McCarron, Amzak Chief Technician and Bob Ziegler, Public Access Corporation President were also present. Harrison/Bastyr moved to approve the minutes of the July 24 , 1989 meeting as kept. Motion carried unanimously. Mr. Stock stated that the Shakopee Community Access Corp. presently has a service contract agreement with New Frontier Productions to provide public access staffing. The agreement expires on April 1, 1992 . Mr. Stock stated that with the Cable Franchise deferrals expiring on April 1, 1991, he thought it might be appropriate to reevaluate the existing staffing plan for the Public Access Studio. Mr. Stock stated that technically the Shakopee Community Access Corp. provides the staffing for the Public Access Studio. Staffing of the facility is handled via an agreement between New Frontier Productions and the Shakopee Community Access Corp. The contract agreement sets for the responsibilities of the contractor, as well as a payment schedule for services rendered. At the present time, the contract provides an annual payment in the amount of $17 , 300 . 00 to the contractor for the services rendered. Funding for the- aforementioned contract arrangement is provided from Cable Franchise fees collected by the City of Shakopee. The Access Corp. bills the City of Shakopee a specified contract amount and in turn pays the contractor. In addition to the Public Access Studio service contract agreement, Mr. Stock noted that the Access Corp. has a separate agreement with the Cable operator. This agreement is called the Access Support Agreement. The Access Support Agreement also expires on April 1, 1991. The Access Support Agreement basically relieves the Cable Co. of all responsibilities relating to the Public Access Studio. In exchange for relieving the Cable operator of these responsibilities, the Cable operator agreed to provide certain financial remunerations to the Access Corp. including an annual $2 , 000 . 00 per year maintenance grant, the establishment and payment Minutes of the Page -2 Cable Communications Advisory Commission November 19, 1990 of a subscriber access fee in the amount of 250 per subscriber per month and the provision of the studio space and utilities at no cost to the Access Corp. The agreement also included insurance for the Public Access Studio and equipment against loss for their replacement value. Mr. Stock reviewed 7`wc staffing options Giith the Commission. He noted that first the Commission could recommend to the Access Corp. that the present arrangement with New Frontier be continued through April 15 , 1992 . Second, the Cable Commission could recommend to City Council that the City of Shakopee hire a full-time person to provide staff support in the area of public access, marketing and public relations . Mr. Stock stated that the Cable Franchise fee is generating in excess of $25, 000 per year. He noted that the Federal Cable Communication Act provides that all franchise fees collected must be allocated to Cable related activities. Mr. Stock noted that if this position were created that the individual might also be able to provide some assistance to the City in establishing a City newsletter and other public relation functions that the City generally undertakes. Commissioner Harrison questioned whether or not Mr. Lepley and Mr. Kazma were contacted regarding the full-time person staffing alternative. Mr. Stock responded in the affirmative. Mr. Lepley stated that he did not have a problem with the full-time staffing concept. He noted that his other business is doing quite well and that he would welcome the opportunity to work with the Commission to establish a full-time position. Mr. Kazma stated that he was also in favor of pursuing the full-time person concept. Commissioner Harrison questioned whether or not the City would take advantage of the position and assign the individual other tasks that were not Cable related. Mr. Stock stated that a job description would have to be developed to insure that the individual was not assigned too many tasks that were unrelated to Cable. Mr. Stock stated that he did believe that the individual would be responsible for assisting in the development of marketing materials and perhaps a City newsletter, as well as other public relations activities within the City. Mr. Stock stated that while these items were not exactly Cable related that there was a connection to the function of public access. Mr. Stock noted that this position would also be responsible for staffing the Cable Commission. Commissioner Harrison questioned whether or not there was adequate financial resources to provide continued maintenance and upgrade of the equipment. Mr. Stock stated that the Access Corp. has been collecting the subscriber access fees and $2 , 000 annual maintenance grant since 1985 . Mr. Bob Ziegler stated that at the present time the Access Corp. has approximately $19 , 000 in an account that could Page -3 Minutes of the November 19, -3 Cable Communications Advisory Commission be used for equipment. Mr. Stock also noted that if the Cable Franchise fees generated more monies than what were needed for the full-time position, they could be allocated for cable related capital equipment. Chairperson Anderson stated that Chaska presently has a full-time person that handles Cable . Mr. Anders^,n stated that he would like to have staff develop a job description and salary schedule, as well as a preliminary budget for the position that could be reviewed by the Cable Commission at their next meeting. Harrison/Bastyr moved to request staff to draft a preliminary budget, job description and pay range for the Committee ' s review at their next meeting. Motion carried unanimously . Mr. Stock stated that the Access Corp. is a non-profit organization that was formed to serve the citizens of Shakopee through the use of Cable Television Network, franchised by the City of Shakopee. During the past several years we have had a difficult time finding persons interested in serving on the Access Corp. Mr. Stock stated that he would like to suggest that the Cable Commission members consider being appointed to serve on the Access Corp. Mr. Stock stated that the Cable Commission members have a wide range of expertise in dealing with media related activities. Mr. Stock also stated that if the Cable Commission members were appointed to serve on the Access Corp. that the Access Corp. could meet briefly before the regular Cable Commission meetings to discuss public access business items. Discussion ensued with all the Cable Commissions present agreeing to submit applications for appointment to the Shakopee Community Access Corp. Mr. Stock stated that on March 19 , 1986 the Shakopee City Council approved Ordinance No. 192 . This ordinance formally amended the Cable Franchise Ordinance granting a five year extension of the franchise term and a five year deferment of certain activities which were originally provided by the Cable Co. The deferment included the following: 1. Pole rental fees. 2 . Public access and local programming equipment, support and funding. 3 . Institutional network capacity and services. 4 . Any other capital expenditures not specifically addressed by the franchise amendment. Mr. Stock noted that the five year deferral period terminates April 1, 1991. Mr. Stock stated that he has received a correspondence from Mr. Mike Kazma, Amzak Vice-president requesting that the Minutes of the Cable Communications Advisory Commission Page -4 November 19, 1990 provision in the Franchise Ordinance as it relates to the institutional network be amended to coincide with the service presently in place. Mr. Kazma has also requested that the Franchise Ordinance as it relates to Public Access also be amended to maintain what is already in place for the duration of the franchise term. Discussion ensued on the institutional network (INET; . Cor'mjs. cnr o.:nen questioned :ahethcr or not the institutions in Shakopee were aware of what actually exists in terms of technological capability. Mr. Stock stated that several years ago the INET was utilized by the School District and Womens Correctional Facility. Mr. Stock stated that he felt that the majority of the institutions were aware of the INET capabilities. He went on to state that generally in order to utilize the INET there were significant capital expenditures required on the part of the INET users for equipment. Mr. Stock stated that he felt this was one of the primary factors that were impeding the use of the institutional network. Commissioner Moonen questioned what is presently in place in terms of the INET that the Cable Operator is willing to continue to provide. Mr. Mike Kazma stated that at the present time there is adequate equipment available to provide two fully activated institutional network channels. Mr. Roy McCarron, Amzak Chief Technician stated that the INET did have the capacity to utilize 13 channels . Mr. Moonen stated that he was not sure he would be willing to commit to eliminating the majority of the INET capacity in terms of the Cable Co. ' s responsibility. He stated that he would be more acceptable to deferring this item for another five years. Mr. Moonen went on to state that there may be technology advances made that would make it more cost effective for the potential INET users to utilize the system. Chairperson Anderson questioned whether or not the Cable Co. had the appropriate insurance in place. Mr. Kazma stated that to the best of his knowledge the insurance as stated in the Access Support Agreement was in place. He stated that he was checking on the Public Broadcasters Liability Insurance to make sure that it was in place. Discussion ensued on the status of the equipment in the studio. Mr. Lepley stated that he felt the majority of the equipment in the studio was on its last leg. He stated that he felt it was important for the Cable Co. to replace the majority of the equipment within the next three years. Mr. Anderson stated that he felt it would also be appropriate to consider changing some of the editing format capability within the studio to more modern methods. Commissioner Moonen stated that he was very concerned about the need to insure the future existence of the studio in terms of its equipment. He stated that he did not believe that there were adequate funds generated from the Access Support fees or the r Minutes of the Page -5 Cable Communications Advisory Commission November 19, 1990 $2 , 000. 00 studio maintenance fee to continue to operate the Public Access Studio in a manner that is in the best interest of Shakopee residents . Chairman Anderson suggested that Mr. Lepley complete an analysis of the existing equipment in terms of its condition and prepare a report for the Commissions consideration at their next meeting. Mr. Anderson stated that this information would be useful in determining what we should be requesting from the Cable Co. in exchange for the items they have requested. Mr. Lepley questioned whether there was anything in the Ordinance or the original proposal that referred to the Cable Co. ' s responsibility to provide an upgrade of the equipment in the studio at a specified time. Mr. Stock stated that there was nothing in the Ordinance regarding the Cable Co. ' s responsibility to upgrade existing studio equipment. However, Mr. Stock noted that there was quite a bit promised by the Cable Operator in terms of Public Access staffing support in the original proposal . Mr. Stock stated that the Franchise Ordinance is based on the proposal and therefore one could construe that the Cable Operator could be required to provide the staffing as set forth in the original proposal . Mr. Moonen stated that since we are relieving the Cable Co. of the majority of the staffing responsibilities, they should in turn allocate a certain amount of those funds that were suppose to be for staffing to equipment upgrade. Mr. Stock stated that he would double check the Franchise Proposal to determine if the Cable Co. could be held accountable for equipment upgrade. Harrison/Moonen moved to table action on the Cable Franchise Ordinance Deferrals pending further information from staff in regard to the status of the existing equipment and the potential user interest in the institutional network. Discussion ensued on the Cable Television System for the new City Hall facility. Chairman Anderson stated that he requested staff to place this item on the agenda for discussion. Mr. Anderson stated that since the City Council and Planning Commission meetings are the most widely viewed broadcast on the Public Access Channel, he felt it was important that City Council take the appropriate steps to insure that a quality television system is installed. All the commissioners agreed that this was a very important item that should not be overlooked by City Council . Commissioner Anderson stated that since the majority of the members on the Cable Commission have technical expertise in Cable Television and/or other media related fields that he thought it might be beneficial for the Cable Commission to assist City Council in this area if they were so interested. Commissioner Anderson stated that if the Commission did not object, he would like to draft a letter to City Council offering the Cable Commission' s assistance in developing an appropriate broadcasting system for the new facility. It was the consensus of the Committee that the Chairman should proceed in drafting the aforementioned letter for City Council ' s consideration. Minutes of the 6 Cable Communications Advisory Commission Page - November 19, 1990 Discussion then ensued on a Camcorder that is missing from the Public Access Studio. Mr. Lepley stated that the CamCorder was taken without authorization from the studio and subsequently stolen by a second party. Mr. Lepley stated that the incident took place in May. Discussion ensued. It was the consensus of the Committee that the Access Corp. should pursue this matter through Small Claims Court. this course of action is unsuccessful, it was suggested that the Access Corp. pursue relief from the contractor through Small Claims Court. Mr. Kazma then gave a brief Cable Administrator report. He noted that they are in the process of upgrading the convertor boxes from Gerold Equipment to Scientific Atlantic boxes. He expected the conversion process to be complete by midsummer. Mr. Kazma also noted that during the Mini By-pass construction, regional Channel 6 and the Weather Channel will be down. He noted that at the present time they receive the feeds from these two channels from Chaska. The line providing the feed will be removed during construction. Mr. Kazma also reported on the Midwest Sports Channel. He noted that he tried to negotiate several alternatives but was unsuccessful . Mr. Ken Skinnel, 1245 E. Shakopee Ave. , Shakopee Cable subscriber addressed the Cable Commission. He stated that he has been receiving reception problems on several pay channels. Mr. Skinnel noted that he presently received all the pay channels. Mr. Kazma explained that the problem that Mr. Skinnel is experiencing is unique since he receives all the pay channels. Mr. Kazma stated that the problem lies in the fact that Mr. Skinnel needs two converters. One Scientific Atlantic and one Gerold. Mr. Kazma stated that he has provided Mr. Skinnel with both cable boxes and that this should have resolved the problem. Mr. Skinnel stated that it did help but that he objects to having to pay the additional fee for the second cable convertor box. Mr. Kazma stated that he intended to have the second cable box provided free of charge. Mr. Kazma requested Mr. Skinnel to call the cable office in the morning and the second converter fee would be removed from his bill. Mr. Skinnel stated that this would meet with his satisfaction. Harrison/Moonen moved to adjourn the meeting at 9 : 00 p.m. Motion carried unanimously. Barry A. Stock, Recording Secretary TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA DECEMBER 18, 1990 Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2 ] Approval of Agenda 3] Resolution of Appreciation to George Muenchow - No. 3325 4] Liaison Reports from Councilmembers 5] Mayor' s Report 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 7] 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. ) *8] Approval of Minutes of Nov. 27th and Dec. 4th, 1990 9] Approval of Minutes of December 11, 1990 10] Communications: *a] Transportation Study Board re: upcoming meetings on the Draft Transportation Study Report b] Mr. Clifton French, Executive Director, Minnesota Recreation and Park Association, presentation of a Citation Award for "Shakopee Showcase" c] Rod Krass re: provision of legal services - on table 11] Public Hearings: None 12] Boards and Commissions: Planning Commission: a] Reserving Land For Public Facilities Near The Senior High - Ordinance No. 300; and Ordering A Feasibility Study For Drainage and Roadway Construction So. of The Senior High - Resolution No. 3326 b] Rezoning of Lots 1, 3 , 4, and 5, Block 1, Eagle Creek Junction 1st Addition - Ordinance No. 301 c] Amending the Park Dedication Requirements - Ord. No. 302 Energy and Transportation Committee: d] Refuse/Recycling Contract Amendment #4 TENTATIVE AGENDA DECEMBER 18, 1990 Page -2- 13] Reports from Staff: a] Appointment To Fill Expired Term On SPUC - tabled 12/4 *b] Surplus Equipment *c] Copier at Public Works - Res. No. 3324 *d; Police Officer Promotion e] Approval of Bills in Amount of $592, 580.23 *f] Electrical Inspector Contract for 1991 g] Budget Compliance Criteria *h] Proposal for Feasibility Study for Tahpah Park 14 ] Resolutions and Ordinances: a] Res. No. 3328, Adopting the 1991 Fee Schedule b] Res. No. 3329, Adopting the 1991 Pay Plan for Non-Union Employees 15] Other Business: a] Appeal from Decision of the Classification Appeals Committee b] (�n a,N� VivkmAA A 6.. 11 /r'J . c] d] 16] Recess for an Executive Session to discuss collective bargaining, acquisition of property for a new city hall, and contemplated litigation. 17] Re-convene 18] Adjourn Dennis R. Kraft City Administrator 44 2) RESOLUTION NO.332 5 A RESOLUTION OF APPRECIATION TO GEORGE F. MUENCHOW FOR OUTSTANDING AND DEDICATED SERVICES TO THE PEOPLE OF SHAKOPEE AS DIRECTOR OF SHAKOPEE COMMUNITY RECREATION PROGRAM FOR 33 CONSECUTIVE YEARS George F. Muenchow was named full time director of Shakopee Community Services in 1957 and in charge of, among other things, four park areas, one public school building and minimal community recreational program, and Under Mr. Muenchow' s direction this modes: beginning blossomed into nine community parks, a modern equipped swimming pool, miles of public trails, five public school buildings and a vigorous modern comprehensive recreation program. But even of greater contribution to the people of Shakopee, young and old, but especially the young, has been the man himself, George F. Muenchow, and all that he has stood for throughtout his tenure of office he has been a constant inspiration and role model for all and he possesses the rare ability and charm of getting close to those that he has worked with and all are greatly indebted to George for the privilege of being with him and a part of his life. THEREFORE, BE IT RESOLVED by the Common Council of the City of Shakopee on behalf of all the citizens and residents of the City of Shakopee and on its own behalf, hereby publicly express the deep gratitude and appreciation of all to George F. Muenchow for his years of dedicated and inspiring work to the people of Shakopee of all ages, and BE IT FURTHER RESOLVED that this Resolution of Appreciation be spread upon and become a part of the permanent minutes of the Shakopee City Council and that a signed copy hereof be presented to George F. Muenchow as a small but visible token of the City' s deep appreciation and gratitude for years of dedicated service, inspiration and guidance. 3• Passed in session of the Shakopee City Council held this day of , 1990. Mayor of the City of Shakopee ATTEST City Clerk Prepared and approved as to form this 31st day of October, 1990. OF Ammialiaill111111/ W:rmer City Attorney and •o-worker /rte_ U OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA NOVEMBER 27 , 1990 Mayor Gary Laurent called the meeting to order at 7 : 00 P.M. at the Jackson Town Hall with the following Councilmembers present; Joe Zak, Jerry Wampach, Steve Clay, Gloria Vierling, and Bob Sweeney. Also present were Dennis Kraft, City Administrator; Geoige Muenchow, Community Recreation Director; and Judith S . Cox, City Clerk. Sweeney/Wampach offered Resolution No. 3320, A Resolution of the City of Shakopee, Minnesota, Repealing Resolution No. 2370, A Resolution Establishing A Policy To Not Endorse Candidates For Appointment To Metropolitan Boards And Commissions, and moved its adoption. Motion carried with Cncl. Clay opposed. Wampach/Vierling moved to endorse Marcy Waritz for re-appointment to the Metropolitan Council representing District 14 . Motion carried unanimously. Sweeney/Wampach moved to endorse Norbert Theis for re-appointment to the Regional Transit Board representing District G. Motion carried unanimously. Mr. Kraft asked Councilmembers if they would like a comprehensive study prepared for a five year plan for the Fire Department and if they would like him to put together an outline for a study. Vierling/Zak directed the City Administrator to prepare a study design for a 5-Year Strategic Plan for the operation of the Fire Department. Motion carried unanimously. Mayor Laurent commenced the joint meeting with members of the Jackson and Louisville Township Boards. Present from Jackson Township were: Supervisors James Ramaker and Mark Luce; Treasurer, Earl Weckman; and Clerk, Rose Menke. Present from Louisville Township were: Supervisors Bill Dellwo, Marion Schmidt, Larry Quinnell ; and Clerk, James Theis. Mr. Kraft and Mr. Muenchow provided background on Shakopee Community Recreation including its inception, prior funding sources and future funding sources. Mr. Muenchow explained that Community Recreation has been responsible for programming, only. Funds for capital equipment, maintenance, and facilities have come from other sources. Mr. Muenchow explained that three years ago a user fee was authorized by the Recreation Board for townships residents within School District #720 . The fee was set at $3 . 00/person/activity/ season and was based on 10% of City ' s one-half of the recreation budget, because 10% of the participants were township residents. Mr. Muenchow went on to explain that the Community Recreation Board has made a recommendation to City Council to increase user fees for non-resident participants in 1991. This recommendation was made because township residents will no longer be participating in funding the recreational activities through their taxes to the Proceedings of the November 27 , 1990 Shakopee City Council Page -2- school district because the school district is discontinuing their funding for the recreational activities beginning in January, 1991. The increase in fees for township participants would help off set this loss proportionately for the number of township participants. Mr. Theis explained that Louisville Township has been approached by other cities for funding because their residents participate in recreational activities in a number of cities. Mr. Dellwo stated that he believes the activities are a social function and that they should be paid by users of these services and if people chose not to take advantage of them they would not indirectly subsidize them through their property taxes. Mayor Laurent stated that he would hate to have kids not be able to participate because of cost . Mr. Kraft stated that the purpose of the meeting was receive input from the townships to determine if they prefer individuals to pay or if the townships wished to pay for their residents. Mr. Theis stated that he thought that the fees should be paid by the users and not through township property taxes. Mr. Sweeney stated that since Shakopee has already budgeted for the recreation department for 1991, and since the townships have already set their budgets for 1991, that the townships consider participating beginning in 1992 . Discussion continued. Consensus reached included the City providing lists to the townships by February 1st of residents of the townships participating in activities the previous year; and, the Township Boards discussing participating in funding at their annual meetings in March. If the Township Boards decide on participating in funding, based on participation, they will pay their proportionate shares for 1991 from their 1992 budgets. Their participation will always be one year behind and be based on the previous year' s participation. For the year 1991, the $3 . 00 township user fee will remain in place and will be deducted from the 1991 bill, payable in 1992 . [EXAMPLE: 1991 Recreation Department Budget/Township Participation. The number of participants from the townships in 1990 will establish the percentage of the township ' s contributions based upon the City ' s ad valorem tax contribution. The number from 1990 will be used by the townships when adopting their 1992 budget in March of 1991. Payment for 1991, using the 1990 figures, will not be made to the City until 1992 . ] Mr. Luce asked if the Township Boards could be involved in the budgeting process for the recreation department in the future. Consensus of Councilmembers was that the Township Boards could be invited when the Recreation Department budget is discussed. 3 Proceedings of the November 27 , 1990 Shakopee City Council Page -3- Councilmembers agreed to meet as A Committee Of The Whole on Tuesday, January 15th, with the Planning Commission, for the purpose of discussing the Comprehensive Plan: 1990 - 2010. Mayor Laurent adjourned the meeting at 8 : 38 P.M. E'nL, Judith S . Cox City Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA December 4, 1990 Mayor Laurent called the meeting to order at 7 :00 p.m. with Cncl. Vierling, Zak, Clay, Sweeney and Wampach present. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Dave Hutton, City Engineer; Gregg Voxland, Finance Director; Karen Marty, City Attorney and Judith S. Cox, City Clerk. The following items were added to the agenda: 15a. Honorarium Money Approval (Consent item) . 15b. Recess for Executive Session. Sweeney/Clay moved to approve the agenda as amended. Motion carried unanimously. Clay/Wampach moved to recess for Housing and Redevelopment Authority meeting. Motion carried unanimously. Mayor Laurent reconvened the City Council meeting at 7 :05 p.m. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor' s report. Mayor Laurent asked if there was anyone from the audience who wished to address anything not on the agenda. There was no response. The following items were added to the Consent business: 13g - Dangerous intersection 13h - Snow and ice Control Plan 13i - Snow Plow Contract The following item was removed from Consent business: 13f - Towing Contract for 1991 & 1992 . Sweeney/Wampach moved to approve the Consent business as amended. Motion carried unanimously. Sweeney/Wampach moved to approve the minutes of November 20, 1990 . (Motion approved under consent business) . Mr. Richard Kavaney, attorney for Steven Hentges, was present to speak to the issue of the assessment of the liquidated damages on the Lewis Street Project. He said he feels that there were a number of issues that prevented Mr. Hentges from making the September 30 deadline. The number of rain days during this project were 16, plus a delay from the gas company for their work. He feels that Mr. Hentges was entitled to an extension of time due to these items. Mr. Hutton replied that the September 1 deadline was met which left only minor things left to be done and it was his Proceedings of the December 4, 1990 Shakopee City Council Page -2- feeling that the September 30 deadline should have been able to be met. It was the consensus of the Council to stand by their previous decision to not waive the liquidated damages on the Lewis Street Project. Sweeney/Vierling moved to receive and file the letter from Richard Kavaney dated 11/19/90 in reference to liquidated damages for the Lewis Street Project. Motion carried unanimously. Sweeney/Vierling moved to receive and file the letter from Bill Anderson in reference to Cable Commission Services in equipping the new Council Chambers with the appropriate equipment to insure quality live broadcasts . Motion carried unanimously. Dennis Kraft reviewed the proposed acquisition of certain territory by Shakopee Public Utilities (SPUC) that has been previously serviced by Minnesota Valley Electric Coop. He said it will add about 500 residential units to the SPUC service area at an initial cost of $787 ,000 . SPUC will make quarterly payments to MVEC for the next 10 years, totaling approximately $1. 6 million. It is their belief that they should be able to break even within 5 years. It will greatly benefit those residents of Shakopee who are currently purchasing their electricity from MVEC. Members from SPUC were present: Jim Kephart, Jim Cook, Barry Kirchmeier and Manager Lou Van Hout. Mr. Van Hout stated that SPUC will fund the acquisition, except that the City would not receive compensation from SPUC for the territory acquired for four years. He also explained that the new customers who will now be served by SPUC will pay a rate half way between what they are now paying MVEC and what current SPUC customers are now paying. After the acquisition is paid for, their rate will be reduced to that of all other customers in Shakopee. Vierling/Clay moved to Offer Resolution No. 3322 , A Resolution of the City Council of the City of Shakopee Implementing its Approval of the Acquisition of that portion of the Electric Service Area of Minnesota Valley Electric Cooperative Located Within the City of Shakopee, and moved its adoption. Motion carried unanimously. Vierling/Clay moved to table the Shakopee Public Utilities Commission Appointment. Motion carried unanimously. Judy Cox reviewed the request for a premises permit by Pheasant' s Preservation Inc. to sell pull-tabs at the Rock Spring Supper Club. She said everything seems to be in order and is in compliance with the new regulations regarding gambling. Mr. Fallenstein was present to discuss their goals. He said their goals are to reestablish the pheasants in certain areas by purchasing land and preserving it for that purpose. V December 4, 1990 Proceedings of the Page -3- Shakopee City Council Sweeney/Clay moved to amend the Resolution No. 3310 to reflect the renewal period through December 31, 1990 to January 31, 1992 . Motion carried unanimously. Vierling/Wampach moved to offer Resolution No. 3310, A Resolution of the City of Shakopee, Minnesota, Approving a Premises Permit for Pheasant' s Praservat?on, Inc. , as amended. Motion carried unanimously. Judy Cox reviewed the letter from Today' s Concepts requesting that the City look into revising their fees for licensing Massage Parlors. She said the City has contacted neighboring cities to see how their 1990 fees are compared to ours. Mr. Vohnoutka was present and asked the City to look into amending their fees to take into consideration the smaller businesses in the City. Discussion ensued with the consensus of the Council to take a closer look at the present ordinance and come back with some proposed amendments. Sweeney/Clay moved to direct staff to review model massage ordinances from other Cities and draft a new ordinance and bring it back to Council when completed. Motion carried unanimously. Sweeney/Wampach moved to authorize the appropriate City officials to enter into an agreement with the City of Bloomington for the boarding of impounded animals if the poundmaster becomes unable to do so. (Motion approved under consent business) . Mayor Laurent called a 10 minute recess at 8: 50 p.m. Mayor Laurent reconvened the City Council at 9 : 01 p.m. Cncl. Clay asked what the fee schedule would be for towing. Judy Cox answered that it would be pretty close to the previous bids received by Shakopee Towing. Clay/Wampach moved to authorize the proper City officials to enter into a contract with Shakopee Towing to tow and store vehicles for a two year period commencing January 1, 1991. Motion carried unanimously. Sweeney/Wampach moved to direct the City Administrator to contact the appropriate local and state officials to remedy the traffic safety hazard at the intersection of U.S. 169 and MN 300 near Shakopee Town Square Mall. (Motion approved under consent business) . Sweeney/Wampach moved to offer Resolution No. 3321, A Resolution Adopting a Snow and Ice Control Plan for the City of Shakopee and moved for its adoption. (Motion approved under consent business) . Proceedings of the December 4, 1990 Shakopee City Council Page -4- Sweeney/Wampach moved to authorize the appropriate City officials to execute the 1990-91 snow plowing contract with S.M. Hentges and Sons of Shakopee, Minn. (Motion approved under consent business) . Gregg Voxland reviewed the Storm Drainage Utility Fees and project funding. He said it was staffs, recommendation to keep the fees the same as last year. D4scussion ensued on funding for futzre Capital Improvement Projects. Consensus was to discuss funding for C.I.P. at a future time and to keep the Storm Drainage utility fees the same as last year. Vierling/Clay moved to approve the bills in the amount of $653 , 445 . 51. Motion carried unanimously. Dennis Kraft reviewed the 1991 Pay Plan proposed for Nonunion Employees. He said it was staffs recommendation to go with a 4% cost of living increase to bring the City more in line with the Compliance standards set forth by the Department of Employee Relations. Discussion ensued with Cncl. Clay recommending a 2 1/2% cost of living increase with position classifications that are not up to par in terms of comparable worth receiving a greater increase. Barry Stock suggested there were many alternatives such as adding additional steps which would create more potential for growth. It was the consensus of the Council to have staff come back with some other alternatives. Sweeney/Wampach moved to terminate the probationary status of Charles Fuller effective November 29, 1990 . (Motion approved under consent business) . Sweeney/Wampach moved to approve 128 hours of vacation carry over to 1991 not to exceed 90 days for Detective Gary Nosbusch. (Motion approved under consent business) . Sweeney/Wampach moved to authorize appropriate City Officials to execute the Eligible Certification and the Certification of Nondiscrimination Assurance in order that the City can make purchases through the State of Minnesota, Division of Federal Surplus Property. (Motion approved under consent business) . Sweeney/Wampach moved to authorize the Finance Director to issue a check in the amount of $150 .00 to each individual, for a total of $300 . 00 for honorarium for police sergeant interviews. (Motion approved under consent business) . Vierling/Clay moved to recess for executive session at 9 : 51 p.m. to discuss collective bargaining. Motion carried unanimously. Mayor Laurent re-convened the City Council meeting at 10 :05 p.m. No action was taken by the Council. Proceedings of the December 4, 1990 Shakopee City Council Page -5- Mayor Laurent adjourned the meeting to Wednesday, December 5, 1990 at 7 : 00 p.m. VAl& '0 . Judith S. Cox City Clark Carol Schultz Recording Secretary 7 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA DECEMBER 11, 1990 Mayor Gary Laurent called the meeting to order at 8 :03 a.m. with the following Councilmembers present: Joe Zak, Steve Clay, and Robert Sweeney. Absent were Councilmembers Gloria Vierling and Jerry Wampach. Also present were: Dennis R. Kraft, City Administrator; Karen Marty, City Attorney; and Judith S. Cox, City Clerk. Clay/Zak moved to approve the Special call of the Mayor. Motion carried unanimously. Zak/Sweeney offered Resolution No. 3323 , A Resolution Authorizing the Sale of Certain Real Estate Hereinafter Described to Daniel P. Routson and Teri L. Routson, Husband and Wife as Joint Tenants With the Right of Survivorship and Authorizing the Proper City Officials to Close the Transaction and Execute All Necessary Papers, and moved its adoption. Motion carried unanimously. Mayor Laurent adjourned the meeting at 8: 04 a.m. 411./ (3) . ?IP Ju�i eh S. Cox Ci Clerk Recording Secretary n •—• '''—' r\i'T kinJLI ' ..Y /OCL " • TRANSPORTATION STUDY BOARD �p\L6 DU,y0•. S Tom L. Johnson, Executive Director(612)296-7932 =)} Mary Beth Davidson, Administrative Assistant *18584 G-24 State Capitol, St. Paul, MN 55155 Executive Committee Sen. Keith Langseth Chair, Glyndon Rep. Henry Kalis December 9, 1990 Vice-Chair, Walters Kerry Van Fleet Secretary, Fridley Legislative Members Sen. Clarence Purfeerst Faribault The Minnesota State Transportation Study Board has Sen. Marilyn Lantry scheduled a series of important public meetings St. Paul throughout Greater Minnesota in order to obtain Sen. Lyle Mehrkens public input on the Board's draft "Study of Min- Red Wing nesota' s Surface Transportation Needs, " before this Rep. Jim Rice document is finalized and submitted to the Governor Minneapolis Rep. Bernie Lieder and Legislature. I would like to extend a personal Crookston invitation to you to join in this public discussion Rep. Sidney Pauly regarding the future of transportation in Minnesota. Eden Prairie The schedule for these meetings is as follows: TUESDAY, DECEMBER 18 Public Members Warren Affeldt Duluth Fosston Paul Bailey 9 :00 a.m. - 11:00 a.m. Minneapolis 3rd Fl . City Council Chambers, City Hall 411 W. 1st Fred Corrigan Prior Lake Moorhead Jack Fitzsimmons 1 :00 p.m. - 3 :00 p.m. Waseca Bernie Montero City Council Chambers, City Hall, 500 Center Ave. St. Paul Gladys Johnson THURSDAY, DECEMBER 20 Duluth Bill Koniarski Willmar Belle Plaine 9 :00 a.m. - 11 :00 a.m. ShermCletimatainen Municipal Utilities Building, 700 W. Litchfield Ave. Bruce Nawrocki Columbia Heights Mankato Abe Rosenthal 1 :00 p.m. - 3 :00 p.m. St. Paul Government Center, 410 S. 5th St. Robert Schlagel Marshall Pheene Zak Rochester Little Falls 7 :00 p.m. - 9 :00 p.m. City Council Chambers In addition, a public hearing will be held on Wednesday, December 19th from 9 :00 a.m. to 4 : 00 p.m. in room 123 of the State Capitol, St . Paul . Printed on recycled paper E. TRANSPORTATION STUDY BOARD ) D /0".i. r.:OU B• �• = ,Tp-.4 _ -46 Tom L. Johnson, Executive Director(612) 296-7932 =)a=. Mary Beth Davidson, Administrative Assistant '*isr G-24 State Capitol, St. Paul, MN 55155 Executive Committee Sen. Keith Langseth Chair, Glyndon December 10 , 1990 Rep. Henry Kalis Vice-Chair,Walters Kerry Van Fleet Secretary, Fridley Transportation Study Board Legislative Members Sen. Clarence Purfeerst AGENDA Faribault Sen. MarilynWednesday,lyn Lantry P St. Paul December 1 9 , 1990 Sen. Lyle Mehrkens Room 123 , State Capitol Red Wing Rep. Jim Rice Minneapolis Rep. Bernie Lieder Crookston 9 : 00 a .m. Call to Order Rep. Sidney Pauly Eden Prairie • Approval of Minutes • Testimony on draft final report Public Members Warren Affeldt Fosston Paul Bailey 12 : 00 Lunch Minneapolis Fred Corrigan Prior Lake Jack Fitzsimmons 1 : 00 p.m. • Testimony on draft final report Waseca Bernie Montero St. Paul Gladys Johnson 4 : 00 p.m. Adjourn Duluth Bill Koniarski Belle Plaine Sherm Liimatainen Cloquet RECOMMENDED ACTION : Bruce Nawrocki Columbia Heights Abe Rosenthal Move to receive and file . St. Paul Robert Schlagel Marshall Pheene Zak Little Falls Printed on recycled paper s + aty:DTA REC?(�41j / �‘N C? ASSOCi 'O,, PCO /04, - mmommmimm simmisimmm milimmmimme November 20, 1990 Mr. Mark McQuillan Shakopee Community Recreation 129 Levee Drive East STiakpee, MN 55379 Dear Mark: • Congratulations! The Minnesota Recreation and Park Association, Awards Committee, has selected your project to receive a 1990 Citation Award. This year, Citation Awards are being granted to nine communities. These communities and their projects are: City of Eagan, Park Ranger Explorer Program City of Mounds View, Silver View Community Park St. Paul and Ramsey County Parks Task Force Shakopee Community Recreation, Shakopee Showcase City of St. Paul, Mississippi River Boulevard and Kellogg Mall Park City of Brooklyn Park, Children' s Art Festival City of Roseville, Blooming Boulevard City of Minneapolis, Recreation Plus Please contact me if your community is interested in a presentation before your City Council , Parks and Recreation Commission, Park Board or other appropriate committee. A repre- sentative from the Awards Committee will b.1 happy to present the M.R. P.A. Citation Award in your community. The Minnesota Recrea- tion and Parks Association is pleased to add your project to the list of distinguished recipients during the past four years. Sincerely, 14-42V-42-Y1 Russell D. Fawbush Chair, M.R. P.A. Awards Committee RDF: jmf cc: Clif French Minnesota Recreation and Park Association•1111 Douglas Drive N.•Golden Valley,MN 55422 Phone: 612/544-1592 800-862-3659 /6 OI aI wprr Quit unitg lirrratiott 129 Levee Drive Shakopee, MN 55379 Phone: 612-445-2742 December 10, 1990 Mr. Tom Brock, Director of Operations Canterbury Downs 1100 Canterbury Rd. Shakopee, Mn. 55379 Dear Tom: • Just a brief verification of our conversation pertaining to your participation in the award ceremony to take place at the Shakopee City Council Meeting Tuesday, evening, December 18, 1990, starting at 7:00 PM. Sometime at the start of the meeting Mr. Clifton French, Executive Director of the Minnesota Recreation and Park Association, will formally present to Shakopee Community Recreation a plaque symbolic of the recognition received as a recipient of the Association's annual "Citation Award". This award is in recognition of the value received from the annual "Shakopee Showcase" event sponsored by Shakopee Community Recreation. Mrs. Paulette Rislund, Chairperson of Shakopee Community Recreation and Mr. Gary Laurent, Mayor Of The City Of Shakopee, together with yourself, will accept the award. Both of them were involved with Shakopee Community Recreation Staff in making a presentation during the application process several months ago. We hope that Mr. Mangiamele can accompany you at the meeting that evening so that both of you can be included in the acceptance team. One of the most important ingredients involved in this award is the public/private partnership situation that we have with Canterbury Downs. Enclosed will be found a copy of the current issue of Minnesota Recreation and Park Associations state publication "Keeping Up" where you will see on page 7 the statement pointing out the neat arrangement that Shakopee Community Recreation has with Canterbury Downs. Thanks again for your splendid leadership in helping to make this community event go so smoothly. Our department is already looking forward to April 15, 1991 for the conducting of the next Showcase. Sincerely, 0}jee•'?-(, `?- George F. Muenchow, Dir. Shakopee Community Recreation C.C. Dennis Kraft- City Administrator A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 Keeping Up page 7 — — — - - -- p Citation Award Winners continued fa ,- Shakopee Community l Recreation . i SHAKOPEE SHOWCASE -isc: 0` `` , The"Shakopee Showcase"is an annual community open house held the third __ Monday of April.It is a one-day.two-hour w t Via- :~ .. ._ extravaganza of exhibitions. demonstra- �� tions. presentations and informational _ booths for community residents to learnki �♦about what is available to them in !� ,i .j]:Shakopee, Minnesota. The "Shakopee r '• .•l Showcase"is unique in that it has brought .•' „sS' , (the community together to learn, share • • 4ideas. recreate and to socialize as a �. • ' + .. community. The "Shakopee Showcase" , , X , ;>� ( fwas held at Canterbury Downs to accommo- i f�. 1. date the nearly four thousand people that p•a• --7 come to this popular event. Shakopee F Community Recreation staff and Canter- l'ty 1 t ` bury Downs staff worked very well together ` if;-- 111/coordinating booth arrangements. crowd .ri — =11111111101.flow, security and special needs of the • =1, event. Shakopee residents were able to Ilearn what leisure time activities are avail- - �_ able to them.The"Shakopee Showcase" is a prime example of what can be t accomplished through a public and private -" partnership. Shakopee Showcase crowd scene at Canterbury Downs. St. Paul Mayor and City Council Minneapolis Park and City of Eagan—Parks and and Ramsey County Board of Recreation Board Recreation Department Commissioners RECREATION PLUS+ PARK RANGER EXPLORER ST. PAUL AND RAMSEY Recreation Plus+ is a Kindergarten PROGRAM COUNTY PARKS AND through sixth grade child care/recreation The City of Eagan has developed a new program sponsored by the Minneapolis and innovative approach to providing TASK FORCE Park and Recreation Board. Twenty-five security services in municipal park and The St. Paul Mayor. City Council. and neighborhood recreation centers with over recreation areas.This program.originally the Ramsey County Board of Commission- six hundred children participating, offer conceived in 1987,relies on the voluntary ers appointed a twenty-five member citizen full day child care during the summer. assistance of young men and women who committee, known as the St. Paul and school release and vacation days,as well wish to explore law enforcement as a Ramsey County Parks Task Force. Its as before school,morning care for kinder- potential career.Participants are members purpose was to develop a comprehensive garteners and after school program on of Explorer Post #568 which is affiliated plan for parks. open space, trails and school days. Recreation Plus+ is under- with the lndianhead Council of St. Paul recreation that could serve as a guide to written through parent fees a fee waiver and is managed under a joint partnership Ramsey County and the City of St.Paul for system for qualifying families and budgeted between the Eagan Parks and Recreation the next decade and beyond. The Task basis set of services.Instructor costs are Department and Police Department.There Force met over 30 times in a two-year reduced and families pay a minimal supply are approximately 25 students involved period and formulated. with the help of a and activity fee.Recreation Plus+is one of with the"Park Ranger Explorer Program," consultant ••A Plan for Parks. Trails and but few school aged child care programs ranging in ages from 15 to 21 years. The Open Space".This plan was presented at in the country that is sponsored by a program is viewed as a cost effective and a joint meeting of the St.Paul City Council Recreation Department. It provides safe. viable means for extending the patrol and Ramsey County Board of Commis- fun and affordable child care for capabilities of the Eagan Police Depart- sioners. The plan includes approximately Minneapolis children and their families. ment in municipal parks. During the past one hundred policy recommendations Recreation Plus+is a quality model which three years.the parks patrol program has pertaining to park system organization combines the need to service a critical logged over 6.000 hours and nearly 50.000 and administrative structure,open space, social need, child care, with accessible miles of patrol in Eagan's parks.As a result parks.trails and physical resources.Other recreation programs. of their work the frequency of observed recommendations deal with: recreation ordinance violations has decreased signi- programs,park operations,and financing. ficantly.The results have gone well beyond A primary recommendation was the esta- expectations to the extent the Park Ranger blishment of Park Commissioners for both Explorer Program is now considered a the City of St. Paul and Ramsey County. permanent and integral part of the Eagan This recommendation has been Police force. implemented. *ia c . MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Legal Relationship with Krass & Monroe Law Firm DATE: December 13 , 1990 Attached please find a letter from Assistant City Attorney Rod Krass relative to the future relationship of the City and Krass & Monroe. This letter was the result of a conversation that the City Attorney and I had with Mr. Krass and subsequent to the receipt of his letter City staff has held subsequent discussions. Mr. Krass indicates that it appears to him that the City is looking for prosecution back-up during those times when the City Attorney is unavailable and that City secondly would also periodically want civil legal work to be done which could not be done in house. Mr. Krass further indicates that in the past Krass & Monroe has had to turn down other opportunities to represent businesses individuals because of potential conflicts of interest with the City. If Krass & Monroe is to represent the City on an occasional basis in the future rather than a continual basis the volume of work preformed by Krass & Monroe for the City would be dramatically reduced. Therefore Mr. Krass indicated that his firm would be willing to provide occasional legal representation for the City of Shakopee provided they would not be precluded from representation of other parties who might some of whom might be on the opposite side of the issue from the City. For example, Krass & Monroe might represent a property owner involved in a condemnation action for the Shakopee by-pass or the mini by-pass. In the past Krass & Monroe have attempted to avoid those types of representations out of concern for their relationship with the City. Mr. Krass has also indicated that at the present time the City receives a substantial discount from the firm' s regular rates (we pay $75 . 00 per hour) . The litigation attorneys in Krass & Monroe bill at rates from $100 . 00 to $150. 00 per hour. Mr. Krass is indicating that Krass & Monroe would do work for the City at a rate which represents 80% of their normal attorney billing rates along with billing for out of pocket expenses and a $55. 00 per hour cost for para-legal assistance and law clerk work. In that this represents a change in the relationship between the City and Krass & Monroe which was prompted by the City' s hiring a full time City Attorney thought it necessary to bring this before the City Council . ALTERNATIVES: 1 . Direct the City Administrator to contact Mr. Krass and indicate the proposal he has made to us sounds reasonable. 2 . Determine some other relationship between the City and Krass & Monroe. / oma RECOMMENDATION: It is recommended that the City Council direct the City Administrator to contact Mr. Krass and tell him that the City is in agreement with the 80% of normal rate fee schedule proposed by Mr. Krass. ACTION REQUESTED: Move to direct the appropriate City officials to contact Mr. Phillip R. Krass and indicate to him that the City Council is willing to pay 80% of the normal fee for City Attorney time for occasional legal services performed by Krass & Monroe on behalf of the City of Shakopee. /au offices Phillip R.Krass** t Lachlan B.Muir Dennis L.Monroe RASS / James B.Croft Barry K.Meyer & Colleen M.Trende Jay D.Goldberg MON ROE Orlin D.Te Slaa+ Mark J Moxness x Patricia A.Weller chartered Trevor R.Walston Patrick J.Sweeney Diane M.Carlson Kathryn E.Kelby Murray R.Klane November 7, 1990 Amy B.Newman Randy B.Evans •Certified Civil ilial Specialist *Also Admitted in Wisconsin x Also Admitted in California +Also Admitted in South Dakota Mr. Dennis Kraft Ms . Karen Marty City Administrator City Attorney 129 East First Avenue 129 East First Avenue Shakopee, MN 55379 Shakopee, MN 55379 Re: Relationship of Shakopee with Krass & Monroe Dear Dennis and Karen: Thank you for your meeting with me on November 1. I have been wondering for some time what role, if any, the City Council intended for our firm under the new in-house council format. From our discussions and from the September 14 memorandum from Karen to Dennis you shared with me, it appears that the City is looking basically for two things: 1. Prosecution backup for those times when Karen is unavailable or on vacation. Assuming some reasonable notice, we can continue to provide such backup as we have a prosecutor at the courthouse on virtually a daily basis . We can continue to do this backup at our normal municipal prosecution rates. 2 . I also understand that the City may need some civil work handled that cannot be done in house and the thought apparently is that this would be primarily significant litigation matters where the time and support necessary do not exist in City Hall. Our firm has had a relationship with the City of Shakopee for the past 17 years . It is apparent that one way or another that relationship will change significantly under the new system. Under any circumstances, the volume of work you might propose to have us do is going to be significantly less than has existed over the past several years . This presents interesting challenges for us . Because of our relationship with the City, we have had to turn down opportunities to represent businesses and individuals with whom the City did or could have had a conflict. Such situations arose with some Reply to:Marschall Road Business Center.327 Marschall Road.P.O.Box 216.Shakopee.Minnesota 55379 THephone:(612)445-5080 FAX(612)445.7640 Southpoint Center.Suite 1100.1650 West 82nd Street.Bloomington.Minnesota 55431 rIblephone:(612)885.5999 FAX(612)885-5969 Mr. Dennis Kraft v Ms . Karen Marty November 7, 1990 Page -2- frequency and we always tried to make certain that there was neither any impropriety in our dealings, or even the appearance of impropriety. While we did a significant amount of work for the City, it made sense for us to forego other opportunities which could present or suggest a conflict. Economically, we are simply unable to continue to do that. Consequently, if our relationship is to continue, we need to have an understanding that our occasional representation of Shakopee will not preclude us from any other representation. That may mean occasionally dealing with the City on behalf of a developer or property owner. Wemay for instance agree to represent property owners involved in condemnations in the Shakopee bypass or the "mini bypass . " While these are not going to be City of Shakopee condemnations, they are precisely the type of legal actions we have attempted to avoid in the past out of concern for our relationship with the City. We are hopeful that the City Council will understand that we are a business, employ over 50 people and must make economic decisions just as the City Council does. Because the amount of legal work we would do for the City on a civil basis is going to be relatively minimal, we will not be able to bill that work at our municipal rate. Litigation attorneys in our office bill at rates ranging from $100 an hour to $150 an hour, my own billing rate being $150 . 00 . Handling litigation for the City at half my usual rate makes some economic sense when we are doing significant amounts of work for you but we are unable to continue that practice under the present circumstances. We can, however, do better than simply offering you our standard rates and would propose that if you desire to have us handle civil litigation on a case-by-case basis, we can do so at 80% of our normal attorneys ' billing rates . We would continue, of course, to charge for out-of-pocket expenses as incurred, and continue our normal charges of $55 . 00 an hour for paralegal assistance and law clerk work. I should remind you that changes in these rates do occur every year or two, usually on January 1. Our firm has not yet considered our 1991 budget or billing rates . I would like to add a personal note if I might. I have for the most part enjoyed very much my relationship with the City of Shakopee for a period reaching almost two decades now. There have in all honestly been some law suits you have given me that I could have lived without, but like most people I take the good with the bad. If the City Council determines that my suggestions in this memo simply don' t work for them, I will understand. Needless to Mr. Dennis Kraft / ° C' Ms . Karen Marty November 7 , 1990 Page -3- say, we will continue to give you whatever assistance is necessary until other arrangements can be made. I hope everyone involved understands that at this point we are simply trying to react as best we can to the circumstances that now exist. Should you have any additional questions or if you and Karen or the Mayor and Council wish to discuss this matter further, we of course would be most happy to oblige. Thank you for your consideration. Very tru4317 urs, // %KRASS ,g MON OE CHARTERED P4iiprass ttorney' at Law PRK/bmp CITY OF SHAKOPEE `'' INCORPORATED 1870 141 \L� 129 EAST FIRST AVENUE. SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 A tKif` .,i March 8, 1989 Mr. Phillip R. Krass Krass & Monroe Chtd. 327 Marschall Road P.O. Box 216 Shakopee, MN 55379 Dear Rod: As you are aware, Council appointed Krass & Monroe, Chtd. as Assistant City Attorney's for the City of Shakopee during their regular meeting on March 7 , 1989 . They also went on record that they will review the appointment in two years. I am sure that you will continue with the same excellent representation of the City as you have done in the past. An organizational meeting with both you and Mr. Coller will be set up in the near future to discuss how the City can work more efficiently with you. Congratulations, Rod, to you and your staff on your reappointment as Assistant City Attorney. Sincerely, Judith S,-Cox City /Clerk JSC/tiv The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER LAW OFFICES iD KRASS & MONROE CHARTERED PhilMarschall Road Business Center DennisR. Monroerass 327 Marschall Road DenniL. P.O.Box 216 Barry K.Meyer Jay D. Goldberg Shakopee,Minnesota 55379 Trevor R. Walsten Telephone(612)445-5080 Mark J. M FAX(612)445-7640 Diane M. CaCarlsonrlson Robert J. Walter Lachlan B.Muir James B. Croft Colleen M.Trende Orlin D. Te Slaa Patricia A. Weller �.. November 8, 1988 `.- Kent A.Carlson.CPA • °;,7,.. Mayor and City Council � i'7�i� City of Shakopee .� 129 East First Avenue moi'` ':-ii-ii Shakopee, MN 55379 ?•w��": Re: City Attorney Proposal Dear Mayor and City Council: Enclosed please find our response to the City' s request for proposals for City Attorney work. We trust it meets the requirements of the City' s request. While our proposal may not make it clear, our primary desire is to retain our present relationship with the City of Shakopee, with Mr. Coller continuing in the role he presently occupies. We believe Jack has done an excellent job for the City for many years, and we are very comfortable in continuing to assist him and handle matters that his work load and the size of his office do not allow him to pursue for the City. Thank you very much for this opportunity to submit a proposal. Very tr y y=urs, J/E CHARTERED I. , illip R`Krass i PRK:mlw Enclosure PROPOSAL FOR LEVEL I & LEVEL II CITY ATTORNEY FOR SHAKOPEE !6 v A. FIRM BACKGROUND 1. Brief History A. Municipal Litigation - Kress & Monroe has provided services for the following cities: Shakopee - 15 years; Savage - 13 years; Elko - 12 years; Belle Plaine - 10 years; New Market - 7 years; Jordan - 4 years (Jordan is no longer our client) ; Shakopee Public Utilities - 15 years. Kress & Monroe has tried approximately 100 municipal cases to conclusion and approximately 15 cases before a jury. B. Knowledge of the following: 1. Zoning Laws 2. Platting and Land Development 3. Condemnation Law 4. MSA 429 Projects (procedures and appeals) Kress & Monroe has extensive knowledge on zoning laws, platting, land development, condemnation law and 429 projects. C. Employment Law Krass & Monroe has little background dealing with unions and public sector employment practices. The firm has negotiated several public union contracts in Scott and Carver counties. D. Tax Increment Financing and Municipal Financing Krass & Monroe has extensive experience in dealing with tax increment financing and municipal financing. We have dealt with approximately 20 tax increment districts and the bonding related thereto. F. Prosecutions Kress & Monroe has extensive experience in misdemeanor prosecutions. We have been providing misdemeanor/petty misdemeanor prosecution work for Shakopee for 15 years; misdemeanor/petty misdemeanor prosecution work for Savage for 13 years (previously did gross misdemeanors until approximately 1966); gross misdemeanor/misdemeanor/petty misdemeanor work for Belle Plaine for 10 . years; gross misdemeanor/misdemeanor/petty misdemeanor work for Jordan for 4 years; gross misdemeanor/misdemeanor/petty misdemeanor work for Elko for 12 years; and misdemeanor/petty misdemeanor work for New Market for 8 years. References: r 0 r/ Chief Gordon Viasak, Savage Police Department Chief Thomas Brownell, Shakopee Police Department Chief Steve Rost, Belle Plaine Police Department 2. Number of attorney/specialities. Kress & Monroe has 13 attorneys specializing in the areas of litigation, municipal, real estate, probate, tax, banking, family law and personal injury. 3. Number of paralegal/specialities. Krass & Monroe has 8 paralegals specializing in the areas of litigation, municipal, real estate, probate, tax, banking, family law and personal injury. 4. Number of support personnel. Krass & Monroe has approximately 6 full-time secretaries and 2 part-time secretaries who provide the typing/clerical duties for the firm; two clerks who provide miscellanetus filing, deliveries, photocopying, etc. ; and two law clerks who provide some of the legal research and document drafting as well as working on Westlaw. 5. Office organization. Krass & Monroe is primarily divided into two areas. There is the litigation area which deals with municipal, litigation, and personal injury. The other area, the commercial area, deals with banking, real estate, tax and probate. There are attorneys and paralegals assigned to each different area and each attorney has a secretary assigned to them. The office administrator is in charge of support staff and the attorneys oversee the work done by their paralegals and law clerks. B. Attorney Qualifications 1. Attorneys and Support Staff supplying services for Shakopee A. Relevant academic training and degrees; E. Prior experience in above areas and estimate of hours or percentage of their work in above areas during the past four years; C. Other background and experience in municipal law, zoning, general and public contracting, eminent domain, real estate, labor and municipally related litigation. Pod Krass - Graduated from St. John's University with a political science major. F.eceived his Juris Doctor from the University of Minnesota Law School. Is a member of the National Trial Lawyers Association, Minnesota Trial Lawyers Association and Minnesota Bar Association. Mr. Krass has worked on the municipal work for the City of Shakopee for 15 years. The percentage of his work in these areas during the past four years is 30%. Mr. Krass has had extensive experience in municipal law, zoning, general and public contracting, eminent domain, real estate, and municipal iitgation. Ia Dennis Monroe - Graduated from Carthage College, received his MBA and Juris Doctor degrees from St. Louis University. Has extensive background in accounting and financial planning for corporations, estate, business and tax planning; pension and profit sharing; business acquisitions and transfers, and banking and lending practices. 100% of his time is spent in these areas. Barry E. Meyer - Graduated from the University of Minnsota with a E.S. degree, with distinction, in business administration. Received his Juris Doctor from the University of Minnesota Law School. Devotes the majority of his practice to family law and dissolution of marriage. Is a member of the Eighth District Bar Association, Minnesota and American Bar Association and is a member of the Family Law Section of the American Bar Association. Trevor R. Walsten - Graduated from University of Minnesota summa cum laude with a E.A. degree. Received his Juris Doctor from William Mitchell College of Law. Devotes his time to litigation, personal injury work and has been City Attorney for Belle Plaine for 4 years. Mr. Waisten attends Belle Plaine council meetings, advises council on legal matters, drafts ordinances, and does litigation for Belle Plaine. His time is allocated as follows: 75% - litigation; 25% - Belle Plaine and other municipal litigation. Diane M. Carlson - Graduated from University of Minnesota. Received her Juris Doctor from William Mitchell College of Law, cum laude. Ms. Carlson specializes in real estate and banking with approximately 75% of her time spent on real estate and 25% spent on banking. Robert J. Walter - Graduated from St. Cloud State. Received his Juris Doctor from William Mitchell College of Law. Was county attorney for Pope County for 4 years. Was a public defender for Pope County for 6 years. Has done various individual projects for municipalities in West Central Minnesota. For the last year has been the Savage City Attorney. He attends council meetings, advises council on civil and litigation matters. Before joining Krass & Monroe, approximately 40% of his time was spent doing municipal work. At Krass & Monroe, approximately 20% of his time is spent doing municipal work. Lachlan E. Muir - Graduated Cum Laude from Gustavus Adolphus with a history/economics degree. He received his Juris Doctor from William Mitchell College of Law. Mr. Muir devotes his time to commercial litigation, criminal prosecutions, construction litigation, products liability, commerical collections and employment law. Before joining Krass & Monroe, Mr. Muir spent 100% of his time doing litigation work. At Krass & Monroe, 90% of his time is spent doing litigation and 10% of his time is doing prosecutions. Mr. Muir is a member of the Federal Bar Association, American Bar Association and the Minnesota State Bar Association. iP Colleen M. Trende - Graduated Magna Cum Laude from Mankato State University. She received her Juris Doctor from William Mitchell College of Law. Colleen does criminal prosecution work for Savage, Shakopee, Belle Plaine and Elko. 100% of her time is spent doing prosecutions. Patricia A. Weiler - Graduated from the University of Minnesota. Received her Juris Doctor from William Mitchell College of Law. Was a law clerk for one year at the Attorney General's Office and was a law clerk for three years at Krass & Monroe. Approximately 75% of her time is spent doing commerical and litigation work and the other 25% is spent doing municipal/criminal work. The following paralegals work for the municipalities: Julie Ritchie - Graduated from St. Cloud State University and has spent 7 years doing litigation work. 100% of her time is spent doing litigation work, approximately 20% of that relating to municipal litigation. Lori Lambrecht - Received her legal secretary/office occupations certificate from Hennepin Technical Center. Lori has been doing prosecution work for the muncipalities for 4 years. 80% of her time is spent doing prbsecutibn work fbr the municipalities. Shelly Felsing - Received her paralegal certificate from the University of Minnesota. Shelly has been doing real estate work for 6 years and 100% of her time is spent relating to real estate with 10% of that time spent on real estate work for the municipalities. The following law clerks do work for the municipalities: Mark Haigh - Graduated from the University of South Dakota. Is a student at the University bf Minnesota Law School. Does legal research, draft documents, in areas of municipal and corporate litigation, corporate, real estate and tax. Tim Moynihan - Graduated from the University of Minnesota. Is a student at William Mitchell College of Law. Does legal research, draft documents, in areas of municipal and corporate litigation, corporate, real estate and tax. 3. Proposed allocation of work between attorneys and support personnel. Rod Krass is in charge of the municipal litigation files. Mr. Krass will review each file and work may be transferred to associate attorneys and paralegals, depending on work load and type of case. The litigation department has a once- a-week meeting to go over litigation files and to discuss the status on these cases. The paralegals get invbived and assist in drafting documents, letters, phone calls and organization of files. I0 Dennis Monroe is in charge of the tax, corporate, and real estate files. The commercial attorneys and paralegals alsb have a meeting once a week to go over these files. After Mr. Monroe reviews these files, work may be transferred to associate attorneys and paralegals, depending on work load and type of case. The commercial paralegals also get involved in drafting documents, letters, phone calls and organization of files. Lachlan Muir is in charge of the prosecutions. The prosecution department consists of Colleen Trende, Patricia Weller and Lori Lambrecht. Mr. Muir, Ms. Trende, and Ms. Weller will go over the prosecution calendar each month and divide up files depending on work load. Ms. Trende handles the majority of the prosecutions, from sentencings, probation revocation hearings, calendar calls, and jury trials. Mr. Muir will assist on days when there is more than one case going to trial. Ms. Weller will assist on days when there are numerous calendar calls all scheduled at the same time. Ms. Lambrecht drafts complaints, letters to police officers and witnesses, subpoenas, organize files and gets relevant information needed for court. 4. Principal responsibilities for individual designated as lead attorney including statement indicating future availability. See number #3 above. If lead attorney isn't available, receptionist will then give to associate, paralegal, or secretary, depending on each situation. C. Fire Qualifications 1. Names and telephone numbers of three client references. Name, title and telephone number of a reference at municipalities or governmental agencies represented during the last four years. Mark McNeill, City Administrator for Savage, 890-1045 Terry- O'Toole, First National Bank of Shakopee, 445-6300 Dave Dornbush, Alternative Pioneer Systems, 448-4400 Mark McNeill, City Administrator for Savage, 890-1045 Cynthia Dressen, City Administrator Belle Plaine, 873-5509 Mary Ellen Flicek, City Clerk/Treasurer for Elko, 461-2125 2. Statement of total 1987 billings related to municipal work and percentage of municipal work to total billings. Total 1987 work for all municipalities was approximately $187,000. Approximate percentage of municipal work to total billings in 1987 was 11%. /0 c:- D. Fees Level I $68/hour for all attorneys $52/hour for all paralegals and law clerks Level II $68/hour for all attorneys $52/hour for all paralegals and law clerks Westlaw fee is $180/hour. Fax Machine fee is $1.00/page for what we send; nothing charged for what we receive through Fax. Krass & Monroe adjusts fees every two years. Fees were adjusted in 1988 and will remain in effect thru 1989. Fees for all municipal clients are identical. 2. Billing Krass & Monroe will conform to any billing requests made by the city. Krass & Monroe itemizes the date of services, who provides the services, the amount of time spent, detailed description of the services performed and the fee for said services. However, because of the numerous prosecution files each month, the prosecutions are all listed under one bill, with each entry itemized and the amount of time. 3. Rate for Meeting Attendance $68/hour for attendance at council meetings. unanimously. adv The list of applicants for the positions of City Attorney and Assistant City Attorney are: Julius Coller II ; Krass and Monroe; Morris and Wolf; Larkin, Hoffman, Daly and Lindgren; Alton Law Offices ; and Bergeson, Kerr, Lander, and McDonald. Proceedings of the City Council March 7, 1989 Page 5 Ballots were cast for City Attorney: Vierling: Julius Coller Mayor Lebens: Julius Coller Clay: Julius Coller Zak: Julius Coller Scott: Julius Coller Wampach: Julius Coller Ballots were cast for Assistant City Attorney: Vierling: Krass and Monroe Mayor Lebens: Larkin, Hoffman, Daly and Lindgren Clay: Krass and Monroe Scott: Morris and Wolf Wampach: Krass and Monroe Zak: Krass and Monroe Vierling/Wampach moved that Julius A. Coller II be appointed City Attorney. Motion carried unanimously. Zak/Vierling moved that Krass and Monroe be appointed Assistant City Attorney. Motion carried unanimously. Scott/Zak moved that the appointment be contingent upon Mr. Coller becoming computerized, up and running, within 90 days. Vierling/Clay moved to table. Motion carried unanimously. Cncl . Zak offered to meet with Mr. Coller and work with him on becoming computerized. Scott/Zak moved that the City review these positions in two years. Motion carried unanimously. Cncl. Scott said he has had a complaint on the sidewalks not being plowed in a sufficient amount of time for pedestrians. He said he feels there is not enough inspections. Clay/Lebens moved to direct staff to draft the appropriate ordinance to have a 24 hour snow removal period in the commercial areas and a 36 hour removal period in all other areas. Motion carried with Cncl . Vierling opposed. Wampach/Zak moved that in the event that any sidewalk that is not shoveled within the proper given time that any handicapped person that has to go from one point to another that the City provide transportation and that the cost be billed to the property owner. 1aa. . MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner L — • RE: Interim Ordinance Reserving Land for Proposed Public Facilities near Shakopee Senior High School DATE: December 12, 1990 INTRODUCTION: At their December 6, 1990 meeting the Shakopee Planning Commission moved to recommend to the City Council approval of the interim ordinance reserving land for proposed public facilities near the Shakopee Senior High School. Attached is a copy of the ordinance as prepared by the City Attorney. BACKGROUND: At the September 18, 1990 City Council meeting Independent School District 720 requested that the Council consider placing the area near the high school under an interim ordinance to reserved land for proposed public facilities. This request was based on the school district's concerns for future expansion needs, including building additions, athletic facilities and increased parking capacity. In conjunction with the school 's needs, community groups such as the senior citizens and the hockey association expressed interest in promoting joint venture projects with the school district in this area. Concurrent with the efforts by the school district and civic groups, the City of Shakopee has been revising its Comprehensive Plan. The land area being considered for the interim ordinance was annexed into the City in 1987 and was not included in the Comprehensive Plan adopted in 1981. The interim ordinance would allow for further study to be made before development occurs. In addition to the future high school facilities, two collector streets and a major drainage system have been proposed to be located in this area. The specific locations of these facilities will be determined in a study for this area. Minnesota Statues provide municipalities the authority to place land under an interim ordinance i order to allow for adequate time to study proposed public facilities. An interim ordinance may regulate, restrict, or prohibit any development within a defined area for up to one year and may be extended a total of 18 additional months if deemed appropriate by the Council. Precedence for protecting the planning and development of public facilities exists in Shakopee. An official map was adopted for the mini bypass in the downtown area as well as the southerly bypass. DISCUSSION: Considerable discussion occurred at the public hearing between the Planning Commission and the land owner of the 150 acres affected by I GI/ the interim ordinance. Based on the economic concerns raised by the property owner, the Planning Commission approved a second motion requiring staff to return an amended interim ordinance which more accurately identifies the land areas needed for the public facilities as soon as possible. It is not anticipated that the entire 150 acre parcel will be needed for the possible public facilities. At this time the location of the collector streets (Vierling Drive and County Road 77) has not been determined. The second motion also requires that staff report back to the Planning Commission on a quarterly basis to inform them of the status of the planning effort. Staff has already begun the planning effort for municipal pubic facilities in the proposed interim ordinance area. As a part of the planning process for the two collector streets and the drainage system, the City Engineer is requesting Council authorization to prepare a feasibility study. Attached is a resolution for the feasibility study. ALTERNATIVES: 1. Adopt the interim ordinance for a one year time frame and authorize staff to prepare a feasibility study for the collector streets and drainage system. 2 . Do not adopt the interim ordinance or authorize the feasibility report. 3 . Set another time period for the interim ordinance. RECOMMENDATION: The Planning Commission recommends that the City Council adopt the interim ordinance reserving land for public facilities near the Shakopee Senior High School effective for one year from the date of City Council approval . Staff recommends that the City Council authorize staff to prepare a feasibility report for the collector streets and the drainage system. ACTION REQUESTED: 1. Offer Ordinance No. 300, an ordinance of the City of Shakopee, Minnesota adopting an interim ordinance which reserves land for public facilities near the Shakopee Senior High School and move its adoption. 2 . Offer Resolution No. 3326, resolution authorizing staff to prepare a feasibility report for the collector street and drainage system and move its adoption. EXHIBIT A Legal description: The south 1/2 of the northeast 1/4 of Section 12 Township 115 Range 23 except approximately 10 acres owned by Independent School District 720; and the north 1/2 of the southeast 1/4 of Section 12 Township 115 range 23 . / 2GL' RESOLUTION NO. 3326 A Resolution Ordering The Preparation Of A Report On An Improvement To Vierling Drive, Apgar Street (Or a New North-South Collector Street) And The Upper Valley Drainageway All Located Between C.R. 77 and C.R. 79 And North Of The Proposed Shakopee Bypass WHEREAS, the City Council of Shakopee accepts the recommendation of the Shakopee Bypass to place a 1-year moratorium on development on the land located between C. R. 77 and C.R. 79 and south of 10th Avenue to the southerly Corporate Limits by adopting interim Ordinance No. 300 on December 20 , 1990, and WHEREAS, it is proposed to construct Vierling Drive, Agpar Street (or a new north-south collector street east of Apgar) and the Upper Valley Drainageway within this area and to assess the benefitted property for all or a portion of the cost of the improvements, pursuant to Minnesota Statutes, Chapter 429 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to David Hutton for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney fZa. ORDINANCE NO. 300, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, ADOPTING AN INTERIM OFFICIAL MAP FOR CERTAIN LAND LOCATED GENERALLY NORTH OF THE SOUTH CITY LIMITS ; WEST OF COUNTY ROAD 79 , ALSO KNOWN AS SPENCER STREET; SOUTH OF TENTH AVENUE; AND EAST OF COUNTY ROAD 77 , ALSO KNOWN AS APGAR STREET. WHEREAS , the City of Shakopee currently is in the process of revising its comprehensive plan and all accompnaying documents, including the official map; and WHEREAS , certain land which is anticipated to be needed as the sites of future streets and other necessary public facilties and services currently is undeveloped with structures ; and WHEREAS , the City Council desires to apply an interim official map to this area to preserve this land; and to allow public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make such adjustments dificult to accomplish. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: Section 1 - That the land described on Exhibit A, attached hereto and by this reference made a part hereof, is mapped under this interim ordinance. This land is located generally north of the south city limits, west of County Road 79 , alsoknown as Spencer Street, south of Tenth Avenue, and east of County Road 77 , also known as Apgar Street. Exhibit B, the interim official map, showing the intended location of public rights-of-way and future public facilities, is hereby adopted in its entirety. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. After adoption, signing and attestation of this ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the day following such publication. This ordinace shall expire and be of no further effect one year after its effective date, or at such time as an official map covering the same area is adopted and effective, whichever occurs first. Passed in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1990 . / L pv Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News this day of , 1990. • -- - --- ,- •-• t,....• •,-.117nr.-- .* .....-!:-:--- -,.--- -. - " •t .-L.–, - -----,..„::,; f -2A. --. • 1 ......,---; : ........--,, • - .... • ,i 1 ''‘ ''''' v ''",...1.---"' . 1 . '' Vc-s-4"r'l \.......:::....:j. ' - ' d A__:,i1 ';'-';--... ,t •, . . 6 \•• ••••••dl.4., C . 1,......*"........... .....dral ...I ' ' ' .. -. ‘ \V 1 I . 1.1 s ‘.....:...:,........, ...-•• .., :-,. A leg W.112_1‘ ffi - 6.! 1..1,'1. • • l . 160 ' • • ' ' %. ' ‘.1' .7."' 't :j'•,,L OIL o. - V 'ANS. 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I ! • -- , • • - _. - -. -- • 1116W I la Kil Interim Ordinance Area . - ... • •evoraimm1=00"10;r irr par, • .• • . • . . .• , ...• • 4 . . .,. .7 - • . EXHIBIT B . . . . . . . •-- • . _ . Ordinance No . 300 . . . Ig— `(:) MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner t— RE: Rezoning Request R-4 to R-3 - Lots 1, 3 , 4 and 5 Block 1 Eagle Creek Junction 1st Addition DATE: December 11, 1990 INTRODUCTION: At their December 6, 1990 meeting the Shakopee Planning Commission passed a motion recommending to the City Council that Lots 1, 3 , 4 and 5, Block 1, Eagle Creek Junction 1st Addition be rezoned from R-4 to R-3 . The Planning Commission also passed a motion initiating the process to consider rezoning Lots 2 and 6 of Block 1 as well as the R-4 parcel east of the subdivision. A public hearing is being scheduled in January for this rezoning proposal . BACKGROUND: Two maps have been attached to this memo. Attachment #1 identifies the existing zoning for the area. Attachment 2 more clearly shows the four lots in Block 1 proposed for rezoning with this application. The lots in Block 1 of Eagle Creek Junction 1st Addition were platted in 1986 in an R-4 zoning district. The resulting lots, though small in size met the lot size and area requirements. Since 1986 four-plex residential structures have been built on Lots 2 and 6, each of which are under separate ownership. Development on the remaining four lots has been limited by the small lot sizes in relation to the required R-4 setbacks. As a result several variances have been requested in attempts to build on these remaining parcels. The following table compares the R-3 and R-4 district setback requirements. The appropriateness of the R-4 zoning designation for the subject area appears questionable, based upon the problems encountered as the area is developed. Setback R-3 R-4 Front 35 ' 50 ' Rear 30 ' 40 ' Side 10 ' 15 ' (Minimum) The applicant, Mr. Randy Laurent of Inca Development, owns the four vacant lots in Block 1. Since the City Code allows rezoning requests to be initiated only by the property owner, the Planning Commission or the City Council, it became appropriate for the Planning Commission to initiate consideration of the rezoning of the remaining R-4 properties in Block 1 and the parcel east of Block 1. el Prior to the December Planning Commission meeting, staff received a letter from the owners of Lots 2 and 6. Both property owners support the rezoning from R-4 to R-3 . Attachment #3 is a copy of the letter. (The property owner of the parcel east of Block 1 is being contacted by staff at this time in preparation for the January public hearing. ) DISCUSSION: Due to the applicant' s time frame for the development and the concern to avoid an irregular zoning pattern, the Planning Commission developed a two part recommendation. The first part recommends that the applicant' s four lots be rezoned in December. The Planning Commission accepted the temporary transitional zoning pattern with the knowledge that at a minimum the other remaining two lots in Block 1 will be rezoned in January. The second part of the recommendation is the initiation of the rezoning of Lots 2 and 6 and the parcel to the east of Block 1. The Planning Commission will consider the rezoning of these properties at their January meeting. Attachment #4 illustrates the proposed zoning pattern resulting from the two part recommendation. The draft Comprehensive Plan and the 1981 Comprehensive Plan both propose that this area should be developed as multi family residential. The land area south of the abandoned railroad lines is designated as single family residential . The R-3 rezoning request will provide a transition from the higher density multi family land uses to the west from the single family residential to the south. The two part rezoning proposal will enhance the compatibility between the two residential density areas. Whereas the R-3 zoning district regulations conform more appropriately with the lot sizes in this particular area, the lots west of Roundhouse Circle are larger and R-4 is appropriate for these lots. In contrast the smaller lots to the south are appropriately zoned R-2 . The size and shape of lots created in the subdivision platting process should be coordinated with the appropriate zoning district. The rezoning of these properties offers the City the opportunity to fine tune this relationship. ALTERNATIVES: 1. Rezone Lots 1, 3 , 4 and 5 in December and rezone the other properties in January after the Planning Commission recommendation. 2 . Deny the rezoning request. 3 . Table the item until after the January Planning Commission meeting. fad *e°' PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends that Lots 1, 3 , 4 and 5 of Block 1, Eagle Creek Junction 1st Addition be rezoned from R-4 (Multi Family Residential) to R-3 (Mid Density Residential) . ACTION REQUESTED: Offer Ordinance No. 301, an ordinance of the City of Shakopee, Minnesota rezoning Lots 1, 3 , 4 and 5 Block 1, Eagle Creek Junction 1st Addition from R-4 district to an R-3 district, and move its adoption. Iz � ORDINANCE NO. 301, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, REZONING CERTAIN LAND FROM R-4 TO R-3 , WHICH LAND IS GENERALLY LOCATED * THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: Section 1 - That the following described land is hereby rezoned from R-4 , multi-family residential, to R-3 , medium density residential : Lots 1, 3 , 4 and 5 of Block 1, Eagle Creek Junction 1st Addition. Section 2 - Effective Date. After adoption, signing and attestation of this ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the day following such publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1990 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News this day of , 1990. .. - . -,- i %. - .-• -" - _.-- ,••••!•• -, -- _ - , ... , W.-,---,:k Li._•:-." _Br-1------T 1 ..... __ _ ...,• -: ..- ---- - 1-4 01. 1 .7'. :.--- ..-z-*_„.....--v-7-- 1 • . . 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Ekola It is our understanding that the owners of Lots 1, 3, 4 and 5, Block 1 of Eagle Creek Junction First Addition have submitted a request to rezone said property from R-4 to R-3. In that rezoning of these lots to R-3 while retaining the zoning of our lots at R-4 would create an irregular zoning pattern, we see that it may be desirable to also rezone our properties to R-3. We would not object to this rezoning and in fact desire to be included in the submitted request to rezone. It is our understanding that this rezoning would not effect the current use of our properties. Mark Houser Dan Walden // 74/ at-ec/ //77'11- Owner Lot 2 Block 1 Owner Lot 6 Block 1 Eagle Creek Junction 1st Add. Eagle Creek Junction 1st Add. Ii. . . _-_, . -•-••_. •:_-, ,,. , q t2 ,, • . . ,errerAcHmeAir AG AGRICULTURE ) 1,t/ ; i . .• 3. ; . . -t • • • :3 • , •-• '....s li r11 ..t! ,........__ URRURBAANL RREESsIIDDEENNT1TIAALL ..: • 1 1 RES.RES. ,--, --L4 t 2 1 I (14 I 1 1, iki L____ i RR 34 MULTI MID-DENSITY FAMILy •.... ! !, 1 . :. •.... . . . , -, 1 I=IS 11=41•14 NMI . R4 ;,, --,...--,..• 1 z 1 i_........--, : B1 .: • N/COMMUNITYAYB U S1 BUSINESSNES S I It B2 H1GH i . . -- --. 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'" •-... --41 vs Iii• • ,.......... : 1 ' Ilri 199r4r#11111 ••••• \ f ' "........... • \ AIMFill . . \\ ..,.. • 4 .......... .".... .- 1 113 ..., ... , ., OL--, ....... . --- ---__—_, ......._........._........ ,. --Am-IP. ... , --• *•.; - -•' - .., : _................................................,..,,„„,,„,.. 1 l � r MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Park Dedication Requirements DATE: December 13 , 1990 INTRODUCTIONS: At their December 6, 1990 meeting the Planning Commission passed a motion recommending to the City Council that the proposed ordinance amendment on dedications be approved. This ordinance amendment addresses the legal concerns facing the existing park dedication requirements. Attached is the proposed ordinance prepared by the City Attorney. BACKGROUND: When a subdivision plat is proposed Minnesota state statues enable municipalities the authority to require the dedication of a reasonable portion of the proposed subdivision land area to the public. The dedication requirement is based on the theory that development brings people into the community and thereby creates a demand for parks and open space. In lieu of the accepting land dedication state law allows municipalities to accept an equivalent amount in cash for part or all of the land to be dedicated. The cash amount is to be based on the fair market value of the land no later than at the time of final approval of the subdivision. The recent review of the park dedication requirements in the Shakopee City Code was initiated in July of this year. The discussion first centered on the payment of park dedication fees in the replatting of an existing subdivision in Shakopee. A legal memorandum from the Allianz Investment Corporation on park dedication requirements was received and filed by the City Council on September 18 , 1990. This memo expanded the discussion to include the entire park dedication requirements in the current City Code. Staff has reviewed this memo and the current City requirements as well as the state laws. Based on this research the City Attorney has proposed several changes to the park dedication requirements in the ordinance amendment. The proposed ordinance amendment reorganizes Subdivision 5 of Section 12 . 07 of the City Code. The title of subdivision 5 would be changed from "Public Sites and Open Spaces" to "Dedications" . The ordinance amendment proposes this reorganization in an effort to make the ordinance more legible and understandable. To assist in presenting the proposed ordinance amendment the following is a list of headings used in the amendment of Subdivision 5. Subd. 5 Dedications A. General Dedications B. Park Dedications C. Replats and Resubdivisions D. Land Suitable for Use E. When Dedication Made F. Excess Land for Parks G. Reserved Land for Public Buildings H. Credit for Private Parks I. Right to Acquire Additional Land DISCUSSION: The current ordinance on park dedication requirements established a fee schedule to be used for all subdivision plats when park land dedication is not accepted by the City. The fee schedule sets a dollar per acre fee for commercial and industrial subdivisions. For residential subdivisions an amount per dwelling unit is calculated. The proposed ordinance amendment would delete the fee schedule system. It would replace the fee schedule with the fair market valuation process. The proposed ordinance would require as a general rule an amount of land equal in value to 10 percent of the land proposed for subdivision. A park dedication fee in lieu of land would be the equivalent amount of this land or 10 percent. For those subdivision plats which are required to pay a fee a fair market value for the "equivalent amount" must be established. Four methods listed in order of preference have been proposed in the amendment. 1. The price the subject land sold for within the past year. 2 . An appraisal performed for or on behalf of the city within the past year. 3 . An appraisal performed for or on behalf of the subdivider within the past year. 4 . The value determined by the County Assessor in the same manner that he or she determines the market value of land for tax purposes. In subparagraph C. , "Replats and Resubdivisions" park dedication requirements on land previously platted is addressed. If the existing subdivision has previously met the park dedication requirements and the proposed replat or resubdivision does not create additional park demands, no additional park dedication requirements will be added. As drafted in this amendment, the City would also require park dedications on replats or resubdivisions where a dedication has not previously been made. ALTERNATIVES: 1. Recommend to the City Council approval of the proposed ordinance amendment. 2 . Suggest further study of the amendment provisions. 3 . Maintain statue quo. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends that the attached ordinance amendment be approved by the City Council . ACTION REQUESTED: Offer Ordinance No. 302 , an ordinance of the City of Shakopee, Minnesota amending City Code Chapter 12 , Subdivision Regulations, by repealing Section 12 . 07 , Subd. 5, "Public Sites and Open Space" , and enacting the attached ordinance amendment, "Dedications" and move its adoption. au: parkreq ORDINANCE NO. 302, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 12 , SUBDIVISION REGULATIONS (PLATTING) OF THE CITY CODE, BY REPEALING SECTION 12.07 , SUBDIVISION 5, PUBLIC SITES AND OPEN SPACES, AND ENACTING ONE NEW SUBDIVISION IN LIEU THEREOF, RELATING TO DEDICATION OF LAND FOR PUBLIC USE. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: Section 1 - That the Shakopee City Code, Chapter 12 , Subdivision Regulations (Platting) is hereby amended by repealing Section 12 . 07 , Subdivision 5, Public Sites and Open Spaces, and enacting one new subdivision in lieu thereof, which shall read as follows: Subd. 5. Dedications. [Public Sites and Open Spaces. ] A. General dedications. Pursuant to Minnesota Statutes 462 . 358, the City of Shakopee does hereby require that [in all plats of subdivisions to be developed for residential, commercial, industrial or other uses, or as a planned development which includes residential, commercial and industrial uses, or any combination thereof, ] a reasonable portion of any [each such] proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements. B. Park dedications. 1. The City also requires that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, playgrounds, trails, wetlands, or [public] open space [ , or storm sewer water holding areas or ponds, which reasonable portion shall not be less than 10 percent of the land area. ] 3 . The City hereby finds that, as a general rule, it is reasonable to require that an amount of land equal in value to ten percent of the undeveloped land proposed to be subdivided be dedicated or reserved to the public for public use for parks, playgrounds, trails, wetlands, or open space. Should the land required by the City to be dedicated have a greater fair market land value than the average fair market land value of the land in the plat, then the City shall only be authorized to require dedication of an amount of land equal to ten percent [the above enumerated percentages] of the fair market land value of all the property being platted. 4. [B. ] The City shall have the option of requiring a cash contribution in lieu of the land dedication set forth in this Subparagraph_ [A of this Subdivision, ] Such cash contributions shall be based upon the total fair market value of the land being subdivided. For the purposes of this Subdivision, "fair market value" is defined as the market value of the land within such plat or subdivision as of the date presented to the Council for preliminary approval. Fair market value shall be determined based upon one of the following four methods , which are listed in order of preference: (1) the price the subject land sold for within the past year, (2) an appraisal performed for or on behalf of the City within the past year, (3) , an appraisal performed for or on behalf of thesubdivider within the vast year, cr_ (4) the value determined by the County Assessor in the sante manner that he or she determines the market value of land for tax purposes. The fair market value determination shall exclude any value added to such land within the past year by improvements serving such land. [which contribution shall be based on the following schedules: 1 . For each commercial or industrial plat or subdivision, a cash contribution of $1, 500. 00 per acre. 2 . For each residential plat or subdivision, a cash contribution of $400 . 00 per single family unit and $338 . 00 per unit for buildings containing 2 or 3 dwelling units. 3 . For each medium density multi-family residential plat or subdvision, a cash contribution of $312 . 50 per unit for buildings containing 4 to 6 dwelling units and townhouses. 4 . For each high density multi-family residential plat or subdivision, a cash contribution of $250. 00 per unit for buildings containing more than 6 dwelling units (except townhouses) . 5 . Exemption from reuirements of this Subparagraph B. (a) A church, school, local government building, club and other non-profit organization which carries on its activities in and is located and based in the City may be exempt from the requirements of this Subparagraph B, by action of the Council granting exemption. (b) If the property has been platted and a park dedication fee has been recorded against a parcel upon which a building permit is applied for because of any of the aforementioned, the park dedication requirement may be released without payment by action of the Council . (c) The exemption provided hereby is not applicable to any organization building a structure that is not actually based in the City and occupying and carrying on its activities in the structure. ] C. Replats and resubdivisions. When land is being replatted or resubdivided, and a the City has requested and received dedications under this Subparagraph BL then no further dedication shall be required for those purposes. When the land has not previously provided dedications under Subparagraph B, or if additional dedications are needed, in the City' s sole determination, under Subparagraph A, then those dedications shall be required with the replat or resubdivision. [When structures are constructed on property which has previously been platted and /L v on which plat no park dedication in cash or land was given to the City, a park dedication fee in accordance with the schedules hereinbefore set forth shall be paid at the time the building permit is issued. If the park dedication has been previously satisfied at the time of platting in accordance with the requirements then in existence, then no further fee shall be levied. ] [D. When building permits are issued on property which is not platted ?nd is not required to be platted prior to receiving a building permit, a fee shall be paid at the time of building permit issuance in accordance with the above schedules. ] D. Land suitable for use. Land to be dedicated under this Subdivision [Said] land shall be suitable for the public use, [uses as hereinbefore set forth] and the City shall not be required to accept land which it determines would not be needed for public uses [as hereinbefore set forth] or which would require extensive expenditures on the part of the public to make [them] usuable, or is otherwise unsuitable. E. [F. ] When dedication made. The actual dedications of any land as provided in this Subdivision shall be made at the time of the platting and as part of the platting, and any cashpayments made in lieuof such land dedicaiton shall be due and payable priorto the time final approval of the plat is given by the Council . Howver, at the request of nay party submitting a plat, the Council at its exclusive discretion may determine the amount of the cash payment required to be made of the developer at the time of final plat approval, and may enter into a contracdtual agreement with said developer to allow said payment to be deferred until a building permit or permits are issued for the lots in said plat. Any such deferment shall be in accordance with the provisions of a contract, the form of which shall be approved by the City Administrator, which contract shall designate the amount to be paid in lieu of park dedication for each specific lot in the plat and which contract shall be filed with the Scott County Recorder as a lien against the property. [G. Should the ultimate density use for such a lot be greater than the density originally presumed to determine the amount to be paid, said amount will be recomputed based ont eh actual density, and said amount will be paid at the time of building permit ussuance. ] F. [H. ] Excess land for parks. Where a proposed park, playground, trail , wetland, open space, community center or recreation site is shown on the [Future] Land Use Plan in the Comprehensive Plan for [of] the City and is located in whole or in part in the area being subdivided, the subdivider shall show such land on the final subdivision plat. Land in excess of the land required to be dedicated in Section 12 . 06, Subdivision 5 , may be dedicated by the developer as part of the subdivision approval . Land in excess of that required or agreed to be /2 dedicated shall be differentiated by symbol on the final plat from the land to be dedicated. [The acquisition of such] Such additional land, other than required public rights-of-way, may be acquired by the proper governing bodies at the cost of the unimproved land. Land reserved in excess of the amount of land required or agreed to be dedicated in Section 12 . 06, Subdivision 5, shall be reserved for acquisition by the proper governing body for one year from the date of approval of the final subdivision plat. The proper governing body may waive this requirement if they do not plan to acquire the land within the year. G. [I . ] Reserved land for public buildings. Whenever a tract of land to be subdivided includes a proposed school , police station, fire station or other public building, which is shown on a Council-approved plan, the developer shall include such space on the [his] preliminary subdivision plat as a "reserved" use. [J. ] Land indicated as a "reserved" use under Section 12 . 05 , Subdivision 5, Subparagraph J, may be acquired using the following procedures: 1 . Referral to Public Body. The City Administrator shall refer the plat to the public body concerned with the acquisition for its recommendation. The Planning Commission may propose an alternate area for such acquisition and shall allow the public body 60 days for reply. The public body' s recommendations, if affirmative, shall include a map showing the boundaries of the parcel to be acquired and an estimate of the time required to complete the acquisition. 2 . Notice to Property Owner. Upon receipt of an affirmative report from the public body, the City Administrator shall notify the property owner and subdivider. The subdivider shall then indicate the boundary of any area proposed to be acquired on the final subdivision plat as "reserved" land. 3 . [K. ] The acquisition of "reserved" land by a public body, as shown on the final plat, may be initiated within 12 months after recording of the subdivision. Failure on the part of the public body to initiate acquisition within the prescribed 12 months shall result in the removal of the "reserved" designation from the property involved and the freeing [freezing] of the property for development. H. [L. ] Credit for private parks. In establishing the reaosnable portion of land to be dedicated, the City may consider the park, playground, trail , wetland, open space, community center, recreation site [park, recreational] , or common areas and facilities which the subdivider proposes to reserve for the subdivision. If such reserved areas are [Where private open space for park or recreation purposes is provided in a proposed subdivision and such space is] to be privately owned and maintained by the future residents of the sbudivision, a credit [of up to 25 percent of the requirements of Section 12 . 06, Subdivision 5, Subparagraph B, ] may be given, provided that the following conditions are met: 1. That such land area is not occupied by non- recreational buildings and is available for the use of all the residents of the proposed subdivision; 2 . That required setbacks shall not be included in the computation of such private open space; 3 . That the use of the private open space is restricted to [for] park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the Council ; 4 . That the proposed private open space is of a size, shape, location, topography and usability for park and recreational purposes or contains unique natural [national] features which should [that are important to] be preserved; and 5 . That the proposed private open space reduces the demand for public recreational facilities to serve the development. I. [M. ] Right to acquire additional land. Should the City exercise its right under this Subdivison to require actual land dedication [pursuant to Paragraph A hereof] , and should the amount of land so dedicated be insufficient to meet the public needs as contemplated therein, the City reserves the right to obtain by negotiation or condemnation any additional land necessary to effectuate the public purposes contemplated herein. " Note: The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 12 .99 , Violation a Petty Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. After adoption, signing and attestation of this ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the day following such publication. Passed in * session of the City Council of the City of Shakopee, Minnesota, held this day of , 1990 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News this day of , 1990 . lyv DETERMINATION OF PARK DEDICATION FEES 1 . State law allows a city to "require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, playgrounds , trails , wetlands or open space . . . . The [city] may choose to accept an equivalent amount in cash . . . ." Minnesota Statutes §462.358, Subd. 2b. 2. A ' reasonable portion' is construed to mean that portion of land which the evidence reasonably establishes the municipality will need to acquire for the purposes stated as a result of approval of the subdivision A reasonable relationship between the approval of the subdivision and the municipality' s need for land is required. . . . A 10-percent requirement might be arbitrary as a matter of law because it does not consider the relationship between this particular subdivision and recreational need in the community . . . . " Collis v. City of Bloomington, 310 Minn. 5, at 17 through 20, 246 NW2d 19, at 26 and 27 (Minn . 1976) . 3. The cash amount should be equivalent to the fair market value of the reasonable portion of the proposed subdivision. 4. The city should consider each subdivision on its own merits . A flat percentage rate does not take into account the relationship between the particular subdivision and the increase in burden to the community. How much new burden is put on the city by the subdivision? This determination will be different in each case. The burden is related to the intensity of use, not the area or the market value of the property. Market value comes into play only after the "reasonable portion" is determined. 5. The proposed amendment should be modified to recognize that the percentage proposal is a starting point only, and that a separate determination will need to be made for each subdivision. Richard A. Peterson Attorney at Law BEST & FLANAGAN 3500 IDS Center Minneapolis, Minnesota 55402 (612) 339-7121 L G.- STATE STATE LAW EXEMPTS PARCELS OF LAND FIVE ACRES OR LARGER FOR COMMERCIAL OR INDUSTRIAL DEVELOPMENT FROM LOCAL SUBDIVISION REGULATIONS AND PARK FEES, BUT DEVELOPMENT MUST COMPLY WITH ZONING AND BUILDING CODE. 1 . The authority of a city to regulate land subdivisions and to require park dedications or fees comes from Minnesota Statutes §462.351 through 462.365. The specific provisions are in §462.358, particularly in Subdivisions 2a, 2b, and 3a. A copy is attached. 2. The law defines a "subdivision" as "the separation of an area, parcel , or tract of land under single ownership into two or more parcels , . . . except those separations . . . where all the resulting parcels . . . will be . . . five acres or larger in size for commercial and industrial uses . . . . §462.352, Subd. 12. A copy is attached. 3. The law requires city approval for filing deeds dividing a parcel unless the parcel "is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width. §462.358, Subd. 4b. 4. The subdivision regulations adopted by a city must be within the scope of the authority granted in the law. Sun Oil Co. v. Village of New Hope, 300 Minn. 326, 220 N.W.2d 256 (1974) . 5. An exemption in the state law may be clarified by a city in its subdivision ordinance, but it cannot "deprive a property owner of the exemption . . . . " Opinion of the Attorney General , 477-B-34, October 11 , 1979, ruling on the exemption now included in §462.358, Subd, 4b, referred to in item 3, above. 6. Because of the state law exemption in the definition of "subdivision" , divisions of property into parcels "five acres or larger in size for commercial and industrial uses" are exempt from subdivision regulation and exempt from park dedication requirements. 7. Even though these parcels are exempt from city subdivision regulations, the city still can regulate development of the parcels . Improvements constructed on exempt parcels must comply with zoning and building code requirements , and a city may require public road access and public utility easements as a condition of the issuance of a building permit. §462.357, and §462.358, Subd. 5. Richard A. Peterson Attorney at Law BEST & FLANAGAN 3500 IDS Center Minneapolis, Minnesota 55402 (612) 339-7121 I7- 462.357 HOUSING,REDEVELOPMENT,PLANNING,ZONING 9406 should not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings. For purposes of subdivisions 6a through 9, "person" has the meaning given in section 245A.02, subdivision 11. Subd. 7.Permitted single family use.A state licensed residential facility serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules,parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential •:`I use of property for the purposes of zoning. 4 Subd. 8. Permitted multifamily use. Except as otherwise provided in subdivision _r 7 or in any town, municipal or county zoning regulation as authorized by this subdivi- l4 sion,a state licensed residential facility serving from 7 through 16 persons or a licensed . day care facility serving from 13 through 16 persons shall be considered a permitted multifamily residential use of property for purposes of zoning. A township, municipal or county zoning authority may require a conditional use or special use permit in order to assure proper maintenance and operation of a facility, provided that no conditions shall be imposed on the facility which are more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility.Nothing herein shall be construed to exclude or prohibit residen- tial or day care facilities from single family zones if otherwise permitted by a local zon- ing regulation. History: 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7; 1973 c 379 s 4; 1973 c 539 s 1; 1973 c 559 s 1,2; 1975 c 60 s 2,- 1978 c 786 s 14,15;Ex1979 c 2 s 42,43; 1981 c 356 s 248; 1982 c 490 s 2; 1982 c 507 s 22; 1984 c 617 s 6-8; 1985 c 62 s 3; 1985 c 194 s 23; 1986 c 444; 1987 c 333 s 22; 1989 c 82 s 2; 1990 c 391 art 8 s 47; 1990 c 568 art 2 s 66,67 462.358 PROCEDURE FOR PLAN EFFECTUATION; SUBDIVISION REGULA- TIONS. Subdivision 1. [Repealed, 1980 c 566 s 35] Subd. la. Authority.To protect and promote the public health, safety,and general welfare,to provide for the orderly,economic,and safe development of land,to preserve agricultural lands,to promote the availability of housing affordable to persons and fam- ilies of all income levels, and to facilitate adequate provision for transportation,water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities, a municipality may by ordinance adopt subdivision regulations establishing standards, requirements, and procedures for the review and approval or disapproval of subdivisions. The regulations may contain varied provisions respecting, and be made applicable only to, certain classes or kinds of subdivisions. The regulations shall be uniform for each class or kind of subdivision. A municipality may by resolution extend the application of its subdivision regula- tions to unincorporated territory located within two miles of its limits in any direction but not in a town which has adopted subdivision regulations; provided that where two or more noncontiguous municipalities have boundaries less than four miles apart,each is authorized to control the subdivision of land equal distance from its boundaries within this area. Subd. 2. [Repealed, 1980 c 566 s 35] Subd. 2a.Terms of regulations.The standards and requirements in the regulations may address without limitation: the size, location, grading, and improvement of lots, structures,public areas,streets,roads,trails,walkways,curbs and gutters,water supply, storm drainage, lighting, sewers, electricity, gas, and other utilities; the planning and design of sites; access to solar energy; and the protection and conservation of flood plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic features. The regulations shall require that subdivisions be consistent with the municipality's official map if one exists and its zoning ordinance,and may require con- L ri )6 9407 HOUSING, REDEVELOPMENT, PLANNING,ZONING 462.358 1S sistency with other official controls and the comprehensive plan. The regulations may is prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent with the comprehensive plan and the purposes of this section,particularly the preserva- x tion of agricultural lands.The regulations may prohibit,restrict or control development p for the purpose of protecting and assuring access to direct sunlight for solar energy sys- 5 tems. The regulations may prohibit, restrict, or control surface, above surface, or sub- 11 1 surface development for the purpose of protecting subsurface areas for existing or potential mined underground space development pursuant to sections 469.135 to 469. n 141, and access thereto. The regulations may prohibit the issuance of building permits i- for any tracts, lots, or parcels for which required subdivision approval has not been d obtained. d The regulations may permit the municipality to condition its approval on the con- 11 struction and installation of sewers, streets, electric, gas, drainage, and water facilities, ;r and similar utilities and improvements or,in lieu thereof,on the receipt by the munici- ispality of a cash deposit, certified check, irrevocable letter of credit, or bond in an .r amount and with surety and conditions sufficient to assure the municipality that the e utilities and improvements will be constructed or installed according to the specifica- 1f tions of the municipality. Sections 471.345 and 574.26 do not apply to improvements . 1_ made by a subdivider or a subdivider's contractor. 1- The regulations may permit the municipality to condition its approval on compli- ` ance with other requirements reasonably related to the provisions of the regulations 3 and to execute development contracts embodying the terms and conditions of 1 approval. The municipality may enforce such agreements and conditions by appropri- ,4 ate legal and equitable remedies. rt Subd. 2b. Dedication.The regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads,sewers,electric,gas,and water facilities, storm water drainage and holding areas ._ or ponds and similar utilities and improvements. In addition,the regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for 11 public use as parks, playgrounds, trails, wetlands, or open space; provided that (a) the municipality may choose to accept an equivalent amount in cash from the applicant .e for part or all of the portion required to be dedicated to such public uses or purposes 1- based on the fair market value of the land no later than at the time of final approval, r, d (b) any cash payments received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, (c) in establishing the `g reasonable portion to be dedicated, the regulations may consider the open space, park, 11 recreational, or common areas and facilities which the applicant proposes to reserve 'e for the subdivision, and (d) the municipality reasonably determines that it will need 11 to acquire that portion of land for the purposes stated in this paragraph as a result of approval of the subdivision. 1- Subd. 3. [Repealed, 1980 c 566 s 35] n Subd. 3a. Platting.The regulations may require that any subdivision creating par- o cels, tracts, or lots, shall be platted. The regulations shall require that all subdivisions h which create five or more lots or parcels which are 2-1/2 acres or less in size shall be 's platted. The regulations shall not conflict with the provisions of chapter 505 but may address subjects similar and additional to those in that chapter. Subd. 3b. Review procedures. The regulations shall include provisions regarding IS the content of applications for proposed subdivisions,the preliminary and final review s, and approval or disapproval of applications,and the coordination of such reviews with Y, ! affected political subdivisions and state agencies. The regulations may provide for the d consolidation of the preliminary and final review and approval or disapproval of subdi- d visions. Preliminary or final approval may be granted or denied for parts of subdivision d applications. The regulations may delegate the authority to review proposals to the j ►e planning commission,but final approval or disapproval shall be the decision of the gov- I 1- erning body of the municipality unless otherwise provided by law or charter. The regu- l ,_ I Ca 462.358 HOUSING, REDEVELOPMENT,PLANNING, ZONING 9408 lations shall require that a public hearing shall be held on all subdivision applications prior to preliminary approval, unless otherwise provided by law or charter.The hearing shall be held following publication of notice of the time and place thereof in the official newspaper at least ten days before the day of the hearing. At the hearing, all persons interested shall be given an opportunity to make presentations. A subdivision applica- tion shall be preliminarily approved or disapproved within 120 days following delivery of an application completed in compliance with the municipal ordinance by the appli- cant to the municipality, unless an extension of the review period has been agreed to by the applicant. When a division or subdivision to which the regulations of the munici- pality do not apply is presented to the city, the clerk of the municipality shall within ten days certify that the subdivision regulations of the municipality do not apply to the particular division. If the municipality or the responsible agency of the municipality fails to prelimi- narily approve or disapprove an application within the review period, the application shall be deemed preliminarily approved, and upon demand the municipality shall exe- cute a certificate to that effect. Following preliminary approval the applicant may request final approval by the municipality, and upon such request the municipality shall certify final approval within 60 days if the applicant has complied with all condi- tions and requirements of applicable regulations and all conditions and requirements upon which the preliminary approval is expressly conditioned either through perfor- mance or the execution of appropriate agreements assuring performance.If the munici- pality fails to certify final approval as so required, and if the applicant has complied with all conditions and requirements,the application shall be deemed finally approved, and upon demand the municipality shall execute a certificate to that effect. After final approval a subdivision may be filed or recorded. Subd. 3c. Effect of subdivision approval. For one year following preliminary approval and for two years following final approval, unless the subdivider and the municipality agree otherwise, no amendment to a comprehensive plan or official con- trol shall apply to or affect the use, development density, lot size, lot layout, or dedica- tion or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the municipality may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a require- ment to submit a new application. In connection with a subdivision involving planned and staged development, a municipality may by resolution or agreement grant the rights referred to herein for such periods of time longer than two years which it deter- mines to be reasonable and appropriate. Subd. 4. [Repealed, 1982 c 415 s 3] Subd. 4a. Disclosure by seller, buyer's action for damages. A person conveying a new parcel of land which, or the plat for which, has not previously been filed or recorded, and which is part of or would constitute a subdivision to which adopted municipal subdivision regulations apply, shall attach to the instrument of conveyance either: (a) recordable certification by the clerk of the municipality that the subdivision regulations do not apply, or that the subdivision has been approved by the governing body,or that the restrictions on the division of taxes and filing and recording have been waived by resolution of the governing body of the municipality in this case because compliance will create an unnecessary hardship and failure to comply will not interfere with the purpose of the regulations; or(b) a statement which names and identifies the location of the appropriate municipal offices and advises the grantee that municipal subdivision and zoning regulations may restrict the use or restrict or prohibit the devel- opment of the parcel, or construction on it, and that the division of taxes and the filing or recording of the conveyance may be prohibited without prior recordable certifica- tion of approval, nonapplicability,or waiver from the municipality. In any action com- menced by a buyer of such a parcel against the seller thereof, the misrepresentation of / zG 9408 Q409 HOUSING, REDEVELOPMENT,PLANNING.ZONING 462.358 itions :: or the failure to disclose material facts in accordance with this subdivision shall be :wring Li. grounds for damages. If the buyer establishes a right to damages,a district court hearing flicial y the matter may in its discretion also award to the buyer an amount sufficient to pay all rsons or any part of the costs incurred in maintaining the action, including reasonable attor- Mica- ney fees,and an amount for punitive damages not exceeding five per centum of the pur- ivery chase price of the land. :ppli- .' Subd. 4b. Restrictions on filing and recording conveyances. In a municipality in vd to which subdivision regulations are in force and have been filed or recorded as provided nici- •: in this section, no conveyance of land to which the regulations are applicable shall be '"• ithin filed or recorded, if the land is described in the conveyance by metes and bounds or )the • by reference to an unapproved registered land survey made after April 21, 1961 or to an unapproved plat made after such regulations become effective. The foregoing provi- imi- cion does not apply to a conveyance if the land described: tion (1) was a separate parcel of record April 1, 1945 or the date of adoption of subdivi- exe- sion regulations under Laws 1945, Chapter 287, whichever is the later, or of the adop- may tion of subdivision regulations pursuant to a home rule charter, or tlity (2) was the subject of a written agreement to convey entered into prior to such ndi- time, :nts (3) was a separate parcel of not less than 2-1/2 acres in area and 150 feet in width i for- nn January 1, 1966, or ? ici- ied (4) was a separate parcel of not less than five acres in area and 300 feet in width ed, on July 1, 1980, or nal (5) is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the divi- sion of the parcel into two or more lots or parcels, any one of which is less than five Hy acres in area or 300 feet in width, or :he m_ (6) is a single parcel of residential or agricultural land of not less than 20 acres and :a_ having a width of not less than 500 feet and its conveyance does not result in the divi- ,r soon of the parcel into two or more lots or parcels, any one of which is less than 20 acres th in area or 500 feet in width. is In any case in which compliance with the foregoing restrictions will create an ty, unnecessary hardship and failure to comply does not interfere with the purpose of the id subdivision regulations,the platting authority may waive such compliance by adoption e- of a resolution to that effect and the conveyance may then be filed or recorded. Any ;d owner or agent of the owner of land who conveys a lot or parcel in violation of the provi- ? sions of this subdivision shall forfeit and pay to the municipality a penalty of not less to r_ than $100 for each lot or parcel so conveyed. A municipality may enjoin such convey- ance or may recover such penalty by a civil action in any court of competent jurisdic- tion. a Subd. 5. Permits. Except as otherwise provided by this section all electric and gas distribution lines or piping, roadways, curbs, walks and other similar improvements r shall be constructed only on a street, alley, or other public way or easement which is i designated on an approved pproved plat,or properly indicated on the official map of the munici- i pality, or which has otherwise been approved by the governing body. When a munici- , pality has adopted an official map, no permit for the erection of any building shall be , issued unless the building is to be located upon a parcel of land abutting on a street or designated upon an approved1 highway which has been p plat or on the official map or which has been otherwise approved by the governing body, and unless the buildings conform to the established building line. This limitation on issuing permits shall not apply to planned developments approved by the governing body pursuant to its zoning ordinance. No permit shall be issued for the construction of a building on any lot or parcel conveyed in violation of the provisions of this section. Subd. 6. Variances. Subdivision regulations may provide for a procedure for vary- ing the regulations as they apply to specific properties where an unusual hardship on the land exists, but variances may be granted only upon the specific grounds set forth 462.358 HOUSING,REDEVELOPMENT, PLANNING,ZONING 9410 72 in the regulations. Unusual hardship includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Subd. 7. Vacation.The governing body of a municipality may vacate any publicly • owned utility easement or boulevard reserve or any portion thereof,which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways under a home rule charter or other provisions of law. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is desig- nated on the recorded plat as "boulevard reserve". Subd. 8. Plat approval under other laws. Nothing in this section is to be construed as a limitation on the authority of municipalities which have not adopted subdivision regulations to approve plats under any other provision of law. Subd. 9. Unplatted parcels. Subdivision regulations adopted by municipalities may apply to parcels which are taken from existing parcels of record by metes and • bounds descriptions, and the governing body or building authority may deny the issu- ance of building permits to any parcels so divided, pending compliance with subdivi- sion regulations. Subd. 10. Limitations. Nothing in this section shall be construed to require a municipality to regulate subdivisions or to regulate all subdivisions which it is autho- rized to regulate by this section. History: 1965 c 670 s 8; 1971 c 842 s 1; 1973 c 67 s 1; 1973 c 176 s 1; 1975 c 98 s 1; 1976 c 181 s 2; 1978 c 786 s 16,17; 1980 c 560 s 6; 1980 c 566 s 25-33; 1981 c 85 s 7; 1982 c 415 s 2; 1982 c 507 s 23; 1985 c 194 s 24; 1986 c 444; 1989 c 196 s 1; 1989 c 200 s 1; 1989 c 209 art 2 s 1 462.3585 JOINT PLANNING BOARD. Upon request of a home rule charter or statutory city council or county or town • board by resolution presented to the county auditor of the county of the affected tern- tory a board shall be established to exercise planning and land use control authority in the unincorporated area within two miles of the corporate limits of a city. The board shall have members in a number determined by the city, county, and town. Each gov- ernmental unit shall have an equal number of members. The members shall be appointed from the governing bodies of the city, county, and town. Upon request of more than one county or town board with respect to the unincorporated area within two miles of the corporate limits of a single city,the parties may create one board rather than a separate board for each county or town, with equal membership from each affected governmental unit. The board shall serve as the governing body and board of • appeals and adjustments for purposes of sections 462.351 to 462.364 within the two- mile area. The board shall have all of the powers contained in sections 462.351 to 462. 364 and shall have authority to adopt and enforce the uniform fire code promulgated pursuant to section 299F.011. The city shall provide staff for the preparation and administration of land use controls unless otherwise agreed by the governmental units. If a municipality extends the application of its subdivision regulations to unincorpo- rated territory located within two miles of its limits pursuant to section 462.358, subdi- vision 1 a, before the creation of a joint board, the subdivision regulations which the municipality has extended shall apply until the joint board adopts subdivision regula • - tions. History: 1982 c 507 s 24 462.359 PROCEDURE FOR PLAN EFFECTUATION; OFFICIAL MAPS. Subdivision 1. Statement of purpose. Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to nonpublic uses which could have been located on other lands without hardship or § 462.3521 PLANNING, ZONING tions protecting such areas against encroachment by buildings, other physical structures t or facilities. t Subd. 11. "Governing body" in the case of cities means the council by whatever name r known, and in the case of a town, means the town board. 4. Subd. 12. "Subdivision" means the separation of an area, parcel, or tract of land t under single ownership into two or more parcels, tracts, lots, or long-term leasehold s interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other use or any combination t� thereof, except those separations: § (a) Where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in d size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses; ft (b) Creating cemetery lots; (c) Resulting from court orders, or the adjustment of a lot line by the relocation of a ct st common boundary. nt Subd. 13. "Plat" means the drawing or map of a subdivision prepared for filing of rn record pursuant to chapter 505 and containing all elements and requirements set forth in lo applicable local regulations adopted pursuant to section 462.358 and chapter 505. fa to Subd. 14. "Subdivision regulation" means an ordinance adopted pursuant to section 11 462.358 regulating the subdivision of land. !'E Subd. 15. "Official controls" or "controls" means ordinances and regulations which foo control the physical development of a city, county or town or any part thereof including cdr o air space and subsurface areas necessary for mined underground space development ul pursuant to sections 469.135 to 469.141, or any detail thereof and implement the general m objectives of the comprehensive plan. Official controls may include ordinances establish- fa ing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. • of Subd. 16. "Preliminary approval" means official action taken by a municipality on an ap application to create a subdivision which establishes the rights and obligations set forth in de section 462.358 and the applicable subdivision regulation. In accordance with section 462.358, and unless otherwise specified in the applicable subdivision regulation, prelimi- ed nary approval may be granted only following the review and approval of a preliminary sp plat or other map or drawing establishing without limitation the number, layout, and location of lots, tracts, blocks, and parcels to be created, location of streets, roads, utilities 46 and facilities, park and drainage facilities, and lands to be dedicated for public use. land," "lot," "parcel," "property," "real estate," Subd. 17. Property rights. The words "area, ' i`interest in real property," "ground," nit and "real property," "site," "territory," mi "tract," and other terms describing real property shall include within their meaning, but im not be limited to, air space and subsurface areas necessary for mined underground space pr development pursuant to sections 469.135 to 469.141. • Laws 1965, c. 670, § 2, eff.Jan. 1, 1966. Amended by Laws 1973, c. 123, art. 5, § 7; Laws 1974, c. m; 317, § 2; Laws 1980, c. 509, § 153; Laws 1980, c. 566, §§ 19 to 23; Laws 1982, c. 507, § 21; Laws in,. 1982, c. 520, § 3; Laws 1985, c. 194, §§ 17 to 22; Laws 1989, c. 209, art. 2, § 1. itS the Historical and Statutory Notes eliminating certain redundant, conflicting and 1973 Amendment. Laws 1973, c. 123, art. 5, superseded provisions. § 7, was a general authority permitting the con- Laws 1980,c. 509, § 153 corrected a citation in frt solidation of the terms "villages" and "bor- subd. 10. � oughs" into the term "cities" or the substitution Laws 1980, c. 566, added subds. 12, 13, 14. 15 of the term "statutory cities" for "villages" and 16. Prior to repeal subd. 4 read: e. and/or • "boroughs." "'Platting authorityauthori ' means the governing 1' 19744 Amendment. Added to third sentence of rI subd. 10 relating to metropolitan area maps. body or other agency responsible under statute 4t'':. 1980 Amendments. Laws 1980, c. 509 was a or charter for the approval of plats of land Revisor's Bill correcting erroneous, ambiguous, within the municipality or within its area of i.. omitted and obsolete references and text and platting control." 138 P. A . MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Shakopee Refuse/Recycling Service Contract Amendment #4 DATE: December 12, 1990 INTRODUCTION: City staff has received correspondence from Mr. Mike Berkopec, General Manage, Waste Management - Savage, regarding an upcoming landfill tipping fee increase at the Burnsville Sanitary Landfill. Section J - 2 of the current Refuse/Recycling Service Contract Agreement states that should landfill tipping rates increase by more than 10% from their current rate of $56 a ton, the parties agree to reopen the contract at six month intervals. BACKGROUND: Shown in attachment #1 is the correspondence received from Mr. Mike Berkopec regarding Waste Management's request for a rate readjustment pursuant to the current contract. Note that Mr. Berkopec has calculated that the landfill increase equates to approximately a 540 per home per month increase. Additionally, Mr. Berkopec states that Waste Management is willing to expand the recycling program to include plastic containers and corrugated cardboard beginning in January. On November 18, 1990 this issue was presented to the Energy and Transportation Committee for their review, comment and recommendation. The Energy and Transportation Committee at that time felt that it was important to stabilize refuse collection rates for as long as possible. The Energy and Transportation Committee suggested that staff meet with Waste Management to develop a refuse collection contract amendment that would maintain base refuse collection rates in exchange for allowing our refuse hauler to retain a portion of the percs payment and/or material revenue that is being generated from the sales of the recyclables. On December 4 , 1990 staff met with representatives from Waste Management to negotiate an agreement which would avoid any increase in the base refuse collection rates on January 1, 1991, while offsetting costs that the hauler will incur as a result of the landfill increase and the expanded recycling program. Based on the number of household presently participating in our refuse collection program, I have calculated that the January 1 landfill increase equates to approximately 82% of the annual revenues generated from the sale of recyclables and the percs payments received from the County. Mr. Berkopec has agreed to maintain the present base refuse collection rates for a six month period if the City of Shakopee agrees to relinquish 82% of the material revenue generated and percs payment collected. This would leave the City of Shakopee with 18% of the material revenue and percs payment collected. This equates to approximately $6, 400. 00 per year. Staff is proposing to utilize these funds to offset costs associated with marketing our current refuse/recycling program. In the past, we have been receiving the percs payment and material revenue (1990 Estimate amount - $27 , 000) . This past year we used the revenues generated from these two sources to give everyone participating in our refuse/recycling program one month' s free refuse collection service. Under the new proposal, the concept of giving everyone a one month credit would be eliminated. The Energy and Transportation Committee does not favor the continuation of the annual credit since it rewards everyone equally for recycling when it is a known fact that not everyone is recycling. The Energy and Transportation Committee also believes that the volume based program provides the most incentive for Shakopee residents to recycle. If residents do not recycle, they are forced to acquire extra service refuse coupons. The increase in landfill tipping rates will cause the extra service refuse collection coupons to be increased from their present contract rate of $2 . 00 to $2 . 20 per coupon. The coupon will still be worth the disposal of one 30 gallon bag of refuse or 4 bags of yard waste. The actual over the counter rate of the extra service coupon will be increased from $2 . 25 to $2 . 50. Another alternative for the City Council ' s consideration would be to simply maintain the status quo in regard to the method in which recycling revenues and percs payments are disbursed. If the City Council finds that this is more desirous, it would be necessary to increase Shakopee residents refuse collection rates from their present contract level of $12 . 76 per month to $13 . 30 per month. The actual over the counter market rate would be increased from $13 . 68 to $14 . 25. Senior Citizens would continue to receive a 15% reduction off the regular refuse collection rate. Staff is recommending that the Refuse/Recycling Service Contract be amended to allow Waste Management to retain 82% of the material revenue and percs payments and that refuse collection rates be maintained at their current level for a six month period. Additionally, staff is recommending that if the total percs payment and/or material revenue change upward or downward, by 20% or more that both parties agree to renegotiate the percentage of monetary reimbursement available to each party. Finally, staff is recommending that the contract be amended to increase the contract extra coupon rate from $2 . 00 to $2 . 20. Staff believes that this alternative will be attractive to Shakopee residents and will also eliminate problems that we have had in crediting Shakopee residents who are participating in the City's recycling program. Shown in attachment #2 is Shakopee Refuse/Recycling Service Contract Amendment No. 4 . The proposed contract amendment amends those sections of the Refuse/Recycling Service Contract to coincide with staff' s recommendation. If the City Council concurs with staff' s recommendation, it would be appropriate at this time to approve Shakopee Refuse/Recycling Service Contract Amendment No. 4 . L ALTERNATIVES: 1. Approve Shakopee Refuse/Recycling Service Contract Amendment No. 4 as drafted. 2 . Amend Shakopee Refuse/Recycling Service Contract Amendment No. 4 and move its adoption. 3 . Maintain the current system in place which allows the City of Shakopee to retain all revenues and percs payments collected in conjunction with the City's recycling program and increase Shakopee residents ' refuse collection rates by 540 per home to offset the January 1, 1991 landfill increase. 4 . Table actin pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to approve Shakopee Refuse/Recycling Service Contract No. 4 . auservcont Attachment # 1 Waste Management-Savage 1)./ 12448 Pennsylvania Avenue South Savage, Minnesota 55378 A Waste Management Company 612/890-1100 • FAX: 612/890-5143 December 7, 1990 OEC , 11990 Barry Stock C47)( 01:: .- City ITYQti .-City of Shakopee ' A Opi zP 129 East First Ave Shakopee, Mn 55379 Dear Barry: On January 1, 1991, landfill tipping fees at Burnsville Sanitary Landfill will increase to $62.50 per ton. This is a 12% increase over last years rate. This increase will be covering increased costs at the landfill and an increase in the county landfill surcharge tax. On November 29, 1989, I sent you a letter (attached) stating the landfill rates in 1990 and the monthly tonnage in the City of Shakopee. The rate in 1990 is $56.00 per ton. Consequently, given an average of 220 tons per month total disposal in Shakopee, the net effect of the increase is $1430 per month or 54 cents per home per month. As per the current contract, I would appreciate your consider- ation of a rate adjustment to cover a justified landfill tipping rate increase. In addition to the above change, Waste Management is prepared to expand curbside recycling and continue Shakopee's leadership position in Scott County. Shakopee's leadership position will be further enhanced by the addition of corrugated cardboard and plastic bottles to the curbside recycling program. We have also installed extensive processing equipment at our recycling center in an effort to increase overall participation. Our Recycle America System maximizes ease and convenience. We simply ask the customer to separate their material into three logical categories. The co-mingling of containers (glass, cans, plastics) is allowed to encourage participation and streamline route efficiency. The new preparation specifications are as follows: CONTAINERS - glass containers, metal food, and beverage containers and plastic bottles are placed loose inside container. NEWSPAPER - Bag or bundle newspapers including advertising supplements and place in or alongside container. CORRUGATED CARDBOARD - Broken down and placed in or next to the container. a division of Waste Management of Minnesota. Inc. 2)" ( A Waste Management Company g Co pa y All plastic bottles with a neck are recyclable except those that once held household hazardous waste (pesticides, solvents, paints, weed control products, motor oil) . I have attached a plastic bottles specifications sheet. As in the past, Waste Management will aid the city in promoting this new, improved program. To cover the increased recycling processing costs and the landfill increase, I suggest that we change the current reimbursement program in regards to material revenue and Scott County PERCS payment. As in the past, both material revenue and PERCS payment continue to be collected by Waste Management and then passed on to the City of Shakopee. To avoid any increase in the base garbage rates, I suggest that Waste Management retains 82% of the material revenue and PERCS payment. The remaining 18% would be given to the City of Shakopee. If total PERCS payment and/or material revenue change upward or down- ward, by 20% or more, we should agree to renegotiate the percentage of monetary reimbursement available to each party. The base rates to be used are listed below. Scott County PERCS $32 per ton Newspaper $ 0 per ton Glass $50 per ton Mixed Glass $ 0 per ton Aluminum Cans $800 per ton Steel Cans $30 per ton Plastic Bottles $80 per ton Corrugated Cardborad $10 per ton A potential change in the current volume based fee system continues to be a topic for discussion. If we continue to allow non-base rate customers to purchase coupons) this will give small volume waste generators in Shakopee the opportunity to have a lower cost. Al Frechette from Scott County suggests that we continue this program to ..qualify for PERCS. Please call me if you have any further questions. Sincerely, WAS E AGEMENT-SAV. E 1001011" 1 Mike Berkopec General Manager t 41 ATTACHMENT #1 VVa12443 P Nrr sager 14�� 1243 P>�:..^.s�riv:�r.. Sa'•-ge. ^nese.: A Waste Management Compary 612.39CFAX. \eV November 29, 1989 Barry Stock City of Shakopee 129 East 1st Ave Shakopee, MN. 55379 Dear Barry, The enclosed attachment outlines the various issues facing Waste Management and the City of Shakopee in 1990. The primary impact will be higher refuse rates due to increased landfill costs and the closing of Louisville Landfill. These large increases in disposal cost over recent years require an additional amendment, beside rate adjustments, to better response to disposal cost changes. In section J.2 of the contract, the parties are allowed to reopen the contract at six month intervals if tipping rates increase by more than 25%. This term has been part of the contract since at least 1984. Given the significant in- crease in government intervention and landfill costs, I feel this term should be updated for two reasons. First, disposal rates are subject to change on very short notice due to new regulations or government taxes. For example, in October of 1989, we were given less than 30 days notice that the Louisville Landfill rate was increasing due to a township tax. Second, disposal costs continue to increase as a percentage of total costs. Consequently, changes in disposal rates have a significant impact on overall costs. For example, when we start hauling to Kraemer Landfill, a $4.00 per ton increase in dis- posal cost will cost about $1200 per month or $.44 cents per home, (240 tons month) . Given this significant change in cost make-up, I propose that the con- tract be amended as follows: Section J.2. Should landfill tipping rates increase by more than 10% from their current rate (1/1/90 $11. 10/yard, 5/14/90 $56.00 ton) , the parties agree to reopen the contract and negotiate a rate increase based on justified cost in- creases. I appreciate your consideration of these changes relative to the uncertainty of disposal costs. Please call me if you have any questions. Sinceely, Y Mike Berkopec General Manager MB/men fL SPEC H 9-90 MATERIALS SPECIFICATIONS POST-CONSUMER PLASTICS CATEGORY H: ALL PLASTIC BOTTLES DESCRIPTION: EXAMPLES OF PRODUCTS INCLUDED IN THIS SPECIFICATION: o All soda Bottles ° Dishwasher detergent o Milk ° Dish detergent o Juice ° Windshield washer o Water ° Ketchup o Other non-carbonated ° Cooking oils beverages ° Shampoo o Laundry detergent ° Cosmetics o Bleach ° Vinegar o Fabric softener ° Maple Syrup RESIN TYPE: 1. PET clear or green SPI CODE # 2. HDPE natural or pigmented 3. PVC clear or pigmented 4. Poly propylene - clear or pigmented 6. Poly styrene - clear or pigmented 7. Other - e.g. multi-layer ketchup bottles, maple syrup bottles Examples of products and materials to be excluded: o Plastic film (e.g. plastic bags, plastic wrap) o Non-bottle containers (e.g. yogurt, margarine, ice cream, hamburger clam shells, styrofoam cups, microwave trays) o Automotive products (e.g. car wax, polish) o Household hazardous waste such as - Pesticides - Solvents - Paints - Weed control products - Motor oil Iv Attachment # 2 Shakopee Refuse/Recycling Service contract Amendment # 4 The following sections are hereby amended and adopted effective December 18, 1990. Amend Section b. (3) : Any refuse disposed of above and over the capacity of the 65 gallon cart must have a contractor/City of Shakopee voucher attached. Said vouchers will be provided by the contractor and sold to Shakopee residents by the City of Shakopee. The fee for each voucher shall be $1. 50 S2Y20. All revenues collected from the sale of vouchers shall be the property of the contractor. The City will reimburse the contractor on a monthly basis for all vouchers sold be the City. Amend Section b. (5) : Shakopee residents may request the provision of an additional refuse cart for an additional disposal fee of -$-6- $ 53 per month. The contractor shall be obligated to provide additional refuse carts to residents upon a 30 day notice from the from the resident. Additional carts shall only be made available to those persons who are willing to provide payment for the additional cart for at lease six months. Amend Section b. (6) : Beginning april 15, 1989 , the contractor shall be responsible for the collection of yard waste, including grass clippings and leaves on a weekly basis between April 1st and November 15th. The cost of the yard waste collection program shall be handled through the extra service coupon. All yard waste that is not disposed of in the refuse cart shall be treated as additional waste and shall be subject to the $1. 50 tit4b voucher fee between the months of November through March. Between April 1st and November 15th Shakopee residents may dispose of yard waste at a rate of ....... >55 per 30 gallon bag. .... .......... Yard waste collection service shall be provided on a weekly basis to all residents in the Refuse Collection Service area. Yard waste collection may not necessarily be provided to the customer on the same day as regular refuse collection. The contractor shall split the refuse collection service area into two quadrants. Quadrant 1 shall be provided with Tuesday yard waste collection service. Quadrant 2 shall be provided with Friday yard waste collection service. All tonnage based grant provided from the county for the disposal of yard waste, shall remain the property of the City. The yard waste collection program shall be provided through the remainder of the contract period and may be terminated upon a 30 day written notice to the contractor from the City. Amend Section j . (1) : For the year beginning Dcccmbcr 15, 1989 ' "``'°:; `:;`` '5001 the charge for regular pickup shall be $10. 20 ...47,x ?:;:.::: ::t........:...:;.:. .. $; :2>_€_ 6 per month, Senior Citizen pickup shall be Y£3 .70 ! 1:0:':::85 per montY : Amend Section j . (2) : Should landfill tipping rates increase by more than 10% from their current 1/1/90 $11. 10 per cubic yard, ' s 5/14/90 $56.00 ton >��>:�:='�s:.,;. .;..::-:>:::::-:��:=» �'� ��':'` , the part ie agree e to reopen the contract at six Month intervals. Amend Section k. (11) All materials collected by the contractor in conjunction with the weekly curbside recycling program shall become from the initial receipt thereof the property of the City. The contractor shall be responsible for transporting all recyclable materials to a pre-approved recyclable material handling center. The contractor shall .::;.-:: ' ....,.::.:,s..,«_ ::. retirenue::::>a d::::::Sco:tt:::::: a ilie SCS:::pa in:t<ec ct laet :»aid be responsible `for...`suli-iriitting-the"remainn ig revenues to the City by the 15th day of each month following the month in which the payment is received `` from the material handler :.:9 ii>ii$'>.::' .`igli. yii . Each monthly documentation of materials collected, weight---tickets and pay off slips shall also be submitted to the City. '> if igg enta:::::> arge>:upward:::...: r r__{:� >: :- :::::> :: wsis:::: .:: . :::::z:: > >::::::::::: ..' ;.�'{.<.:>.:::: :'. } y� Erb'.. RT�r� .�"r. .�r..... .............1t..��,��'C.��1 .l�t�)'�:...,�,�.T+�. lT.: ...r�s..ttt.��„�,4j,..t.,,��:. � J?..��,,.,it...:.�r� ::::: Ease gate _::. ,...,,,:.;;:er..._.t. n n :.>....r::>ton :«:>:�: a .... . $B PlasticPIattaid0BottittnummammuRm THE CITY OF SHAKOPEE By: It's Mayor By: It's City Administrator By: It's City Clerk Date: WASTE MANAGEMENT INC. By: It's Director of Operations Date: au: seragrmt 13 • STATE OF MINNESOTA •' t w OFFICE OF THE ATTORNEY GENERAL • !.s onyx Fr..r..-r December 14, 1990 1. :•. "•;;:, Hc„IBERT H. J-HJMPHREY, III (,17:1 .. ATTORNTY Mr. Phillip R. Krass Shakopee City Attorney Marschall Road Business Center 327 Marschall Road P. O. Box 216 Shakopee, 55379 Dear Mr. Krass: In you: letter to this office you direct attention to Minn. Stat. § :71.87 (1990) which relates to prohibiteda publicstate, in substance, that co^:,�icts of interests of officers. You the City of Shakopee, a statutory city, has established a public utilities commission, which operates both the ellectrical utility owned by the city as well as the city' s water system. One of the members of the con*nission works as an estimator and project manager for a construction firm which often bids on certain city projects. You identify two categories of projects in which the commission is typically involved, i.e., (1) Chapter 429 Projects, and, (2) Utility Commission Projects. The essential characteristics of each can be summarized as follows: (1) Chapter 429 Projects - these are local improvements (e?.. extensions of water lines) undertaken and specially assessed against benefited property pursuant to Minn. Stat. ch. 429 (1990). Whether an improvement of this kind is req=uested by the con-mission or a private party, or is initiated by the city council, it is the commission which prepares the specifications under which the construction occurs. However, all required public hearings. the bidding process and the award of the contract for the improvement are handled exclusively by the city council. Changes in the plans and reviews of any change order requests are handled jointly by the city and the commission stat and inspection of water lines is handled by the latter. (2) Utility Commission Projects - these are projects (e.g., water towers and wells) undertaken solely by the commission and not intended to be specially assessed. In such cases, the commission creates the specifications for the project and handles the bidding process and award of the contract. In connection with these facts, you submit three questions concerning possible conflicts of interest involving the public utilities commissioner who works for the construction firm which bids on city projects. Your first question is whether the commissioner would have a conflict of interest under. Minnesota law if the constructiorn firm were to submit a bid to the city on a "Chapter 429 Project.' In my opinion, the commissioner would have a potential convict of interest under section 471.87, supra. if the • 7,00 . 39dd 33dO) UHS OL 306NOL4 ASN i S tid%i WO6 a L E : i t OE , LI 7 DEC-1'-.550 18:5E FROM MN f1 j2.:r Mr. Philip R. Klass 13 9/ December 14, 1990 Page 2 construction firm were to submit such a bid with the understanding that the commissioner, as its employee, would act as the project manager on its behalf: moreover, the commissioner would have an actual convict of interest under that statute if the firm were ultimately awarded the contract in this situation. Section 471.87 provides as follows: • Except as authorized in section 471.58, a public officer who is authorized to take part in any manner in making any sale, lease, or contract in 0fncial capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. Every public officer who violates this provision is guilty of a gross misdemeanor. Absent facts indicatira otherwise, it is assumed here that none of the exceptions in secon 471.88 is apoacabie.l This office has previously raled that the prohibitions of this statute are operative only where all elements are present. Ops. At-v. Gen. 59a-32, September 11. 1978, and 90c-5, January 15, 1960. AL elements would be present under the facts herein only if the contract ultimately awarded by the city council were one which the commissioner in question (1) was authorized to take part in any manner in making in his official capacity, and (2) in which he voluntarily had a personal financial interest or from which he received a personal financial benefit. In my opinion all of these elements would be present if the construction firm were awarded the contract under the facts and assumptions herein. The commissioner would be authorized to take part in :naldng this contract'in his official capacity in view of the role of the commission in the preparation of the specifications for the project. In Op. Atty. Gen. 90e-6, June 15, 1988, we concluded that "making' a contract under this statute should be understood in a broad sense as including more than merely voting thereon and we quoted thein Millbrae Assn, For Residentia S rival v. city of Millbrae 262 Cal. App. 2 cot:.r'� 2d • 222, 236, 237, 69 Cal. Rptr. 251, 262 (Cal. Ct. App. 1968), which had before it a comparable conflict of interest statute: Under Government Code sec or. 1090 the test is whether the officer or employee participated in the making of the contract in his official capacity. .though section 1090 refers to a contract "made' by the officer or employee, the word "trade" is not used in the statute in its narrower and technical contract sense but is used in the broad sense to encompass such embodiments ' in the making of a contract as preliminary discussions, negotiations, compromises. reasoning, planning, drawing of plans and specifications and solicitation for bids. Such construction is predicated upon the rationale that government officers and employees are expected to exercise absolute loyalty ::e T' of Minn. Stat. § 412.311 (1990) relatinz to conflicts of interest of city 1. protiasior, -- council members is likewise inapplicable here. COO ' 3JU'd 33d0AtIHS 01. 30'N0N QNt+ SSd8>1 W0'3 LS : i : 06 , 1 t D3(1 Mx. Philip R. Krass 13ct..-- December 14, 1990 Page 3 and undivided allegiance to the best interests of the governmental body or agency of which they are officers or employees, and upon�t;:�ebasis that the object of such a statute is to remove or limit the possibility of any znrsonal influence, either directly or indirectly which may bear on an ofi.cer s or employee's decision- Whether the commissioner herein actually participates in preparing the specifications for the project and is therefore involved in "making" the contract is immaterial under section 471.87s 71.8 isince, as a member of the commission, he is authorized to do so. See. ems_,. Ops. Any. Gen. 90e-1, May 12 1976, 90e-5, November 13, 1969, 470, June 9, 1967 and 90e-5, Febnian, 25, 1954, in which we have consistently held that whether the interested officer actually fakes part in making the particular contract in his official capacity is not relevant under this statute.2 The commissioner would also have a financial interest in a contract awarded to a construction firm which employed him to manage, or otherwise superintend, the project covered by the contract. See Ops. Atty. Gen.. 90a-I, August 13. 1965 .and September 21, 1955 indicating that a municipal council member employed in a supervisory capacity by a construction company contracting with the municipality would, by virtue of such employment, have an interest in the contract within the prohibition of the statute. The opinions point out that this could give rise to a conflict of interest at such time as the member might be required to superintend the same contract on behalf of the municipality - a situation which could arise under the facts herein since the commission, through its staff, is involved is reviews of change order requests as well as the inspection of the completed project.3 Your second question is whether the commissioner would have a conflict of interest under Mcrvesota law if the construction arrn were to submit a bid to the commission on a i 2. This is in contrast to the common law rule where nonparticipation by the interested officer canavoid potentialof theaction. See Lenz V. Coon Creek f invalidation. � n . Water shed_Disrrct 278 Minn. 1, 153 N,W.2d 209 {1967); Op, Atty. Gen. 59a-32. September ..1, 1978. The facts here can be distinguished from those in. Op. Atty. Gen. 59a-29, April 21, 1967, in which municipal utility commission members were not barred by Minn. Stat. . § 471.87 from contracting with the municipality since they were not, as commission members, author zed.to take part in rnaldng municipal contracts. See also Ops. Atty. Gen. 140b-6,January 21. 1965 and 90a-2, December 30, 1959. 3. If the commissioner were not involved in supervising the performance of the contract on behalf of the construction f rx:, his employment by the firm on a salary or hourly ' constitute a- rohibi.ec wage basis would not, in and of itself and absent other facts, P financial interest within the contemplation of the statute. See generally Op. Atty. Gen. 90a-1, October 7, 1976 and opinions cited therein. b00 . 3Stid 33dCAHH5 01 3oanoH at Sed;i .. _ �_ _ _ • 72'E . _ : : Mr. Phillip R. brass /3 61/ December 14, 1990 Page 4 • "Utility Commission, Project." In rny opinion the commissioner would be exposed to the same potential and actual conflicts of interest discussed in the response to your first question, supra. except that here there would be no question about his authority to take part in "making" the contract in his official capacity since the commission would, under the stated facts, be involved in virtually all aspects of the contract process. Your third and f'nc i ouestion is whether the commissioner would have a conflict of interest under Minnesota law prior to the time the construction firm submits a bid on either a "Chapter 429 Project" or a "Utility Commission Project." While the commissioner would have no actual conflict of interest, under section 471.87, prior to the award of a contract to the construction firm under the facts and assumptions herein (lee answers to questions one and two, supra,) he could conceivably be found to have a conflict of interest, under common law principles, which would disquali y him from voting to initiate projects upon which such firm would, in all likelihood, be bidding. The criteria to be used in determining whether he would have a disqualifying interest under the common law are set forth as follows in Lenz v. •sr r -'• 'gate chi Dist 'ct, 278 Minn. 1, 153 N.W.2d 209 (1967): The purpose behind the creation of a rule which would disqualify public officials from participating in proceedings in a decision-making capacity when they have a direct interest in its outcome is to insure that their decision will not be an arbitrary reflection of their own selfish interests. There is no settled general rule as to whether such an interest will disqualify an official. Each case must be decided on the basis of the particular facts present. Among the relevant.factors that should be considered in malting this determination are: (1) The nature of the decision being made; (2) the nature of the pecuniary interest; (3) the number of officials ma':dng the decision who are interested; (4) the need, if any, to have interested persons make the decisions; and (5) the other means available, if any, such as the opportunity for review, that serve to insure that the officials will not act arbitrarily to further their selfsh interests. Ld. at 15, 153 N.W at 219 (footnote omitted). See also T�u�-sl- u Boa-d of LV 1. - .e Va,le�j Township v. Lewis, 305 Minn. 488, 234 N.W.2d 815 (}975) and E.T.©.1 Inc. Town of ��aio1},-375 N.W.2d 815 (Minn. 1985). The latter case also indicates that, even though Minn. Stat. S 471.87 may not be operative in a given situation, it nonetheless "makes clear the intent of the legislature to assure that a public official of Minnesota have no personal financial interest in an action performed in'his o kill capaci`y." Id. at p. 820. • • • • • S00 ' 39dd 33d0`•1NH5 01 30dNOW QNB SS1j8:1 WOdd 6S : I I 06 , LI D3' Mr. Phillip R.Krass 3 a. December 14, 1990 Page 5 Rn ascertaining whether an officer has a disqualifying interest under the common law rule, "(ejach case must be decided on the basis of the particular facts present." Lenz. supra. in view of the factual determinations involved, no attempt is made here to resolve this issue. atg Op. Atty. Gen. 629-a, May 9, 1975, indicating that we do not, by opinion, attempt to make determinations of fact. Very truly yours, MICHAEL R G-. AGHER Special Assistant r Attorney General. MRG/gpp • • 900 ' 30dd 33d0>IbHS 01 306NOW QNd SStidA WOd3 0S : T I OE , LI J3' CSL .. � ��11\i Iib MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Directo r SUBJECT: Surplus Equipment DATE: December 13, 1990 INTRODUCTION: Staff is requesting that the City Council declare an old, hydraulic pump for a snow plow as surplus equipment and authorize the City Administrator to sell. BACKGROUND: Section 2 .70, Subdivision 3 of the Shakopee City Code allows for the City Administrator to sell excess property if the value is less than $1, 000 once the City Council declares it as surplus property and "no longer needed for a municipal purpose" . Staff has found an old, hydraulic pump for a snow plow in our storage mezzanine that is not needed for the Public Works operations. This particular pump only moves the plow blade up or down and is not compatible to our plows today, which also move the plows left and right. This pump will not work on any of our existing plows and is clearly surplus. Staff has found a buyer for this particular piece of equipment. The City Mechanic has estimated its current value at $100. 00 and the buyer is willing to pay that amount. Staff does not feel that this item would sell for anywhere near that amount at the annual Scott County auction and recommends approval of this request. ALTERNATIVES: 1. Declare the item surplus and authorize the City Administrator to sell it. 2 . Deny the request. ACTION REQUESTED: Move to declare the old hydraulic pump for the snow plow as surplus property and authorize its sale by the City Administrator. DH/pmp PUMP T MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR SUBJECT: COPIER AT PUBLIC WORKS DATE: DECEMBER 4 , 1990 INTRODUCTION Staff is requesting a budget amendment, for the purpose of purchasing a desk top copier for the Public Works Building. BACKGROUND The Public Works Department is s:,!eking permission to purchase a desk top copier. The documentation and paperwork associated with the Public Works Department, as well as any governmental office, is fairly substantial and the lack of a copier severely hampers our operations. 1 Copies are kept of all record keeping submitted to the State, Scott County, other City Departments , correspondence, purchase orders, time sheets, internal policies and procedures, schedules, work assignments, maintenance records, etc . A copier would he extremely advantageous for the Public Works Office and would improve our record keeping as well as providing more efficient use of staff time. Currently staff must either go to City Hall or to the Police Department to make copies. Even though the Police Department is immediately adjacent to Public Works , it; is somewhat inaccessible in that there is no direct assess between the two buildings without going outside. It is basically two separate buildings. In addition, the Police Building is secured and Public Works staff must be let into the Police Building the same as any other visitor. As the Public Works office is often occupied by a single staff person (secretary) , whenever that person is at. the Police Building making copies the Public Works office is unoccupied . To the best of my knowledge, the Public Works Building is the only City building that does not have a copier. City Hall has several , Police, Fire Department and Library all have copiers. The Management Information Specialist, Steve Hurley , has talked to several copier vendors, looked at numerous models and has tried many copiers in an attempt to find a reasonable priced • tI, ! : Tit ••t•„,.. i�r� E ;•Y It E' i . desk top copier that will suit our purpose and produce acceptable quality copies. He is recommending that we purchase a Minolta copier from Copy Duplicating Products for a cost of $995.00 . According to Steve, this is a brand new copier which retails for around $3000. The current purchasing policy allows the City Administrator to approve of all purchases of less than $1000, if budgeted . A copier would be considered Capita] Equipment and the Public Works Department has expended this portion of the 1990 budget. As of October 31 , 1990 the Public Works Department still has $15 ,600 remaining in our supply budget. Based on projections for the remainder of 1990 , it does not appear that all of that line item will be expended. Staff is requesting that $995 be transferred from supplies (4210) to Capital Equipment (4511 ) for the purpose of purchasing a copier. The copier would be delivered in 1990 . Attached is Resolution No. 3324 amending the Public Works Budget accordingly. ALTERNATIVES 1 . Approve of the budget transfer. 2. Deny the request and direct the Public Works Department to include this item in the 1991 Budget. As the 1991 budget has already been adopted, a budget transfer would still be required in 1991 . 3 . Deny the request and direct the Public Works Department to submit this item in the next Capital Equipment Budget that will be prepared in 1991 for purchases in 1992 . RECOMMENDATION Staff recommends Alternative No. 1 . ACTION REQUESTED Offer Resolution No. 3324 , a Resolution amending 'Resolution No. 3159 adopting the 1990 Budget, and move its adoption. /3 `� RESOLUTION NO. 3324 A RESOLUTION AMENDING RESOLUTION 3159 ADOPTING THE 1990 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are changed as follows: Fund Division Account Amount GENERAL STREET 01.4511.421.42 + $995. 00 GENERAL STREET 01.4210.421.42 - $995. 00 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1990. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney Or\ SENT13cA TO: Mayor Laurent Councilmembers FROM: Tom Steininger, Chief of Police SUBJECT: Vacant Police Sergeancy DATE: 12 12 90 INTRODUCTION: Sgt. Dennis Anderson retired on 10 01 90 leaving his Sergeancy vacant. The Police Civil Service Commission was made aware of this condition on that date. Council was advised of this on 10 02 90. BACKGROUND: State law requires the Police Civil Service Commission to establish "eligible registers" and to certify the three names standing highest on the appropriate list to fill any vacancy. These lists must be the result of competitive testing. On 10 15 90, the appropriate notices were posted inviting officers who wished to establish themselves as candidates to notify the Commission of their intentions. On 11 02 90, the Commission invited eight officers who identified themselves as candidates to participate in written testing which was administered on 11 20 90. The officers who passed the written test were interviewed on 12 08 90. After the interviews, the Commission recessed until 12 10 90 when they reconvened and certified the three candidates listed below as standing highest on the eligibility list from which the vacant sergeancy must be filled. Any of the three candidates may be appointed. 1. Ronald Carlson 80 . 49 2 . Raymond Erlandsen 79 . 29 3 . Brian Clark 78 . 45 Sufficient funds exist in the 1990 and 1991 Police Budgets to pay a sergeant should the council promote one. City policy provides that a newly promoted sergeant would be required to successfully complete a six month probation period. ALTERNATIVES: 1. Promote Officer Carlson to Sergeant. 2 . Promote Officer Erlandsen to Sergeant. 3 . Promote Officer Clark to Sergeant. 4 . Do not fill the vacant sergeancy. 3A RECOMMENDATION: Alternative #2 . All candidates represented themselves very well during testing and selection of finalists must have been difficult. The point spread between the top three candidates is only 2 . 04% indicating that they are all very knowledgeable. When you hired me, one of the challenges I accepted was to lead the police department into year 2000. Since then, we have agreed on some additional concepts which would make the Police Department more responsive to our community. Promoting Officer Erlandsen would provide the best fit on the managerial team which will accomplish these goals. ACTION REQUESTED: Appoint Officer Erlandsen to the position of Police Sergeant for the Shakopee Police Department at 1990 rate of $3250. 96 per month with subsequent adjustments as provided for by the Police Sergeant Union Contract. 13c& , TO: Mayor Laurent Councilmembers FROM: Tom Steininger, Chief of Police SUBJECT: Memo Regarding Sergeant' s Promotion DATE: 12 12 90 INTRODUCTION: There are two items in my memo of 12 12 90 requesting Council to promote a Police Sergeant that need to be adjusted. on 10 02 90. BACKGROUND: The original memo should have requested the Sergeant' s Promotion be made effective immediately. The starting Sergeant ' s wage indicated in the original memo should be $3112 . 60 per month. ALTERNATIVES: No Change. RECOMMENDATION: No Change ACTION REQUESTED: Appoint Officer Erlandsen to the position of Police Sergeant for the Shakopee Police Department, effective immediately, at the 1990 rate of $3112 . 60 per month with subsequent adjustments as provided for by the Police Sergeant' s Union Contract. 1 W * W * W * WWWWWW WW W * WW * WW * W * W * WW r �'4 A * A * A * AAAAAAAA A * AA * AA * A * A * AA C) (O C) * C) * C) * O)C)C)C)0)0 O)0 0) * MM * MM * 0) * 0) * 00 2 (O 0 * 0 * 0 * 00000000 0 * 00 * 00 * 0 * 0 * 00 m 0 00 * 00 * v * (./11J1 LAO CS)V1 U)U) U) * AA. * W W * Ni * r * 1.-.1-. 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W W W w W H CO H H O N vn N w H v \O O\ 0 1 \0 - 0 Co - 'n vi W 'J vi \n H vn \0 W -J 0 ON z vn '.0 'O H vi N \O V1 CO w 0 0 O\ N 0 -3 3- vn -P' N z c+ O N o N O 4' O o CO O O O\ Co O O v0 0 1-' w H 0 0 vn 0 0 0 0 0-1 0 0 W 'n 0 0 w 0 OD ON W Ow C) a 0 o 'b = - = 0 Z. C] CI) 0 _ 'd 7d •= MI =1 Orl =1 =1 Oi C 1 0 a s✓ K CD CD cD CD CD CD CD (D 0 0 Z 0 't 0 a a a a a a a H 1-y c+ 'i '-b r• r• r• r r• I r• r r• C) CD c+ c+ c+ c+ c+ � c+ c1 W NW-]NN Cl) C7 CA N K (D Oh QR c+ SD qi• K CSI CD 'Lf H P) CD H H --\C) O < 011 z N C a m 0 H3 < 1 C) CO ul N • w cG (D K 0) 0, C) Cr. ON000 I n \p 1 0 0 0 H H (CD tr�J °m 'd w ) CI r• C 0 Z [=1 c+ w co w w w W w wW W W C.) W C.) W W W LA)LA)LA) 0 � - � � � 4 w w w W w w w W w . ,JD 0 0 0 0 0 0 0 0 0 0 0 VO '.O \0 'O '-0 \JO \0 V0 V0 0 '0 C o 1 a\ vi - L..) N N H 0 \O Co -1 ON vi - w W w 0 • > '=1 t7 t7 CC) Cn CO = 3 3 b b b H x 0 _ _ = 3 < H H. P) CD c'. C) C) CD r• P Cti trj t7 CD 0 P (D H 11 H (D 0 0 c+ () c+ Oi CO Cn a 1 = H Cl) CD I 'i c+ c+ 'i = 'i a Cl) a .0 c. R • `+ x P 011 c+ c+ 0 ((DD n 0 C] 0 tO 0 M (D ''i 0 C] Z I--' c+ '-`) P `< =1x Cl) C ''1 x CD CCD lCD CA C) a c '1 (D a 0C) li N + '1 d Cin (D 0 I)) P '1 0 Cn Cn UR 11 CD .0 K cD CD CD X H} . D› W N N H rn W H C+ W W W W W \0 H H O N H vi N \0 -J - 0 op �- VI \O vi vn vt H \n \0 w -4 H \n \0 H '.n N \0 vi I-, 0 0 O\ N 0 -3 4 \n ON • O N O N O O CO O o ON OD O O o •O N H O 0 \.n 0 0 0 0 1 0 0 W vi 0 0 W 0 CO Q1-11MEMO TO: Mayor and City Council FROM: LeRoy Houser, Building Official RE: Electrical Contract DATE: December 3 , 1990 INTRODUCTION AND BACKGROUND: We currently have Terry Krominga under contract for our electrical inspections. His contract expires December 31, 1990 . We have attached a new contract to be executed for 1991 with Mr. Krominga. ALTERNATIVES: 1 . Renew the contract with Mr. Krominga. 2 . Do not renew the contract and seek another source for electrical inspections. RECOMMENDATION: I recommend we renew our electrical contract with Mr. Krominga. ACTION REQUESTED: Authorize the appropriate city officials to execute the electrical contract with Terry Krominga for the 1991 operational year. LH/jms CONTRACT FOR ELECTRICAL INSPECTIONS CITY OF SHAKOPEE Terry Krominga, Box 91, LeSueur, MN 56058, is hereby appointed electrical inspector for the City of Shakopee to serve at the pleasure of the City Council. The City of Shakopee acknowledges receipt of his electrical inspector' s bond in the amount of $1, 000 payable to the City of Shakopee in case of default. As such inspector, he hereby agrees to enforce the Minnesota Electrical Act, the Rules and Regulations of the State Board of Electricity thereunder and the appropriate Ordinances of the City of Shakopee, as pertaining to the licensing of electricians and inspection of electrical installations. The rate of compensation for his services shall be 80% of the electrical inspection fees collected by the City of Shakopee. In addition to any other rules, regulations or directives promulgated or issued under authority of the City of Shakopee, he hereby agrees to comply with the following rules: 1. Report to this office when called upon. 2 . Supply the City of Shakopee with a verification of automobile liability insurance on Form 1927 of the amounts of not less than $50,000 for any one per- son, $100, 000 for any one accident for personal injury and $10, 000 for property damage. 3 . Supply a monthly report of inspection completed. (Payment shall not exceed percentage or work completed) . 4 . Deposit with the City of Shakopee any inspection fees received in the field. 5 . Delegate authority and responsibilities to no one except duly authorized representatives of this office upon request. 6. Keep a Journeyman or Master electrician' s license in force at all times. By this appointment, the City of Shakopee places trust and authority upon Terry Krominga as an independent contractor qualified and certified as such to make electrical inspections in behalf of the City of Shakopee in the geographical area defined by the City' s corporate limits. t3 This appointment shall be dated concurrent with said bond, which shall terminate on December 31, 1991, unless amended or withdrawn previous to that date by the City of Shakopee or its duly authorized agents, or which shall terminate upon 30 days written notice by Terry Krominga requesting same. Approved by the Shakopee City Council this day of , 19 CITY OF SHAKOPEE Terry Krominga Mayor of the City of Shakopee Box 91 Present Address City Administrator LeSueur, MN 56058 City, State, Zip City Clerk CONTRACT FOR ELECTRICAL INSPECTIONS CITY OF SHAKOPEE Terry Krominga, Box 91, LeSueur, MN 56058, is hereby appointed electrical inspector for the City of Shakopee to serve at the pleasure of the City Council. The Cit', of Shakopee acknowledges receipt of his electrical inspector's bond in the amount of $1, 000 payable to the City of Shakopee in case of default. As such inspector, he hereby agrees to enforce the Minnesota Electrical Act, the Rules and Regulations of the State Board of Electricity thereunder and the appropriate Ordinances of the City of Shakopee, as pertaining to the licensing of electricians and inspection of electrical installations. The rate of compensation for his services shall be 80% of the electrical inspection fees collected by the City of Shakopee. In addition to any other rules, regulations or directives promulgated or issued under authority of the City of Shakopee, he hereby agrees to comply with the following rules: 1. Report to this office when called upon. 2 . Supply the City of Shakopee with a verification of automobile liability insurance on Form 1927 of the amounts of not less than $50, 000 for any one per- son, $100, 000 for any one accident for personal injury and $10, 000 for property damage. 3 . Supply a monthly report of inspection completed. (Payment shall not exceed percentage or work completed) . 4 . Deposit with the City of Shakopee any inspection fees received in the field. 5. Delegate authority and responsibilities to no one except duly authorized representatives of this office upon request. 6. Keep a Journeyman or Master electrician 's license in force at all times. By this appointment, the City of Shakopee places trust and authority upon Terry Krominga as an independent contractor qualified and certified as such to make electrical inspections in behalf of the City of Shakopee in the geographical area defined by the City's corporate limits. 3 ir This appointment shall be dated concurrent with said bond, which shall terminate on December 31, 1991, unless amended or withdrawn previous to that date by the City of Shakopee or its duly authorized agents, or which shall terminate upon 30 days written notice by Terry Krominga requesting same. Approved by the Shakopee City Council this day of 19 CITY OF SHAKOPEE -_ tires---. -�� Terry Krominga -' Mayor of the City of Shakopee Box 91 Present Address City Administrator LeSueur, MN 56058 City, State, Zip City Clerk / !i. TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Budget Compliance Criteria DATE: December 10, 1990 Introduction There seems to be increasing confusion and a need for more specific budget compliance criteria on the part of staff and Council. Background Council legally adopts a budget for the General and Special Revenue funds. The General Fund budget is adopted at the division level and at the fund level for the Special Revenue funds. It has been the policy for staff to look at the major categories of personnel services, supplies and services, and capital items for budget compliance. The budget is prepared by staff at the object level, i.e. overtime, supplies, fuel, insurance, etc. Any budget amendment is done by resolution. Although the budget is not actually changed, staff looks at shifting line item budget amounts between object codes within major categories when monitoring budgets. There are two issues for Council to consider. One is at what level does Council wish to adopt and control the budget. Two is how much latitude does Council wish to give staff to the change the budget. 1. Council may adopt the budget at the following levels; A. fund level B. the division level C. the division major category level D. the division object level E. the program level F. the program major category level G. the program object level Shakopee has not placed much emphasis on the program level and accordingly, any controls at the program level are not recommended because it would be very specific and more difficult to work with budget restrictions at that level of detail. The emphasis has been on division level budgeting with program level being more informational. Monthly program and division financial statements are produced at the object level. Staff needs this detail to be able to manage their budget. Council in the past decided not to deal with the budget in that degree of detail and accordingly, the budget document Council works with is at the major category level. Council may choose to deal with the budget at the higher levels of division totals or fund total. For the General Fund, I feel that the fund total is not sufficient detail for Council to work with, division total may be sufficient if Council desires that level. On the other Lit. hand, I feel that fund total for the Special Revenue funds is an adequate level for control by Council (Special Revenue funds have only one division each) . 2. Staff currently has no authority to change the budget. Any actual changes are done by resolution. The following are options for allowing staff to change budget amounts. A. fund level B. the division (program) level C. the major category (within division/program) level D. the object level (within major categories at division/program) Assuming that Council maintains control at the division level (item #1 above) staff recommends that the City Administrator or the Finance Director be given authority to change the budget within major categories within divisions (swap appropriations with no change in major categories within a division) . This would give staff some flexibility to manage the budget, clarify the current situation and make tracking the budget reports easier for department heads. Alternatives 1. Council adopting the budget at the; A. fund level B. the division level C. the division major category level D. the division object level E. the program level F. the program major category level G. the program object level 2. The following are options for allowing staff to change budget amounts. A. fund level B. the division (program) level C. the major category (within division/program) level D. the object level (within major categories at division/program) Recommendation Alternatives 1B and 2D. Action Move that Council control of the budget be at the fund level for the Special Revenue funds and the division level for the General Fund as shown on the resolution adopting the budget. Move that the City Administrator and the Finance Director are authorized to amend the budget by shifting appropriations between programs and/or object codes within major categories within divisions, i.e. division totals remain unchanged. #-1- h . CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Directo0)‘1.2/ SUBJECT: Tahpah Park Sprinkler System DATE: December 14, 1990 INTRODUCTION: Staff is seeking authorization to utilize Orr-Schelen-Mayeron and Associates, Inc. for completing the feasibility report on the above referenced project. BACKGROUND: On November 20, 1990 the City Council of Shakopee ordered a feasibility report prepared for installing water system improvements and underground sprinkler systems at Tahpah Park by Resolution No. 3311. The project was requested by the Shakopee Jaycees. The park maintenance division of Public Works also strongly recommended this project as the top priority park project. The Community Recreation Director also supports this project. Staff is currently working on 5 other feasibility reports for potential 1991 projects and does not feel that the Tahpah Sprinkler System report can be completed in an acceptable time frame if done in-house. In addtion, staff's expertise in well designs and estimate, sprinkler system design, etc. is somewhat limited compared to normal street/sewer projects. Based on these factors, staff is requesting authorization to utilize our consultant, Orr-Schelen-Mayeron & Associates, Inc. to prepare this feasibility report. Attached is a proposal from OSM to perform these services at an estimated fee of $3 , 500. 00. The proposed funding for this project would come from the Jaycees and special assessments (if City water were used versus wells) . The engineering costs would be included in the total project costs funded from these sources, if the project were ordered. If the project were not ordered, the engineering costs would be born by the City. ALTERNATIVES: 1. Accept the proposal from OSM of $3,500. 00. 2 . Reject the request. )14 RECOMMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: Authorize the appropriate City officials to execute the attached Extension Agreement with Orr-Schelen-Mayeron & Associates, Inc. for engineering services associated with preparing a feasibility report for a sprinkler system in Tahpah Park. DH/pmp -= •9171 1,' , __', :,=,_;•f Ili osx orr 13 ,e Schelen Mayeron d Associatts,1nC. December 13, 1990 202i East Hennepin Avenue Minnebpo:ig,?iN 55=03 612-33i-8660 FAX 1-3806 CityEns,. of Shakopee surveyors 129 East 1st Avenue Planners Shakopee, MN 55379 Attn: Mr. David Hutton, P.E. Director of Public Works Re: Contract Extension Agreement Tahpah Park Sprinkler System OSM Comm. No. 0073.91 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 a feasibility report for a sprinkler system in Tahpah Park. Orr-Schelen-Mayeron & Associates, Inc., agrees to accomplish the attached Scope of Services for a fee not to exceed $3,500. 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. Sincerely, ORR-SCHELEN-MAYERON CITY OF SIiOPEE & ASSOCIATES, L -C. Robert D. Frigaard, P.E. Associate ark,„e 6/ 4,(-44,11:4, John P. Badalich, P.E. Vice President /cmw 12/90-cos.dh ENGINEERING SERVICES FOR TAHPAH PARK SPRINKLER SYSTEM CITY OF SHAKOPEE, MINNESOTA OWE PE •F ERVI r! 'SR IBILITY REP 1 Prepare preliminary layout of underground sprinkler system for all 10 ball fields with a cost estimate per field. 2. Evaluate extending city water to Tahpah Park from 12th Avenue through platted but presently undeveloped property along with proposed assessments to adjoining property. 3. Evaluate as an alternate a well and pressure system within Tahpah Park to supply the sprinkler system. 4. Prepare final feasibility report showing alternatives and recommendations. 5. This work will be done using existing city as-buQ , topograph maps, and available plats. No field surveying is included for this 4 19 ck o MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: 1991 Fee Schedule DATE: December 13 , 1990 INTRODUCTION: Attached is Resolution No. 3328 which sets forth the fees for licenses and permits for 1991. BACKGROUND: The proposed fee schedule for 1991 is set out by department. Some fees could be listed in more than one department. Increases in fees are being recommended by the respective department heads. Increases in fees and added fees are shown in bold and underlined. When an increase is proposed, the old fee is crossed out so that one can see what the previous fee was. Page 7 and 9 - For clarification and consistency, the State surcharge tax has been added to the various permits listed in the Building Department. The Building Department has been collecting this fee all along. It is forwarded to the State. Page 10 - Permits for wells are deleted. They have been taken over by the State. Page 11 - The permit fee for residential lawn sprinkler systems has been increased from $18. 00 to $30. 00. Page 13 - The appeal fees to the Building Code Board of Adjustment and Appeals, the Housing Advisory and Appeals Board and to the City Counci have been increased from $75. 00 to $85 . 00 . This is consistent with the fees charged by the Planning Commission for appeals. Page 18 - The Sewer Availability Charge (SAC) for residential has been increased from $600 to $650 per unit. These fees are set by Metropolitan Waste Control Commission and are forwarded on to them. Page 19-20 - Fees for copies of accident reports have been increased to reflect actual cost. Fees for taped statements (audio and video) have been added. Page 20 - Fees for rental of city equipment have been increased by 10%. 1991 Fee Schedule December 13 , 1990 Page -2- Page 23 - Copies of the Flood Plain Map has been deleted from the fee schedule. We only have one original, which can be viewed by the public in the Engineering Department. Page 23 - Fees for copies of the city code, comprehensive plan, zoning ordinance, subdivision ordinance, and sign ordinance have been increased to more accurately reflect our cost to produce. Page 23 - Engineering employee fees have been increased by 25%. They have not been increased for about three years. These fees are charged to developers for inspections of public improvements installed by developers. Page 23 - A project administration fee for public improvement projects has been inserted into the fee resolution. Page 24 - Permit to work in public right-of-way has been increased from $15. 00 to $25. 00 to more accurately reflect the cost to the City (time and materials to process and inspect) . Page 24 - A lot corner survey fee has been inserted into the fee resolution. We have been charging it for some time, it just was not identified in the fee resolution. Page 24-25 - Municipal Swimming Pool Fees have been increased by $2 . 00. (See attached memo from Mr. Muenchow) Page 25 - Activity fees have been added under the Park and Recreation Department. (See attached memo from Mr. Muenchow) RECOMMENDED ACTION: After making any desired changes: Offer Resolution No. 3328, A Resolution Setting Fees For City Licenses, Permits, Services and Documents, and move its adoption. RES3328 / V 4.- RESOLUTION NO. 3328 A RESOLUTION SETTING FEES FOR CITY LICENSES, PERMITS, SERVICES AND DOCUMENTS BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that the Fee Schedule dated January 1, 1991, attached hereto and made a part hereof approved and adopted in its entirety. BE IT FURTHER RESOLVED, that the Fee Schedule attached shall become effective on January 1, 1991, unless indicated otherwise therein, and Resolution No. 3160 and all other resolutions inconsistent herewith shall be repealed effective January 1, 1991. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 18th day of December, 1990. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney i144 TABLE OF CONTENTS Page CITY CLERK Commercial/Industrial/Mortgage Revenue Bonds 1 Tax Increment Financing Fees 1 Movies and Theaters 1 Scavengers 1 MN Home Finance Rehab Grant Applic. 1 Gambling, Bingo, Raffles 1 License for the sale and set-up of Liquor 2 Peddlers 2 Taxicabs and Drivers 2 Tobacco 2 Shows, Non-Transient Theme Parks, Amusement Parks, etc 3 Outdoor Performance Center 3 Massage Parlors, Saunas, Steam Baths, Heat-Bathing Rooms 3 Masseur and Masseuse Registration Fee 3 Rental of Pat Thielen Rodeo Arena 3 Request Vacation of Street, Alley or Easement 3 Service Charge for Returned Checks 3 BUILDING INSPECTOR/ELECTRICAL INSPECTOR Electrical Inspection 4-6 Plumbing Permits 7 Sign Permits 8 Building Permit Fees 8-9 Certificate of Occupancy 9 Fast Tracking Issuance of Building Permits 9 Grading Plan Review Fees 9-10 Grading Permit Fees 10 Moving Permit 10 Fire Protection Equipment 10 Individual Sewage Disposal Permits 10 Heating, Air Conditioning, Refrigeration, 10-11 and Ventilation Permits 11 Tank and Piping Permit 11 Water Heaters - New 11-12 Gas Piping Permits 12 Commercial Housing Code Certificate of Occupancy Fees 12-13 Appeal Fees Standard Service Availability Charge (SAC) units for various commercial, public, 13-18 and institutional facilities 18 Residential SAC Charge 18 Water Availability Charge (WAC) 4 - FINANCE Garbage Rates 18-19 Sewer Service Charges 19 Office Charges 19 POLICE Report Copies 19-20 Towing and Impounding of Vehicles 20 Dog Licenses, Impounding Fees, etc 20 PUBLIC WORKS Equipment Rental 20-21 PLANNING Application for Conditional Use Permit 21 Application for Variances 21 Application for Plats, Divisions 22 Application for Rezoning 22 Application for Planned Unit Development 22 Application for Fill and Mining Permit 23 Copy of Official Maps 23 Developers Package 23 Comprehensive Plan 23 City Code 23 ENGINEERING Department Fees (employees) 23 Project Plans and Specifications 24 Permit Review 24 Plan, Plat and Report Review 24 Storm Water Drainage Utility 24 Permit to Work in Public Right-of-way 24 Lot Corner Survey 24 PARKS AND RECREATION Municipal Swimming Pool Fees 24-25 Activity Fees 25 OTHER Application Fee for Variance from or Amendment to the Cable Franchise Ordinance 25 -1- FEE SCHEDULE Shakopee, Minnesota January 1, 1991 Fees are listed by department and are to be updated annually. CITY CLERK/Misc. Business Licenses FEES Commercial/Industrial/Mortgage Revenue Bond Fees 1. Application fee for Commercial/Industrial/ 1/10th of 1% of Mortgage Revenue Bonds amount issued with a $2 , 500 minimum arra a $6, 000 max. 2 . Legal expenses as billed in addition to above 3 . Application fee for refinancing Commercial/ 1/20th of 1% of Industrial/Mortgage Revenue Bonds amount issued with a $1, 250 minimum and a $3 , 000 maximum. 4 . Legal expenses for refinancing as billed in addition to above Tax Increment Financing Fees (Per Res. 3221 4/17/90) Application fee for Tax Increment Financing 5, 000 . 00 Movies and Theaters (Authorized by City Code 6. 42) 1. Annual fee for showing 16 mm films $ 25. 00 2 . Annual fee for showing 35 mm films (or larger) 100 . 00 3 . Annual fee for conducting theatrical play(s) 25 . 00 Scavengers (Dumping or discharge of waste) (Authorized by City Code 6.43) $. 98/1, 000 gallons or any part thereof plus $5. 00 per billing No permit nor fee shall be required for pumping and cleaning cesspools and/or septic tanks. Gambling/Bingo/Raffles Licensed through State Gambling Board, no City fees. Minnesota Home Finance Agency Rental Rehab Grant Application Fees (Authorized by Res. #3181) 1-4 Units $150. 00 5-8 Units 185.00 - 290.00 9-16 Units 325.00 - 570.00 17-24 Units 605.00 - 860.00 20 or more $85. 00 plus $35 for each unit in excess of 25 -2- License for the Sale of Beer, Liquor, Wine, Set-up License, Liquor License, Club License and Temporary_ Beer License (Authorized by City Code 5. 06) 1. Annual fee for On Sale Beer License 312 . 00 2 . Annual fee for Off Sale Beer License 100 . 00 3 . Temporary Beer License 15 . 00 4 . Annual fee for Set Up License 125 . 00 5. Annual fee for On Sale Wine License 1/2 of On Sale Liquor or $2 , 000 whichever is less 6. Annual fee for On Sale Club License 300. 00 7 . Annual fee for Sunday Liquor License 200. 00 8 . Annual fee for Off Sale Liquor License 150 . 00 9 . Application and Investigation fee for Off Sale Liquor License, On Sale Liquor License, or Wine License a) If investigation within Minn. 330. 00 b) If investigation outside Minn. City expenses up to $10 , 000 with $1, 100 deposit 10. Annual fee for On Sale Liquor License: Customer Used Floor Area Under 1, 000 3 , 705. 00 1, 000 - 1, 999 4 , 390. 00 2 , 000 - 2 , 999 5, 080 . 00 3 , 000 - 3 , 999 5, 765. 00 4 , 000 - 4 , 999 6, 445 . 00 5, 000 - 5, 999 7 , 140. 00 6, 000 - 6, 999 7 , 820. 00 7 , 000 - 7 , 999 8 , 510. 00 8 , 000 - 8 , 999 9 , 195. 00 9 , 000 - 9 , 999 9 , 875. 00 Over 10, 000 10, 570 . 00 Other Business Regulations and Licenses (City Code - Chapter 6 - all applicants require a $5. 00 application fee) Peddlers (Authorized by City Code 6. 21) 1. Weekly License Fee 25 . 00 2 . Annual License Fee 150 . 00 3 . Six Month License Fee 100. 00 Taxicabs and Drivers (Authorized by City Code 6. 22) 1. Annual fee 250. 00 2 . Annual taxicab driver' s license fee 25 . 00 3 . Annual fee for each vehicle 15. 00 Tobacco (Authorized by City Code 6. 23) 1 . Annual fee for Tobacco License 15. 00 -3- ( 4' 6- Show, Non-Transient Theme Parks, Amusement Parks, etc. (Authorized by City Code 6. 24) 1. Annual license fee equaling the number of rides x $45. 00 45. 00/ride 2 . Show without rides 75. 00 3 . Non-Transient Theme Parks As per agreement Outdoor Performance Center (Authorized by City Code 6. 42B) 1. Annual license fee 500. 00 Massage Parlors, Saunas, Steam Baths, Heat-Bathing Rooms (Authorized by City Code 6. 40) 1. Annual License Fee 2 , 000. 00 2 . Initial license requires one time investigation fee 500 . 00 Masseur and Masseuse Registration Fee (Authorized by City Code 6. 41) 1. Annual registration fee 100 . 00 Rental of Pat Thielen Rodeo Arena (Authorized by Resolution No. 1910) Rental of arena for a period not to exceed seven consecutive days: a. Non-profit organizations within corporate limits of City of Shakopee 0. 00 b. Other non-profit organizations 200 . 00 or 15% of gross ticket sales whichever is greater c. Profit making organizations 200. 00 or 15% of gross ticket sales whichever is greater Request Vacation of Street, Alley or Easement Hereby set as follows: 1. Request for vacation of street or alley 75. 00 2 . Request for vacation of an easement 50 . 00 Service Charge for Returned Checks Hereby set as follows: 1. Service charge for each check returned 15. 00 -4- BUILDING INSPECTOR/ELECTRICAL INSPECTOR Electrical Inspection (Authorized by City Code 4 . 05) 1. Payment of Fees: fees are due and payable to the City of Shakopee at or before commencement of the installation and shall be forwarded to the City of Shakopee. An additional $. 50 State Surcharge must accompany each permit plus $. 50 for inspection forms. 2 . Schedule. State electrical inspection fees shall be paid according to the following schedule. 3 . Fee for each separate inspection. The minimum fee for each separate inspection of an installation, replacement, alteration, or repair limited to one inspection only is $15. 00. 4 . Fee for services or power supply units. The inspection fee for each service, change of service, temporary service, power supply unit, addition, alteration, or repair to a service or power supply unit shall be 0- to and including 200-ampere capacity, $15. 00 ; for each additional 100-ampere capacity or fraction thereof, $5 . 00 . A separate request for electrical inspection shall be filed for temporary services. 5 . Fee for circuits or feeders. The fee for each circuit or feeder, or addition, alteration, or repair of such circuit or feeder including the equipment served, and including circuits fed from feeders, except as provided for in No. 6, items A to K shall be: A. 0- to and including 100-ampere capacity, $4 . 00 B. For each additional 100-ampere capacity or fraction thereof, $2 . 00 6. Limitations and additions to the fees listed in No. 3 through 5 above. A. The fee for a single-family dwelling, shall not exceed $55 . 00 if the electrical service is not over 200-ampere capacity. This fee includes not more than three inspections. The fee for a single family dwelling over 200- to and including 400-ampere capacity shall not exceed $100. 00. This fee includes not more than four inspections. These fees shall apply to each separate service, and include the service, feeders, circuits, fixtures, and equipment. The fee for additional inspections shall be the reinspection fee in No. 8 . Multifamily dwellings with individual services to each unit are computed at the single family dwelling rate. B. The fee for each farm building or farm structure with a service not over 200-ampere capacity shall not exceed $55. 00. The fee includes not more than three inspections. The fee for each building or structure with a service over 200- to and including 400-ampere capacity shall not exceed $100. 00. The fee includes not more than four inspections. These fees include the services, feeders, circuits, fixtures, and equipment. The fee for additional inspections shall be the reinspection fee in No. -5- 8 . Pole-top current metering and pole-top disconnecting means on the farm yard pole are exempt from inspection and inspection fees. C. The fee for each unit of a multifamily dwelling having three to six dwelling units shall not exceed $30. 00. The fee for each multifamily dwelling exceeding six units shall not exceed $20. 00 per dwelling unit. This fee includes only the wiring in an individual dwelling unit and the final feeder to that unit. The fee for the service and all other circuits shall be as specified in No. 3 to 5, except that the fee for each house panel shall not exceed $55. 00. A separate request for electrical inspection is required for each building. The fee for a two-unit dwelling or duplex shall be the same as for two single-family dwellings. D. Recreational vehicle parks fees shall be in accordance with No. 3 to 5. E. The fee for mobile home park stalls shall be $6. 00 per unit stall exclusive of the feeder to the mobile home with a minimum fee of $15. 00 per inspection trip. The fee for permanently intalled feeders shall be in accordance with No. 5. F. In addition to the above fees, the fee for each street lighting standard shall be $1. 00 and the fee for each traffic signal standard shall be $2 . 00. Circuits originating within the standard shall not be used when computing the fee. G. In addition to the above fees, the fees for all transformers and generators for light, heat, and power shall be $5. 00 per unit plus $3 . 00 per ten-kilovolt-amperes or fraction thereof. The maximum fee for a transformer or generator in this category is $40. 00. H. In addition to the above fees, the inspection fees for transformers for signs and outline lighting shall be $5. 00 per unit. I. In addition to the above fees, unless included in the maximum fee, the inspection fee for remote control, signal, alarm or communication circuits and circuits of less than 50 volts shall be $5. 00 per each ten openings or devices of each system plus $2 . 00 for each additional ten or fraction thereof, with a minimum fee of $15. 00 per inspection trip. J. In addition to the above fees, the inspection fee for each separate inspection of a swimming pool shall be $15. 00. Reinforcinig steel and bonding for swimming pools requires a rough-in inspection. K. In addition to the above fees, the fee for all wiring on center pivot irrigation booms shall be $30. 00. The fees for all other wiring for the irrigation system shall be as otherwise specified in this part. -6- i 4 7 . Investigation Fees: Work without a request for electrical inspection. A. Whenever any work for which a request for electrical inspection is required by the board has begun without first obtaining the request for inspection, a special investigation shall be made before a request for electrical inspection is accepted by the board. B. An investigation fee, in addition to the full fee required by No. 2 to 6, shall be paid before an inspection is made. The investigation fee shall be equal to the amount of the fee required by No. 2 to 6. The payment of the investigation fee does not exempt any person from compliance with all other providions of the board rules or statutes nor from any penalty prescribed by law. 8 . Reinspection fee. When reinspection is necessary to determine whether unsafe conditions have been corrected and the conditions are not the subject of an appeal pending before the board or any court, a reinspection fee of $15. 00, may be assessed in writing by the inspector. 9 . Special inspection. For inspections not covered herein, or for requested special inspections or services, the fee shall be $23 . 00 per hour, including travel time, plus 24 cents per mile traveled, plus the reasonable cost of equipment or material consumed. This provision is applicable to inspection of empty conduits and other jobs as may be determined by the board. 10. Inspection of transient projects. For inspection of transient projects, including but not limited to carnivals and circuses, the inspection fees shall be as specified herein. The fee for inspection of power supply units shall be that fee specified in No. 4 . A like fee will be required for power supply units at each engagement during the season. Rides, devices, or concessions shall be inspected at their first appearance of the season, and the inspection fee shall be $15. 00 per unit. In addition to the fee for the power supply units, there shall be a general inspection of each engagement during the season at the hourly rate, with a two-hour minimum. In addition to the above fees, inspections required on Saturdays, Sundays, holidays or after regular business hours will be at the hourly rate, including travel time. An owner of a migratory amusement enterprise shall notify the board of its season itinerary and make application for initial inspection a minimum of 14 days before its first engagement in the state. For subsequent engagements not listed on the itinerary sent to the Board, where the board is not notified at least 48 hours in advance, a charge of $100. 00 will be made in addition to all required fees. Also a fee at the hourly rate will be charged for additional time spent by the inspector if the equipment is not ready for inspection at the time and date specified on the request for electrical inspection. The fee for reinspection of corrections is $15. 00 for each reinspection. -7- ! Yfa' Plumbing Permits (Authorized by City Code 4 . 05) 1. Alterations and Repairs - Minimum Fee 12 . 00 + $. 50 State Surcharge Tax 2 . New Construction Residential - Minimum Fee 36. 00 + $. 50 State Surcharge Tax Commercial - Minimum Fee 60. 00 + $. 50 State Surcharge Tax 3 . Residential Plumbing Permit Fees All fixtures listed below will be figured at 6. 00/each Water Closet Water Softener +$. 50 State Lavatory (Basin) Bathtub Surcharge Tax Floor Drain Laundry Tub Sink Shower Stall Disposal Dishwasher Water Heater (Gas or Electric) Clothes Washer-Standpipe Permit fees for rough-ins for future bathrooms will be $5. 00 per fixture. + $.50 State Surcharge Tax 4 . Replacements Only Water Heater - Gas 12 . 00 + $. 50 State Surcharge Tax Water Softeners - New or replacement in other than homes under construction (installer must be licensed by the State Board of Health 12 . 00 + $.50 State Surcharge Tax 5. Commercial Plumbing Permit Fees Water Closet, Lavatory (Basin) , Urinal, Individual Shower 6. 00 Shower - Gang Type - Per Head 4 .80 Drinking Fountain 6. 00 Dental Unit 12 . 00 Sink - Service or Mop 6. 00 Flat rim, bar, counter, laboratory 8 . 50 Pot or Skullery 8 . 50 Clothes Washer - First five units or less 18 . 00 Each additional unit 3 . 60 Floor Drain - 2 inch 6. 00 3 and 4 inch 7 . 50 Catch Basin 9 . 00 Sewage Ejector 12 . 00 Sumps and Receiving Tanks 12 . 00 Water Softeners 18 . 00 Water Heater - Gas - Replacement Only 24 . 00 Commercial plumbing permits to be figured by the above fixture schedule but at the time the permit is to be issued, the permitee will certify the contract price and the fee will be based on the above method or 1.25% of the contract price, whichever is greater. -s- t it Sign Permit Fees (Authorized by City Code 4.30) Permanent 20. 00 + $. 025/sq. ft. Temporary 10.00 Building Permit Fees (Authorized by City Code 4.05) Building Value Fees $1.00 to 500. 00 $15.00 501.00 to 2, 000.00 $15. 00 for the first 500.00 plus 2. 00 for each additional 100. 00 or fraction thereof, including 2, 000.00 2 , 001.00 to 25, 000. 00 $45.00 for the first 2, 000. 00 plus 9.00 for each additional 1, 000.00 or fraction thereof, to and including 25, 000.00 25, 001.00 to 50,000.00 $252. 00 for the first 25, 000. 00 plus 6.50 for each additional 1, 000. 00 or fraction thereof, to and including 50, 000. 00 50, 001. 00 to 100,000.00 $414.50 for the first 50, 000. 00 plus 4.50 for each additional 1, 000. 00 or fraction thereof, to and including 100, 000. 00 100, 001. 00 to 500, 000. 00 $639.50 for the first 100, 000.00 plus 3.50 for each additional 1, 000.00 or fraction thereof, to and including 500,000. 00 500, 001.00 to 1, 000, 000.00 $2, 039.50 for the first 500, 000. 00 plus 3. 00 for each additional 1, 000.00 or fraction thereof, to and including 1,000, 000. 00 1, 000, 001. 00 and up $3,539.50 for the first 1, 000, 000. 00 plus 2.00 for each additional 1, 000. 00 or fraction thereof Other Inspections Inspections outside of normal business hours (minimum charge - two hours) 30. 00/hr. Reinspection fees assessed under provisions of Section 305 (g) of the State Uniform Building Code 30. 00/hr. Inspections for which no fee is specifically indicated (minimum charge - one-half hour) 30. 00/hr. -9- Additional plan review required by changes, additions or revisions to approved plans (minimum charge - 30. 00/hr. one-half hour) Plan Check Fee: Single Family, Multi-family Dwellings, Commercial and Industrial Projects 65% of permit fee A non-refundable plan review fee shall be paid at the time of submitting plans and specifications for review. State Surcharge: Building Permits (These fees forwarded to the State Treasurer) Less than $1, 000 $ . 50 $1, 000, 000 or less . 0005 x valuation $1, 000, 000 to $2 , 000, 000 $ 500 + . 0004 x (Value - $1, 000, 000) $2 , 000, 000 to $3 , 000, 000 $ 900 + . 0003 x (Value - $2 , 000, 000) $3 , 000, 000 to $4 , 000, 000 $1200 + . 0002 x (Value - $3 , 000, 000) $4 , 000, 000 to $5, 000, 000 $1400 + . 0001 x (Value - $4 , 000, 000) Greater than $5, 000, 000 $1500 + . 00005 x (Value - $5, 000, 000) State Surcharge: Plumbing, Heating and Electrical Permits Permit fee less than $1,000 . 50 Permit fee more than $1,000 Fee x .0005 Certificate of Occupancy (Authorized by Res. No. 2604) Commercial/Industrial - . 005 times the value of the project, or $500. 00, whichever is greater Residential - . 005 times the value of the project with a $500. 00 maximum 90% of the fee shall be refunded when a final certificate of occupancy is issued. Fast Tracking Issuance of Building Permits (Authorized by Res. #2604) Fast tracking building permit process - City expenses up to 100% of building permit fee with a 30% deposit Grading Plan Review Fees 50 cubic yards or less No fee 51 to 100 cubic yards 15. 00 101 to 1000 cubic yards 22 . 50 1001 to 10, 000 cubic yards 30. 00 -10- 14f 4/`' 10, 001 to 100, 000 cubic yards - 30. 00 for the first 10, 000 cubic yards, plus 15. 00 for each additional 10, 000 cubic yards or fraction thereof. 100, 001 to 200, 000 cubic yards - 165. 00 for the first 100, 000 cubic yards, plus 9 . 00 for each additional 10, 000 cubic yards or fraction thereof. 200, 001 cubic yards or more - 255. 00 for the first 200, 000 cubic yards, plus 4 . 50 for each additional 10, 000 cubic yards or fraction thereof. Grading Permit Fees 50 cubic yards or less 15. 00 51 to 100 cubic yards 22 . 50 101 to 1000 cubic yards - 22 . 50 for the first 100 cubic yards plus 10. 50 for each additional 100 cubic yards or fraction thereof. 1001 to 10, 000 cubic yards - 117 . 00 for the first 1, 000 cubic yards, plus 9 . 00 for each additional 1, 000 cubic yards or fraction thereof. 10, 001 to 100, 000 cubic yards - 198 . 00 for the first 10, 000 cubic yards, plus 40. 50 for each additional 10, 000 cubic yards or fraction thereof. 100, 001 cubic yards or more - 562 . 50 for the first 100, 000 cubic yards, plus 22 . 50 for each additional 10, 000 cubic yards or fraction thereof. Moving Permit 35. 00 Fire Protection Equipment hereby set as follows: Stand pipes and hose cabinets shall be computed at 1% of the contract plus $. 50 State Surcharge Tax. Sprinkler Systems shall be computed at $10 . 00 for the first 10 heads and $3 . 50 for each additional 10 heads or part thereof, and $25. 00 per hour fee for plan check plus State Surcharge Tax. Well and Individual Sewage Disposal Permits hereby set as follows: D ,r�cn�i ^l LyTol l 5. 50 Commcroial-i Well 5. 50 Residential: Sewage Disposal 37 . 50 Commercial : Sewage Disposal 37 . 50 Heating, Air Conditioning, Refrigeration, and Ventilation Permits hereby set as follows: Minimum Fee 9 . 00 + $. 50 State Surcharge Tax Single Family Residence 24 . 00 + $. 50 State Surcharge Tax Central Air Conditioning (at the time 6. 00 -11- i4 a' of construction) + $. 50 State Surcharge Tax Refrigerant Systems Permit Fees 3 horsepower or less 9 . 00 over 3 to 15 horsepower 12 . 00 over 15 to 50 horsepower 60. 00 Alterations and repairs Minimum Fee Commercial fee shall be computed at 1. 25% of the contract plus State Surcharge Tax. Permits shall cover only single installations. Multiple furnaces, boilers, etc. shall be considered separate installations. Tank & Piping Permits hereby set as follows: Underground fuel storage tanks and piping permit fee to be 1. 25% of contract plus State Surcharge Tax. Water Heaters - New (Including Pool Heaters) hereby set as follows: for inputs not exceeding 100, 000 BTU 9 . 00 100, 001 to 200, 000 BTU 12 . 00 200, 001 to 300, 000 BTU 14 . 50 300, 001 to 500, 000 BTU 15. 00 500, 001 to 700, 000 BTU 36. 00 700, 001 to 1, 000, 000 BTU 48 . 00 Any fixture not listed above 6. 00 Rain water Leaders - all stacks 10 stories or less 12 . 00 - all stacks over 10 stories Area Roof Drains (each) 7 . 50 Lawn Sprinkler Systems - Residential 30 .00 30 .00 Lawn Sprinkler Systems - Commercial (This fee includes water connection from building piping to yard side 30 . 00 of siphon breaker) Commercial plumbing heating permits to be figured by the above fixture schedule but at the time the permit is to be issued, the permitee will certify the contract price and the fee will be based on the above method or 1. 25% of the contract price, whichever is greater. Gas Piping Permits hereby set as follows: -12- 1 el Minimum Fee 5. 00 + $. 50 State Surcharge Tax Residential - Each fixture or applicance 2 . 50 + $. 50 State Surcharge Tax Alterations and Repairs - Minimum Fee Where the gas piping is divided between two contractors such as the Heating Contractor installing the gas line to the furnace and the Plumbing Contractor doing the balance of the gas piping, each contractor shall take out a permit. Commercial For installation of piping up to and including two (2) inches in size, providing not over three (3) openings 11. 00 and for each additional opening 3 . 00 For installation of piping exceeding two (2) inches in size, providing not over three (3) openings 14 . 50 and for each additional opening 4 . 00 Enameling ovens, retorts and similar gas burning devices: Fees to be determined as for commercial water heaters. Steam Generators for process use (pressing, dry cleaning, etc. ) : Fees to be determined as per heating code. Housing Code Certificate of Occupancy Fees (Authorized by Ordinance No. 261) CLASS 1: 1-3 units rental - Due every five years Initial inspection 40 . 00 1st Reinspection 00. 00 Each additional inspection thereafter 30. 00 Deduct $10. 00 for each Section 8 unit. CLASS 2 : 4+ units rental - Due every three years Initial each building 50. 00 + 5 . 00 per unit over three 1st Reinspection 00. 00 Each additional inspection thereafter 50 . 00 Waive $5. 00 unit charge for every Section 8 unit, and deduct $10 . 00 from initial fee per building if it contains any Section 8 units. If entire building is Section 8, then fee is $10. 00 maximum. _13_ ) 4 a" CLASS 3 : Commercial plus residential rental - Due every three years Initial each building 50 . 00 + 5. 00 per unit 1st Reinspection 00 . 00 Each additional inspection thereafter 40. 00 Waive $5. 00 unit charge for every Section 8 unit, and decuct $10. 00 from initial fee per building if it contains any Section 8 units. Transfers: Any action certificate may be transferred to a new owner for a fee of $10. 00. An owner may apply for a new certificate at any time for the full amount of the appropriate fee listed above. A non-refundable fee of $75. 00 is required for any appeal directed to the City Council . Appeal Fees Appeal to Building Code Board of Adjustment and Appeals $85. 00 Appeal to Housing Advisory and Appeals Board $85. 00 Appeal to City Council $85. 00 Standard Service Availability Charge (SAC) Units for Various Commercial , Public, and Institutional Facilities (Mandated by MWCC) (These fees forwarded to MWCC) Type of Facility Parameter SAC Units Archery (6 feet/lane) 6 lanes 1 Arenas 110 seats 1 Auditoriums 110 seats 1 Automobile Service (Fast service less than 4 hrs./car) 2 service bays 1 (Major service more than 4 hrs./car) 14 employees 1 Ballroom (exclude dance floor) Facility without liquor service 825 sq. ft. 1 Facility with liquor service 590 sq. ft. 1 Bank (exclude cash vault) 2400 sq. ft. 1 Banquet Room Food catered 2060 sq. ft. 1 Food catering with dishwashing 1180 sq. ft. 1 Food catered with liquor 1028 sq. ft. 1 Food preparation and dishwashing 825 sq. ft. 1 Food preparation, dishwashing with 590 sq. ft. 1 liquor Barber Shop 4 chairs 1 -14- ► T 4� Beauty Salon 4 stations 1 Boarding House 5 beds 1 Body Shop (No vehicle washing) 14 employees 1 Bowling Alleys (Does not include 3 alleys 1 bar or dining area) Camps ( (# gal x occupant or site)/274) Children' s camps (central toilet 50 gal/occupant and bath) @ 274 gal . 1 Day camps (no meals) 10 gal/occupant @ 274 gal. 1 Labor/construction camps 50 gal/occupant @ 274 gal . 1 Resorts (housekeeping cabins) 60 gal/occupant @ 274 gal . 1 Travel trailer parks w/individual water & sewer hookup) 100 gal/site @ 274/gal. 1 w/central toilet & showers 75 gal/site @ 274 gal . 1 sanitary dump (sites w/o hookup) 10 gal/site @ 274 gal . Car Wash (Self-Service) 1 stall 3 Car Wash (Service Station - Automatic Rollover - Brushes) 1 stall 6 Car Wash (Requires specification on equipment flow rate and cycle time) Contact MWCC for determination. Churches (For Sanctuary only) 275 seats 1 Remainder use other criteria Cocktail Lounge 23 seats 1 Correction Facility (Prison) 2 . 5 inmates 1 Dorm Rooms 1 On/off campus students 5 students (charge additional for classrooms) Daycare (Number of children licensed 14 children 1 for) Exercise Area/Gym 700 sq. ft. 1 Fire Station (charge for office, meeting rooms, etc. at established rates) 1 Washing (hose tower, truck) 274 gal . Full time (overnight people) 274 gal . 1 Volunteer (occasional overnight) 14 people 1 1 410 -13- Funeral Home (7 sq. ft./person) 110 people 1 (charge viewing areas only - chapel, viewing areas, etc. ) Apartment (1 apartment) 1 Game Room (billiards, video & pinball games) With Bar 590 sq. ft. 1 Without Bar 2060 sq. ft. 1 General Office Building 2400 sq. ft. 1 (deduct mechanical rooms, elevator shafts, stairwells, restrooms and storage areas) Golf Course 18 hole (280 golfers/day x 274 gal. 1 2 . 5 gal/golfer)/274 gal. Par 3 (168 golfers/day x 274 gal . 1 2 . 5 gal/golfer)/274 gal . Country Club Dining room(evenings & weekends) 274 gal . 1 (# seats x 2 fills x 9 gal/person)/274 gal . Bar & grill (if existing bar) Bar 23 people 1 Grill (# seats x 2 274 gal. 1 fills x 9 gal/ person)/274 gal Bar & grill (no existing bar) 274 gal . 1 ( (168 or 280) golfers x 9 gal/person)/274 gal Greenhouse Area not open to public 15000 sq. ft. 1 Area open to public 5000 sq. ft. 1 General retail area 3000 sq. ft. 1 Group Home 5 beds 1 Guest Rooms (apartment or condominium) 1 (charge SAC as apartment) Handball and Racquet Courts 1 court 2 Hospitals (licensed beds) 1 bed 1 (Does not include out-patient clinic) Out-patient clinic 17 f. u. 1 Sterilizers (4 hours x gpm) 274 gal. 1 /274 gal . -16- X-ray ••rr 1Y� film processors 274 gal. 1 (continuous operation 4 hrs. ) (intermittent operation 9 hrs. ) (operation time(hrs) x gpm) /274 gal Laundromats (requires water volume for cycle time, 8 cycles per day) 274 gals. 1 Library (subtract out book storage areas, file areas - charge common plumbing fixture units) 17 f. u. 1 (meeting rooms, board rooms, reception, book checkout, offices) 2400 sq. ft. 1 Loading Dock 7000 sq. ft. 1 Locker Rooms (if showers - 20 gal/ 14 lockers 1 person) Mini-Storage (storage area - no charge) Living area 1 Public restroom (plumbing fixtures) 17 f. u. 1 Mobile Home 1 Motels and Hotels (assume 2 persons/ room) 2 rooms 1 (pools, saunas, jacuzzis, game rooms, or exercise rooms exclusively used by guests - no charge) Kitchenettes (# kitchenettes x 10 gal/day @ 274 gal) Nursing Home 3 beds 1 Police Station (charge as office) Cells overnight (# overnight people x 80 24 gal 1 gal/person)/274 gal no overnight people 14 people 1 Recording/Filming Studios 7000 sq. ft. 1 Restaurant (Drive-in) 9 parking spaces 1 Restaurant (Fast food) 22 seats 1 Restaurant 8 seats 1 -17- °- Retail Stores 3000 sq. ft. 1 (deduct mechanical rooms, elevator shafts, stairwells, restrooms and unfinished storage areas) Roller Rink (skating area) 825 sq. ft. 1 Rooming Houses 7 beds 1 RV Dumping Station 1 (not in association with camp grounds) Schools (Sunday) 55 students 1 Schools (Elementary) 18 students 1 Schools (college, TVI) (30 sq. ft./student) 18 students 1 Lector Halls (15 sq. ft./student) 18 students 1 Dorm rooms On/off campus students 5 students 1 Schools (Nursery) - Number of students licensed for 14 students 1 Church (nursery - during worship 55 children 1 service only) (30 sq. ft./child) Nursery (health clubs, bowling 2400 sq. ft. 1 alleys, etc. ) Schools (Secondary) 14 students 1 Service Station (gas pumping only) 1 Service Station (with service center) 2 (2 service bays) Service Station (with service center and car wash) 8 Swimming Pools (Public) 900 sq. ft. pool area 1 Tennis Courts (Public) 1 court 2 Theater 64 seats 1 Theater (drive-in) 55 parking spaces 1 Vehicle Garage Employees stationed at garage 14 employees 1 Vehicle drivers (per day) 28 drivers 1 Vehicle washing (# vehicles/day x gpm x minutes/vehicle)/274 gal 274 gal. 1 -18- efr d Warehouses 7000 sq. ft. 1 Whirlpool (doctors office/clinic, 274 gal . 1 therapy) (# gal/fill x 8 fills/day)/ 274 gal. Yard Storage Buildings 1 (ex: lumber storage) 15000 sq. ft. (customer pickup, no permanent employees) Plumbing Waste Fixture Units: Type of Fixture Fixture Unit Value Drinking fountain 1 Floor drain 2" waste (only if 2 3" hose bib 3 4" included) 4 Shower stall, domestic 2 Shower (gang) per head 1 Sinks (lab in exam room, bathroom) 1 (kitchen, and others) 2 (surgeon) 3 (janitor) 4 Urinals (single - wall hung) 3 (trough - per 6 foot section) 2 Water closet 6 The SAC unit for a facility not included in the above list will be determined by the Metropolitan Waste Control Commission. A request for SAC unit determination should be made prior to the issuance of the Building Permit. Residential SAC Charge (Mandated by MWCC) (These fees forwarded to MWCC) Residential $650 . 00 600. 00/unit Water Availability Charge (WAC) (These fees forwarded to SPUC) Fees are set by SPUC by resolution. FINANCE - hereby set as follows: Garbage Rates (Authorized by City Code 3 . 02) 1. Urban Residence - Retroactive to 12/15/89 Regular 10 . 35/month S0 . 35/month Extra Container Rate $6. 00/month Extra service coupon - $1 . 61 + TAX @ . 09 = $1 .70 2 . Urban Residence - Effective 5/15/90 Regularla12 . 12 .91/month Senior 1/month -19- ,pct/ Extra Container Rate $7 . 50/month Extra service coupon - $2 . 13 + TAX @ . 12 = $2 . 25 3 . Provision allowing for reopening of contract when landfill rates increase by 10% or more. 4 . Handling Fee to Mail Coupons a] One book of coupons $ .75 b] Two books of coupons 1 . 00 1. Quarterly service charge 9 . 00 2 . For every 1, 000 gallons or part thereof of metered flow or water usage 1. 22 3 . Charge for unmetered residential water accounts or new accounts 9 . 10/month Office Charges hereby set as follows: 1. Assessment Searches 6. 00 2 . Copy fee General Public . 20 Other governmental/non-profit public service . 07 3 . City Code 25. 00 4 . Comprehensive Plan (see page 20) 25 . 00 5. City Map (small) General Public 1. 00 Other governmental/non-profit public service . 25 City Map (large) General Public 2 . 00 Other governmental/non-profit public service . 50 POLICE Accident Report Copies hereby set as follows: 1. One-page Up to 3 pages 3 .00 2 . Two-pagea -x.06 4 - 10 pages 1. 00/ea. 3 . 11 and over .25/ea. -20- 4. Taped Statements (audio) 3 . 00 5. Taped Statements (video) 10 . 00 Towing and Impounding of Vehicles hereby set as follows: Towing and impounding is done by a private contractor having appropriate impounding facilities. Fees are set by contractor. Dog Licenses, Impounding Fees, etc. (Authorized by City Code 10. 21) 1. Dog Licenses (good for the life of the dog) 5. 00 2 . Duplicate license 1. 00 3 . First impoundment 10 . 00 4 . Second impoundment 20. 00 5. Third and successive impoundment within a 12-month period 30. 00 6. Amount charged per day when confined to the Pound 3 . 00 7 . In the case of an unlicensed dog or a dog for whom proof of a current rabies vaccination cannot be shown, there shall be an additional penalty of $5. 00. PUBLIC WORKS Equipment Rental hereby set as follows: Caterpiller Grader (private) 88.00 80 0-0/hour (State snow removal) 75. 12 68.29/hour Front end loader (Fiat-Allis) private 90 .00 02 . 00/hour (State snow removal 2-1/2 yd. w/blower) 75. 12 68 . 2-9/hour Front end loader (Case) private 90 .00 -82-:88/hour (State snow removal 2-1/2 yd. w/o blower) 78.33 71 . 21-/hour Elgin street sweeper 82 .00 75. 00/hour Elgin sweeper (State contract-twice/yr) 58.30 53 .00/hour Roscue Side Broom 44 . 00 40.00/hour 2-1/2 ton dump truck (single) 55.00 50. 00/hour 2-1/2 ton dump truck w/plow 71. 00 65.00/hour 5 ton dump truck (tandem) 71. 00 6-5. 0&/hour 3/4 ton pickups (w/plow add 10. 00) 44 .00 -4-3- 9/hour -21- / if 5 ton tandem truck 2 w/plow 77 .00 70. 00/hour Water tanker/flusher 49 .00 -45,-GO-/hour Trash compactor 38.00 0-5.00/hour Mower tractor (turf type) 44.00 40.00/hour Weed Mowing (rough) 50. 00 -45-@e/hour Asphalt roller (1-1/2 ton) 22 . 00 20. 00/hour Pull paver 28. 00 Z5-.1a6-/hour Steamer (w/tender) 71. 00 -6-5-BOO-/hour Bobcat 55.00/hour Raygo alley grader 39 . 00 35. 00/hour Wood Chipper 44 . 00 44 /hour Post hole digger (tractor mounted) 44 . 00 -44/hour (w/o tractor) 22 . 00 2-@:-@8/hour Power auger (hand held) 17 . 00 ±5-ree-/hour Sign replacement/installation 100 .00 ---5. 00/sign (w/o post less $10. 00) Sewer rodder 50 .00 45.00/hour Video sewers (w/cassette add $20. 00/each) 55. 00 --50:44/hour Sewer jet cleaning 55. 00 -50.44/hour -for-- .-&O- Vacuum Inductor 55. 00 --50.00/hour Barricades w/flashers 10. 00/barricade--8-.-GB/day Barricades w/o flashers 7 . 50/barricade - 6.-'8rd/day Cones 2 . 00/cone -1: /day Butuminous Street Repair 2 . 50/sq. ft. Asphalt or Cold Mix $30/ton PLANNING - hereby set as follows: Application for Conditional Use Permit Home Occupations, single family residential 85. 00 All others 185. 00 Renewal (same as new) -22- / 6� �f Appeal to City Council 85. 00 Application for Variances Single Family Residential 85.00 All others 135.0035.00 Appeal to City Council Application for Plats, Divisions (incl. $45. 00 for signing) Preliminary Plat 245.00 + $5/lot or 145. 00 + $3/acre, whichever greater Preliminary & Final Plat Concurrently Preliminary fee plus final fee Final Plat 125. 00 Lot Split 50.00 Registered Land Survey 50. 00 Lot Consolidation 50.00 Application for Rezoning (incl. $45. 00 for signing) All rezonings 250.00 Application for Planned Unit Development Preliminary Development Plan 200.00 + 15.00/acre Final Development Plan 100. 00 Preliminary and Final Development Plan Concurrently 3 . 00 + 00. 00/acre Amendment to Final Development Plan 100. 00 Deposit - The Administrator may request the proponent to deposit up to $1, 000.00 for planning, engineering, administrative and legal expenses incurred by the City for the review and processing of the application, any remainder of which will be refunded to the applicant. All projects requiring an EAW or EIS must deposit $1,000. -23- 1 Application for Fill & Mining Permit 1 - 1000 yards 35. 00 Over 1, 000 yards 185. 00 (C.U. P. Fee) + all consultant fees, 2 , 500. 00 cash deposit required Copy of Official Maps City Maps 3.00 ea Zoning (22" x 34") 3 . 00 --2:-99- Any Special- Printed Maps (blueprint) .50 257,4sq_ ft. Topography Maps 30 .00 -5-90-/-aere -F1.eed:,_P3 a- -Maps- (frco) Reproducable Maps 10 . 00 ea Developers Package Land Use Regulations (Zoning) 20 .00 10.00 Subdivision Regulations 10 .00 -3:re& Sign Regulations 3. 00 3:06 Comprehensive Plan 50. 00 2 .00 City Code 50 . 00 -22-5. 000 ENGINEERING - hereby set as follows: Department Fees (employees) City Engineer 53.75 *3--:U-e/hour Technician IV 36.80 -29:-5$/hour Technician III 34 . 40 2-5:-5$/hour Technician II 28.10 22:-5re/hour Secretary 24 . 50 -19-:-58/hour Salary multiplier 1. 7600 used when an employee' s rate is not specified above. Project Administration Fee for Public Improvements Projects 1% of contract -24- �i / W Project Plans & Specifications Charged at 90% of the fees computed according to Curve B expressed as a percentage of construction costs for projects of average complexity from 1972 ASCE Manual No. 45 . Permit Review 1. Commercial 30. 00 2 . Residential 15. 00 3 . Recheck at 1/2 the original fee Plan, Plat and Report Review 1. Review 30. 00 2 . Plus hourly rate 3 . Recheck at hourly rate Storm Water Drainage Utility City-wide special benefit fee 10 . 32/ (Payment due within 30 days - a penalty quarter/ of 5% per quarter added to past due amount) REF*-acre *Residential equivalent factor Flood Plain Verification 6. 00 Permit to Work in Public Right-of-Wayfees set as follows: Permit to work in public right-of-way $25. 00 l . 0O When work in public right-of-way requires the submittal of plans and specifications, review of the plans shall be charged in accordance with the hourly fees approved for the Engineering Dept. Lot Corner Survey (with metal detector only) 25. 00 (non-refundable, no guarantees) PARK AND RECREATION - hereby set as follows: Municipal Swimming Pool Fees hcrcby act a3 follew3: Gate Fees $ 1. 50 Children (under 19) 2 . 00 Adults -G5- w Season Tickets $40.00 -034.O4 Family (r'1u3 2. 00 ECR Filing Fcc) $23.00 10.00 Individual (P uc c2 n --SCR F , ,n j- Instruction $15.00 ;13 . 00 Session (4}u42 . O0 ECR Filing Fcc) Water Slide $ 1. 00 Five Ride Ticket 3 . 00 Afternoon or Evening Pass Activity Fees 1. Seasonal Activity Fee For Youth $11.00 2 . Adults $15.00 3. Assess all other activities on a proportional basis. (Some are 1 day) 4 . Additional non resident charge of $3 . 00/seasonal activity for non residents of Shakopee that reside within boundaries of School District #720 . 5. Shakopee non residents outside boundaries of School District #720 shall pay additional assessment of $5.00 . 6. Fulltime employees in Shakopee that live outside the community pay the same fees as residents. OTHER - hereby set as follows: 1. Application fee for variance from or amendment to the cable franchise ordinance 25. 00 PLUS Costs of consultants hired to assist the City in considering variance applications will be billed to applicant based on actual cost to the City. Notification will be sent to applicant that consultants will be utilized when that determina- tion has been made. / 5( a/ MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: GEORGE F. MUENCHOW, DIR. - SHAKOPEE COMMUNITY RECREATION SUBJECT: 1991 PARK & RECREATION FEE SCHEDULE DATE: DECEMBER 4, 1990 Introduction These past many years Recreation Fees And Charges were the responsibility of Shakopee Community Recreation. Now with the advent of this function occuring under the wing of the new City Of Shakopee Parks & Recreation Department, this recommendation comes forward having had the input of of the Shakopee Community Recreation Board, the soon to be Parks And Recreation Advisory Board, and, of course, S. C. R. Staff. Background Much of the costs of the 200 plus activities generated through S. C. R. are covered through budgets that are in place within the many Auxiliary Agencies that operate under the wing of S. C. R. These funds are generated through user fees, fundraisers, and donations . S. C. R. has worked very hard over the years to develop this workable and cost efficient system. These Auxiliary Agencies, in turn, appreciate the service rendered by this department. In most instances these costs including athletic supplies, game officials etc. are not a part of the P & R ( former S. C.R. ) Budget . Activity Fees are intended to cover the costs of the office operation e.g. staff salaries, insurance, memberships, travel , postage, telephone, printing, etc. coupled with the City ' s General Fund Contribution of $ 67, 000. 00, an $ 11 , 000. 00 increase from 1990 when the City participated in the S. C. R. Joint Powers Agreement. Recommendation To achieve a balanced P & R Budget the following is recommended: a. Seasonal Activity Fee For Youth $ 11 . 00 (same as 1990) b. " " " Adults15. 00 ( 1990 - $ 13. 00) c. Assess all other activities on a proportional basis. (Some are 1 day) d. Additional non resident charge of $3 . 00/seasonal activity for non residents of Shakopee that reside within boundaries of School District #720. (same as 1990) e. Shakopee non residents outside boundaries of School District #720 shall pay additional assessment of $5. 00. (Same as 1990) f. Fulltime employees in Shakopee that live outside the community pay the same fees as residents. ( Same as 1990) Action Move to approve staff recommendations: ttri.` �e�■ a �{������ t t L ? ldiiiiiiVi id MI �• :,.2..v._:__-.,_:_7_,-,7:_::7 --.- MUNICIPAL SWIMMING POOL OPEN SWIMMING-SWIMMING INSTR.( IrmON-WATERSLIDE FUN PROPOSFO 1,991 23rd SEASON , � 4•'�V ,-F--;1-,-,. F (r•% \ i ij 1 11 � ' F\ 11 . k__, • rUJune S-AuusIIID weeks) IfriAt 14011, , AvAritAr,. .s .--,t41, / V\ it titi") Ili: 1 (FJ IA/II. 1 • \3 Oft ��,4,401 _11 v �% .i POOL HOURS 1 11k4V June 8 - June 16 100 - 7:20 PM June 17 - August 9 Weekdays 1 :00 - 4: .. 0PM 6:30 - 8: ' 0PM Weekends 1 :00 - 7 : 20PM August 10 - August 18 100 PM - 7 :20PM POOL FEES WATER SLIDE FEES Daily Admission: 5 Ride Ticket - $ 1. 00 Children under 19 - $ 1. 50 Unlimited Rides per Afternoon, Adults - $ 2. 00 or Evening Session - $ 3. 00 SEASON PASSES Note: If purchased at Shakopee Family : - 9 40. 00 Showcase, April 15. Individual - 9 23. 00 SEASON PASSES Family :y ' $ 36. 00 June 17 - August 9 (8 weeks) Individual : $ 21. 00 10 : 15 AM - 12:25 PM Instruction : $ 13. 00/Two week & 5:30 - 6: 10PM period. Fee: $15/per two week session • ,AV;�` i, ,,j , SI SHAKOPEE MUNICIPAL SWIMMING i; Located in Shakopee's Lions Park West 11th Ave. & Adams St. For Information contact: Shakopee Parks & Recreation 445-2742 ! Ist � CITY OF SHAKOPEE MUNICIPAL SWIMMING POOL/WATER SLIDE 1991 PROGRAM/PLAN A. INTRODUCTION The Municipal Outdoor Swimming Pool located in Lions Park and first used in 1969, has been a summer focal point for thousands of fun seekers, swimmers and sunbathers. For a number of years, the facility was able to meet on-site costs from revenues generated. In the past ten years this has not happened. It was anticipated that with the installation and operation of the Water Slide, that this deficit operation would no longer exist. This did not happen for various reasons. The City has operated the pool as a major service to its constituents. The goal has been to provide a pleasurable, safe atmosphere of fun and instruction with a minimum of subsidy. B. BACKGROUND 1. Weather conditions are a major factor that determines to what extent the pool is used each summer. If the temperature soars into the 80' s, 90's and above, people will flock to the pool in great numbers. If not, they won ' t. This did happen in 1988, 1989 and to a certain extent in 1990. 2. Economic conditions seem to provide a framework of a wait- and-see attitude on the part of many potential pool users. There is a hesitancy to buy season tickets if there is a possible chance they can get by purchasing only a few daily tickets instead. Cold weather at the beginning of a season is the culprit that stimulates this thinking. A reduced rate allowed at the Shakopee Showcase might help reverse this fact of life. 3. Season ticket sales have leveled off in recent years. 4. Lesson registrations also seem to have leveled off. 5. The 1991 Swimming Pool Budget is predicated upon bare bones operation, mirrored after experiences of recent years. Emphasis on safety will remain most important ! In 1987, the deficit was approximately $17, 700. The 1988 excess of expense over revenue was $10, 406. 1989 excess of expense over revenue was $21, 615. 1990 excess of expense over revenue is 20, 513. Anticipated expense was $26, 475. 6. Season Tickets and Lesson instructions are available to residents who qualify for the School Free Lunch Program at a rate of $5. 00 for Season Tickets and $3. 00 for Lessons. 2 C. PROPOSED HOURS OF USAGE FOR SUMMER 1991 1. The season will begin Saturday, June 8 and conclude Sunday, August 18, 72 days, identical to recent seasons. 2. Staff will meet prior to the start of the season to prepare facilities and participate in training. 3. The pool will be available for open swimming from 1 :00- 4 :20PM, 6:30-8:20PM weekdays, and 1 :00-7:20PM weekends, dependent upon weather during the weeks when Swimming Instruction takes place. The first and last weeks of the season do not include Swimming Instruction, and open swimming hours will be from 1 :00-7:2OPM. 4. Swimming Instruction will be from June 17 - August 9 weekdays. Hours are 1O: 15AM-12:25PM and 5:30-6: 1OPM. Lessons are in blocks of two week periods, 40 minutes per day. The Red Cross Program is followed, Tiny Tots through Lifeguard Training. Basic Water Safety Class is offered during the first two weeks while Emergency Water Safety class occurs the second two weeks. Lifeguard Training is scheduled the last four weeks. 5. The pool is available to organized responsible groups to reserve the pool for private splash parties beyond regular hours. The fee for these groups is $50 for 1 1/2 hours or S1/per person, whichever sum is greater. If the water slide is to be included, the group fee will be $100 or $2/per person whichever is greater. D. PROPOSED PERSONNEL The staff will consist of a Manager, Assistant Manager, Cashier, 8 Guards/Instructors, 6 Aides, and a backup crew of part-time employees. Each of these personnel are scheduled on a regular basis as needed. All perform important functions. They are paid only when they work. E. IMPROVEMENTS Add sand replacement to pool, beach, and filter building. Complete fiberglass repairs on water slide. 3 F. SHAKOPEE MUNICIPAL SWIMMING POOL - FIVE YEAR IME CAMPARISON Ci �f / TICKETS SOLD 1987 1988 1989 1990 1991 I PROPOSED EST. SEASON 473 8 32 $15,136.00 528 8 32 $16,896.00 447E 34 315,198.00 458 315,137.00 450 $18,000.00 SEASON 92 8 17 $1,564.00 93 8 17 31,581.00 80 8 19 31,520.00 73 $1,387.00 70 $1,600.00 SEASON Misc. $42.00 LESSONS 888 Ca 12 $10,356.00 869 8 12 110.428.00 711 813 $9,247.00 794 39,728.00 800 312,000.00 TOTAL $27,098.00 328,905.00 $25,%5.00 $26,252.00 331,600.00 FREE TI(.r.ET LOW INCOME FAMILIES SEASON s0 N 32 $960.00 39 C' 32 $i,248.00 28 @ 3 384.00 32 @ 3 396.00 335.:0 LESSONS 31 8 12 $372.00 50 8 12 $600.00 26 @ 1 $26.00 418 1 $41.00 $40.01 TOTAL 100% FREE $1,332.00 $1,848.00 $110.00 $137.00 $75.00 RECEIPTS GATE $14,091.00 316,061.00 321,000.00 $19,921.00 $17,000.00 CONCESSIONS $8,886.00 $10,880.00 $11,031.00 $11,297.00 $11,000.00 WATERSLIDE $10,196.00 $16,718.00 315,004.00 $13,993.00 $13,000.00 TOTAL $60,271.00 $72,564.00 $73,110.00 $71,600.00 $72,675.00 G. 1991 SHAKOPEE MUNICIPAL SMINNING POOL PROPOSED BUDGET 1987 ACTUAL 1988 ACTUAL 1989 ACTUAL 1990 EST. 1991 PROPOSED PERSONAL SERVICE 4100 SALARIES FT $2,966.00 34,500.00 $4,162.00 32,790.00 37,200.00 4112 OVERTIME FT $35.00 4130 TEMP $34,668.00 342,000.00 $41,170.00 344,500.00 $44,500.00 4140 PERA $123.00 $150.00 $180.00 $125.00 $300.X0 4141 FICA $207.00 $250.00 $313.00 $213.00 3540.00 4143 PENSIONS/ MEDICARE 3467.00 $555.00 $565.00 3810.00 $650.00 410 HEALTH & LIFE INE. 32558.00 3300.00 $333.0(' 3138.00 3620.00 4151 WORKMENS C0MP. 31,1 .00 31,100.00 32,196.00 34,448.00 $2,400.00 TOTAL $39,649.00 348,855.00 348,919.00 352,884.00 356,210.()0 SUPPLIES & SERVICES 4210 SUPPLIES 33,571.00 $5,500.00 $6,360.00 $5,829.00 $7,480.00 4215 SURFACE MATERIALS 4230 BUILDING MAINT. $3,094.00 33,500.00 31,709.00 36,875.00 33,000.00 4232 EQUIP MAINT. I REPAIR $7,664.00 $2,500.00 $2,323.00 $1,729.00 $8,300.00 4310 PROF. SERVICES $275.00 $1,102.00 4319 PROMOTIONS 4321 TELEPHONE 3186.00 $465.00 $399.00 3451.00 3620.00 4330 TRAVEL d SUSISTENCE 4350 PRINTING I PUBLISHING 3257.00 34(0.00 31,901.00 $543.(10 31,500.00 4360 INSURANCE $5,616.00 $4,000.00 $5,104.00 $3,828.00 $6,000.00 4370 UTILITIES $11,145.00 37,500.00 310,296.00 310,692.00 311,5 00.00 4380 RENTS 4395 MERCHANDISE $6,018.00 $7,250.00 $6,874.00 37,507.00 38,300.00 4411 CURRENT USE CHARGE $1,500.00 TOTAL 337,8226.00 $32,615.00 $36,069.00 $37,454.00 346,i00.00 CAPITAL EQUIPMENT $7,055.00 4502 PURCHASE BUILDINGS 4511 CAPITAL EQUIP $275.00 31,500.00 $279.00 38(10.00 TOTAL $275.00 31,500.00 $7,334.00 $800.00 TOTAL THIS DIVISION $77,950.00 $82,970.00 $92,322.00 $90,338.00 $103,710.00 4 / - H. PROPOSED WAGES AIDE 3.10-3.50 3.30-3.70 3.50-400 3.70-4.20 3.80-4.30 5 ON DUTY AT ONE TIME CONCESSIONS BAG ROOM SHOWERS 0 GUARDS/INST. 4.25-4.70 4.70-5.25 5.00-5.75 $5.0$5.20 $5.4$5.40 7 ON DUTY $ Al ONE TIME 6.00 $6.20 4.70-5.25 5.00-5.75 $5.20 $5.40 CASHIER (1) 4.25-4.70 $5.70 $5.90 $6.00 $E.20 MANAGER tl) 5.30-5.90 6.00-6.50 6.50-7.00 6.75-7.25 6.95-7.45 ASST. 6.55-7.00 6.75-7.20 MANAGER (1) 5.30-5.90 5.80-6.25 6.30-6.75 I. PROPOSED FEES FAMILY SEASON $34.00 $34.00 $40.00$32.00 $32,.00 INDIVIDUAL $17.00 $17.00 $19.00 $19.00 $23.00 SEASON TICKET GUEST TICKET (7 DAY OUT OF TOWN GUEST) FAMILY $10.00 INDIVIDUAL $4.00 SENIOR CITIZEN FREE FREE FREE FREE FREE GATE CHILDREN (UNDER 19) $1.00 $1.00 $1.25 $1.50 $1.50 CHILDREN FREE FREE FREE (UNDER 1) FREE FREE $2.00 ADULTS $1.25 $1.25 $1.50 $2.00 5 J. PROPOSAL 1. Conduct a 10 week season at the Shakopee Municipal Swimming pool the summer of 1991, with fees and hours as recommended. Days Open : June 8 - August 18 Hours Open Swimming : June 8-16 1 :00PM - 7 :20PM June 17-Aug 9 Weekdays 1 :00PM - 4 :20PM 6:30PM - 8:20PM Weekends 1 :00PM - 7:20PM August 10-18 Weekdays & Weekends 1 :00PM -7: 20PM Gate Admissions: Daily - Children ( under 19) $1. 50 Adults 52. 00 Season Tickets: Family $40. 00 Individual $23. 00 Senior Citizen FREE Age 1 & Under FREE Instruction : June 17 - August 9 Children : 515. 00/per two week session 2. Water Slide Fees: One Day (Afternoon or Evening ) Session Pass $3. 00 Tickets ( 5 Rides) S1. 00 3. $4. 00 reduction for Family Season Tickets and $2. 00 reduction for Individual Season Tickets and Lessons if purchased at Shakopee Showcase. 4. Grant $5. 00 Season Tickets and $3. 00 Swim Instruction ( 1 lesson/per individual ) to residents that qualify for the School Dist *720 Free Lunch Program. 5. Wages shall be: Positionts) Beginning Exper ience d Aides $3. 80 $4. 30 Guards/Instructors $5. 40 $5. 90 $6. 20 Cashiers $5. 40 $5. 90 S6. 20 Asst. Manager $6. 75 97. 20 Manager $6. 95 $7. 45 6 174 C4' 6. Group Pool Rental ( 1 1/2 hours) : $50. 00 or $1/per person whichever is greater. 7, Group Pool & Waterslide Rental ( 1 1/2 hours) : 9100. 00 or 92/per person whichever is greater. 8. Aggressive marketing shall take place wherever possible to encourage maximum usage of the swimming pool complex. K. ALTERNATIVES 1. Keep fees the same as in 1990 recognizing that the excess of expense over revenue is anticipated to be 9 27, 00P approximately the same as budgeted in 1990. 2. Establish a different Fee Schedule from what is proposed. L. RECOMMENDATION Adopt a 1991 Shakopee Municipal Swimming Pool Fee Schedule similar to the anticipated subsidy used in 1990. Gate Fees 9 1. 50 Children (under 19) $ 2. 00 Adults Season Tickets9 40. 00 Family $ 23. 00 Individual Instruction $ 15. 00 Per Session Water Slide $ 1. 00 Five Ride Ticket $ 3. 00 Afternoon or evening Pass $4. 00 Family Season Ticket and $2. 00 reduction Individual Season Ticket and Instruction for Those purchasing early at Shakopee Showcase. 7 TT ' MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: 1991 Pay Plan for Nonunion Employees DATE: December 13 , 1990 INTRODUCTION: In an effort to bring the City of Shakopee into compliance with the state pay equity legislation, staff is proposing several drastic chancres to the pay plan. These changes should eliminate wage disparities in the pay plan and hopefully bring the City into compliance with the State pay equity law. BACKGROUND: Several years ago, the City of Shakopee developed a pay plan in an effort to bring the City into compliance with the state ' s pay equity legislation. However, flaws within the pay plan formula will not allow meeting the objective (pay equity) prior to the state's mandated deadline of December 31, 1991, without making dramatic changes to the pay plan. Nonunion Pay Plan Formula The City of Shakopee's pay plan (attachment #5) is based on several variables including the following: Market/Stanton ratio split (presently 51%/49%) , job value (points) , corridor, (plus or minus 5%) , the use of the Stanton Average Median wage per classification for the City's top step in determining the blend for the Stanton portion and cost of living adjustments. (Attachment #6 depicts the cost increases or decreases for each job title. ) Three primary variables in the formula have prevented the City of Shakopee from reaching Comparable Worth compliance. First, the use of 49% market in terms of the blended ratio tends to favor technical and secretarial classifications. This has artificially kept supervisory employees from achieving competitive salaries. Secondly, the use of a plus or minus 5% corridor has artificially kept employees - from reaching the pay equity line, e.g. all positions more than 5% below the equity line. Thirdly, the 49% Stanton Survey factor used the median Stanton wage figure as the top amount for non-union employees, while police officers and police sergeants used top patrol figures when negotiating their contracts. The Department of Employee Relations (DOER) will be reviewing scattergrams to determine pay equity compliance. A scattergram is a graph showing the relationship of compensation to job value for all job classes in the jurisdiction. The scattergram plots points and maximum salaries for each job class. Shown in attachment #1 is a scattergram of our 1990 pay plan. Please note that the scattergram has been developed by placing the Public Works union employees at their 1989 rate. Note that several female positions 1991 Pay Plan Page -2 are well below the line in comparison to male classifications of comparable point values. In other words, our 1990 pay plan would not have met the compliance standards set by the Department of Employee Relations. Please also note that this scattergram, includes the pay equity line. This has been included for illustration purposes only. When the scattergram is submitted to the State, the pay equity line will be removed. Proposed 1991 Pay Plan For purposes of developing the 1991 pay plan, staff is proposing the following: 1. Change in the market ratio split to 75% internal job value (points) , and 25% Stanton (market value) (Previously 51%/49%) . 2 . No cost of living adjustment in 1991. 3 . Elimination of the corridor. (Previously plus or minus 5%. ) 4. Development of an exempt employee classification compensation schedule. 5. A 2% salary adjustment for those employees whose salaries would go down or increase by less than 2%. Shown in attachment #2 is a scattergram of the 1991 pay plan implementing the aforementioned changes. The 1991 proposed budget includes funding for a 4% wage adjustment. In dollars, this equates to approximately $45, 000. 00. The cost of the proposed 1991 pay plan is within the budgeted amount. The proposed 1991 pay plan has a significant differential impact upon various employee classifications, largely as a result of comparable worth adjustments. The average increase would be 4.5% with some employees receiving as little as a 2% lump sum increase over their 1990 wage. In some instances the top step of certain classifications experienced a reduction of 3% over 1990. The proposed 1991 pay plan does not include any cost of living (COLA) adjustments, per se although it does propose a 2% lump sum increase for those positions which would receive a decrease in salary, i.e. Police Chief, Public Works Director, Deputy Police Chief and custodian. The lack of a merit element in the pay plan results in an inability to reward employees who are performing well above average and, instead sends a negative message relative to how the organization values their respective contributions. In an attempt to partially alleviate this inequity it is suggested that a 2% lump sum based upon the December 31, 1990 salary be granted and to be paid on April 1, 1991. This lump sum increase will not be added to the base wage of these positions and will have no 1991 Pay Plan Page -3 impact upon the City's comparable worth position. Exempt Classification Compensation Schedules It is proposed that an exempt classification compensation schedule be created. It is anticipated that this compensation schedule would be a one-time adjustment for 1991. The pay equity act requires that compensation consider hours worked. Exempt employees do not receive overtime, consequently their total compensation should take into account the number of hours they work. Exempt employees spend differing amounts of time attending meetings and performing other work outside their regular work days. The exempt employee compensation schedule as shown in attachment #3 places exempt employees into three classifications . Employees in these categories would receive differing compensation, based upon the amount of time devoted to work outside their regular work schedules. Public sector management employees tend to be undercompensated in comparison to managers in the private sector. This schedule partially addresses this tendency. In that the Building Official, Deputy Police Chief and MIS Coordinator attend very few, if any meetings outside their regular work schedules it is recommended that they become non-exempt employees and that they be eligible to receive overtime pay. In that the City Administrator prepared this pay plan, it might be appropriate for the City Council to determine where the City Administrator fits into the Exempt Employee Compensation Schedule. This position is presently in Exemption Category #1 . Council Members and Fire Department The 1991 pay plan does not include increases in the fire fighter, Fire Department official, Mayor or Council member wages. These wages were adjusted in the 1990 pay plan. (State law does not allow this City Council to raise its salary for 1991. ) Vacation, Sick Leave, Holidays Staff is not proposing any changes in the City' s vacation, sick leave or holiday schedule for nonunion employees, including the additional five days vacation received by exempt employees who attend meetings. Health and Life Insurance In 1989 and 1990, the City contribution for nonunion employees health and life insurance was $245.00 per month. There was no increase in 1990 due to the nonunion employees receiving a 1% pay adjustment to do away with the yearly 2% reduction in the Stanton wage average. 1991 Pay Plan Page -4 The actual cost for family health insurance for 1990 was $272 . 86 plus approximately $25. 00 per month for life insurance and long- term disability. Since the City's contribution was $245. 00 per month, nonunion employees with family coverage contributed $24 . 40 per payroll towards family health and life insurance coverage. Renewal rates for 1991 have been received from Blue Cross and Blue Shield. Family rates are increasing $ . 27 per month. There will also be no increase in the life and disability rates. Traditionally, it has been the City ' s practice to increase its monthly contribution rate for health and life insurance benefits by $10 . 00 per month regardless of the health insurance premium increase. This amount has been included in the 1991 budget. Health and Life Insurance Benefits vary greatly between cities in terms of coverage and providers. Therefore, the Stanton Survey is not very useful in determining the Group 5 average government cost. The 1990 Stanton maximum government contribution varies between $190. 00 and $270 . 00 per month. . The 1990 Police and Sergeant settlements did include increasing the City' s Health and Life Insurance Contribution by $10. 00 per month to $255. 00. Since the Comparable Worth adjustments consumed virtually the entire amount budgeted, staff is recommending that the Health and Life Insurance increase be limited to $5. 00 per month. While this relationship between union and non-union employees is not desirable, i. e. non-union health benefit of $250 in 1991 and police $255 in 1990 (1991 amounts not known) it is being recommended due to the financial condition of the City. Position Reclassification One position is being proposed for reclassification in 1991 as a result of the internal reorganization which took place in 1990. In 1990 the administrative secretary was classified as a secretary position. In 1990 the person holding the position upon approval of the department head did retake their Time Spend Profile (TSP) . The new Time Spend Profile was reviewed and approved by the department head. The final step of the reclassification process was a review by the Comparable Worth Appeal Panel . The Appeal Panel has reviewed the TSP and related information and is recommending the reclassification from secretary to executive secretary. The reclassification has been included in the 1991 pay plan as submitted by staff. Temporary employee salaries are proposed to increase 4%. This encompasses primarily swimming pool employees, with the remainder working in public works and in other recreational activities. Those positions at the bottom of the temporary pay plan are in the range of $4 . 16 to $6 . 68 per hour and are competing directly with salaries paid by fast food restaurants. The supply of workers for jobs in these pay ranges is diminishing. 1991 Pay Plan Page -5 Potential Pay Plan Alternatives As of this date no union settlements have been reached for 1991 and the pay equity Scattergram has not been reviewed and anal . z d by DOER. (A scattergram will be submitted during the Spring of 1991 for informal review. ) If DOER mandates additional compensation changes this will result in the need to adopt a modified pay plan Summary Shown in attachment #4 is Resolution No. 3329 , a resolution adopting the 1991 Pay Schedule for the officers and nonunion employees of the City of Shakopee, Minnesota . Staff is recommending approval of said Resolution. ALTERNATIVES: 1. Offer Resolution No. 3329 , a resolution adopting the 1991 Pay Schedule for the officers and nonunion employees of the City of Shakopee, Minnesota and move its adoption. 2 . Do not approve Resolution No. 3329 , adopting a 1991 Pay Plan for the officer and nonunion employees of the City of Shakopee, Minnesota. 3 . Table pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Offer Resolution No. 3329 , a resolution adopting the 1991 Pay Schedule for the officers and nonunion employees of the city of Shakopee, Minnesota and move its adoption. PAY (Thousands) Iv W CA 0t 0 I I I i \117 -Ti...\ in ``\M s s 0 's 0 R 0 773 O - s„ s- (r 113.7 a - rt m — n m 5 � # = N a r.14 a it/ -et- PAY (Thousands) ("1 I I I I w (71 - Fri r It _ Hag 02 rt _ rt rt # 71 N � d4 Fri (-1 (,4 a • Attachment # 3 EXEMPT EMPLOYEE COMPENSATION SCHEDULE 1. The following schedule shall be utilized in determining exempt employees and their exemption category. All exempt employees regardless of their exemption category shall receive one extra week vacation. Exemption Category 1 - 4% increase Attends on the average four evening meetings per month and conducts and/or attends other City business meetings outside regular business hours. Eligible position classifications - City Administrator and Assistant City Administrator Exemption Category # 2 - 3% increase Attends on the average two evening meetings per month and conducts and/or attends other City business meetings outside regular business hours. Eligible position classifications - City Planner, Public Works Director, City Clerk and City Attorney Exemption Category #3 - 2% increase Regularly called upon to attend meetings outside of normal business hours and conduct and/or attend other City business meetings outside regular business hours. Eligible position classifications - Finance Director, Program Supervisor and Police Chief au9lpaypin / 4 Attachment 84 RESOLUTION NO. 3329 A RESOLUTION ADOPTING THE 1991 PAY SCHEDULE FOR THE OFFICERS AND NON UNION EMPLOYEES OF THE CITY OF SHAKOPEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Administrator is hereby authorized to issue warrants upon the City Treasury from and after January 1, 1991 or other date as specified and payable to the duly elected, appointed, or hereby designated and appointed non union employees of the City of Shakopee, in accordance with the attached 1991 pay schedule dated January 1, 1991 heretofore adopted, or hereinafter adjusted. BE IT FURTHER RESOLVED, that all aforesaid disbursements shall be made subject to the prevailing conditions of employment and satisfactory performance of all the respective duties and responsibilities as specified in State Law, City Code and Resolutions as adopted or amended and supplemented from time to time by the Council. BE IT FURTHER RESOLVED, that the City contribution for health, life, long term disability and/or individualized health care count as may be provided by Council, shall be no more then $250. 00 per month per employee effective January 1, 1991. BE IT FURTHER RESOLVED, that all resolutions in conflict with this resolution are hereby repealed and terminated, effective January 1, 1991. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 18th day of December, 1990. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney 1991 PAY SCHEDULE JANUARY 1, 1991 POSITIONS ELEC:'EDOFFICIaLSS SALARY AUTHORIZED Mayor $6, 120. 12/yr 1 Councilpersons $5, 100. 12/yr 5 CITY EMPLOYEES See attached 1991 Pay Plan Fire Chief $2, 000. 00/yr 1 Assistant Fire Chief (1st) $1, 000.00/yr 1 Assistant Fire Chief (2nd) $ 900. 00/yr 1 Fire Department Engineer $1, 650. 00/yr 1 2nd Engineer $1, 350.00/yr 1 3rd Engineer $ 700. 00/yr 1 1st Captain $1, 350. 00/yr 1 2nd Captain $ 500.00/yr 1 3rd Captain $ 500.00/yr 1 4th Captain $ 500. 00/yr 1 Firemen $ 7.50/hr 35 Misc. Temporary Employees from $ 3 .95/hr N/A to $ 11.55/hr 1 4 .4-- C) A C) C) 9 U) CO U) H H N 9 C') C) 9 'V 3 01 O :) 'C 'C C) 'e1 C) C.. C al r r O R O le A 1p n A a r A n r C 1p r O r r r 0 C. O tP R O O O O O n • A W R CO O N r 'O rt Cr r R a R O R 0 n n rt n n n a' a• > `C r 00 r 'C r r •C a •C O 'O A' X• .. f0 R t0 C) 0 A n Cl C. C) r O 7H C). 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W r U1 r r A r r H r r H r N r r W _ r r r N n 0 0 9 . 10 U O1 r V0 N V U1 N 01 A O r r O1 W r r 01 r O1 07 U p n p (Y A co r A co r 01 .-. A 00 V V V 0 A N 00 0 W U 10 10 O N 10 u r Q1 OO W 0 W Co N W O 10 W 01 W CO O r r 10 V. v O O O 01 W 10 ci A A A '0 x Ni i CD Int > 0 i a i rt 0. '0 0 i n i 0 0 < i pC i C' n It it r ate a ate it a at at ae V ae it N at It • it V It 01 It O 0 to ae r alt it it it it It I S 0‘ , MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Appeal from Decision of the Classification Appeals Committee DATE: December 13 , 1990 INTRODUCTION: The procedure for the reclassifications adopted by the City and utilized for the past several years includes a process whereby individuals in the City organization complete a Time Spent Profile (TSP) document which is then used as a basis to determine where particular employees fit on the City' s job classification plan. A certain individual has completed the TSP it is reviewed by the supervisor who then makes a recommendation to the City Administrator. Following that the Personnel Coordinator and the City Administrator review the TSP and determine whether it generally fits in to the City' s job classification system. The final step of this procedure is a thorough review by the Classification Appeals Committee. This committee is composed of the Finance Director, the Police Chief and the Community Recreation Program Supervisor. The aforementioned steps were followed recently for a potential reclassification of a position. The department supervisor was unhappy with the decision of the appeals committee. The procedure which has been used by the City indicates that the final step of the process is the appeal and decision of the appeals committee. However, in that the City Council formally hires, promotes and dismisses as City employees an appeal to the City Council could be construed as the final action taken by the City organization. ALTERNATIVES: 1 . The City Council could direct the Mayor to appoint a committee of two Council members to review the decision of the appeals committee with the appropriate department head and such other employees as it deems significant. 2 . The City Council could determine that the appeals committee decision is the final decision relative to a reclassification appeal . 3 . The City Council could suggest another way of dealing with appeals from the appeals committee. RECOMMENDATION: If the City Council desires to function in an appellant role relative to reclassification appeals it is suggested that the Council pass a motion directing the Mayor to appoint a two member appeals committee to hear this appeal and to further direct that the committee meet with the appeals committee and the appropriate department head to explore this appeal in further detail . ACTION REQUESTED: Move to direct the Mayor to appoint an appeals committee composed of two City Council members and direct that that committee meet with the position Reclassification Appeals Board and such other City employees as are deemed necessary to adjudicate the decision of the appeals board. 4151. MEMO TO: Dennis R. Kraft, City Admi ' strator FROM: Judith S. Cox, City Clerk L_ RE: Premise Permit for Shakopee ckey DATE: December 18, 1990 INTRODUCTION AND BACKGROUND: Attached is Resolution No. 3330 Approving a Premises Permit for Shakopee Hockey at Canterbury Inn, 1244 Canterbury Road. This would be a renewal of their existing license which expires March 31 , 1991. Applications must be received by the Gambling Control Board before their January meeting in order to be considered at their February meeting. Consideration by the Shakopee City Council at their December 18th meeting will allow the Shakopee Hockey Association to meet the State' s time frame. RECOMMENDED ACTION: Offer Resolution No. 3330, A Resolution of the City of Shakopee, Minnesota, Approving a Premises Permit for Shakopee Hockey and move its adoption. RESOLUTION NO. 3330 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A PREMISES PERMIT FOR SHAKOPEE HOCKEY WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew a premises permit; and WHEREAS, Shakopee Hockey is seeking renewal of their permit through March 31, 1992 . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the premises permit for Shakopee Hockey, at Canterbury Inn (Players Grille) , 1244 Canterbury Road, Shakopee, Minnesota, be approved. Passed in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 18th day of December, 1990. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney • • . i • • I I 1 • . • - • ... _... • . . . • FOR BOARD USE ONLY r= CHECK INr I?U DATE LG2I4 Minnesota Lawful Gambling t9,5,924 Premise Permit Application - Part 1 ..,•.w.,vT}i>y.:w>)5}b,^^v,..,ww}nw.auw,wyH»T.w}NE.,�wvvvn ::.....:. vu�v�.vu,!Ny}y>T9N!OnMY,.q�+}yb,)}}TyTTiT�» ..Nl•:� r.=v.. .. ... .r.. :.:. ... .. � +.:::::::::::::m::.:;:}r-.--.(......r:::..nw::.vm::ny(:i:.v.v.......rr: �A r�t ii:S.::i(iiiii:iii::.'i:ii>>}::}.ii:{:i>}.:}::iw4i' ::::::u.v::::rrrrrrv.:v::::irr:ir.�:::r: vRvx O P LIQa:. fl +i�Og.::;:}:::::>;>:rr:::;. .:r: <-r:•};}}(.} .., .:<u,,.....��.<:»�:<.,r.:,.:.:. Legal Name of Organization Business Address of Crganizadon-Street or P.0 Box(Ca not use address of gambling manager) 6 3 C ,F3/lh Ok .S/ay( Cary tate Zc Code County Business onone numoer rill. .5-375 'v ( )c' /7 V Name of cniet exec.nive cfncar.(cannot os gamoiiing manager) i ide Business phone numoer Cl e y Uk 2.: 5 r , Y1, -/ c/ Address of chief execiove officer-Street or P.0. Box City State Zp Code County cPO S 3 4 Aiev dress raj S�.¢,���f 49;WAl 13" 1� ........... .. ...............r...........................::.....v..........r.....»:........vn.....rr:T.n....�r. .:.. ....... ....:nr:;i.i:i(�ii�'ii?::}}ri:,:c: ....... ...... ........ ........ .. ... ..... .... r: ............ ,.r t( (i: .vw.. -:n:.},v^i (;.}}-:.v::.:8r;•r:f : Ji:<iv:: ; •:l>.:...i}:{•]v i`:}r:i:.:: .!�: Typ . .w... x:. ..r vu�. .. ..::::.v..:Nvv.}',f.:.4:.}}fir:.}:.:.vvv..:.v.}43.vS^!� � ?2:. .•.vv r.......r...Avin.}ir:tiv:i}}. ..T\i} .....: �+ -:nv..r+.w..a3C„w�kow�A�w}>�ra�..:::;::'c..�;o.,+:>t,:a.:::,::..vr},.V.;.c:«a.}::. 'i:R::::s .:::v:n;:igi.:}:c. "�..n::::,: railE� .vn,}}}rr:^+.}::(a'?.r}xvnii:'::'L:\-:v.;:;rT}hv,60BCWlONYr::MP'!v?v:t'-y-:Jv+YCCCOW�A'1'.::•r•::.>•r:vn.nv.;cs}`:(•;}:}:0:::+.t..+'p ......... Class of Premise Permit Q Class A— Bingo, Raffles, Paddlewheels,Tipboards,Pell-tabs 2r-Class B— Raffles, Paddlewheels,Tipooards, Pull-tabs The class of premise permit ; Q class C— Bingo only must be reflected by class of Q D the organization license. Crass — Raffles only Bingo Occasions If class A or C. fill in days and begtnning and ending hours of bingo occasions: No more than seven bingo occasions may be conducted by an grganizatioi.per week. Day Be -sziing/Eartirg Hours Day Beginring/ErdL-fg Flours Day Beginning/Ending Hcurs to to to to to to :.;. .....:......N...... ..... .nv.:......v:.. ...... ..............:..;............:::r.:.:..nv.v:::n.U3 :...r.....vri:4}}}r'•:}: ::jj"`('r::"rr r}r>.....:::iS:i n:nn:. +: ..� ... rrn A::.....::.v:.�.��.��, .K�vf...r..... ...}.....r..;(..::-:.:::: ...n..::..::.. ...:..... ��•:.v ::....:....,. ...:!nvf " yWT.'FH.�^........... v:r.r..H. ..........v.........v........... ..:'::•..r.....rx....::::.... .... 'n:'W. -. S+S:........... ... .......... ..... .. ..................r........ • v.......::- }r'::4rr::::.:.�.>i::i>:4rirr:(i:-i?\.vi:':i '��i:tt-rr:.{i-i .: :.(v' y�"n1r�i�: �iv .nal n<..... r)}ff yL{.•Y.v)'.:..::::::::...:: :}:::v}Y;.}:}:vrr:8}:iib•>'n.w::a:•.... :..!S>i�•J:Yl,..) nv..:.n::• �{,,�� .... ..:. :.}:, ..... ,... ,..._. ;::}:L,�(ay;;lWfirr:-::.w}}:;.;..r< ::-r:<:.;:-... :::ac::R..".}'-:(:• �•:..x •:yv> `It e"'9ri'li nOr I?G:CQSS� L'�.Cd theft�i2t:rC u:: `a' ( ,�y ::I•r';;q•: 't'o rxr. :•,. ..c .... ... .... . ....... .. .......:.�....: ..:.. ..::,:::.�..... ••.. ..:.,....:...lar:`?cL'"6:.: ;r:::r:::"-... ........... .. .. ...•.:............r.,.,..... .. _.... .. .. .............. -.:... }�a:::.r}<k-ter-xrg%`2�8C�:.:.}�'::�` r`YY+ir£ikd`....,,..ac>..�:ny,::^ �':4j4ri:irir:: .............r............. n...A.... ..... ............ ..., .... .w )v8.:•h•r(\::(.::::.�............ ♦:. 'prr:{4:'is .................................r.. ............ rnr:'i. :::::.�::::::::: .............:..:.v.:.. :..:::x.v::.v:::.,.n(•, ♦..n....,.............. .....:..:rv:.::.:::::::'vW.....rn...............:::..............::::.vi:.'(Cfvr}i}i\r:.. r'eNN.'�++:v::i< •••::.v.v::•••.A1""""""' r............... ,...r.....::•.,rn....... F.m.v•:v• ,a,\ifr.Yw+n.vna::r wn+ rw�w+.uw.navwwiiwvwtiww.nvr4wCLiv+.vww vn-:•.wrn........ :v.i-i�::. .... •mG'w.vvnw,wK{vwG4iriiwwY,fJi:vfu+JCG'RihU rJ'"•nvew,w.V�,Yvwvuvv:�wv'r'i�K"' Status of Premise Permit - check one: New premise—Fil in base organization premise permit number Q Renewal of existing premise permit—FR in=r-^c!ete premise permit number Q Previcusy expired premise permit—Si!in crrniet4 premise permit number /,�j LG214 Minnesota Lawful Gambling Premise Permit Application - Part 2 ...._. :......,,... .rr:....:.. x r ..... __ ........,,.::,.,::�::::::��..........:�.�. Lsf��Tr T..� „L. ..;mY��W. :,T... %SSnS�tTL` i:4Ti ........... ..J..T:�SLC+.'T'•'0004, ..n�M:�:vi.v .n};......v.•., .. ':::�ii:iiii''i :vT'v::::..'..iv..Y•hiiviviei:.'L�i:v:i ::::..::.};}'..::t•:nom.:::v. ...,,� tQZY>sT;.}:>T::..»:;T:_:i:::;:ro-T:^:L.. ..... N of esablisnment where gambling writ be oonau=ad Street Address(do not use a post orfw box number) fe.s 4.4i( k Cay s & . � fi' !, Is to premises!--Led within city!knits? yes Q no qty and County where gambling premises is located OR Township and County where gambling premises is located f outside of dry limits ...- 11/410/3‘g C- /5d-0 Name and Andress of Legal Owner of Premises City Stats Za Code Coes one orranizanon own the building where the gamoung will be concur:ad? EYES cZ NC NOTE:Organizations may not pay themselves rant if they own the building or have a holding company. A letter must be sub- mitted showing rent payments as zero from gambling funds if the organization's holding company owns the premises. The letter must be signed by the Grief executive officer.) If NO, attach the following: ' a copy of the lease with terms for one year. T. a copy of a sketch of the floor plan with dimensions, showing what portion is being leased. A lease and sketch are not required for Class 0 appiicantions. Rent: For gambling with bingo S Total square footage leased For gambling without bingo $ Total square footage leased Address of s:oraga space at gambling equipment Address City State Zr.)code /a 3 a /Iy11)IQ,I o- 3f 54A 4o4 E f "hi).//4.. $Snk TIIfBrIIIation (eactr permanaa gamaiing pram:saa moat have a aaparate cnecxtfg account) Bank Name Bank Account Number Zo Code Baru Andress City State 72- J '7- Name. aOckess.and Ube of persons aualcetzed a sign onecirs and macre deposits and wimdrawafs. Name Address Title i" 6 ,'K ice. , L .tel aU • - . cos - '£ LG214 Minnesota Lawful Gambling Premise Permit Application - Part 3 r: .......r.w. ..,.M,�:rv...vµ.:^a^ ? }}r..+:?...,.y.+vv:;^r..;-N!!!.«r...,,w.srrw :r>..•,rmn:cr...:.sr,..,...- -M±rrs.... ... ... ...? » n;.,..,.•.�}.ver. .... c+!�r»w•.,rr:Ax?tax?:�-rix;:^vry::tn;r.?:,vs«.,r. rr;•x xtnv: :. ...... ................ ..r}}} .;. .. ........ ..,:,.. ..; ;w::..,:.r.,rs:+>:.-::._.:....... .•r+h r..}x??nv};Svcs-.��;:� 'd'iar:^.�,,.... :�^` }}s`..:: :i;:�i:%;;v f:. .:g..ir: -r S.,Y u•r}ry .... ha.3 �. .t .vw:f ^.:v, > .�•�C'��rY}�n}.(,:p.�}3';;..wr•+�,t:s::.:�:.;::yrv��j.tx•;-r2:,-,,. n.`:Q: r}fif:{SJi::.:!} :i:\+HA .•7Cti�rrr�•:• ~: :::n'}Cq:•'X ::•,^R.'S'-'-}Y.G:r r-,fJrf:}:,ttY::vCiYii:irv:•Fi M"; } Q :a..:.'.k�•c;R:)xw^n;;t::.�•`:ri':`i:';:::::.-• ,-:r'}�..�:}.?�,..�uw:co-+•.•-+�Y�,v�t.?.°'•:n:. :.,as:}.:,f,:.. }::r.� .;.t:.:., AC�IIDW�'e�, �III�Ilt• ...,..�.,.. .. ......:.::::::.:...:f.�:,,�:<:r}...:,r....r.::..,.�.,.,.., ..,�.._n....._... ..,�:;?x::.:;>«;?:�r..... x Gambling Site Authorization 1 hearty consent that local law enforcement officers,the board or agents of the board,cr the commissioner of revenue or public safety, or agents of the commissioners, may enter the premises to enforce the law. Bank Records Information The board is authorized to insoec the baric records of the gambling aunt whenever necessary to fulfill requirements of current gamoling rules are law. • I dedare that: I have read this application and all information submitted to the board; All information is true, accurate and complete; All other required information has been fully disdosed; I am the chief executive officer of the organization; l assume full responsibility for the fair and lawful gambling and rules of the board and agree, if licensed, to abide by those laws and rules, inducting amendments to them; A membership list of the organization will be available within seven days after it is requested by the board; Any changes in application information wiil be submitted to the board and local government within 10 days of the change;and A termination plan will be submitted to the board within 15 days of the termination of ail premise permits. Failure to provide required information or providing false information may result in the denial or revocation of the license. Signature of cniet exe cove orficer Oats • .. .....::...:..:::\-.:•.::::::::............. .....n....rx.:..r.r......v.....:rvVrr.n..;.n.....-�./:!•.v:}..w::.:n::•.n;..:v::v._::h::::}.�:::•:::•;^`! •:L:C::':' xUS :::::::...:.. .... .. .:::.:._::tr.::::::::....... r.. .::::::::::..:::: ..... ....? •.k-:{?:-0: ^xri};}:i'ii:vii::isJii:�::isisi?vi:ri5:r(:til:i{•f::::;:yrs:W ..:.r .., .... •:t}: .r;••. .... ',..-. .:: :........:.,..,.. ::..:::,.�::"':"".:�..r....... :.S:sA?•"c .}v::n:::::::r.:.::;:.::;}}-:.ifn:•ri:;:?.:::>}rrr:t : eraniea ::Acawieslsment ::..-. :: ............ 1. The city 'must sign if the gambling premises is located within city limits. 2 The county "AND township"must sign if the gambling premises is located within a township. 3. The local government (city or county) must pass a resolution specaicaily approving or denying the application. 4. A copy of the resolution approving the appiication must be attached to the application. 5. Applications which are denied by the local governing body should not be submitted to the Gambling Control Division. Township: By signature below,the township aacnowiedges that the organization is apo ging for a premises permit within township limits. C,`ty or County" Township" C;ty a County Name I i awnsnip Name Signature of person receiving application Signature cf person receiving acpiieanon i itle I Date Received ride Date Reamed Person oebrertng acpiicaaon st ioal governing Doty Date Is townsnio• r Crsanized E Unorganized Q Unincorporated Refer to tha Instructions for the required attachments Mail to: Department cf Gaming Gamciing Control Division Rosewood Plaza South,aro Fiocr 1711 W. County Road /6 law offices Phillip R.Krass*$ �RAS S Robert J.1Ualtert Dennis L.Monroe l[\J ) Lachlan B.Muir Barry K.Meyer - .. James B.Croft Jay D.Goldberg mox RoE Colleen M.Trende Mark J.Moxnessx -•�• Orlin D.Te Slaa Trevor R.1Valsten chartered Patricia A.Weller DEC 1 3199Q Diane M.Carlson Patrick J.Sweeney Murray R.Kiane `` SHAKOPEE==:: P iOF December 12 1990 x.Alsn Admitted in California t Certified Real Pnmerty law Specialist - .. ;.t.ALV.Admitted in South Dakota The Honorable Mayor and City Council 129 E. First Avenue Shakopee, MN 55379 Re: Shakopee Depot Condemnation Our File No. 1373-227 Dear Mayor and Members of the Council: On December 10 I met with City Engineer, David Hutton, and City Fee Appraiser, Peter Patchin, relative to the various scenarios to be considered in the acquisition of the depot property and the construction of Second Avenue. We re-examined the acquisition of the depot scenario, and we examined moving Second Avenue to the north in order to avoid the depot. Under either scenario, we concluded it would be very difficult to assess Second Avenue to the depot since it had alternative reasonable access . Mr. Patchin' s belief is that the land behind the depot would generally go to $2 . 00 to $2 .50 a square foot now, and after the construction of the road, was probably worth $3 . 000 to $3.50 a foot, this assuming we consolidated the five lots that would be available after condemning the depot and the one residential property in question. That residential property as an estimate would probably cost $75,000 and the depot probably $100, 000 . Giving the holding costs of such a consolidation and especially given the state of the economy at the present time, Mr. Patchin and I have concluded that this project simply is not economically feasible. The acquisition costs under either scenario are going to be considerable, the ability to assess under either scenario almost non-existent, and the open-endedness of this entire project for a cost standpoint makes it extremely dangerous . I am making a strong recommendation that the City not proceed with this project. It is one of those projects that resembles quick sand and I am afraid there will be no bottom to it. If you do this project, you must understand going in that it is going to cost the taxpayers six figures plus construction costs. Reply to:Marschall Road Business Center.327 Marschall Road.P.O.Box 216.Shakopee.Minnesota 55379•[telephone:(612)445-5080 FAX(612)445-7640 Southpoint Center.Suite 1100. 165011est 82nd Street.Bloomington.Minnesota 55431 7telephone:(612)885-5999 FAX(612)885-5969 /4 The Honorable Mayor and City Council December 12, 1990 Page -2- Please contact me if you wish to discuss this matter further. Very truly yo s, / KRASS . M0. CHARTERED P 1,41- R. Krass •, torney at Law PRK/bmp Recommended Action: Move to concur with Mr. Krass ' s recommendation to not proceed with the Second Ave. Project between Atwood and Scott St. and direct the appropriate City officials to prepare a Resolution rescinding an earlier Resolution of the Council initiating condemnation of certain property for constructing a roadway in said area.