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Home My WebLink About08/07/1990 • MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: August 3 , 1990 1. Attached are the July 12, 1990 minutes of the Planning Commission and Board of Adjustment & Appeals. 2 . Attached are the August 9, 1990 agendas for the Planning Commission and Board of Adjustment & Appeals. 3 . Ducks Unlimited of Shakopee #085 has applied for a raffle/gambling exemption for their banquet on September 11, 1990 at the KC Hall in Shakopee. They meet the requirements of the City Code. 4 . St. Mary' s Catholic Church has been given permission to close 6th Avenue between Sommerville and Lewis Streets from 8 : 30 am until 7 : 00 pm on Sunday, August 26th for their church festival . 5. Attached is the Building Activity Report for July. 6. Attached is a memorandum from the Building Official regarding a Stop Work Order/Cole VanHorn. 7 . Attached is a copy on a newspaper article regarding New Open- Meeting Law. 8 . Attached are the July 14 , 1990 minutes of the Shakopee Community Youth Building Committee. 9 . Attached is a correspondence from Mike Kazma, Manager of the cable system in Shakopee notifying the City of a rate increase effective 9/1/90 . The City no longer has the authority to control cable television rates. 10. Attached is the August calendar of Upcoming Meetings. 11. Attached is memorandum from Dave Hutton regarding his vacation leave. 12 . Attached is the billing summary through May 31 , 1990 from Krass & Monroe. 13 . Attached is the August Business Update From City Hall . 14 . Mr. Jerry Ubel , Shakopee Hockey Ass 'n. , called August 3rd to apologize that he was unable to make it to the meeting on pulltabs. He said that the consensus of the members was that they were concerned about the City implementing any taxation on pulltabs. This is their source of income for youth hockey and that a tax would really, really hurt them. --Judy. 15 . Attached is the Police Newsletter for Council review. I BOARD OF ADJUSTMENTS AND APPEALS SHAKOPEE, MINNESOTA Regular Session July 12 , 1990 MEMBERS OF THE BOARD: Allen, Christensen, Joos, Kahleck, Rockne and Spurrier MEMBERS PRESENT: Kahleck, Spurrier, Allen, Christensen MEMBERS ABSENT: Rockne, Joos OTHERS PRESENT: Lindberg Ekola, City Planner Jane VanMaldeghem, Recording Secretary 1. ROLL CALL Chairperson Kahleck called the meeting to order at 7 : 35 p.m. Roll call was taken as noted above. II . APPROVAL OF AGENDA There was no changes, so the agenda was approved as submitted. III . APPROVAL OF JUNE 7 , 1990 , MEETING MINUTES Minutes were approved as submitted. IV. RECOGNITION OF BOARD OF ADJUSTMENTS AND APPEALS OF INTERESTED CITIZENS Chairperson Kahleck asked for comments from anyone in the audience having an interest in any particular agenda item. There was no response. V. ADJOURNMENT Meeting adjourned at 7 : 37 p.m. I . PLANNING COMMISSION SHAKOPEE, MINNESOTA Regular Session July 12 , 1990 PLANNING COMMISSION MEMBERS: Kahleck, Spurrier, Rockne, Allen, Joos, Christensen MEMBERS PRESENT: Spurrier , Allen , Kahieck , Christensen MEMBERS ABSENT: Rockne, Joos OTHERS PRESENT: Lindberg Ekola, City Planner Jane VanMaldeghem, Recording Secretary I. ROLL CALL Chairperson Kahieck called the meeting to order at 7 : 37 p.m. Roll all was taken and noted as above. II. APPROVAL OF AGENDA Chairperson Kahleck stated that agenda item 8 "Fences in Residential Areas" was to be deleted from tonight ' s agenda and would be discussed at the August 9th meeting. III . APPROVAL OF JUNE 7 , 1990, MEETING MINUTES The meeting minutes were approved as submitted. IV. RECOGNITION OF INTERESTED CITIZENS Chairperson Kahleck recognized anyone in the audience wishing to speak on any non-agenda item. There was no response. V. 7 : 40 P.M. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT ON LANDSCAPE REQUIREMENTS FOR COMMERCIAL/RETAIL COMPLEX CENTERS Chairperson Kahieck opened the public hearing. Staff recommends that the landscape regulation amendment be applied to the B-1 district only due to traffic speeds on the highways . Speeds in B-2 and B-3 zoned areas are generally slower, so the spacing of one tree every 50 feet provides necessary visibility in the B-2 and B-3 . Chairperson Kahieck closed the public hearing. Spurrier/Allen moved to recommend to the City Council approval and adoption of the proposed zoning ordinance amendment on Minutes of the Page - 2 Shakopee Planning Commission July 12, 1990 landscape requirements for commercial/retail complex centers in the B-1 zone only. Motion carried. VI . NON-AGENDA INFORMATION ITEMS Non-agenda informational items, in the City Council format, will be presented to the Planning Commission. This is intended to keep the commissioners up to date on other items of interest. VII. 7 : 45 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT TO ALLOW RETAIL SALES IN AN I-2 DISTRICT Chairperson Kahleck opened the public hearing. The applicant is Fragrance Marketing Group (FMG) that is requesting a conditional use permit to allow retail sales in an I-2 district located at 1000 Valley Park Drive. Staff recommends approval . Commissioner Spurrier stated that some type of measure should be attached to the conditional use permit separating public vehicles and delivery trucks. Mr. Albinson was present for the applicant. Discussion was held on adding a third condition which would control access points and the separating of parking areas. Chairperson Kahleck closed the public hearing. Christensen/Allen offered Condition Use Permit Resolution No. 594 , and moved for its adoption subject to the following conditions. 1. If complaints to City staff in the future on this conditional use permit warrant a review by the Planning Commission, the City Administrator shall have the authority to require such a review. 2 . If the retail sales floor area is expanded, an amendment to the Conditional Use Permit must be approved. Required parking for retail sales must be reviewed (one stall per 150 square feet of floor area) . 3 . Approval of the Conditional Use Permit is subject to the submitted site plan. Any changes to the vehicle circulation will require an amendment. VIII . DISCUSSION - REVIEW OF OVERHEAD ELECTRIC LINES The City Planner stated that the Shakopee Public Utilities Commission is requesting two overhead electric lines, one temporary and one permanent, to serve the new Northstar Auto Minutes of the Page - 3 Shakopee Planning Commission July 12, 1990 Auction located on Valley Industrial Boulevard North. Because of the economic concerns facing SPUC, staff recommends approval . Lou VanHout, Public Utilities Manager, was present for discussion. Commissioner Christensen asked what the guidelines were that would allow overhead lines and questioned if it would not be less expensive to place overhead lines all the time, and why was this an exception. City Planner responded that each overhead line request is reviewed on a case-by-case basis. Mr. VanHout responded as to what he saw as being guidelines and when it is a specific financial burden for the utilities company. He stated this is an industrial area with existing overhead lines so it would not deter from the aesthetic value. Commissioner Spurrier suggested that the aesthetic values, as applied to the residential section, should perhaps comply in this situation also. He questioned if there was a specific financial burden to warrant this request. Mr. VanHout state he could not say there was undue financial burden, but the costs could indeed be greater with buried lines and he felt the request warranted due to the existing lines in the area and the lines being along the roadway only. Allen/Spurrier moved to recommend to the City Council approval of the two overhead electric lines because of undue financial concerns. Motion carried. Chairperson Kahleck requested the City Planner look into this ordinance for more specific guidelines and possible amendments. IX. DISCUSSION - COMPREHENSIVE PLAN WORKSHOP The City Planner requested a mini workshop to follow the Planning Commission meeting for discussion of key items. Commissioner Christensen requested discussion of the City Hall be specifically brought before the City Council and the Planning Commission. Commissioner Spurrier suggested 4th and Adams be joined for better access to the bypass connectors. The Planning Commission scheduled a workshop meeting for July 26. Commissioner Christensen excused herself at 8 : 30 p.m. Minutes of the Page - 4 Shakopee Planning Commission July 12, 1990 X. DISCUSSION - STREET LIGHTING POLICY The City Planner reviewed the memo which contained several background information items in developing the City' s street lighting policy. He stated a staff recommendation would be presented to the Planning Commission for a decision at the August 9 , 1990, meeting. XI . DISCUSSION - PROPOSED AGENDA FOR THE PLANNING COMMISSION/CITY COUNCIL JOINT WORKSHOP The City Planner presented a proposed agenda for the joint workshop scheduled for July 19 . He explained that the City' s long range planning and the Commission' s roles and function should be a part of that workshop. He stated the long range plans specifically refer to items such as the comprehensive plan. He added that the Commission' s roles and functions relative to current planning issues (i .e. appeals, rezoning, and other items dictating cooperation between the Planning Commission and the City council) is also placed on this agenda. Other items, but not limited to, on the agenda for discussion include: (a) Comprehensive plan issues, as the downtown/institutional viability, which will give the Commissioners a chance to voice their opinions. (b) Comprehensive code update, discussion of allocated staff time and staff services available for code enforcement. (c) Enforcement problems. (d) Site plan review process. (e) Attendance policy. (f) Other business. XII. OTHER BUSINESS The City Planner reviewed the letter from Dennis Kraft, City Administrator, regarding the Scott county Lumber's Conditional Use Permit (#387) , dated June 21, 1990, with the Commissioners. The Commissioners requested to see a copy of the letter prompting this response. The invitation to the sixth annual picnic for City of Shakopee Boards and Commissions was again announced. The invitation for the grand opening of the Shakopee Town Square Mall was announced. Chairperson Kahleck suggested a letter of apology be sent stating the existing conflict on July 19 , of the joint City Council/Planning Commission meeting. She further state she hoped members of the City I Minutes of the Page - 5 Shakopee Planning Commission July 12, 1990 Council and Planning Commission would be at the joint meeting, which should be their first priority. XIII ADJOURNMENT The meeting was adjourned at 8 :45 p.m. C;) TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN August 9 , 1990 Chairperson Melanie Kahleck Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of July 12 , 1990 Meeting Minutes 4 . Recognition by Board of Adjustments and Appeals of Interested Citizens. 5 . Introduction of New Board Member - Joan Lynch 6. Adjourn Lindberg S. Ekola City Planner NOTE TO THE B.O.A.A. MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Lindberg or Aggie on the Monday or Tuesday prior to the meeting. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN August 9 , 1990 Chairperson Melanie Kahleck Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of July 12 , 1990 Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5 . 7 : 40 P.M. PUBLIC HEARING: Conditional Use Permit to consider a request for an 8 ' high fence. Applicant: Northstar Auto Auction - Kelly Conger Action: Conditional Use Permit #596 6. 7 : 50 P.M. PUBLIC HEARING: Conditional Use Permit to consider a request for a home occupation in an R-1 district. Applicant: Steve Cassem Action: Conditional Use Permit #595 7 . Conditional Use Permit Review: CUP # 572 Charles Ritchart - CSR Finishing - Custom wood cabinet finishing and repair, 2287 Eagle Creek Boulevard. Action: Motion approving review. 8 . Comprehensive Plan - Final Draft Recommendations 9 . Street Light Policy 10. Other Business a. APA Membership b. c. 11. 1991 - 1996 Capital Improvement Program 12 . Non-agenda Informational Items Lindberg S . Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Lindberg or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. . . S/v CITY OF SHAKOPEE BUILDING ACTIVITY REPORT PERMITS ISSUED July, 1990 Yr. to Date Previous Year Number Number Valuation Number Valuation No. YTD. Single Fam-Sewered 6 50 3, 142,900 15 57 4, 020,715 Single Fam-Septic 3 10 1,239,900 1 4 532, 000 Multiple Dwellings - - - - 2 222, 000 (# Units) (YTD Units) (-) (-) - (6) (6) - Dwelling Additions 10 43 98,900 8 52 242, 071 Other - 13 114, 110 0 7 163 , 590 New Comm. Bldgs 2 4 4, 370, 000 2 5 1, 012 , 700 Comm. Bldg. Addns. - 4 1,741, 000 - - - New Industrial-Sewered - 1 11,972, 000 - - - Ind. Sewered Addns. 1 2 1,012,800 1 2 102,990 New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Accessory/Garages 3 19 .111, 154 2 19 117, 465 Signs & Fences 5 49 47,295 4 47 47, 081 Fireplaces/Wood Stoves 2 8 16,255 1 4 12 , 900 Grading/Foundation - 3 94, 000 0 10 1, 406, 720 Remodeling (Res. ) 2 16 84,400 1 15 79,790 Remodeling (Inst. ) - - - 1 1 97, 230 Remodeling (Comm/Ind. ) 5 22 608,200 1 25 1,953 , 669 TOTAL TAXABLE 39 244 24, 652,914 36 249 9, 913 , 691 TOTAL INSTITUTIONAL - - - 1 1 97, 230 GRAND TOTAL 39 244 24, 652,914 37 250 10, 010, 921 No. YTD. No. YTD. Variances - 2 - 2 Conditional Use 1 3 3 13 Rezoning - - - - Moving - - - 1 Electric 24 172 53 200 Plumbing & Heating 42 242 42 225 Razing Permits Residential - 1 1 1 Comm./Ind./Inst. - 1 - - Total dwelling units in City after completion of all construction permitted to date 4, 439 Jeanette Shaner Building Department Secretary f CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JULY, 1990 8696 Novak Fleck 1310 Minnesota St. House $ 54,500 L 4 B 3 Meadows 4th 8697 Steve Larson 1200 Sapphire Lane Deck 644 8699 Novak Fleck 1302 Minneosta St. House 60, 000 L 1 B 3 Meadows 4th 8700 Jeff Dinsmore 1940 Heritage Drive Remodel 5, 500 8701 Robert Budin 2022 Heritage Drive Deck 1, 800 8702 Norbert Schmidt 1144 Merrifield Ct. Fence 800 8703 Laurent Builders 856 Stonebrooke Dr. House 200, 000 L 3 B 4 Stonebrooke 1st 8704 Dan Holst 1332 Pondview Ct. Deck 960 8705 Rahr Malting 800 West 1st Avenue Addn. 550, 000 8706 B & D Development 1284 Diamond Court House 70, 000 L 28 B 5 Hauer's 4th 8707 Mpls. Northstar Auto 4908 Valley Ind. Blvd. Comm. 1,500, 000 8708 Mpls. Northstar Auto 4908 Valley Ind. Blvd. Comm. 2 , 500, 000 8709 B & D Development Hillwood Estates Sign 400 8710 Dennis Fetzer 1850 C. R. 18 Pole Bldg 3 , 500 8711 Michael Jensen 1320 Pondview Ct. Deck 700 8712 Amcon Corporation 681 C. R. 83 Comm. 11, 000 8713 Eugene Engrau 1289 Limestone Dr. Deck 1,440 8714 Guetschoff Theatres 1116 Shakopee Town Sq. Comm. 147, 000 8715 Novak Fleck 404 Mint Circle House 60, 000 L 2 B 7 Meadows 4th 8716 G. Charles Ahrendt 219 West 1st Avenue Reroof 2 , 100 8717 James Boegeman 2560 Emerald Lane Deck 1, 320 8718 Gary Turtle 132 East First Avenue Alt. 1, 150 8719 Ran Ken Inc. 735 Shumway Street Addn. 7 , 000 8720 Trumpy Homes 1800 Granite Drive House 60, 000 L 14 B 2 Heritage Place 2nd 8721 Minnesota Valley Fence 1039 Monroe Street Fence 900 8722 Rick Oldenburg 530 West 4th Avenue Deck 960 8723 Joseph Smith 1830 Marschall Road Chimney 100 8724 Novak Fleck 1311 Minnesota Street House 57, 500 L 4 B 2 Meadows 4th 8725 Valleyfair One Valleyfair Drive Addn. 13 , 000 8726 Heat and Glo 2378 Marschall Road Fireplace 2 , 000 8727 Wayne Sandau 8204 Horizon Drive Storage Bldg. 6, 500 8728 Tracy Hohenstein 491 Marschall Road Temp. Sign 100 8729 Steve Krohn 1036 S. Pierce Street Storage Bldg. 850 8730 Randall Wosmek 8330 Horizon Drive House 93 , 500 L 9 B 3 Horizon Heights 8731 Robert Imker 9326 Boiling Springs Ln. Porch 5 , 000 8732 Michael Stang 8197 Horizon Drive House 76, 800 L 4 B 2 Horizon Heights 8733 Randy Jones 1257 Marschall Road Remodel 3 , 000 8734 Todd Burg 700 11th Avenue East Deck 960 8735 Tracy Hohenstein 491 Marschall Road Sign 2 , 300 (/. Memo TO: City Council From: Building Official Date: 8/1/90 Subject: Stop Work Order/Cole VanHorn INTRODUCTION On July 24th, 1990 I issued a stop work order to Mr. VanHorn for constructing an addition to his dwelling located at 303 East First Avenue. BACKGROUND Mr. VanHorn did not have a valid building permit for this expansion and in addition, was constructing this building within the defined corridor area of the by-pass. I have issued a order for him to raze this structure. I have also informed him of his right of appeal through our Building Codes Board of Appeals. He has indicated that he does not want to pay the appeals fee to appear before the board. I have included in this informational memo a copy of the letter sent to Mr. VanHorn, an informational letter to the Building Code Board of Appeals informing them of the problems. This letter was prepared in anticipation of Mr. VanHorn petitioning the board for a hearing. Should he not petition the board for a hearing within the allotted time frame for razing this structure, I will turn the matter over to the City Attorney for abatement. The attachments represent all data available to bring you up to date on this issue. Memo To : Building Codes Board of Appeals From: LeRoy F. Houser/Building Official Subject: Cole VanHorn/Building Addition Property Address: 303 East 1st Avenue Date: 7/28/90 INTRODUCTION My inspection of this property located at the above captioned address on 7/24/90 revealed that a building addition to this dwelling has taken place without benefit of a building permit. Also, you should be advised it is being constructed within the adopted mini-by-pass corridor which is contrary to Council policy. In effect, Council policy is that a moratorium on permits exits within this define corridor. A search of administrative procedures and code requirements left me with no alternative except to order Mr. VanHorn to raze this structure within ten days (August 5th, 1990) . Mr. VanHorn has chosen to appeal this order to this duly appointed board of appeals. Listed below are the items that will be addressed relating to what precipitated the stop work order: HISTORICAL DATA On 9/9/88 affiant obtained building permit # 7956 to remodel an existing kitchen and bathroom. a copy of the permit application is attached. You will note that the affiant specifically checked the box for alteration and not addition. This is considered to be prima facia evidence that it was in fact an interior alteration and not a building expansion as has resulted. You will also note that the lower left section of the permit application requires that this permit be voided if work is not started within 120 days of securing the permit. Consequently, since no required inspections were called for, the permit is considered to be null and void. You will also note that the lower left section of the permit which the affiant signed required to submit two sets of plans for any residential construction/expansion which was not done. This further adds support to our contention that this was to be an interior remodeling project only and not an expansion as they have undertaken. Van Horn, page two. On 7/24/90 we received a call for inspection from Mrs. VanHorn. Our visit to the site revealed that they razed the attached garage and built an addition to the dwelling which even exceeded the existing foot print of the former garage which encroached on the required setbacks in this zoning district. This, all being done without benefit of permit, plan check, zoning approval or Building Inspections approval. FACTUAL DATA A cursory inspection the framing indicates a number of code violations. They are as follows: 1. failure to obtain building permit. • 2 . Failure to submit plans. 3 . Failure to provide verification of frost footing depth of existing garage footing which you utilized for constructing this building on. 4 . Failure to provide engineering data for hand cut rafters substantiating this roof system will support the required 40# snow load plus dead load of the members and roofing. 5 . Failure to install required frost footings under a portion of the building, post and beam not approved without engineered design. 6. improper floor framing. Floor joist offsets on knee wall exceeds maximum offsets permitted by code for single plate application. 7 . Improper floor construction. Ribbon joist is required to be anchored to rim joist with lag bolts every six feet. 8 . Constructing a building addition within the proposed mini-by pass corridor. No permits nor construction enlargement can take place within the adopted corridor area. . The above items noted were revealed through a very cursory inspection of this structure. Consequently, the number of items listed should not be construed to imply that the code violations are limited to the aforementioned items. I do not feel I am obligated to conduct a full inspection on a project for which no permit has been obtained and no fee has been paid. RECOMMENDATION Staff recommends this building addition be razed. ok. CITY OF SHAKOPEE14�`Q= , INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 A wO Mr. Cole Van Horn 303 East 1st Avenue Shakopee, Mn. 55379 7/25/90 Dear Mr. Van Horn: My inspection of your property located at the above captioned address on 7/24/90 revealed that you are constructing a building addition to your dwelling without benefit of a building permit. Also, you are building within the adopted mini-by-pass corridor which is contrary to Council policy. A search of administrative procedures and code requirements leaves no alternative except to order you to raze this structure within ten days (August 5th, 1990) Failure to comply with this order will result in the matter being given to the City Attorney for prosecution. This order may be appealed to the Shakopee Building Codes Board of review. You may file for a application for review at the Shakopee City Hall at 129 East 1st Avenue. The filing fee for this application is $85. 00. If you have any questions regarding this matter, please feel free to contact me or Barry Stock. Respectfully, LeRoj F. 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" n..- nN , a Via? 3 �.p•� r,-,^�n7ri 3.:07 = �mR, SHAKOPEE COMMUNITY YOUTH BUILDING COMMITTEE MEETING MINUTES: JULY 14, 1990 8 : 30 - 9:30 A.M. MEMBERS PRESENT: LaVern Johnson, Gwen Marie Solseth, Joyce Bassinger, Gary Lindstrom, Ann Tuttle GUESTS: Ed Dressen Minutes from the meeting of May 12, 1990 were approved by the members present. The Treasurer' s report was accepted as submitted. Current balance in the bank account is $685. 04. OLD BUSINESS: Derby Days were discussed and plans made for staffing the booth sponsored by the Youth Building Committee. The booth will be staffed by volunteer cub scouts and girl scouts with their parents in two hour shifts . A Committee member will close the booth each night to maintain control of inventory and cash receipts. A sign for the booth was discussed and it was determined that a semi-permanent sign should be prepared (oil cloth or canvas) so it can be used each year. The price for the candy bars, popcorn and chips will be $ .75 each. NEW BUSINESS: A bill for $77 .00 for candy for the candy machine in the Building was presented for payment. A motion was made and seconded to approve payment of the bill. The VFW donated a rack to hold the folding chairs in the Building. It appears that people are using the copy machine without paying. We will put a sign up. The meeting adjourned at 9: 30 a.m. The next meeting of the Shakopee Youth Center Building Committee is scheduled for Saturday, August 11, 1990 , at 8 : 30 a.m. AUG - 2 1590 CiTy r r H ��n AMZAK CABLE, MIDWEST, INC. (612)445'6151 137- First Ave. E. • Shakopee,MN 55379 City of Shakopee 129 East First Ave Shakopee` MN 55379 Att: Barry Stock July 23 1990 Dear Barry, Effective September 1 , 1990 the price of the basic cable is increasing from $15. 95 to $16. 95 a month. The cable networks have been passing large rate increases on to us and unfortunately we must pass them on to our customers. Cable television is still cheaper in Shakopee than in surrounding communities such as Apple Valley ($18. 95) , Savage ( 19. 95) , Shorewood ($17. 95) , Eden Prairie ($18. 20) and Minneapolis <$17. 8O> Amzak Cable is striving to keep the rates for cable as low as possible. If you need additional information , please feel free to call . Sincerely, - '�- . Mike Kaz ma. Vice Presiden� August to i Upcoming Meetings SUN MON TUE WED THU FRI SAT 1 1 2 . 3 4 5 6 ? 8 9 10 11 4:30pm Public 7:OOpm City 1:30pm City Utilities Council Attorney 6:OOpm Boards & Meeting Interviews Commissions 7:30pm Planning Picnic Commission 12 13 14 15 16 1? 18 7:45am Downtown 5:OOpm Employee Committee Picnic 5:OOpm CDC 7:OOpm Energy & Transportation 19 20 21 22 23 24 25 7:OOpm 7:OOpm City Community Council Services Meeting 26 2? 28 29 30 31 Ju I y Sept SMTWTFSember_ W T F S SMTWTFS 1 2 3 4 5 6 7 1 8 9 10 11 12 13 14 2 3 4 5 6 7 8 15 16 17 18 19 20 21 9 10 11 12 13 14 15 22 23 24 25 26 27 28 16 17 18 19 20 21 22 29 30 31 23 24 25 26 27 28 29 30 08/02/1990 ( MEMO TO: Mayor and City Council FROM: Dave Hutton, Public Works Directo "t-J-7 SUBJECT: Vacation Leave DATE: July 24 , 1990 I will be on vacation from August 11 - August 25 . If you have any problems or questions pertaining to any of the construction projects, please contact my head technician, Ray Ruuska either through Dennis or directly. If you have any requests regarding street, alley or parks maintenance please contact either Jim Karkanen, Superintendent or Harry Pass, Foreman. KRASS & MONROE CHARTERED MqY p 4 1 327 South Marschall Road Shakopee, MN 55379 990 • City of Shakopee BILLING DATE 04-30-90 129 East 1st Avenue Shakopee, MN 55379 CLIENT SUMMARY Account Number RE Line( s ) Previous New Payment Current Balance Billings Received Balance 18-01373002-1 General $169.05 $41 .25 $169.05 $41 .25 19-01373011-1 Prosecutions $3,975.05 $3,684.85 $3,975.05 $3,684.85 18-01373117-1 Prior Lake Spring Lk Watershed Dist $0.00 $0.00 $0.00 - $0.00 18-01373157-1 Racetrack Tax Increment District $0.00 $0.00 $0.00 $0.00 18-01373158-1 c/o James Lockart at Popham Haik Law firm Racetrack bond issue ( Bill applicant) James Lochart $0.00 $0.00 $0.00 $0.00 18-01373209-1 Stonebrook $0.00 $0.00 $0.00 $0.00 18-01373210-1 Storm Drainage Easements. Bill Project . $181 .25 $220.00 $181 .25 $220.00 PLEASE INCLUDE ACCOUNT NUMBER FOR PROPER CREDIT PAYMENTS RECEIVED AFTER APRIL 30TH CREDITED THE FOLLOWING MONTH IF YOU HAVE A BILLING QUESTION CONTACT VINCE O " BRIEN AT 612/445-5080. PAGE 2 City of Shakopee BILLING DATE 04-30-90 129 East 1st Avenue Shakopee, MN 55379 CLIENT SUMMARY Account Number RE Line( s) Previous New Payment Current Balance Billings Received Balance 18-01373213-1 General Matters $0.00 $0.00 $0.00 $0.00 18-01373217-1 Vierling Drive West Condemnation $0.00 $0.00 $0.00 $0.00 18-01373222-1 5th Street Condemnation $282.63 $233.50 $282.63 $233.50 18-01373224-1 Scottland Assessment Appeal $0.00 $0.00 $0.00 $0.00 18-01373225-1 Schmitt Assessment Appeal $0.00 $0.00 $0.00 $0.00 18-01373227-1 Depot Condemnation $279.75 $38.72 $279.75 $38.72 18-01373232-1 Upper Valley Drainage Project Scott $0.00 $18.75 $0.00 $18.75 18-01373235-1 Women ' s Correctional Property $151 .20 $0.00 $151 .20 $0.00 18-01373236-1 Rahr Malting Co. $24. 75 $0.00 $24.75 $0.00 18-01373237-1 New Racetrack Owners $105 . 75 $56.25 $105. 75 $56.25 18-01373238-1 Conrady Assessment Appeal $0.00 $187.50 $0.00 $187.50 TOTAL $5, 169. 43 $4, 480.82 $5, 169.43 $4,480.82 THE KRASS & MONROE GROUP* 327 South Marschall Road Shakopee, MN 55379 612/445-5080 June 12, 1990 Billed through 05/31/90 Client number 1373 SHA City of Shakopee 129 East 1st Avenue Shakopee, Mn 55379 General TOTAL FEES FOR THIS MATTER S .00 TOTAL DISBURSEMENTS FOR THIS MATTER S .00 General TOTAL FEES FOR THIS MATTER $ 126.25 TOTAL DISBURSEMENTS FOR THIS MATTER S .00 Prosecutions TOTAL FEES FOR THIS MATTER $ 2,897.50 TOTAL DISBURSEMENTS FOR THIS MATTER S 5.25 Storm Drainage Easements. Bill Project. TOTAL FEES FOR THIS MATTER S 92.50 TOTAL DISBURSEMENTS FOR THIS MATTER S . 15 Vierling Drive West Condemnation TOTAL FEES FOR THIS MATTER $ 112.50 TOTAL DISBURSEMENTS FOR THIS MATTER S .00 Personnel Files TOTAL FEES FOR THIS MATTER S 88. 15 TOTAL DISBURSEMENTS FOR THIS MATTER S .00 5th Street Condemnation TOTAL FEES FOR THIS MATTER $ 126.25 TOTAL DISBURSEMENTS FOR THIS MATTER S 83.00 Schmitt Assessment Appeal TOTAL FEES FOR THIS MATTER S 13.75 TOTAL DISBURSEMENTS FOR THIS MATTER S .00 City of Shakopee PAGE 2 client number 1373 SHA Depot Condemnation TOTAL FEES FOR THIS MATTER $ 168.75 TOTAL DISBURSEMENTS FOR THIS MATTER $ 36.00 Upper Valley Drainage Project Scott TOTAL FEES FOR THIS MATTER $ .00 TOTAL DISBURSEMENTS FOR THIS MATTER $ .00 New Racetrack Owners TOTAL FEES FOR THIS MATTER _ $ 37.50 TOTAL DISBURSEMENTS FOR THIS MATTER $ .00 Conrady Assessment Appeal TOTAL FEES FOR THIS MATTER $ .00 TOTAL DISBURSEMENTS FOR THIS MATTER $ .00 TOTAL FEES $ 3,663. 15 TOTAL DISBURSEMENTS $ 124.40 TOTAL CHARGES FOR THESE BILLS $ 3,787.55 TOTAL BALANCE NOW DUE $ 3,787.55 iZ THE KRASS & MONROE GROUP 327 South Marschall Road Shakopee, MN 55379 612/445-5080 Billed through 0629/90 Client number 1373 SHA City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 TOTAL FEES FOR THIS MATTER $ .00 TOTAL DISBURSEMENTS FOR THIS MATTER $ .00 General TOTAL FEES FOR THIS MATTER $ 297.50 TOTAL DISBURSEMENTS FOR THIS MATTER $ .00 Prosecutions TOTAL FEES FOR THIS MATTER $ 2,737.75 TOTAL DISBURSEMENTS FOR THIS MATTER $ 1.80 c/o James Lockart at Popham Haik Law firm Racetrack bond issue (Bill applicant) Jam TOTAL FEES FOR THIS MATTER $ 13.75 TOTAL DISBURSEMENTS FOR THIS MATTER $ .00 Storm Drainage Easements Bill Project TOTAL FEES FOR THIS MATTER $ .00 TOTAL DISBURSEMENTS FOR THIS MATTER $ .00 Vierling Drive West Condemnation TOTAL FEES FOR THIS MATTER $ .00 TOTAL DISBURSEMENTS FOR THIS MATTER $ .00 Personnel Files TOTAL FEES FOR THIS MATTER $ 125.00 TOTAL DISBURSEMENTS FOR THIS MATTER $ .00 5th Street Condemnation TOTAL FEES FOR THIS MATTER $ .00 TOTAL DISBURSEMENTS FOR THIS MATTER S .75 Schmitt Assessment Appeal TOTAL FEES FOR THIS MATTER S .00 TOTAL DISBURSEMENTS FOR THIS MATTER S .00 Depot Condemnation TOTAL FEES FOR THIS MATTER 5 225.00 TOTAL DISBURSEMENTS FOR THIS MATTER S .30 Upper Valley Drainage Project Scott TOTAL FEES FOR THIS MATTER $ .00 TOTAL DISBURSEMENTS FOR THIS MATTER S .00 Women's Correctional Property TOTAL FEES FOR THIS MATTER $ 137.50 TOTAL DISBURSEMENTS FOR THIS MATTER $ .00 Rahr Malting Co. TOTAL FEES FOR THIS MATTER $ 112.50 TOTAL DISBURSEMENTS FOR THIS MATTER $ 3.30 New Racetrack Owners TOTAL FEES FOR THIS MATTER S .00 TOTAL DISBURSEMENTS FOR THIS MATTER $ .00 Conrady Assessment Appeal TOTAL FEES FOR THIS MATTER S 18.75 TOTAL DISBURSEMENTS FOR THIS MATTER $ 2.25 TOTAL FEES S 3,667.75 TOTAL DISBURSEMENTS S 8.40 TOTAL CHARGES FOR THESE BILLS S 3,676.15 TOTAL BALANCE NOW DUE S 3,676.15 2 ) ) BUSINESS UPDATE FROM CITY HALL Vol. 4 No. 8 Dear Chamber Member: August 1, 1990 ADMINISTRATION The City Attorney interview panel has narrowed down the list of candidates to the top three finalists. On August 8, 1990 the Shakopee City Council will be interviewing the final three candidates. Staff is optimistic that the position will be filled in early August with the candidate selected starting employment in early to mid September. CITY CLERK At their regular meeting on July 17th, City Council made the following appointments to the Park and Recreation Advisory Board: Paulette Rislund, Bill Preiss, Paul Ten Eyck, Dolores Lebens, Ronald Larson, Bob Tomczik, and Steve Johnson. They also appointed Michael Beard to the Community Development Commission and Joan Lynch to the Planning Commission. At their regular meeting on July 17th, City Council authorized the preparation of a resolution changing the polling place for the 5th precinct from the Christ Lutheran Church to the Community Youth Building in Lions Park. COMMUNITY DEVELOPMENT JEJ/Eastside Park - The City of Shakopee is in the process of preparing final design plans for improving JEJ Park. The park is located directly east of the Shakopee Jr. High. Proposed improvements for the park include grading and landscaping, construction of a basketball court and a outdoor ice rink. 50% of the park improvement cost is being funded by the State of Minnesota through a LAWCON grant. The project is "scheduled to be completed yet this fall . PLANNING On July 19th, the Planning Commission and the City Council held a joint workshop. The general purpose of the workshop was to discuss ways to improve the working relationship between the two bodies. Items discussed at the workshop included appropriate roles and functions of each body on both long range and current planning efforts, the comprehensive plan update, the future viability of the downtown area, the need for updating the City Codes and methods to improve code enforcement. POLICE The Police Department recently started a bicycle safety education campaign. Following are some bicycle safety laws about which we receive a lot of questions: 1. Ride on the right side of the road WITH the flow of traffic. A lot of people have trouble accepting this as the safest way to ride but one--fourth of all bicycle accidents involve riders moving against the flow of traffic. The bottom line is it' s more important for the driver of the car to see the bicycle and rider. 2 . Obey traffic signs and signals. Including stop signs. 3 . Carry only the number of persons for which the bicycle is designed or equipped. 4 . Bicycles which are being operated during the hours of darkness should be equipped with reflectors and lights. 5. Don't ride "no handed" . PUBLIC WORKS/ENGINEERING Street crews are currently patching numerous streets that will be included in the 1990 seal coat/overlay project. Due to the extremely wet summer, several of the construction projects have been delayed and have experienced long periods of inactivity during July. These projects include Kilarney Hills, Lewis Street and the Upper Valley Drainage Project. With good weather, these projects will still be completed on schedule. The contractor has paved the bituminous trail in the Upper Valley Drainageway, but this trail is still not officially open to the public. The storm sewers under the drainageway have still not been opened up to accept water and the contractor is in the process of establishing the vegetation in the drainageway. Until these two items are completed, the public is being requested to remain off the trail . SHAKOPEE COMMUNITY RECREATION (S.C.R. ) As summer winds down, S . C.R. is busily working on setting up various Fall Programs. The brochure containing information about these programs will be arriving in local mail boxes September 6. Some of the activities scheduled include: Football for grades 3-8 and adults, Grade 7-8 Cross Country, Grade 7-8 Girls Volleyball , Grade 3-4 Basketball , Gymnastics, Roller Skating (Elementary) , Shrine Circus, Dog Obedience, Grades 3-4 Cheerleading, Womens Exercise, Square Dancing, etc. Enrichment programs and adult trips are administered through Shakopee Community Education. # i5- •L-17.„'&• _ ;' ,.,� City of Shakopee . 9.--'Nof POLICE DEPARTMENT F� SNNESo01 4E- - () ' ' „----y ' � ouormantreet t. •1 V • �' ! SHAKOPEE, MINNESOTA 55379 °i '` Tel. 445.6666" ••• t'l -•-i [-V:""''''''' I-41 ' ;-= - _=4-ftma2§174-7( `" 5 5 3 7 9 t NEWS LETTER TO COUNCIL August 3, 1990 ***** TRAINING AND ORGANIZATIONS ***** U. S. WEST COMMUNICATIONS July 26 Detective Russ Lawrence and Sgt. Jerry Poole attended this workshop which addressed legal issues of cellular telephone systems, guidelines for hostage situations, procedures for telephone harassment, and call trace procedures. *****OTHER INTERESTS IN DEPARTMENT***** COMPUTER OPERATIONS We have installed two new computer work stations in the records area. The older units have been put to use by the Chief and Sgts. We are also in the process of enhancing our communication abilities with Scott County. RECOVERED STOLEN PROPERTY 07-11-90 On 06-13-90 Sgt. Kaley received a theft of radios report from semi tractors at Transport White Dealership. On 07-11-90 Chaska Police arrested an adult male for possession of theft tools and possession of stolen property. Among the recovered property were two radios stolen from Transport White. RICE LAKE PARK - LARGE PARTY 07-20-90 On 07-20-90 officers responded to a large beer party in Rice Lake Park. As officers arrived it was discovered that a person attending the beer party had sprayed tear gas among the group. We received several calls from concerned parents and party-goers about this tear gas. STOLEN VEHICLE PURSUIT 07-24-90 On 07-24-90 at 0400 hours Burnsville Police initiated a chase on a stolen pickup truck. The chase continued across County Road 42, North of County Road 17, and ended to the rear c'f the Perkins Restaurant here in Shakopee. The stolen truck did crash with barriers, fences, drums, and a MN State Patrol Squad. A Shakoaee squad suffered a fait tire. One adult male was arrested by Burnsville at the scene. g 0 SE'LVE JO 'LOEEd NEWS LETTER TO COUNCIL Criminal Sexual Conduct 07-27-90 On 07-27-90 officers received a call from two juvenile females who had been doing child care in the apartment complex of 620 Oroman. An adult male, who resides at this location, did attempt to have sexual contact with one of the females. Officer Dave Nelson., Officer Jc.hr. Flynn, and Sgt. Jerry Poole investigated and subsequently arrested one adult male for 4th Degree Criminal Sexual Conduct. ARRESTS FOR THEFT AND CONSPIRACY 07-29-90 Or. 07-29-90 executed a traffic stop was executed for speed on 1st Avenue near Rahr. The vehicle contained three juvenile males and a number of stolen car stereos and radios. The juver.ilee have beer. referred to court and we are attempting to locate owners of the property. NARCOTICS ARREST 07-31-90 Or. 07-31-90 Officers Nosbusch, Bisek, and DuBois coordinated a narcotics investigation which led to the arrest of three adult males and the seizure of $12, 500 and a 1989 automobile. SUMMARY OF JULY 1990 (This may be adjusted July 10) TRAFFIC ACCIDENTS PROPERTY DAMAGE ACCIDENTS 30 PERSONAL INJURY ACCIDENTS 2 HIT AND RUN ACCIDENTS 8 OTHER MEDICALS 32 FIRE CALLS S DETOX 7 ALARMS 36 TOTAL CALLS FOR SERVICE, JULY 1990 943 nrr_. NEWS LETTER TO COUNCIL I� • e****INCIDENT HIGHLIGHTS***** 07-13-90 Theft from vehicle, in progress, 429 Dakota, Arrest 3. 07-13-90 2 Adult males or, motorcycle fleeing, 100 block Lewis St. , Arrest 1 adult male. 07-17-90 Check Forgery, Marquette Bank, arrest 1 adult male. 07-17-90 Attempted burglary, 519 Dakota,, no entry. 07-17-90 Man with gun, 200 block West 1st, Arrest 1 adult male. 07-17-90 Search Warrant executed. 07-19-90 Residential burglary, 1000 block Scott, loss of coins. 07-20-90 Child neglect, Minnesota Street, under investigation. 07-21-90 Assault, at St. Francis, Ex. Clear. 07-22-90 Cemetery flowers and crosses in yard, 300 block South Holmes. 07-22-90 Residential Burglary, 1600 block W 12th Ave, loss of guns, VCR, and liquor. 07-22-90 Residential Burglary, 1100 block Quincy Street, loss of jewelry, Nintendo, and liquor. 07-23-90 Damage to windows, Shakopee Sr. High School. 07-25-90 Theft of bill changer, Canterbury Inn, Arrest 1 adult male. 07-25-90 Child abuse, 600 block Jackson, arrest 1 adult male. 07-28-90 Personal Injury Accident, Arrest for DWI, County Road 16. 07-29-90 Child Abduction, Valleyfair, Unfounded. ^.ar_^ .. I-5/13 z$L444,...4ti ... * tr. 1 %poi , _ . g 114kiewal - , . h-Pki I ,.. 1,4y rn. „to Quarterly Newsletter *Two Bits;also quarter."A quarter of the information you can get anywhere else" Dedicated to the City of Shakopee Computer User Published Volume 1 Winter,Spring,Summer,Fall Summer Quarter, 1990 New Stuff (using the ESC key) until the F:\Menu prompt is on the screen.Memory resident means that once they are loaded they are available to the user at any time no matter It's baaa...aaaaaack! TwoBits has returned for the third what program they are using.For example,one of the consecutive quarter.This issue will retain some of the bet- programs is an on-screen calculator.Once it has been ter features of the first two issues such as the Training loaded into memory the user can pop the calculator up on Calendar,Hints/Tips/Tricks and of course the jokes,rid- the screen if they are in WordPerfect Lotus 123,Ventura dies and contest.As for New Stuff,well you'll just have to or any other package.Remember that since these routines wait and see like me because I don't know what I'm going are memory resident they will no longer be available if the to write yet. PC has been shut off or rebooted. TRAINING CALENDAR Here then,are the routines available. • CALC... An on-screen calculator. To use it type VENTURA PUBLISHER CALC at the F:\Menu prompt.Pressing Alt-S in any August 9th,Thursday at 10:30 a.m. Council Chambers. application you are using will display the calculator. Learn the basics and the ins and outs of the very same Press Alt-S again to turn it off.Use +,-,*,/for func- desktop publishing package used to create TwoBits.Ven- tions,the enter key will give the correct answer. tura is very powerful and therfore somewhat more compli- • APPBK...Appointment book.Has timed alarm.Enter cated to master than many software packages but once the the time and description of your appointment.When fundamentals are learned it is quite easy to use. time is reached the alarm goes off and you can call up The session will cover how to design and begin a docu- the appointment book to check what it is. Type ment,where to start,using graphics,and how to save a APPBK at the F:\menu prompt. Alt-R toggles the document so it can be found again. screen on and off. This routine uses the system time so be sure to check it when it appears on the screen. HINTS/TIPS/TRICKS • POP-CAL...A pop-up calendar is available by enter- ing POP-CAL at the F:\menu prompt.Alt-C turns it on and off and the arrow keys change the month or year. The intention of this column is to provide you,the user • CARDFILE... A simple input screen appears on with advice or software or whatever to make your work which you can keep track of names, addresses and easier.If you have any little thing you do or some shortcut phone numbers.Search,delete and edit functions are you know about that might help someone else please let also available.To access this,type CARDFILE at the me know. F:\Menu prompt.Use Alt-Right Shift key to turn on and off the screen. Many of you have had a need in the past to make labels for one reason or another and have either struggled with AUGUST IN THE 80'S WordPerfect or typed them one at a time on a typewriter. I have found a Shareware package called Mail Call that The decade of the 80's saw tremendous changes and was designed specifically to print labels on a LaserJet developments in computing.Here are some highlights. printer.It's very easy to use.If you're interested in giving it a try see me and I will get you started. 1980-The first"hard drive"is announced,it has 30 There are available several memory resident routines. times the capacity of a floppy disk. These can be accessed by exiting the network Main Menu 1981-The IBM PC is unveiled.It has 16K to 256K of CONTEST EST RAM memory and costs$1,565 to$2,100.Almost no software is available but thousand of software packages will soon appear. The first two issues of TwoBits offered contests that 1982-Robots are predicted to replace 15%of workers were to say the least,not much of a challenge.This contest by 1990. should provide something more.At stake once again is the 1983-Steven Jobs, chairman of Apple Computer,rents tremendous prize of$5.00,but,remember,the fun is in Disneyland and invites a few thousand of his closest playing the game not in the reward. friends to spend a free night at the amusement park. Buried in this newsletter are directions to a location 1984-IBM unveils its AT machine built around the that when found will reveal where the$5.00 can be had. Intel 286 processor. So as not to discourage too many,I will provide the fol- The total number of computer magazines published in lowing clues. the U.S.grows to 450. 1.)Some go places to have room, 1985-IBM and Microsoft sign an agreement to jointly 2.)Others where their lunch time is being served. develop systems software products. 3.) You look,if under you can,so that it holds no 1986-Bill Gates,founder of Microsoft,will be worth change. more than$1 billion by the age of 31. 4.)Cup for your coffee? 1987-IBM introduces its PS/2 and discontinues nearly all PC,XT and AT models. Don't forget 1988-A 23 year old Cornell University student is ar- rested after releasing a computer virus that in two days fDerby Days! spreads through 6,000 computers across the country. C 1989-The total number of computers in the U.S.is 54 million. STATE OF THE SYSTEM(S) CITY HALL-The network is up and running and working well with 15 computers and four printers.Primary Twilight Zone applications are WordPerfect,Lotus 123,R:Base for DOS,and Ventura Publisher. Eugene Schneider of Carteret'New Jersey,allegedly POLICE-Three new PC's and two new LaserJet printers boost the network total to 8 PC's and four cut his$80,000 home in half with a chain saw in July 1976, after his wife sued him for divorce,thus fulfilling in his printers.Final installation is in progress. A new direct line to the County computer system is eyes the equal division of property required by New Jersey being installed.The next step will be to get all the network law. computers hooked up to the County. An announcer at a golf tournament:"Arnie Palmer is FIRE DEPARTMENT-A new 386 computer has getting ready to putt.Arnie,usually a great putter,seems been installed.Monitor problems have plagued the machine. to be having trouble with his long putt.However,he has RECREATION-With separation from the school dis no trouble dropping his shorts." trict imminent the Recreation Department will probably A statment made by the late Hubert Humphrey when expand from its 2 standalone PC's and one dot matrix he was Vice President in the Lyndon Johnson administra- printer to its own small networked system or it will be- „ come a part of City Hall's network.The location and con- tion: No sane person in the country likes the war in Viet figuration of a new City Hall building will play an nam,and neither does President Johnson." important part in this decision. GOLF TOURNEY Great Inventions Just a reminder! The Third Annual City of Shakopee vs.City of Prior Lake golf tournamenkWill be held Friday,August 10th at Lone Pine Golf Cou t fee is$12.00.See Barry by , August 7th.A great .1,.(6s_bgOn had in the past.Come ti, even if you don't wan Fs Shakopee is the defei _ champ. w, `' "`�'' Meet at the Hollywoo. nn,Prior Lake after the tour- ney. - STATE OF MINNESOTA ... OFFICE OF THE GOVERNOR moi;; 1868*, ST. PAUL 55155 RUDY PER PICH GOFER\OR July 31 , 1990 Chief Charles Ries Shakopee Fire Department 681 Menke Avenue Shakopee, Minnesota 55376 Dear Chief Ries: The State of Minnesota and federal agencies involved in controlling the recent spill of fuel oil in Eden Prairie have been very complementary about your agency's response and recovery efforts during and after the emergency. I understand that you and your department did an excellent job of keeping the spill from spreading to a larger area. Alaska had a large spill contaminate its waterways, so I am very concerned that a similar spill might contaminate Minnesota's. State agencies are in the process of improving their response capabilities to give you even better assistance in the event of a future spill . Please accept my congratulations and express my sincere appreciation to the members of your department for a job well done. Sincerely, • R PERPICH (;::21/2.41.C.IL Cove nor AN EQUAL OPPORTUNITY EMPLOYER s-1 . TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 7, 1990 Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2 ] Approval of Agenda 3 ] Recess for H.R.A. Meeting , 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor' s Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *9] Approval of Minutes of July 17, 1990 10] Communications: a] Dennis Coryell re: League Regional Meeting 9/19/90 *b] Jon R. Albinson re: preliminary plat application for Valley Park 10th Addition C,-/ ,Valley rc a.fre.�d Leas tie Ale ic- ' r ' e S -" lirkireh 11] Public Hearings - None 12 ] Boards and Commissions: None 13 ] Reports from Staff: a] Shakopee Fire Department Relief Association By-Laws - Bring Fire By-Laws from 7/3/90 agenda item 13b. b] Billing for Plan Review *c] Capital Equipment, Scuba Dive Rescue Equipment d] Western Gas Utilities Inc. - Franchise Ord. No. 291 e] City Hall Siting f] Planning Commission Attendance g] Railroad Depot and Second Avenue Improvement Project h] Reconsideration of Drug and Alcohol Policy for Discussion - motion tabled July 17 , 1990 i] Future Projects For Possible TIF Funding j ] Adams Street Project 1990-3 TENTATIVE AGENDA August 7 , 1990 Page -2- 13] Reports from Staff continued: k] Shakopee Bypass Noise Variance 1] Approval Of The Bills In The Amount of $649 , 667 . 73 *m] Application For Temporary Beer License - St. Mary' s *n] Senior Community Services Employment Program 14] Resolutions and Ordinances: *a] Res. No. 3258 - Agreeing To The Remittance Of Tax Increment Revenues Generated By The ISD 720 Tax Referendum From The City To ISD 720 *b] Res. No. 3260 - Designating Polling Places *c] Res. No. 3261 - Appointing Judges of Election *d] Res. No. 3262 - Authorizing Agreement With Chicago and Northwestern Transportation Co. For Valley Industrial Blvd. No. , Project 1990-8 e] Res. No. 3263 - Setting A Public Hearing On The Sidewalk Replacement Program , *f] Res. No. 3264 - Awarding Bid On Seal Coat, Project 1990-10-A *g] Res. No. 3265 - Awarding Bid On Overlay, Project 1990-1OB h] Res. No. 3266 - Setting A Public Hearing On Proposed Assessments For 3rd Avenue Reconstruction, Project 1989-5 i] Res. No. 3267 - Setting A Public Hearing On 5th Avenue Improvements, Project 1989-4 *j ] Res. No. 3268 - Awarding Bid On Valley Industrial Blvd. No. , Project 1990-8 k] Res. No. 3269 - Consenting To The Levy By The HRA 1] Res. No. 3270 - Setting the 1990/91 Tax Levy m] Res. No. 3271 - Canceling Certain Debt Service Levies 15] Other Business: a] Set a date for the next budget worksession b] c] d] e] 16] Adjourn to Thursday, August 9 , 1990 at 1: 30 P.M. Dennis R. Kraft City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting August 7, 1990 1. Roll Call at 7: 00 P.M. 2 . Approval of the July 3 , 1990 Meeting Minutes 3 . Evaluation of Pellham Hotel Lot 4 . Lots 8, 9 , 10 Block 7 - Appraisal Report 5. 1991 Tax Levy Resolution No. 90-1 6 . 1991 Budget Adoption Resolution No. 90-2 7 . Other Business a) b) 8 . Adjourn Dennis R. Kraft Executive Director 1 OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA JULY 3 , 1990 Chairwoman Vierling called the meeting to order at 7 : 05 P.M. with Comm. Zak, Wampach, and Sweeney present. Comm. Clay was absent. Also present were Mayor Laurent; Dennis R. Kraft, City Administrator; Barry Stock, Ass 't. City Administrator; Judith S . Cox, City Clerk; and Julius A. Coller II, City Attorney. Wampach/Zak moved to approve the minutes of June 5, 1990. Motion carried with Comm. Vierling abstaining because of absence from the meeting. Mr. Stock explained that three grant applications have been received for the first round of the Downtown Rehab Grant Program. They have been reviewed by the design review team. Both the design review team and the Shakopee Downtown Committee are recommending that the HRA approve the applications as submitted. The 25% match from the HRA will come to $3 , 550. Sweeney/Zak moved to authorize the appropriate HRA officials to execute a Rehab Grant Program Agreement by and between the Shakopee HRA and Wally Perry for a grant amount not to exceed $550. 00, said grant to be used for rehabilitation as outlined in the program guidelines. Motion carried unanimously. Zak/Sweeney moved to authorize the appropriate HRA officials to execute a Rehab Grant Program Agreement by and between the Shakopee HRA and Jerry Carlson for a grant amount not to exceed $500. 00, said grant to be used for rehabilitation as outlined in the program guidelines. Motion carried unanimously. Zak/Sweeney moved to authorize the appropriate HRA officials to execute a Rehab Grant Program Agreement by and between the Shakopee HRA and Gary Turtle for a grant amount not to exceed $2 , 500. 00, said grant to be used for rehabilitation as outlined in the program guidelines. Motion carried unanimously. Mr. Stock explained that the HRA had requested staff to complete an inventory of vacant properties owned by the HRA and by the City that could be sold. He explained that fee title is held for a number of small parcels and identified those parcels which he felt may be suitable for development. Discussion ensued on transferring all of the property to either the HRA or the City so that they would all be owned by one entity. The City Attorney explained that the City did not have a legal right to give property to the HRA, but that a fair market price would have to be paid. Sweeney/Wampach moved to direct staff to order an appraisal on Lots 8 , 9, and 10, Block 7 Original Plat of Shakopee. Motion carried unanimously. Proceedings of the July 3 , 1990 Housing & Redevelopment Authority Page -2- Sweeney/Zak directed the City Engineer to prepare a feasibility study to determine whether or not Outlot A, Eastview 1st Addition is a salable piece of property. Motion carried unanimously. Comm. Sweeney stated that it would be nice to get a list of all of the odds and ends parcels owned by the City or HRA so that they could be disposed of. Staff will work on a list as time permits. Mr. Stock stated that he had hoped to have the appraisal on the railroad depot for discussion tonight, but that he does not have it yet. He will have it for the next meeting. Sweeney/Wampach moved to adjourn at 7:27 P.M. Motion carried unanimously. Dennis R. Kraft Executive Director Judith S. Cox Recording Secretary �- 3 MEMO TO: Dennis R. Kraft, Executive Director, Shakopee HRA FROM: Barry A. Stock, Assistant City Administrator RE: Evaluation of Pelham Hotel Site DATE: June 31, 1990 INTRODUCTION: On June 5, 1990 the Shakopee HRA directed staff to complete an evaluation of the Pelham Hotel site. The desired use of the property will dictate whether or not it would be appropriate for the Shakopee HRA or the Shakopee City Council to pursue further analysis of the site. BACKGROUND: The Pelham Hotel site is located adjacent to the Lewis St. parking lot just north of 2nd Ave. The former site of the Pelham Hotel is comprised of two 60 ' x 142 ' lots. In 1988, the property was acquired by Mr. Gene Brown. Mr. Brown subsequently demolished the structure that occupied the site in question. I have been in contact with Mr. Brown to determine the approximate cost associated with acquiring the site. Mr. Brown has stated that he is presently asking $125, 000 for the property. Mr. Brown also stated that he would be receptive to a reasonable offer made by the City based on a certified appraiser' s analysis of the property. At the present time, there are no impending development plans for the property in question. The downtown property owners have always been concerned about the lack of parking in the downtown area. However, the City of Shakopee has never conducted a detailed analysis of the parking needs in the downtown area as compared to the present parking availability. Acquiring the property for parking purposes would require improvements on the site. Cost estimates for grading and installing a bituminous surface and concrete curbing range between $20, 000 and $30, 000. Depending upon the parking lot configuration, between 40 and 46 parking stalls could be accommodated on the property in question. The property in question is located within the B-3 zoning district. Permitted land uses in this area include retail and office development projects. The site does remain relatively attractive in terms of it ' s potential commercial/retail use. The site is conveniently located to an existing parking lot and has very little development costs associated with preparing the site for construction. Additionally, water and sewer services have been stubbed in at the curb to provide for the future development of the site. Acquiring the property for City purposes would remove it from the tax rolls. At the present time, the property is generating $2 , 427 . 12 in gross property taxes and is paying $1, 867 . 92 in special assessments. The HRA Reserve fund balance has approximately $165, 000 of undesignated funds remaining. If acquisition is pursued by the HRA, this would be the appropriate funding source. HRA acquisition would suggest redeveloping the site for commercial/retail, encouraging/luring developers via a possible land write down as an incentive to redevelopment. City Council acquisition would seem to indicate the desire to utilize the property for public purposes, e.g. parking lot. If Council desires to pursue this course of action, the Capitol Improvement fund could be utilized as the source of funding. If the Shakopee HRA feels that the property should be purchased for redevelopment purposes, it would be appropriate for the HRA to direct the appropriate City officials to obtain an appraisal of the property. The cost estimate for an appraisal of the property is between $300 and $500 . If the Shakopee HRA feels that the property should b e purchased for redevelopment purposes, it would be appropriate for the HRA to direct the appropriate City officials to obtain an appraisal of the property. The cost estimate for an appraisal of the property is between $500 and $750. If on the other hand, the Shakopee HRA and/or City Council feel the property should be acquired for parking purposes, it would be appropriate for the City Council to take this item up for consideration at their meeting and direct staff accordingly. ALTERNATIVES: 1. Direct the appropriate City officials to obtain an appraisal of the Pelham Hotel property. 2 . Take no action on this item. 3 . Refer the item to City Council for further consideration. 4 . Table action on this issue pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #2 ACTION REQUESTED: Take no action on this issue at this time. 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Stock, Assistant City Administrator RE: Appraisal Report - Lots 8-10, Block 7, OSP DATE: August 3 , 1990 INTRODUCTION: On June 5, 1990 the HRA directed the appropriate City officials to obtain an appraisal report for Lots 8 , 9 & 10, Block 7 Original Plat of Shakopee. The appraisal of the property has been completed. Staff would like to share the results of the appraisal with the HRA and discuss the possible sale of the property to a private party. BACKGROUND: The appraisal report for the property in question was completed by James Link Associates. In the appraisers opinion the highest and best use of the property is for commercial purposes. In completing the appraisal report, it became necessary to obtain a registered survey of the property to determine exact dimensions. The appraiser' s value of the property in question is $1 . 51 per sq. ft. When this memo was drafted the survey of the property was not complete. Therefore, I do not have the total land value at this time. I hope to have it by our meeting on Tuesday. The appraisal report did indicate the fact that at the present time there is no sewer and water services to the site in question. This is the main reasons why the value may appear low. At this time, there are several alternatives for the HRA to consider in regard to placing the property back on the tax roles. First, the HRA could simply advertise the sale of the property on a closed bid basis. The HRA could also place a minimum bid amount on the property. Second, the HRA could consider taking proposals from developers interested in developing the property. Due to the relatively small size of the parcel in question and the time factors involved in developing request for proposal specifications, staff would simply like to suggest that the appropriate HRA officials be authorized to advertise the property for sale and receive closed bids. If an acceptable bid is not received, the HRA could choose to reject all bids. ALTERNATIVES: 1 . Authorize the appropriate City officials to advertise the property for sale and receive closed bids. 2 . Authorize the appropriate HRA officials to advertise the property for sale and receive closed bids specifying a minimum acceptable bid. 3 . Authorize the appropriate HRA officials to develop a set of proposal specifications and receive requests for proposals on the subject property. 4 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REOUESTED: Move to authorize the appropriate HRA officials to advertise the sale of Lots 8 - 10, Block 7 , Original Plat of Shakopee and receive closed bids. 4i TO: Dennis Kraft, HRA Director FROM: Gregg Voxland, Finance Director RE: 1991 Tax Levy Resolution DATE: August 1, 1990 Introduction and Background Attached is Resolution Number 90-1 which requests the Shakopee City Council to consent to the tax levy for the HRA. The levy is the one third of a mill allowed which is estimated at $31,000. Action Offer Resolution Number 90-1, A resolution requesting the Shakopee City Council to consent to the levy of a special tax by the Housing and Redevelopment Authority in and for the City of Shakopee, and move its adoption. RESOLUTION NO. 90-1 A RESOLUTION REQUESTING THE SHAKOPEE CITY COUNCIL TO CONSENT TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 et. seq. , as amended, and WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority as a taxing district for the prupose of levying and collecting a special benefit tax, and WHEREAS, Section 462.545 states that the governing body of the municipality must give its consent to such a tax levy. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AND REDEVLOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA, that the Housing and Redevelopment Authority hereby requests the City Council of the City of Shakopee to consent to the special tax levy of $31,000 payable 1990 by the Housing and Redevlopment Authority in and for the City of Shakopee. Adopted in session of the Shakopee Housing and Redevelopment Authority of the City of Shakopee, Minnesota, held this day of , 1990. Chairman ATTEST: Executive Director Approved as to form this day of , 1990. City Attorney Co TO: Dennis Kraft, HRA Director FROM: Gregg Voxland, Finance Director RE: 1991 Budget Adoption Resolution DATE: August 1, 1990 Introduction and Background Attached is Resolution Number 90-2 which adopts the Shakopee HRA General Fund budget for 1991. The HRA should discuss and make changes as they deem necessary. Action Requested Offer Resolution Number 90-2, a resolution adopting a General Fund Budget for 1991 and move its adoption. RESOLUTION NO. 90-2 A RESOLUTION ADOPTING A GENERAL FUND BUDGET FOR 1991 WHEREAS, the By-Laws os the Housing and Redevelopment Authority in and for the City of Shakopee provides that a budget be prepared on an annual basis. NOW, THEREFORE, BE IT RESOLVED, that the attached General Fund Budget be approved for 1991 with total appropriations in the amount of $97,630. Adopted in session of the Housing and Redevelopment Authority in and for the Cith of Shakopee, Minnesota, held this day of , 1990. Chairman of the Housing Authority ATTEST: Executive Director Approved as to form this day of , 1990. City Attorney 9 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JULY 17, 1990 Mayor Laurent called the meeting to order at 7 : 00 p.m. in the Council Chambers at City Hall. Councilmembers present were: Joe Zak, Jerry Wampach, Gloria Vierling, Robert Sweeney and Steve Clay. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Julius A. Coller II, City Attorney; Dave Hutton, City Engineer; Lindberg Ekola, City Planner; and Judith S. Cox, City Clerk. The Mayor read the City' s Non-Discrimination Policy. The following items were added to the agenda. *14c. Gambling license for VFW 14d. Overhead electric lines for auto auction 14e. Adams Street 14f. New track and field land acquisition 14g. Letter from MnDOT *14h. Closing of Third Avenue for St. Marks Julifest 14i. Council representative to Southwest Drug Task Force Sweeney/Zak moved to approve the agenda. Motion carried unanimously. 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. Al Borgen, 1447 Tyrone Drive, Killarney Hills had a question on when work will be resumed on the roadway that was started three weeks ago. Dave Hutton replied that the contractor was delayed because of the wet weather and that work should be resumed this week. Vicki King, 1723 County Road 18 , said she feels the speed study on C.R. 18 was properly done but that the committee feels 55 mph is not the proper speed for that road. She said she feels the area should be patrolled more when the school season starts to avoid any tragic accidents . Clay/Vierling moved to amend the consent business to reflect Cncl . Clay abstaining from approval of July 3 , minutes . Motion carried unanimously. Sweeney/Vierling moved to approve the consent business. Motion carried unanimously. Sweeney/Vierling moved to approve the Minutes of June 26, 1990. (Motion approved under consent business). . Proceedings of the July 17 , 1990 Shakopee City Council Page -2- Sweeney/Vierling moved to approve the Minutes of July 3 , 1990. (Motion approved under consent business with Cncl. Clay abstaining) . Sweeney/Vierling offered Resolution No. 3254 A Resolution Authorizing the Refinancing of a Project Under the Minnesota Municipal Industrial Development Act and the Sale and Issuance of a Commercial Development Revenue Refunding Note, and Approving and Authorizing the Execution of Various Documents, and moved for its adoption. Motion carried unanimously. Sweeney/Vierling moved to table the letter from Jon Albinson, Valley Industrial Realty regarding park dedication fees on replats, at his request. Motion carried unanimously. Sweeney/Clay moved to receive and file the letter from the Association of Metropolitan Municipalities regarding a breakfast invitation meeting on July 24 , 1990 . Motion carried unanimously. Sweeney/Clay moved to remove from the table the 1st Avenue traffic problems. Motion carried unanimously. Dave Hutton said that two weeks ago the Council received a letter from the Shakopee Chamber of Commerce asking them to consider certain changes on 1st Avenue to improve the traffic flow. The changes they propose are no parking on north side of 1st avenue from Lewis to Holmes in order to create a right turn lane and also no left turns onto Holmes or Lewis from 4 : 00 p.m. to 6: 00 p.m. Shirley Garness, 1197 Van Buren, Shakopee Bakery, said she would like to see the bypass more stabilized before giving up any rights. No parking on 1st Avenue would hurt her business and she said she feels the City should get a commitment from MnDOT before considering any changes to 1st Avenue. Mr. Charlie Fonder asked who exactly would be helped by these changes. He did not feel that it would be to the best benefit of the citizens of Shakopee to eliminate any parking because there are so few spaces in the town as it is. Tom Rein, Tom' s Barber Shop, said by eliminating parking on 1st Avenue it would definitely hurt his business. Bruce Garness, 1197 Van Buren, said he feels 1st Avenue is not wide enough to put in a 2nd right turn lane. Cncl . Vierling asked if Staff could look into putting signs up directing traffic to parking areas in the City. Sweeney/Clay moved to accept recommendations proposed from Chamber of Commerce regarding no parking on north side of 1st Avenue and no left turns onto Holmes and Lewis from 1st Avenue between the hours of 4 : 00 p.m. and 6: 00 p.m. Motion failed unanimously. Proceedings of the July 17 , 1990 Shakopee City Council Page -3- Barry Stock reviewed the 1990/1991 Strategic Plan. Mayor Laurent asked for clarification on Goal No. 5, objectives No. 6 and 7 . Sweeney/Clay moved to adopt the 1990/1991 Strategic Planning Analysis with the suggested changes of adding the word "consider" at the beginning of objectives 6 and 7 of Goal No. 5. Motion carried unanimously. Clay/Vierling moved to approve the Chamber of Commerce Derby Days Committee' s use of Lion' s Park and City maintenance crews to assist in set-up and clean-up of the area before and after the event. Motion carried unanimously. Clay/Sweeney moved to approve the sale of goods on public property for Derby Days as approved by the Committee. Motion carried unanimously. Sweeney/Vierling moved to direct staff to enter into a contract with S.M. Hentges & Son for paving and curbing the library for the sum of $12 , 301. 50. (Motion approved under consent business) . The City Engineer reviewed the Tahpah Park Lighting Project. He said the total cost of the proposed change order is $6, 638 . 00 and of that amount the Jaycees and the Football Association have agreed to pay for everything except the $1, 000. 00 re-design cost and the $962 . 00 for removal of the concrete posts that have already been installed. He said he is proposing that the City pay the $962 . 00 for removal of the concrete posts but let payment of the $1, 000. 00 re-design cost be resolved between the Lighting Committee and the consultant. The second change order is to install a time clock and lock out switch which is being required by SPUC. The cost is $2 , 197 . 00 and would be funded by all organizations funding the project. Vierling/Sweeney moved to authorize City staff to execute Change Order No. 1 and No. 2 to A & B Electric for the Tahpah Park Lighting Project, excluding the $1, 000. 00 additional design fee for a total addition to the contract of $7, 835. 00 . Motion carried unanimously. Clay/Wampach moved to authorize staff pay $962 . 00 of this project out of the Park Reserve Fund. Motion carried unanimously. Clay/Sweeney moved to have staff draft a policy for service organizations to follow regarding improvements to City owned public property which would alleviate these type of problems for future projects. The policy should provide guidelines for these organizations to follow that would delineate staff involvement for future projects on public property. Motion carried unanimously. Sweeney/Vierling moved to remove from the table the motion to reconsider the drug and alcohol policy for discussion. (Motion approved under consent business) Proceedings of the July 17, 1990 Shakopee City Council Page -4- Sweeney/Vierling moved to table the motion to reconsider the drug and alcohol policy for discussion. (Motion approved under consent business) . Sweeney/Vierling offered Resolution No. 3256, A Resolution Approving the Preliminary Plans and Layout for the C.R. 18 Project from I-494 to the Proposed Shakopee Bypass, and moved its adoption. Brad Larson reviewed the preliminary plans for the 101 Shakopee Bypass all the way into Highway 494 . He said the existing Bloomington Ferry Bridge will become a walkway. Cncl . Wampach asked about the possibility of the bridge accommodating light rail transit in the future. Brad replied that the bridge will be wide enough to accommodate future light rail transit. Motion carried unanimously. The City Engineer reviewed the final plans and specs submitted by MnDOT for Phase I of the Shakopee Bypass. (This potion of the Bypass consists of the grading, surfacing and retaining wall and one bridge at the far east end of the Bypass) . He explained that City approval is needed before bids are opened. Vierling/Clay offered Resolution No. 3257, A Resolution Approving Plans and Specifications for the Shakopee Bypass, State Project No. 7005-51 (101-187) , and moved for its adoption. Sweeney/Vierling moved to amend the motion to add Phase 1A to the title of the Resolution. Motion carried unanimously. Motion carried on main motion as amended. Sweeney/Wampach moved to concur with the Planning Commission recommendation for the construction of the two overhead electric lines for the new North Star Auto Auction site located on Valley Industrial Blvd. North. Motion carried unanimously. Mayor Laurent called for 10 minute recess at 8 :45 p.m. Mayor Laurent reconvened to City Council at 8 : 55 p.m. Sweeney/Wampach moved to direct staff to prepare the appropriate resolution changing the polling place for the 5th precinct from the Christ Lutheran Church to the new youth building in Lions Park. Motion carried unanimously. Sweeney/Vierling moved to approve the application and grant a Temporary On-Sale Non-Intoxicating Malt Liquor License to the Shakopee Jaycees at Tahpah Park on July 22 , 1990. (Motion approved under consent business) . Sweeney/Vierling moved to approve the application and grant a Temporary On-Sale Non-Intoxicating Malt Liquor License to the Shakopee Jaycees at Lion' s Park on August 3 , 4 , and 5th, 1990. (Motion approved under consent business) . 7 Proceedings of the July 17 , 1990 Shakopee City Council Page -5- Sweeney/Clay moved to approve the modification of agreement for operation and management of Murphy's Landing dated July 17 , 1990. Motion carried unanimously. Sweeney/Clay moved to amend paragraph 3 of the modification agreement for Murphy' s Landing to read "The Board will continue to attempt to search for and retain the services of a qualified museum professional . . . . " Motion carried unanimously. The City Clerk reported that there are 7 openings on the newly created Park & Recreation Advisory Board and one each on the Planning Commission and Community Development Commission. Councilmembers votes for openings on Boards & Commissions are as follows: Park & Recreation Advisory Board: Vicki King - Zak Robert Larson - Clay, Sweeney, Vierling, Wampach, Zak Dolores Lebens - Laurent, Sweeney, Vierling, Wampach, Zak Steve Johnson - Clay, Laurent, Sweeney, Vierling, Wampach Bill Priess - Clay, Laurent, Sweeney, Vierling, Wampach Paulette Rislund - Clay, Laurent, Sweeney, Vierling, Wampach, Zak Pamela Sveinson - Clay, Zak Paul Ten Eyck - Clay, Laurent, Sweeney, Vierling, Wampach, Zak Robert Tomczik - Clay, Laurent, Sweeney, Vierling, Wampach, Zak Planning Commission: Vicki King - Zak Joan Lynch - Laurent, Sweeney, Vierling, Wampach Sandra McKenna - Clay Pamela Sveinson - Community Development Commission: Michael Beard - Clay, Laurent, Sweeney, Vierling, Wampach, Zak Sweeney/Vierling moved to table appointments to Boards and Commissions to later this evening. Motion carried unanimously. Vierling/Clay moved to approve the bills in the amount of $1, 013 , 564 . 16 . Motion carried unanimously. Sweeney/Vierling moved to remove the application from Kenneth D. Berg for an On-Sale Non-Intoxicating Malt Liquor License from the table. (Motion approved under consent business) . Sweeney/Vierling moved to table the application from Kenneth D. Berg for an On-Sale Non-Intoxicating Malt Liquor License at 222 East 1st Avenue. (Motion approved under consent business) . Sweeney/Vierling moved to authorize and direct the City Clerk to execute a "Request by A Government to Spend Gambling Funds" to the American Legion Post #2 for flags and poles for street display on holidays . (Motion approved under consent business) . Proceedings of the July 17 , 1990 Shakopee City Council Page -6- Sweeney/Vierling offered Resolution No. 3253 , A Resolution Amending the City of Shakopee Personnel Policy as Adopted by Resolution No. 1571, and moved for its adoption. (Motion approved under consent business) . Sweeney/Vierling moved to appoint Greg Voxland as Acting City Administrator for the time period between July 20 thru July 23 , 1990 . (Motion approved under consent business) . The Council set a meeting for Thursday, August 9 , at 1: 30 p.m. to interview finalists for the City Attorney position. Sweeney/Vierling moved to waive the 60 day review period for the V.F.W. Post 4046 for a gambling license at Turtles Bar & Grill, 132 East 1st Avenue. (Motion approved under consent business) . Discussion ensued on Adams Street Project No. 1990-3 . Dave Hutton reported that the Mayor and City Administrator have succeeded in acquiring the necessary easement from the Minnesota Corrections Department for the Adams Street improvements. Wampach/Vierling offered Resolution No. 3259, A Resolution Accepting Bid on Adams Street Between 6th Avenue and 3rd Avenue and 4th Avenue Between Adams Street and Harrison Street, Project No. 1990-3 and moved for its adoption. Motion carried unanimously. Wampach/Vierling moved to approve the contingency in the amount of 10% of the contract for use by the City Engineer in authorizing change orders on the 1990-3 project. Motion carried unanimously. Vierling/Wampach moved to reconsider Resolution No. 3252 , A Resolution Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain for Purposes of Constructing Adams Street, from 6th Avenue to 3rd Avenue Project No. 1990-3 . Motion carried unanimously. Wampach/Vierling offered Resolution No. 3252 , A Resolution Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain for Purposes of Constructing Adams Street, from 6th Avenue to 3rd Avenue Project No. 1990-3 . Motion failed unanimously. Cncl . Sweeney said he felt that it was important before Adams street is paved to stub in storm sewer, sanitary sewer and water at the 4th and 5th street locations on Adams Street. Clay/Vierling moved to direct staff to cease all work in preparing a feasibility report for the extension of 4th Avenue and 5th Avenue through the prison. Motion carried with Cncl . Sweeney and Wampach opposed. Sweeney/Vierling moved that the City Staff make the necessary adjustments to the contract to provide for necessary stubbing of sanitary sewer, water and storm sewer at the potential intersections of 5th and 4th on east side of Adams Street. Motion carried unanimously. 7 Proceedings of the July 17, 1990 Shakopee City Council Page -7- Sweeney/Wampach offered Resolution No. 3255, A Resolution Appointing Individuals to the Park & Recreation Advisory Board, Community Development, and Planning Commission, and moved its adoption. Motion carried unanimously. The following appointments were made: Paulette Rislund and Bill Preiss are appointed to three year terms to the Park and Recreation Board. ending January 31, 1993 . Paul Ten Eyck, Dolores Lebens, and Ronald Larson are appointed to a two year term to the Park and Recreation Advisory Board ending January 31, 1992 . Bob Tomczik, and Steve Johnson are appointed to a one year term to the Park and Recreation Advisory Board ending January 31, 1991. Joan Lynch is appointed to the Planning Commission to fill the unexpired term of R. Gene Foudray, ending January 31, 1991. Michael Beard is appointed to the Community Development Commission for a three year term ending January 31, 1993 . Sweeney/Vierling moved to remove Fiscal Disparities Option for Tax Increment Financing District 3 and 4 from the table. Motion carried unanimously. Rod Krass was present to discuss the options for collecting fiscal disparities for T. I . F. Districts 3 and 4 . (Option A provides that fiscal disparities is paid from the community as a whole; Option B provides that fiscal disparities is paid from the taxes generated from within the district. ) Consensus of the Council was to stay with Option A. Sweeney/Zak moved to adopt fiscal disparities Option B for T. I .F. Districts 3 and 4 . (Res. No. 3241 and 3243) . Motion fails with Cncl . Zak and Sweeney voting affirmative. Mayor Laurent said there is a group of people involved in trying to get a new track and field somewhere on school property. Consensus was to have staff get more information on this and bring it back to council . Cncl . Clay said depending on when the meetings were he may be interested in serving as a liaison between the City and the committee. Sweeney/Vierling moved to receive and file the letter received from MnDOT explaining the schedules for the various projects. Motion carried unanimously. Sweeney/Vierling moved to approve the closing of 3rd Avenue between Scott and Atwood for St. Mark' s Julifest. (Motion carried under consent business) . Cncl . Zak said he would attend the Southwest Drug Task Force meeting on July 18th as a representative of the Council . Proceedings of the July 17 , 1990 Shakopee City Council Page -8- Mayor Laurent recessed to an Executive Session at 10: 30 p.m. to discuss property acquisition. Sweeney/Wampach moved to re-convene. Motion carried unanimously. Sweeney/Zak moved to adjourn at 11: 06 p.m. Motion carried unanimously with Clay and Mayor Laurent opposed. a41-4J) (_/./ ith S. Cox City Clerk Carol Schultz Recording Secretary August 1, 1990 / O&__ 0.1 iE"C%T ., Mr. Dennis Kraft - J - ;\" City Administrator * Wi'.'"i'05.4.1 * 129 East First Avenue J11, _ ,� -=: Shakopee, Minnesota 55379 DETER.' " City of Dear Mr. Kraft: S aClll it I wish to extend to you a cordial invitation to attend the League of Minnesota Cities' regional meeting hosted by the City of Saint Peter on Peter Wednesday_, September 19, 1990. The afternoon program, beginning at 2:30 p.m. in the Saint Peter Community Center at 301 South Washington Avenue, will cover a variety of issues. The League will provide an update on underground storage issues Home of Gustavus and the small cities accounting system. Now that "Truth in Taxation" Adolphus College requirements have been extended to all cities, the League will briefly review County Seat of the rules associated with implementing this. Historic Nicollet County A presentation will also be given by the Smoke Free 2000 Coalition concerning youth and tobacco and cover such topics as where children really get cigarettes; the new law restricting cigarette vending machines; local legislative options preventing sales; and mobilizing community support. Office of Because the issue of tobacco and drugs go hand in hand, the League has City Clerk contacted the Office of Drug Policy concerning their initiatives with respect to drug prevention and awareness programs. They will share their proposed model program for local governments. I hope you will share this program with your Police Department, their participation in these discussions would be helpful. To complete the afternoon program, there will be a roundtable discussion focusing on community recycling and waste reduction programs. If your city has a program in place which you feel would be a good model for other cities to follow, I hope you will be willing to share your program with others attending the meeting. Following the afternoon program, Saint Peter will provide a complimentary reception and tour of its Public Works Facility at 405 West Saint Julien Street from 5:00 p.m. to 6:15 p.m. City transit buses will provide shuttle service. Municipal Building 227 South Front Street Saint Peter.Minnesota 56082-0270 (507)931-4840 EMERGENCY 931-1550 /0a League of Minnesota Cities August 1, 1990 Regional Meeting Page 2 Dinner will be served at 6:15 p.m. in the Trinity Lutheran social hall at 511 Fifth Street, only one-half block away from the Community Center. Following dinner, the League will preview its new video "Cities and the State: A Mixed Perspective". The video focuses on intergovernmental relations between state and local leaders. Legislators including Representative Paul Ogren, Senator Doug Johnson and Speaker Robert Vanasek, were asked about their attitudes toward cities. City officials who have witnessed the change in the state's perspective concerning the role cities play in governing Minnesota, were also asked to share their opinion on this important issue. The two viewpoints should be very interesting. As a follow-up to the video, the League will discuss its plans to enhance Minnesota cities' stature at the Legislature and what your city can do to assist the League's efforts. I hope you will contact your legislators and invite them to attend the regional meeting and join in the discussions. To make reservations for your City, please return the enclosed registration form as soon as possible. In case of cancellations, please notify City Clerk Dennis Coryell by September 15, 1990. Your City will be billed for those who did not attend and did not cancel their reservations by the aforementioned date. For those of you who golf, bring your clubs! We'll be teeing up at 9:00 a.m. at Shoreland Country Club, just a mile east of the City on Highway 21. I look forward to seeing you on September 19, 1990. Sincerely, CITY OF SAINT PETER Dennis Coryell City Clerk DC/bal Enclosure PLEASE CALL TONI 445-3650, IF YOU DESIRE TO GO AND SHE WILL MAKE RESERVATIONS FOR ALL WHO ARE GOING FROM SHAKOPEE. DRK / 0 a� - . eter,.. �� CrtYOF League of Minnesota Cities 1990 League of Minnesota Cities Regional Meeting Saint Peter Program Morning 9 : 00 Golf Outing (Optional) Afternoon Program 2 : 30 - 2 : 45 pm Update on Underground Storage Tanks 2 : 45 - 3 : 00 pm Follow-up on Small Cities Accounting System 3 : 00 - 3 : 15 pm Truth in Taxation requirements for all cities 3 : 15 - 4: 30 pm Youth & Tobacco -- Presentation by the Minnesota Smoke Free Coalition Community Drug Prevention and Awareness Programs -- Minnesota Office of Drug Policy 4: 30 - 5: 00 pm Roundtable Discussion Community Recycling and Waste Reduction -- Does your city have a program that works? Evening Program 5: 00 - 6: 15 pm Reception - Trinity Lutheran Church and/or 5: 00 - 6: 15 pm Reception (complimentary) and tour of Saint Peter Public Works facility --405 W. St. Julien 6: 15 - 7 : 15 pm Dinner 7 : 15 - 7 : 30 pm Host City Welcome 7: 30 - 7 :45 pm LMC President's Message -- Robert Benke, Mayor, New Brighton 7:45 - 8:00 pm Video -- "Cities and the State: A Mixed Perspective" 8:00 - 8: 15 pm Reflections on State/Local Relationships 8: 15 - 8:45 pm Discussion/General Questions 8:45 - 9: 00 pm Legislative Candidates I . ----7--7 -461-016. . _0 �' ''l �{NR[H6cm a P X.RE,MW' 6ai 1 Ea Public Works Saint Julien Street 41!) A. Illiar Central Adt, �ommunit Cent-r lr rei.cs. • p ds 1o* TrinityLutheran ., . 4-ti .• i3O' .. . ° 99 �� 0 ti c� �� 0 N. .. 4' 4 la a i o N / 0 mac . ti .z l 11 Shoreland Countr C , .,, 77, SEW di, Lake Emi 1c (ID r CONSENT ifOb MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: City Council Authorization to Sign Valley Park 10th Addition Resubdivision Plat Documents DATE: August 1, 1990 INTRODUCTION: The City of Shakopee is a fee owner of the Toro development (because I R bonds have been issues) which is located on Valley Industrial Boulevard South. The property is being included in a proposed resubdivision plat, Valley Park 10th Addition. All property owners within a given plat are required to sign applications for both the preliminary and final review by the City. BACKGROUND: Attached is a memo from Jon Albinson of Valley Industrial Realty which requests the City take the necessary steps to sign the required preliminary plat application. DISCUSSION: In addition to the required signatures of property owners for applications, all parties must also sign the final mylar plats. That authorization will be added to the resolution giving final approval of the plat. RECOMMENDATION: Staff recommends that the City Council authorize the appropriate City officials (Mayor, City Administrator, City Clerk) to sign applications for the resubdivision, Valley Park 10th Addition. ACTION REQUESTED: Authorize and direct the appropriate City officials to sign the preliminary plat application and the final plat application for the proposed plat of Valley Park 10th Addition. -: I ICS July 31, 1990 VALLEY INDUSTRIAL REALTY Ms. Judy Cox City Clerk City of Shakopee 129 East First Avenue Shakopee, MN 55379 RE: Preliminary Plat Application Valley Park 10th Addition Dear Judy: Enclosed is a copy of a preliminary plat application for the above-referenced. As you are aware, Canterbury Business Park Limited Partnership is in the process of platting land north of 12th Avenue and West of Valley Park Drive. Part of this land being platted includes the current Toro facility which we will be platting with additional land we are selling to Toro. Currently, the City of Shakopee is fee owner for the 10 acre parcel which encompasses the Toro development. The area, with the additional land (4 . 1 acres) contemplated being sold to Toro, will be platted as one lot for subdivision purposes, but will have the City maintaining its ownership on the 10 acre parcel while Toro will be taking fee title to the additional 4 . 1 acres. Inasmuch as the City is currently fee owner on this parcel, and the application requires all fee owners sign same, I am forwarding this application to you for your comment and action by City Council as may be necessary, to acquire the signature on the application. It is our intent to file this application by the August 13th deadline. We would therefore request that Council, if necessary, take action on this application for the signature requirement at their meeting on August 7th. We will seek the remaining signatures and submit the completed application exclusive of the City's signature by same. The City can then accept the application and sign. Thank you for your attention to this matter. If you have any questions, please call . Respectfully, Jon R. Albinson Broker/Manager Enclosure c.c. Dick Peterson Brian Brennan Ron Zamansky 1244 Canterbury Rd., P.O. Box 509, Shakopee, MN 55379 •Bus. 612-445-3242 For Office Use Only Date Filed: Hearing Date: Fee Amount: Receipt No. : CITY OF SHAKOPEE Application for PRELIMINARY PLAT APPROVAL BASIC INFORMATION: Proposed Plat Name : Valley Park 10th Addition Plat Location : North of 12th - South of Valley Industrial Blvd. So. and west of Valley Fark Drive Applicant/Developer : Jon R. Albinson Phone : 445-3242 d/b/a Valley Industrial Realty Address : 1244 Canterbury Road , P.O. Box 509 , Shakopee , MN 55379 Property Owner : See Attached Address : See Attached Consultant/ See Attached Land Surveyor : Phone : Attached Address : See Attached Existing Parcel Present Identification No. : 27- See Attached Zoning: 1-2 Property Deed Acreage : Restrictions : No Yes 0- If -so, attach . Existing Use of Property : Vacant land and industrial building Proposed Use of Property : Industrial Development Has the applicant previously sought to plat , rezone , obtain a variance or Conditional Use Permit on the subject parcel or any portion of it : No What was Yeses- When : varies Requested : Platting SUBMISSION REQUIREMENTS - BUT NOT LIMITED TO : A. Completed Application Form. B . Filing Fee : $245 + $5/lot or $145 + $3/acre (whichever is greater) . C . Complete Legal Description. D. Twenty (20) prints on 22" x 30" paper , of the proposed preliminary plat , scaled to 1" = 100 ' ; or 1" = 200 ' for Industrial Subdivisions . (OVER) _ Id el.." Property Owners City of Shakopee 129 E. First Avenue Shakopee, MN 55379 Valley Industrial Center 3 , a General Partnership North American Life and Casualty Company, a General Partner %Allianz Investment Corporation Allianz Financial Centre 2323 Bryan Street, Suite 1890 Dallas, Texas 75201 Canterbury Business Park Limited Partnership %Allianz Investment Corporation Allianz Financial Centre 2323 Bryan Street, Suite 1890 Dallas, Texas 75201 Consultants/Land Surveyor Dennis Saari William Engelhardt & Associates 1107 Hazeltine Boulevard Chaska, MN 55318 448-8838 Bob Peters Peters, Price, Samson Land Surveyors 12400 Princeton Avenue South Savage, MN 55378 890-9201 Parcel ID Number City of Shakopee (Toro) 27-9035233011 27-9045222012 Valley Industrial Center 3 27-903012-0 Outlot A, VP 7th 27-141003-0 Outlot B, VP 7th 27-141004-0 Tract B, RLS #134 27-148002-0 Tract C, RLS #134 27-148003-0 PROPERTY OWNER SIGNATURES City of Shakopee By: Date: Its: Valley Industrial Center 3 - A General Partnership By: North American Life and Casualty Company - a General Partner By: Date: Its: As: General Partner Canterbury Business Park Limited Partnership By: Canterbury Business Park, Inc. , a General Partner By: Date: Its: The Toro Company By: Date: Its: I I * JO c . illwater THE BIRTHPLACE OF MINNESOTA � July 30 , 1990 Dear City Official: I wish to extend to you a cordial invitation to attend the League of Minnesota Cities ' regional meeting hosted by the City of Stillwater on Wednesday, September 12, 1990 at Oak Glen Country Club, 1599 McKusick Road, Stillwater (map enclosed) . The afternoon program, beginning at 2: 30 p.m. , will cover a variety of issues. The League will provide an update on underground storage issues and the small cities and townships accounting system. Now that truth in taxation requirements have been extended to all cities, the League will briefly review the rules associated with implementing the truth in taxation law. A presentation will also be given by the Smoke Free 2000 Coalition concerning youth and tobacco and cover such topics as: where do children really get cigarettes; the new Minnesota law restricting cigarette vending machines; local legislative opinions to prevent sales; and mobilizing community support. Because the issue of tobacco and drugs go hand-in-hand, the League has contacted the Office of Drug Policy concerning their initiatives with respect to drug prevention and awareness programs. They will share their proposed model program for local governments. I hope you will share this program with your police department, their participation in these discussions would be helpful. To complete the afternoon program, there will be a roundtable discussion focusing on community recycling and waste reduction programs. If your City has a program in place which you feel would be a good model for other cities to follow, I hope you will be willing to share your program with others attending the meeting. Dinner will be served at 6: 15 p.m. Following dinner, the League will preview its new video "Cities and the State: A Mixed Perspective. " The video focuses on the state of intergovernmental relations between state and local leaders. Legislators such as Rep. Paul Ogren, Senator Doug Johnson and Speaker Robert Vanasek, just to name a few, were asked about their attitudes toward cities. City officials who have witnessed the change in the state' s perspective concerning the role cities play in governing Minnesota, were also asked to share their opinion on this important issue for this video. The merging of the two viewpoints should be very interesting. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 July 30 , 1990 Page Two As a followup to the video, the League will discuss its plans to enhance Minnesota cities ' stature at the Legislature and what your city can do to assist the League ' s efforts . I hope you will contact your legislators and invite them to attend the regional meeting and join in the discussions . A special golf outing at Oak Glen Golf Course (the site of the meeting) is also being arranged. The outing will take place prior to the meeting and a separate registration form is enclosed for anyone who may be interested. To make reservations for your city, please return the enclosed registration form as soon as possible. In case of cancellations , please notify Mary Lou Johnson, of cancellations by September 7 , 1990 . Your city will be billed for those who did not attend and did not cancel their reservations by the aforementioned date. I look forward to seeing you on September 12 , 1990 . Sincerely yours , 6cd Wallace L. Abrahamson Mayor City of Stillwater Enclosures WLA/smc _____ low 183 University Ave.East Y--,— St.Paul,MN 55101.2526 League of Minnesota Cities (612)227-5600(FAX:221-0986) 1990 League of Minnesota Cities Regional Meeting Program * Afternoon Program 2 : 30 - 2: 45 pm Update on Underground Storage Tanks 2 :45 - 3 : 00 pm Follow-up on Small Cities and Townships Accounting System 3 : 00 - 3 : 15 pm Truth in Taxation Requirements for all Cities 3 : 15 - 4 : 30 pm Youth & Tobacco -- Presentation by the Minnesota Smoke Free Coalition Community Drug Prevention and Awareness Programs -- Minnesota Office of Drug Policy 4 : 30 - 5: 00 pm Roundtable Discussion Community Recycling and Waste Reduction -- Does your city have a program that works? Evening Program 6: 15 - 7: 15 pm Dinner 7:15 - 7 :30 pm Host City Welcome 7:30 - 7 : 45 pm LMC President's Message -- Robert Benke, Mayor, New Brighton 7: 45 - 8 : 00 pm Video - "Cities and the State: A Mixed Perspective" 8 : 00 - 8 : 15 pm Reflections on State/Local Relationships 8 : 15 - 8 :45 pm Discussion/General Questions 8 : 45 - 9 : 00 pm Legislative Candidates *See enclosed Notice/Registration form for golf outing REGISTRATION FORM 1990 League of Minnesota Cities Regional Meeting at Stillwater, Minnesota September 12, 1990 We will have city officials attending the Regional Meeting in Stillwater and we agree to pay for these meals unless the Host city is notified of any changes by September 7, 1990. Names/Titles of Persons attending: Person making reservation: City: Phone: ( Please indicate choice of Entree: ($14.00 each, includes tax & gratuity) Broiled Sirloin Steak w/Sauteed Mushrooms Baked Cod w/Herb Style Sauce Chicken Breast Supreme w/Seasoned Rice Number of attendees x (514.00) _ Please make checks payable to City of Stillwater and return with registration form to: Mary Lou Johnson, City Clerk City of Stillwater 216 North Fourth Street Stillwater, Mn. 55082 PLEASE RETURN REGISTRATION FORM BY AUGUST 31, 1990 GOLF OUTING AT OAK GLEN COUNTRY CLUB IN ASSOCIATION WITH THE LEAGUE OF MINNESOTA CITIES REGIONAL CONFERENCE HOSTED BY THE CITY OF STILLWATER SEPTEMBER 12, 1950 PLEASE JOIN SOME OF YOUR FELLOW CITY OFFICIALS IN A ROUND OF GOLF ( NINE HOLES ACTUALLY) PRIOR TO THE LMC MEETING AT OAK GLEN COUNTRY CLUB. OAK GLEN IS LESS THAN 10 YEARS OLD BUT IS REGARDED AS ONE OF THE FINEST GOLF COURSES IN THE METRO AREA. THE COST IS $10 (GREEN FEES ONLY) . YOU MAY REGISTER INDIVIDUALLY OR AS A FOURSOME. GROUPS OF TWO OR THREE MAY ALSO SIGN UP TOGETHER AND THEY WILL BE ASSIGNED OTHER PLAYERS TO MAKE UP A FOURSOME. DOOR PRIZES WILL BE AVAILABLE SO PLEASE JOIN US BY SIGNING UP AND RETURNING THE REGISTRATION FORM BY AUGUST 24, 1990. STILLWATER GOLF OUTING REGISTRATION SEPTEMBER 12, 1990 11 :00 A.M. NOTE: TEE TIME' S WILL START AT 10:30 A.M. GOLFERS SHOULD ARRIVE AT THE COURSE NO LATER THAN 10:15 A. M. A SHOTGUN START WILL NOT BE USED. HOWEVER, ALL GOLFERS SHOULD BE ABLE TO COMPLETE THEIR ROUND BY AT LEAST 1 :30 P. M. AND BE ABLE TO ATTEND THE LMC MEETING ON TIME. NAME CITY PH NAME CITY PH NAME CITY PH NAME CITY PH MAKE CHECK' S PAYABLE TO CITY OF STILLWATER ($10.00 PER GOLFER). CALL NILE KRIESEL, STILLWATER CITY COORDINATOR AT ac612/439-6121 FOR ANY QUESTIONS REGARDING THE GOLF OUTING. • • I ' �j. I HWY. 96 • C'•.• • )Qak1er[, ZF / it • V is 1• - _.. . . . _ McKUSICie j,=, ��.i• • 35E :ii LAKE uo \ \ - ,,. 0. 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The benefit schedule is for the three year period and therefore is not an open ended arrangement. Council and the Ass'n will probably be addressing this issue again in three years. 2. The benefit schedule sets a defined benefit for the time period covered and therefore eliminates some of the concerns covered in my memo dated August 3rd. 3. Benefit level. Current 1990 benefit $1,385.66 1991 benefit $1,484.73 under current bylaws Proposed 1990 average $2,127.93 — 53.6% increase over current benefit 1991 proposed $2,500.00 = 17.5% increase over 1990 average 1992 proposed $2,750.00 — 10.0% increase over 1991 proposed 1993 proposed $3,000.00 = 9.1% increase over 1992 proposed Other Information 1991 at $2,200.00 = 3.4% increase over 1990 average 1991 at $2,300.00 = 8.1% increase over 1990 average 1992 at $2,400.00 = 4.3% increase over $2,300.00 1993 at $2,500.00 = 4.2% increase over $2,400.00 Note; Shakopee is significantly behind the average for pension benefit but somewhat ahead of the average for hourly pay. Tax impact estimate The proposed tax levy for 1990/91 based upon the certification forms due August 1, 1990 is $5,000.00. Assuming that the levy for 1990/91 remains the same, the tax levy for the Ass'n proposal would be on the order of $59,000.00 for 1991/92. Again assuming that the levy for 1990/91 remains at $5,000, the benefit level of $2,400.00 for 1992 would result in a levy of about $37,000.00 for 1991/92. / 3 a. Action Requested 1. Move to designate (City Clerk or Finance Director) as the Ex officio trustee of the Fire Relief Association, with the Association's agreement. 2. Discuss benefit levels with the Association and after agreement is reached, request that the Association bring back revised bylaws for Council approval showing designated Ex officio trustee, revised meeting notice requirements and the agreed on benefit schedule. I 342-• ATTACHMENT A The Shakopee Fire Dept Relief Association pension benefit per year of service be increased to $2,500.00/per yr. for 1991 . The Shakopee Fire Dept. Relief Association pension benefit per year of service be increased to $2, 750.00/per yr . for 1992. The Shakopee Fire Dept. Relief Association pension benefit per year of service be increased to $3,000.00/per yr . for 1993. When the benefit reached $3,000 .00 any increase over $3,000 .00 shall be funded only by Special fund surpluses. FORMULA DEFINITIONS At December 31 of each year the credited service shall be equal to : from 0 to 6 months =o years; from 6 months to 1-1/2 years = 1 year ; from 1 year 6 mos. to 2 years 6 mos. = 2 years; from 2 years 6 mos. to 3 years 6 mos. = 3 years; etc . through 30 years of service. 14 BRING BYLAWS FROM JULY 3RD COUNCIL MEETING ! I— ) 0. • TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Fire Relief Association Bylaws DATE: August 3, 1990 Introduction Council has requested staff to provide more information relative to Fire Department benefits. Background The Shakopee Fire Department Relief Association has to obtain Council approval of changes to their bylaws only when the amount of money that the City contributes is affected (i.e. pension benefit increase requiring City funding) . The Relief Association pays a lump sum pension on or after retirement instead of a monthly pension for the remainder of the retiree's life. For those retirees who do not draw their pension immediately, the increase in pension amount is only due to interest compounding, not to subsequent pension benefit increases. I wish to direct Council's attention to four areas concerning the proposed revisions to the Fire Relief Association's Bylaws. 1. Ex officio trustee. State law provides that one of the three ex officio trustee shall be the City Clerk or Treasurer or Finance Officer. Because of the duties, responsibility and liability associated with the position, neither Judy Cox or myself are asking for the position, but will accept it upon Council designation. We are suggesting that City Council designate which position will be the ex officio trustee and also assuming that the Relief Association concurs with the designation. See attached memo (A) from Judy Cox. 2. Meeting notice. Article IV, Section 4 d (page 5) and Article VII, Section 2 provide for one day notice of meetings. The City Clerk has advised me that state law provides for four days mailed notice or 72 hours personal service notice. 3. Vesting. The proposed revision changes vesting requirements from 15 years to 8 years. The attached excerpt from the Stanton survey (B-1) shows over half of those cities listed having 10 year vesting and two with 5 years. There is a trend to shorter vesting requirements. Pera vesting requirements have been shortened to three years. The Fire Relief Ass'n has reported that two years ago the state relief organization recommended five year vesting. 4. Benefits. See attached copies of pages from the Stanton report (B) for wages and benefits, also see attachment D. It appears that Shakopee is above the average for hourly wages but below the average in pension benefits. The cities listed out of the Stanton report are the ones shown for a lump sum benefit. Also shown are the reported wages and city contributions to the relief association. If the contribution field is blank for a given city, my call for that information has not been returned. 3cv I am not an attorney, but after reading MSA 69.772, it appears to me that in order to meet state requirements, any certification by the association for a city contribution would have to be the result of the fund being in a deficit position in order for the city to claim the contribution as a special levy. Otherwise, the contribution would have to come out of the city's limited levy. The city may contribute more than the minimum required. If the city fails to levy for the minimum or make that contribution, the association can make its own levy for that amount. Deficits are amortized over ten years (surplus also) according to state law. Typically they are retired in less than ten years due to increasing state fire aid and increased interest earnings. According to the schedules submitted by the association last month (attached - C) , the benefit would be $1,484.73 per year of service based upon "splitting the pie" of existing assets and not creating a deficit. The city would contribute $5 ,000 based on the bylaws. If the benefit was set at $1,736.53, and working forward through the schedules as I believe the statutes provide, a new deficit of $ would be created and the resulting levy required of the city for the first year would be $5,000. If personnel stayed the same, the second year levy would be $5,097 before reduction for increased interest earnings which could possibly be in the $12,000 range, resulting in no city levy requirement. The Stanton average for group five cities listed for lump sum benefits is $2,127.93. Setting the benefit at that level would result in a levy of $28,372 for next year and $37,073 for the second year before reduction for increased interest earnings. The Fire Department budget request for 1991 has $10,000 for pensions. The First draft of the tax levy resolution has $5,000 shown for fire pension as per the Relief Ass,n certification. Options for discussion with Association 1. Stay with current formula - just increase the city contribution amount (proposal submitted previously) . This option appears to me to not follow state law in a manner that would enable the city to use its special levy authority and therefore is not recommended. 2. Set the benefit at amount tied to an index (i.e. Stanton average) . The benefit amount would probably go up each year as the average goes up. A new deficit to be amortized would probably be created each year and City contribution could go up each year or possibly stay about the same depending on how the benefit increase compares to the increased interest earnings. Council may not want to be locked in to a open ended arrangement and therefore may want to cap either the benefit or the period covered (3 years?) at which point the issue would have to be reviewed. 3. Set the benefit at an amount without indexing. The benefit could be set at one amount for one to three years or an amount could be set for each of the three years. Again, the issue would have to be reviewed at the end of the time frame. 4. Phasing in an increased benefit. Council may want to discuss the impact of increasing the benefit in one year up to an amount (Stanton average) or achieving that amount over two or three years. )3 Timing The Relief Ass'n is required to certify its requirement for city levy by August 1. The Council is require to file a proposed tax levy September 1. Timing options are: 1. Go with the requirement already submitted by the Ass'n and levy $5,000 for 1990/91 and increase the levy for 1991/92 for any increased benefit. 2. If an agreement can be reached on the benefit level before Council has to file its proposed tax levy, Council could accept a replacement levy certification from the Ass'n and I don't think the state will question the form being dated after August 1 if it is still an August date. A 13 4-- MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk>' / RE: Shakopee Fire Department Relief Association DATE: July 20, 1990 INTRODUCTION: Mn. State Statute 424A. 04 states that the clerk, clerk- treasurer or finance director is an ex officio trustee of the volunteer relief association board of trustees. Since the City of Shakopee has more than one employee holding these titles, it is appropriate that the Council designate the appropriate employee to serve on the Shakopee Fire Department Relief Association. BACKGROUND: It has recently come to our attention that the mayor and the clerk, clerk treasurer or finance director do serve as two of the nine trustees of the Shakopee Fire Department Relief Association Board of Trustees. The Shakopee Fire Department Relief Association has recently reorganized, clarified and updated their by-laws and have submitted them to Council for approval. Article IV, subd. c states that the Board shall prepare modes and plans for the safe and profitable investments of the unappropriated funds of the association, and whenever loans or investments are made, to investigate and pass upon the securities offered and to attend to the drawing and execution of the necessary papers. Article IV, subd. e states that the Board shall have exclusive control of investments for the Association funds, in conformance with State Statutes. Article II, Section 2 states that the Board of Trustees shall be composed six members plus three statutory ex officio trustees: the Chief of the Shakopee Fire Department, the Mayor and the City Clerk of the City of Shakopee. It is my recommendation that Council consider amending the By- laws before approving them by substituting the City Clerk with the Finance Director as an ex officio member of the Board of Trustees. I make this recommendation because I believe that the Finance Director is better qualified to serve in this capacity based on the duties and responsibilities of the Board of Trustees as outlined in Article IV of the By-laws. (Keep in mind that responsibilities and titles vary from city to city. I believe that this is why the state law includes all three titles when it states that one of the three ex officio members shall be the clerk, clerk-treasurer or finance director. ) I have discussed this substitution with Mr. Pass, President of the Relief Association, and he had no objections. afk •6 -/Alb 13°'' VOLUNTEER FIREFIGHTER PENSION se U— CITY VESTING FULL BENEFIT• III Group Five • Jib Bloomington 20 yrs' svc 1/3 of highest paid Poi Off Brooklyn Park Full: 20 vrs' svc City and employee contributions(Defined contribution) (with Partial: 10 yrs' svc map Edina Full: 20 yrs' svc 5450/mo Partial: 10 yrs' svc UilP Coon Rapids 50 yrs of age 52.600 for each yr of active svc _- Minnetonka Full: 20 yrs' svc 20 yrs = S520/mo Partial: 10 yrs' svc 10 yrs = $130/mo alt! Eagan Full: 20 yrs' svc 5300•S450/mo for life or lump sum based out 52.250/yr of svc to max of 567.500 Partial: 10 yrs' svc U— Plymouth Full: 20 yrs' svc To a max of 5720/mo for life or to a max of a 590.000 lump suer based on Partial: 10 yrs' svc 53,000/yr of svc .i Blaine 20 yrs' svc $141 mo per yr of svc to a max of 30 yrs U— Maple Grove Full: 20 yrs' svc. Age 50 52.400 per yr of svc. paid as lump sum at retirement Partial: 5 yrs' svc w' Brooklyn Center 10 yrs' svc. Age 50 To a max of 5675/mo(30 yrs' svc) or to a max lump sum based on 56% of base 0411111 - pension s yrs of svc Fridley 20 yrs' svc,Age 50 $240/mo W! Apple Valley Full: 20 yrs' svc S1 1/mo per yrs of svc Partial: 10 yrs' svc ..eii Anoka Full: 50 yrs of age or S3.370 for each yr of we: paid out in lump sum 20 yrs of svc Ia.. Partial: 10 yrs' svc ttraIPP Crystal 20 yrs' svc S15/tum a yrs' of svc or SI.500/yr lump sum .! New Brighton 10 yrs' svc S16/yr of svc after 20 yrs White Bear Lake Full: 20 yrs' svc 5425/mo pia Partial: 10 yrs' we New Hope FuU: 20 yrs' svc S17/mo for each yr of we to a max of 5340/mo 01111, Golden Valley Full: 20 yrs' we. Age 50 Lump sum based on 52.700 for each yr of svc -- Partial: 1.0 yrs' we Inver Grove Heights 20 yrs' svc, 10 yrs Lump sum based on 51.300 for each yr of we U- membership in Assoc.. and Age 50 tr/dikl Columbia Heights Full: 20 yrs' we. Age 50 SI6/nro per yrs of we: where optional. 52.300 for each yr of svc. paid Partial: 10 yrs' we out in lump sum 0� North St. Paul Full: 20 yrs' svc S1.200 per yr of we . Partial: 15 yrs' we -lir Roseville 20 yrs' svc. Age 50 515/mo for each yr of we. or lump sum based on 51.500/yr we 04.1 Wotxlhury Full: 20 vrs' svc. Ale 50 $1.500 per yr of sve to a max of 20 yrs. Partial: 10 yrs' sve mall Hopkins Full: 20 yrs' svc S2.500 per year of we .odra Partial: 5 yrs' we a41II * Benefit for maximum vesting - a percentage of benefit is usually paid for partial vesting Ali .4110 BAP 235 di 3 - IA VOLUNTEER FIREFIGHTER PENSION j 3 a W (Continued) Ili CITY VESTING FULL.BENEFIT• IIIFF- Group Five- continued SP Robbinsdale Full: 20 yrs' we. Ace SO $37.500 lump sum Partial: 10 yrs' svc CI Cottage Grove Full: 20 yrs' svc SI,300/yr of svc to a max of S39.000. Partial: 10 yrs' svc Lakeville (Information not provided) $2,750 per yr of svc fie Stillwater Full: 20 crs' svc Lump sum based on SI.800/yr we or in 3 yr installments at retirement Partial: 10 ars' we Shakopee Full: 20 ars' we SI.237.68/yr svc Partial: IS yrs' svc Eden Prairie Full: 20 yrs' we 5450/mo fir Partial: 10 yrs' we Hastings Full: 20 yrs' we. Ace 50 Defined benefit of$2.100/yr of we OP Partial: 10 yrs' we E Andover Full: 20 yrs' svc Split per State statute:full funded Partial: 10 yrs' we Prior Lake Full: 20 yrs' svc. Age 50 $1.650 for each yr of svc Parial: 10/yrs' we Chanhassen 20 yrs' we. 10 yrs $9/mo for each yr of svc to a max of 5270/mo or lump sum to a max of membership in Assoc. 540.500 based on $1,350 for each yr of we GP Chaska Full: 20 yrs' we 5180/mo after 20 yrs- prorated for 15-20 yrs Partial: 15 yrs' svc illir Group Six Mound 20 yrs' svc $350/mo starting at age 50 fr Mendota Heights Full: 20 yrs' svc Defined contribution plan - varies Partial: 10 yrs' svc ir Rosemount 10 yrs' we $1.250/yr of we Ilr East Bethel Full: 20 yrs' we. Ace 50 Lump sum based on $1,200/yr svc (5% interest after 20 yrs until age Partial: 10 yrs' svc 50). Lake Elmo 10 yrs' we Lump sum based on $750/yr of svc Jordan 10 yrs' we $575/yr for each yr of svc Illr Watertown 20 yrs' we Lump sum based on $700/yr of svc dr Wayzata 20 yrs' sve. Age 50 Lump stun based on SI.000/yr of svc dr Dayton (Information not provided) $600/yr svc St. Paul Park Full: 20 ars. Age 50 Lump sum based on $1.300/yr of svc Partial: 10 yrs' we Farmington 10 yrs' sve. Age 50 Lump sum based on $900/yr sve fir Hum Lake Full: 20 yrs' svc. 19 ars Lump sum based on 51.400/yr we membership in Assoc. Partial: 10 ars' svc ifel Victoria 10 yrs' we 5500/yrs' we lir ir * Benefit liar maximum vesting - a percentage of benefit is usually paid for partial vesting C, 236 Ir Er 4110 A -2.- 41111111 /36. 410 4111 O i 7 i z 7. . L O- 8FN .88 n w 88 Y Na1BO ; PO g881;8:R88.118 pO OOO - Si7x a, a —D ryxxi4 .COC •VlV. - a •Cx Xrx = i%rior n t1- Tt•rZ =r- » > > -- >— > L = O t c1 - C. 43 a — '" S= 488 :v :_ 88x27,82 , LI.g8888.= 8888.=8 88888 .4g8 - .. rl r- _.O•O p ;� rl sC ei N N T 7 R sO r- X L . 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O G O co UC - 7. soap r1X _ •/.1` % XC f• r ^ r` /, 1' Ti . if »» .,,, ...4, wo»v ' » n'nitilV 'n»nn _ ._'n OA 0 E'..' ^ ^ - 4to 41 J :- p 7• N —00 v,p r`NNNOpprr000 -ONOO �'-o T4 TO 0 f +,�^.1�•r. y am _ > CZ T'!'rl rI - t Nort`rP CYYNINT C O a a - :.,_ =• F• t e i.,3 J J, J .. _ i - - - _ O _ = _ _ _ _ _ v _ _ • cNAM i 0 Z T t�mmmV ma LL7xO��ltl4rntiUZiZ(i= v % =�Zy zZ n6 Vi- � 4v' olia. .! 89 Cr f SCHEDULES I-II-III FOR LLFP SUN PENSION PLANS 4/ STATE FIRE AIP FEAR 1989 Firefighters Relief Association of the Shaknpee Fire neparrment County of Scott SCHEDULE I Computation of benefit of relief association special fund (at $1484•73 per year of service) for all members based on their years of service as active fire department members.- 1 mbers.1 2 3 4 1990 5 6 1991 7 F.D. To End of This Year To End of Next Year Entry Years Active Accrued Years Active Accrued Name Age Date Service Liability Service Liability 1. Brpeggemann Geo. 48 10-1966 24 35633.52 25 37118.25 2• Rips Franris 45 01-1968 23 341.48 79 24 35613 52 3. Ries Joseph , 39 , 07-1972 19 , 27378,42 20 29694.60 4. Ries Charles 40 _51.6-1973 18 25210. 72 19 27378.42 5. Pass Eugene 42 09-1973 17 23161 79 18 2571( 77 6. Honermann Joseph_ 39 03-1977 14 17579`20 15 19360.88 7. Latzko Robert 38 07-1978 13 15886.61 14 17579.20 8. Theisen Michael 35 07-1978 13 15886.61 14 17579.20 9. Rvan Michael 39 08-197812 14283.10 13 15886.61 10. Huge Mark -31- 03-1979 12 ,____142_11-a.-__13 15886,61 11. Myers Mark 40 07-1979 12 14283.10 13 15886.61 12. Link Terrance 29 02-1980 11 12738.98 12 14283.10 13. Siedow Edward 37 02-1981 10 11283.95 11 12738.98 . 14. Athman Marvin 39 04-1981 10 11283.95 11 12738.98 15. Dircks Michael 34 10-1981 9 9888.30 10 11283.95 16. Berg Kenneth 28 01-1982 9 9888.30 LO 11283.95 _ 17. Judd David 31 08-1982 8 8552.04 9 9888.30 18. Weckman Randall 32 09-1982 8 8552.04 9 9888 30 19. Lureen Wallace _29 12-1982 8 8552,04 9 9888.30 20. Benz Brian 30 07-1983 _ 8 8552.04 9 9888.30 21. Glynn Martin 28 09-1983 7 7304.87 8 552.04 22. Baden Lino 27 03-1984 7 7304.87 8 6552.04 23. Pass Kenneth 27 04-1984 7 7304.87 8 8552.o4 24. Geis Allen 27 05-1984 7 7304.87 8 8552,04 25. Schwartz Todd 34 10-1984 6 6087.39 7 7304.87 26. Snell Robert 32 ' 12-1984 6 6087,39 7 7304.87 27. McCulLaueh_ Robin_ _28 01-1285 6 6087.39 7 7304.87 28. PitschDeider T. 26 08-1985 5 4959.00 6 _ 6987.39 29. Theis Val 30 , 12-1985 5 4959.00 6 6087.39 30. Coleman Wichard 29 03-1987 4 _ 3860.30 5 4959.00 131. Stang Terrance 25 03-1987 4 3860.30 . 5 4959.00 32. Tiiei:s Scott 27 08-1988 2 1841,07 3 2820.99 33. Pauly Dan 23 12-1989 1 890,84 2 1841.07 34. Leadstrom Dan 22 12-1989 1 890.84 2 1841.07 35. Ruff Keith 05-1990 1 890.84 2 1841.07 36. 37. 38. 39. 40. Total of Deferred Pensions, If Any 12664 Oh 14297 26 Total of Unoald installments, If Any Total of Early Vested Pensions, If Any A. Accrued Liability Thru Next Year 1989 (total, column 7) 479953. 79 79953. 79 B. Accrued Liabitity Thru This Year 1988 (total, column 5) [429189,101 11 111111 C. Subtract Line B from line A (normal cost; enter here and on Line 6 Schedule III) 50 764.29 Fractional years of service must be calculated to nearest full year. For installment liability, enter amount which will be payable after end of this year to both column 5 and i. If interest is to be paid on unpaid pensions, add interest for 1 year in column 7. A copy of these schedules must be presented to the City Council before August 1 each year. SCHEDULE II Projection of Relief Association special fund assets to end of this year, (December 31,1990) Assets at January 1, 1990 (this year) 1. $361 .952 . 07 Anticipated income to end of this year a) Minnesota State Aid $ 40.000 b) Receipts from local taxes 55 n n c) Interest on investments 25 ,40 0 d) Other income 0 Total of lines a-b-c-d 2. $ 70 ,400 Beginning assets plus estimated income for this year (L1 + L2) 3. $ 432352 . 07 Estimated disbursements through end of this year e) Pensions $ 0 f) Other benefits 0 gMSFif any h) AdmDinistrativeor VFBAA dues and�overhead L 2380 Total of Lines e-f-g-h 4. $ 3025 Projected assets at end of this year 12/31/ (L3-L4) 5. $ 4 2932 7 . 07 Calculation of average special fund income per member (other than interest or investment income) State Aid Municipal Support 10% of surplus (if any) Last year 39122 5000 0 2 years ago 39056 Son() n 3 years ago 35784 soon + n 12519.6,2Totals 113962 + 19000 128962 42987 35 . 6. $ 1228 Total 3 year income $ + 3 $ + (no. of members) CERTIFICATION OF SPECIAL FUND REQUIREMENTS This information must be certified to the governing body of the municipality or indepen- dent nonprofit firefighting corporation by August 1, 1989. We, the officers of the Shakopee Fire Dept, Firefighters Relief Association, state that the accompanying schedules have been prepared in accordance with the provisions of the Volunteer Firefighters Relief Association Guidelines Act of 1971 (including M.S. 69.772) and that the schedules are correct and complete to the best of our knowledge. The financial requirements of the relief associations Special Fund for 1990 are $ 5000 as per the t� 'ieclio epe i rno mugeipwLep oAi srwitryten Bylaws . The average non-investment income per member of said special fund for the past 3 years was $ 1228 • ,/ 'J . 7/a- //9 f& 1/ /.% bate 7/e) bilf()ofir•-f.:4461/7". . i T�oP � Date , ary //9 gnature �� gnature • r asurer Date G SCHEDULE III /3 Computation of Financial Requirements for Next Year - 199-1 Column A Column 8 Column C • 1. Assets from.Line 5, Schedule II $ 429327 2. Accrued liability to end of this year (from Line B, Schedule I) 429189 3. a) If Line 2 is more than Line 1, subtract Line 1 from Line 2. Deficit b) If Line 1 is more than Line 2, subtract Line 2 from Line 1. Surplus 138 If surplus exists, enter 1O% of surplus amount In Column C and go to Line 6. 13 _ 8 Amortization of deficit (or deficits) incurred prior to end of last year (see note). Column 1 Column 2 Column 3 Year Original Amount Retired Amount Left Incurred Deficit Amount in Prior Years to Retire 19 - - 19_ - 19 - - 4. Totals x 1O% 0 5. Subtract Column 3 total from Line 3(a). (If Column 3 is equal to or greater than Line 3(a), no new deficit exists.) If Column 3 is less than Line 3(a), difference is new deficit. Enter 0 Enter 1O% of this new deficit In Column B 0 6. Increase (from Line c, Schedule I) 50764 7. Anticipated expenses Next Year, (other than pensions, or investments)19 9 lestimates - - - - 2800 8. Anticipated income Next Year 1 9 9 bstlmates a) Minnesota State Aid 42 ,000 b) 5% interest on amount of Line 1 above 21 ,466 c) Other income (do not include local taxes or investment income) 0 Total 8 a+b+c 63 ,466 9. Total, Column 8 53564 10. Total, Column C 63 ,479 11. If Line 9 is more than Line 10, the difference is the amount of municipal support required. Certify this amount to city council before August 1 (bottom part of Schedule II - Special Fund Requirements) 0 12. If Line 10 is more than Line 9, no municipal support is required. Certify that fact to council before August 1. Council is permitted to provide funds in excess of requirement. Note: Deficits are generally retired in less than 10 years, because of increase to state aid, turnover gain and earned interest greater than 5%. If desired, the amount in Column 2 may be increased so that the total of Column 3 is equal to Line 3(a). If more than one deficit is being amortized (the law requires each deficit to be retired separately), adjust Column 2 for the oldest deficit first. When Column 2 equals Column 1 for any deficit, that deficit has been retired and may be removed from the amortization schedule. Whenever a New Deficit appears in Line 5, the original amount of such deficit must be added to the amortization schedule the following year. 6 /3 City of Shakopee Fire Department Benefits 02-Aug-90 1990 Stanton Data Exerpts Hourly City City Wage Pension Vesting Contributi Group 5 Coon Rapids 8.00 2,600.00 Age 50 0 Eagan 6.00 2,250.00 Part 10yr 45,890 Plymouth 7.00 3,000.00 Part 10yr 0 Maple Grove 7.77 2,400.00 Part Syr 21,000 Anoka 7, 8.00 3,370.00 Part 10yr Crystal 7.25 1,500.00 20 Yr 9,876 W Golden Valley 8.00 2,700.00 Part 10yr Inver Grove Heights 1,800.00 20 Yr 0 k N. St. Paul 6.00 1,200.00? Part 15yr 7,000 Roseville 5.55 1,500.00 20 Yr 8,000 Woodbury 6.00 1,900.00 Part 10yr 44,084 R Robbinsdale 7.00 1,875.00 Part 10yr Cottage Grove 6.00 1,300.00 Part 10yr 0 Lakeville 0.00 2,750.00 N/A 83,977 Columbia Heights 2,300.00 Part 10yr Hopkins 7.50 2,500.00 Part 5yr Stillwater 7.50 2,000.00 Part 10yr 0 Shakopee 7.50 1,385.66 Part 15yr 5,000 Hastings 9.00 2,100.00 Part 10yr 0 Prior Lake 4.00 1,650.00 Part 10yr 9,000 Chanhassen 6.00 1,710.00 20 Yr 18,000 AVG 6.71 2,127.93 �< Eden Prairie 5.00 Monthly Part 10yr Chaska 7.50 Monthly Part 15yr 31,300 Shakopee Fire Relief "Set Benefit" Estimates August 2, 1990 Levy Levy Benefit Year 1 Year 2 1,484.73 0 0 1,736.53 5,000 5,097 Less Additional Interest Earnings 1,820.26 10,000 11,938 Less Additional Interest Earnings 1,904.00 15,000 18,779 Less Additional Interest Earnings 1,987.73 20,000 25,619 Less Additional Interest Earnings 2,100.00 26,705 34,791 Less Additional Interest Earnings 2,127.93 28,372 37,073 Less Additional Interest Earnings Addl Interest 5-8% — 12-13,000 Pew Shakopee Fire Relief "Set Benefit" Estimates August 15, 1990 Levy .evy Benefit Year 1 Year 2 1,484.73 0 0 1,736.53 5,000 975 Less Additional Interest Earnings 1,820.26 10,000 5,802 Less Additional Interest Earnings 1,904.00 15,000 10,630 Less Additional Interest Earnings 1,987.73 20,000 15,457 Less Additional Interest Earnings 2,100.00 26,705 21,929 Less Additional Interest Earnings 2,127.93 28,372 23,539 Less Additional Interest Earnings 2,500.00 50,591 44,989 Addl Interest 5-8% — 12-13,000 2,100 26,705 2,200 28,323 2,500 50,591 2,750 60,973 Iib TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Billing for Plan Review DATE: July 17, 1990 Introduction A bill has been submitted to the City for plan review services by members of the Fire Department. There is no known precedent for this type of billing or claim. Background Members of the Fire Department were called to a meeting with FMG to review building plans. The meeting was held during normal working hours. Attending the meeting were Firefighter David Judd and Fire Chief Charles Ries. Vouchers for payment were received from David Judd for 1 hour @ $25.00 per hour and from Charles Ries for 3 hours @ $25.00. The vouchers were approved by LeRoy Houser and forwarded to Finance for payment. Mr. Houser stated that the amounts claimed above would be added to the plan check fee or the building permit fee and therefore be fully reimbursed to the City. Both members of the Fire Department are carried on the payroll of the city as firemen at $7.50 per hour. Additionally, the Chief has an annual salary. The Chief has said that normally plan reviews are done after hours and firemen are not called away from their regular jobs with the resultant loss of income. Firemen are paid at the rate of $7.50 per hour for all calls whether it is during regular working hours or after such hours. Alternatives 1. Pay the claims as submitted (through payroll) . 2. Pay Mr. Judd as employee at $7.50 per hour. 3. Consider the Chief's compensation as part of his retainer. 4. Deny the claims. Recommendation It is recommended that Council carefully the policy and precedent implications of whatever decision is made regarding these claims. Council may wish to discuss the issues with the Fire Chief. CONSENT 15c SHAKOPEE FIRE DEPARTMENT 129 E. 1st Ave. Shakopee, Mn 55379 Fire Chief, Charles E. Ries MEMO TO: Dennis R. Kraft, City Administrator FROM: Charles E. Ries, Fire Chief RE: Capital Equipment, Scuba Dive Rescue Equipment DATE: July 17 , 1990 INTRODUCTION: Price quotes were obtained for the purchase of two complete sets of dive rescue gear. This gear is designed for all season use in the rescue and recovery of water related accidents. The city of Shakopee has budgeted the amount of $6, 000 . 00 for the purchase of this equipment. BACKGROUND: The Shakopee fire department is taking a proactive approach to dive rescue. In the past, the fire department has been involved in recovery of water related accidents. We feel that we are capable of responding to water related calls in a timely manner thus, giving the victim a better chance of survival . The department has on hand 15 certified and trained open water divers. Most of the divers are also trained in Ice diving, Ice rescue, Water recovery, Search and rescue, Night diving, Navigation and Equipment maintenance. OPTIONS: Two price quotes were received. Option 1 : Fantasea Scuba, Burnsville in the amount of $3 , 400. 00 which does not include the communications set. This bid also did not met all the specifications required. Option 2 : Club Scuba, Wayzata in the amount of $4 , 236 . 70. The quotation from Club Scuba met all the specifications. The communications set bid was available from Club Scuba only in the amount of $1, 878 . 00 . The bid amount was $6, 114 . 70 . we are also receiving an additional discount of $164 . 70 which brings the total package price to $5, 950 . 00. RECOMMENDATION: Proceed with option 2 and purchase the dive equipment from Club Scuba, Wayzata in the amount of $5, 950. 00. All equipment is i stock and ready for delivery. . /X,/ _,/, ‘,W1 / ‘ 66 ' h�rles E. Ries Shakopee FIre Chief # 13cli . MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Franchise Ordinance No. 291 DATE: August 7 , 1990 INTRODUCTION & BACKGROUND: City Council has received a draft of Ordinance No. 291 which grants a franchise to Western Gas Utilities Inc. The Ass 't. City Attorney has been in communication with Mr. Andrew Shea, Attorney for Rahr Malting Company, regarding the need for the franchise. Mr. Krass has determined that Western Gas Utilities Inc. does in fact need to obtain a franchise from the City in order to construct, operate and maintain a pipeline for Rahr Malting Company. (Rahr wishes to have its own natural gas line so that it can purchase gas at a rate considerably less than that charged by Minnegasco. ) Mr. Shea has reviewed the draft of Ordinance No. 291 and has asked Mr. Krass if it would be possible to amend the expiration date contained in Section 2 . 1. Rahr desires the franchise to be as long as is possible. The date in the draft was selected at randum by staff. It coinsides with the expiration of the franchise with Minnegasco. The city code, section 2 . 80, does limit the term of a franchise to 20 years unless approved by a majority of the electors voting thereon. As you are aware, Mr. Krass is also recommending that any easements given to Western by the City incorporate the franchise ordinance by reference, including any amendments to that ordinance, which would then be binding upon Western. RECOMMENDED ACTIONS: 1. Motion to amend the expiration date of the franchise ordinance; which could be as as far out as June 30, 2010. 2 . Motion to adopt Ordinance No. 291, An Ordinance Granting Western Gas Utilities Inc. a non-exclusive franchise to construct, operate, repair and maintain gas energy transmission facilities within the City of Shakopee. 3 . Motion that all easements granted to Western Gas Utilities Inc. for the purpose of constructing their gas line include the following language: "The terms and conditions of Ordinance No. 291, adopted by the Shakopee City Council on the 7th day of August, 1990, are hereby incorporated by reference in full as though set forth herein, including any amendments -Co said ordinance. Grantee herein accepts the terms and conditions of said ordinance as presently existing or as amended in the future and agees to be bound by the same. " 4 n A. Draft 8/3/90 ORDINANCE NO. 291 CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA AN ORDINANCE GRANTING WESTERN GAS UTILITIES INC. , A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF SHAKOPEE, MINNESOTA FOR SUCH PURPOSES ; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. THE CITY COUNCIL OF SHAKOPEE ORDAINS: SECTION 1. DEFINITIONS. The following terms shall mean: 1. 1 . Company. Western Gas Utilities Inc. , a public utility under Minnesota law, its successors and assigns. 1 . 2 . Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. 1. 3 . Municipality, Municipal Council, Municipal Clerk. These terms mean respectively, the City of Shakopee, the Council of the City of Shakopee and the Clerk of the City of Shakopee. 1 .4 . Public Ground. All streets, alleys, public ways, utility easements and public grounds of the Municipality as to which it has the right to grant the use to the Company. SECTION 2 . FRANCHISE GENERALLY. 2 . 1 . Grant of Franchise. There is hereby granted to the Company, from the effective date hereof through June 30, 2003 , the right to import, manufacture, transport, distribute and sell gas for public and private use in the Municipality, and for these purposes to construct, operate, repair and maintain in, on, over, under and across the Public Ground of the Municipality, all facilities and equipment used in connection therewith, and to do all things which are necessary or customary in the accomplishment of these objectives, subject to zoning ordinances, other applicable ordinances, permit procedures, customary practices, and the provisions of this franchise. 2 . 2 . Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage and publication as required by law, and its acceptance by the Company in writing filed with the Municipal Clerk within 60 days after publication. 2 . 3 . Nonexclusive Franchise. This is not an exclusive franchise. /_3 olfi 2 . 4 . Franchise Fee. The Company may be required to pay to the Municipality, in the manner and at a rate prescribed by a separate ordinance, a fee determined by collections from sales of Gas, but not to exceed 5% of the Company' s gross revenues from the sale of Gas within the Municipality. Such ordinance may be adopted, amended, repealed or readopted at any time during the term of this franchise. The fee, if required, shall be effective 90 days after written notice of the ordinance to the Company. No such fee shall be effective as to sales made before January 1, 1990. The fee shall be separately stated on gas bills rendered to customers within the Municipality. 2 . 5 . Publication Expense. The expense of publication of this ordinance shall be paid by the Company. 2 . 6. Default. If the Company is in default in the performance of any material part of this franchise for more than 90 days after receiving written notice from the Municipality of such default, the municipal Council may, by ordinance, terminate all rights granted hereunder to the Company. The notice of default shall be in writing and shall specify the provisions of this franchise under which the default is claimed and state the bases therefor. Such notice shall be served on the Company by personally delivering it to an officer thereof at its principal place of business in Minnesota. If the Company is in default as to any part of this franchise, the Municipality may, after reasonable notice to the Company and the failure of the Company to cure the default within a reasonable time, take such action as may be reasonably necessary to abate the condition caused by the default, and the Company agrees to reimburse the Municipality for all its reasonable costs and for its costs of collection, including attorney fees. Nothing in this section shall bar the Company from challenging the Municipality' s claim that a default has occurred. In the event of disagreement over the existence of a default, the burden of proving the default shall be on the Municipality. SECTION 3 . CONDITIONS OF USE. 3 . 1 . Use of Public Ground. All utility facilities and equipment of the Company shall be located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of Public Ground, and shall be subject to permit conditions of the Municipality. The permit conditions may provide for the right of inspection by the Municipality, and the Company agrees to make its facilities and equipment available for inspection at all reasonable times and places. 3 . 2 . Permit Required. The Company shall not open or disturb the surface of any Public Ground for any purpose without first 13 et having obtained a permit form the Municipality, for which the Municipality may impose a reasonable fee to be paid by the Company. The permit conditions imposed on the Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. The mains, services and other property placed pursuant to such permit shall be located as shall be designed by the Municipality. The Company may, however, open and disturb the surface of any Public Ground without a permit where an emergency exists requiring the immediate repair of its facilities. The Company in such event shall request a permit not later than the second working day thereafter. 3 . 3 . Restoration. Upon completion of any work requiring the opening of any Public Ground, the Company shall restore the same, including paving and its foundations, to as good condition as formerly, and shall exercise reasonable care to maintain the same for two years thereafter in good condition. Said work shall be completed as promptly as weather permits, and if the Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public ground in good condition, the Municipality shall have the right to put it in good condition at the expense of the Company; and the Company shall, upon demand, pay to the Municipality the cost of such work done for or performed by the Municipality, including its administrative expense and overhead, together with ten percent additional as liquidated damages. This remedy shall be in addition to any other remedy available to the Municipality. , 3 . 4 . Relocation of Utility Facilities. The Company shall promptly, with due regard for seasonal working conditions, permanently relocated its facilities or equipment whenever the Municipality orders such relocation. If the relocation is a result of the proper exercise of the police power in grading, regrading, changing the location or shape of or otherwise improving any Public ground or constructing or reconstructing any sewer or water system therein, the relocation shall be at the expense of the Company. If the relocation is not a result of the proper exercise of the police power, the relocation shall be at the expense of the Municipality. If such relocation is done without an agreement first being made as to who shall pay the relocation cost, such relocation of the facilities by the Company shall not be construed as a waiver of its right to be reimbursed for the relocation cost. If the Company claims that it should be reimbursed for such relocation costs, it shall notify the Municipality within thirty days after receipt of such order. The Municipality shall give the Company reasonable notice of plans requiring such relocation. Nothing contained in this subsection shall require the Company to remove and replace its mains or to cut, and reconnect its service pipe running from the main to a customer' s premises at its own expense where the removal and replacement or cutting and reconnecting is made for the purpose of a more expeditious /2 aL operation for the construction or reconstruction of underground facilities; nor shall anything contained herein relieve any person from liability arising out of the failure to exercise reasonable care to avoid damaging the Company' s facilities while performing any work in any Public Ground. 3 . 5 Relocation When Public Ground Vacated. The vacation of any Public Ground shall not operate to deprive the Company of the right to operate and maintain its facilities therein. Unless ordered under Section 3 . 4, the Company need not relocate until the reasonable cost of relocating and the loss and expense resulting from such relocation are first paid to the Company. When the vacation is for the benefit of the Municipality in the furtherance of a public purpose, the Company shall relocate at its own expense. 3 . 6. Street Improvements, Paving or Resurfacing. The Municipality shall give the Company reasonable written notice of plans for street improvements where paving or resurfacing of a permanent nature is involved. The notice shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the improvements and the time when the Municipality will start the work, and, if more than one street is involved, the order in which this work is to proceed. The notice shall be given to the Company a sufficient length of time, considering seasonable working conditions, in advance of the actual commencement of the work to permit the Company to make any additions, alterations or repairs to its facilities the Company deems necessary. In cases where streets are at final width and grade, and the Municipality has installed underground sewer and water mains and service connections to the property line abutting the streets prior to a permanent paving or resurfacing of such streets, and the Company' s main is located under such street, the Company may be required to install gas service connections prior to such paving or resurfacing, whenever it is apparent that gas service will be required during the five years following the paving or resurfacing. SECTION 4 . INDEMNIFICATION. The Company shall indemnify, keep and hold the Municipality, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions on account of injury or death of persons or damage to property occasioned by the construction, maintenance, repair, removal or operation of the Company' s property location in, on, over, under, or across the Public Ground of the Municipality, unless such injury or damage is the result of the negligence of the Municipality, its elected officials, employees, officers, or agents. The Municipality shall not be entitled to reimbursement for its costs incurred prior to notification to the Company of claims or actions and a reasonable opportunity for the Company to accept and undertake the defense. If a claim or action shall be brought against the Municipality under circumstances where indemnification applies, the Company, at I3 4- its sole cost and expense, shall defend the Municipality if written notice of the claim or action is promptly given to the Company within a period wherein the Company is not prejudiced by lack of such notice. The Company shall have complete control of such claim or action, but it may not settle without the consent of the Municipality, which shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the Municipality, and the Company in defending any action on behalf of the Municipality shall be entitled to assert every defense or immunity that the Municipality could assert in it own behalf. SECTION 5. ASSIGNMENT. The Company, upon notice to the municipality, shall have the right and authority to assign all rights conferred upon it by this franchise to any person. The assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this franchise. SECTION 6 . CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the Municipality shall not affect the validity of this franchise. Any governmental unit succeeding the Municipality shall, without the consent of the Company, automatically succeed to all of the rights and obligations of the Municipality provided in this franchise. SECTION 7 . SEVERABILITY. If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the rest of this franchise shall not be affected. SECTION 8 . NOTICES. Any notice required by this franchise shall be sufficient if, in the case of notice to the Company, it is delivered to Western Gas Company, and, in the case of the Municipality, it is delivered to: City of Shakopee 129 E. First Avenue Shakopee, MN 55379 Attention: City Administrator Passed and approved ATTEST: Mayor of the City of Shakopee Clerk of the City of Shakopee Minnesota Approved as to form this day of , 1990. City Attorney / 3Q.) MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: City Hall Siting DATE: July 31, 1990 INTRODUCTION: At the direction of Council, staff has placed the city hall siting issue on the August 7, 1990 agenda for further discussion. Staff has also obtained further information on the new site that was identified July 10th, worksession. (Blocks 4 & 5, OSP) . BACKGROUND: On June 26, 1990 a public hearing was held to solicit comments from Shakopee residents on possible sites for a new city hall facility. At that time, City Council chose to eliminate Block 50 from further consideration. A Council worksession was held on July 10th to further discuss city hall siting alternatives. At that time, City Council listed and compared certain criteria for each of the five sites. The criteria discussed at that time included the following: cost, time for completing the facility, constraints for each site and positive aspects of each site. Following the discussion and review of the criteria, a preliminary ranking of the sites was conducted. The results of the ranking revealed the following site preference. 1. Block 4, existing City Hall site, 2 . 30 acre site on East Fourth Avenue, 3 . Marquette Bank Building, 4. Gorman Street Site, 5. St. Francis Hospital. Since Block 4 was a new site that was brought up at the worksession, City Council felt that it was important to obtain further information on the cost impacts of utilizing Blocks 3 & 4 . Shown in attachment #1 is an analysis of the property taxes currently being generated from the properties located on Blocks 3 & 4 . Note that the entire property currently generates $ 17, 449 . 10 in net property tax generation. Shown in attachment #2 is a cost breakdown for acquiring and clearing the two blocks. Staff estimates that the total project cost for acquisition, demolition and relocation will be in excess of $ 1, 645, 000. Staff would like the City Council to discuss the new information presented herein and direct staff accordingly in eliminating sites for further consideration and/or selecting a final site to pursue. If City Council does make a decision in regard to a final site, it would appropriate to direct staff accordingly in terms of which financial course of action the City wishes to utilize. (Referendum, Capital Improvement Fund, or combination thereof. ) Shown in attachment #3 is a cost summary of each of the five sites under consideration. The summary is an estimate of complete costs for a new city hall facility. 13 ALTERNATIVES: 1 . Select a final site for a City Hall location. 2 . Table to executive session. 3 . Discuss the five sites in question and further narrow down the list to the top alternatives. 4 . Schedule a worksession to discuss the pros and cons of the top two sites and which financial course of action City Council wishes to follow. 5 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: 1 . Move to select a final site for a City Hall . 2 . Table to executive session to discuss in greater detail the acquisition and financial plan for acquiring the site. 13 Attachment #1 Block 3 Market Prop. I. D. Name Value Gross Net 27-001041-0 Shakopee HRA $ 16, 900 0 0 27-001042-0 Shakopee HRA $ 6,900 0 0 27-001043-0 Shakopee HRA $ 8 , 900 0 0 27-001044-0 Herrgott $ 19 , 600 $ 198 . 00 $ 222 . 86 27-001045-0 Mamer $ 12 , 700 $ 128 . 82 $ 128 . 82 27-001046-0 Hill $ 14 , 800 $ 450. 34 $ 450 . 34 27-001047-0 Hughes $ 20, 500 $ 623 .78 $ 654 . 12 27-001048-0 Vohnoutka $ 48 , 300 $1, 624 . 28 $1 , 638 . 92 27-001049-0 City of Shakopee $ 56, 000 0 0 27-001050-1 City of Shakopee $ 94 , 100 0 0 27-001050-0 Topic $ 84 , 500 $4 , 357 . 20 $4 , 357 . 20 Sub Total $383 , 200 $7 , 382 . 42 $7 , 452 . 26 Block 4 Market Prop. I .D. Name Value Gross Net 27-001034-0 Brambilla $ 151 , 500 $6, 088 . 96 $6, 088 .96 27-001035-0 Topic $ 70, 000 $3 , 609 . 28 $3 , 609 . 28 27-001036-0 Mahoney $ 13 , 400 $ 690. 88 $ 690. 88 27-001037-0 Mahoney $ 32 , 700 $1 , 193 . 78 $1 , 193 .78 27-001038-0 Shing/Poon $ 101, 100 $3 , 419 .72 $3 , 419 . 72 27-001039-0 Shing/Poon $ 21 , 000 $1 , 083 . 18 $1 , 083 . 18 Sub Total $ 389 , 700 $9 , 996 . 84 $9 , 996.84 GRAND TOTAL $ 772 , 900 $17 , 379 . 26 $17 , 449 . 10 I3A../ Attachment #2 Block 3 Est. Est. Acquistion Est. Relocation Prop. I.D. Name Value Demolition Award Total 27-001041-0 Shakopee HRA $ -0- -0- -0- -0- 27-001042-0 Shakopee HRA $ -0- -0- -0- -0- 27-001043-0 Shakopee HRA $ -0- -0- -0- -0- 27-001044-0 Herrgott $ 65, 000 7,500 10, 000 82 , 500 27-001045-0 Mamer $ 59, 000 7,500 10, 000 76, 500 27-001046-0 Hill $ 63, 000 7, 500 10, 000 80, 500 27-001047-0 Hughes $ 68, 000 ,7,500 10, 000 85,500 27-001048-0 Vohnoutka $ 84,000 7, 500 10, 000 101, 500 27-001049-0 City of Shakopee $ -0- 7, 500 -0- 7, 500 27-001050-1 City of Shakopee $ -0- 12, 500 -0- 12, 000 27-001050-0 Topic $ 160, 000 10, 000 10, 000 180, 000 Sub Total $ 499, 000 67, 000 60, 000 626, 000 Block 4 Est. Est. Acquistion Est. Relocation Prop. I.D. Name Value Demolition Award Total 27-001034-0 Brambilla $ 220, 000 10, 000 25, 000 255, 000 27-001035-0 Topic $ 140, 000 12, 000 10, 000 162, 000 27-001036-0 Mahoney $ 20, 000 ' 4, 000 20,000 74, 000 27-001037-0 Mahoney $ 130, 000 10, 000 25, 000 120, 000 27-001038-0 Shing/Poon $ 185, 000 5, 000 15,000 205, 000 27-001039-0 Shing/Poon $ 40, 000 2, 500 5, 000 47 ,500 Sub Total $ 735, 000 43, 500 100, 000 878, 500 GRAND TOTAL $1, 234, 000 110, 500 160, 000 1, 645, 500 Attachment #3 Financial Summary of Sites Land Total Cost Acquisition Demolition Relocation Construction Estimate 1. Existing City Hall Site A. Blk 4,OSP $ 499, 000 $ 67, 000 $ 60,000 $2,000,000 $2,626,000 B. Blk 3&4,OSP 1,219, 000 110, 500 160, 000 2, 000, 000 3, 489, 500 2 . 30 ac. E.4th Ave. 900, 000 --- --- 2,000,000 2,900,000 3 . Marquette Bank 1,250, 000 --- --- 250,000 1,500,000 4 . Gorman St. Site A. W. of Gorman 194, 000 --- 108,900 2, 000, 000 2, 302,900 B. E. of Gorman 450, 000 --- --- 2,000,000 2,450,000 5. St. Francis Hosp. --- --- --- --- Varies depending on structure of deal. 1. In the case of new building - assumes 20, 000 sq. ft. facility @ $100 sq. ft. 2 . Cost does not include cost of interim City Hall site during construction. Staff estimates 18 month period. Staff estimates $13 .00 sq. ft. gross @ 15, 000 sq. ft. for an 18 month lease cost of approximately $292 , 500. 3 . Remodeling, Furnishings, etc. 4 . Assumes acquisition of Gorman Field - 3 ac. 5. Assumes use of Public Works Compound and relocation and acquisition of 2 1/2 ac. for new compound site @ $1. 00 sq. ft. ) 3 ..it.•••" c. • ,bS • W i 7t- o„yat • I ,p, ,98 ,ptt Z.” r AS ,e£ QN U 4 o cso et j ! ,o5 ost t � 3 , O A3 j � N '11 As Z c ) v� SY A --C 1.7415 547 1 .ce ,OFI -0-1 A n • v) ,,-;i 4 - - . - 0- ,00/ illl • a SX A G`r 0 QST A k 7 thi N it X09 ' y N V ur i N V I I a 1 "FS 5Ew/QH I < l >,,y,i II- I I I I I I I I I I I I I I I I I :; 1 1 - _ = Iill - tzb �5 :ill / 3/ MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Planning Commission Attendance DATE: August 2 , 1990 INTRODUCTION: At the joint meeting between the City Council and the Planning Commission the subject of Planning Commission member attendance was discussed at some length. This item was scheduled for further discussion at the August 7th City Council meeting. BACKGROUND: The Planning Commission can not conduct business unless it has a quorum present in the meeting. In the past there have been problems with Planning Commission attendance and in a couple of instances the meeting had either been delayed or not held because of an inability of the Commission to achieve a quorum. Obviously, this is very undesirable. When perspective board or commission members are interviewed the question of attendance is discussed at some length. This is emphasized to even a greater level for members of the Planning Commission. Even with the discussions which have occurred the Planning Commission has continued to experience a less then ideal level of attendance. The City Council should discuss this further and determine if they desire to take any action at this time. ALTERNATIVES: 1. Take no action. 2 . Accept the resignation of a member or members of the Planning Commission if they are submitted. 3 . Remove members of the Planning Commission who do not meet the attendance policy guidelines. RECOMMENDATION: The City Council should conclude it' s discussion on this subject and take the action they deem to be appropriate. /31_ MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Railroad Depot and Second Avenue Improvement Project DATE: July 27, 1990 INTRODUCTION: The appraisal of the depot and property has been completed. Staff would like to review the appraisal results with City Council and discuss in greater detail the impact of the appraisal on the Second Avenue Improvement Project. BACKGROUND: On February 6, 1990 the Shakopee City Council approved Resolution No. 3195 authorizing the acquisition of the railroad depot building and property by eminent domain for the purpose of constructing Second Avenue between Atwood Street and Scott Street. In conjunction with the eminent domain proceedings an appraisal of the property in question was solicited. The appraisal report completed by Patchin and Associates, Inc. values the property in question at $59 , 000. 00 . The railroad depot itself (building) has a value of $25, 000. 00 . The subject property is owned by two separate railroads. (See attachment #1) . The appraisal completed was based on the highest and best use of the property. In the appraisers opinion, the highest and best use of the land, as vacant would be for commercial use. In order to make the property owned by the Chicago Northwestern Railroad developable, the appraiser assumed that further assemblage would be required to create an acceptable commercial building site. He therefore included in the appraisal report the acquisition of the Soo Line property. In the appraisers opinion, upon assemblage of the property, the highest and best use of the depot building provided that it be utilized at its present site. The proposed Second Avenue Improvement Project will require a right-of-way width of 50 ' . The City already has 10 ' of right-of- way adjacent to and running parallel to the railroad tracks. (See attachment #1) . Pending completion of the project, a portion of the property acquired as identified in the appraisal report could be sold to the abutting property owners. (See attachment #2) Staff estimates that said remnant property would have a value of approximately $30, 517 . 00. This calculation is based on the appraisers square foot value amount of $3 . 13 per sq. ft. It would be appropriate at this time for City Council to discuss whether or not they wish to proceed with condemnation and the Second Avenue Improvement Project. Staff would like to remind City Council of several salient factors in regard to this project. First, the depot needs to be moved in order to construct Second Avenue. Otherwise, the depot will be' land locked between the existing railroad tracks and the proposed Second Avenue making it virtually impossible to develop and utilize the existing depot J_747, building. Second, the City Building Inspector has gone on record stating that the building in question contains many code violations and presents a safety hazard to the public. It is the Building Inspectors opinion that the structure should be condemed irregardless of the street project. Finally, at the present time access to Second Avenue on the south side of the railroad tracks off of Atwood Street is not adequate in terms of street width to provide for two way traffic due to the nodes. Second Avenue on the south side of the tracks was constructed under the assumption that Second Avenue between Atwood and Scott Streets on the north side would be constructed in the near future. If City Council selects not to pursue the construction of Second Avenue on the north side of the tracl�s, the City Engineer is recommending that the nodes along the south side of the tracks be eliminated. This will provide a wider access off of Atwood Street to Second Avenue on the south side of the tracks. Staff estimates that the cost to remove the nodes and widen the access is approximately $9 , 000. 00. Staff would like to point out that it was never the intention of the City Engineer that the Second Avenue Improvement Project be assessed. Given the appraisers report and values, staff estimates that it will cost approximately $97 , 482 . 00 to complete the Second Avenue Improvement Project between Atwood and Scott Streets. This figure takes in consideration the sale of the renmant property to the abutting property owners to the north at the appraised value. This figure also assumes that the City will be able to find an interested party who will remove the depot from its present site, thus saving us demolition costs. Shown in attachment #3 is a budget breakdown of the overall project costs. If Council chooses to pursue this project staff is proposing either of the following two possible funding sources: Capital Improvement Fund or Tax Increment Trust Funds. Staff would like City Council to discuss whether or not they feel we should proceed with the condemnation process and subsequent construction of Second Avenue. ALTERNATIVES: 1 . Direct staff to proceed with the condemnation process and subsequent Second Avenue Street Improvement Project. 2 . Direct staff to drop the condemnation process and do not construct Second Avenue at this time. 3 . Direct staff to take the appropriate steps to improve the access to Second Avenue on the south side of the railroad tracks off of Atwood Street. 4 . Table action pending further information from staff. I3s,' STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to direct staff to proceed with the condemnation process for the railroad depot and subsequent Second Avenue right-of-way and street improvement project. j3r Attachment #1 .- 5 V °M1v J TV T I I / C4&wMPA ,2..0[1- i (kc ) 4 TIi 7 i j. Y hk? •yk.rF.r}.vy i 2�: �itivi::�i. -FJ.tr ,-.. ', 41:14.i.!PON - '.w M w r.v X47._0'.:3,-:.:;:`-`:- Nil 1 i}i'-i:�- 1F�.'h.��4:vM.-�Fvftl.++�+ty';�: .... ... ... ........ .. . . .. . .... .. . . .. .. . ...ti ...... .. .C:... 4 y.}F:..\F kyr •;W1i;.:.::"iW i.!tI'. ^( ki':_9-) 1 II0:.ii;'::,N:::11ft:m::.:::.x,:..::k:1;:l1]]]:::R;i1;i!i .:'-- -':-'°i Vii_>x}` $.:S$,::} _ vl A :Y a. ... •: :,.<-.,r:kms `..,. . g0 _ , '+ °'c • 1 .C.$ (I Attachment #2 ......._c:2, 'T ...........:.:.: 4 i .............. -:•:::::::::::.: 7 •::::::.:*:-:•:•:•• I .:::::::::•:•:•. , ::.i..i..*::.:::•:*::::•:..: ,. 1 .....:•:•:•:•:•:•:-. 7 ......:...........::::....::::..:.:......:::....:..::: T ........... ZAI.A.,tuit- ............... .L. pitcpe,t --------- :i::::::::::::::::::::::::::::.::::•.....:.::::: 4....( . i . ., (775-0 0- ) ........................ ............. - .:: ........: - - C., 7 :::::::: 0 — or.; ::::::.....: c•Th _ ..... — ....,.L. ..,_ /.....1...-::..:.::.::::::::::.:::::•:::.::::...............:....:::::::::::1::.::::! .... ... :-..:...-.-........-.....::::::::::::.: — . i N :::::.:::::::.....::::•:::::::::::::::..•....i.::!::.-i•:.:.:::::-...::::..::::::::.:::.::..::::..::::...... _ : 1 .... .1. :::::::::::•:•:•:•:•:•:.:.:::::::::.: .... „ — '•:::::::.::::.*::.:.•••:::::::::::::::::::::- it-- , ...:::::•:•:•:•:•:::::.:::-::::::::::::::::-: T ... i....:::•:i.:::.:::::.K::.::::::.:•:::::::.:.:::.: i •:::::::::::::::::::.:-..?:•:::::.::.*::::.?..:::.:::: — ., . ..\--________‘40 ...---..-::•:-:.:.•:••:::::•:::::•:•::::::: ::::.::::::::::::::::•:. -......:....:::::.:.:.: .... ......... ...... ...................... -- --'1`..' \...c• If, .;.. •, ,--, r. 0...7r, -+ 4.- J33' Attachment #3 Second Avenue Improvement Project Cost Estimates Revenues 1. Sale of Remnant Property $30, 517 . 00 2 . Sale of Depot Building $ 1 . 00 Total Projet Revenues $30, 518. 00 Expenses 1. Street Construction $ 32 , 400 2 . Land Acquisition $ 59 , 000 3 . Depot (Building) Acquisition $ 25, 000 4 . Legal/Adm. $ 11, 600 Total Project Cost $128 , 000 Expenses Less Revenues $ 97 , 482 I (3I � Property Identification p y Map ss I I I I 2 ' I 129-0 _{.> Gtttes 4.) QJ W I L 128-0 +> H&D Railway cu +, j,/ • v) Depot (/ V I I 2nd Ave, 264-0 z I >„� Novitzki 0 �. 267-0 266-0 0 h City of Thul r V Shakopee 265-0 USchmitt -P I 3 3 I 1 11 I 1I 1 I l 6 k. MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Drug Testing Policy DATE: August 3 , 1990 INTRODUCTION: At the meeting of June 5, 1990 the City Council adopted a drug testing policy for City employees. Subsequent to that time it was requested that the policy be reviewed and that possible amendments be made to this policy. Suggested amendments are presented to the City Council for their consideration at this time. BACKGROUND: The City Council adopted a drug testing policy at the recommendation of City staff. Subsequent to Council action questions were raised relative to the impact of the drug and alcohol testing policy on the civil rights of city employees. The policy was also reviewed further by the Police Chief, the Personnel Coordinator and the City Administrator. Deletions from Resolution No. 3242 (the drug and alcohol testing policy) are indicated by lines being stroke through those words to be deleted. Additions are indicated by the new words being underlined. The paragraph headings were underlined in the previous draft and continued to be underlined and should not be confused with the additions to the resolution. Specific additions have included the involvement of the City Administrator and/or at least two supervisory people before any drug test is ordered and also a definition of "premises" as relates to where employees can be tested. Some of the deletions which were made were done because of internal redundancies within the resolution. The Police Chief is of the opinion that clerical employees in the Police Department are in safety sensitive positions and I agree with him on that. ALTERNATIVES: (After removing motion from table) 1 . Make no changes. 2 . Rescind policy in its entirety. 3 . Make amendments to the policy as outlined above. 4 . Make other amendments to the policy. RECOMMENDATION: It is recommended that the City Council consider desired changes to the drug and alcohol testing policy, and direct staff to prepare the appropriate resolution to incorporate the changes. / 3h ACTION REQUESTED: 1. Move to remove from the table the motion to reconsider the drug and alcohol testing policy for discussion. 2 . Make the appropriate amendments to the drug and alcohol testing policy. 3 . Direct staff to prepare the appropriate resolution incorporating desired amendments. 1311 DRUG AND ALCOHOL TESTING POLICY Adopted by Resolution No. 3242 , June 5, 1990 The City of Shakopee recognizes that alcoholism and other drug dependencies are a significant social problem affecting persons of every age, race, sex, and ethnic group. It poses risks to the health and safety of employees of the City of Shakopee and to the public. It is the intent of the City of Shakopee to maintain a work environment which is free of alcohol and drug use. To reduce those risks, this City policy establishes standards concerning drugs and alcohol which all employees must meet. It also establishes a testing procedure to ensure that those standards are met. The Drug and Alcohol Testing Policy of the City of Shakopee, Minnesota, will conform to the requirements of state law as set forth in Minnesota Chapter 181 as follows: 1. Definitions a. "Alcohol" means ethyl alcohol . b. "Confirmatory test" and "confirmatory retest" mean a drug or alcohol test that uses a method of analysis approved by the commissioner as being reliable for providing specific data as to the drugs, alcohol, or their metabolites detected in an initial screening test. c. "Commissioner" means the Commissioner of Minnesota Department of Health. d. "Drug" means a controlled substance as defined in Minn. Stat. 152 . 01, Subd. 4 . e. "Drug and alcohol testing, " "drug or alcohol testing, " and "drug or alcohol test" mean analysis of a body component sample approved by the commissioner, including blood, breath and urine, for the purpose of measuring the presence of absence of drugs, alcohol, or their metabolites in the sample tested. f. "Drug paraphernalia" has the meaning set forth in: Minnesota Statutes 152 . 01, Subd. 18 . g. "Employee" means a person, independent contractor, or person working for an independent contractor who performs services for the City of Shakopee for compensation, in whatever form. h. "Employer" means the City of Shakopee acting through its City Council, or its designees, the City Administrator and Department Heads. )3 i i. "Employer' s premises" shall include buildings, yards, parking lots and grounds owned, leased or rented by the City of Shakopee, but shall not include streets or alleys in the City. 1-;-j . "Initial screening test" means a drug or alcohol test which uses a method of analysis approved by the commissioner as being capable of detecting the presumptive presence of a drug, drug metabolite or alcohol in a sample. j—k. "Job applicant" means a person, who applies to become an employee of the City of Shakopee, and includes a person who has received a job offer made contingent on the person passing drug and alcohol testing. --l. "Positive test result" means a finding by a laboratory licensed by the State of Minnesota under M.S.A. Chapter 181 of the presence of drugs or their metabolites in the sample tested in levels at or above the threshold detection levels set by the commissioner, or a finding of the presence of alcohol in the sample tested of more than an alcohol concentration of . 05 percent; until threshold detection levels are set by the commissioner, the presence of a drug at or above the following levels shall be considered to be a positive test result: Initial Screening Confirmatory test Amphetamines 1, 000 ng/ml 500 ng/ml Barbiturates 300 ng/ml 300 ng/ml Benzodiazepines 300 ng/ml 300 ng/ml Cocaine metabolite 300 ng/ml 150 ng/ml Opiates 300 ng/ml 300 ng/ml PCP (phencyclidine) 25 ng/ml 25 ng/ml THC Metabolite (marijuana) 20 ng/ml 15 ng/ml "Reasonable suspicion" means a basis for forming a belief based on specific facts and rational inferences drawn from those facts. ftin. "Safety-sensitive position" means a job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person; all sworn and non- sworn personnel , excluding cicricol employes, in the Shakopee Police Department are safety-sensitive positions. -o. "Under the influence" means having the presence of a drug or alcohol at or above the level of a position test result. 111 2 . Scope of Coverage a. No employee shall be under the influence of any drug or alcohol while the employee is working or while the employee is on the employer' s premises or operating the employer' s vehicle, machinery, or equipment, except to the extent authorized by a valid medical prescription. b. No employee shall use, possess, manufacture, distribute. dispense, sell or transfer drugs, alcohol or drug paraphernalia while the employee is working or while the employee is on the employer' s premises or operating the employer' s vehicle, machinery or equipment, except pursuant to a valid medical prescription or when engaged in law enforcement activity being conducted in accordance with Police Department policies and procedures. 3 . City Drug Awareness Program The City does provide an Employee Assistance Program to aid and assist City employees who are in need or have been referred for counseling and rehabilitation. Employees are encouraged to utilize the services of the Employee Assistance Program by contacting Emergency Consultation Service, telephone (612) 588-4471. Services are available 24 hours a day, 7 days a week. 4 . Persons Subject to Testing No person will be tested for drugs or alcohol under this policy without the person' s consent. The employer will request or require an individual to undergo drug or alcohol testing only under the circumstances described in this policy. 5. Circumstances for Drug or Alcohol Testing a. Job Applicants: Job applicants may be requested or required to undergo drug or alcohol testing after a job offer has been conditionally made and before commencing employment in the position. b. Reasonable Suspicion Testing: The employer may request or require an employee to undergo drug and alcohol testing if there is a reasonable suspicion that the employee: 1. is under the influence of drugs or alcohol while the employee is working or while the employee is on the employer' s premises or operating the employer' s vehicle, machinery, or equipment; or 2 . used, possessed, sold or transferred drugs, alcohol or drug paraphernalia while the employee is working or while the employee is on the employer' s premises or operating the employer' s vehicle, machinery or equipment; or — .5-- 137 3 . is under the influence of drugs or alcohol and has sustained a personal injury as that term is defined in Minnesota Statutes 176. 11, Subd. 16 , or caused another person to die or sustain a personal injury; or 4 . is under the influence of drugs or alcohol and has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident resulting in total property damage exceeding $1, 000 ; or 5. has discharged a firearm other than (a) on a target range, or (b) while conducting authorized ballistics tests, or (c) as authorized by Shakopee Police Department concerning dangerous or suffering animals; er 6. has, as determined only by employee's Department Head, or his official designate, or the City Administrator, engaged in an act or omission related to the performance of the job, whether committed on or off duty, that logically requires or justifies such testing, revealed as a clear and compelling necessity by the nature of the incident. c. Other Testing: The employer may permit an employee who has requested a drug or alcohol test to undergo testing in accordance with the procedures established by this policy. 6. Refusal to undergo Testing a. Job applicants: If a job applicant refuses to undergo drug or alcohol testing requested or required by the employer, no such test shall be given, and the job applicant shall be deemed , to have withdrawn the application for employment. b. Employees: If any employee refuses to undergo drug or alcohol testing requested or required by the employer, no such test shall be given, and the employer shall recommend to the City Council that the employee be discharged from employment on the grounds of insubordination. c. Refusal on religious grounds: No employee or job applicant who refuses to undergo drug or alcohol testing of a blood sample upon religious ground shall be deemed to have refused unless the employee or job applicant also refuses to undergo drug or alcohol testing of a urine sample. 7 . Procedure for Testing a. Notification form: During regular working hours when a department director, or acting director, believes that there is a need for an employee to be tested he/she shall —4— 13 1 contact the city administrator and the city administrator may authorize the testing. In an emergency situation during non-working hours, if the city administrator can't be contacted the department director, after consulting with another supervisory employee, may order a drug or alcohol test. The city administrator shall be notified of the testing at the earliest reasonable time. Before requesting an employee or job applicant to undergo drug or alcohol testing, the employer shall provide the individual with a form on which to (1) acknowledge that the individual has seen a copy of employer' s drug and alcohol testing policy, and (2) indicate any over-the- counter or prescription medications that the individual is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result, and (3) indicate consent to undergo the drug and alcohol testing. b. Test Sample: The test sample shall be obtained in a private setting, and the procedures for taking the sample shall ensure privacy to employees and job applicants to the extent practicable, consistent with preventing tampering with the sample, and may include a witness, and shall conform with applicable rules of the commissioner. No test sample shall be taken on the employer' s premises and the test sample shall not be taken by City of Shakopee employees. c. Identification of Samples: Each sample shall be sealed into a suitable container free of any contamination that could affect test results. The sample shall be identified for processing by the licensed testing laboratory. d. Chain of Custody: A written record of the chain of custody of the sample which conforms to the rules adopted by the commissioner shall be maintained. Until rules are adopted by the commissioner the written record shall include a signature of each person accepting transfer of the sample and the date and time of the transfer. e. Laboratory: All drug or alcohol testing shall use the services of a testing laboratory licensed by the commissioner or qualifying under the transitional laboratory requirements set forth in Minnesota statutes; however, no test shall be conducted by a testing laboratory owned and operated by the City of Shakopee. f. Methods of analysis: The testing laboratory shall use methods analysis and procedures to ensure reliable drug and alcohol testing results, including standards for initial screening test and confirmatory tests. /3 h g. Retention and storage: Retention and storage procedures shall comply with the rules adopted by the commissioner, and all samples, that producdd a positive test result shall be retained and properly stored for at least six months. h. Test report: The testing laboratory shall prepare a written report indicating the drugs drug(s) , alcohol, or their metabolites tested for, the types of test conducted, and whether the test produced negative or positive test results, and the testing laboratory shall disclose that report to the employer within three working days after obtaining the final test results. i. Notice of test results: Within three working days after receipt of the test result report from the testing laboratory, the employer shall inform an employee or job applicant who has undergone drug or alcohol testing in writing of a negative test result on an initial screening test or of a negative or positive test result on a confirmatory test. The employer shall also inform an employee or job applicant of the following rights pursuant to M.S.A. 181. 95 181.953 : 1. The right to request and receive from the employer a copy of the test result paper. 2 . The right to request within five working days after notice of a positive test result a confirmatory retest of the original sample at the employee' s or job applicant' s own expense. If a confirmatory retest is conducted in accordance with the rules adopted by the Commissioner, and by a licensed laboratory, and the confirmatory retest does not result in a positive test, the City shall reimburse the employee or job applicant the actual cost of the confirmatory retest in an amount not to exceed $100. 00. 3 . The right to submit information to the employer within three working days after a notice of a positive test result to explain that result. 4 . The right of an employee for whom a positive test result on a confirmatory test was the first such result on a drug or alcohol test requested by the employer not to be discharged unless the employer has first given the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program. Participation in a counseling or rehabilitation program will be at the employee' s own expense or pursuant to coverage under an employee' s benefit plan. The employer may determine which type of program is more appropriate for the employee after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency. The employee may be discharged if he/she has either refused to /3 I/ participate in the counseling or rehabilitation program, or has failed to successfully complete the program. Withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program will be considered evidence that the employee failed to successfully complete the program. 5. The right to be reinstated with back pay if the outcome of the confirmatory or requested confirmatory retest is negative. 6. The right not to be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the employer concerning the reliability of, or explanation for, a positive test result unless the employee or job applicant was under an affirmative duty to provide the information before, upon, or after hire. 7 . The right to access the information in their personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process including conclusions drawn from and actions taken based on the reports or other acquired information. 8 . The right of an employee or a job applicant, who has received a job offer made contingent on the applicant passing drug and alcohol testing, to not have the offer withdrawn based on a positive test result from an initial screening test that has not been verified by a confirmatory test. 8 . Action After Test a. Job Applicant: The employer will not withdraw an offer of employment made contingent on the job applicant en—the job applicant passing drug and alcohol testing based on a positive test result from an initial screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest, the employer will withdraw the contingent offer of employment if the employer determines in accord with the Minnesota Human Rights Act that alcohol or drug usage or abuse: (1) prevents the job applicant from performing the essential functions of the job in questions; or (2) constitutes a direct threat to property or the safety of others; or (3) otherwise constitutes a bona fide occupational qualification. b. Employees: The employer will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee solely on the basis of a positive test result from an initial screening test that —9 — /317 has not been verified by a confirmatory test. Where there has been a positive test result In on a confirmatory test and In on any confirmatory retest, the employer may do the following: 1. First Positive Test Result: Give the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. The employer through its Employee Assistance Program may determine which program is more appropriate after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency. Participation in a counseling or rehabilitation program will be at the employee' s won own expense or pursuant to coverage under an employee' s own benefit plan. If the employee Wither either refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program, and alcohol or drug abuse prevents, the employee from performing the essential functions, of thc job in question or constitutes a direct threat to property or thc safety of other or otherwise constitutes a bona fide occupational qualification, the employer will recommend to the City Council that the employee be discharged from employment. 2 . Second Positive Test Result: Where alcohol or drug abuse prevents the employee from performing the essential function of the job in question or constitutes a direct threat to property or the safety of others or otherwise constitutes a bona fide occupational qualification, If an employee experiences a positive test result on a second confirmatory test, other than a confirmatory retest, the employer will recommend to the City Council that the employee be disciplined; including, but not limited to, discharge from employment. 3 . Suspensions and Transfers: Notwithstanding any other provisions herein, the employer may temporarily suspend the tested employee with pay for up to 90 days or transfer that employee to another position at the same rate of pay pending the outcome of the confirmatory test and, if requested, the confirmatory retest, provided the employer believes that it is rea3onable reasonably necessary to protect the health or safety of the employee, co-employees, or the public. 13il 4 . Other Misconduct: Nothing in this policy limits the right of the employer to discipline or discharge an employee on grounds other than a positive test result in a confirmatory test, including conviction e€ under any criminal drug statute for a violation occurring in the workplace. 9 . Data Privacy The employer will not disclose the test result reports and other information acquired in the drug or alcohol testing process to another employer or to a third party individual, governmental agency, or private organization without the written consent of the employee tested, unless permitted by law or court order. 10. Rights of Employees An employee has a right to offer the employer a written explanation of a positive test result on a confirmatory test within three working days after notice of the positive test result, and has a right to request within five working days after notice of a positive test result a confirmatory retest of the original sample at another licensed testing laboratory at the employee' s or job applicant' s own expense. 11. Appeal Procedure Employees may appeal decisions made by the employer under this policy through the remedies available through their collective bargaining units. Employees who are not represented by a collective bargaining unit, may appeal decisions through remedies as defined in Section 18 and Section 20, Subd. 4 of the City' s Personnel Policy. The City will not retaliate against an employee for pursuing an appeal or the other remedies provided in Minn. Stat. 181. 956 . 12 . Good Faith Effort The City of Shakopee will make a continuing good faith effort to maintain a drug-free workplace through the implementation of its Drug and Alcohol Testing Policy. -- 9 _ / 3� CITY OF SHAKOPEE * * * NOTIFICATION FORM AND CONSENT FOR DRUG AND ALCOHOL TESTING I acknowledge that I have seen and read the City of Shakopee Drug and Alcohol Testing Policy. I hereby consent to undergo drug and/or alcohol testing pursuant to said policy, and I authorize a the collection of a urine, blood and/or breath sample from me for those purposes. I understand that the procedure employed in this process will ensure the integrity of the sample and is designed to comply with medicolegal requirements. I understand that the results of this drug and alcohol testing may be discussed with and/or made available to my employer, the City of Shakopee. I further understand, that the results of this testing may affect my employment status, as described in the policy. I am currently taking, or have recently (within the last month) taken, the following over-the-counter or prescription medications (if none, write "none") : Other information relevant to the reliability of, or explanation for, a positive test result, (if none, write "none") : Signature Date Witness Date CITY OF SHAKOPEE * * * I hereby refuse to submit to a drug or alcohol test. I havc sccn acknowledge that I have seen and read a copy of the Drug and Alcohol Testing Policy of the City and understand that a refusal to submit to testing may oubjcct me result in to discipline including, but not limited to, discharge. Signature Date Witness Date l © /3 0 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Future Projects For Possible TIF Funding DATE: July 30, 1990 Introduction Council has requested information on other possible uses of TIF funds for project costs. Background Earlier this year Council was reviewing TIF status and requested information on the possible use of TIF for other projects. Subject to confirmation by bond council, it appears to me that Council has the option to use TIF funds on hand (can not issue more bonds supported by existing districts) for three projects. 1: The depot area project might be considered part of the downtown project funded by TIF. 2: First Ave is a part of the whole downtown project but funding for this phase is not in place. 3: The next phase of the upper valley drainage way. When the storm drainage utility was set up, there were seven projects proposed. TIF was proposed to fund a percentage of each of those projects. In the short run, Council used TIF early in the list of projects for all funding, in effect shifting TIF from the later projects to the early projects and user fees collected with earlier projects to fund later projects. Council has used already used the total amount of TIF planned for the original projects. It must be noted that the availability of TIF is greatly restricted compared to when the storm utility was established. Any use of TIF funds on hand in the TIF trust fund for these or any other projects would make less funds available for early retirement of TIF bonds and subsequent closure of TIF districts. I believe that there is some expectation from part of the populace that Council will not use TIF trust funds for any more projects. / MEMO TO: Dennis Kraft, City Administrator / FROM: Dave Hutton, Public Works Directory SUBJECT: Adams Street, Project No. 1990-3 DATE: July 30, 1990 INTRODUCTION & BACKGROUND: At its July 17 , 1990 meeting, the City Council of Shakopee moved to have staff add sewer and watermain stubs east of Adams Street at 4th and 5th Avenue into the prison property. The reason for adding these stubs was to eliminate the need to tear up Adams Street at a later date to install utilities should 4th and 5th Avenues ever be constructed through the prison property. Following the City Council meeting staff researched this proposal to find out if it would be feasible. Subsequently, I have determined that the watermain on 5th Avenue is already stubbed out to the center of the prison property as shown on the attached drawing. Also, in 1988 when sewer was installed in 6th Avenue a 15 inch sewer stub was installed out to the right-of-way on 5th Avenue towards the prison property. Also, the watermain at 4th Avenue and Adams Street is already located along the east boulevard as shown on the attached drawing, so a stub would not be necessary should 4th Avenue ever be constructed. (The existing watermain could be tied into directly without affecting any of the new pavement) Based on the above information, staff feels that the existing utilities are more than adequate to serve the prison property or to extend 4th/5th Avenues without affecting the new pavement proposed on Adams Street. Therefore, staff is requesting that the City Council rescind their motion from the July 17th meeting directing staff to stub out the sewer and watermains on Adams Street at 4th and 5th Avenues. ACTION REQUESTED: Move to rescind the July 17 , 1990 City Council motion directing staff to install utility stubs going east on Adams Street at 4th and 5th Avenues for the Adams Street Project No. 1990-3 . DH/pmp ADAMS / 33 1414 f A / g. .r • GATE VALVE / _ , S • Fes, WATERMAIN 4- T-4/.. , ''j - HYDR1, ', ;1• ;. • /: SANITARY SEWER '--- / ;i CN -0, / , , , ,•••'' / . '14 C4'.1*; ;;?5 .1.11111.1111111111.1111.111PA°161;F---.4 ..... • "; ' •- ree . . vii. _ f tts . . ; \ 1- -1 4- t 1 ,4 , i - • ' , t • 1111Sivehi.-Ns /,',/ ., - , ti \ \ .... VII s �. Sitjl \.t . 111A • ,- j11 ' " ./..' //./ `1 i 1 \ , '�tI SANCTA may. :,41 e RIv[Rn(* _. ` gTUg •/ / Pt RK ' 1 41,74.“.. rx.-- 1\ • •t• • \'".----'--- / , 1 ` 1 1 / / CO 001 voi0001111.1•_4 // 7 \ \ 1\ \\ ..% , i' /6 \ \ 1 \6:1. '1- i - -1'.H. 1STATE FARM • �F j c. I �.. •. r Q 1,1 4'� ' 3•: .. . �� '' I : + `- 1'1 ; gar '• - ` -'-• `-e- • �v_ - . 13A' MEMO TO: Dennis Kraft, City Administrator — )� //,o/ FROM: Dave Hutton, Public Works Direct r /r SUBJECT: Shakopee Bypass Noise Variance DATE: August 2 , 1990 BACKGROUND: On July 26, 1990 Mr. Bill Crawford, District Engineer for Mn/ DOT attended the Scott County Transportation Coalition Meeting to present the final construction staging plan for the Shakopee Bypass. This meeting was attended by Coalition members, the County Board, the City Council, concerned citizens and the press. I will not reiterate the discussion that was presented regarding the proposed staging and project cutbacks due to inadequate funding as I believe all Council members are aware of the proposal. The Scott County Transportation Coalition will be contacting all members in the near future on a unified plan of action to react to this proposal . At this July 26, 1990 meeting, Mr. Crawford also informed the group that Mn/DOT has been denied their requested variance to noise standards by the Minnesota Pollution Control Agency and that the project has been delayed until this issue can be resolved. The first bid letting scheduled for July 27, 1990 has been postponed indefinitely due to the failure of Mn/DOT to obtain this variance. Attached is a News Release staff recently received regarding the delaying of the Shakopee Bypass Contract. The Pollution Control Agency has given Mn/DOT 30 days to resolve the noise issue at the Schmitz parcel or the variance will stand denied. If denied, Mn/DOT must start the whole variance process over, resubmit the application and essentially develop a new proposal or revise the design in such a way that new information could be presented to the PCA that would enable them to reverse their decision. If you recall , the City of Shakopee submitted a letter to Mn/DOT in February, 1990 opposing the variance request. Based on this latest development that was presented by Mr. Crawford, staff feels that the City Council may wish to discuss this issue at its August 7 , 1990 meeting. In anticipation of that discussion, staff has researched various options and questions regarding any City action in this matter, several of which have been proposed by various Council members. 3it( ALTERNATIVES: 1. The City of Shakopee purchases and relocates the Schmitz home. Based on a recent appraisal on the property, this house is estimated to have a market value of $90, 000 - $94 , 000. Mn/DOT cannot legally purchase the house since the property is not required to construct the Bypass and noise is not recognized as a legitimate reason for property acquisition on public projects. The City of Shakopee may be under the same State guidelines for acquiring property and the Assistant City Attorney is researching that. It has been suggested that if the City buys the property, that money could be credited to the City for its $1. 0 million dollar contribution. According to Mr. Crawford, that is not possible because if that were the case in essence Mn/DOT would be purchasing the property and they are unwilling to set such a precedence. 2 . At the variance hearings, the property owners requested compensation in the amount of $20, 000 for the variance. They did not request to be purchased. Mn/DOT is unwilling to provide compensation for noise because they would be setting a precedence for all future highway projects, which would result in extremely large expenses to the taxpayers of Minnesota. The City may be able to offer this compensation if desired, but again the Assistant City Attorney is researching this. The $20, 000 could not be credited to our $1. 0 million contribution for the same reasons as listed above. 3 . Submit a letter or resolution supporting the variance. This would reverse the earlier position of Council from its February, 1990 action. 4 . Do nothing and let Mn/DOT work this out with the PCA. In talking to Mn/DOT, they will be submitting a proposal to install a tree barrier along the Schmitz ' s home to shield it from the noise. This will be presented at the next PCA Board meeting on or about August 25, 1990. Mr. Crawford has indicated to staff that if the City Council of Shakopee were to support that proposal and then also support the variance request, that the variance would probably have a good chance of being approved. Staff also has available the entire packet of information that was submitted for the PCA Board, including PCA staff memos, findings of fact, correspondence from Mn/DOT and the City of Shakopee, testimony from the property owner' s attorney and an appraisal report of the subject property. Due to the volume of this / 3k information it was not provided to Council but is available for review in the Engineering Department. ACTION REQUESTED: Staff has provided the above information for discussion purposes only. Council should direct staff to take whatever appropriate action is desired. DH/pmp otNESOt M n/DOT b r NeWS MINNESOTA r �,5� 1990 OF TPP /3k Date: July 27, 1990 To be Released: IMMEDIATELY SHAKOPEE BYPASS CONTRACT DELAYED Minneapolis (July 27, 1990) - - The letting of a contract for the first stage of the Shakopee Bypass (Hwy. 101) has been delayed because the project did not receive approval for a variance in state noise standards, the Minnesota Department of Transportation announced. In a vote Tuesday, the Board of the Minnesota Pollution Control Agency (MPCA) denied a variance for the project's indirect source permit, which is necessary to build the Shakopee bypass. The variance that Mn/DOT seeks is to exceed the nighttime noise standards. These standards require a noise level of no more than 55 dBA between 10 P.M. and 7 A.M. On one portion of the project, the noise level at a nearby residence is expected to reach 62 dBA between 6 and 7 A.M. The noise variance must be approved by the MPCA for the entire project, although the residence would not be affected by the first phase of construction, state transportation officials said. State and local officials are working together to resolve the issue within the next 30 days. At stake is the $24 million project to build a nine-mile highway from Savage to Jackson Township during the next four years. A contract for the first stage, the eastern connection for the bypass and a bridge over the Chicago Northwestern Railroad tracks, was scheduled to be let Friday July, 27. The $3.25 million project was scheduled to begin this Minnesota Department of Transportation/District 5, 2055 N. 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W c+ C) a C) o H o a sr o CD CD cD cD rn rn rn rn m 0-3 H ON N H C] BBS B U] i-y y r• r r r r r r• r• W ("1 al c+ c+ c+ c+ c+ c+ c+ c+ II 'G w N\0 FH-+ 0� cam+ T1 d Cl) 'T1 3 `+7 TJ Cl) ap ►9C H -I H v i go C1 CO tTJ (D 'O p1 (D H H H a C x7 �-h 0 °< a n H H a► w - 0)0 Cl) a CD ►t r• D> r ow � o 0o m °o 0, to H 0 H C] H H 11 r m O' cn 0 CD tri aa '0 W P n H. < t=1 w LA) w w C..J W w LA) (.i.w W w co w (A) C) N N N N N N N N N N N N N N x '.O OD Co CO OD OD OD CO OD OD OD CO OD CO OD • 0 co 1 -41 1 1 1 1 1 1 111 1 0 'O OD co l ON vt - w N H H H 0 0 H C = 3 H b ' H x _ : s 3 0 < a K a s OD Z ,n a a o c) • o to o 11H E O O CZ P ry P Z I Cl) I-) c< x Z c+ al m O N Cl) Cl)p 0 r. o' x C cn CD 0 0 cD = c+m 0 - C) THO x \O H • N 'O - H 1 wa B v0 \O \O � vt '0 vii ON\ Off\ c+vt H v1 CO 0 1 0 v1 07 • 0 Cu O \O1OOOv1 H 0 —1 0 \O •P-- 0 0 0 N OD CONSENT l 3 nry MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Application for Temporary Beer License - St. Mary's DATE: August 2 , 1990 INTRODUCTION AND BACKGROUND: St. Mary's Catholic Church has applied for a temporary 3 .2 beer license for Sunday, August 26th, for their church festival . Their application has been reviewed by the city attorney and is in order. RECOMMENDED ACTION: Move to approve the application and grant a temporary on sale non intoxicating malt liquor license for August 26, 1990 to St. Mary' s Catholic Church, 538 So. Lewis Street. CONSENT 176 n. MEMO TO: Dennis R. Kraft, City Adm istrator FROM: Judith S. Cox, City Clerk, 1 RE: Senior Community Services Employment Program DATE: August 3 , 1990 INTRODUCTION: The City has the opportunity to renew its contract with Scott County Human Services and continue the City' s participation in the Senior Community Services Employment Program. BACKGROUND: Since October of 1986, the City has been participating in the Senior Community Services Employment Program of Scott County. The program provides part-time subsidized employment opportunities for eligible individuals in jobs providing services to the elderly and the general community. Since the fall of 1986, Hazel Ecklund has been working 2 1/2 hours per day under the program in the City Clerk' s office. She has been purging records according to the records retention schedule adopted by the City Council previously. She has completed the purging and is now getting permanent records ready for microfilming. She will then microfilm them. If her work is completed before the contract expires, upon notification, the County will place her in another position elsewhere. Total compensation is provided by the County. The agreement is for the period beginning July 1, 1990 and ending June 30, 1991. It is identical to the previous agreements. A copy is on file in Judy' s office, if anyone desires to look at it. ALTERNATIVES: 1. Renew agreement. 2 . Do not renew agreement. RECOMMENDED ACTION: Authorize proper City officials to enter into a public sector work site agreement with the County of Scott for the delivery of employment and training services through the Senior Community Services Employment Program. JSC/tiv TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: ISD 720 Referendum and TIF Revenues DATE: July 17, 1990 Introduction City Council directed that a Resolution be prepared addressing TIF revenues due to the 1989 school referendum being remitted to ISD 720. Background See attached memo dated 6/28/90. Council discussed this memo at the July 3, 1990 meeting and decided to proceed with the preparation of a resolution based upon method number three for calculating the TIF referendum amount. Alternatives 1. Offer Resolution. 2. Offer Resolution as amended. 3. Do not offer Resolution. Recommendation Alternative number 1. Action Move to offer Resolution Number 3258 A Resolution Agreeing to The Remittance of Tax Increment Revenues Generated by the ISD 720 Tax Referendum From the City to the School District and move its adoption. TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: ISD 720 Referendum and TIF Revenues DATE: June 28, 1990 Introduction City Council and the School Board need to reach an agreement if TIF revenues due the 1989 school referendum is to be remitted to the schools. Background The City Council and the School Board had reached an agreement on remitting TIF revenues due to the School referendum back to the school based on the previous approved referendum. It appears to me that due to the very specific wording of the agreement based on the previous referendum, that the agreement for remitting TIF revenue is no longer in effect. Therefore, the two bodies would have to reach a new agreement before TIF revenues due to the referendum could be remitted to the school district. Please see attached ballot from the 1989 referendum. There appears to be three ways to calculate how much TIF revenue to send to the school district once an agreement is reached. One is to take the ballot rate of 18.328% as a percent of the total tax rate of 101.304% which equals 18.09% and apply that to the TIF tax collections. Assuming that all parcels paid their taxes, the City would remit $505,767 to the School District. Second method would be to take the actual referendum levy of $1,880,000 (as shown on the ballot) as a percent of the total school levy of $6,602,627 which equals 28.48%. Apply that percentage to the school tax rate of 45.748% for a rate of 13.029% which is then applied to the TIF tax collections yielding an amount of $359,540 to remit to the school assuming again that all tax bills were collected. The third method is to figure what the school tax rate would have been without the referendum (26.468%) , subtract that from the total school rate (45.748%) , and apply the result (19.277%) as a percent of the total tax rate (19.277/101.304 = 19.029%) . Use that percent times the TIF tax collections yielding an amount of $531,955 to remit to the school assuming that all tax bills were collected. After discussions with the County Auditor, The ISD 720 Finance Officer, and personnel at the state Department of Revenue - Local Government Aids Division, it appears that method three is the appropriate method to use. For reference, MSA 469.177, Subd. 10 states ". . . upon approval by a majority vote of the governing body of the municipality and the school board, the authority must pay to the school district an amount of increment equal to the increment that is attributable to the increase in the tax capacity rate under the referendum" . Based on current collections for the first half of pay 1990 taxes, the amount to remit to the school district is $264,723. All of the above information is a calculation of the maximum TIF that could be remitted to ISD 720 for pay 1990 if that is what the two bodies agree on inaccordance with MSA 469.777, Subd. 10. Recommendation Direct staff to prepare a resolution which approves remitting to ISD 720 the amount of tax increment generated by the school referendum. If the two bodies agree on this simple approach, there appears to be no need for a more formal and complex agreement such as was executed for the previous referendum. If Council or the School Board wants more restrictions in an agreement as to amounts or terms of the length of the TIF remittance arrangement, direction should be given to staff or a meeting set to discuss the issues with the School Board. Resolution No. 3258 A Resolution Agreeing To The Remittance Of Tax Increment Revenues Generated By The ISD 720 Tax Referendum From The City To ISD 720 Whereas, ISD 720 did have a tax increase referendum pass in November 1989, and Whereas, MSA 469.177, Subd. 10 states " . . . upon approval by a majority vote of the governing body of the municipality and the school board, the authority must pay to the school district an amount of increment equal to the increment that is attributable to the increase in the tax capacity rate under the referendum", and Whereas, The City of Shakopee and ISD 720 agree the amount of remittance shall be determined by calculating what the school tax rate on the "School Tax Report" prepared by the County Auditor would have been without the 1989 referendum compared to what the rate is with the referendum and applying that differential to the tax increment collections, NOW THEREFORE BE IT RESOLVED BY THE City Council of the City of Shakopee, Minnesota, that the City of Shakopee agrees that the amount of tax increment remittance from the City of Shakopee to ISD 720 shall be determined by calculating what the school tax rate on the "School Tax Report" prepared by the County Auditor would have been without the 1989 referendum compared to what the rate is with the referendum and applying that differential to tax increment collections for that year. For taxes payable in 1990, the remittance would be $531,955 if all taxes were collected. BE IT FURTHER RESOLVED that this resolution shall be in full force and effect after adoption of a corresponding resolution by ISD 720 School Board and City staff is authorized to take any actions necessary to implement this agreement and to make remittances in accordance with these provisions. 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 this day of , 1990. City Attorney CON $ENT i 1 b MEMO TO: Dennis R. Kraft, City Administrator 1 L C FROM: Judith S. Cox, City ClerkCr_ RE: Appointment of Election Judges & Designating Polling Places DATE: August 1, 1990 INTRODUCTION AND BACKGROUND: Minnesota State Statutes require that election judges be appointed by the governing body 25 days prior to the election. The attached resolution (#3261) appoints judges for the September 11th Primary Election. All judges have been contacted and have agreed to attend the required training session and to work for the election. The compensation for the judges contained in the resolution is the same as last year and has been budgeted. The attached Resolution No. 3260 designates the polling places for the five precincts in Shakopee. The only change to this resolution from the previous resolution designating polling places is that the polling place for the 5th precinct has been changed from the Christ Lutheran Church to the Shakopee Community Youth Center. This is in follow up to Council direction at the last council meeting. RECOMMENDED ACTION: 1. Offer Resolution No. 3260, A Resolution Designating Five Polling Places for all Election Precincts in the City of Shakopee, and move its adoption. 2 . Offer Resolution No. 3261, A Resolution Appointing Judges of Election and Establishing Compensation, and move its adoption. iffr ,./ e_ RESOLUTION NO. 3261 A RESOLUTION APPOINTING JUDGES OF ELECTION, AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that: 1 . The following persons are hereby appointed Judges of Election for the five polling precincts with the City of Shakopee designated in Resolution No. 3260, adopted August 7, 1990 : FIRST PRECINCT: Regular Judges Dorothy Breimhorst Winnie Anderson, Chair Marie Kocks Claude Kolb Ruth O'Rielly , Hazel Eckland SECOND PRECINCT: Regular Judges Beryl Barrett Marcella Schmidt, Chair Marilyn Lang Susan Stolareck Dorothy Kolb THIRD PRECINCT: Regular Judges Mark Suel Maetta Jurewicz, Chair Joyce Schwartz Loretta Jaspers Darlene Meuwissen Len Kelzer Ethel Dorr FOURTH PRECINCT: Regular Judges Lillian Weinandt, Chair Kathy Gerlock Edna Wangerin Karen Beard Marilyn Johnson FIFTH PRECINCT: l FIFTH PRECINCT: Regular Judges Virgilla Geske, Chair Thea May Rudy Maurine Agnes Horeish Carol Uhrhammer 2 . The Election Judges shall be compensated for their work at the rate of $4 . 00 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $4 . 50 per hour. 3 . The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms, intents, and purposes of this Resolution. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th day of August, 1990. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1990. City Attorney RESOLUTION NO. 3260 A RESOLUTION DESIGNATING FIVE POLLING PLACES FOR ALL ELECTION PRECINCTS IN THE CITY OF SHAKOPEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, that there shall be five (5) polling places for five election precincts in the City of Shakopee for the upcoming elections, and the polling places are hereby designated as follows: First Precinct - Fire Station - 334 West 2nd Avenue Second Precinct - Shakopee Public Library - 235 South Lewis Third Precinct - Presbyterian Church - 909 S . Marschall Rd Fourth Precinct - Eagle Creek Thrift Shop - Jct. C.R. 83 & C.R. 16 Fifth Precinct - Shakopee Community Youth Building - 1121 West 11th Avenue (Lion' s Park) BE IT FURTHER RESOLVED that this Resolution supersedes Resolution No. 2021. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th day of August, 1990 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1990 . City Attorney R E V I E3 E D #ILI C . RESOLUTION NO. 3261 A RESOLUTION APPOINTING JUDGES OF ELECTION, AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that: 1. The following persons are hereby appointed Judges of Election for the five polling precincts with the City of Shakopee designated in Resolution No. 3260, adopted August 7, 1990: FIRST PRECINCT: Regular Judges Dorothy Breimhorst Winnie Anderson, Chair Marie Kocks Claude Kolb Ruth O'Rielly Susan Niewind Hazel Eckland SECOND PRECINCT: Regular Judges Beryl Barrett Marcella Schmidt, Chair Marilyn Lang Susan Stolareck Dorothy Kolb THIRD PRECINCT: Regular Judges Mark Suel Maetta Jurewicz, Chair Joyce Schwartz Loretta Jaspers Darlene Meuwissen Len Kelzer Ethel Dorr FOURTH PRECINCT: Regular Judges Lillian Weinandt, Chair Kathy Gerlock Edna Wangerin Karen Beard Marilyn Johnson FIFTH PRECINCT: Regular Judges Virgilla Geske, Chair Thea May Rudy Maurine Agnes Horeish Carol Uhrhammer 2 . The Election Judges shall be compensated for their work at the rate of $4 . 00 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $4 . 50 per hour. 3 . The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms, intents, and purposes of this Resolution. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th day of August, 1990. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1990. City Attorney CONSi'!T /4/c/ MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director () I SUBJECT: Valley Industrial Blvd. North DATE: July 31, 1990 INTRODUCTION: Attached is Resolution No. 3262, which authorizes the execution of a license agreement with the Chicago and Northwestern Transportation Company for installing a storm sewer across their tracks as part of the Valley Industrial Blvd. North Project. BACKGROUND: The Chicago and Northwestern (C&NW) Transportation Company requires the City of Shakopee to obtain a license agreement with them for any utilities that cross their tracks. As part of the Valley Industrial Boulevard North Project, a new 21 inch culvert is needed to provide adequate storm water drainage for the street ditches and adjoining drainage area. Attached is a license agreement from the C&NW covering this installation. The C&NW has two fee schedules for license agreements regarding municipal utilities. One fee is an annual fee of $180 . 00 per year that runs as long as the structure is within their property. The second fee is a one time fee of $1, 800 . 00 covering the agreement for as long as the City needs it. Because this culvert will undoubtedly be under their tracks for a very long time and certainly more than 10 years, staff recommends utilizing the one time fee of $1, 800. 00. The $1, 800. 00 fee could either be funded out of the Storm Drainage Utility Fund or included in the special assessments for this project as part of the overall project costs. Typically, the Storm Drainage Utility Fund is used for constructing new improvements while any permit fees are included in the project costs. There is also a one time processing fee of $150. 00 for preparing the agreement. Attached is Resolution No. 3262 , which authorizes the appropriate City officials to execute the attached license agreement with the C&NW Transportation Company. ALTERNATIVES: 1. Adopt Resolution No. 3262 . 2 . Deny Resolution No. 3262 . RECOMMENDATION: Staff recommends Alternative No. 1. The Finance Director recommends charging the permit fees back to the overall project costs rather than utilize the Storm Drainage Utility Fund. ACTION REQUESTED: 1. Offer Resolution No. 3262 , A Resolution Authorizing the City of Shakopee to Enter into a License Agreement with the Chicago and Northwestern Transportation Company for Valley Industrial Boulevard North, Project No. 1990-8 and move its adoption. 2 . Direct staff to submit payment to the Chicago & Northwestern Transportation Company in the amount of $1, 950. 00, to be funded by inclusion in the overall project costs and special assessed. DH/pmp MEM RESOLUTION NO. 3262 A Resolution Authorizing the City of Shakopee To Enter Into A License Agreement with the Chicago and Northwestern Transportation Company For Valley Industrial Boulevard North Project No. 1990-8 WHEREAS, the City of Shakopee will be reconstructing Valley Industrial Boulevard North from Valley Park Drive to C.R. 83 ; and WHEREAS, a 21 inch storm sewer culvert is needed across the Chicago and Northwestern Transportation Company' s property in order to provide adequate drainage facilities for the subject street and adjoining drainage areas and to ensure the safety of City of Shakopee residents and the traveling public; and WHEREAS, the proposed storm sewer will benefit the Chicago and Northwestern Transportation Company by providing a drainage facility to provide the property conveyance of storm water along its property; and WHEREAS, the Chicago and Northwestern Transportation Company requires a License Agreement to be executed to cover the terms for allowing this storm sewer installation. NOW, THEREFORE IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAROPEE, MINNESOTA: Enter into the attached License Agreement with the Chicago and Northwestern Transportation Company for the installation of a 21 inch storm sewer pipe in association with the Valley Industrial Boulevard North, Project No. 1990-8 . Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 . City Attorney /I/ 0& Form 2036 - Page 1 Revised 1981 CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY (hereinafter called "Company" ) hereby licenses CITY OF SHAKOPEE, MINNESOTA, (hereinafter called "Licensee") to construct, maintain and use a 21" storm drain (hereinafter called "facility" ) upon the property and under the track of the Company at Valley Park, Minnesota in the location and position, and in accordance with the specifications shown on map dated June 20, 1990 hereto attached marked Exhibit "A" and, by this reference, made a part hereof. The foregoing license is given upon such express terms and conditions as are inserted below, as well as those contained upon the subsequent printed pages , and should the Licensee at any time violate any of said terms or conditions, or use or attempt to use said facility for any other or different purpose than that above specified, then the Company may, at its option, immediately revoke this license. The foregoing license is subject to the following conditions: The Licensee shall require its ' contractor to furnish the Company a certificate of insur- ance, with the Company named as additional insured, showing amounts and types of insurance carried by the contractor which shall provide public liability insurance for bodily injury and property damage on behalf of the Company in an amount of not less than $2,000,000 combined single limits per occurrence. The certificate shall contain a commitment by the insurance company that it will give the Company thirty days advance notice of any cancellation of or change in the insurance coverage shown on such certificate. Such insurance is to be approved by the Company before the Licensee permits the contractor to proceed with the construction of said facility. For the privileges herein permitted the Licensee shall pay to the Company, in advance, the sum of One Thousand Eight Hundred Dollars ($1,800.00) . FIRST. The work of construction and maintenance shall be done and completed in good and workmanlike manner at the sole expense of the said Licensee. Said work shall be done in such manner as in no way to interfere with or endanger the use of the property or tracks of the Company , or the operation thereon of any engines, cars or trains. The Chief Engineer of the Company shall have the right to inspect such work from time to time and to require such changes to be made as will in his opinion decrease the hazards incident to said facility; but any such inspection or required changes or any failure to so inspect, or to require changes to be made, shall not effect any of the obligations assumed by the said Licensee hereunder. SECOND. The said Licensee shall bear the cost of all protection which the company may require for its tracks or property during construction and maintenance hereby authorized and of all repairs, changes, additions or betterments to said Company 's track or property made neces- sary on account of same. If in the judgement of the Company it shall be necessary to provide support for its tracks during the work of construction or maintenance the Company will provide such support, and the entire cost thereof will be paid by the said Licensee promptly upon re- ceipt of bill therefor. Form 2036 - Page 2 Revised 1981 THIRD. The Licensee shall pay all taxes, general and special , license fees or other charges which may become due or which may be assessed against the premises of the Company because of the construction, existence, operation or use of said facility, the Licensee, or the business conducted in connection with said facility, and shall reimburse the Company for any such taxes, license fees or other charge which may be paid by the Conpany promptly upon the presentation by the Company of bills therefor. FOURTH. The said Licensee will give to the Chief Engineer of the Company at least ten days' notice in writing before entering upon the right of way of the Company for construction purposes, or for the purpose of making necessary repairs. The Company reserves the right to judge of the necessity of repairs to said facility, and to reouire the Licensee to make such repairs upon ten days ' notice in writing. In such case, said Licensee may enter upon said right of way without the ten days' notice above referred to, and shall proceed forthwith to make such repairs, and upon failure to do so within ten days, the Conpany shall have the right to make said repairs and collect the entire cost thereof from the Licensee. The Company reserves the right, in case in its opinion the safety of its tracks or property demands it, to make emergency repairs without notice to the Licensee and to collect the cost thereof from Licensee as herein provided. FIFTH. Licensee agrees that in the construction, maintenance, and use of the facility, _it will comply with all applicable laws, including, but not limited to, any laws, standards , regulations, or permit requirements relating to environmental pollution or contamination or to occupational health and safety; and Licensee agrees to indemnify and hold harmless the Company from any and all claims, demands, lawsuit, or liability for loss, fines, damage, injury, and death and all expenses and costs, including attorneys' fees, resulting from or arising out of the construction, maintenance, or use of the facility, including any discharge or emission therefrom or for the violation of any law, standard, regulation, or permit requirement relating to environmental pollution or contamination, or to occupational health and safety. SIXTH. It is understood by the Licensee that said facility is subject to and may increase the dangers and hazards of the operation of the railroad of the Company, and that this license is subject to all risks thereof. Therefore, and as a material consideration to the Company for entering into this license and without which the Company will not enter same, *`r Licensee agrees to assume and pay for all loss or damage to property whatsoever, and injury to or death of any person, or persons whomsoever, including all costs and expenses incident thereto, however arising from or in connection with existence, construction, maintenance, repair, renewal , reconstruction, operation, use or removal of said facility, or any defect therein or failure thereof, or the failure of the Licensee or members, officers, agents or employees of the Licensee to abide by or comply with any of the terms or conditions of this license; and the Licensee forever indemnifies the Company against and agrees to save it harmless from any and all claims, demands, lawsuits or liability for any such loss, damage, injury and death, costs and expense, even though the operation of the Company's railroad may have caused or contributed thereto. Notice to or knowledge by the Company of any act or omission by the Licensee which is or might be a breach by the Licensee of any of the terms or conditions of this Agreement to be performed by the Licensee, and the acquiescense by tie Company in or to such act or omission, shall neither be considered to relieve the Licensee of any obligation assumed by it under this paragraph nor be considered to be a waiver or release by the Company of any rights granted to it under this paragraph. SEVENTH. The Company reserves the right to use, occupy and enjoy its tracks, property and right of way, for such purpose, in such manner, and at such time as it shall desire, the same as if this instrument had not been executed by it. If any such use shall necessitate any change, repair, renewal , removal or relocation of said facility, or any part thereof, the Licensee shall perform such work at such time as the Company may approve and if the Licensee fails to do so such work may be performed by the Company at the expense of the Licensee and the said Company shall not be liable to the Licensee on account of any damage growing out of any use which the Company may make of its tracks, property and right of way. In case any of the terms or provisions of this license have been performed or carried out prior to the actual date of execution hereof, it is understood and agreed that this license shall nevertheless be of the same force and effect as though same had been executed by the parties prior to such performance. Form 2036 - Page 3A Revised 1981 EIGHTH. The Company shall have the right at any time to revoke this license by giving thirty days ' notice in writing to the Licensee and at the expiration of the time limited by said notice, or upon any other revocation of this license, the Licensee shall promptly, and i - the manner directed by said Chief Engineer, remove all construction hereby authorized from the premises of the Company and leave said premises in the same condition in which they were before the installation of the same. Upon default of the Licensee so to do, the Company may remove the same and restore its premises, and the Licensee will promptly pay to the Company the cost of so doing. NINTH. The waiver of a breach of any of the terms or conditions hereof shall be limited to the act or acts constituting such breach, and shall never be construed as being a continuing or permanent waiver of any such terms or conditions, all of which shall be and remain in full force and effect as to futurs acts or happenings, notwithstanding any such wai ver. TENTH. This license is personal to said Licensee and is not assignable or transferable, without the written consent of the Company being first obtained. ELEVENTH. In further consideration of the Company's giving to the Licensee the rights an: privileges above specified, the Licensee, by the acceptance of this license, hereby agrees tha: it will not levy or assess any special tax or special assessment against Company or against or upon Company's properties for the construction or use of the improvement of which said facilit: is a part; and, the Licensee hereby forever indemnifies Company against and agrees to save Company harmless from any and all claims, demands, lawsuits or liability whatsoever for any such special tax or special assessment. If notwithstanding the foregoing provisions any such special tax or special assessment shall be levied or assessed upon or against said Company's properties, the Company shall have the following elections to wit: (a) Company may make such payments as may be necessary to satisfy and discharge any lien: for such special tax or special assessment and in case of such payment the Licensee agrees to make repayment on demand with interest at the rate of five per cent (5%) per annum from the date of such payment so made by Company. (b) Company may file this license agreement for recording in the office of the Recorder of Deeds of the county in which said properties are located and such filing shall constitute a complete discharge and release of any lien against said Company's properties for such special tax or special assessment. (c) Company may terminate this license by filing notice of termination with such Recorde- of Deeds for recording and forwarding a copy thereof through certified or registerec mail , postage prepaid to Licensee whereupon all rights, privileges and interests herein granted to Licensee shall immediately cease and determine with the right of Company to make immediate re-entry and without any further obligations or any liability on the part of Company in respect to any payments, setoffs, counterclaims , recoupment, crossbills or cross demands. All rights, remedies and elections of Company shall be cumulative. TWELFTH. Licensee further agrees that there is no benefit to the Company's properties , either for railroad use or for any possible use in the future from the construction of the facility or project of which said facility is a part. Form 2036 - Page 4A Revised 1981 In Witness Whereof this instrument is executed this day of ,19 ATTEST: CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY By Assistant Secretary Vice President - Engineering Pursuant to authority granted by resolution of the of the CITY OF SHAKOPEE, MINNESOTA, adopted The undersigned, the Licensee mentioned in the foregoing license, hereby accepts the same subject to the terms and conditions therein stated. CITY OF SHAKOPEE, MINNESOTA Attest: By (Seal ) Mayor By City Clerk ` - _. - . . `\ • • f - • _ - 1 111.44 ii-�Y?..Ti:1 2. .. i ,` `(�.K' T 4 •j,� ! t t F 4S • ••71,.....••• iA:~• •• C�1• .P t. 'Yr .�.j '. :: rw - = }� - • f ,� • ••••..."11..........-.......1. ..110.2C...:1: r _ �r ;it-- .-P-. 1:, b .. - - La f •rt - � 6 � � '�61--� 1GASEMQIT. � +ter-am.w .. _ f Asa. .�j • -.707.40/4:_i, u+ •.- 4 lifig. •" .�„Rf: lS4• — '• awl-9 ro NOR}11 sTihn assirmakAto 0ryir4001445044. 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Tw. x,;�ti 5-1 -yt�r: _ 341•,+$ ,pY�.� ""4.*•;••: �IlaIC Vit. J ,- •[{}►1,_..1-4:tl aK 'c t --' S: �+t { !",1•- _,-4, .Re' .��}./y��}i yam:�■ •�.�/ --•, �f' .K•SwL • M �V N,'i.M "7 -R,St:F� -- t Y-_. ..i �, Sr '4� y Ala•1{ • ••-.."'<'"•i5.�•T•i•••wV I 1 7 f a 17 -C .1..�.,1� �.�+i.. • ..f-`�. q� ..„........t„: .,,a 21 R C.PCL .3g . . :, - - A . ,t <r .- ?i 3 A1: / 1Q MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director ,, 0a/ SUBJECT: Sidewalk Replacement Project DATE: July 31, 1990 INTRODUCTION: Attached is Resolution No. 3263 , which orders a public hearing for the Sidewalk Replacement Program. BACKGROUND: In 1989 the City Council adopted a policy whereby all sidewalk replacement in Shakopee would be funded 50% by the abutting property owner and 50% by the City of Shakopee. The City Council also indicated that the Capital Improvements Program would include $25, 000. 00 a year for annual sidewalk replacement. The Engineering Department has divided the City up into various sidewalk zones and has inspected all of the sidewalk in the first zone to determine how much sidewalk needs replacing. A list of the locations has been identified and the amount of sidewalk that needs replacing is also been determined. Staff is now ready to bid out this project and hire the contractor to do the work. The City Attorney has advised staff that in order to assess any portion of this project, a public hearing must first be held. Since the City has adopted a 50% cost to the abutting property owner for this project, a public hearing is required in order to assess that 50%. Attached is Resolution No. 3263 which sets the public hearing for this project. The public hearing has been scheduled for September 4 , 1990, which is the earliest it can be held in order to comply with official notices. ALTERNATIVES: 1. Adopt Resolution No. 3263 setting the public hearing for September 4 , 1990. 2 . Adopt Resolution No. 3263 , but set the hearing for a different date. 3 . Do not adopt Resolution No. 3263 . RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3263 setting the public hearing for September 4 , 1990. / 4 ' ACTION REQUESTED: Offer Resolution No. 3263 , A Resolution Calling a Hearing on Sidewalk Replacement Program and move its adoption. DH/pmp I , \ J-. . v\. . . ;.;-- LL'. .1 I . • - . .11 \ i :::, .,,, .. .. ‘ , r :..'%. ' :•;. , . 1... ; , \ ;„... .-.„.•7-1--; • ' it ! '; . . • • , . . z \ ! . UJ • /// •• ! 1: • , '- -• /-- --i*. • .: a.m. , . e , - III: '•' 1 le__, . ,:. -.• ! 1- : I.I - • 3,,t _ \ [ . . .-• :•!.1 i j it .• . , i . . • . ‘1....i-A ..-.- 1 :.• -•... It * / ;• -..o; i • • i • •k \‘...L.Sk-. / ,i LI ..ry... \ , „it. . 1.., . b. ...itr--.7.:,,•-• : • :/ .--ii :...,„,•1 ',- ,i - '• ',' ' 7 ' !. , • .0 \\ -,-- / :. "..,._ ., ' • , i 1- IIL , . • . 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A•—1. ..‘.—..,,:•—.\''—•-1',\.,\-•\- •.$,.A..:"_....' •.'-.- ._.‘‘-,.-.•.-\,1."-.:7!1.:•1 iri,Pt.;i'7\1.I1-1ii!.7.e.,-:1r1I r•.-4,:1:..4•1'ii.\.7L:1HF1'-..:l. r1 1 li.•!rt1..AT' n. ,liaei.,.:•,.HFP.;.R'-1i•-1.7.':,1.7'.!H7*:,,- ___ 1. . . 7- / _ \ 7nW„:..'7;.:1-,i•i .1 i - ,, -.,I:-.,• •i • . . i . • . vi... Tr..:;,.. No i . vs .. . .. .,..i IE ,' •: __ RESOLUTION NO. 3263 A Resolution Calling A Hearing On The Sidewalk Replacement Program WHEREAS, the City Council has adopted a Sidewalk Replacement Policy by Ordinance No. 270 adopted August 25, 1989 which allows for the funding of replacing/repairing sidewalks by 50% City and 50% property owner; and WHEREAS, the City Engineer has prepared a list of locations to be included in the 1990 Sidewalk Replacement Program and has presented that list to the City on August 7 , 1990 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the improvement of the Sidewalk Replacement Program in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $25, 000 . 00 . 2 . A public hearing shall be held on such proposed improvements on the 4th day of September, 1990 , at 7 : 30 P.M. , or thereafter, in the Council Chambers of City Hall, at 129 East 1st Avenue and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3 . The work of this project is hereby designated as part of the 1990-11 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney CONSENT 1y F, MEMO TO: Dennis Kraft, City Administrator / Y FROM: Dave Hutton, Public Works Directo//� ``�, SUBJECT: 1990 Pavement Preservation Program, Project No. 1990-10A and 1990-1OB DATE: August 1, 1990 INTRODUCTION: Attached is Resolution No. 3264 and Resolution No. 3265, accepting bids and awarding the contracts for the Pavement Preservation Project. There are two contracts being awarded, one for the Seal Coat Project (Project No. 1990-10A) and one for the Overlay Project (Project No. 1990-1OB) . BACKGROUND: On July 3 , 1990 the City Council of Shakopee ordered the advertisement for bids for the Pavement Preservation Project, consisting of a Sealcoat Contract and an Overlay Contract. On July 31, 1990 at 10 : 00 A.M. bids were received and publicly opened for both projects. For the Sealcoat Contract, a total of two bids were received and are summarized in the attached Resolution. The low bid was submitted by Astech Corp. of St. Cloud, MN with a total bid of $40, 873 . 50. The Engineering Department has reviewed all bids for completeness and also the qualifications of Astech Corp. , the low bidder, and have determined that they are able to perform the work as described by the plans and specifications. For the Overlay Contract, a total of five bids were received and are summarized in the attached Resolution. The low bid was submitted by Hardrives, Inc. of Plymouth, MN with a total bid of $33 , 705. 00 . The Engineering Department has reviewed all bids for completeness and also the qualifications of Hardrives, Inc. , the low bidder, and have determined that they are able to perform the work as described by the plans and specifications. The total cost of the two projects is $74 , 578 . 50. The Engineer' s estimate for this project was approximately $80, 000. 00. The Public Works Department has a total budgeted amount of $95, 000 . 00 for Pavement Preservation. The remainder of the money budgeted for Pavement Preservation will probably be entirely used up by Public Works repairing the streets prior to sealcoating them or in the administration of the contracts. / J Staff would also like to request a 10% contingency on each project for use in administering change orders or in making contract quantity adjustments. Attached is Resolution No. 3264 which accepts bids on the Sealcoat Project and awards the contract and also Resolution No. 3265 which accepts bids on the Overlay Project and awards the contract. ALTERNATIVES: 1. Accept the low bid on each project and adopt Resolution No. 3264 and Resolution No. 3265. 2 . Reject the low bid and award the contract to the second low bidder or another bidder. 3 . Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1, to accept the low bid for each project and adopt Resolution No. 3264 and Resolution No. 3265. ACTION REQUESTED: 1. Offer Resolution No. 3264 , A Resolution Accepting Bid on the 1990 Pavement Preservation Project - Seal Coat Program, Project No. 1990-10A and move its adoption. 2 . Offer Resolution No. 3265, A Resolution Accepting Bid on the 1990 Pavement Preservation Project - Overlay Program, Project No. 1990-1OB and move its adoption. 3 . Approve of a 10% contingency amount for each project for use by the City Engineer in authorizing change orders on this project. DH/pmp MEM3264 RESOLUTION NO. 3264 A Resolution Accepting Bid On Pavement Preservation - Seal Coat Program Project No. 1990-10A WHEREAS, pursuant to an advertisement for bids for the Pavement Preservation - Seal Coat Program, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Astech Corp. $40, 873 . 50 Allied Blacktop $47, 606. 60 AND WHEREAS, it appears that Astech, Corp. , Box 1025, St. Cloud, MN 56302 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Astech Corp. , in the name of the City of Shakopee for the improvement of Pavement Preservation - Seal Coat Program, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2 . The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney RESOLUTION NO. 3265 A Resolution Accepting Bid On Pavement Preservation - Overlay Program Project No. 1990-1OB WHEREAS, pursuant to an advertisement for bids for the Pavement Preservation - Overlay Program, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Hardrives, Inc. $33 , 705. 00 Northwest Asphalt $39, 735. 00 Alexander Construction $39 , 947 . 00 Wm. Mueller & Sons $46, 510 . 00 Alber Construction $47, 910 . 00 AND WHEREAS, it appears that Hardrives, Inc. , 9724 10th Avenue N. , Plymouth, MN 55441 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Hardrives, Inc. , in the name of the City of Shakopee for the improvement of Pavement Preservation -Overlay Program, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2 . The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney Mk/ MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 3rd Avenue Project No. 1989-5 DATE: August 1, 1990 INTRODUCTION: Attached is Resolution No. 3266 which sets the date of the public hearing for the special assessments on the 3rd Avenue Project. BACKGROUND: The 3rd Avenue Reconstruction Project has now been completed and a public hearing must be held prior to levying any special assessments on this project. In order to include any assessments on the 1991 tax rolls, the assessments must be certified to the County by October 10, 1990. The total construction costs for this project are $839,943 . 03. The total engineering and administrative costs for the project are $220, 927.75. The total project costs are $1, 060,870.78. Based on the current City of Shakopee Special Assessment Policy and also the recommendation of the feasibility report as presented at the public hearing prior to ordering this project, the City will only assess 25% of the street, curb & gutter and sidewalk costs. Also, as recommended in the feasibility report and adopted by the City Council at the public hearing, 3rd Avenue will be assessed on a front foot basis, while all of the north-south cross streets will be assessed on a per lot basis using all blocks that abut those streets. Utilizing the above assessment policies and strategies, the total amount that will be assessed on this project is approximately $189,732.28. The remainder of the project costs will be funded by the City using a variety of funding sources (Storm Sewer Fund, Sanitary Sewer Fund and General Fund) or Shakopee Public Utilities. Staff will give a detailed presentation on the total project costs, special assessment calculations and funding sources at the public hearing. Attached is Resolution No. 3266 which declares the cost to be assessed and sets the date for the public hearing. Because of the official notices required, the earliest date that the public hearing could be held on is September 4, 1990. ALTERNATIVES: 1. Adopt Resolution No. 3266. 2 . Deny Resolution No. 3266. /,‘ 4 RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3266 and set the date for the public hearing for September 4 , 1990 at 8 : 00 P.M. ACTION REQUESTED: Offer Resolution No. 3266, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for the Third Avenue Reconstruction Project No. 1989-5 and move its adoption. DH/pmp MEM3266 IVB RESOLUTION NO. 3266 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For Third Avenue Reconstruction Project No. 1989-5 WHEREAS, a contract has been let for the improvement of: Third Avenue Reconstruction Project and the contract price for such improvements is $777 , 425 . 00, the construction contingency amounts to $62 , 518 . 03 and the expenses incurred or to be incurred in the making of such improvements amounts to $220, 927 . 75 so that the total cost of the improvements will be $1, 060, 870. 78 and of this cost the City will pay $871, 138 . 50 as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $189 , 732 . 28 . 2 . The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3 . That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 4th day of September, 1990 , in the Council Chambers of City Hall at 8 : 00 P.M. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2 . That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvements. He shall also cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 19 4 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney l 11; 03 MEMO TO: Dennis Kraft, City Administrator 0.1 FROM: Dave Hutton, Public Works Directo k--- SUBJECT: 5th Avenue Project DATE: August 1, 1990 INTRODUCTION: Attached is Resolution No. 3267, which orders a public hearing on the above referenced project. BACKGROUND: In November 1988 the City of Shakopee received a petition for street improvements to 5th Avenue, between Fillmore Street and Market Street. Subsequently, a feasibility report was ordered on the requested improvements. In December, 1988 the feasibility report was completed and a public hearing was scheduled for February 7, 1989 to consider the improvements. The feasibility report discussed various options available to the City Council for public improvements in this area. At the conclusion of the public hearing, the City Council ordered plans and specifications prepared for the project and selected Option 1 as recommended in the feasibility report. Option 1 is essentially making all necessary improvements to develop this entire area and consists of the following: • Extending 5th Avenue from Fillmore Street to Market Street, including all sewer and water. • Installing sewer and water on Market Street from 4th Avenue to 7th Avenue. • Extending Main Street from 6th Avenue to 5th Avenue. • Adding pavement and curb & gutter to the existing gravel portion of 5th Avenue from Spencer Street to Fillmore Street. All of the other options considered in the feasibility report were various partial segments of the above improvements. Option 1 is the only alternative that included all improvements. In March, 1989 the City Council held a public hearing and vacated that portion of 6th Avenue from Main Street east. This vacation was postponed from an earlier date until after the 5th Avenue Project was ordered due to neighborhood opposition to vacating 6th Avenue prior to 5th Avenue being ordered. Two houses have since been constructed on the vacated 6th Avenue right-of-way. Jg 4/ In May, 1989 a real estate appraiser was hired to do an appraisal on the property needed for the right-of-way acquisition of 5th Avenue. Since that date, the appraiser and the Assistant City Attorney have essentially delayed the construction of any improvements due to exploring the various funding options, special assessments, and preparing appraisals on the various alternatives. On July 17, 1990 the City Council held an executive session with the Assistant City Attorney to discuss the project. Based on the difficulty with assessing several lots that are non- developable in their present state (due to the old railroad property) , the City Council sent out requests for proposals to local developers in an attempt to develop this entire area. But in September, 1989 only one development proposal was presented to Council and subsequently rejected due to the cost to the City. Based on the appraisal report and legal recommendation, the City of Shakopee will need to acquire and assemble all of the non- developable lots in order to fully assess this project. Attachment 1 shows the current property boundaries in this area and Attachment 2 indicates the property boundaries after the recommended taking. Due to the confidentiality of the acquisition process, staff will not reiterate the impacts of the recommended takings on the City of Shakopee, but it was discussed at the July 17 , 1990 executive Council meeting. Staff would also like to point out what the City cost was on several recent projects that have been constructed or are in the process of being constructed. City Cost (Sewer Fund Project Name Total Cost SPUC, General Fund) Lewis St. Reconst. $482 , 000. 00 $400, 000. 00 3rd Ave. Reconst. $800, 000. 00 $640, 000. 00 Killarney Hills $172 , 000. 00 $ 88 , 000. 00 On nearly all Public Improvement Projects there is some City expense. Council must decide if the possible expense for this project out-weighs the benefits of developing this entire area that has existed in a non-developable state for many years within urban Shakopee. The City Council has already authorized condemnation proceedings to begin on the property acquisition for the 5th Avenue right-of-way and those proceedings are going forward. The City has not initiated condemnation proceedings on the property needed for assemblage as recommended in the appraisal report. Prior to ordering condemnation proceedings to begin on that property, the City Council should hold another public hearing on this project and reorder it. Because it has been greater than one year since the project was first ordered, another public hearing is required based on Minnesota Statute 429 . The plans and specifications are essentially completed (90%) but the project has been delayed due to the property acquisition and appraisal report process. Attached is Resolution No. 3267 which schedules another public hearing for this project. The public hearing has been scheduled for September 18, 1990 in the Resolution. The feasibility report has not been revised and is still the same one submitted to Council previously. If any Council members desire another copy of the report, please contact Engineering. ALTERNATIVES: 1. Adopt Resolution No. 3267 and hold another public hearing on this project on September 18, 1990. 2 . Adopt Resolution No. 3267 but hold a public hearing on a different date. 3 . Deny Resolution No. 3267 and terminate this project. 4 . Table Resolution No. 3267 and request additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3267 and schedule another public hearing for this project for September 18 , 1990. Staff feels that the City Council has already committed to this project by vacating 6th Avenue, designing the project, obtaining appraisals and expending funds for legal, administrative, and staff time. To date, a total of $33 , 774 . 00 has been spent on this project by the City. Staff does not feel the potential expense to the City is detrimental to develop this entire area, especially in comparison to other projects that have been completed. Staff is recommending that another public hearing be held as soon as possible so that condemnation proceedings can start on the remaining parcels in time for 1991 construction season. Since the plans and specifications are already completed for this project the bids can be let as soon as the property acquisition process is completed. Per State Statute, the City can occupy the land 90 days after the condemnation order is filed, even though the actual settlement may take longer to resolve. / 44- ACTION REQUESTED: Offer Resolution No. 3267, A Resolution Calling a Hearing on Improvement to 5th Avenue Between Market Street and Fillmore Street, Project No. 1989-4 and move its adoption. DH/pmp MEM3267 s • I. IN3WHOdlld 133»15 13NbbW ' V Z N J I- W CCQ W a 0 LL. W m x t 4/ Ci) o W 7. Q • F- 133�11S NIVW MM W a O 1.4 CC l� t CL- J W f.i U C ♦ ♦ a a W m R 1 --..limiir l -....c.., \ \ . j \ I I I mA Cn 27 C > 1 CO z C . m ' a M i > 47 RI o I ,77 • ...1 > I m V, m x m * q, r In Om z I M > MAIN STREET m al D I . m 1 ,: . 1 _ - - - - nil . -1 1 m I --i 1 > n03 -I Z I > C) I m z 1 MARKET I STRECT ATTACHMENT 2 RESOLUTION NO. 3267 A Resolution Calling A Hearing On 5th Avenue Between Market Street And Fillmore Street Project No. 1989-4 WHEREAS, pursuant to Resolution No. 2991 of the City Council adopted December 3 , 1988 a report has been prepared by David Hutton, City Engineer, with reference to the improvements of 5th Avenue between Fillmore Street and Market Street by sewer, water, curb & gutter and pavement, and this report was received by the Council on January 3 , 1989 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the improvement of 5th Avenue between Fillmore Street and Market Street in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $353 , 400. 00. 2 . A public hearing shall be held on such proposed improvements on the 18th day of September, 1990, at 7 : 30 P.M. , or thereafter, in the Council Chambers of City Hall, at 129 East 1st Avenue and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney CONSENT ly MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Directo . � SUBJECT: Valley Industrial Boulevard North, Project No. 1990-8 DATE: August 3 , 1990 INTRODUCTION: Attached is Resolution No. 3268, A Resolution Accepting Bids and Awarding the Contract for Valley Industrial Boulevard North, Project No. 1990-8 . BACKGROUND: On July 3 , 1990 the City Council of Shakopee ordered advertisement for bids for the Valley Industrial Boulevard North Project. This project consists of reconstructing Valley Industrial Boulevard North. On August 3 , 1990 at 10: 00 A.M. bids were received and publicly opened for this project. A total of 5 bids were received and are summarized in the attached Resolution. The low bid was submitted by S.M. Hentges & Sons, Inc. of Shakopee, MN for a total bid of $233 , 920. 50. The Engineering Department has reviewed all bids for completeness and also the qualifications of S.M. Hentges & Sons, Inc. , the low bidder, and have determined that they are able to perform the work as described by the plans and specifications. The Engineer' s estimate for this project was approximately $225, 000. 00 . Staff is also requesting that the City Council authorize a contingency amount equal to 15% of the contract for use by the City Engineer to cover any change orders or quantity adjustments that may occur on this project. A contingency amount of 15% of the bid is equal to $35, 000. 00 . Attached is Resolution No. 3268 which accepts bids on this project and awards the contract. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 3268 , awarding the contract to S.M. Hentges & Sons, Inc. 2 . Reject the low bid and award the bid to the second low bidder or another bidder. 3 . Reject all bids and rebid. 01/ RECOMMENDATION: Staff recommends Alternative No. 1, to accept the low bid and award the bid to S.M. Hentges & Sons, Inc. of Shakopee, MN for a total amount of $233 , 920. 50. For City Council information, the completion deadline of November 1, 1990 has been placed on this project in the contract. ACTION REQUESTED: 1. Offer Resolution 3268, A Resolution Accepting Bid on the Valley Industrial Boulevard North Project No. 1990-8 and move its adoption. 2 . Approve of a contingency in the amount of 15% for use by the City Engineer in authorizing change orders on this project. DH/pmp MEM3268 l RESOLUTION NO. 3268 A Resolution Accepting Bid On Valley Industrial Boulevard North Project No. 1990-8 WHEREAS, pursuant to an advertisement for bids for the Street Reconstruction of Valley Industrial Boulevard North, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: S .M. Hentges & Sons $233 , 920 . 50 Northwest Asphalt $238, 334 . 75 Alexander Const. $239, 418 . 55 Wm. Mueller & Sons $243 , 677 . 75 Alber Const. $274 , 781. 40 AND WHEREAS, it appears that S.M. Hentges & Sons, Inc. , P.O. Box 212 , Shakopee, MN 55379 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUTNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with S.M. Hentges & Sons, Inc. , in the name of the City of Shakopee for the improvement of Valley Industrial Boulevard North, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2 . The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney / y� TO: Mayor and Council FROM: Dennis R. Kraft, City Administrator Gregg Voxland, Finance Director RE: 1991 HRA Tax Levy Consent Resolution No. 3269 DATE: August 1, 1990 Introduction Attached is Resolution Number 3269 which consents to the HRA tax levy. Background State law provides that the city must consent to the levy of a tax by the HRA. Accordingly, the attached resolution is provided for Council action. Action Offer Resolution Number 3269, A Resolution Consenting To The Levy Of A Special Tax By The Housing And Redevelopment Authority In And For The City Of Shakopee, and move its adoption. / ,1/c RESOLUTION NO. 3269 A RESOLUTION CONSENTING TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 et. seq. , as amended, and WHEREAS , Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority as taxing districts for the purpose of levying and collecting a special benefit tax, and WHEREAS, Section 462.545 states the governing body of the municipality must give its consent to such a tax levy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Council consents to and joins in a special tax levy of $31,000 by the Housing and Redevelopment Authority in and for the City of Shakopee for taxes payable in 1990. 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 this day of , 1990. City Attorney Jyp / y/),,,j TO: Mayor and Council FROM: Dennis R. Kraft, City Administrator Gregg Voxland, Finance Director RE: 1991 Budget Resolutions DATE: August 1, 1990 Introduction Attached are Resolution Number 3270 which sets the 1990/91 tax levy and Resolution Number 3271 which cancels certain debt service levies. Background Timeframes The existing law requires that Shakopee certify a proposed budget and proposed maximum tax levy to the county by September 1. The City has to publish notice and hold a hearing, adopt the final tax levy and adopt the budget at the hearing, and then certify the final levy to the county by December 21. This memo and proposed Council action is based on the conservative approach of certifying the maximum proposed levy. Tax Levy The levy for payable 1987 was reduced from payable 1986 by $83,535 in an effort by Council to hold down the taxes. The tax levy for payable 1988 represented a dollar increase of $332,729 over payable 1987 which was a 24% increase (actual mill rate increased 5.6% from 17.79 to 18.788) . There were three prime reasons for the increase. 1. There was about $290,000 less to be transferred in for TIF expenses. 2. Most revenue sources are not increasing to match the steadily increasing cost of operations. This puts a proportionately greater burden on the tax levy because it is only a part of the revenues but is the part that Council can increase. 3. The legislature had changed the property tax system for 1988 and later and Council was attempting to capture more state aids. The levy and levy limit for payable 1989 was about the same as the previous year. This was partly the result of the success of the effort of number 3 above to gain more state aids. The proposed levy for 1989/90 was the maximum the city could levy except that debt service levies are not included. The City levied $1,730,198 for pay 1989. The maximum levy for pay 1990 was $2,167,859 which is an increase of 25.3% and was a result of the shift of state aids away from the cities to the schools. The proposed maximum tax levy for 1990/91 is $2,301,640 which is a 6.2% increase over last year and includes $5,000 for fire pension and no levies for debt service. 47)t In the past Council has cancelled all special levies in order to maximize the general levy and minimize the total levy. There are very few special levies left. It is proposed to cancel the special levies for debt and to use only the special levy for fire pensions. For 1991 it is proposed to transfer funds from a closing debt service fund into the needy debt service funds in 1991 for the 1990/91 debt service levies. This reduces the tax burden by making the transfer instead of levying taxes. The transfers are reflected in Resolution No. 3271. Action 1) . Discuss the preliminary maximum tax levy and possible amendments to Resolution 3270 as drafted. Offer Resolution Number 3270, A Resolution Setting Proposed Maximum 1990 Tax Levy, Collectable In 1991, and move its adoption. 2) . Offer Resolution Number 3271, A Resolution Directing The County Auditor Not To Levy A Tax For Debt Service For Selected Bond Issues, and move its adoption. 1 � lam RESOLUTION NO. 3270 A RESOLUTION SETTING PROPOSED MAXIMUM 1990 TAX LEVY, COLLECTIBLE IN 1991 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following sums of money be levied as the proposed maximum tax levy in accordance with existing law for the current year upon the taxable property in the City of Shakopee, for the following purposes: GENERAL FUND LEVY $2,296,640 SPECIAL LEVIES : Public Pension Funds 5,000 TOTAL GENERAL FUND 2,301,640 DEBT SERVICE SPECIAL LEVY -0- TOTAL LEVY $2, 301,640 BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy to this resolution to the County Auditor of Scott County, Minnesota. 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 this day of , 1990. City Attorney ` ' -e RESOLUTION NO. 3271 A RESOLUTION DIRECTING THE COUNTY AUDITOR NOT TO LEVY A TAX FOR DEBT SERVICE FOR SELECTED BOND ISSUES WHEREAS, the City of Shakopee has issued various bonds supported in whole or in part by tax levies; and WHEREAS, the tax levies for the various bond issues were set at the time of bond sales; and WHEREAS, the City Council of the City of Shakopee has determined to have sufficient funds on hand to cancel certain tax levies for 1990/91. NOW, THEREFORE, BE IT RESOLVED that the County Auditor of Scott County is hereby directed not to levy a tax for the bond issues and amounts as shown below: 1980A Improvement Bonds $ 2,619 1985A Improvement Bonds 5,819 1986A Improvement Bonds 36,083 1986B Improvement Bonds 32,176 1986A Refunding Imp. Bonds 60,046 1987A Improvement Bonds 3,344 1988A Improvement Bonds 13,934 BE IT FURTHER RESOLVED that the following irrevocable fund transfers be made in 1991. From the 1980A Improvement Fund to; 1985A Improvement Fund $ 5,819 1986A Improvement Fund 36,083 1986B Improvement Fund 32,176 1986A Refunding Fund 60,046 1987A Improvement Fund 3,344 1988A Improvement Fund 13,934 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 this day of , 1990. City Attorney /CM:, TO: Dennis R. Kraft, City Administrator / �f m. FROM. Gregg Voxland, Finance Director RE: 1991 Budget Worksession DATE: August 1, 1990 Introduction Staff is requesting Council direction on how it wishes to proceed on the 1991 budget. Background Council had a budget worksession on July 19. A hearing on pulltab tax was held on August 2. We have received the Local Government Aid and the levy limit information from the State and we have about $50,000 more available revenue than previously estimated. Staff is requesting Council direction on how it wishes to proceed with the budget both from the timing of the next discussion and what information Council wants have available. Alternatives 1. Set a time for a worksession. 2. Discuss at next regular council meeting. Action Discuss and give staff direction. 4ct-rs-----b. 1iL MEMO TO: Dennis R. Kraft, City Administrator / 1 J '1 ` FROM: Judith S. Cox, City Clerk / RE: On Sale 3 . 2 Beer License - Kenneth D. Berg DATE: August 6, 1990 INTRODUCTION & BACKGROUND: At their regular meeting on July 17th, the City Council tabled the application from Kenneth D. Berg for an On-Sale Non Intoxicating Malt Liquor License at 222 East 1st Avenue. The application was tabled because it was not in order. The application is now in order and it is appropriate for Council to consider its approval at this time. RECOMMENDED ACTION: 1. Remove from the table the application of Kenneth D. Berg for an On-Sale Non-Intoxicating Malt Liquor License. 2 . Move to approve the application and grant to Kenneth D. Berg (Shakopee Bowl) an On-Sale Non-Intoxicating Malt Liquor License at 222 East 1st Avenue. JSC/tiv