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HomeMy WebLinkAbout08/06/1991 CONSENT Memo To: Dennis R. Kraft, City Administrator Honorable Mayor and City Council Members From: Marilyn M. Remer, Personnel Coordinator Re: 1991 Police Officers Union Contract Date: July 26, 1991 Introduction and Background John J. Flagler, Arbitrator has made his decision and award for the Police Officers Union. Please refer to the City Administrator's memo of July 23, 1991. The awards include the following items: 1. Wages. A wage increase of 2% of the wage schedule - Appendix A for 1991. 2. Vacation. One additional day vacation per year up to a maximum of 25 days (200 hrs.) . The attached Labor Agreement between the City of Shakopee and Minnesota Teamsters Public and Law Employees Union Local No. 320, Police Officer, effective January 1, 1991 through December 31, 1991 has been updated to reflect these two changes. No other changes have been made to the union contract. Action Requested Move to authorize the appropriate City officials to execute the proposed Labor Agreement between Teamsters Local 320, Police Officers, and the City of Shakopee effective January 1, 1991 through December 31, 1991. 14 MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Arbitrators Decision and Award on the Teamsters Local 320 (Shakopee Police Officers) Union Arbitration Case DATE: July 23 , 1991 The arbitrator has made his decision and award for the Police Officers Union. The arbitration hearing was held on May 13th. There were ten issues certified as being at impasse. Each issue is stated and followed by the decision of the arbitrator. If any Councilmember would like to see the complete arbitration opinion and the post hearing briefs I will be happy to provide them, however because of the lengths of these documents I am not distributing this information to each Councilmember. Issue #1 Wages The Union had requested a 5% salary increase and the City' s position was no salary increase. The arbitrators award was a 2% across the board salary increase for 1991 . Issue #2 Insurance. Employers Contribution The Union' s final position was an employer contribution increase of $25 . 00 per month and the City' s position was no increase. The arbitrator agreed with the City' s position and allowed no changes in the level of City contribution for health insurance coverage. Issue #3 Medical Reimbursement Fund The Union had requested the establishment of a medical reimbursement fund and the City's final position was an amount consistent with that paid for other City employees. The arbitrator agreed with the City position and did not establish a medical reimbursement fund. Issue #4 Uniform Allowance The Union' s final position was an increase in the uniform allowance of $25 . 00 and the City' s final position was an amount based on the Stanton five average. The Stanton five average for 1991 is $412 . 00 a year and the City of Shakopee is already paying $450. 00 a year. The arbitrator directed that the uniform amount remain unchanged for 1991. Issues #5 and #10 On Longevity and Incentive Pay The Union' s final position was to increase longevity by $25 . 00 at each level and the City' s position was to delete longevity pay for new employees and establish an incentive pay program for existing employees. The arbitrator' s award resulted in no change in the dollar amounts of longevity pay. The arbitrator did not allow the establishment of an incentive program for new employees. Issue #6 On Number of Holidays The Union' s final position was one additional holiday and the City ' s position was to have the number of holidays be equal to those provided to other City employees. The arbitrator ruled in favor of the City and directed that the number of holidays remain at 11 . Issue #7 Holiday Premium Pay The Union' s final position was for an additional 1/2 time to be paid for work on New Years Day, Thanksgiving Day and Christmas Day. The City' s position was no change from the existing contract. The arbitrator' s award was consistent with the City's position that no change in the holiday premium pay be made for 1991 . Issue #8 Vacation The Union' s final position was one additional day per year up to a maximum of 25 days vacation and the City' s final position was the vacation amount equal to that of other Shakopee City employees . The arbitrator awarded one additional day vacation per year up to a maximum of 25 days (the Union' s position) . Issue #9 Sick Leave Conversion The Union' s position was that at the end of each year employees would have their yearly unused sick leave converted to a two for one basis for either pay or time off. The City' s final position was no change from the existing labor contract. The arbitrator supported the City position on sick leave conversion consequently there is no change in the existing contract. The arbitrator did indicate that interest arbitrators will disregard internal comparisons when external market data show that a public employer is substantially out of line with comparable political subdivisions. However the Union failed to demonstrate that Shakopee Police Officers are disadvantaged relative to their counterparts in other jurisdictions. LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 Police Officer Effective January 1, 1991 through December 31, 1991 I NDE X Page ARTICLE 1. PURPOSE OF AGREEMENT 1 ARTICLE II. RECOGNITION 1 ARTICLE III. DEFINITIONS 1 ARTICLE IV. EMPLOYER SECURITY 2 ARTICLE V. EMPLOYER AUTHORITY 2 ARTICLE VI. UNION SECURITY 2 ARTICLE VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 3 ARTICLE VIII. SAVINGS CLAUSE 5 ARTICLE IX. SENIORITY 5 ARTICLE X. DISCIPLINE 6 ARTICLE XI. CONSTITUTIONAL PROTECTION 6 ARTICLE XII. WORK SCHEDULE 7 ARTICLE XIII. OVERTIME 7 ARTICLE XIV. COURT TIME 7 ARTICLE XV. CALL BACK TIME 7 ARTICLE XVI. WORKING OUT CLASSIFICATION 8 ARTICLE XVII. INSURANCE 8 ARTICLE XVIII. STANDBY 8 ARTICLE XIX. UNIFORMS 8 ARTICLE XX. LONGEVITY 8 ARTICLE XXI. HOLIDAYS 8 ARTICLE XXII. VACATIONS 9 ARTICLE XXIII. SICK LEAVE 9 ARTICLE XXIV. BEREAVEMENT LEAVE 9 ARTICLE XXV. SEVERANCE PAY 9 ARTICLE XXVI. INJURY ON DUTY 9 ARTICLE XXVII. PREMIUM PAY 10 ARTICLE XXVIII. WAIVER 10 ARTICLE XXIX. DURATION 11 APPENDIX A. WAGES 12 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 ARTICLE I. PURPOSE OF AGREEMENT This agreement is entered into as of January 1, 1991, between the City of Shakopee, hereinafter called the Employer, and the Minnesota Teamster Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form, the parties agreement, upon terms and conditions of employment for the duration of this Agreement. ARTICLE II. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all Police Personnel in the following job classification: Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III. DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The Shakopee Police Department. 3.5 EMPLOYER: The City of Shakopee 3.6 CHIEF: The Chief of the Shakopee Police Department. 1 3.7 UNION OFFICER: Officer elected or appointed by the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.8 INVESTIGATOR/DETECTIVE: An employee specifically assigned or classified by the Employer, to the job classification and/or job position of Investigator/Detective. 3.9 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Periods during the Scheduled Shift, during which the employee remains on continual duty and is responsible for assigned duties. 3.12 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. ARTICLE IV. EMPLOYER SECURITY The Union agrees that during the life of this Agreement that the union will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with, the normal functions of the Employer. ARTICLE V. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE VI. UNION SECURITY 6.1 The Employer shall deduct from the wages of Employees who authorized such a deduction, in writing, an amount necessary to cover monthly Union dues. Such monies shall be submitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer, in writing, of such choice and changes in the position of steward and/or alternate. 2 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice (s) and announcement(s) . 6.4 The union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of the Article. ARTICLE VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this agreement. 7.2 Union representatives. The employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union Representatives and of their successors when so designated, as provided by Section 6.2 of this Agreement. 7.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided, is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure. Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure. Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty- one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed by Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union, within ten (10) calendar days shall be considered waived. 3 Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step.3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the 'Rules Governing the Arbitration of Grievances' , as established by the Public Employment Relations Board. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms of this Agreement. The arbitrator shall consider and decide only the specific issue (s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The Arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation of application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, providing that each party shall be responsible for compensating its 4 own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. if both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered 'waived' . If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof, within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union, in each step. 7.7 Choice of Remedy. If, as a result of the written Employer response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to either Step 4 or Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 or Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure, and signs a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIII. SAVINGS CLAUSE This agreement is subject to the laws of the United States, the State of Minnesota and the City of Shakopee. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the written request of either party. ARTICLE IX. SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or re-hired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the Employer. 5 9.3 A reduction of work force will accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work in two (2) years of the time of his layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until March 15th of each year. ARTICLE X. DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand b) written reprimand c) suspension d) demotion; or e) discharge 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by the signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension, without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 10.7 Grievances relating to this Article shall initiated by the Union in Step 3 of the Grievance Procedure, under Article VII. ARTICLE XI. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. 6 ARTICLE XII. WORK SCHEDULE 12.1 The normal work year is two thousand and eighty hours (2080) to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or maximum of hours the Employer may assign employees. ARTICLE XIII. OVERTIME 13.1 Employees will be compensated at one and one-half (1 1/2) times the employees regular base pay rate for hours worked in excess of the employees regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will, for record purposes under Article 13.2, be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Employees have the obligation to work overtime or callbacks if requested by the Employer, unless unusual circumstances prevent the employee from so working. ARTICLE XIV. COURT TIME An employee who is required to appear in Court during his scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1 1/2) times the employees base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. ARTICLE XV. CALL BACK TIME an employee who is called to duty during his scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half times the employees base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. 7 ARTICLE XVI. WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE XVII. INSURANCE Effective January 1, 1991 the Employer shall contribute up to two hundred fifty- five dollars ($255.00) per month per employee toward health, life and long-term disability insurance. ARTICLE XVIII. STANDBY PAY Employees required by the Employer to standby shall be paid for such standby time at the rate of one hours' pay for each on standby. ARTICLE XIX. UNIFORMS Employees will be paid a uniform allowance during January of each year. The allowance will be four hundred fifty dollars ($450.00) cash for calendar year 1991. ARTICLE XX. LONGEVITY The following Longevity Pay Plan will be in effect: At the start of the fifth (5th) year of service, an employee shall receive one hundred five dollars and sixty-four cents ($105.64) per month additional. At the start of the eighth (8th) year of service, an employee shall receive one hundred thirty dollars and ninety-two cents ($130.92) per month additional. At the start of the eleventh (11th) year of service, an employee shall receive one hundred fifty-six dollars and eighteen cents ($156.18) per month additional. At the start of the fifteenth (15th) year of service, an employee shall receive one hundred eighty-three dollars and seventy-three cents ($183.73) per month additional. ARTICLE XXI. HOLIDAYS 21.1 All permanent employees and full-time probationary employees shall be eligible for eighty-eight hours of holiday pay (11 paid holidays) . 21.2 Any employee required to work on any of the eleven (11) paid holidays shall receive an additional one-half (1/2) times his/her base pay rate in addition to the regular holiday time off. 21.3 The Employer may, at his option, buy back from any employee so requesting in writing by November 1st of each calendar year any holiday time off earned but not used by the employee by December 31st of any calendar year. 8 ARTICLE XXII. VACATIONS 22.1 Employees shall earn vacation as follows: 0 - 5 years of service 80 hours per year 6 - 10 years of service 120 hours per year Over 10 years of service 8 additional hours per year not to exceed 200 hours 22.2 No more than the amount of vacation leave earned in a calendar year can be carried beyond December 31st into a new calendar year, except as permitted by the City Administrator. An employee who is separated for any reason shall be paid for any accumulated vacation leave, provided however, that should an employee resign without given two (2) weeks written notice and except for reasons of ill health, he/she shall forfeit his right to accumulated vacation. ARTICLE XXIII. SICK LEAVE An employee shall accumulate sick leave at the rate of one day (eight hours) per month of service to a maximum of nine hundred sixty (960) hours. After nine hundred sixty (960) hours is reached, one day (8 hours) of sick leave per month shall accumulate to a sick leave bank. Any employee absent from work for fifteen (15) consecutive calendars shall have said sick leave deducted from the sick leave bank until such time as the sick leave bank is exhausted before deductions are made from regular accumulated sick leave. ARTICLE XXIV. BEREAVEMENT LEAVE Employees may receive three (3) days of bereavement pay for the death of members of immediate family which shall be charged to sick leave. Funeral leave benefits for the deaths of individuals other than members of the immediate family shall be charged to vacation time. ARTICLE XXV. SEVERANCE PAY 25.1 Any employee who is separated from his/her position by retirement, discharge or resignation shall receive severance pay of forty-five percent (45%) of a maximum of nine hundred sixty (960) hours of accumulated regular sick leave calculated on the basis of his/her current wage scale. Should any employee resign without giving two (2) weeks written notice, except for reasons of ill health, shall forfeit his/her right to all accumulated leave. 25.2 Employees hired after January 1, 1981 will be entitled to severance pay after five (5) years of service. ARTICLE XXVI. INJURY ON DUTY 26.1 Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed seventy-five (75) working 9 days, in accordance with guidelines set forth in M.S. 176.021, Subd. 5, beginning with the sixth (6th) working day of such injury. Such time shall not be charged against the employee's sick leave, vacation or other accumulated benefits. ARTICLE XXVII. PREMIUM PAY When no supervisor such as the Police Chief, Deputy Chief or a Sergeant is working, but two or more officers are working for a period of two hours or more, the senior officer is in charge and responsible for the maintenance of those standards and procedures necessary for the department to function properly. Being in charge for a period of two hours or more will the qualify the senior officer for premium pay of $.88 per hour. ARTICLE XXVIII. WAIVER 28.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 28.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate, regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. 10 ARTICLE XXIX. DURATION This agreement shall be effective as of the first (1st) day of January, 1991 and shall remain in full effect until the thirty-first (31st) day of December 1991. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of 19 FOR THE CITY OF SHAKOPEE FOR TEAMSTERS LOCAL NO. 320 Mayor Union Steward City Administrator Local 320 Representative City Clerk 11 APPENDIX A - WAGES A.l Effective January 1, 1991 the Police Officer Salary Schedules shall be as follows: After 36 months $2,990.81 per month After 24 months (90% of Top Patrol rate) $2,691.73 per month After 12 months (80% of Top Patrol rate) $2,392.65 per month Start (75% of Top Patrol rate) $2,243.11 per month A.2 The Employer agrees to pay one hundred dollars ($100.00) per month shift differential to any employee appointed or assigned by the Employer to act as an Investigator/Detective. 12 191)'/ TENTATIVE AGENDA SHAKOPEE CITY COUNCIL COMMITTEE OF THE WHOLE AUGUST 6, 1991 Mayor Gary Laurent presiding 1] Roll Call at 4 : 30 P.M. 2 ] Revenue Sources for Additional Park & Recreation Staff 3 ] Pat Thielen' s Picture in City Hall 4 ] Five Year Equipment List - BRING MEMO HANDED OUT JULY 23RD 5] Other Business 6] Adjourn Dennis R. Kraft City Administrator 4 c Memo to: Dennis Kraft, City Administrator and Members of the City Council From: Mark McQuillan, Parks and Recreation Subject : Revenue Sources for Additional Staff Date: 7/31/91 INTRODUCTION When the Committee of the Whole met on July 23, 1991, Council members asked staff to identify various revenue sources that could be used to add another full-time professional to the Parks and Recreation Department. Funding would be for the Fall of the current year and possibly for 1992. BACKGROUND Staff has identified two immediate funding sources. They are: increasing user fees and using monies from the general fund balance. Park dedication fees cannot be used for staffing purposes, according to the City Attorney. USER FEES It was the desire of the City Council that fees for youth programs only increase at a minimum rate while fees for adult programs be raised at a higher proportion. Staff has prepared a list of all activities for the City Council to review. The list is similar to the one presented to the Committee of the Whole on July 23, 1991 but a few changes were made. First, the activities have been grouped according to the seasons they are conducted and secondly, the list will show only one recommended fee for each activity. Staff is recommending the youth individual Activity Fee be increased from $11. to $13. and the adult fees be raised from $15. to $20. However, staff prefers the adult sports teams be charged a flat rate, plus $5. for each non-resident player. This will make it easier for league officers to collect fees and staff will be able to budget more accurately. By increasing user fees for upcoming Fall activities, the Department projects additional revenues of $4, 200. This will fall short of a needed $6, 250. to fund another employee for this year unless monies are taken out of the general fund balance to make up the difference. ALTERNATIVES 1 ) Amend the 1991 Budget to show an increase in recreation revenue of $4200. and increase Parks and Recreation expenditure $6, 250. to hire a temporary employee to assist with the Fall Park and Recreation Program. 2) Amend the 1991 Budget to increase the Park and Recreation expenses to $6250. to hire a temporary employee to assist with the Fall Parks and Recreation Programs. RECOMMENDATION Staff recommends the Council hire a temporary employee to assist with Fall Parks and Recreation Programs using a combination of increased fees and the general fund balance. ACTION REQUESTED Move to amend the 1991 Budget to show an increase in recreation revenue of $4200. and increase Parks and Recreation expenditure $6, 250. to hire a temporary employee to assist with the Fall Park and Recreation Program. Page 3 is a Revenue Summary of all recreation programs. Pag. 4 is a list of the Fall activities. Page 5 is a list of the Winter activities. Page 6 is a list of the Spring activities. Page 7 is a list of the Summer activities. SUMMARY OF REVENUE PROJECTIONS ADDITIONAL REVENUE TOTAL BUDGET PROPOSAL FALL $4, 257. 50 $21, 015.00 WINTER $1, 132. 50 $8, 850. 00 SPRING $9, 155. 00 $38, 130.00 SUMMER $1, 632. 00 $14, 485.00 TOWNSHIP CONTRIBUTION $3, 300.00 DONATIONS $1, 000. 00 RECREATION CONTRIBUTION $8, 000. 00 NON-RESIDENT FEES $2, 500.00 MISC. INCOME $2, 138.00 S16, 177.00 $99, 418. 00 *The Parke and Recreation Dept purchases baseball and softball equipment for the Youth Baseball/Softball Association. The Youth Baseball/Softball Association reimburses the City for the entire amount. FALL ACTIVITIES MARGIN ANTICIPATED TOTAL CURRENT SUGGESTED # OF OF ADDITIONAL BUDGETED ACTIVITY FEE FEE PARTICIPANTS INCREASE REVENUE REVENUE Rollerskate Trip $4. 75 $5. 50 50 $0. 75 $37. 50 $275. 00 Dog Odedience $30. 00 $35. 00 10 $5.00 $50. 00 $350. 00 Cheerleading $12. 00 $15.00 20 $3. 00 $60. 00 $300.00 *Fall Gymnastics $25. 00 $31. 50 60 $6. 50 9390.00 $1,890.00 *Adult Exercise $34. 00 $38. 00 20 $4. 00 $80. 00 $760.00 *Adult Open Gym $15.00 $20. 00 15 $5.00 $75.00 $300.00 Gun Safety $0.00 $5. 00 35 95. 00 $175. 00 9175. 00 Snowmobile Saftey $0. 00 95. 00 10 $5. 00 $50.00 $50.00 7/8 Cross Country $11. 00 $13.00 10 $2. 00 $20. 00 $130.00 #7/8 Volleyball $45. 00 $45.00 30 $0. 00 $0.00 $1, 350. 00 7/8 Wrestling $11.00 $13. 00 10 $2.00 $20.00 $130. 00 4/5/6 Volleyball $5. 00 $13.00 40 $8. 00 9320. 00 9520.00 3/4 Flag Football 911. 00 913. 00 50 $2.00 $100. 00 $650.00 5/6 Football 911.00 $13. 00 90 92. 00 $180.00 $1, 170.00 7/8 Football $11. 00 913.00 70 92.00 9140.00 $910. 00 3/4 Basketball $11.00 $13. 00 100 92. 00 9200.00 $1, 300.00 5/6 Basketball $11.00 $13. 00 120 92. 00 $240.00 $1, 560.00 *7/8 Basketball 911. 00 913.00 50 92. 00 $100.00 $650.00 Jr. High Ski Club 911.00 913.00 40 $2.00 $80.00 $520.00 Men's Basketball $120. 00 $160. 00 6 940. 00 $240.00 $960.00 Men's Volleyball $120.00 $160. 00 6 $40. 00 $240.00 $960. 00 Women's Volleyball 9120. 00 9160. 00 30 940. 00 $1, 200. 00 $4,800.00 NYSC Coaches Training $0.00 $2.00 35 92. 00 $70.00 $70. 00 Hockey Assoc. $11. 00 913. 00 95 92. 00 9190. 00 $1, 235.00 $4, 257. 50 $21,015.00 *Activities will require hallguards for the first time. Therefore, a portion of the increase is earmarked for hallguard expenses #Staff recommends not raising the fee for 7/8 grade volleyball a volunteer will coach WINTER ACTIVITIES MARGIN ANTICIPATED TOTAL CURRENT SUGGESTED# OF OF ADDITIONAL BUDGETED ACTIVITY FEE FEE PARTICIPANTS INCREASE REVENUE REVENUE +Kemps Skate Races $0. 00 $0. 00 50 $0. 00 $0. 00 $0. 00 Figure Skating Les $25. 00 927. 00 30 $2. 00 960.00 9810. 00 Family Fun Nights $2.00 $2. 00 200 $0. 00 $0.00 $400. 00 Family Trips $7. 00 $8.00 50 91. 00 $50. 00 $400. 00 Rollerskate Trips $4. 75 $5. 50 50 90. 75 $37. 50 $275.00 Winter Gymnastics $28. 00 $31. 00 85 $3. 00 $255. 00 $2, 635. 00 3/4 Cheerleading $18. 00 $18. 00 15 $0. 00 $0.00 $270.00 Elem Wrestling $11. 00 913. 00 70 $2. 00 $140. 00 $910.00 Teen Broomball $2. 00 $3.00 100 $1.00 $100. 00 $300. 00 Dog Obedience $30.00 $35. 00 10 55. 00 $50. 00 $350. 00 Adult Exercise $34. 00 $38. 00 20 $4. 00 $80.00 $760. 00 Adult Broomball $180.00 9240.00 6 $60.00 $360. 00 $1, 440.00 $1, 132. 50 $8, 550. 00 +Kemps Ice Cream and Dairy Products of Minneapolis donates $300.00 each year to defrey the expenses for indoor ice time, trophies and ribbons SPRING ACTIVITIES MARGIN ANTICIPATED TOTAL CURRENT SUGGESTED* OF OF ADDITIONAL BUDGETED ACTIVITY FEE FEE PARTICIPANTS INCREASE REVENUE REVENUE Spring Gymnastics $20.00 $24.00 45 $4. 00 $180.00 $1,080.00 Rollerskate Tripe $4. 75 $5. 50 100 $0. 75 $75.00 $550. 00 3/4 Baseball $11. 00 $13. 00 130 $2. 00 $260.00 $1, 690.00 5/6 Baseball $11. 00 $13.00 110 $2.00 $220.00 $1, 430. 00 7/8/9 Baseball $11. 00 $13.00 80 $2.00 $160.00 $1,040.00 M. Mantle Baseball $11. 00 $13.00 15 92. 00 $30.00 $195. 00 Youth Golf Lessons $25.00 $27.00 5 $2.00 $10. 00 $135.00 Adult Golf Lessons $22.00 $25. 00 55 $3. 00 $165.00 $1, 375. 00 Youth Tennis Lesson $15. 00 $17.00 40 $2.00 $80.00 $680.00 Adult Tennis Lesson $20.00 $23.00 15 $3. 00 $45. 00 $345. 00 Dog obedience $30.00 $35.00 10 $5. 00 $50. 00 $350.00 Adult Exercise $34.00 $38. 00 15 $4. 00 $60. 00 $570.00 NYSCA Training $0. 00 92.00 30 92. 00 $60. 00 $60. 00 Showcase/non profit $0. 00 $5.00 70 $5. 00 $350.00 $350.00 Showcase/commercial $20.00 $25. 00 10 $5. 00 $50. 00 $250.00 3/4 Softball $11. 00 $13.00 60 $2.00 $120.00 $780.00 5/6 Softball $11. 00 $13.00 100 92. 00 $200.00 $1, 300.00 7/8/9 Softball $11. 00 $13.00 70 $2.00 $140.00 $910.00 Men's Softball $225.00 $300. 00 44 $75. 00 $3, 300.00 $13, 200.00 Women's Softball $225. 00 $300. 00 30 $75.00 $2, 250. 00 $9,000.00 Co-Rec Softball $225.00 9300. 00 6 975. 00 $450. 00 $1, 800.00 Church Softball $20. 00 $20. 00 7 $0. 00 $0. 00 $140.00 Town Team Baseball $0.00 $300. 00 1 $300. 00 9300. 00 $300.00 Legion Baseball $0.00 $300.00 1 9300. 00 $300.00 $300.00 over 35 Baseball $0. 00 $300.00 1 $300. 00 $300.00 9300. 00 $9, 155. 00 $38, 130.00 SUMMER ACTIVITIES MARGIN ANTICIPATED TOTAL CURRENT SUGGESTED* OF OF ADDITIONAL BUDGETED ACTIVITY FEE FEE PARTICIPANTS INCREASE REVENUE REVENUE Summer Tripe $8. 00 $8.00 100 $0. 00 $0.00 $800. 00 Playground Events varies same 300 50. 00 $0.00 $300. 00 Day Camp $30. 00 $30.00 35 $0.00 $0.00 $1,050.00 Basketball Camp $5.00 $7. 00 110 $2. 00 $220.00 $770. 00 Shooters Camp $0.00 $1.00 60 $1.00 $60.00 $60.00 Volleyball Camp $5. 00 $7. 00 30 $2.00 $60.00 $210. 00 Baseball Camp $5.00 $7. 00 40 52. 00 $80.00 $280. 00 Soccer $10. 00 $10.00 40 50. 00 90. 00 $400. 00 T-Ball $18. 00 $19. 00 80 $1.00 $80.00 $1, 520. 00 Near Ball 518. 00 $19.00 80 $1. 00 580. 00 $1, 520. 00 Kids in Dev. Sports $18.00 $19. 00 90 $1. 00 $90.00 $1, 710. 00 Archery $21. 00 $21. 00 15 $0. 00 $0. 00 $315.00 Hershey Track $2. 00 $2. 00 80 $0. 00 $0.00 $160. 00 Jr. Team Tennis $25.00 $27. 00 15 92.00 $30.00 $405. 00 Picnic Shelter Rent Family/non profit 520. 00 $25.00 90 $5.00 $450.00 $2, 250. 00 Local Business $40.00 $45. 00 5 $5. 00 $25.00 $225.00 Non-Resident $50.00 $55.00 5 55. 00 $25.00 $275.00 Volleyball Kit Rent $4.00 $5.00 32 $1. 00 $32.00 $160. 00 Horseshoe Kit Rent $3. 00 $4. 00 25 $1. 00 $25.00 $100. 00 Bellfield Rental $25.00 $30.00 20 $5. 00 $100.00 $600. 00 Summer Gymnastics 520. 00 525.00 55 $5. 00 $275.00 $1, 375.00 $1,632.00 514, 485.00 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Five Year Equipment List DATE: July 23, 1991 Introduction Attached is the new draft of the Five Year Equipment List. It is on the table for the July 23 council meeting to allow Council time to review the list. It is not intended to have a detailed discussion on the list at the July 23 meeting. Background The attached list reflects the requests received from the departments. Included on the list are capital equipment items costing $5,000 or more that are to be funded by the Capital Equipment Revolving Fund. The list has been reviewed by the City Administrator , Management Analyst and the Finance Director. As a result of that review, below are comments that Council may wish to discuss and give direction to staff regarding specific items on the list. 1. Inspection truck in 1993. Replacement of the older truck in the department may depend on staffing at that time. 2. Police computer system. Delete from this list because the cost is an aggregate of items that may add up to $5,000. This is an annual recurring expenditure for smaller items and therefore would be funded by general fund resources. 3. Police mobile display terminals. Combine into 1992 to purchase all units in one year and equip all squads at once. 4. Fire pagers. Combine into 1992 and purchase all new pagers in one year to provide all fire fighters the same equipment. 5. Fire 2nd squad. Request is to get two old squads being replaced in 1992 for Fire dept. use, one to replace the current Chief's car and one additional car. The Police Dept. is planning on keeping one of the two cars being replaced next year. Council should discuss the increase in the fleet by keeping the current Fire Chief's car and adding a 1992 turn down from the Police Dept. versus retiring the current Chief's car and no increase in the fleet. 6. Fire pumper for 2nd station. Consider deleting from this list and funding as part of the construction of the station paid for by referendum bonds if that is the funding source to be used. 7. Engineering 1992 truck. Council may want to discuss whether four wheel drive is necessary on this vehicle. Engineering trucks accumulate miles at a relatively low rate. It may be better for the city to have a department that accumulates miles at a higher rate (Inspection) use a truck for a few years and then cycle down to Engineering. Inspection trucks run 7,300 to 9,500 miles per year while Engineering trucks run 2,500 to 5,500 miles per year. 8. Engineering 1994 car/truck. As the 1994 budget gets closer, Council may want to review the purchase of this vehicle and what type to get versus turn down of an unmarked police vehicle in good condition. The current Public Works Director's car (1987 Nova) has 43,000 miles on it. 9. Street 1992 dump truck. Proposal is to buy a new truck and not sell an old one. Council may wish to review the increase in the fleet. 10. Street 1992 loader and 1995 bobcat. The city has two medium size loaders. Last year a bobcat was purchased. It is proposed to replace a 1975 loader in 1992 and add another larger bobcat in 1995. Council may wish to review the needs and the usage for the various loaders versus bobcats and whether the usage is seasonal and perhaps seasonal rental or contracting should be considered. 11. Park 1993 truck. Proposal for replacement of the 1983 truck includes keeping the old truck resulting in an increase in the fleet. 12. Recreation 1992 vehicle. The usage in 1991 for the Recreation Dept. car is running at an annual rate of 2,000 - 2,500 miles. Council should review whether assigning a department vehicle is warranted or whether a second pool vehicle similar to the planning dept. car is warranted. Council may wish to set a worksession in the very near future to review the list with staff. 00 0 0 0 0 O N ecn 0 0 0 0 0 0 d rn %.0 - .. - - .. - - ON 0 u•1 0 u•1 U% 0 g O% O' 10 "0 N VO V," tri '-1 r-c N r.I Co 000 0 0 0• 1 0r1 000 0 to U•1 p 0% OT 0 In 0 1n CO M ON 0% VO N.0 N N ON ,--1 r-) N .7 N N. 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Kraft, City Administrator RE: Non-Agenda Informational Items DATE: August 2 , 1991 1 . Attached is the August calendar of Upcoming Meetings. 2 . Attached is correspondence from Dave Hutton to Barbarossa & Sons regarding 2nd Avenue Reconstruction Project No. 1991-3 . 3 . Attached are the July 11, 1991 minutes of the Board of Adjustment and Appeals Meeting. 4 . Attached are the July 11, 1991 minutes of the Planning Commission meeting. 5. Attached is the August 8, 1991 Planning Commission agenda. 6. Attached is the August 8, 1991 Board of Adjustment and Review agenda. 7 . Attached are the unapproved minutes of the July 17, 1991 Municipal Facility Task Force meeting. 8 . Attached is a memorandum from Dave Hutton regarding Lewis Street\Sommerville Street Project. 9 . Attached is a memorandum from Dave Hutton regarding 5th Avenue\Market Street. 10. Attached is correspondence from the MN Gambling Control Department regarding Pheasants Preservation Mankato. 11. Attached is the Police Newsletter for Council review. 12 . Attached is the August Business Update from City Hall. 13 . Attached if the Building Activity Report for July. 14 . Attached are the unapproved minutes of the July 17 , 1991 Community Development Commission meeting. 15. Attached are the unapproved minutes of the July 10, 1991 Downtown Ad Hoc Committee meeting. 16. Attached are the minutes of the May 15th and June 19, 1991 Scott County Economic Development Coalition meetings. 17 . Attached is a copy of the notice for filings open. i August UPCOMING MEETINGS SUN MON TUE WED THU FRI SAT 1 2 3 14 517 8 9 10 .30pm 4:30pm 7:30pm Public Committee Planning Utilities of the Commission Whole 7:00pm City Council Meeting 11 12 13 114 15 16 17 7:00pm 7:45am Committee Downtown of the Committee Whole 7:30pm Municipal Facilities . 18 19 20 21 22 23 24 7:00pm City 5:00pm CDC Council 7:00pm Meeting Energy and Transport- ation 7:30pm PC Public Hearing 25 26 27 28 29 30 31 7:00pm Park 7:00pm & Rec. Committee Board of the Whole July September SMTWTFS SMTWTFS 1 2 3 4 5 6 1 2 3 4 5 6 7 7 8 9 10 11 12 13 8 9 10 11 12 13 14 14 15 16 17 18 19 20 15 16 17 18 19 20 21 21 22 23 24 25 26 27 22 23 24 25 26 27 28 28 29 30 31 29 30 07/25/1991 INFORMATIONAL ITEM FOR COUNCIL CITY OF SHAKOPEE INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 1 July 24, 1991 X Barbarossa & Sons, Inc. P.O. Box 367 Osseo, MN 55369 RE: 2nd Avenue Reconstruction, Project No. 1991-3 Dear Mr. Flykt: I am writing to you to express my concern over Barbarossa's lack of starting construction on the 2nd Avenue Reconstruction Project. It is now over a month since City Council awarded this project to Barbarossa (June 16) and almost a month since the preconstruction meeting (June 28) at which you had given the City a July 8th start up date. As you are aware, this project has a completion date of November 1, 1991 with the entire project being completed except for the placement of the bituminous wear course. To date no significant work has been performed on this project, although the blasting crew started this past Monday. The City Council is very concerned abut project deadlines and have enforced liquidated damages on past projects that have exceeded the project deadlines. At this point, I am requesting that you submit a detailed construction schedule on how you plan on completing the project on time and fulfilling your contractual obligations. If you have any questions or comments, please contact me or my inspector, John DeLacey. Sincerely, David E. Hutton, P.E. Public Works Director DH/pmp 2ND The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER BOARD OF ADJUSTMENTS AND APPEALS Shakopee, Minnesota Regular Session July 11, 1991 MEMBERS PRESENT: Joos, Kahleck, Spurrier, Lynch, Allen, Mars, Christensen MEMBERS ABSENT: None OTHER PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant City Planner Dave Hutton, City Engineer Karen Marty, City Attorney Jane VanMaldeghem, Recording Secretary I . ROLL CALL The Board of Adjustment and Appeals was called to order by Chrmn. Joos. Roll call was taken as noted above with Comm. Christensen and Mars arriving at 7 : 35 and 7 : 40 p.m. re- spectively. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF THE JUNE 20 , 1991 SPECIAL MEETING MINUTES The meeting minutes of June 20, 1991 were approved as pre- sented. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience not on the agenda wishing to speak. There was no response. V. PUBLIC HEARING - VARIANCE NO. 615 - MARQUETTE BANK The public hearing to consider an application for a variance to the required side and rear yard setbacks to construct a new bank building was opened. City Planner stated that the applicant is requesting a variance of 12 feet from the required rear yard setback and 6 feet from the required side yard setback to build a new commercial building in a B-i Highway Business zone. He stated the location is Lot 5 , Block 2 , Furrie' s 2nd Addition which lies on the NW corner of 4th Avenue and Marschall Road. The planner reported that development options are limited because at the time of plat approval one of the requirements was that there be no egress from Lot 5, Block 2 , onto County Road 17 . Minutes of the Page - 2 Board of Adjustments and Appeals July 11, 1991 planner reported that development options are limited because at the time of plat approval one of the requirements was that there be no egress from Lot 5, Block 2 , onto County Road 17 . Questions were raised by the Planning Commission as to how many cars are to be stacked in each drive-thru, placement of the trash enclosure, and landscaping. Jack Boarman, Boarman Kroos Pfister & Associates, Inc. , was present for discussion representing the applicant. He stated they are in the process of doing a landscaping project that will be considerable more than required. He stated there would be a 5 foot green area and the trash enclosure. He stated that the stacking depth represents 10 - 15 minutes of waiting; any additional stacking depth would not solve problems but turn clients away. Chrmn. Joos asked for comments from the audience of individuals in favor of the variance. Bill Lane, President of Marquette Bank, was present for discussion. He stated the existing auto bank (Holmes Street) will remain open. This new site is to keep up with the increase in business. Chrmn. Joos asked for comments from those in opposition. Kevin O ' Brien, 1224 Fuller and owner of property to the west, questioned the drainage towards his property. Mr. Boarman stated there would be nothing drained in that direction nor would there be any curbcuts. Comm. Spurrier questioned if there were any roof liters off the north side of the building. Mr. Boarman responded that runoff would be piped into the underground sewer system. There were no further comments from the audience. Comm. Kahleck asked if there would be a sign request for the west side of the building. Mr. Boarman responded that he anticipated none. The public hearing on the variance requests for Marquette Bank was closed. Lynch/Christensen offered Variance Resolution No. 615, allowing for a 12 foot variance from the required 30 foot rear yard setback, and a 6 foot variance from the required 20 foot side yard setback, to allow for the construction of a commercial facility, and moved for its adoption. Motion carried unanimously. Minutes of the Page - 3 Board of Adjustments and Appeals July 11, 1991 VI . PUBLIC HEARING: APPEAL TO STAFF INTERPRETATION NO 614 - BRAMBILLA MOTORS Chrmn. Joos called the public hearing on the appeal to the city administrator' s decision to order. City Planner stated this case has come about with the need for Brambilla Motor' s to relocate due to the mini-bypass. Brambilla Motors is currently located in a B-3 zone, but is looking for sites in the I-2 zone. Mr. and Mrs. Jack Brambilla are appealing the interpretation of the City Administrator. The appeal focuses on what constitutes retail and wholesale uses. Staff is of the opinion that Brambilla Motors is not a wholesale business, but rather a retail sales operation and therefore, not allowable in an I-2 zone. City Planner stated that several options for relocation have been made available to Mr. Brambilla. They include: the purchase of a smaller B-1 parcel to operate their business as it currently functions and at its current size, purchase the I-2 property and change their business to a wholesale operation only, purchase a B-1 parcel for their retail sales service and repairs and purchase a I-2 parcel for their wholesale operation, or seek rezoning of the industrial property they are currently looking to purchase from I-2 to B-1. Chrmn. Joss asked for comments from the audience. Jack Brambilla was present for discussion. He stated he received conflicting copies of the ordinance one indicating that open sales lots are a permitted use and another stating they are not permitted in an I-2 zone. City Planner explained that the information referred to by Mr. Brambilla was the I-2 district regulations and a summary table from page 310-12 of the City Code. He noted that the provision for open sales lots in an I-2 district as a conditional use when abutting a State Highway was repealed in 1986. He noted that the table had not been correctly updated. Mr. Brambilla stated the property he wants to purchase has been for sale for 22 years. He wants to put this parcel to good use. He is proposing a 35, 000 square foot dealership, which would be an attractive business for the city. He stated there is no B-1 area available in the city that can handle his business. He stated that the City is running out of B-1 districts. He added the State is knocking him off the corner and he now needs help from the City to maintain his operation. Minutes of the Page - 4 Board of Adjustments and Appeals July 11, 1991 Comm. Kahleck stated that the City has received numerous requests by industrial users to be able to use their facility for retail, but the City has had to take a strong position to protect the industrial zones. If the city permits Mr. Brambilla to locate his retail business in the I-2 zone, this would set a precedent the City does not want. City Planner reviewed the ordinance requirements on provisions for limited retail uses in the I-2 district. The ordinance allows retail sales and displays with a permitted use in the I-2 district with the retail area not to exceed 15 percent of floor area of the principal structure. Mr. Brambilla stated most of his operation is work done in the shop on rental units. City Planner stated that it is the staff ' s understanding that Brambilla Motors is a business service to the individual and not as a wholesaler. Brambilla Motors primarily sells, repairs, and rents to individuals on a one-to-one basis, not in fleets. Comm. Mars questioned the percentage of use from Brambilla Motors for retail and suggested he come to the City with a rezoning request. Mr. Brambilla stated a rezoning would take too long and he wasn't given the ample time for this process. Comm. Kahleck asked for staff ' s opinion on whether or not there is enough B-1 zoning in Shakopee and questioned if the Board should be studying this issue. Comm. Christensen questioned if this particular parcel in the I-2 was unsalable as Mr. Brambilla has stated. City Planner responded that he believes there are several properties available in the City but perhaps not in the price range for Mr. Brambilla. He added that if it' s determined there is not enough B-1, the City can take this into consideration and rezone appropriately located parcels. City Planner responded to Comm. Christensen by stating that the parcel sited by Mr. Brambilla in the I-2 is conducive to industrial use and was platted for that purpose with the variable lot sizes. Chrmn. Joos asked for comments from the audience. Doris Brambilla, 620 Monroe, stated that this parcel in the I- 2 abuts a highway excluding the railroad tracks and that at one time this area was used for car sales. Minutes of the Page - 5 Board of Adjustments and Appeals July 11, 1991 Bill Henning, Prior Lake, stated he has been working with Mr. Brambilla on plans for a structure that will be an addition for the area. He added that the railroad tracks may not have a special meaning in this area. In the design of the structure for Brambilla Motors, the retail portion is less than 10 percent. City Planner stated that the individuals coming to this type of facility would increase and this type of traffic could be an intrusion to the industrial uses. Terry O 'Toole stated that Mr. Brambilla ' s business is unique to the area. He added that Brambilla Motors brings many people from outside the area and agrees that Mr. Brambilla should be permitted to relocate in the I-2 zone. Monique Brambilla stated that Brambilla Motors employs only nine people and even with the increase in individuals would still have less traffic than the businesses that would surround it. She added her support of her father' s request. The public hearing was closed. Spurrier/Kahleck offered Appeal Resolution No. 614 , and stated the reason for denial is that this is not a permitted use in the 1-2 , but a use for the B-i district, and moved for its approval . Motion carried unanimously. Mr. Brambilla stated the B-1 zones are too expensive. He added that his business is growing and he needs larger parcels. He added that if he were to call himself a wholesaler he would be allowed in the industrial zone. Comm. Spurrier stated the City has a responsibility to protect the I-2 uses. Comm. Mars stated that if Brambilla Motors is expanding, Mr. Brambilla should reconsider his options. Chrmn. Joos informed Mr. Brambilla of the 7-day appeal period. VII. OTHER BUSINESS : There was no other business. VIII . ADJOURNMENT: Board of Adjustments and Appeals adjourned at 9 : 00 p.m. # y PLANNING COMMISSION MEETING MINUTES Shakopee, Minnesota Regular Session July 11, 1991 MEMBERS PRESENT: Kahleck, Joos, Christensen, Lynch, Allen, Mars, and Spurrier MEMBERS ABSENT: None OTHERS PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant City Planner Dave Hutton, City Engineer Karen Marty, City Attorney Jane VanMaldeghem, Recording Secretary I. ROLL CALL The meeting of the Shakopee Planning Commission was called to order at 9 : 10 p.m. by Chrmn. Kahleck. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was amended to include under other business: a) Code enforcement; b) Clean-up options; c) Revocations. The agenda was then approved as amended. III. APPROVAL OF THE JUNE 6 AND JUNE 20 , 1991 MEETING MINUTES The minutes were approved as presented with Comm. Spurrier abstaining. IV. RECOGNITION BY PLANNING COMMISSION OF INTERESTED CITIZENS: Chrmn. Kahleck recognized interested citizens in the audience wishing to speak on any issue not on the agenda. There was no response. V. PUBLIC HEARING - FINAL PLAT OF WEINANDT ACRES 2ND ADDITION: Chrmn. Kahleck called the public hearing to consider an application for final plat for Weinandt Acres 2nd Addition to order. City Planner stated that Weinandt Acres 2nd Addition is located at the southwest corner of County Roads 17 and 42 and is the second phase of the development zoned R-1. He added that the final plat for Weinandt Acres 1st Addition was Minutes of the Page - 2 Shakopee Planning Commission July 11, 1991 approved by the City Council on June 3 , 1980. There is a requirement that Outlot A be dedicated to the city for access to the property to the west when development occurs. If it is determined that there is no need for a road on Outlot A, the property will be given back to the two abutting lots. Chrmn. Kahleck asked for comments from the audience. There were none. The public hearing was closed. Spurrier/Christensen moved to recommend to the City Council approval of the final plat of Weinandt Acres 2nd Addition subject to the following conditions: 1. Approval of title opinion by the city attorney. 2 . Execution of a developer' s agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of the SPUC manager. B. All on-site sewer areas must be protected from heavy equipment traffic. The state method of protection will be used. C. Local streets and street signs within the plat will be constructed and installed by the City of Shakopee at a cost of $250 each per sign pole. The streets shall be Plan A improvements and constructed by the developer. D. Construct a restriction to the existing 24 inch culvert to limit the maximum stormwater drainage to 14 cfs. (ie. a concrete headwall with a smaller diameter opening) . E. The developer shall dedicate Outlot A to the city as right-of-way. The street will be constructed when the adjoining land to the west is developed. F. A cash payment in lieu of land dedication for park purposes. The park dedication fee of $315 per lot shall be paid at the time of the building permit release, except for Lot 10, Block 2 . The applicant must pay the park dedication fee for this lot ($315) prior to final plat approval. 3 . The developer will be responsible for the grading of the plat, as per the drainage plan. Prior to any site grading, a permit must be obtained from the city engineer. All street drainage must be collected within the rights-of-way or in drainage easements. Minutes of the Page - 3 Shakopee Planning Commission July 11, 1991 4 . Each double fronting lot will be allowed only one access from the local residential streets. No access to County Road 17 will be allowed except for Lot 10, Block 2 . Field accesses from Lot 4 , Block 2 , will be removed upon completion of the internal streets. The field access to Lot 1, Block 3 , will be incorporated into a street access under the County Road 17 improvement project. 5. The signature block on the plat must be corrected: A. Delete Planning Commission signature block. B. Delete the City Administrator' s signature block and replace it with a signature block for the City Clerk. C. Add a signature block for the County Treasurer. 6 . The plat shall identify both the drainage and utility easements. Motion carried unanimously. VI. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 616 - COLE VANHORN: Chrmn. Kahleck called the public hearing to consider an application for a conditional use permit to allow the moving in of a residence to property located on the north side of East 4th Avenue, between Fillmore and Spencer Streets to order. Assistant City Planner presented the case report stating the conditional use permit is requested to move the structure currently located at 303 East 1st Avenue to the 4th Avenue location (Lots 3 and 4 , Block 52 , City of Shakopee Plat) . The proposed site is zoned R-2 . This move is initiated due to the Shakopee mini-bypass. She stated the applicant meets the criteria for approval or should have no problem meeting any of the requirements which are: 1) Dwelling unit must equal or exceed in value the adjacent homes; 2) Owner must show proof of ownership of the proposed location; 3) Dwelling unit must be compatible with adjacent houses; 4) Dwelling unit must meet all requirements of the Building Code within six months after it is moved; 5) Dwelling must be a permitted or conditional use in the zoning district. The Assistant City Planner stated that the applicant. currently has a home occupation, and it should be noted that, Minutes of the Page - 4 Shakopee Planning Commission July 11, 1991 if the conditional use permit for move-in is approved, the home occupation does not automatically move with the dwelling. Cole VanHorn, applicant, was present for discussion and stated that the lot is valued at $30, 000. He stated if he would wish to continue his home occupation, he realizes it would require another permit, but he is not intending to utilize the home occupation conditional use permit process. He stated that the state is requiring him to move. Comm. Kahleck asked for further comments from the audience. Bob Navarre, 409 4th Avenue East, questioned if there would be a garage for his working trucks and his equipment. He also questioned if there would be additional traffic due to the trucks. Mr. VanHorn responded by stating he would have the standard size garage and there would be no increase in traffic. The commissioners re-emphasized that this public hearing is only for a move-in dwelling and a home occupation is not an issue at this public hearing. The public hearing was closed. Christensen/Joos offered Conditional Use Permit Resolution No. 616 , allowing for the moving in of a dwelling, subject to the following conditions: 1. The Planning Commission finds that the structure meets or exceeds the value of, and is compatible with, the adjacent homes. 2 . The dwelling unit must meet all the requirements of the building code within six months after it is moved. 3 . The applicant must cap-off the existing sewer at the lot line and disconnect and remove the existing water service at the watermain at the time of the relocation. 4 . The applicant must post a certified check, letter of credit, or bond with the city equal in amount to the cost of abating all code deficiencies prior to the release of the conditional use permit. 5. The applicant must obtain a House Moving Permit, and a Curb Cut Permit (if needed) prior to the release of the conditional use permit. Minutes of the Page - 5 Shakopee Planning Commission July 11, 1991 6. The applicant must submit proof of ownership of the subject site prior to the release of the building permit. 7 . If the applicant proposes to continue a home occupation in the home, a conditional use permit for the home occupation must be obtained. Motion carried unanimously. VII . REVIEW OF CONDITIONAL USE PERMIT NO. 610 - FLOOD BROS : City Planner stated that at the June 7, 1991 meeting the Planning Commission passed a motion granting a 30-day extension of enforcement actions to Conditional Use Permit Resolution No. 610 and in that motion included a recommendation to revoke the conditional use permit if the Floods did not complete the move and cleanup by June 28 , 1991. The City Planner stated that based upon several field inspections, the applicant has not complied with the conditions set forth. Therefore, staff is recommending revocation to the City Council of Conditional Use Permit Resolution No. 610 for the Flood Bros. City Planner added that if Mr. Ferguson does not respond to the conditions of his Conditional Use Permit Resolution No. 448 , staff may also recommend to the City Council revocation of this conditional use permit. VIII DISCUSSION: INTERIM ORDINANCE REPORT: City Planner stated that at the June Planning Commission meeting, several comments were made on the draft report. These comments have been addressed and staff recommends the Planning Commission pass a motion recommending to the City Council approval of the Interim Ordinance Report. Christensen/Lynch moved to recommend to the City Council approval of the Interim Ordinance Report. Lengthy discussion was held on various issues of the report. Comm. Christensen called for the question. Motion carried unanimously. XI . OTHER BUSINESS : CODE ENFORCEMENT: Chrmn. Kahleck stated that the Downtown Commission passed a recommendation for support of a code enforcement officer. This recommendation will go to the CDC. Minutes of the Page - 6 Shakopee Planning Commission July il, 1991 Comm. Christensen suggested involvement by specific organizations to add support for an enforcement officer. She added the officer would be to enforce the improvement and protect the appearance of property values and should not be misconstrued with building violations or health and safety problems. A specific person is needed for zoning violations. Jane DuBois, Shakopee, addressed the Planning Commission and stated she has a direct interest in code violations because it affects the real estate market. She asked what type of code enforcement is currently in place. City Planner stated that right now the code is enforced based solely upon complaints received. There is no active code enforcer at this time in the city. Mrs. DuBois stated her support of the "Truth in Advertising Law vs. Strict Code Enforcement" , rather than a code enforcer stating that currently a seller can't sell unless certain repairs are made, with the Truth in Advertising Law, a seller can sell if the buyer is aware and willing and the Purchase Agreement notes any repairs necessary. Lynch/Christensen moved that the Planning Commission recommend to the City Council the addition of a code enforcer to the planning budget for 1992 . Motion carried unanimously. IX. OTHER BUSINESS : CLEAN-UP OPTION: Discussion was held on the responsibility of clean-up and the city ' s responsibility in monitoring any contaminated sites. IX. REVOCATIONS: City attorney stated that the ready mix asphalt plant on County Road 83 went up without approval of the City Council. She stated the City Council will consider if the Planning Commission should review this conditional use permit for revocation. She said the issue will be brought before the City Council July 16, 1991. X. ADJOURNMENT: The meeting of Shakopee Planning Commission was adjourned at 10: 30 p.m. 45 TENTATIVE AGENDA, PLANNING COMMISSION Regular Session Shakopee, MN August 8 , 1991 Chairperson Melanie Kahleck Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of the July 11 and July 24 , 1991 Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5 . 7 :40 P.M. PUBLIC HEARING: To consider an application for a conditional use permit to operate a Taxidermy business out of a residence. Applicant: John Pauly Action: Resolution No. 617 6. 7 : 50 P.M. PUBLIC HEARING: To consider an application for the rezoning of property in a I-2 district to a B-1 zone. Applicant: Jack and Doris Brambilla 7 . Final Plat - Eagle Creek Junction 3rd Addition - Laurent Builders. 8 . 8 : 10 P.M. PUBLIC HEARING: To consider a proposed ordinance amendment regarding wood storage. 9 . Other Business a. Zoning Enforcement Officer b. Housing Inspector Job Description/History c. 10 . Adjourn Lindberg S. Ekola City Planner Reminder: The City Council has scheduled a Budget Meeting - Tuesday, August 13 at 7 : 00 p.m. 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. TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN August 8 , 1991 Chairperson Terry Joos Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of July 11, 1991 Meeting Minutes 4 . Recognition by Board of Adjustments and Appeals of Interested Citizens. 5 . Other Business a. Cancellation of Public Hearing Variance - Vernon and Cynthia Pieper b. c. 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. 4v-7 MINUTES OF THE MUNICIPAL FACILITY TASK FORCE SHAKOPEE, MINNESOTA JULY 17 , 1991 The meeting was called to order at 7 : 00 p.m. with the following members present: Jim Stillman, Dave Kaufenberg, Paulette Rislund, Joan Lynch, Jim Murphy and Jane DuBois. Dick Mertz was absent. Barry Stock, Assistant City Administrator; Gregg Voxland, Finance Director and Jim Fehring were also present. Mr. Stock stated that at the last meeting, the Committee requested the City Finance Director to appear and answer questions regarding the potential availability of municipal funds to acquire, develop and/or construct facilities. Mr. Stock introduced Mr. Gregg Voxland. Mr. Stock requested Mr. Voxland to outline the various sources of potential funding. Mr. Voxland stated that the financial possibility that would probably receive the most political support would be a General Obligation bond referendum. Mr. Voxland stated that in order for this option to proceed, we would have to generate community support and go through an election process to issue G.O. Bonds. These bonds would be supported by a new tax. Mr. Voxland stated that these types of referendums are generally difficult to get approved because their approval results in a tax increase. Mr. Voxland said that another possible source of funds would be the City' s Capital Improvement Fund. Mr. Voxland stated that at first he did not think the Capital Improvement Fund could be used for land acquisition. He had thought that the Capital Improvement Fund could only be used for bricks and mortar types projects and not land acquisition. However, after re-reading the ordinance that established the Capital Improvement Fund, he now believes that an interpretation could be made that would allow for the use of Capital Improvement Funds for land acquisition. He stated that he attempted to have the City Attorney review the ordinance to give us a legal opinion but the City' s legal counsel was unavailable. Mr. Stock questioned the approximate fund balance in the Capital Improvement Fund. Mr. Voxland stated that there was approximately $2 million in this fund. Mr. Voxland pointed out that this fund in subject to Council ' s discretion as to what they want to spend this money on. Mr. Stock questioned how much of the fund balance was designated for specific projects at this time. Mr. Voxland stated that only a minor portion of the fund is designated at this time. He noted however that we do not have the Capital Improvement Fund for 1993 under way at this time. Commissioner DuBois questioned what the City generally uses the Capital Improvement Fund for. Mr. Voxland stated that the City did use the Capital Improvement Fund to purchase the new City Hall. The City also uses the fund for small improvement projects around town that are not bonded. Examples would include certain segments of sidewalk improvements, or small drainage projects. In 1991, the Jackson/Harrison Street improvements projects were partially funded through the Capital Improvement Fund. Minutes of the Municipal July 17 , 1991 Facility Task Force Page -2- Mr. Stock questioned how proceeds were generated for this fund. Mr. Voxland stated that the Capital Improvement Fund was initially established as a result of transferring funds from the PIR Fund. Today the basic source of funds is the surplus monies that are left over from closed out debt service funds. Mrs. Lynch questioned if any City property taxes were going into this fund. Mr. Voxland responded in the negative. Mrs. Lynch questioned whether or not the Capital Improvement Fund was a fund that was going to dwindle down to nothing. Mr. Voxland stated that if the fund was spent down to a level where there was no significant interest income being generated, he was not aware of any significant surpluses left over from closed out service funds. Any new dollars for the Capital Improvement Fund would have to be generated by the property tax levy which is part of our limited levy which is totally used up by our general fund operations right now. Mr. Murphy questioned why the Jackson/Harrison Street Projects were being partially funded out of the Capital Improvement Fund. Mr. Voxland stated that initially the City expected to bond for this project. However, since the City is assessing less than 20% of the overall project cost, the City cannot issue improvement bonds for the project. Commissioner Fehring questioned how much would have to be allocated from the Capital Improvement Fund for the Harrison/Jackson Street Project. Mr. Voxland stated that it was approximately $200, 000 . Mr. Kaufenberg questioned whether or not the City has ever used the Capital Improvement Fund for land acquisition purposes. Mr. Voxland stated that the Capital Improvement Fund was established in 1984 and that he was not aware of any property acquisitions that utilized the Capital Improvement Fund. Mr. Stillman questioned whether or not the Capital Improvement Fund was considered as a source of funds when the City was investigating alternatives sites for City Hall. Mr. Voxland responded in the affirmative. Mr. Stillman then stated that the concept of utilizing the Capital Improvement Fund for land purchases has then been discussed. Mr. Voxland stated that yes the concept has been discussed in the past. Mr. Kaufenberg questioned what the Capital Improvement Fund generated a year in interest. Mr. Voxland stated that the Capital Improvement Fund generated approximately $160, 000 a year in interest. Mr. Voxland stated another possible source of funding staff has done some research on would be the Tax Increment Trust Fund. Mr. Voxland stated that he is not completely sure whether or not the TIF Trust Fund can be utilized. He stated that it would be necessary for the City to get a legal opinion from the City' s Bond Council on the use of this fund. Mr. Voxland stated that the moratorium area located south of the Senior High School is not within the City' s Tax Increment Project area. He stated that if TIF Trust Funds can be utilized that the Minutes of the Municipal July 17 , 1991 Facility Task Force Page -3- Tax Increment Financing Plan would have to be amended to include the area within the moratorium area. Mr. Voxland stated that Council would have to go through a public hearing process and take the appropriate legal steps to amend the plan to allow for including this area within the project area and also amending the budget to expend the funds for land acquisition. Mr. Voxland stated that he was quite sure that if funds can be expended from the TIF Trust Fund and applied to land acquisition that they could only be applied to the cost of land use for recreational purposes. Mrs. Lynch questioned where the funds in the TIF Trust Fund go if they are not used for acquisition or bricks and mortar projects. Mr. Voxland stated that the TIF Trust Fund dollars are strictly used for debt service retirement. Mrs. DuBois questioned what the current balance of the Tax Increment Trust Fund was. Mr. Voxland stated that the current balance is approximately $4 million. Mr. Murphy questioned whether or not the balance was established as a protection mechanism against potential default. Mr. Voxland stated that the fund serves as a cushion against some of the major property owners not paying their taxes. Mr. Voxland stated that there is approximately $14 .7 million in bonds outstanding. Mr. Murphy questioned whether or not the majority of that was Canterbury Downs. Mr. Voxland stated that the special obligation tax increment bonds that directly benefit Canterbury Downs have a balance of about $2 . 5 million. Mr. Murphy questioned where the rest of the outstanding bonds were allocated. Mr. Voxland stated that the remainder of the bonds outstanding are for various projects around town including the roads in the industrial park, Holmes basin drainage, downtown mini by pass, southerly by pass, and the upper valley drainageway. Mr. Murphy questioned whether or not any of the outstanding bonds were allocated to FMG. Mr. Voxland responded in the negative. Mr. Voxland stated that no bonds were sold for the FMG project. It was a pay as you go tax increment deal . Mr. Voxland stated that if Council selects to not use the Tax Increment Trust Fund dollars for anything but bond retirement and tax levy' s stay relative to what they are this year, the Council could pay off all the bonds and close all the Tax Increment Districts in 1995 or 1996. Mr. Voxland explained that if Council pursued this action, the tax value that is tied up in the Tax Increment Districts would be available for the general tax base. The result, everybody' s property taxes would go down. Mrs. Lynch questioned whether of not staff has obtained an estimate of what the impact on the tax payer would be if the situation occurred. Mr. Voxland stated that he has not spent the time to figure out the tax impact of this course of action. Commissioner DuBois questioned whether or not there was a way to do a projection of what the impact would be on the average tax payer if the Tax Increment Districts were all closed. Mr. Voxland stated that the City' s financial advisor could compete an analysis of this Minutes of the Municipal July 17 , 1991 Facility Task Force Page -4- question. However, he cautioned that things could change drastically between now and 1996 in terms of the tax laws and tax levy. Mr. Stock stated that in 1995 or 1996 the City Council would be faced with a policy decision on whether or not they should close the Tax Increment Districts. Mr. Stock questioned whether or not the City could keep open the Tax Increment Districts and continue to accumulate funds within the Tax Increment Trust and use these dollars for other community projects. Mr. Voxland stated that he cannot continue to accumulate funds in the Tax Increment Trust beyond 1996 unless City Council selects to amend Tax Increment Financing Plan. Mr. Stillman questioned whether or not the funds accumulated in the TIF Trust Fund could be used to reduce taxes. Mr. Voxland stated that you can use the Tax Increment Trust Fund dollars to reduce taxes if you declare it as excess tax increment and turn it back to the County. Mr. Voxland stated that he believed you could declare surplus Tax Increment annually. Mr. Stillman stated that he thought Tax Increment proceeds could be used for projects that would benefit the community such as those previously identified by Mr. Voxland and also uses such as a community center. Mr. Stock questioned whether or no the City could sell G.O. Tax Increment Bonds to fund a community center. Mr. Voxland stated that the City could not sell G.O. Tax Increment Bonds against the existing districts. He stated that you would have to have a new district to support the debt retirement of the newly issued G.O. TIF Bonds. Mr. Stock stated that he thought Chaska sold G.O. Tax Increment Bonds that were financed with TIF Trust proceeds. Mr. Voxland stated that Mr. Stock was correct but that the law has since changed and that any new G.O. TIF Bond issues have to be supported by newly created Tax Increment Districts. Mrs. Lynch questioned how Chaska financed their new City Hall . Mr. Stock stated that he thought Chaska used a variety of funds including Sewer & Water Utility Funds to construct their City Hall. Mr. Stock stated that he also thought that TIF Bonds were issued and that a private developer actually constructed the City Hall. The City subsequently entered into a lease purchase agreement with the developer to utilize the new facility. Mr. Kaufenberg questioned whether or not the TIF Trust Fund was also generating interest. Mr. Voxland responded in the affirmative. Mr. Stillman questioned whether or not the interest income has to stay in the TIF Trust Fund. Mr. Voxland stated that the interest was treated as if it was Tax Increment. Mr. Murphy asked whether or not it would be possible for the City to amend the Tax Increment Financing Plan to provide for the use of funds for land acquisition and a community center development as well as an extension of the Tax Increment Financing Area to include Minutes of the Municipal July 17, 1991 Facility Task Force Page -5- the moratorium area. He also questioned that if this action were pursued whether or not TIF Trust Fund dollars could be utilized as a funding source. Mr. Voxland stated that at this point he believes that it might be possible to amend the Tax Increment Financing Plan and project area to accomplish what was outlined by Mr. Murphy. However, he went on to state that a legal opinion from the City' s Bond Council would be necessary to confirm whether it is possible. Discussion ensued on the tax impact on a typical household in Shakopee for each million dollars set aside in a referendum. Mr. Voxland stated that he could not comment on what the approximate impact would be per one million dollars of referendum. Mr. Voxland went on to state that the City has two enterprise funds that may be available if City Council so desires to acquire property. Mr. Voxland noted that since the Tax Increment Trust Fund cannot be used for the acquisition of property if it does not have a City purpose, that an alternative source would have to be identified for the portion needed by the School District. If City Council selects to assist the School District in acquiring some property, City Council could borrow dollars from the Sanitary Sewer and Storm Drainage Funds to acquire the property. Mr. Voxland stated that this would be a policy decision for City Council . He went on to note that this has never been done before. Mr. Voxland stated that each of these funds has approximately $1 million. Mr. Voxland stated that if this scenario was pursued, that an agreement would be necessary between the School District and the City to repay the City for the property acquired and to replenish the Sanitary Sewer and Storm Drainage Funds. Mr. Murphy stated that under a worse case scenario, if the School did not elect to follow through on a contract arrangement, the City could always sell the property and more than likely get more for it than what they would pay today. Mrs. DuBois questioned whether or not Shakopee has ever had a referendum. Mr. Voxland stated that the last referendum took place in 1975. This was for the construction of the Public Works Building/Police Building and remodeling of the Fire Station. Mr. Stillman questioned how much is being placed into the TIF Trust Fund annually. Mr. Voxland stated that there is approximately $1 million per year in new dollars being added to the TIF Trust Fund. Mr. Murphy questioned whether or not the $1 million of additional money being placed in the TIF Trust Fund varies from year to year. Mr. Voxland stated that the amount would vary depending upon the amount needed each year to cover debt retirement. Mr. Voxland stated that over the next few years the debt retirement slightly increases and then gradually diminishes until the bonds are retired. Mrs. Lynch stated that the possibility exists for the City Council to amend Tax Increment Financing Plan and enlarge the Tax Increment Financing Area and utilize the TIF Trust Fund dollars to construct a community center. Mr. Stock stated that staff believes that this would be possible but that the City would have Minutes of the Municipal July 17, 1991 Facility Task Force Page -6- to get a legal opinion from the Bond Council to determine if it is in fact possible. Mrs. DuBois stated that if this option was pursued, the City would not have to have a referendum. Mr. Stock responded in the affirmative. Mr. Voxland stated that depending on the dollar amount needed for a community center, the City could simply choose to keep the Tax Increment Districts open for a longer period of time. Mr. Stock summarized the use of the Tax Increment Trust Fund policy decision for Council as follows: either utilize the Tax Increment Trust Fund to construct a community center or retire the Tax Increment Districts and reduce City taxes. Mr. Stock stated that it was a policy decision for City Council . Discussion ensued on the number of projects that the City has done using TIF proceeds. Mrs. DuBois stated that she felt that the majority of the Taxpayers are unaware of the benefits that have been derived as a result of the Tax Increment projects in Shakopee. Mr. Stock stated that many of the projects that were pursued utilizing TIF Funds would normally have to had been assessed or would not have been done. Discussion ensued on the property tax situation in Shakopee. Mr. Murphy stated that someone had told him that he was paying the approximate same level of taxes on his property that he was paying over ten years ago. Mr. Voxland stated that the City' s portion of the tax bill has remained relatively level for the past ten years. Mr. Stillman stated that if you took the average of his property taxes over the past eight years, they have increased very little. Mr. Voxland stated that he felt the growth in commercial industrial base in Shakopee has helped keep down the residential property taxes. Mr. Voxland questioned when the next School Bond Referendum comes up. Mr. Murphy stated that there is a real advantage to the Shakopee residents if a referendum is pursued this fall. If the School District is successful in getting an extension to the referendum this fall, the commercial/industrial to residential property tax shift which is scheduled to occur would be avoided. Mr. Murphy stated that this is significant because at the present time a commercial/industrial property is taxed at about 5% and a residential property is taxed at approximately 1%. Under the proposed new formula a shift would take place to equalize the properties at approximately 2%. Mr. Murphy stated that this would have a tremendous impact on Shakopee because approximately 75% of the tax base in Shakopee is comprised of commercial and industrial property. If the shift occurs, a greater burden will have to be placed on the residential property owner. Mr. Murphy stated that he thought the impact on the shift of an $80, 000. 00 home would be approximately $200. 00 annually. Mrs. Rislund questioned whether or not the Park Reserve Fund would be an appropriate fund for land acquisition. Mr. Voxland responded in the affirmative. He did note however that each year more and more demands are being placed on the Park Reserve Fund for improvement projects. He went on to state that each year between $25, 000 and $30, 000 is added to the Park Reserve Fund. Mr. Voxland Minutes of the Municipal July 17, 1991 Facility Task Force Page -7- stated that park dedication fees are collected by the City when building permits are applied for. Based on previous years activity there is really very little dollars being generated for the Park Reserve Fund. Commission DuBois questioned whether or not the City could adopt a policy to collect park dedication fees at the time of final plat. Mrs. Lynch stated that she thought the Planning Commission would be evaluating this issue. Mr. Stock stated that he did not know whether State Statute governed when park dedication fees can be collected. He stated that he would follow up on this item with the appropriate City staff to determine if perhaps the City' s policy could be changed to generate park dedication fees in a quicker manner than through the normal and customary building permit process. Mrs. DuBois questioned whether or not the Park Reserve Fund was used for maintenance. Mr. Voxland stated that the Park Reserve Fund is only used for park improvement projects. Discussion ensued on how park dedication fees are determined. Mr. Stock then shared with the committee the final report that has been completed by City staff for municipal improvement within the moratorium area. Mr. Stock stated that the alignments have not changed much from what was presented at previous meetings. Mr. Murphy questioned what the acreage was north of the intersection of the Upper Valley Drainageway and Vierling Drive. Mr. Stock stated that the acreage estimates were comparable to what was provided at earlier meetings. Mr. Stock stated that he would calculate the exact acreage north of the intersection prior to our next meeting. Mr. Stock then reviewed the land space requirements that he generated at the request of the committee. Mr. Stock noted that obviously space requirements are determined based upon the size of a structure. Mr.Stock presented the committee with some general information that might be useful in determining the number of acres for a facility. Mr. Stock reviewed with the committee an example of a 100, 000 square foot facility and the appropriate open space and parking requirements that would be needed. The example indicated that between 6 and 7 acres would be needed. Mrs. Lynch questioned how big Chaska' s community center was. Mr. Stock stated that Chaska' s community center was 100, 000 square feet and occupied approximately 17 acres. However, some of the acreage in Chaska is not buildable since it on a slope. Secondly, Chaska allowed additional acreage for future expansion. Discussion ensued on the next course of action for the committee. Mr. Stock stated that perhaps the committee would want to generate a work plan that identified elements for City Council ' s consideration. Discussion ensued on why this committee was created and what Council expects. Mr. Fehring stated that the motion made by City Council creating the committee was as follows: to identify and analyze the need for municipal facilities within the moratorium area. Minutes of the Municipal July 17, 1991 Facility Task Force Page -8- Mr. Kaufenberg stated that he felt the first step in the work plan would be to list several of the top community needs identified by the committee. Mr. Murphy concurred but stated that he would not want to have the items prioritized. Mr. Stillman stated that once it has been determined that there are needs the next step would perhaps be to make a recommendation on the moratorium area itself. He stated that it would more than likely be appropriate to recommend that a portion of the land within the moratorium area be released and that the moratorium be maintained on a portion of the property. This would allow the City more time to analyze financing options and determine what if any facilities should be built. Mr. Murphy stated that the third item in the work plan might address the issue of financing. He stated that based on the information presented at this evenings meeting, legal questions still exist as to whether or not the Tax Increment Financing Trust Fund is a viable use of funding. Additionally, it needs to be determined if the Tax Increment Area can be expanded to include the area within the moratorium area. If it cannot be expanded the whole issue of using TIF Trust Fund dollars is moot. Mr. Stillman stated that he did not think it was beyond the mission of the committee to make recommendations in terms of what City Council might want to consider in terms of its next step. He stated that the next step of the work plan assuming the TIF Trust Fund is a viable source might be a recommendation on whether or not property should be acquired. The next logical step would seem to be that another committee needs to be created to further evaluate exactly what this community wants in terms of a facility if any. Mr. Murphy stated that at this point perhaps it would be appropriate to create a sub- committee of the Park Advisory Board to continue researching and identifying what the community needs are. This committee could be responsible for developing a scientific survey or making a recommendation to City Council on whether or not a consultant might be utilized to complete a survey. Mr. Stock stated that he would attempt to summarize the issues expressed by the committee and draft a work plan for the committee' s review at their next meeting. Mr.Stock questioned when the committee could get together for another meeting. It was the consensus of the committee to schedule August 14 , 1991 as the committee' s next meeting. Discussion ensued on when the committee would like to make a recommendation to the City Council . Mr. Stillman stated that he would be out of town the first week in September. Mr. Stock suggested the second City Council meeting in September as a proposed date to make a final report to the City Council. It was the consensus of the committee that September 17th would be fine. The meeting adjourned at 9 : 05 p.m. Barry A. Stock Recording Secretary g MEMO TO: Mayor and City Council FROM: Dave Hutton, Public Works Director SUBJECT: Lewis Street/Sommerville Street Project DATE: July 24, 1991 INFORMATIONAL ITEM FOR COUNCIL Approximately 6-8 property owners on the above referenced project have expressed concern over the condition of their sod installed on the above referenced project. Staff has reviewed all properties that have expressed concern. Attached is a draft copy of a letter City staff is proposing to send to the affected properties on this issue. This letter will probably not satisfy all of the property owners. If the City Council desires any changes to the letter, please notify me prior to or at the August 6, 1991 Council meting. The letters will be going out shortly after the Council meeting. Thank You. DH/pmp 410* CITY OF SHAKOPEE , INCORPORATED 1870 14t `r'+ ,�� 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 I/ s% 4 Dear Property Owner: There have been numerous concerns regarding the sod installation on the Lewis Street/Sommerville Street Project, specifically the poor quality of the sod and the fact that some of the sod has died. We have investigated the sod, which not only consisted of City Engineering staff inspection but included the sod contractor, the Scott County Extension Service and the University of Minnesota Horticulture Department. I would like to provide you with the results of our discussions and field inspections. First of all, I would like to point out that the maintenance of new sod is different than that of established grass, at least for the first year or so. If new sod is not properly maintained, it will not grow. New sod is much more susceptible to changes in the way it is maintained. The following are examples of maintenance that could actually harm new sod: • Cutting the grass too short causing the sod to burn out • Too much water causing a fungus to grow • Too little water • Too much fertilizer • Existing yards that have a high amount of weeds such as crabgrass, etc. The weeds will take over the new sod quite quickly if not controlled. In our review of the sod complaints on this project, it appears that most of the dead sod is the result of one or more of the above maintenance mistakes. There are several areas though, where it looks like patches of sod have died for no apparent reason. In talking to the Scott County Extension Office, they have indicated that due to the extremely wet spring, a fungus has started showing up in the area which may very well be the cause of this type of damage. There has been some concern expressed by some residents over the quality of the topsoil and its affect on the sod. We have sent samples of the topsoil used to the University of Minnesota Horticulture Department for analysis and the preliminary analysis is that the topsoil is acceptable for grass growth. Also, if there The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER The last thing that I would like to discuss is the contractor' s obligation. Per the contract with the City of Shakopee, the sod contractor is only responsible for the watering, maintenance and condition of the sod for the first 30 days after planting. This is common contract language for sod installation in most cities and also Mn/DOT specifications, because it is unreasonable to expect contractors to maintain the sod for longer than 30 days. If a longer time frame were specified it would drastically increase the project costs and directly affect the amount of special assessments. For this project, the sod was alive and growing and met City specifications at the end of the 30 day period. Some of the grass was unevenly cut and there were some gaps between rolls of sod laid, but City staff felt that these items would take care of themselves and in most cases they did as evidenced by the condition of the grass this spring. In summary, I would like to state that the investigation to date has not revealed any reasons for holding the sod contractor responsible for any sod that has died after the 30 day period. Therefore, I feel it is my duty to inform you that you will be responsible for making any improvements to the sod installed in front of your property as part of the Lewis Street/Sommerville Street Project. Please contact me if you have any questions or comments. Sincerely, David E. Hutton, P.E. Public Works Director DH/pmp LETTER MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director hd ( SUBJECT: 5th Avenue/Market Street DATE: July 25, 1991 INFORMATIONAL ITEM TO COUNCIL The contract completion date for the above referenced project is August 1, 1991 . There are several undeveloped properties adjacent to Market Street and 5th Avenue. The owners at these properties have contacted staff and expressed a desire to subdivide their property, either through the platting process or lot splits. They have also indicated that their developments may or may not include duplexes/twin homes which would require additional sewer and water services over the ones that were installed as part of this project. One of the properties involved is the City property acquired from Gelhaye. In an effort to accommodate these developers, staff has indicated that the City would postpone the paving of the final wear course of asphalt until October 1st. If additional services are needed as a result of their development proposal, they would not damage the final street. (Note: City policy prohibits street cuts on new streets for the first 5 years) Staff has informed the contractor of the contract extension date, but wanted to keep Council informed of this decision. DH/pmp 5TH STATE OF MINNESOTA DEPARTMENT OF GAMING • GAMBLING CONTROL DIVISION 1711 West County Road B Suite 300 South Roseville, Minnesota 55113 (612)639-4000 2 v v✓' July 22 , 1991 John Fallenstein rs�;- OF Sid:\tvii-4s- PHEASANTS PRESERVATION MANKATO 108 Walnut St -- Mankato, MN 56001 File: 02999-004 Premises: Rock Spring Supper Club RE: Premises Permit Discontinued Effective 05/12/91 This letter is to confirm that we have received one of the following from your organization: 1. A notice that you wish to discontinue gambling activity at the premises. 2 . A notice that your organization has discontinued ALL gambling activity. The premises permit for the gambling premises listed above has therefore been discontinued. A copy of this letter is being sent to the local unit of government where the gambling premises is located. Gambling Control Division Licensing Section cc:City of Shakopee dispp052291 AN EQUAL OPPORTUNITY EMPLOYER 12- BUSINESS UPDATE FROM CITY HALL Vol. 5 No. 8 Dear Chamber Member: August 1, 1991 Administration School is expected to complete their study in August. The Task Force intends to submit a The City of Shakopee now offically work plan to City Council for their review owns the former Marquette bank and consideration at their September 17, 1991 meeting. building. The bank will continue to lease space from the City until their new facility Earlier this year, the City of Shakopee is completed in the Spring of 1992. received a grant from Scott County for solid waste abatement activities. One of the grant The budget preparation process for components included funding for a Fall yard 1992 has begun. Because of the strict waste collection program. A Fall yard waste fiscal restraints imposed by the State, collection program will be held sometime in next year's budget will be extremely tight. October. The program will provide for free The City Council will be endeavoring to disposal of yard waste. The drop off maintain adequate service levels as it collection site will be located behind the finalizes the budget during the next three Public Works building. months. Enoineerint\public Community Works Development The 5th Avenue and Market Street Project is nearing completion with the The City has received notice of contractor now installing sod. condemnation from MnDOT for the parking lots located North of 1st Ave. A Jackson, Harrison, Shumway and Scott hearing date has been set for September 26, Streets now have all the curb and gutter placed and the contractor anticipates paving 1991. The condemnation documents specify that all property owners must vacate their within the next two weeks. property by November 30, 1991. City staff The 2nd Avenue Project has begun with is currently evaluating whether or not it utility work to begin the week of July 29th. would be possible for the City to reach a side agreement with MnDOT for the Bids were received for the warming continued use of the parking lots for a house/picnic shelter at JEJ Park. The low specified time period after the November bidder is Stang Concrete in the amount of 30, 1991 vacation date. If a side agreement $38,600.00. Staff will be requesting City can not be negotiated, the City will have to Council award of the bid at the August 6th vacate the lots at that time. The Downtown Committee is in the process of preparing a meeting. Construction will commence study of possible alternative parking lot following Council approval with project sites South of First Avenue. completion scheduled for September. The Municipal Facilities Task Force that was created to evaluate the need for municipal space within the 160 acre moratorium area South of the Senior High • A special Tl-1,ANIc YOU Darks andI�ecreatiorr from the Shakopee City Council to the The Parks and Recreation Advisory following businesses Board recently adopted its 1992-96 Parks and organizations Capital Improvement Program which will W 11 o helped make the now go to the Planning Commission to review. Projects for 1992 include the Lions 1 gg 1 Derby Days Park Pond/Trail Project, major repairs to Celebration a success: the municipal swimming pool, the Tahpah Park parking lot extension and trees-shrubbery program, the Upper Valley Mot Air High Shakopee Area Transit Drainage Trail, repairs to the Lions Park Shakopee Jaycees Routson's gP Shakopee Lion's Burger King tennis courts and possible land acquisition Shakopee Eagles McOoonald's Bill's Toggery Betti-Lu's Fashion — south of Stan's Park. The City Council has Stonebrooke Citizens State Bank final approval on all City CIP projects. Waste Marquette Bank AmStk Francis Medical Center Waste Management. Zne. Aazak Cable Parkside Printing Shakopee Knignts o: Colu:7us Persell's Hair Team Cy's Amaco IDIanning Kossa Studio Casualty Assurance Sport stop Domino's Pizza-n-Pasta Canterbury Downs Valley Sports Southwest Audio Visual On Wednesday, July 24, 1991 the Lyon's Drywall a Remodeling City of Shakopee Y Shakopee Public Jt•"-'es Mid-American Festivals Planning Commission held a special meeting Valley Liquor Jasper Stree=land Kawasaki Motors Alcorn Beverages to receive public testimony on the proposed Fragrance Marketing Group (TMG) Shakopee Tire : Auto K-Mart Perkins McKenna Sand and Gravel mine conditional Kentucky Fried Chicken Realty world - Kubes use permit. The public hearing has been Of Carpenter Dairy Queen Caldwell Banker Pizza Hut continued to us Wednesday, August 21. 1991. Happy Chef Certainteed y g Little Six Bingo Capesius The four week time frame will allow for a Eastman Dreg Laurent Builders Valleyfair Shakopee Valley Motel mediation process to occur. The Seller's Drywall Total Rental Lion's Tap Subwa Metropolitan Council staff will assist in the Dirks Furniture American Family Insurance - mediation process with the applicant, the Super 8 Motel Bob Loonan Pablo's Mexican Restaurant Resume Expressen Shakopee Mdewakanton Sioux Community, Valey,G=en Business Park City Looks the Cityof Prior Lake and the Cityof Business Outfitters FBirsts Marketn First Minnesota Savings • Shakopee. Pine Ridge Fitness Canter Treat Factory Robertson Chiropractic Super 8 Motel Shakopee Area Transit The Family Bank Bardee's Murphy's Landing Juba's Super Valu Marketing Arts Rock Spring Supper Club Shakopee Valley News Bernie Bauman, LTD - Accounting Services �lJ C SPAKOPEE CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - JULY 1991 July 1991 July 1990 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 10 71 5, 055,800 6 50 3, 142,900 Single Family-Septic 1 8 1, 341,600 3 10 1,239,900 Multiple Dwellings - 7 779, 600 - - - (# Units) (YTD Units) (-) (14) - (-) (-) - Dwelling Additions 11 56 268,990 10 43 98,900 Other 1 11 69, 180 - 13 114, 110 New Comm. Bldgs 1 3 1, 225, 000 2 4 4, 370, 000 Comm. Bldg. Addns. - 1 40, 000 - 4 1,741, 000 New Industrial-Sewered - - - - 1 11,972, 000 Ind. Sewered Addns. - 1 16,400 1 2 1, 012 , 800 New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Accessory/Garages - 18 182,290 3 19 111, 154 Signs & Fences 14 47 95,867 5 49 47, 295 Fireplaces/Wood Stoves - 1 4,200 2 8 16, 255 Grading/Foundation 1 3 202, 500 - 3 94, 000 Remodeling (Res. ) 3 23 175,500 2 16 84, 400 Remodeling (Inst. ) - - - - - - Remodeling (Comm/Ind. ) 5 29 1, 600, 397 6 23 632, 500 TOTAL TAXABLE 47 279 11, 057,324 40 245 24, 676, 914 TOTAL INSTITUTIONAL - - - - - - GRAND TOTAL 47 279 11, 057, 324 40 245 24 , 676, 914 No. YTD. No. YTD. Variances 1 3 - 2 Conditional Use 1 5 1 3 Rezoning - 2 - - Moving - - - - Electric 19 186 24 172 Plumbing & Heating 35 280 42 242 Razing Permits Residential - 1 - 1 Comm./Ind./Inst. - - - 1 Total dwelling units in City after completion of all construction permitted to date 4 , 572 Jeanette Shaner Building Department Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JULY, 1991. 9107 Kent Busch Const. 1122 Prairie Court House 72 , 000 L 4 B 2 , Prairie Estates 9108 Allen Brakemeier 314 Scott Street Sign 110 9109 Mike Cunningham 1328 Pondview Court Deck 2 , 660 9110 Randall Gansen 427 Cass Street Remodel 4 , 500 9111 Mike Strunk 2541 Emerald Lane Porch/Deck 3 ,400 9112 John Geis 1208 Madison Street Fence 750 9113 Randy Monnens 1240 Ruby Lane Deck 750 9114 Greystone Construction 1221 East 4th Avenue Remodel 25, 000 9115 Mark Olson Construction 229 West 1st Avenue Addition 20, 000 9116 Jeff Flood 1100 Legion Street Deck 2 , 000 9117 Larry Haakenstad 1312 Pondview Court Fence 350 9118 Burger King Corp. 1330 East 1st Avenue Sign 100 9119 Novak Fleck 1201 Vierling Court House 70, 000 L 10 B 1, Meadows 2nd 9120 Edna Waalen 4815 Eagle Creek Boulevard Fence 250 9121 Chad Vizecky 322 West 6th Avenue Fence 150 9122 Alwin Olson 2144 Heritage Drive Deck 1, 200 9123 J. L. Sullivan Const. 582 So. Marschall Road Remodel 18, 000 9124 Signs of Quality 1147 Canterbury Road Sign 500 9125 Shakopee Valley Printing 5101 Valley Ind. Blvd. So. Remodel 1, 000 9126 Gaylen Case 969 Shumway Street Porch 20, 000 9127 Enviroscapes 1710 East 10th Avenue Fence 600 9128 Gardner Brothers 1269 Ruby Lane House 69 , 000 L 1 B 2 , Heritage Place 2nd 9129 Ralph Christensen 2300 Marschall Road Porch 15, 000 9130 Andrew Lee 1028 Swift Street Fence 600 9131 Inland Container 3900 Highway 101 Ramp 600 9132 Gardner Brothers 1280 Ruby Lane House 69, 000 L 9 B 1, Heritage Place 2nd 9133 Larry Link 700 C. R. 83 Grading 1,500 9134 Attracta Sign 287 Marschall Road Sign 3,500 9135 Dick Jacobson 744 Jefferson Street Deck 500 9136 Novak Fleck 1028 Goldenrod Lane House 62,000 L 1 B 3, Meadows 5th 9137 Novak Fleck 980 Goldenrod Lane House 68, 100 L 4 B 3, Meadows 5th 9138 Kevin Olson 1004 11th Avenue East House 88, 000 L 4 B 2, Meadows 5th 9139 Stephen Qualy 4835 Eagle Creek Blvd. Patio Door 600 9140 Stephen Qualy 4835 Eagle Creek Blvd. Window 350 9141 Venus Sign Inc. 580 Marschall Road Sign 600 9142 Valleyfair One Valleyfair Drive Comm. 175, 000 9143 Norcutt Homes 1281 Sapphire Lane House 75, 000 L 2 B 5, Heritage Place 2nd 9144 Dennis Rolloff 951 South Pierce Fence 500 9145 Carlson Real Estate Shakopee Town Square Temp. Sign 100 9146 Gardner Brothers 1808 Granite Drive House 69, 000 L 16 B 2, Heritage Place 2nd 9147 Brian Suntree & Assoc. 1253 Wood Duck Trail House 124,800 L 9 B 1, Timber Trails 9148 Novak Fleck 994 11th Avenue East House 75, 000 L 5 B 2, Meadows 5th 9149 John Tylicki 1241 Tyler Street Porch/Deck 6,200 9150 Jim Berger 1311 Minnesota Street Deck 1, 550 9151 KMart Corporation Shakopee Town Square Signs 25, 000 9152 BDH, Inc. 1583 East 1st Avenue Reroof 13 , 000 9153 Griggs Contracting 325 West 5th Avenue Tank 2 ,800 Total: $1, 190, 620 ►LI Minutes of the Shakopee Community Development Commission City Council Chambers July 17, 1991 Chairman Albinson called the meeting to order at 5: 35 p.m. with the following members present: Charles Brandmire, Mike Beard, Bill Mars, Jon Albinson, Jane DuBois and Mike Pennington. Commissioner Miller was absent. Barry Stock, Assistant City Administrator was also present. Beard/Albinson moved to approve the minutes of the June 19, 1991 meeting as kept. Motion carried unanimously. Chairman Albinson shared with the Committee the problem that Jack Brambilla is having in identifying an appropriate site for his business that will have to be relocated as a result of the downtown mini bypass. Mr. Stock provided the Committee with background information on this topic. Mr. Stock stated that Mr. Brambilla is classified as a retail use. Mr. Brambilla would like to construct a facility in the I-2 zoning district. Mr. Stock noted that retail is not a permitted or conditional use in that zone. Discussion ensued on the Auto Auction. Discussion also ensued on the possibility of rezoning a portion of the I-2 district or amending the code to allow for retail activity along major thoroughfares. Commissioner Mars noted that Mr. Brambilla could locate his business on a smaller piece of appropriately zoned property than what he is proposing. This would allow him to at least have a portion of his business in the appropriate zone. Discussion ensued on preserving the integrity of the I-2 zoning district. It was the consensus of the Committee that Mr. Brambilla ' s business was important and that it would be nice if the City could keep the business in Shakopee. Chairman Albinson shared with the Committee a survey of local water rates. Mr. Albinson noted that the survey does include Shakopee' s recent rate increase. He noted that even with the rate increase, the City of Shakopee has the lowest water rates for heavy users in the metropolitan area. Mr. Stock noted that at the last meeting, the Committee requested staff to determine whether or not the City portion of the taxes collected off a new residential development project could be directed into a special fund. The intent was that these dollars could then be rebated back to the developer on a pay as you go basis for a specified number of years. Mr. Stock stated that he contacted the City' s financial advisor to ascertain whether or not this option has been pursued by other cities. The City's financial advisor responded in the negative. However, the City' s financial advisor stated that he felt the mechanics of the idea were Minutes of the Page - 2 Community Development Commission July 17, 1991 certainly reasonable. He suggested that City staff contact legal counsel to determine whether or not the concept was legal . Mr. Stock stated that he did contact the City' s attorney in an attempt to obtain a legal opinion in regard to this issue. Mr. Stock noted that the City Attorney has not completed research on this issue. Discussion ensued on whether or not a recommendation should be made to the Housing and Redevelopment Authority on the rebate funding option. Mr. Albinson stated that he felt in order to entice a developer that the funds should be some how distributed to the developer up front. Mr. Brandmire stated that this was possible. He stated that a Developer' s Agreement would be drafted between the developer and the HRA that would contain certain financial securities. The HRA reserve fund could be used as the initial funding source and could be replenished from the taxes collected off a new residential development project. Mr. Brandmire stated that the project could be done on a pay as you go basis or would work with an up front payment. It was the consensus of the Committee that prior to presenting this item to the HRA that the legal opinion should be obtained from the City' s attorney. If the concept is in fact legal, it was also the consensus of the Committee that the exact details of the program should be drafted in terms of a policy and that several illustrations should be developed to display how the mechanics of the concept would work. Mr. Stock stated that on Wednesday, July 10, 1990 the Shakopee Downtown Committee recommended to the Community Development Commission that the five year repayment provision specified in the program guidelines be eliminated. Mr. Stock noted that initially the HRA allocated $50, 000 of the HRA reserve fund to the Downtown Rehab Grant Program. In 1991 the HRA subsequently took action to continue the program through 1991, allocating $34 , 000 to the program. To date, the Shakopee HRA has only awarded $5, 427 . 45. Mr. Stock stated that the Downtown Committee believes that more should be done to stimulate the improvement of properties in the downtown area. The Downtown Committee felt that the five year repayment provision is acting as a barrier to property owners' participation. The Downtown Committee is recommending that the five year repayment provision be eliminated from the program guidelines in its entirety. The Downtown Committee feels if a downtown property is ultimately improved, what is the difference if the property owner sells the property and perhaps experiences a greater gain in resale. The Committee' s bottom line is that the property gets improved. Commissioner Brandmire stated that he felt the five year repayment provision should be retained. He noted that he felt it was the responsibility of the Community Development Commission, City Council and HRA to make sure that property tax dollars are maximized. He stated that he felt that if the five year repayment Minutes of the Page - 3 Community Development Commission July 17, 1991 provision was eliminated that property owners would, in fact, take advantage of the program, sell their property and incur a profit at the expense of the taxpayers. He stated that he did not feel the Shakopee residents would stand for such a program. Commission Beard questioned how Chaska was so successful in rehabilitation buildings within their downtown area. Mr. Stock stated that the City of Chaska utilized tax increment financing to eliminate blight and encourage new construction in their downtown area. Additionally, tax increment proceeds were utilized for the Chaska downtown streetscape improvements, including improvements that were made to the downtown park in Chaska. Mr. Stock stated that after the infrastructure improvements and community building improvements were made, downtown property owners followed suit with their own building improvements. Commissioner Pennington stated that he concurred with Mr. Brandmire. He stated that he felt that the Shakopee taxpayers would not respond favorably to the elimination of the repayment provision. Commissioner Beard concurred. Commissioner Mars stated that perhaps the grant amount could be increased to 50% . He recognized that the downtown property owners, who already applied for the grant, would not be enthralled with this idea but that perhaps they could be give an additional 25%. This would only amount to an additional $5, 427 . 45. Under this scenario, the City could retain the five year repayment provision and still provide greater incentive to the downtown property owners. Beard/Brandmire moved to maintain the status quo in regard to the Downtown Rehab Grant Program. Motion carried with Commissioner Mars voting nay. Mr. Stock reviewed the residential building site survey that has been completed by City staff. Mr. Stock stated that the survey identifies a number of vacant lots within the metropolitan service area. Mr. Stock stated that, at this time, there are approximately 1, 070 vacant lots within the MUSA area. At the current absorption rate of 100 homes per year, the City has a ten year supply on hand. Mr. Stock also noted that approximately 60% of the available lots are owned by one developer. Mr. Stock stated that City staff completed the survey as a result of the recent interest expressed in the moratorium area south of the Senior High School . If a portion of the moratorium area is acquired either by the School District or the City of Shakopee, it would have a significant impact on the number of available lots within the MUSA line. Commissioner DuBois stated that she felt the City of Shakopee should take whatever action necessary to expand the Metropolitan Service Area. She stated that she felt that while there is a rather large inventory of available lots at this time, that Minutes of the Page - 4 Community Development Commission July 17, 1991 changing several variables could have a significant impact on the number of lots available. Commissioner Albinson concurred. He noted that if the City' s building activity increased to 200 homes per year, the inventory would be less than five years. This assumes that none of the property within the moratorium area south of the Senior High is acquired for public purposes. It was the consensus of the Committee to continue monitoring this issue. Mr. Albinson stated that the owners of Valley Industrial Park may be embarking on a study to determine the industrial and residential growth potential in Shakopee. He stated that if Valley Industrial Park does in fact pursue this study, they would be happy to share the statistics with the City of Shakopee. He noted that this would be useful information in justifying a MUSA line expansion to the Metropolitan Council . Discussion ensued on code enforcement. Mr. Stock stated that the Downtown Committee and the Planning Commission are both concerned about the level of code enforcement in our community. Mr. Stock stated that, at the present time, code enforcement is pursued on a complaint basis. Discussion ensued on the various levels of code enforcement, including Truth in Housing, Code Compliance and Exterior Code Enforcement. Commissioner DuBois stated that she has information from the Minneapolis Board of Realtors on the various levels of code enforcement that a City may select to pursue. She stated that she would be happy to share this information with staff. It was the consensus of the Committee that code enforcement in Shakopee is a problem and that the issue should be addressed by Council in the 1992 budgeting process. DuBois/Mars moved to adjourn the meeting at 7 : 00 p.m. Motion carried unanimously. Barry A. Stock, Recording Secretary l� Minutes of the Downtown Ad Hoc Committee City Council Chambers July 10, 1991 Vice-chairperson B. Wermerskirchen called the meeting to order at 7 : 50 a.m. with Commissioners D. Wermerskirchen, B. Wermerskirchen, VanHorn, Phillips and Kahleck present. Barry A. Stock, Assistant City Administrator was also present. Commissioner Keen was absent. Kahleck/D. Wermerskirchen moved to approve the minutes of the June 12 , 1991 meeting as kept. Motion carried unanimously. Mr. Stock stated that the City has received notice of condemnation from MnDOT for the parking lots located north of 1st Ave. Mr. Stock stated that the documents specified a hearing date of September 26, 1991. The condemnation documents also specify an October 31, 1991 requested title transfer date. Finally, the condemnation notice states that all property owners must vacate their property by November 30, 1991. Mr. Stock stated that it may be possible for the City to reach a side agreement with MnDOT for the continued use of the parking lots for a specified time period after the November 30, 1991 vacation date. However, this would necessitate the City agreeing to an acquisition price. Mr. Stock noted that the issue of how the parking lots are to be replaced is still of concern to several property owners in the downtown area. One property owner in particular has made several points to City staff regarding the replacement of the parking lots and the due process rights of the property owners who paid for the parking lots. Mr. Stock stated that City staff is evaluating the appropriate course of action for Council ' s consideration. Discussion ensued on the potential of litigation on this matter. Mr. Stock stated that he would keep the Committee up to date on the action taken by Council in regard to this matter. Discussion ensued on the Chamber Retail Survey. Mr. Stock stated that the survey was mailed out approximately two weeks ago and that he expected the results to be available by our next meeting. Mr. D. Wermerskirchen stated that the Chamber of Commerce and the Retail Committee had some difficulties in preparing the survey for distribution in a timely manner. Mr. Stock informed the Committee that an intern from the Engineering Dept. was working on the downtown parking analysis. At this time, daily traffic counts and a longitudinal time study of the parking lots and on-street parking is being preformed. He hoped to have some preliminary data for the Committee' s review by our next meeting. Minutes of the Page - 2 Downtown Ad Hoc Committee July 10, 1991 Discussion ensued on the Downtown Rehab Grant Program. Mr. Stock stated that there has been some recent interest expressed by several property owners in the downtown area in regard to the program. Mr. Phillips stated that less than $10, 000. 00 of the eligible proceeds have been utilized in the program. Mr. D. Wermerskirchen stated that he felt that the payback provision presently existing in the program guidelines is a deterrent for several property owners. Mr. Stock stated that approximately one year ago the Downtown Committee attempted to get the one year payback provision eliminated from the guidelines and the Community Development Commission did not concur. Mr. D. Wermerskirchen stated that since we have seen limited activity from downtown business owners that it may be appropriate to amend the program guidelines to stimulate further participation. He felt that several downtown property owners would participate in the program if the payback provision was eliminated. Mr. VanHorn stated that he felt the payback provision was positive in that it required the applicant to be committed to the project. He stated that an alternative to eliminating the payback provision to encourage further participation would be to increase the grant amount to 50% and maintain the payback provision. Mr. Phillips stated that if the City is serious about doing something to improve the aesthetic appearance of the buildings in the downtown area, the program guidelines should be amended to encourage additional participation. Mr. Phillips also stated that if the grant amount was increased to 50%, the property owners who have already applied for the grant program may become offended and request an additional 25%. Commissioner Kahleck stated that she felt it was important for the Downtown Committee to be careful about alienating property owners in the downtown area by changing the program guidelines to offer one person more than what another person received. Commissioner Phillips stated that if the payback provision is eliminated, he felt it would have less impact on the property owners who have already applied for and received grant funding. Commissioner Phillips stated that since there has been very little activity in the program, he felt that the persons interested in the program have already taken advantage of it and that the future use of the program may be minimal given the present program guidelines. D. Wermerskirchen/Kahleck moved to recommend to the Community Development Commission that the Rehab Grant Program guidelines be amended, eliminating the payback provision. Motion carried unanimously. Mr. B. Wermerskirchen stated that he is aware of several persons that are interested in locating their business in the downtown area but that there is not suitable building space available. He questioned what the City could do to encourage the development of new buildings in the downtown area. Mr. Stock stated that the City has very limited financial resources available to assist property owners in developing property anywhere in the city. Mr. Stock stated that new buildings would be eligible for the Rehab Grant Program and that tax increment financing may be a possibility if it Minutes of the Page - 3 Downtown Ad Hoc Committee July 10, 1991 were a large enough project. Mr. D. Wermerskirchen requested staff to meet with the owners of Eastman' s Drug to show them how a building might be situated on several vacant properties in the downtown area. He stated that he did not know if the owners were aware of the setback requirements or the parking requirements in the downtown area. Mr. Stock stated that he has met with the owners of Eastman Drug on one occasion and that he would be happy to meet with them again to discuss possible sites in the downtown area. Mr. D. Wermerskirchen inquired whether or not there is anything the City could do to force property owners to fix up their building exteriors. Mr. VanHorn stated that approximately a year and a half ago, the City did have a housing inspector who did enforce building code standards. Unfortunately, Mr. VanHorn stated the employee did his job too well and that he alienated several persons and the City subsequently eliminated the program. Commissioner Kahleck stated that the Planning Commission is also very concerned about code enforcement. She stated that she felt the City Council should include in the 1992 budget a position to handle code enforcement on more than just a complaint basis. Mr. Stock stated that this is not a very good time for the City to be considering adding additional staff. Commissioner Kahleck stated that in some communities the Building Officials are responsible for code enforcement. She questioned whether or not the duties of our Building Officials could be expanded to include a more aggressive code enforcement program. Mr. Stock stated that this is an alternative that might be more acceptable than hiring a new person. Commissioner Kahleck questioned if City staff could do a brief survey of surrounding communities to see how they handle code enforcement. Mr. Stock stated that he could have the Assistant Planner do a brief survey for the Planning Commission' s review tomorrow night. Commissioner Kahleck stated that she felt that code enforcement was a serious problem in Shakopee and that the Downtown Committee should encourage and support the hiring of a Code Enforcement Officer. She felt that the Planning Commission and Community Development Commission would likely concur on this issue. Kahleck/D. Wermerskirchen moved to recommend to the Community Development Commission that the Community Development Commission go on record in support of and encouraging the hiring of a Code Enforcement Officer. Motion carried unanimously. Mr. D. Wermerskirchen stated that perhaps at a minimum the job responsibilities of the Building Inspectors could be modified to achieve the same end result in terms of a stricter code enforcement program. Phillips/Kahleck moved to adjourn the meeting at 9 : 05 a.m. Barry A. Stock, Recording Secretary SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION MEETING MINUTES JUNE 19, 1991 Members in Attendance: Barry Stock, Kevin Haugen, Jim Parsons, Randy Kruger, John Breitbach, Colleen Jones, Ken Anderson, John Albinson, Kay Schmudlach, and Bill Jaffa The third meeting of the SCEDC was called to order at 7: 30 a.m. on June 19, 1991 in the Prior Lake City Hall Community Room. I. Approve Minutes of the May 15, 1991 SCEDC Meeting The minutes were incomplete and therefore the committee could take no action at this time. President Barry Stock requested Secretary/Treasurer Kay Schmudlach to redo the minutes and submit them at the next meeting along with the minutes from the June 19, 1991 meeting. II. Treasurer's Report Kay Schmudlach Secretary/Treasurer reported that to date we have deposited $5, 000 in the checking account. The following cities have paid: Shakopee, Belle Plain, and Jordan. The following organizations have paid: Signal Bank of Savage, Scott County HRA, Valley Bank of Minnesota in Jordan, Marquette Bank of New Prague, Prior Lake State Bank, Valley Green Industrial Park, and State Bank of Belle Plain. Money yet to be collected include: City of Prior Lake, City of New Prague, State Bank of New Prague, Scott County, and City of Savage. Colleen Jones turned in a check for $500 from the State Bank of New Prague. Kay Schmudlach reported the City of Prior Lake's check was prepared. III. Appointment of Additional Offices President Barry Stock reported that no additional appointments would be made since no new members had come to this meeting. Barry encouraged everyone to contact their local people and encourage them to participate in this organization. IV. Discuss One Year Work Program Barry distributed a copy of a One Year Work Program as amended at the last meeting. The committee reviewed the 1 goals and indicated that several of the items had a July deadline and that the committee had best focus on those at this time. V. Review the Joint Powers Agreement and Bylaw Revisions Barry distributed a copy of the Coalition's Joint Powers Agreement and requested that the cities or the EDA submit these to their Boards prior to the next Scott County Economic Development Coalition meeting date. The amendments to the Joint Powers Agreement have been discussed in the past and were voted on and accepted for approval at the last meeting. The Bylaw revisions were minor and were approved at the last SCEDC meeting. VI. Meet With Bill Stanway of the SBA Office Colleen Jones reported that Mr. Stanway would not be able to meet at this time. Colleen agreed to contact him to see if he would be able to attend the next meeting. The committee spent a great deal of time discussing the SBA and still expressed a confusion and frustration with not exactly knowing the process. Kay was requested to contact Bob Heck to see if he would also be able to attend the next meeting so that we would have a full discussion and get the process out in the open and try to make a determination on whether we will seek membership with the Certified Development Company. Kay was asked to draft a letter to confirm the invitations to Bob Heck and Bill Stanway. VII. Other Business The Scott County Economic Development Coalition discussed the subcommittee activities. The Marketing Subcommittee has met once and made some progress with evaluating what their focus will be with their marketing efforts. The Business Retention Subcommittee has not met but will be meeting in the next several weeks. Both subcommittees were encouraged to meet and bring their information back to the Board meeting next time. VIII. Adjournment The meeting adjourned at 9 : 15 a.m. The committee agreed to meet next time on July 19 , 1991 at 8 : 00 a.m. instead of 7 : 30 a.m. 2 SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION MEETING MINUTES MAY 15, 1991 Members in Attendance: Barry Stock, Kevin Haugen, Jim Parsons, Randy Kruger, John Breitbach, Colleen Jones, Ken Anderson, John Albinson, and Kay Schmudlach The second meeting of the SCEDC was called to order at 7: 30 a.m. on May 15, 1991 in the Prior Lake City Community Room. I. Approve Minutes of the April 25, 1991 SCEDC Meeting MOTION BY COLLEEN JONES, SECONDED BY KEVIN HAUGEN, TO APPROVE THE MINUTES AS WRITTEN. THE MOTION PASSED UNANIMOUSLY. II. Treasurer's Report Kay Schmudlach Secretary/Treasurer reported that at this time she had not opened a checking account but had recently received a series of checks and would be opening an account prior to the next meeting. Kay asked for advise on whether a checking or savings account should be established. The committee agreed that a checking account should be established at one of the local banks. III. Appointment of Additional Offices Barry Stock addressed the organization and asked that the committee consider John Albinson for membership as an officer of the Scott County Economic Development Coalition. MOTION BY KAY SCHMUDLACH, SECONDED BY JOHN BREITBACH, TO APPOINT JOHN ALBINSON FROM VALLEY GREEN INDUSTRIAL PARK AS A MEMBER OF THE SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION BOARD. THE MOTION PASSED UNANIMOUSLY. The committee discussed the terms and agreed that Barry should arbitrarily designate the terms of one to three years per each individual. Members did not particularly care what their initial terms would be. 1 IV. Discuss the SBA Loan Processing Colleen Jones reported that she had talked to Bill Stanway and invited him to attend our next meeting to discuss Small Business Loans. Colleen asked for direction from the Board regarding what specific questions we would like him to address. The following items were listed: 1. The most effective way to use the Small Business Association. 2 . The various programs through the SBA loan system. 3 . The specifics of the 7A and 504 loan processing procedure. 4 . The structure for the fee income for the banks and for the coalition if they decide to enter into a certified development company. Colleen reported that she would talk to Bill and encourage him to come to the June 19 , 1991 meeting. We would place him on the agenda later probably 8 : 30 - 9 : 00 p.m. to address the terms. V. Discuss One Year Work Plan Barry introduced the One Year Work Plan and summarized the changes that were made to the program. Barry discussed the Mission Statement and also discussed the subcommittee structure. Two subcommittees were identified: Marketing and Business Retention. The Marketing Subcommittee was designated to include these assignments: 1) to developing a marketing strategy, 2) to develop a target marketing strategy, 3) to discuss an economic development day, 4) to discuss a logo, and 5) to discuss the publications that we will be processing. The committee members include Jim Parson, John Breitbach, and Randy Kruger. The Business Retention Subcommittee, the second subcommittee, the assignments are: 1) to establish a profile sheet, 2) to connect our labor survey, 3) to discuss a data sheet, and 4) to talk about a business retention expansion strategy. The members of this subcommittee include Ken Anderson, Kay Schmudlach, and John Albinson. VI . Other Business Signature Pages Barry discussed the fact that cities have not formally entered into the Joint Powers Agreement because there is 2 not a common signature page. Barry will be responsible for circulating this and getting all the signatures. Bylaw Revisions The committee requested an update on the Bylaw and Joint Powers Agreement revisions. Barry reported that the revisions were being made and would be placed on the next agenda. The committee asked for formal motions to support the changes as addressed. MOTION BY RANDY KRUEGER, SECONDED BY KEN ANDERSON, TO SUPPORT THE FIRST AMENDMENT TO THE BYLAWS THE MOTION PASSED UNANIMOUSLY AGREED UPON. MOTION BY BILL JAFFA, SECONDED BY COLLEEN JONES , TO APPROVE THE CHANGES TO THE JOINT POWERS AGREEMENT THE MOTION PASSED UNANIMOUSLY. The committee also discussed some type of format for the next coalition meeting and agreed to cover at a minimum the following items on the agenda: - Treasurer's Report - Minutes Approval, Subcommittee Update - Bylaw Revisions - SBA Loan Processing Discussion - Circulate Signature Page VII . Adjournment The meeting adjourned at 9 : 00 a.m. 3 Pcf7 NOTICE FILINGS OPEN CITY OF SHAKOPEE Notice is hereby given that affidavits of candidacy may be filed in my office at 129 East First Avenue between 8 : 00 a.m. and 4 : 30 p.m. beginning Tuesday, August 27th and ending Tuesday, September 10th for the offices of: 1 MAYOR - two year term 3* COUNCILPERSONS - four year term Dated this 2nd day of August, 1991. Judith S. Cox City Clerk City of Shakopee * (Note: this may be reduced to 2 at an upcoming election) TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 6, 1991 Mayor Gary Laurent presiding Roll Call at 7: 00 P.M. 1] Approval of Agenda 2 ] H.R.A. Meeting 3 ] Liaison Reports from Councilmembers 4] Mayor' s Report a] Recognizing city employee for 30 years of service 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] 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. ) *7] Approval of Minutes of July 16, 1991 8] Communications: a] James N. Grube, City Engineers Association of Minnesota, regarding a transportation utility b] James A. Terwedo, Scott County Attorney, regarding the termination of the prosecution agreement 9] 7 : 30 P.M. PUBLIC HEARING to consider closing the Naumkeag Street railroad crossing 10] Boards and Commissions: Planning Commission: a] Interim Ordinance 11] Reports from Staff: a] Engineering CAD Hardware and Software Purchase *b] 1991 Audit Services c] 1991 Improvement Bonds *d] Surplus/Found Property e] Approve Bills in Amount of $1, 731, 536. 86 (includes bond defeasance in amount of $1, 526, 532 . 50) *f] Assessment Agreement with Scott County TENTATIVE AGENDA August 6, 1991 Page -2- 11] Reports from Staff continued: *g] 1991 Police Officers Union Contract *h] Completion of Probationary Period for Raymond Erlandsen *i] 3 . 2 Beer License - Kenneth D. Berg 12 ] Resolutions and Ordinances: *a] Res. No. 3427 - Approving Final Plat of Weinandt Acres Second Addition b] Res. No. 3434 - Approving Plans and Specs for Phase I of the Bloomington Ferry Bridge Project *c] Res. No. 3435 - Accepting Work on the 1990 Sidewalk Replacement Program, Project 1990-11 d] Res. No. 3436 - Approving Plans and Specs and Ordering Bids for the 1991 Pavement Preservation Program, Project 1991-6 *e] Res. No. 3437 - Apportioning Assessments for Meadows 5th *f] Res. No. 3438 - Amending the Assessment Roll for the Market Street Assessments, Project 1988-6 g] Res. No. 3439 - Accepting Bids on the Warming House - Picnic Shelter in J.E.J. Park, Project 1991-5 *h] Res. No. 3440 - Amending the Personnel Policy Relating to Special Leaves Without Pay i] Ord. No. 315 - Reducing Membership on City Council, memo on table 13 ] Other Business: a] b] c] d] 14] Recess for an executive session to discuss pending litigation 15] Re-convene 16] Adjourn to Tuesday, August 20, 1991 Dennis R. Kraft City Administrator REMINDER: August 13th, Council will meet as a committee of the whole August 20th, Council will meet in regular session August 27th, Council will meet as a committee of the whole TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting August 6, 1991 1 . Roll Call at 7 : 00 P.M. 2 . Approval of the July 2 , 1991 Meeting Minutes 3 . Acquisition of Property - 5th Avenue\Market Street 4 . Other Business a) b) 5 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY Regular Meeting July 2 , 1991 Chairman Zak called the meeting to order at 7 : 05 p.m. with Comm. Vierling, Wampach, Sweeney and Clay present. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Dave Hutton, City Engineer; Lindberg Ekola, City Planner; Karen Marty, City Attorney; and Mayor Laurent. Sweeney/Clay moved to approve the minutes of June 4, 1991. Motion carried unanimously. Barry Stock reviewed the acquisition of property, 5th Avenue and Market Street. He said the City paid $54 , 440. 53 for the property, and staff is recommending that the HRA authorize appropriate City officials to acquire the property with assessments to be the responsibility of the buyer. Cncl . Sweeney had a concern on the HRA being out of funds. Clay/Vierling moved to approach the City Council with the prospect of rezoning this land to a higher density prior to acquiring the land along with the land directly to the east. Motion fails with Comm. Vierling, Sweeney, and Clay opposed. Discussion ensued on the possibility of reviewing the comp plan. Clay/Sweeney moved to table to allow staff to respond to the issues that have been raised, including park dedication fees and other land development costs. Motion carried unanimously. Sweeney/Wampach moved to adjourn. Motion carried. Meeting adjourned at 7 : 30 p.m. Dennis Kraft, City Administrator Carol L. Schultz , Recording Secretary f.E) MEMO TO: Dennis R. Kraft, HRA Executive Director FROM: Barry A. Stock, Assistant City Administrator RE: Acquisition of Property - 5th Avenue\Market St. DATE: July 25, 1991 INTRODUCTION: On April 2 , 1991, the Shakopee HRA authorized the appropriate officials to negotiate with the City for the acquisition of the property West of Market Street and South of 4th Avenue. The property in question was acquired by the City of Shakopee to facilitate the 5th Avenue Improvement Project. On July 2 , 1991 the HRA tabled action on this matter pending further information from staff. BACKGROUND: On July 2 , 1991 the Shakopee HRA raised several questions regarding the acquisition of the property adjacent to the 5th Avenue\Market Street Project. The HRA questioned whether or not it would be practical to petition the City of Shakopee to waive customary development costs that are associated with platting property. These costs might include park dedication fees, platting costs and survey costs. In essence, the HRA questioned whether or not it would be feasible for the HRA to buy the property and develop it or whether it would be cheaper for the City to develop the property prior to the HRA' s acquisition. Finally, the HRA questioned whether or not the property could be rezoned to a higher density. On April 2 , 1991, staff presented several alternatives to the HRA for their consideration regarding the potential development of the aforementioned property. The analysis presented at that time included two development options. (See attachment #1) The first option (linear development) evaluated the potential development of the property by the Shakopee HRA. Under this scenario, the HRA would incur platting and development costs to develop six lots on Outlot C (see attachment #2) . Due to the irregularly shaped parcels acquired by the City in this project, a large portion of the property is not developable (Outlots A and B) unless additional property is acquired. Under a best case scenario, staff analysis revealed that the HRA would incur a net loss of approximately $5, 480. 00. If the HRA were to pursue rezoning to either R-3 or R-4 , given the bulk area requirements within these zoning districts, (min. lot width - 100 ft. ) only four lots could be developed and platted. While the value of the property would increase as a result of rezoning, the subsequent loss in the overall number of lots that can be developed virtually offsets the increase in land value. Therefore, in either scenario platting single family residential or multi-family, the projected sale value of the property essentially remains unchanged. In regard to petitioning the City Council to waive park dedication fees, while this is an option, staff would not recommend it. The projected park dedication fees only amount to $4100. 00 and staff is not aware of any cases where park dedication fees have been waived by the City. On April 2 , 1991 the Shakopee HRA also directed the appropriate City officials to solicit a real estate agent to market the property on behalf of the City and Shakopee HRA. Proposals for realtor assistance were subsequently taken and a realtor has been selected. At the present time, the property in question has been listed with the real estate agent and is actively being marketed. The property in question (Outlots A, B and C) have been listed for a price of $122 , 500. The total acquisition price paid by the City of Shakopee for the aforementioned property formally owned by Gordon Gelhaye and the railroad equated to $54,440 .43 . Pending assessments for the property equate to approximately $82 , 000. 00. Since the City of Shakopee does not have a fund to cover the cost of acquisition and pending assessments, staff is recommending that the HRA acquire the property from the City. Staff would like to point out that when consideration was given to the feasibility of the 5th Avenue Improvement Project, it became apparent that due to the irregularly shaped parcels as they were situated prior to the City' s acquisition, the property in question was not suitable for development and therefore not assessable. Therefore, in order for a large majority of the 5th Avenue Project to be assessed, it became necessary for the City to acquire the property in question. In fact, only a very small portion of the property in question was actually needed for the roadway improvement. If the property would not have been acquired by the City of Shakopee, the 5th Avenue Project would not have been feasible. It would have not been feasible because the Capital Improvement Fund can not be used for property acquisition. At the July 2 , 1991 meeting, staff proposed that the Shakopee HRA acquire from the City of Shakopee the aforementioned property for a price of $54 , 440.53 with the assessments to be the responsibility of the buyer (in this case the HRA) . In regard to the pending assessments; the City has on occasion deferred the payment of assessments until property has been developed. If the HRA in fact acquires the aforementioned property as previously stated, they could petition the City of Shakopee for a deferment of the assessments until the property is developed. In the past, assessments have been deferred with interest accrued and payable by the property owner. A second option exists in regard to the pending assessments. The Shakopee HRA may want to consider requesting the City of Shakopee to utilize the Capital Improvement Fund to cover the cost of the pending assessments for the street improvements. The City Council could also consider utilizing the Capital Improvement Fund, or the Storm Sewer and/or Storm Drainage Fund to offset any remaining pending assessments on the aforementioned property. If the Shakopee HRA was successful in this request, and the City Council agreed to the acquisition price of $54, 440, then the HRA would more than likely realize a gain on the property when it is sold. The resultant gain would obviously have a positive impact on the HRA Reserve Fund balance. (Option #4) The HRA Reserve Fund balance presently has approximately $175, 000 of unallocated proceeds available for this type of project. Staff has outlined several potential courses of action for the HRA' s consideration. Staff is recommending that the Shakopee HRA direct the appropriate City officials to submit to the City of Shakopee an offer for the aforementioned property in the amount of $54, 440 with the pending assessments to be offset by the City of Shakopee' s Capital Improvement Fund, Storm Sewer Fund or Storm Drainage Fund. This option would serve to inject funds into the HRA Fund balance. ALTERNATIVES: 1 . Authorize the appropriate HRA officials to submit to the City of Shakopee an offer for the aforementioned property in the amount of $54 , 440. 53 with the assessments to be covered by the City of Shakopee' s Capital Improvement Fund, Storm Sewer Fund and/or Storm Drainage Utility Fund. (Option #4) 2 . Authorize the appropriate HRA officials to acquire from the City of Shakopee the aforementioned property for the amount of $54 , 440. 53 with the assessments to be the responsibility of the buyer and deferred until the property is developed by a private developer. (Option #2) 3 . Acquire the aforementioned property from the City of Shakopee for the amount of $54 , 440. 53 and direct staff to proceed with platting the property. (Option #1) 4 . Acquire the aforementioned property from the City of Shakopee for the amount of $54 , 440. 53 with the assessments to be the responsibility of the buyer with park dedication fees waived and platting to be pursued by the HRA. (Option #3) 5. Do not acquire the property from the City of Shakopee. 6. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Authorize the appropriate HRA officials to submit to the City of Shakopee an offer for the aforementioned property in the amount of $54 , 440. 53 with the assessments to be covered by the City of Shakopee' s Capital Improvement Fund, Storm Sewer Fund and/or Storm Drainage Utility Fund. (Option #4) NH a01 > 1-3 W N H Z1 U1 .PWNH t'l 0 C(D ro (D H --. Cn�-. 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H N .P 00 U1 () 0 N1•i H .P N N 0 l0 00 Ul NJ .P < r"(3- 07 U1 . . (D H• rt 0 ,ti W - • -.1 0 01010 1 00 HG H- O ti CO N LT) NJ 0 000 1 00 O (D O 0 0 0 N 0 0 0 000 0 0 a Z 1:1 O 0 • . . . • • 5 tic, fi (D • • • 0 0 000 00 (D w a K 0 0 0 0 0 000 0 0 G H I-'• rt- — O O — rt a 6< — b7 ›, K N 0 H H [01 CO (D00 .P N N 01 U1 O • 0, 0 0) U1 N 0 �1 07 U1 .P N'ti(D ;� 01 N U1 -I 0 () 01 0 1 1 0 H- ri 1 N N 0 N 0 0 0 0 I 10 (D O W 0 0 0 0 0 0 0 0 00) • . . • . ri 0 0 00 0 0 000 0 .PN 0 0 0 0 0 0 0 0 0 — - - N .P RD 1 ATTACHMENT #t. 0 V r � r V ' O 3 D I Vrc3 -"A101 O _k , � 03 n OC N0.11111 O i%, D 01111111. gal MAR K ET410 0 C r-- 0 --i ralliD 111111111i 1 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JULY 16, 1991 Mayor Laurent called the meeting to order at 7: 00 p.m. with Cncl . Zak, Sweeney, Wampach, Clay and Vierling present. Also present were Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Karen Marty, City Attorney; Lindberg Ekola, City Planner; and Dave Hutton, City Engineer. Judith Cox, the City Clerk was absent. Mayor Laurent read the City' s Non-Discrimination Policy. The following items were added to the agenda: 14a - 3 . 2 beer license for Shakopee Bowl (Consent item) 14b - Bergquist property 1101 - Mediation llc2 - Rescheduling ordinance publication Item 12h - Engineering CAD hardware purchase was deleted. Zak/Sweeney moved to approve the agenda as amended. 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. There was no response. The following items were added to consent business: lla - Flood brothers conditional use permit. lib - Final plat of Weinandt Acres. 14b - Bergquist property. Zak/Wampach moved to approve the minutes of July 2 , 1991. (Motion approved under consent business) . Sweeney/Vierling moved to receive and file the letter from Dr. George Germann, U.S. Army Corps of Engineers, St. Paul Office may be moved out of Minnesota. Motion carried unanimously. Clay/Sweeney moved to establish a policy that anything submitted to Council must be typewritten. There was some discussion as to whether or not the Council should have the right to turn down correspondence on the basis of how it is written. Motion failed unanimously. Barry Stock reviewed the request from Ross Bannie regarding whether or not he could hunt geese on a 40 acre tract of land north of County Road 16 and East of Marshall Road. He said this land is Proceedings of the July 16, 1991 Shakopee City Council Page -2- privately owned and located within the City limits of Shakopee and the current code does not allow for hunting within the tract proposed for use by Mr. Bannie. Ross Bannie was present and said it is his request to ask the City to open this area for hunting on a limited basis of a 10 day period with just a few permits given out. There was a concern on the enforcement issue and the time involved for investigating each and every call that will be received. Ross Bannie said there has been a big increase in geese population throughout the metro area, and the DNR has opened a short 10 day period for hunting within the Seven County Metro area. Cncl . Vierling, Zak and Wampach all had a concern on the discharge of firearms within the City limits. They thought the majority of the residents did not like it. Mayor Laurent said he would not be opposed to a trial period of 10 days. Cncl. Sweeney also said he would not be against a trial period. Cncl . Vierling said she would not be opposed to an experimental hunt for 1 year but only within our already approved hunting areas. Sweeney/Zak moved to institute an experimental hunting season for geese for 1991, details to be worked out by staff, following discussions with the DNR. Motion fails with Cncl . Sweeney, Clay and Mayor Laurent in favor. Sweeney/Clay moved to receive and file the letter from Jack and Doris Brambilla. Motion carried unanimously. Zak/Wampach offered Resolution No. 3430, A Resolution Revoking Conditional Use Permit Resolution No. 610, and moved for its adoption. (Motion approved under consent business) . Zak/Wampach offered Resolution No. 3427 , A Resolution Approving the final plat of Weinandt Acres 2nd addition, and moved for its adoption. (Motion approved under consent business) . Sweeney/Vierling offered Resolution No. 3431, A Resolution Making a Negative Declaration on the Environmental Assessment Worksheet for the Proposed McKenna Sand and Gravel Mine, and moved for its adoption. Motion carried with Cncl. Zak opposed. Dennis Kraft reviewed the issue on having the City of Shakopee getting together with Prior Lake to consider getting involved in a mediation process with Met Council, Sioux Community and Mr. McKenna relating to the conditional use permit for the sand and gravel extraction operation. Cncl. Sweeney said he is not willing to participate at the City ' s expense, he wondered who was going to pay for it. Mr. Kraft replied that there was no mention that the city will have to pay for anything. Cncl . Zak said he would be enthusiastic about participating as a 4th party. Proceedings of the July 16, 1991 Shakopee City Council Page -3- Vierling/Clay moved to agree to participate in a mediation process on the McKenna mineral extraction operation. Motion carried unanimously. Sweeney/Wampach moved to reconsider Ordinance No. 304 , An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11 of the Shakopee City Code, Land Use Regulation (Zoning) , by Amending Section 11. 24 , Agricultural Preservation District (AG) , and Section 11. 25, Rural Residential District (R-1) , to Delete Mineral Extraction as a Conditional Use. Motion carried unanimously. Sweeney/Clay moved to table Ordinance No. 304 . Motion carried unanimously. Mayor Laurent called a 10 minute recess at 8 : 45 p.m. Mayor Laurent reconvened the City Council at 8 : 55 p.m. Vierling/Clay moved to direct the appropriate City staff to hire a contractor to regrade the drainage channel alongside of the Valleyfair service road utilizing funds from the Storm Sewer Utility Fund. Motion carried with Cncl. Sweeney opposed. Cncl . Sweeney said he feels it was not done right in the first place and where would we go with the next one that will be requested to alleviate a drainage problem, he had a concern with setting a precedent. He said it could lead to some big expenditures if other people were to start requesting similar assistance. Jon Albinson asked the City Engineer to explain the storm water utility fund and its purpose. Dave Hutton replied that everyone pays a set rate based on how much storm water they generate and the money that is collected will be used to upgrade our systems, and build new systems. Zak/Wampach moved to approve the application and grant a Temporary Non-intoxicating Malt Liquor License to the Shakopee Jaycees, Lions Park, for August 2 , 3rd, and 4th, 1991. (Motion approved under consent business) . Zak/Wampach moved to approve the application and grant a temporary Non-intoxicating Malt Liquor License to the Shakopee Jaycees, Tahpah Park, for August 16, 17th and 18th, 1991. (Motion approved under consent business) . Sweeney/Clay moved to allocate an additional $2 , 700 . 00 for purposes of remuneration for the temporary financial Management Analyst position. Motion carried unanimously. Zak/Wampach moved to authorize the City Clerk to release the developers agreement for Valley Park Sixth Addition, except Lot 4 shall not be released until the park dedication fee has been paid. (Motion approved under consent business) . Proceedings of the July 16, 1991 Shakopee City Council Page -4- Zak/Wampach moved to approve the bills in the amount of $929 , 938 . 00 . (Motion approved under consent business) . Zak/Wampach moved to authorize the appropriate city officials to execute the proposed amendments to the Scott County Economic Development Coalition Joint Powers Agreement. (Motion approved under consent business) . Zak/Wampach moved to terminate the probation status of Beverly Mitchell effective June 3 , 1991. (Motion approved under consent business) . Zak/Wampach offered Resolution No. 3429 , a Resolution Amending Resolution No. 3309 Adopting the 1991 Budget and moved for its adoption (Motion approved under consent business) . Zak/Wampach offered Ordinance No. 314 , an Ordinance of the City of Shakopee, Minnesota, Amending Chapter 10 of the City code, Public Protection, Crimes and Offenses, Section 10 . 20, Dangerous Weapons and Articles by Repealing Paragraph A of Subd. 4 , Exceptions, and Enacting One New Paragraph In Lieu thereof relating to the same subject, and moved its adoption. (Motion approved under consent business) . Zak/Wampach 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) . Zak/Wampach 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) . Zak/Wampach offered Resolution No. 3432 , a Resolution Declaring Adequacy of Petition and Ordering the Preparation of a Report for Improvements to an Unpaved Street, from Valley Park Drive East to Serve the Bergquist Property and moved for its adoption. (Motion approved under consent business) . Mayor Laurent adjourned the meeting at approximately 9 : 00 P.M. l Judith S . Cox Clerk Carol Schultz Recording Secretary _ ?• CITY ENGINEERS AS COSOCIATION of MINNESOTA E_G/H� July 2, 1991 9ssO CI AS\G[� Dear CEAM Member: An issue of interest to many CEAM members, the communities they represent, and the legislators they work with is the concept of a transportation utility as a means of financing local street reconstruction and related projects. The concept was introduced to the legislature in 1991, and although it did not become legislation, those involved were encouraged by the reception it received from a number of legislators. If your community's staff or council is interested in pursuing the concept of the transportation utility as a funding source and is willing to examine the implications of presenting it to the legislature, CEAM is interested in the coordination of your efforts and those of other communities so that information provided to the legislature is founded on consistent assumptions and is supported by as many organizations as possible. If CEAM can be of assistance to you and your community, you are invited to contact Bruce Bullert, Savage City Engineer or me. Sincerely, C-141-A:s4— _>42:c..4.,-- James N. Grube President ACTION REQUESTED : Discuss the concept of a Transportation Utility and direct staff to take the appropriate action . ( Summary of the concept is attached ) TRANSPORTATION UTILITY It is becoming increasingly more difficult to finance street reconstruction projects. Typically, most Cities will assess a portion of reconstruction projects ranging anywhere from 25% assessed to 100% assessed. Minnesota State Law only allows properties to be assessed by the amount of increased property value that results from the project. More and more property owners are challenging their assessments on reconstruction projects and it is becoming quite obvious that there is very little increased property value due to reconstructing an existing street. The only way to make the assessments stand is to set the assessment rate low enough (such as Shakopee's 25%) that the increased inflation of property values is usually greater than the assessments. The City Engineer' s Association of Minnesota (C.E.A.M. ) in conjunction with the League of Minnesota Cities has introduced a bill that would allow cities to form a Transportation Utility to fund street reconstructions. This would work similar to a Storm Sewer Utility, in that all property owners would pay an established rate annually. The income derived from this utility would then only be allowed for use in funding reconstruction projects. Cities would no longer need to show benefit by increased property values. This utility would only apply to reconstruction of the streets, curb, gutter and sidewalks and would not pertain to storm sewer, sanitary sewer or watermain. DH/pmp TRANS Mr THE OFFICE OF THE b SCOTT COUNTY ATTORNEY COURTHOUSE 206 428 S. HOLMES ST. SHAKOPEE, MN 55379-1380 (612)-496-8240 FAX#(612)-496-8275 JAMES A.TERWEDO County Attorney July 31, 1991 OFFICIAL NOTIFICATION OF TERMINATION Mr. Dennis R. Kraft City Administrator Shakopee City Hall 129 East First Avenue Shakopee, MN 55379 Dear Mr. Kraft: This letter is an official notification that pursuant to Article II of the Prosecution Agreement entered into by and between the County of Scott and the City of Shakopee on December 29, 1988, the County of Scott is terminating the Agreement effective January 1, 1992. Due to possible state and local budget cuts, Scott County can no longer be in a position to provide prosecutorial services pursuant to this Agreement. It is my understanding that this termination will be effective 12:01 a.m. on January 1, 1992 and would be effective as to any and all potential criminal charges arising out of incidents occuring on or after that date. With respect to any and all incidents occurring prior to that time, Scott County will prosecute this incidents in accordance with the Agreement. If you have any questions regarding this or any other issue, please feel free to contact me at any time. As always I remain, .:cerely, /hi i _ __.t,,,e5.-e,t--/ 11111i; S . TERWEDO OTT OUNTY ATTORNEY JAT:tc cc: Jim Berg, Controller Greg Ess, Court Administrator Tom Steininger, Shakopee Police Chief Criminal Division Civil Division Juvenile Division Victim/Witness Thomas J. Harbinson, Brian A. Nasi Peggy A.Flaig Assistance First Assistant Kathryn A.Santelmann Jim W. Petersen Susan K. McNellis Christopher E. Morris Neil G.Nelson Conrad J.Skonieczny aures Anita A.Seeling ParalegalI ( I An Equal Opportunity/AffcrmativeAction Employer �_.��,` .- 1 I MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director (5D610I1 SUBJECT: Naumkeag Street Railroad Crossing DATE: July 25, 1991 INTRODUCTION: A public hearing has been scheduled for August 6, 1991 to allow for public comment on the proposed railroad crossing at Naumkeag Street. BACKGROUND: On March 5, 1991 the City Council of Shakopee held a public hearing to consider public improvements to 2nd Avenue between Sommerville Street and Naumkeag Street, including all intersecting gravel streets. The project scope consists of paving 15 blocks of gravel streets including any curb and gutter, sidewalks, storm sewer, sanitary sewer and watermain. The feasibility of this project was reviewed by the City Council at this public hearing and subsequently the project was ordered. The feasibility report discussed the issue of adding a new railroad crossing at Market Street and recommended opening discussions with the railroad on this issue. It was pointed out at the public hearing that the railroad would probably not allow the City to have a new crossing at Market Street without first closing an existing crossing elsewhere. The two crossings that have often been discussed for closing in exchange for opening Market Street is Naumkeag Street or Minnesota Street. The feasibility report recommended closing Naumkeag Street and the public testimony received at the hearing supported that option. The consensus of the City Council was to close Naumkeag Street and staff was directed to pursue discussions with the railroad. On April 30, 1991, staff presented a memo to Council summarizing all discussions with the railroad and Mn/DOT officials regarding the proposed crossings and requested further direction. At that meeting, the Council directed staff to make formal application on the new crossing, which has already been submitted. On May 21, 1991 the City Council adopted Resolution No. 3404, officially supporting the closing of Naumkeag Street in exchange for opening up the Market Street crossing. This resolution has been forwarded to Mn/DOT for their review along with the application for the new crossing. In the April 30, 1991 staff memo to Council, staff pointed that legally a public hearing is not required to close a railroad crossing. Since it would impact adjoining residences, businesses and the traveling public, staff indicated that the Council may want to solicit public input prior to submitting formal application for the crossing to Mn/DOT. The Council declined to pursue that option. On June 19, 1991 the City Council received correspondence from Happy Chef Restaurant expressing concern over the proposed closing of the Naumkeag Street crossing. Because of that correspondence, the City Council decided to set a public hearing to consider the crossing for August 6, 1991 and to receive public comment on the proposal at that time. SUMMARY OF THE VARIOUS CROSSING ISSUES The City of Shakopee has discussed the concepts of adding a railroad crossing at Market Street for several years. A crossing at Market Street would be desirable because Market Street provides continuous traffic movement from 1st Avenue to 10th Avenue, whereas the existing crossing at Minnesota Street does not. Market Street is also a collector street and therefore more desirable as a railroad crossing. Market Street is also on the Municipal State Aid System and therefore State Aid Funds would be available to provide a source of funding for a majority of the costs associated with a new railroad crossing such as signals, rubberized crossing material, etc. , all of which would be required of a new crossing. It would be extremely difficult to assess the high costs of constructing this new crossing. Past correspondence and recent discussions with the Chicago and Northwestern Transportation Company has indicated that they would oppose any new crossings in Shakopee without first closing another exiting crossing. Minnesota Street was reviewed for potential closing, but this crossing is not as desirable as Naumkeag Street for several reasons. First, a recent development proposal submitted to the City of Shakopee indicates that Minnesota Street may very well be constructed through to 7th Avenue some day. Also Minnesota Street is a more geometrically acceptable crossing, has good site distance and is a relatively safe crossing for vehicles. There is also existing development on Minnesota Street, such as the strip mall and the bank, which generates higher traffic volumes and more neighborhood trips than does the Naumkeag Street crossing. Naumkeag Street is an extremely hazardous crossing. The crossing is poorly aligned with very drastic vertical grade breaks, resulting in unsatisfactory geometrics. Strictly from a safety viewpoint alone, this crossing should be considered for closing. In addition, Naumkeag Street basically only goes from 1st Avenue to 4th Avenue with no potential for extending the street any further south due to the Shakopeee Public Utilities/Public Works facility. Consequently, traffic volumes on Naumkeag Street are considerably lower than Minnesota Street. The existing crossing at Naumkeag Street is two blocks from Marschall Road and 3 blocks from Minnesota Street, so it would not appear that closing this crossing would have a major negative impact on the traveling public. The construction of 2nd Avenue should greatly aid in traffic movements between Naumkeag Street and Minnesota Street also. ALTERNATIVES: 1. Close Naumkeag Street crossing in order to open the Market Street crossing. 2 . Close the Minnesota Street crossing in order to open the Market Street crossing. 3 . Maintain the status quo. 4. Explore other options. RECOMMENDATION: Based on the above analysis staff recommends Alternative No. 1. If the City of Shakopee is in favor of constructing a crossing at Market Street, the time to do it is now in conjunction with the 2nd Avenue construction but it will be impossible to construct a new crossing without first closing another existing crossing. Staff firmly believes that the Naumkeag Street crossing should be closed for safety reasons, low vehicular use and for not providing continuous traffic patterns within the City of Shakopee's street system. If Naumkeag Street is not closed, Market Street will not be approved by Mn/DOT. ACTION REQUESTED: No formal action is requested. If the City Council wishes to continue pursuing the closing of Naumkeag Street, City staff has already made formal application to Mn/DOT in that regard. DH/pmp CROSSING ATTACHMENT NO . 1 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 2nd Avenue Project DATE: April 30, 1991 INTRODUCTION: Staff is requesting City Council direction regarding the railroad crossings located within the 2nd Avenue Project. BACKGROUND: On March 5 , 1991 the City Council held a public hearing to consider public improvements to 2nd Avenue, between Sommerville Street and Naumkeag Street and various other gravel streets located between 1st Avenue and 3rd Avenue. At the conclusion of the public hearing, the City Council ordered plans and specifications prepared for this project. At the public hearing, the issue of railroad crossings was discussed. For several years the City Council has discussed the concept of adding a railroad crossing to Market Street. The two main advantages of installing a crossing at this street are 1) to provide continuous transportation network from 1st Avenue to 10th Avenue, which the current crossing at Minnesota Street does not, and 2) since Market Street is on the Municipal State Aid System, the City' s state aid account could pay for a new crossing, which would be very expensive and difficult to assess. Past discussions with the Chicago & NW Railroad indicate that they would oppose any new crossings in Shakopee unless another crossing was closed. The two alternatives for closing a crossing that have been discussed are Minnesota Street or possibly Naumkeag Street. At the 2nd Avenue public hearing, there was testimony received to the effect that the Naumkeag Street crossing should be closed. The City Council also appeared to favor closing the Naumkeag Street crossing. The City Council directed staff to initiate discussions with the railroad regarding the potential for adding a crossing at Market Street. Staff has discussed this proposal with railroad representatives and they have indicated that they would not oppose a new crossing at Market Street if the City were to agree to close one additional crossing. The proper procedure is to file an application for a new crossing with the Minnesota Transportation Regulatory Board (MTRB) . The MTRB would then hold a hearing on the proposed crossing and solicit the recommendations from Mn/DOT, the C & NW Railroad and the City of Shakopee. If there is any opposition to the crossing request, it would be more difficult to obtain the approval . f t Staff is seeking Council authorization to make formal application to the MTRB for a new crossing at Market Street. Staff is also seeking Council direction on which crossing should be proposed for closing as it appears that is the only way a new crossing will be approved. The City Council may also wish to discuss whether or not a public hearing should be held prior to closing a crossing. The City Attorney has indicated that a public hearing is required to vacate public right-of-way, but that there are no requirements for a hearing to close a street. To close a crossing, the public right- of-way does not necessarily need to be vacated. ALTERNATIVES: 1. Direct staff to apply to the MTRB for a new railroad crossing at Market Street and close the existing crossing at Naumkeag Street. 2 . Direct staff to apply to the MTRB for a new crossing at Market Street and close the existing crossing at Minnesota Street. 3 . Direct staff to schedule a public hearing to obtain public testimony prior to closing a crossing as outlined in Alternatives 1 or 2 . 4 . Direct staff to take some other action. RECOMMENDATION: Staff recommends Alternative No. 1. Staff feels that the Naumkeag Street crossing should be closed due to deteriorated condition and for safety concerns . Staff also feels that the City Council may wish to discuss holding a public hearing on the potential closing prior to applying to the MTRB for a new crossing. ACTION REQUESTED: Move to direct staff to submit a formal application to the Minnesota Transportation Regulatory Board for a new railroad crossing at Market Street in exchange for closing the crossing at Naumkeag Street. DH/pmp CROSSING ATTACHMENT NO . 2 RESOLUTION NO. 3404 A Resolution To The Minnesota Department of Transportation Requesting A New Railroad Crossing At Market Street In Exchange For Closing The Railroad Crossing At Naumkeag Street WHEREAS , the City Council of Shakopee desires to install a railroad crossing at Market Street in order to provide continuous traffic movement from 1st Avenue to 10th Avenue; and WHEREAS , Market Street is on the Municipal State Aid System and is a designated collector street in the City of Shakopee; and WHEREAS, the City Council of Shakopee desires to close the railroad crossing at Naumkeag Street du_ to safety concerns and because Naumkeag Street only goes from 1st Avenue to 4th Avenue and cannot be extended further; and WHEREAS, the Chicago and Northwestern Railroad approves this proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TEE CITY OF SHAKOPEE, MINNESOTA: That the City of Shakopee hereby requests the Minnesota Department of Transportation to approve of the City' s proposal to open a railroad crossing at Market Street and close a crossing at Naumkeag Street. Adopted in (L session of the City Council/ of the City of Shakopee, Mizineso a, held this ,2/4a day of 27/41,,c., , 1991. Mayor 4- 1 .4:7,4:-- 4-2.....A"—IL (yi of Shakopee rjATTEST:VCi y lerk App ed as to form: < 5Z _—_t6j.7Z City Attorney / rG ATTACHMENT NO. 3 /4P,41/vill to //4/ fty HAPPY CHEF SYSTEMS, INC. 500 SOUTH FRONT ST. yqf/r MANKATM6001 110,Pi RESTAURANTS June 19, 1991 The Honorable Mayor Gary Laurent City of Shakopee 129 East 1st Avenue Shakopee MN 55379-1376 RE: Naumkeag Street Closing from 1st Avenue to 2nd Avenue Dear Mayor Laurent: During the past few weeks our staff people in Shakopee have been hearing rumors that the above street, which runs north and south on the westerly side of our restaurant property, will or may be permanently closed. This street is very important to our business, particularly after the traffic signal lights at 1st Avenue and Naumkeag street were removed. Many of our customers arrive and leave our restaurant via Naumkeag to avoid the dangerous situation of getting back on 1st Avenue without benefit of traffic lights. If the closing of Naumkeag Street is being considered by the City as a part of the 2nd Avenue project, Happy Chef must go on record as opposing the closing, as it will create a very real financial hardship for our restaurant. In our opinion, the reinstallation of a traffic signal system at this intersection would solve any problems and allow an orderly flow of traffic on Naumkeag. We respectfully request that this letter be placed on record in opposition to closing Naumkeag Street and that we be kept informed of any proceedings with regard to the matter. Thank you for your consideration. Sincerely, Glenn M. Thomps Director of Operations GMT:dz Cc: Public Works Director, Mr. Dave Hutton Cc: City Planner, Mr. Lindberg S. Ekola •' ' •• • • • • • • • . • . • • - -- • -• : '' 7 •..; ••: • .••.:•1 ••• • • •:. •• • •:- -7.•• • • - •.;•• ; .•• : •.••. ..• *- : • .• :••:.. 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" : : • • • •, 7•• . .•• • .7 -. •••••- •••.. •:• • . .• :• .; ; ;i ;; •••:i:i••••.:i:h•i•i•:.•• • •••• ': •••• • ;••••: :•••••:•: •••::••••••••• ••.." •••.• . :•..:• .•.-• .••- • : • :. •: .•••.: . . . . • • :• •••••: :•:.•.:•• : "•• •., : ... ;7. • •• •.:: :7 : : . • , ., . ;:. .• .•••: •-• •:• : : • - • ::.• :-.i••• " • • . :•• ••••••••'. .• :••••-•:••:•••••••• • : .''; :• r'• ." ••• • •• • • • • • • • • ; •• ••••••• •• . . . ::.• • • : ....•••••••••:••• • .•••• •. • ••• • •• • : :• • : : :••' ••••.• : .••••••••:•".: • 1.••..• . ' •.• • . ..:.. • • • •••• . •••:•••:•.:•-• '•••••' •• • ;•- . .* • ; .••:•• . • • •-• • ••••': : • : ••. ::•••••'*: .:•:••••••••••;::: :••••:•:.• - :•• • • -• • . • • •:•• •:.:: •••••••:.::...--.••••••••."•. • ••••• ••••••:: : .• . • • : • ; • " • • : . . .... . ••: . .•••-•::• :.• •'. :••": : •.: • • • :. . . . • • •- -•• • -•- • • • • • • . • •• IrCt MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City PlannerL_;: RE: Municipal Improvements Report Interim Ordinance Study Area DATE: August 1, 1991 INTRODUCTION: At their July 11, 1991 meeting, the Planning Commission passed a motion recommending the City Council approval of the final Municipal Improvements Report for locating two collector streets and the Upper Valley Drainageway in the Interim Ordinance Study Area. BACKGROUND: Attached is a copy of the final Municipal Improvements Report. The Executive Summary, on page i, provides an overview of the planning process used in this study. The Interim Ordinance Study Area is located south and west of the Shakopee Senior High School . The study area is bounded by County Road 79 on the east, the Jackson Township on the south, County Road 77 on the west and the high school and a residential neighborhood to the north. DISCUSSION: Two collector streets have been proposed in the draft Comprehensive Plan to serve future development in the Interim Ordinance study area (150 acre parcel south of the Senior High School) . A major drainage system has also been planned to be constructed through this area to serve the Southerly Shakopee Bypass. The two collector streets and the Upper Valley Drainage System will provide some of the necessary public improvements needed to promote development in this area. On December 18 , 1990 the City Council adopted Ordinance No. 300, which put the Interim Ordinance into effect for a one year time frame. The purpose of the Interim Ordinance, which prohibits development during this time frame, is to allow adequate opportunity for planning to occur. The report provides needed direction for the collector streets and drainage system. Staff views these infrastructure facilities as primary determinants of the future land use of the Interim Ordinance Study Area. The proposed land uses are also currently being evaluated by the Municipal Facility Task Force Committee, Independent School District 720 and the developer. Staff is forwarding a copy of the final report to each of these three groups for their planning efforts. The Interim Ordinance No. 300 will expire on December 18 , 1991. RECOMMENDATION: The Planning Commission recommends that the City Council approve the Municipal Improvements Report for locating the two collector streets and the Upper Valley Drainageway in the Interim Ordinance Study Area. ACTION REQUESTED: Move to accept the Municipal Improvement Report dated June, 1991 and approve the location of the Upper Valley Drainage System and the two collector streets as identified in said report for the Interim Ordinance Study Area. ! VIERLING DRIVE lowal111171y.mica COUNTY ROAD 77 UPPER VALLEY DRYSTEM TE‘gtilrnPrirrwrit: �1CF .IIT..'` :VT[� a ib4..1.-Ilti::. -. 411_ 'ell:. 141-1 ' t-' 6 4 - 4 , f.... .. _?., . 3. mi. ,,L-T,. ,-...„_,, dot . i. ., ...i. , ..fr,,,,,..:,:-1.- l'-'‘• :'iet ,. trj,,,4:-?.a.v. -T 7 .J- ,i rw , l'• .. .,. ..7.,,,,IC ., ,IC • ,,.. . ,.., ...„,.. .. .. ...s4.,v,. .. . . .. . ...„,...„.„.„....14,.. .,v 5 !• I.:.., -.• .y ... :• ipr j � ,-'rt:; .1 ,� 03 10i 5 ' , ''*:. 4i-- Tt' x.;"'„,....."1C4at.te uk,ruins, MUNICIPAL IMPROVEMENT REPORT: ALTERNATIVE REVIEW AND SELECTION PROCESS City of Shakopee, Minnesota June, 1991 MUNICIPAL IMPROVEMENT REPORT FOR TWO COLLECTOR STREETS AND THE DRAINAGE SYSTEM: Vierling Drive Extended County Road 77 Extended Upper Valley Drainage System ALTERNATIVE REVIEW AND SELECTION PROCESS City of Shakopee, Minnesota June, 1991 TABLE OF CONTENTS Page No. EXECUTIVE SUMMARY i I. INTRODUCTION 1 A. Purpose of the Report B. Report Outline II. PROJECT HISTORY 2 A. Adoption of Ordinance No. 300 B. Municipal Facilities Report III. ISSUES AND CONCERNS 3 A. Economics B. Environment C. Land Use D. Transportation IV. OPTIONAL ALIGNMENTS 9 A. East-West Collector Vierling Drive Extended B. North-South Collector County Road 77 Extended C. The Upper Valley Drainage System V. SELECTION PROCESS 17 A. Development of Criteria B. Rating Process C. Alternative Evaluation VI. RECOMMENDATION 19 A. Comments From Participating Groups B. Final Recommendation VII. IMPLEMENTATION 22 A. Preliminary Cost Estimates B. Project Cost Variables and Timing C. Public Funding Sources APPENDIX 26 A. Functional Street Classification System B. Scoring Sheet LIST OF FIGURES Figure No. Item 1 Proposed Land Use Plan 2 Proposed Transportation Plan 3 Traffic Volume Map 4A, B, and C Optional Alignments for East-West Collector Street 5A, B, and C Optional Alignments for the North-South Collector Street 6 Upper Valley Drainage System 7 Alternative 3C EXECUTIVE SUMMARY This report explains the process used to generate and analyze alternative alignments for the two collector streets and the Upper Valley Drainage system in the interim ordinance study area. The Shakopee Comprehensive Plan: 1990 - 2010 identifies significant residential growth in the next five to ten years in the study area which is north of the proposed T.H. 101 Highway Bypass. In order to provide safe and efficient transportation routes for this area the City has prepared this report. The future use of the undeveloped land in the interim ordinance study area has tremendous interest by various groups in the community. Independent School District 720 anticipates the need for approximately 30 acres for school expansion. Several community groups including the senior citizens and the local hockey association have expressed interest in building community facilities in this area. In addition, a land developer has initiated conceptual sketches for a residential subdivision on the 150 acre tract. The determination of the location of the two collector streets and the drainage system is an essential first step in guiding the development of the general area. This planning effort will help coordinate the future use of the land by the competing groups. Decisions on the future use of the 150 acre tract will take place after the determination of the collector street and drainage system location. Three optional alignments were created for the north-south collector street and the east-west collector street. A total of nine alternatives were generated by comparing all possible options. An analysis of each of the nine alternatives was made by staff based on criteria established in the report. Based on the analysis presented in this report staff recommends that Alternative 3C be constructed. Alternative 3C proposes the Fuller Street alignment for the north-south collector and the "diagonal option" for the extension of Vierling Drive. An implementation section has been developed in this report to identify the essential time frames involved with the construction of the collector streets and drainage system. The implementation section also identifies preliminary costs and funding sources for the proposed projects. -i- I. INTRODUCTION Purpose of the Report This report documents the process by which alternatives were generated and analyzed for the proposed municipal improvements in the area south and west of the Shakopee Senior High School . Two collector streets and a major drainage system have been proposed to be constructed north of the proposed bypass and south of the High School between County Roads 77 and 79 . These streets and the Upper Valley Drainage system will provide some of the necessary public improvements needed to promote development in this area. The objectives in constructing these projects are to provide safe and efficient transportation routes in the area, promote land use compatibility, provide necessary drainage for the construction of the southerly bypass, and promote opportunities for possible or future community amenities. Report Outline There are seven sections in this report. The Introduction, Section I, identifies the purpose of the report and the objectives of constructing the municipal facilities. Sections II and III provide the project history and various issues and concerns facing future development in the area near the high school . The fourth section illustrates the alternatives developed by staff for each collector street and the drainage system. Section V describes the selection process and Section VI provides the study recommendation. The final section of the report identifies needed implementation efforts and establishes preliminary costs and funding sources for the projects. -1- II. PROJECT HISTORY Adoption of Ordinance No. 300 At the September 18 , 1990 Shakopee City Council meeting, Independent School District 720 requested that the Council consider placing the area near the Shakopee Senior High School under an interim ordinance to reserve land for proposed public facilities. This request was based on the School District ' s concerns for future expansion needs, including building additions, athletic facilities and increased parking capacity. In conjunction with the school ' s needs, community groups such as the Senior Citizens and Hockey Association expressed interest in promoting joint venture projects with the School District in this area as well . At the Public Hearing held on December 6, 1990 the Shakopee Planning Commission passed a motion recommending the City Council approve an interim ordinance for the 150 acres located south and west of the High School . On December 18 , 1990 the City Council adopted Ordinance No. 300, which put the recommended interim ordinance into effect for a one year period. Minnesota Statues provide municipalities the authority to place land under an interim ordinance in order to allow for adequate time to study proposed public facilities. An interim ordinance may regulate, restrict, or prohibit any development within a defined area for up to one year and may be extended a total of 18 additional months if deemed appropriate by the Council. Municipal Improvement Report Concurrent with the efforts by the School District and civic groups, the City of Shakopee has been revising its Comprehensive Plan. The land area being considered for the Interim Ordinance was annexed into the City in 1987 and was not included in the 1981 Shakopee Comprehensive Plan. In 1988 the City began updating the Comprehensive Plan to guide future growth. Two collector streets and a major drainage system were identified as being needed in this area in the comprehensive planning process. This report studies alternative alignments for the two collector streets and the Upper Valley drainage system which flows across the area being studied. -2- III. ISSUES AND CONCERNS In analyzing needs for collector streets and drainage facilities in the interim ordinance study area, staff has identified four primary issues or concerns. The issues include economics, the environment, land use and transportation. The following paragraphs provide an introduction to these issues. Economics With the decline in state and federal funds for transportation projects the burden of paying for municipal street improvements is being placed directly on local governments. Local governments are responding to these decreases by tightening their budgets. Feasibility reports are frequently used to provide a better analysis of alternatives in order to better the spending of public funds. Local governments are also turning to the private sector to increase their contributions in the street construction process. Typically local streets are constructed by a developer. The cost to construct collector streets are shared by developers and taxpayers. In Shakopee, the developers have generally paid for 72 percent of collector street costs and 28 percent is paid for by the taxpayers in the community. Environment As development of the City occurs, concerns for the environment need to be addressed. Noise and air pollution are obvious impacts created with the building of new streets. Protection of wetlands and other sensitive land covers are also impacted with road construction projects. Within the prescribed study area there are no significant wetland areas. There is a wetland to the west of County Road 77 south of the Lion' s Park. The optional alignments for the east-west collector street have been proposed so as to minimize impacts on this wetland and Lion' s Park. Land Use Figure 1 represents the proposed land use plan for the City of Shakopee for the next twenty years. The land use proposed in the immediate area surrounding the High School is predominantly single family residential . The existing pattern of residential development north of the High School will continue to the T.H. 101 Shakopee Bypass to the south in the future. The area is currently used as cropland and will be in-filled with housing by the mid 1990 ' s. -3- FIGURE 1 0 -1 e / / I' a � \ o . \\ ( I - 11 — — --.--A--2-3 11 1 N 1 1 '1 II a ///// . - -Ik 1 u { i11--r_w _11 .. Q -7);-/• z -111 . 1 ''`-',5/ II- ` II � i , 1 111► a M' 1 - 1 ' 10 It ! _ ... I = E •N t . .. (\ t .\ A jl k- •., .. -=jI a f►1 y ! 4 // 1 -'=�}I i =!I i 1 \ vr 'rte s_ ;2'.� 4...a .�,.--:::=- : , �I1 , L -- . ,.1` 111 a. 11 to �ul, /7'.151-c _ ..._:. ..{IIi r ` 1�� � � / LI 1 II rt 11,-.....,' •.. e pi 1, 1 i .. x -;;--)p, -. . - I - ii ---:. g f %----,41, -. II ':111 _ I iLJr ; 1 1 / -.;-•0I--.._-.---= -7_-- - « g U rl � . -:- �,_- �' .s tlr itg ti, r.T . . ( a Y § $ • • ..t..--,- . :i .''''-',' n r.--'-‘...::17 ...h-- Y• . -.--: L \ I UUUU_ t, 1� • •1, r .Will. ^� I AAA 1l -�. - '�..::�=� ♦ • IIIr }F II i.\?:_c ` ; ` ..-_4 14LIz• - Ii • .5 11 • $ a; � .,. .--fir I i I ;SLI.t::-.71 nil 1."--L-------n i 1 ` �1k I I _ a . _ o v •'ate\ ••"�1 , �-1���-r...L......-.fir }- ci u s e ��J �� ,=:-7 :;----4r._., _ �- 1 Wren \ ) 1 ;.�= jI " I UUUU ` `1N ; r— \ç \ - M /• t \ L=- • _ : - \:".•,,,,, - o i ` .\,�� �)`0~;e; L�1 0 } i e °" e • 0 : ___ 1 \ 40 \\ e e L O l � � i S 0 1 r .\ - N • / -:.-- P A i l Wrenn -4- Separation of the surrounding residential neighborhoods by the collector streets from the expanding High School should be given primary consideration in the selection process. The collector streets can help route traffic to the school in a direct manner and help avoid traffic cutting through neighborhoods on local streets. Separating the single family neighborhood from the school with collector streets provides additional distance so as to minimize the impact of the activities and events occurring at the High School. The existing land division pattern in the study area is large tracts of section land generally 40 acres in size. The 150 acre area is owned by one party under contract for deed from the original land owner. Independent School District 720 anticipates the need for an additional 28 to 32 acres for future school expansions. The school district is currently working on its strategic plan and will utilize this report in their decision making process. On April 16, 1991 the Community Facilities Task Force was created by the Shakopee City Council . The Task Force will study the needs for community facilities other than infrastructure improvements as discussed herein. Possible community facilities could include a neighborhood park (as identified in the 1990 Comprehensive Plan) , a senior citizen center, a new hockey facility, library or a multi purpose community center. A development company has purchased the 150 acre tract under contract for deed with the intent of developing a residential subdivision. The developer has submitted conceptual sketches of the proposed subdivision. The sketches propose up to 360 dwelling units be constructed on the 150 acre tract at a rate of 2 . 4 dwelling units per acre. This report will help plan and establish the basic land division pattern in this area. The collector streets will carve the 150 acre tract into smaller blocks of land for future development. Transportation Figure 2 represents the proposed transportation plan for the City of Shakopee for the next twenty years. All streets in the City have been classified into the functional street classification system (Please refer to the Appendix) . This system has been developed in conjunction with the recently updated Shakopee Comprehensive Plan as a method in which to organize the City' s street system in order to promote safe and efficient traffic flows. A hierarchy of four street types based on a variety of characteristics such as street widths, traffic speeds, and street spacing has been established to define the public streets in the City. Collector streets serve as medium volume capacity street connecting the higher volume arterial streets to the low volume local streets. -5- • FT GuRE 2 . I = . • .. E e 0 , • : .. . _ • . ,..... ,._ ,...........-.-r..--12;‘ I . . . . . . ,-..:.:_-_--- 1 • .. . . .. . -.a . ie N ..• 0 , • , k. -,...„,., IL_ • . • '''''...-A ' .. . -cm. -g_ , ..-.. • ... ._ cn -. ..... .. ...... 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N. ..,... ., • ..,............:...— ._ .... 1 . . ... • '•.-.." ••• i ar, -. .m........r •. „.01 ... •, . itr•••=—'....-F.-...- -.r•-.... ....7•• .. ,t•„„,,,,. ..s. . • :: \- -7 L. •'---- • • — -- • ... ... ,—. : ... ...7,...,.:.-. ..... . • ..,..... . , '‘ 'I ..--'—.....-..'''1-- • . .• ,..,.. it. .. . r__ • . ..i. . • .. ... _....._ r , . • . ' ••---6— -_=•--F • ... .1 •1MIM an WM MEI=wier .,. • ,• • • lic ........m.. . .. -•. %• • ' , ... • . . : -a .„: • ...... ,. . -. . • TS , . JP. , • . . ... • . '.. • ' . • Z .Z. 8 •. • 73 a CD • a = z . - . . .. • c u • • .•• S.-. .- - . • .- . • • . - ,• . .. . ,...• IH , • -6- • •- - - - _. ___ __. As recommended in comprehensive planning process two collector streets were identified as being essential to serving north-south traffic from Highway 101/169 into the downtown area. Fuller and Spencer Streets were designated as these two collector streets. The parallel collector streets provide efficient access from 1st Avenue along each side of the Central Business District, through the community' s institutional area (Scott County Courthouse, St. Francis Hospital) and into the residential neighborhoods up to 10th Avenue. Traffic heading northbound from Jackson and Louisville Townships is currently routed on County Road 77 (Apgar Street) and County Road 79 (Spencer Street) . The two county roads are spaced 1/2 mile apart or 2 , 600 feet, whereas, Fuller and Spencer Streets are spaced approximately 1, 500 feet apart. Providing a smooth transition from the County and the City street systems will be important to providing for efficient traffic flows. Scott County is currently revising their Comprehensive Transportation Plan. Consideration is being given to the classification of functional street types and the need for two collector streets in this area. The decision on the classification of County Road 77 has not been made at this time. The preliminary indication from the traffic consultant is that County Road 77 will remain a collector street. Figure 3 provides the current traffic volumes, as well as the estimated 2010 traffic volumes for the area streets . -7- • t --.--:•,..;--"--•'-'71: 3-; - 't-4 , • ..-3, 4'. FIGURE 3 tiN,1011 . t 1.------____ .-----.11! 1 ' 1 ''111.:-. 1vIa.' 17k U.....:-.1- 41- —4.4.'1- '' ' !.....17.'"; )''''..r•i_'7_1 , ! -,:.4---" ,,:.--'-".",••-• i.0.1 ' .....4, 11 ,tr*. I. 7'• ........., t*"'"V.-- 1 r.-.-^"...1. ' " ks1 ;—"--1-'"! ...-I : . 4. '- • V' 1 • .1 I I= ..2i i •2‘.."..r21 • ' 1,1 V-11•42•••• •• ....,....•-•2r-7 •:".-- • •%,.. 12 tC2•2442. ' • - I ‘.:.......Y.%) ; . .11122" • .......1;i2 2 ' "., 20 ..., r ,. i : .,. ,,,,,...... —_,....„ v..._ . t ,• .t.,---, - --; 1 7R -----7,`, . .• i . ..4 4 • 17: .t ., 1 . • ‘; , ; rT- : • •,.i.:. ' • -.% '‘.....0.1,4 •-----.-..'-- .4----7.- 1 ; 4, i...;.-1-',..- Ir. • :,.......:.....JEt--A ! L.4 • . i . 1‘,. • .' .41 1c--- 7 1 0. \ .1 ‘i rco. 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I.: 1 1292 " yer I; , „ ,,,tli , . .,-- , ,,....:NN_____ -• i t ;---i.d . .. ; , 1550 i , • , irm • • . . . , ;s , • -- AG ..;; ----- Anu 4030 . .• II 1__...____________ • 1 i ------i ..44400 --,..... 1 1 • . il ,,02,4 >ARK -..—.. ...----..=......................... I 1 1 i t I ' 1 . OUTLC2?, 110 • i i 12 IA 286 1 1 . ; 1.1 ; -.• — ••••••• ...„. 2922.226.2. t . "22 ti 21 "II 21 II • 1.2.122 ...&,..j.....i.......: . i i ! i • hr1.77 i-r":27. 1 •• \ 2 2 . "`••"2"•••-••-2.-41 \ 1 I I : 1 i 1 ! 14-at'lle..L.... L....41 ,, .. • : !, • _ _ - -,. , • 4 .... I I 1 I i 1 I - - - -- ... I i I 4.. • .44:... 1 i i I 1350 3510. _ - ; _ - — 1----- - - , , -------.._ i - - - _ --r- _ LEGEND TRAFFIC VOLUME MAP ,l' -11,IIIP-JIMMMINNOlir—r?"1/4,a, 1989 VOLUME 2010 VOLUME IV. OPTIONAL ALIGNMENTS East-West Collector Street Vierling Drive Extended Three optional alignments were developed by staff for the extension of Vierling Drive. Option 1 proposes a southerly alignment and Option 2 proposes a more northerly alignment across the 150 acre tract. Option 3 represents a diagonal route across the study area. Figure 4 illustrates the three options for Vierling Drive extended. Option 1 proposes a new connection with the existing Vierling Drive east of County Road 79 (Spencer Street) . Options 2 and 3 would intersect County Road 79 in the same alignment as the existing Vierling Drive east of the study area. North-South Collector Street County Road 77 Extended The optional alignments for the extension of County Road 77 were also developed for this study. Option A retains the existing Apgar Street as the collector street. Option B curves County Road 77 into the Scott Street and Option C proposes a curved alignment to Fuller Street. Figure 5 illustrates the three options for County Road 77 extended. All three options connect with County Road 77 on the south end. Each option provides a different connection with streets to the north. Upper Valley Drainage System The location of the Upper Valley Drainage System is limited by topography and cannot be significantly adjusted in location as the collector street options. The study area is generally flat and has a 1 - 3 percent average slope. The drainage alignment can be curved slightly to provide a more aesthetic appearance and to accommodate the various collector street alignments. Figure 6 illustrates the preliminary alignment of the Upper Valley Drainage System -9- ,_::----Ikt-..:, . • `; , i,....:.;,-1.v.., • rk V.1.-,--,-...A-- ,----1------ _. - ___,-- . : ; • A ,-.-. .-r%Nit , ...: ------____ ,---7.---Alk /- ,:,7,-6:a.4.--__.....—....7.-7-, ,„ 1 .., •..,...------ -.7.:-..-......‹:-;.4, 11.-.2--; • s'l I.-T.-I 'A. __.; i•-------_, •----F-- . \ • . 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' -,-,-,•rieNENIMNIMIW-dr 7-/ITI UPPER VALLEY DRAINAGE SYSTEM V. SELECTION PROCESS Development of Criteria The criteria used to evaluate the nine alternatives are based on the four categories described in Section III, Issues and Concerns. These categories include economics, land use, transportation and the environment. A total of 19 criteria were established by staff based on the four categories. Staff developed a worksheet to rank the nine alternatives with respect to these 19 factors. See the Appendix for an example worksheet. The scores assigned by participating staff were totaled for each alternative. Rating Process Staff utilized a standardized scoring process to evaluate each alternative. The nineteen criteria were evaluated and a score assigned to for each alternative by staff. The scoring system used a "+1" for positive impacts, a "0" for neutral impacts, and a "- 1"for negative impacts. Alternative Evaluation A total of nine alternatives were generated by comparing each of the three east-west collectors with the three north-south collector streets. A total score was determined for each alternative. The following table lists the composite results from the evaluation process : -17- Co. Rd. 77 Co. Rd. 77 Co. Rd. 77 Option A Option B Option C Apgar Scott Fuller Vierling Drive Option 1 1A 1B 1C "South" -- -- -- -2 -2 -1. 5 Vierling Drive Option 2 2A 2B 2C "North" -- -- -- -1 -1. 5 +0 . 5 Vierling Drive Option 3 3A 3B 3C "Diagonal" -- -- -- -1 -1.5 +3 . 5 Staff eliminated all three alternatives which utilized Option 1 because of the high acquisition costs involved with The Meadows 4th Addition east of County Road 79 . Purchasing land with existing residential homes would be cost prohibitive and politically undesirable. Seven building permits have been released in 1991 in the Meadows 4th Addition. All of these homes are in the Option 1 alignment. Based on the evaluation process Alternative 3C resulted in the highest score. Alternative 3C received a score +3 . 5. Alternative 2C received the second highest score of +0 . 5 and alternative 2A and 3A each received the third highest score of -1. -18- VI. RECOMMENDATION Comments From Participating Groups Staff has consulted with the various groups involved with this area including the Scott County Engineer, the School District, the District' s Consulting Architect, and the developer of the 150 acre tract. Staff has presented the alternatives to each of these groups. The Scott County Engineer is open to all alternatives as suggested. The timing of the improvements to the north/south collector is his primary concern. The construction of County Road 77 bridge over the TH 101 Bypass needs to be coordinated with the construction of the north-south collector street. A second timing concern involves the dust problems associated with the existing County Road 77 which is a gravel surface. Residents living west of County Road 77 in this area have requested that the street be paved to reduce dust problems. If an alignment other than the existing Apgar Street-County Road 77 is selected, this segment of Apgar would become a City street. A portion may need to be vacated or a cul-de-sac constructed. The Scott County Engineer has reviewed the proposed radii necessary for Option B and C. Both options would meet the County ' s design standards. Cost Estimates Staff has prepared the following preliminary estimates for right- of-way acquisition costs and construction costs for each Option except Option 1. The acquisition of the land in this alignment was determined as being cost prohibitive because of the residential buildings constructed in The Meadows 4th Addition. The acquisition costs were calculated on a cost per acre basis. The right-of-way construction costs were based on a cost per foot basis and were provided by the Scott County Highway Department. Staff has presented the alternatives to the School District officials. The School District ' s architect has developed conceptual plans for the 150 acre study based on Alternative 3C. This alternative best satisfies their expansion needs and promotes opportunities for joint community facilities near the high school . The developer has presented several conceptual plans to staff on a proposed residential subdivision. The conceptual plans include alternative designs which would be compatible with Options A (Apgar) and C (Fuller) . The developer is concerned with protecting the highest number of lots. Additional design work will be needed to equally compare the impacts of the collector street selection. Staff believes the impacts of collector street locations with -19- respect to the impact on the number of lots will be minimal. The amount of land to be used for the school expansion and any other community facilities identified will have more of an impact on the number of future residential lots in the study area. Final Recommendation Based on the analysis of the issues, discussions with the groups involved with development in the study area and the evaluation process, staff recommends that Alternative 3C should be constructed. See Figure 7 . -20- • '� .• f- vim.• `R ,.--�^-- .. 1I: .,•F ,7, ••` . ��.. , `--I -----••••, �.. `�\ t7 -_: _ -k� ---r � FIGURE 7 ----• ' ;, ' -- :.7.2+•-•.."•* -_ , •1•.+� 1.--f • i ' �y-r 1 WS -'... 141--...-"L.:2.::13 1� � C "'�I, , • t t,t /;1 ::-'7...‘ 1t I �r _-__L__.-- G•m' I .1. 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I t '_' 4\ . 1. ith k-7, 71 '' • .1 . ist I•! , I r-t m - ii I 1...2.; -4 Mat :eI i.w !mar. ; , N (ev 1� NM vAG c I •f \-111‘1177--------#,. p. 11 ``` �' : I ' - i## � �� � ��j*.p. ���intttttttttttCV Mat a 11111"1"1" ttttttt � .� ; •I'Mtrillal lit al MI Ell MI MN all li.Ell Mi '. III�01°► 1 1 41 \\ `` iiia I r 1 I t I I �'�..�__�-----------___ i-tet.-� S ; _ I '--•�.� "III i ALTERNATIVE 3C VII. IMPLEMENTATION Funding and timing are always two important factors which affect the implementation of a project. This section reviews preliminary cost estimates for the project and identifies potential funding sources. Discussion on the impacts of timing is also addressed. Preliminary Cost Estimates Staff has prepared the following preliminary estimates for right- of-way acquisition costs and construction costs for each option. These preliminary cost estimates are for comparison purposes only and should not be used for determining the final construction cost estimate. A detailed feasibility report will be prepared by the Engineering Department for each street construction project. These reports will provide more accurate cost estimates for each project. The purpose of this study is to analyze alternative alignments. The costs estimates are based on a two lane urban street. The acquisition costs were calculated on a cost per acre basis. The right-of-way construction costs were based on a cost per foot basis and were provided by the Scott County Highway Department. These costs are preliminary and do not consider the impacts of cost savings such as right-of-way dedications required in the subdivision platting process when the land is developed. The acquisition of the land in Option 1 alignment was determined as being cost prohibitive because of the residential buildings constructed in The Meadows 4th Addition. The estimated preliminary cost for the highest ranked alternatives is as follows: Alternative Rank Estimated Cost 3C 1 $615, 000 2C 2 $565, 000 3A 3 (Tied) $435, 000 2A 3 (Tied) $385, 000 -22- COST ESTIMATES I. C.R. 77 Alternatives Option A - Apgar Alignment (Existing) Right-of-Way Costs $ 0 . 00 Construction Costs $75 , 000. 00 Total $75,000 . 00 Option B - Scott Alignment Right-of-Way Costs $72 , 000. 00 Construction Costs $81 , 000. 00 Total $153, 000 . 00 Option C - Fuller Alignment Right-of-Way Costs $120, 000 . 00 Construction Costs $135 , 000 . 00 Total $255, 000 . 00 Note: All construction costs are based on $54 . 00/Ft. which was provided by the Scott County Highway Department. II. Vierling Drive Alternatives Option 1 - South Route Not feasible due to existing homes constructed in The Meadows Subdivision. Option 2 - North Route (No drainageway crossing) Right-of-Way Costs $135, 000. 00 Construction Costs $175 , 000 . 00 Total $310,000 .00 Option 3 - Diagonal Route (With drainageway crossing) Right-of-Way Costs $145, 000. 00 Construction Costs $215 , 000. 00 Total $360, 000 . 00 Note: All construction costs based on $61. 00/L. F. -23- III. Upper Valley Drainageway All costs for construction and right-of-way acquisition to be born by both the City of Shakopee and MN DOT. All costs will be incurred regardless of which street alternatives are selected and regardless of any final decision regarding the interim ordinance study area. Project Cost Variables and Timing There are three significant variables which affect the cost of the collector streets. The first is the cost of crossing the drainage system. The east-west street options vary in their crossing of the drainage system. The second variable is the need for acquiring additional right-of-way. On the north-south collector Option A (Apgar) would utilize the existing right-of-way and no additional land would be needed. Depending on the timing of the subdivision platting for this area, acquisition may not be needed if dedications for right-of-way can be made. The third variable in street construction cost is the length of the street to be constructed. The longer the street the more expensive it becomes. The developer of the 150 acre tract has stated at the interim ordinance public hearing his desire to develop the area in the near future. Staff anticipates that through the subdivision platting process, which will be required to develop the area for single family residential purposes, a considerable amount of needed right- of-way will be dedicated for the collector streets. Other groups interested in utilizing land in the study area including the School District and various community groups have not established a time frame for their proposals. The results of this study will provide these groups with necessary directions for their planning efforts. Public Funding Sources The City' s funding source for its involvement with collector streets has been general obligation bonds. These bonds are repaid by area property owners through assessments. The two proposed collector streets and the drainage system would be funded from several sources including general obligation bonds and subsequent assessments, sanitary sewer funds and storm sewer funds. If the north-south collector is retained on the County road system as proposed in the County's preliminary transportation planning effort, Scott County will participate on a cost share basis for the construction of this street. In the past the County and the City have negotiated the shared costs for each individual project. The north-south collector would follow this tradition. -24- The east-west collector street, Vierling Drive, is on the Municipal State Aid System (MSAS) . MSAS funds will be used to construct this street. In addition, comparable costs for a 36 foot wide local street will be assessed to abutting properties. The construction and acquisition of the Upper Valley Drainageway will be shared by the City of Shakopee and MN DOT. -25- APPENDIX -26- :J APPENDIX A 0 C sJ '0 m 0 0 - L . m al :J sJ L 0 C a3 •C sJ .0 L O U CO 0% 0 J E O 'L• 0 @ iJ ;41 03 sOJ :03 44.• m 0 Z. L 0 • t CO 0 Lai ^+ 03 0 • 4.1 L U O >+ 0 C 0 tf.a tT • r44 O N -• U GCA L U 00'. • 4 0O n C4 0 • C Cr0 C ii 0 N u•° • o 0 • > r... 'LI 1 • 4 0 0 :.3 4.1 Of 4 03 :.1 CO L 'Q C E > "0 0 L L 0 m a ^ CJ 0 CO U as L :J U G Al 4.i .4.4 + 0 . • :3 C E .•j L -+ 000 O0 LLLG > Ca• • - C • I i 4-1 >. C ..d x 0 0 as 4--I 4.1 • 0 U E. :.i --• ..y ^ 0 G C. C. 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L -a 0 cc% -4 0 0 I I 1; 1-4 7.3 L c C--I Li 0 0 0 y -4 "i -0 0 tel 0 c 0 o 1-t 0 0.4 3 4 U al Z CA m C Z .-a I11 n en cn 5 co > 0 C 'II 10 0 C3 O O •"'t CD 'C .•+ O 0 .-e 0 0 0 0 - :J 03 eC O c eas m 0 0 >. U E -+ 3 >• O •-t G U :3 0 34 L.1 C :J 'C -+ -+ U N O :3 ..•t C 0 0 -+ -r 0 :J 0.61 C 4 ii C U C. 0 C L+ " U '."4 ba 0 Z 0 I l '3 3 --r 0 ►-t 4 O 3 m N : .•a 3 L+ --4 t' -r E La U -+ eC L • t0 0 0 to 0 0 . I. I 03 .3 0 3 0 .0 0 > 0 0 Q 0 C i3 0 :..t y :J 'C :3 314.1 --i 0 0 I 3 3 0 0 -+ 3 c--t en c - - : + + c J•-+ L ab - an to O O .. 3 O H 3 --+ c 3 cA i-4 0 Z G an r+ en LC1 2 Z 0 0 I L+ 0 0 0 -1p L+ C3 c 0 O O O c 0 > 0 0 O O e4 :.I 0 -+ U - - a.) -• 4 ..0 ',z C 4 •-iC4 �•a .0 C U >.:03 'O Z S .1 1 CL 0 4 C L .J + •-0C •-+ O 4 O 0 an -+ 0 -1 at 0 --+ -+ U O O to 0 0 0 0 cmc CC 003 -ga .&. Cl anal 00 0 0 3 a•r > E- U w •+ C O ..t an n to Z 2 = 4.1 a -4 .. J 3' C 'C • _ _ _ ci 0 Ct 4 » » 0 •. .. U >• 0. 0 mac •+ 0 C -4 4r•a - C - C :J >.-1 C C 0. R C C C .0 eC C C. --F E• U >.3 L+ 0 .3 Li » 3 L+ yC 3 L+ .-e 0 i 0 li L 0 Lr C CI, Li r 04 La 4 R - 0 0. -43 = 'O = C c » C = C � c.s C `n 0 ,0 -+C - .) sa 0 G.-•» C3 U C C. m Lt 'O - - `-' U < U C. C. W APPENDIX B ALTERNATIVE COLLECTOR STREET STUDY SHAKOPEE, MN January, 1991 Score System: 1 - Poor 2 - Fair 3 - Good Transportation: 1. Promote efficient transportation system 2 . Provide access to downtown area 3 . Encourages use of dual collector system 4 . Provides access to county road system 5. Coordination of N-S collector and Vierling Drive 6. Encourages pedestrian/bicycle opportunities 7. Meets Scott County design standards Subtotal Economics 1. Accommodates land development 2 . Minimizes construction costs 3 . Minimizes right-of-way costs 4 . Fair and equitable distribution of assessments Subtotal Land Use 1. Minimizes impact on residential neighborhood 2 . Accommodates school and park needs 3 . Allows for community center opportunities 4 . Coordinates with drainage system 5. Minimizes impact on Lion's Park Subtotal Environmental 1. Minimizes noise pollution 2 . Limits air pollution 3 . Preserves wetlands Subtotal TOTAL AU/LE/COLLECTR I/a-I MEMO TO: Dennis Kraft, City Administrator FROM: Steve Hurley, MIS Coordinator SUBJECT: Engineering CAD Hardware and Software Purchase DATE: June 27, 1991 INTRODUCTION: The Engineering Department is in need of upgrading its Computer Aided Drafting (CAD) software and hardware. Funds to come from three departments, Engineering, Planning and Administration. BACKGROUND: In the past year the Engineering Department has begun to make heavy use of AutoCAD software for the in-house design of various projects. This has worked out very well following AutoCAD training two of the technicians received. Many private engineering firms do their design work in AutoCAD or similar CAD systems. The City must upgrade to the most recent versions of software to remain compatible because of the data exchange that often takes place. Two software packages are needed. An upgrade of our current AutoCad Release 9 to Release 11, and a civil engineering software called DCA that runs as a part of AutoCAD. To run this software a hardware upgrade is necessary. Because of the program memory requirements, the speed required to regenerate large drawings on the screen and future needs an upgrade to a 486- 25Mhz pc is recommended. QUOTATIONS: Quotations for hardware are from five vendors. Because there is only one distributor of the DCA software, that is the quotation used. Hardware Software 486-25Mhz PC AutoCAD 386 Release 11 8Mb RAM DCA Civil software Rel . 11 Dual floppy drives (5 . 25 & 3 . 5) SCSI or ESDI hard drive (85-111Mb) 14" Super VGA non-interlaced monitor A price was requested from vendors on the hardware configuration above. There are a few differences in the actual configuration or services that will be explained with the quotations. VENDOR PRICE PC Tailors $3 , 575 Burnsville 898-3223 (Includes 107Mb hard drive, 128K cache and $169 for a 5 yr. warranty. ) Computer Marketing $3 , 779 Burnsville 894-7150 (Includes 111Mb hard drive, 64K cache, an interlaced monitor and 1 yr. warranty. ) PC Express $4 , 278 Richfield 861-5555 (Includes 90Mb hard drive, 64K cache and 5 yr. warranty. ) Digital Resource $4, 630 Bloomington 885-0116 (Includes 90Mb hard drive, 64K cache and manufacturers ' warranty. ) Ouannon CAD Systems $5, 675 Minnetonka 935-3367 (Includes 90Mb hard drive, 128K cache and 1 yr. on-site service. ) The quotation for the software was from Digital Resource as follows. AutoCAD upgrade 386 Release 11 $ 750 DCA Civil Software Release 11 $1, 985 Total $2 , 735 (Includes 1 hr. free installation on any hardware. ) RECOMMENDATION: Purchase hardware from PC Tailors, Burnsville for $3 , 575 and software from Digital Resource for $2 , 735 for a total cost of $6, 310. Funds to be provided: $2 , 735 Engineering Supplies 1, 765 Engineering Capital Equipment 1, 300 Administration Capital Equip. 510 Planning Travel & Subsistence $6, 310 REQUESTED ACTION: 1. ) Offer Resolution No. 3433 , A Resolution Amending Resolution No. 3309 Adopting the 1991 Budget and moves its adoption. 2 . ) Move to approve the purchase of a 486-25Mhz PC from PC Tailors for a cost of $3 , 575 and AutoCAD and DCA software from Digital Resource for $2 , 735 for a total cost of $6, 310. RESOLUTION NO. 3433 A RESOLUTION AMENDING RESOLUTION NO. 3309 ADOPTING THE 1991 BUDGET WHEREAS, the City Council has adopted a Budget for the fiscal year and; WHEREAS, changing conditions and circumstances warrant amending the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are changed as follows: FUND DIVISION ACCOUNT AMOUNT General Planning 01-4330-171-17 - $ 310.00 General Planning 01-4330-176-17 - $ 200. 00 General Administration 01-4511-121-12 - $1,300.00 General Engineering 01-4210-441-41 - $1,765.00 General Engineering 01-4511-441-41 + $3,575.00 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney cOcsEr\IT // .10 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1991 Audit Services DATE: July 22, 1991 Introduction Attached is an audit proposal for 1991 audit services from Jaspers, Streefland & Company, which was solicited at Council direction. Background The price quoted by Jaspers, Streefland & Company is reasonable and the same as last years. Action Move to accept the proposal of Jaspers, Streefland & Company for 1991 audit services in the amount of $8,300 and that the City Administrator is authorized to execute the Understanding of Engagement. JASPERS, STREEFLAND & COMPANY JEROME JASPERS,CPA•JAMES STREEFLAND,Jr.CPA MEMBERS OF THE AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS 206 SCOTT STREET.SHAKOPEE,MN 55379,16121 445-2817 July 18, 1991 Members of the City Council City of Shakopee Shakopee, MN 55379 Dear Members: Enclosed is our engagement letter for the annual audit of the financial statements of the City of Shakopee for the year ending December 31, 1991. Our fee for audit service for 1991 is estimated to be $8,300.00. Thank you for the opportunity of submitting our proposal. Y/iurs truly, _ Jaspers, Streefland & Co. Certified Public Accountants. JSC/mlj Enclosures JASPERS, STREEFLAND & COMPANY JEROME JASPERS.CPA•JAMES STREEFLAND.Jr.CPA MEMBERS OF THE AMERICAN INSTITUTE OF CERTIFIED PUBUC ACCOUNTANTS 206 SCOTT STREET,SHAKOPEE,MN 55379.(6121 445.2817 July 18, 1991 Members of the City Council City of Shakopee Shakopee, Minnesota 55379 Understanding of Engagement Dear Council Members: We are confirming our understanding of the arrangements to make an audit of the balance sheets of the various funds of the City of Shakopee at December 31, 1991, and the related statements of changes in fund balance and revenues and expenditures for the year then ended and such other supplementary information as required. The audit will be made in accordance with generally accepted auditing standards. Accordingly, we will test the accounting records of the organization and perform other auditing procedures by methods and to the extent we deem appropriate for the purpose of expressing an opinion on the financial statements. We expect the city staff will be available to prepare, under our direction, certain of the detailed schedules necessary for the examination. An audit directed to the expression of an opinion, on the financial statements is not primarily or specifically designed, and cannot be relied upon, to disclose defalcations or other similar irregularities should any exist, although their discovery may result. At the conclusion of our audit, we will submit our report with respect to the financial statements and will make separate recommendations for strengthening internal accounting controls and improving operating procedures to the extent that such matters come to our attention. Our charges will be made at regular diem rates, plus direct expenses. We will advise you promptly if we discover any indication of defalcations or other irregularities, or if other circumstances develop that require us to extend our work significantly (e.g. , internal control is found to be ineffective, books are not effectively closed, accounts are out of balance) . We are prepared to assist you with a wide range of financial and management services. Please feel free to call on us for advice at any time regarding any problems or matters which you feel we can render assistance. Page 2 If the above understanding is acceptable to you, and the services outlined are in accordance with your requirements, please sign the copy of this letter in the space provided and kindly return to us. We are looking forward to an enjoyable and continuing association in service to you. ours trul Jaspers, Stre fland & Company Certified Public Accountants J S C/ml j The services described in the foregoing letter are in accordance with our requirements. The understanding described in the letter is acceptable to use and is hereby agreed to. City Administrator I/ c TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Tax Levy for 1991 Improvement bonds DATE: August 6, 1991 To levy or not to levy a tax for pay 1991 for the 1991 Improvement bonds; 1. Levy $22,260 for pay 1992. Pro: allows for level principal payments starting in 1994. There is no planned cash shortage requiring borrowing from another fund. Minimized the size of the bond issue. Con: Increased taxes. 2. No levy for pay 1992. Pro: Minimize taxes for pay 1992. Con: Increased size of bond issue. Need to borrow money from another fund for 4 - 5 months from February payment to June tax settlement in 1993. Increased tax levy in later years. 3. Levy more for pay 1992. Pro: Manage tax levy to transition to higher future levies. Save interest cost by shorting up time frame for principal payments. Con: Higher taxes in 1992 - lower taxes in later years. 11c TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1991 Improvement Bonds DATE: July 31, 1991 Introduction The process for issuing bonds for the 1991 improvement projects has begun. Council has the opportunity to manage the tax levy for pay 1992 for this issue by deciding whether to levy for this issue in 1991 or wait until 1992. Background The process of issuing bonds for the 5th Ave. , Bluff, 2nd Ave. and Scott/Shumway has begun. Jackson/Harrison is not included because the proposed assessments are less than 20% of the project and therefore it is ineligible for GO Improvement bonding and will be financed out of the Capital Improvement Fund unless Council directs that the General Fund be used. The bond issue can be structured to have a tax levy for 1991/92 of about $22,260 and no levy in 1992/93 or to have no levy until 1993/94. Waiting until 1994/94 to start the levy will result in a cash deficit for 4 months unless more cash is transferred in from another fund or a larger bond issue is floated with higher costs. The tax levy for 1991/92 will be about $20,000 higher than last for the existing bond issues unless Council transfers in funds and cancels some of the levies. Alternatives 1. Levy this year. 2. Wait to 1994/94 to start levy. Recommendation Alternative number 1. Action Requested Move to direct staff to proceed with the process of issuing improvement bonds in 1991 with the tax levy to start for 1991/92. A A . CONSENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Surplus Property DATE: August 1, 1991 Introduction Council action is required to declare property surplus in order to dispose of equipment that is not needed. Background The City has been selling (auction) of most of its surplus equipment through the Scott County auctions. Shakopee has had an auction by itself a few years ago. Scott County will have not an auction this year and the Police Department is running out of room to store found/abandoned/confiscated property. Therefore it requested that Council declare the property listed on the attachment as surplus property and authorize staff to make arrangements with an auctioneer to hold an auction. There is additional police confiscated or abandoned property to be sold also. Action Requested 1. Move to declare the property on the attachment as surplus property and authorize staff to retain an auctioneer to hold an auction to dispose of the property. NEC 7715 Spinwriter printer Okidata Microline 84 printer IDS 480 printer Hewlett Packard 125 computer - complete Various telephone sets Electrolux canister vacuum Electrolux canister vacuum Rainbow vacuum Rainbow vacuum Rainbow vacuum Rainbow vacuum Rainbow vacuum Cement Mixer Weedeater Model 657 (new) 2 - Weedeaters for parts Green Machine (weedeater) engine Post hole digger Paint Striper Paint Striper Message Sign - old 1st National Bank sign Typewriter - Olivetti ng CONSENT Without detailed checking, Finance staff is not aware of any bills in the attached bill lists that would cause the respective division to exceed the division total budgets adopted by Council. Included in the bill list is a check in the amount of $1, 526, 532 . 50 to transfer funds to the escrow agent for the defeasance of the 87B TIF bonds. Included in the bill list is a bill in the amount of $1, 119 . 80 from Recreation Supply for a vacuum for the pool. This is a piece of capital equipment that is not in the budget and the purchase did not have prior authorization by Council. 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CO v~i 0 '0 OD b CO c� • !TA CT 0 11 \.n 0 -.1 oW � 00H ON Cq # I\ /Lk-2 Memo to: Dennis Kraft & Shakopee City Council Members From: Mark McQuillan, Parks and Recreation Subject: Pool Vacuum Purchase Date: August 6, 1991 INTRODUCTION The Parks and Recreation Department wishes to purchase a specially made vacuum to remove algae and debris from the rater at the municipal swimming pool. This is a non-budgeted item. BACKGROUND Over the years, especially this year, there have been numerous complaints of water bug bites at the pool. The cause of this problem is algae growth in the diving well and waterslide area on the south end of the pool. Part of the reason for algae growth on the south end of the pool is poor water circulation which will be addressed in a report at a later date. Staff has tried using chemicals to correct this problem, but to no avail. Therefore, they are spending their off hours, when the pool is not open, diving to the bottom of the 12 foot well and using ice-cream buckets to scoop the algae out. This is not an effective nor safe method of removing algae in that location. The new vacuum vas tested last reek and the results were excellent. All of the algae was easily removed and complaints about water bugs bites have ceased. The cost of the vacuum v/hose is 9 1, 119. 80. FUNDING The waterslide was scheduled to be painted this year but it is staff's recommendation to forego the painting of the waterslide this year and purchase the vacuum instead. 9 3,000. was budgeted under capital equipment to paint the waterslide. RECOMMENDATION Staff recommends to not paint the waterslide this year and to use some of the money to purchase the pool vacuum. 4` • • r -.11r 'frP IMI .I i __. N ;( . i . , •,.. F }} I - + 9 1-'1: ei ,. it, , , .. ..--..-", „ . LU GASOLINE POWERED 0 VACUUM PUMP WITH 4Z Y-7 1. .- - . CART W i'•. Powered by a 3 horsepower, air cooled, f- gasoline engine, this rugged vacuum Z HARMSCO PORTABLE PUMP/FILTER VACUUM cleaning pump comes complete with 4chassis and suction hose strainer. This C The handiest pool servicing device to come C1051 105 Sq.Ft.cartridge filter complete portable self priming pump is the G along in years. It's Harmsco's new portable most versatile unit for both vacuum p,3 for filtering and vacuuming your pool. The with 1 H.P.pump.220 cleaning and general utility service of BKP is heavy duty, stainless steel with an volt $1125.00 wash-down, dewatering, or transfer. Both 0 adjustable base complete with welded suction and discharge connections are 2' Z stand, wheels and handle. Ball bearing and the unit can deliver flow exceeding 130 wheels are equipped with grease fittings for C15515 155 Sq.Ft.cartridge filter gallons per minute. Zease of movement and long life. A stainless with 1 H.P.pump 220 volt steel electric line bracket is mounted on the only $1285.00 C2AF1 B Pump up to 9000 GPH $695.00 LU side. Includes suction and discharge V fittings and 75'electrical cord. 01553 Gas Engine Driven 3 H.P. Your own ground fault should be installed. portable vacuum Operator responsible for G.F.I. filter $1675.00 C10534 105 Sq.Ft.cartridge filter 01555 310 Sq.Ft.cartridge filter ~ with 3/4 H.P.pump, with 5 H.P. portable vacuum 115/220 volt $1095.00 filter $2675.00 — PORTABLE ELECTRIC WE CAN CUSTOM BUILD LARGER SYSTEMS .: s • '-' VACUUM BETTERBAG PORTABLE FILTER Innovative Bag Vac type filter units are kyr v-• designed for maximum debris removal and ease of cleaning-minimizing the number of SELF-PRIMING 1:: :. interruptions in your cleaning process. VACUUM PUMP WITH ``^T� Tackles the worst swimming pool or water CART facility clean-up problems. Harmsco's Vacuum Betterbag Portable Filter design All models are high-head, full-rated 4 11i� places the filter and bag in front of the horse-power with closed impellers designed i i • pump in place of a strainer basket. The specifically for swimming pool applications. one-step vacuum bag filter design The pump is fitted with appropriate eliminates the need for strainer basket adapters to accept either 1 1/2"or 2 suction I '�. cleaning and plugged pump impellers. hose and is supplied with 5' of t 1/2` discharge hose. Our portable vacuum cart t-s iii s .,It1 is capable of easily powering a 24"vacuum tr,xa0 Debris and leaves are trapped in the high head. t capacity bag before it is allowed to reach your pump! The easy handling bag can be FLOW RATE I:. quickly emptied and replaced for re-use. $655.00 q Y P P C34 VC 3/4 ii P. up to 9900 GPI1 is•' ` �,�y� - �"':T.- +41 ti�410� .. 0 o 4800 a-itt` _ CVB10 1 H.P. $1395.00 C115VC I HP uptO6303GPH $785.00 li. CVB15 1 1/2 H.P. $1475.00 C2VC 2 r1.f'.up to 8400 GPH $825.00 16 Recreation Supply Company TOLL FREE ORDER HOT LINE 1-800-437-8072 or (701) 222-4860 ON SENT / /,/, MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk 0(' RE: Assessment Agreement with Spott County DATE: July 30, 1 991 INTRODUCTION: Attached is a 1992 Assessment Agreement between the City of Shakopee and Scott County for the assessment of the property in the City by the County Assessor. BACKGROUND: The current Assessment Agreement between the City of Shakopee and Scott County for the assessment of property in Shakopee expires with the 1991 assessment year. Scott County has handled the assessment of Shakopee property since 1982 . The proposed agreement is identical to the expiring agreement except for the 6% increase in cost for the service. I spoke with Mr. Leroy Arnoldi, Deputy Scott County Assessor, and he advised me that all taxing jurisdictions received approximately a 6% increase over last years agreement. In 1991 Shakopee received a 2 1/2% increase over 1990. This was because the County was holding Shakopee' s increase down in an attempt to bring all jurisdictions in line. Shakopee' s increase the previous four years was approximately 10%. Mr. Schmitt from the County Assessors office spends 85%-90% of his time working on property in Shakopee. RECOMMENDED ACTION: Authorize the proper City officials to execute an Assessment Agreement between the City of Shakopee and the County of Scott for the assessment of the property in Shakopee for the 1992 assessment year in the amount of $28 , 900. 00. JSC/tiv SCOTT COUNTY ASSESSOR'S OFFICE COURTHOUSE 112 Id" 428 SOUTH HOLMES SHAKOPEE. MINNESOTA 55379 (612) 496-8115 July 24, 1991 Judy Cox , Clerk City of Shakopee Shakpee City Hall 129 East First Avenue Shakopee, MN 55379 RE: 1992 ASSESSING AGREEMENT Dear Ms. Cox , Enclosed please find the 1992 Assessment Agreement for your taxing district . Please have the agreement signed and returned to our office at the above address as soon as possible. Please be sure they are signed properly with the signature being attested in the presence of two witnesses. If you have any questions regarding this matter please feel free to contact me at the above number . Your prompt attention will be greatly appreciated . Thank you. Sincerely, "di J (L)1..... Leroy T. Arnoldi Deputy Scott County Assessor LTA/ jkf enc . ASSESSMENT AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND THE COUNTY OF SCOTT THIS AGREEMENT is made and entered into by and between the City of Shakopee and the County of Scott , State of Minnesota, this day of 19 WHEREAS, the City of Shakopee wishes to enter into an agreement with the County of Scott to provide for the assessment of the property in said City by the County Assessor ; and WHEREAS, it is the wish of said County to cooperate with said City to provide for a fair and equitable assessment of property; NOW THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED IT IS AGREED AS FOLLOWS: 1 . That the City of Shakopee which lies within the County of Scott and constitutes a separate district , shall have its property assessed by the County Assessor of Scott County, for the assessment of the year 1992. 2. That the County Assessor of Scott County assign a knowledgeable assessor with industrial/commercial experience to provide the Shakopee assessment , said assessment to be reviewed by the Deputy Assessor who coordinates all industrial /commercial assessments . 3. That the assessor assigned to Shakopee be available during normal working hours to respond to Shakopee citizens' requests for assessing information and requests for assessment data from the City of Shakopee. 4 . That the City of Shakopee will continue to conduct a Board of Review and upon the agreement of both parties, the City Attorney may assist the County Attorney in any tax appeals. 5 . That in consideration for said assessment services , the City of Shakopee hereby agrees to pay the County of Scott the sum of $28,900 on or before July 15, 1992 . IN WITNESS WHEREOF, the parties have executed this agreement this day of , 19 In presence of: For City of Shakopee Signed : By Mayor Attest City Clerk In presence of: Ful County of Ccctt City Admr. Signed : By Attest JAMES A TERWEDO, SCOTT COUNTY ATTORNEY Approved as to Form: Brian Nasi Assistant Scott County Attorney v S C C, ri al .Q7MT //a. Memo To: Dennis R. Kraft, City Administrator Honorable Mayor and City Council Members From: Marilyn M. Remer, Personnel Coordinator Re: 1991 Police Officers Union Contract Date: August 6, 1991 Introduction and Background John J. Flagler, Arbitrator has made his decision and award for the Police Officers Union. Please refer to the City Administrator's memo of July 23, 1991. The awards include the following items: 1. Wages. A wage increase of 2% of the wage schedule - Appendix A for 1991. 2. Vacation. One additional day vacation per year up to a maximum of 25 days (200 hrs. ) . 3. Longevity. No change in the dollar amounts of longevity pay, but the City of Minnetonka'a performance pay system (Appendix B - Performance Pay System) is offered on a voluntary basis to both present employees ftoD D and any who may be hired in 1991 who may choose this option over the exiting longevity program. The attached Labor Agreement between the City of Shakopee and Minnesota Teamsters Public and Law Employees Union Local No. 320, Police Officer, effective January 1, 1991 through December 31, 1991 has been updated to reflect these three changes. No other changes have been made to the union contract. Action Requested Move to authorize the appropriate City officials to execute the proposed Labor Agreement between Teamsters Local 320, Police Officers, and the City of Shakopee effective January 1, 1991 through December 31, 1991. ARTICLE XVI. WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE XVII. INSURANCE Effective January 1, 1991 the Employer shall contribute up to two hundred fifty- five dollars ($255.00) per month per employee toward health, life and long-term disability insurance. ARTICLE XVIII. STANDBY PAY Employees required by the Employer to standby shall be paid for such standby time at the rate of one hours' pay for each on standby. ARTICLE XIX. UNIFORMS Employees will be paid a uniform allowance during January of each year. The allowance will be four hundred fifty dollars ($450.00) cash for calendar year 1991. ARTICLE XX. LONGEVITY 20.1 The following Longevity Pay Plan will be in effect: At the start of the fifth (5th) year of service, an employee shall receive one hundred five dollars and sixty-four cents ($105.64) per month additional. At the start of the eighth (8th) year of service, an employee shall receive one hundred thirty dollars and ninety-two cents ($130.92) per month additional. At the start of the eleventh (11th) year of service, an employee shall receive one hundred fifty-six dollars and eighteen cents ($156.18) per month additional. At the start of the fifteenth (15th) year of service, an employee shall receive one hundred eighty-three dollars and seventy-three cents ($183.73) per month additional. 20.2 In lieu of the longevity pay plan outlined in section 20.1, employees may chose to be covered under the performance pay system outlined in Appendix B to this agreement. ARTICLE XXI. HOLIDAYS 21.1 All permanent employees and full-time probationary employees shall be eligible for eighty-eight hours of holiday pay (11 paid holidays) . 8 OOi\JSENI I { TO: Mayor Laurent, Council Members FROM: Tom Steininger, Chief of Police REF: Completion of Probationary Period Date: July 15, 1991 INTRODUCTION: Employee Raymond Erlandsen was appointed to police sergeant on December 19, 1990. BACKGROUND: A six month probationary period is required. Sergeant Erlandsen has successfully completed the probationary period and performed his duties as sergeant in an excellent manner. RECOMMENDATION: Appoint Raymond Erlandsen to the full-time permanent position of police sergeant. COUNCIL ACTION REQUESTED: Appoint Raymond Erlandsen to the full-time permanent position of police sergeant omas L. ye . i ger, Chi- f of Police OLIV //,{ MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: 3 . 2 Beer License - Kenneth D. Berg DATE: August 1, 1991 INTRODUCTION AND BACKGROUND: The application for Kenneth D. Berg for an on sale non- intoxicating malt liquor license is now in order. The application has been placed on the table pending Mr. Berg' s completion of the application. ACTION REQUESTED: 1. Remove the application of Kenneth D. Berg for an on sale non-intoxicating malt liquor license from the table. 2 . Approve the application and grant an On Sale Non- Intoxicating Malt Liquor License to Kenneth D. Berg, 222 East 1st Avenue, Shakopee, Minnesota. I S p •2, ccs I IV S N 0 ) MEMO TO: Dennis R. Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Final Plat of Weinandt Acres 2nd Addition DATE: July 30, 1991 INTRODUCTION AND BACKGROUND: The purpose of this memo is to inform the City Council of a change regarding the requirements for the final plat of Weinandt Acres 2nd Addition. This change requires a deletion of requirement 2B in Resolution No. 3427, A Resolution Approving the Final Plat of Weinandt Acres 2nd Addition. The intent of Condition 2B was to identify where on-site sewer areas would be located on the individual lots. Planning the location of sewer areas would protect them from soil compaction, resulting in the movement of heavy equipment in the site grading process. It is not appropriate for this condition to be included in Resolution No. 3427 , A Resolution Approving the Final Plat of Weinandt Acres 2nd Addition, because the necessary protection measures are covered in the Building Code. If soil compaction is too great, based on soil percolation tests, a mound system will need to be constructed. The Building and Engineering Department staff members will be monitoring grading activities in this subdivision. ACTION REQUESTED: Offer Resolution No. 3442 , A Resolution Amending Resolution No. 3427, A Resolution Approving the Final Plat of Weinandt Acres 2nd Addition, and move its adoption. RESOLUTION NO. 3442 A RESOLUTION AMENDING RESOLUTION NO. 3427 , A RESOLUTION APPROVING THE FINAL PLAT OF WEINANDT ACRES 2ND ADDITION WHEREAS , requirement 2b of Resolution No. 3442 required that all on-site sewer areas be protected from heavy equipment traffic and that the method of protection to be used should be stated; and WHEREAS, the intent of requirement 2b was to identify where on-site sewer areas would be located on the individual lots so that said areas could be protected from soil compaction resulting in the movement of heavy equipment in the site grading process; and WHEREAS, the necessary protection measures are already covered in the Building Code. NOW, THEREFORE BE IT RESOLVED, that Resolution No. 3427 is hereby amended by deleting requirement 2b, "All on-site sewer areas must be protected from heavy equipment traffic. The state method of protection will be used. " Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 6th day of August, 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney RESOLUTION NO. 3427 A Resolution Approving the Final Plat of Weinandt Acres 2nd Addition WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Weinandt Acres 2nd Addition on July 11, 1991 and has recommended its approval to City Council; and WHEREAS, all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Final Plat of Weinandt Acres 2nd Addition, described as follows: Outlot A, Weinandt Acres 1st Addition be, and the same hereby is approved and adopted with the requirements that: 1. Approval of title opinion by the City Attorney. 2 . Execution of a developer's agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of the SPUC Manager. B. All on-site sewer areas must be protected from heavy equipment traffic. The state method of protection will be used. C. Local streets and street signs within the plat will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. The streets shall be Plan A improvements and constructed by the developer. D. Construct a restriction to the existing 24" culvert to limit the maximum stormwater drainage to 14 cfs. (i.e. a concrete headwall with a smaller diameter opening. ) E. The developer shall dedicate Outlot A to the City as right-of-way. The street will be constructed when the adjoining land to the west is developed. F. A cash payment in lieu of land dedication for park purposes. The park dedication fee of $315 per lot shall be paid at the time of the building permit release, except for Lot 10, Block 2 . The applicant must pay the park dedication fee for this lot ($315) prior to execution of the final plat. 3 . The developer will be responsible for the grading of the plat, as per the drainage plan. Prior to any site grading, a permit must be obtained from the City Engineer. All street drainage must be collected within the rights-of-way or in drainage easements. 4. Each double fronting lot will be allowed access only from the local residential streets. No access to County Road 17 will be allowed except for Lot 10, Block 2. Field accesses from Lot 4, Block 2 will be removed upon completion of the internal streets. The field access to Lot 1, Block 3 will be incorporated into a street access under the County Road 17 improvement project. 5. The signature block on the plat must be corrected: A. Delete Secretary from the Planning Commission signature block and replace it with Chair of the Planning Commission. B. Delete the City Administrator' s signature block and replace it with a signature block for the City Clerk. C. Add a signature block for the County Treasurer. 6 . The plat shall identify both the drainage and utility easements. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved Plat and Developers ' Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney 1z. 6 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Bloomington Ferry Bridge DATE: July 24, 1991 INTRODUCTION: Attached is Resolution No. 3434, a resolution approving plans and specifications for Phase I construction of the Bloomington Ferry Bridge. BACKGROUND: The Scott County Highway Department has submitted a request to City staff for City Council approval of Phase I plans and specifications for the Bloomington Ferry Bridge Project. Phase I consists of grading, drainage, retaining walls and the bridge spans over the Minnesota River. The County has indicated that the bid letting is scheduled for August 27, 1991 and City Council approval by Resolution is needed prior to the bid letting. Attached is Resolution No. 3434, approving the plans and specifications for this project for Council consideration. ACTION REQUESTED: Offer Resolution No. 3434, A Resolution Approving Plans and Specifications for S.P. 70-618-08, Phase I of the Bloomington Ferry Bridge Project and move its adoption. DH/pmp MEM3434 SCOTT COUNTY HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612) 496-8346 FAX (612) 496-8365 BRADLEY J.LARSON Highway Engineer DANIEL M.JOBE Asst.Highway Engineer-Design DON D. PAULSON Asst.Highway Engineer-Construction July 91 , 1991 • Mr. Dave Hutton DiYector of Public Works City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re : SF 70-618-08 Bloomington Ferry Bridge near Dave: Enclosed for your review and City Council approval are the grading and bridge plans for CSAH 18/Bloomington Ferry Bridge 1st Stage construction and three copies of the Racnliition required by Mn/DOT noting City Council approval . Ac di ccussed with you earl i ars the tentative schedule is for an August 27 , 1991 letting of this project . City action prior to this date is needed. Thank you for your attention to this matter. If you have any questions or would like any further information, pleace contact this office. cincere1 1-C.L•A Bradley J. Larcnn , County Highway Engineer BJL/kmg Fns cc : .Joe Ries , County Administrator An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. 3434 A Resolution Approving Plans and Specifications for S.P. 70-618-08, Phase I of the Bloomington Ferry Bridge Project WHEREAS, plans for Project No. S.P. 70-618-08 showing proposed alignment, profiles, grades and cross-sections for the construction, reconstruction or improvement of County State-Aid Highway No. 18 within the limits of the City as a (Federal) (State) Aid Project has been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED: That said plans be in all things approved. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney Certification State of Minnesota County of Scott City of Shakopee I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Shakopee at a meeting thereof held in the City of Shakopee, Minnesota, on the day of , 1991, as disclosed by the records of said City in my possession. City Clerk 1OiJSENT MEMO TO: Dennis Kraft, City Administrator FROM: Jeff Swenson, Engineering Tech. II SUBJECT: Sidewalk Replacement Program DATE: July 30, 1991 INTRODUCTION: Council action is required for a resolution accepting work on the Sidewalk Replacement Program, Project No. 1990-11. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 3435, A Resolution Accepting Work on the Sidewalk Replacement Program, Project No. 1990-11 and move its adoption. JS/pmp RESOLUTION NO. 3435 A Resolution Accepting Work On The Sidewalk Replacement Program Project No. 1990-11 WHEREAS, pursuant to a written contract signed with the City of Shakopee on October 18 , 1990, DN Con, Inc. , 9870 161st Street West, Lakeville, MN 55044 has satisfactorily completed the Sidewalk Replacement Program, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney zc1 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director IP SUBJECT: Pavement Preservation Program Project No. 1991-6 DATE: July 25, 1991 INTRODUCTION: Attached is Resolution No. 3436, authorizing staff to advertise for bids for the 1991 Pavement Preservation Program. BACKGROUND: The Public Works Department annually budgets $95, 0000. 00 for the Pavement Preservation Program. This program has historically consisted of a sealcoating or an overlay project. In reviewing the condition of the City streets, staff does not feel that a sealcoat/overlay project should be done this year. All streets that would benefit from this type of treatment have all been sealcoated/overlayed within the last 5 years. Other streets are beyond preserving and need total street reconstruction. As generally accepted standards for sealcoating streets is on a 5- year cycle, staff does not feel that a sealcoating project should be done this year. Staff would like to propose bidding a crackfilling program instead. Crackfilling, in staff's opinion, does much more for preserving pavement life than does sealcoating. The reason that pavement breaks up is mainly due to water getting under the pavement into the base and subgrade and due to freeze/thaw cycles creating stress on pavement causing it to deteriorate more rapidly. Crackfilling consists of grouting out the cracks and filling them completely with a filler material sealing the pavement from water. Sealcoating basically covers the top of the crack only and within a few years the crack has reflected through the sealcoat and the pavement and is once again subject to moisture penetration. A good crackfilling program is the most important step a City can take towards preserving its pavement. The City of Shakopee has never established a crackfilling program. Staff investigated purchasing the equipment for an in-house program, but due to the high cost ($25,000) did not feel it was feasible for the limited use it would receive (probably 3-4 weeks total in any one year) . There are two areas where crackfilling would benefit: 10th Avenue and the Eaglewood Subdivision. This past spring, a 3 block section of 10th Avenue between Marschall Road and Naumkeag Street was crackfilled as a test strip. Based on the performance of that area, staff is proposing to bid out a project to complete the remainder of 10th Avenue as well as the Eaglewood Subdivision. Attached is Resolution No. 3436, authorizing staff to advertise for bids for a crackfilling project for Council consideration. The scheduled bid opening is for September 10, 1991. ALTERNATIVES: 1. Adopt Resolution No 3436 . 2 . Deny Resolution No. 3436. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3436 , A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 1991 Pavement Preservation Program, Project No. 1991-6 and move its adoption. DH/pmp MEM3436 RESOLUTION NO. 3436 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The 1991 Pavement Preservation Program Project No. 1991-6 David E. Hutton, Public Works Director has prepared plans and specifications for the 1991 Pavement Preservation Program and has presented such plans and specifications to the Council for approval NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertise- ment for bids upon the making of such improvements under such approved plans and specifications. The Advertisement for Bids shall be published for ten days, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10: 00 A.M. , on September 10, 1991, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, or their designated party, will then be tabulated, and will be considered by the Council at 7:00 P.M. , or thereafter on September 17, 1991, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier' s check, bid bond or certified check payable to the order of the City of Shakopee for not less than five (5%) percent of the amount of the Bid. Adopted in session of the City Council of the . City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney O \JSENT i a., � MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolution No. 3437 , Apporti ping Existing Assessments Within The Meadows 5th Addition DATE: July 30, 1991 INTRODUCTION & BACKGROUND: The Developer' s Agreement for The Meadows 5th Addition contained the apportionment of the existing special assessments against the new lots created as a result of the plat of The Meadows 5th Addition. The plat has been filed with the County Recorder and parcel numbers have now been assigned to the new lots. The attached Resolution No. 3437 formally apportions the special assessments against these new lots. RECOMMENDED ACTION: Offer Resolution No. 3437 , A Resolution Apportioning Assessments Among New Parcels Created as a Result of Platting of The Meadows 5th Addition, and move its adoption. JSC/tiv RESOLUTION NO. 3437 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF PLATTING OF THE MEADOWS 5TH ADDITION WHEREAS, on August 25, 1981, Resolution No. 1891 adopted by the City Council levied assessments against properties benefitted by construction of the 1981-1 V. I .P. Interceptor; and WHEREAS, on September 20, 1988 , Resolution No. 2946 adopted by the City Council levied assessments against properties benefitted by construction of the Valley Industrial Park Sewer Extension from the West side of County Road 17 to the East side of County Road 79 , Project No. 1987-13 ; and WHEREAS , on October 18 , 1988, Resolution No. 2974 adopted by the City Council apportioned the installments remaining unpaid against the parcels created because of the platting of Meadows 1st Addition; and WHEREAS, on October 3 , 1989 , Resolution No. 3121 adopted by the City Council apportioned the installments remaining unpaid against the parcels created because of the platting of Meadows 2nd Addition; and WHEREAS, part of Outlots B and E of Meadows 1st Addition and Outlots A and D of Meadows 2nd Addition have been subdivided into the plat of Meadows 4th Addition; and WHEREAS, on June 5, 1990, Resolution No. 3237 adopted by the City Council apportioned the installments remaining unpaid against the parcels created because of the platting of Meadows 4th Addition; and WHEREAS, the balance of Outlot E of Meadows 1st Addition has been subdivided into the plat of Meadows 5th Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against the balance of Outlot E of Meadows 1st Addition because of the platting of Meadows 5th Addition; and WHEREAS, the property owners have agreed to the apportionment through the execution of a developers agreement for Meadows 5th Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA That the 1991 payable remaining balance of assessments to parcel #27-136-058-0, in the amount of $4 , 030 . 18 for the 1981-1 V. I . P. Interceptor and in the amount of $17 , 077 . 11 for the 1987-13 V. I .P. Sanitary Sewer Extension, are hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof. Resolution No. 3437 Page -2- BE IT FURTHER RESOLVED, that all other parts of Resolution Numbers 1891, 2946, 2974 , 3121, and 3237 shall continue in effect. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 6th day of August, 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney MEADOWS 5TH ADDN. ASSESSMENT REAPPORTIONMENT TABLE P. I . D. NO. DESCRIPTION 1981-1 (55) 1987-13 (63) TOTAL 27-158035-0 OUTLOT B $2 , 084 . 97 $8 , 834 . 42 $10, 919 . 39 MEADOWS 5TH 27-158001-0 LOT 1 BLK 1 $40 . 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158002-0 LOT 2 BLK 1 $40. 76 $172 .72 $213 . 48 MEADOWS 5TH 27-158003-0 LOT 3 BLK 1 $40 . 76 $172 .72 $213 . 48 MEADOWS 5TH 27-158004-0 LOT 4 BLK 1 $40.76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158005-0 LOT 5 BLK 1 $40 .76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158006-0 LOT 1 BLK 2 $40. 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158007-0 LOT 2 BLK 2 $40 .76 $172 .72 $213 . 48 MEADOWS 5TH 27-158008-0 LOT 3 BLK 2 $40 . 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158009-0 LOT 4 BLK 2 $40 . 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158010-0 LOT 5 BLK 2 $40. 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158011-0 LOT 6 BLK 2 $40. 76 $172 .72 $213 . 48 MEADOWS 5TH 27-158012-0 LOT 7 BLK 2 $40.76 $172 .72 $213 . 48 MEADOWS 5TH 27-158013-0 LOT 8 BLK 2 $40. 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158014-0 LOT 9 BLK 2 $40.76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158015-0 LOT 10 BLK 2 $40 . 76 $172 . 72 $213 . 48 MEADOWS 5TH MEADOWS 5TH ADDN. ASSESSMENT REAPPORTIONMENT TABLE P. I. D. NO. DESCRIPTION 1981-1 (55) 1987-13 (63) TOTAL 27-158016-0 LOT 11 BLK 2 $40. 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158017-0 LOT 12 BLK 2 $40. 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158018-0 LOT 13 BLK 2 $40 . 76 $172 .72 $213 . 48 MEADOWS 5TH 27-158019-0 LOT 14 BLK 2 $40 .76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158020-0 LOT 15 BLK 2 $40. 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158021-0 LOT 16 BLK 2 $40. 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158022-0 LOT 17 BLK 2 $40. 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158023-0 LOT 1 BLK 3 $40. 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158024-0 LOT 2 BLK 3 $40. 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158025-0 LOT 3 BLK 3 $40. 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158026-0 LOT 4 BLK 3 $40. 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158027-0 LOT 5 BLK 3 $40. 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158028-0 LOT 6 BLK 3 $40. 76 $172 .72 $213 . 48 MEADOWS 5TH 27-158029-0 LOT 7 BLK 3 $40. 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158030-0 LOT 8 BLK 3 $40 . 76 $172 . 72 $213 . 48 MEADOWS 5TH 27-158031-0 LOT 9 BLK 3 $40 . 76 $172 .72 $213 . 48 MEADOWS 5TH MEADOWS 5TH ADDN. ASSESSMENT REAPPORTIONMENT TABLE P. I.D. NO. DESCRIPTION 1981-1(55) 1987-13 (63) TOTAL 27-158032-0 LOT 1 BLK 4 $40.76 $172.72 $213 .48 MEADOWS 5TH 27-158033-0 LOT 2 BLK 4 $40.76 $172 .72 $213 .48 MEADOWS 5TH 27-158036-0 OUTLOT C $211.08 $894.41 $1, 105.49 MEADOWS 5TH 27-158034-0 OUTLOT A $389.05 $1, 648.52 $2, 037.57 MEADOWS 5TH TOTAL = $4,030. 18 $17, 077. 11 O1\1SENT 21 MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk CD�� RE: Amending Assessment Roll for 'Market Street Improvements DATE: July 31, 1991 INTRODUCTION: The City has received a request from Mr. Stephen S . Hendrickson to apportion the special assessments levied against one of his parcels against both of his parcels. BACKGROUND: On March 20, 1990, the City Council adopted Resolution No. 3205 which adopted the special assessments for the improvements to Market Street from 1st to Bluff. The resolution also adopted the special assessments for improvements to four alleys. The request of Mr. Hendrickson only pertains to the improvements to Market Street. Mr. Hendrickson owns two separately identified parcels. Both parcels abut Market Street. The house on one parcel faces Bluff Street and Midas Muffler sits on the other parcel and it faces Market Street. When the assessment roll was prepared, it only listed the parcel facing Bluff Avenue. The Midas Muffler parcel was not listed. The amount assessed did include the 300 ' of frontage on Market. The amount assessed to Mr. Hendrickson was correct, but it should have been assessed one-half to each parcel, both of which abut Market Street. The attached resolution amends Resolution No. 3205 by identifying both parcels and apportioning the assessments equally against each. (It is standard procedure to list multiple parcels belonging to the same owner. It was an oversight that both of these parcels were not listed. ) ACTION RECOMMENDED: Offer Resolution No. 3438 , A Resolution Amending Resolution No. 3205 , A Resolution Adopting Assessments For Market Street, 1st Avenue to Bluff Avenue, Alley in Block 55, Alley in Block 81, Alley in Block 102 , Alley in Block 7 , Project No. 198E-6, and move its adoption. i 1 0 D U U) O) 0 0) N -C N a o Lo `n L to LJ LC) F-- O C O � C) +--) 6 � Q X42 —J \ 142' O a o a n _ \\ \\\\ • / // o m o o o o \\ �. /// / .. of C o 0 0l 0 ►r) o `- " \ ( ! 0 N L_ N .0 N 5o .0 1 i 1 \\\\\ \ N 0 /45 / A � -- n Nb_ N- cn N0Ncn n 0 -4S 49›1JD in, v Q • \\` \\\ \\// /,,c/-/ // . 1 \\ \ \ \/// / 0 r0 10 H- \ \\ \\ •� > if, rnn � \ — in Ci) \ \ \ 1000 1 Q � 8 S 1 = 0 1 11 1 'Z 6 illI _ - 0 (/) ' 0 a 0 o C O in - O CO +, 0 O c C" O Q) I 000 c 1 E N - (-NI — N O II CD N (n .- 2 N (/) Q I I / 1 Resolution No. 3438 Page -2- Mayor ATTEST: City Clerk Approved as to form. City Attorney RESOLUTION NO. 3438 A RESOLUTION AMENDING RESOLUTION NO. 3205 , A RESOLUTION ADOPTING ASSESSMENTS FOR MARKET STREET, 1ST AVENUE TO BLUFF AVENUE, ALLEY IN BLOCK 55, ALLEY IN BLOCK 81, ALLEY IN BLOCK 102 , ALLEY IN BLOCK 7 , PROJECT NO. 1986-6 WHEREAS, the City Council adopted Resolution No. 3205 on March 20, 1990 ; and WHEREAS, Resolution No. 3205 adopted special assessments for the public improvements to Market Street between 1st Avenue and Bluff Avenue, as well as special assessments for four alley improvements, and WHEREAS, the assessment roll for the Market Street assessments levied the assessment for two separate parcels against only one of the parcels, both of which were owned by the same party; and WHEREAS, the owner of the two parcels has requested that the special assessments be levied, in the appropriate amounts, against each parcel ; and WHEREAS , it is desireable to levy the special assessments for the Market Street improvements against each of the benefitting parcels owned by the same party rather than to levy the total assessment against only one of the parcels. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Resolution No. 3205 is hereby amended by dividing the assessment to parcel #27-004-007-0, owned by Stephen S . Hendrickson, in the amount of $26, 341. 24 into two assessments as follows: PID DESCRIPTION FF ASSESSMENT 27-004006-0 East 60 ' of S 1/2 of 150 $13 , 170. 62 Block 1 East Shakopee 27-004007-0 E 180 ' of N 1/2 of 150 $13 , 170. 62 Block 1, and E 12 ' of W 120 ' of N 91' of Block 1 East Shakopee BE IT FURTHER RESOLVED, that all other parts of Resolution No. 3205 shall continue in effect. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 6th day of August, 1991. i 2..3.. MEMO TO: Dennis Kraft, City Administrator o FROM: John DeLacey, Engineering Tech. III SUBJECT: JEJ Park Warming House/Picnic Shelt r DATE: July 31, 1991 INTRODUCTION: Bids have been received on the above referenced project. BACKGROUND: At their May 7, 1991 Council meeting, City Council authorized City staff to prepare plans and advertise for bids for a warming house/picnic shelter and parking lot in JEJ Park. Staff decided to separate these into two separate projects as the warming house is more of a building trades project. Staff has subsequently advertised and received two bids on the construction of the warming house/picnic shelter. The low bid is in the amount of $36, 800. 00 by Stang Concrete Company of Savage, MN. The second bid was in the amount of $48, 450. 00 by Cletus Link of Shakopee, MN The estimate for the construction of the warming house/picnic shelter was $39, 000. 00. The building official has reviewed the low bid and has expressed his satisfaction with the contractor. For Council information, staff anticipates receiving bids in the middle of August for the parking lot construction and basketball court paving. ALTERNATIVES: 1. Approve Resolution No. 3439 and award the contract to Stang Concrete in the amount of $36, 800. 00. for the construction of the warming house/picnic shelter. 2 . Deny Resolution No. 3439. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3439, A Resolution Accepting Bids on the Warming House/Picnic Shelter in JEJ Park, Project No. 1991-5 and move its adoption. JHD/pmp MEM3439 RESOLUTION NO. 3439 A Resolution Accepting Bid On The Warming House/Picnic Shelter in JEJ Park Project No. 1991-5 WHEREAS, pursuant to an advertisement for bids for the warming house/picnic shelter in JEJ Park, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Stang Concrete Company $36, 800. 00 Cletus Link $48 , 450. 00 AND WHEREAS, it appears that Stang Concrete Company, 7675 Highway 13 , Savage, MN 55378 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 Stang Concrete Company, in the name of the City of Shakopee for the improvement of JEJ Park by addition of a warming house/picnic shelter, 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: City Attorney �--� X02 'ONSEN MEMO TO; Dennis Kraft, City Administrate FROM: Ed Winfield, Management Analyst RE: Special Leave Without Pay DATE July 29, 1991 INTRODUCTION The City Council directed the Management Analyst to research several different programs to improve the present budget situation. One such program that was investigated is Special Leave Without Pay. DISCUSSION Special Leave Without Pay has been adopted by several other cities in the metropolitan area, and has saved money for those cities. This program is designed to allow employees to take time off and still receive all their regular benefits, while foregoing their salary. The employees requesting such Special Leave must have department head approval and must request Special Leave in one hour increments, up to a maximum of 40 hours per calendar year. It is expected that savings will be realized in each department from the use of this program. RECOMMENDATION Adopt a Special Leave Without Pay program. ACTION REQUESTED Approve and pass Resolution No. 3440 amending the personnel policies for the City to add one new section relating to Special Leave Without Pay. RESOLUTION NO. 3440 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE PERSONNEL POLICIES FOR THE CITY SET IN RESOLUTION NO. 1571, AS AMENDED, TO ADD ONE NEW SECTION RELATING TO SPECIAL LEAVE WITHOUT PAY. WHEREAS, the City has considered various means of lower costs to the City, while maintaining a pleasant work environment for its employees; and WHEREAS, the City of Minneapolis and other jurisdictions have successfully implemented a Special Leave Without Pay program, and found that employees use it, and save the City money. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the Personnel Policies for the City are hereby amended by adding one new section, Special Leave Without Pay, which shall read as follows: SECTION 14A. SPECIAL LEAVE WITHOUT PAY Purpose: The Special Leave Without Pay program is designed to allow employees to take time off and still receive all their regular benefits, while foregoing their salary. Leave: Employees may request, with the approval of their department head, time off in one-hour increments without pay, up to a maximum of 40 hours per calendar year. Benefits: The employee shall continue to receive credit for seniority, sick leave, and vacation during the leave. If a holiday falls during the leave, the employee will be paid for the holiday. The City shall continue to pay its share of life and health insurance, and the employee shall receive all other City benefits except pension payments and accruals. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: /-7%.7/- _____,Z4-6L ' ' t ,��> City Attorney [RES LEAVE] C.. l 2 /6 EXPLANATION TO ORDINANCE 315, FOURTH SERIES ORIGINATING DEPARTMENT: Law Department PURPOSE: To reduce the number of City Councilmembers from six to five. REMARKS : The City Council currently consists of a mayor and five members, for a total of six councilmembers. This is uncommon in cities, and has resulted in many tie votes. A reduction in the number of members to five would provide a more clear majority in votes. It also would result in a savings to the City of approximately $6000 per year, the salary of an individual councilmember. Due to the current budgetary constraints, the City Council has requested staff to investigate various ways of saving money. One means is to reduce the number of councilmembers from six to five. The City Council requested staff to prepare the appropriate documents to reduce the number. Under Minn. Stat. Sec. 412 . 02 , the City Council may by ordinance submit to the voters the question of whether the City Council should be reduced to five members. The attached ordinance will accomplish this. ACTION REQUESTED: Offer Ordinance No. 315, an ordinance submitting to the voters the question of whether the City Council should be reduced from six to five members, and move its adoption. Submitted by: City Attorney [ORDELECT] ORDINANCE NO. 315, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, SUBMITTING TO THE VOTERS THE QUESTION OF WHETHER THE CITY COUNCIL SHOULD BE REDUCED FROM SIX TO FIVE MEMBERS. WHEREAS , the City of Shakopee is facing difficult economic times, resulting in a need to cut back its budget; and WHEREAS, the City may save money by having five rather than six councilmembers; and WHEREAS, having six councilmembers has resulted in many frustrating tie votes; and WHEREAS, the City would be well-served by reducing the number of councilmembers to five; and WHEREAS , this issue is being proposed at least 60 days before the next regular city election, so that it may be submitted to the voters of the City. THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That the question shall be placed before the voters of the City of Shakopee as to whether the City Council should be reduced from six to five members. This question shall be stated on the ballot substantially as follows: "Shall the City Council be reduced from six to five members?" Section 2 - That this issue shall be submitted to the voters of the City at the next regular City election. The election shall be held and conducted in accordance with the laws of the State of Minnesota. The City Clerk shall prepare and post a notice of election, sample ballots, ballots, and a written notice to the county auditor, as required by Minn. Stat. Chapter 205 . Section 3 - If this question is approved by the voters, the reduction in the City Council shall become effective on January 1, 1992 . The Mayor and the two candidates for the City Council receiving the highest votes at the City general election shall serve on the City Council. Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication. Page 2 Ordinance No. 315, Fourth Series Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1991. [ORDELECT] I'Sb MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Resolution No. 3441, Authorizing the Sale of Lots 3 and 4 , Block 52 , OSP DATE: August 6, 1991 INTRODUCTION AND BACKGROUND: On July 2 , 1991 the Shakopee City Council authorized staff to negotiate a sale price for the property identified as Lots 3 and 4 , Block 52 , OSP. A $30, 000 sale price was subsequently agreed to by all parties. The closing date for the aforementioned property has been set for this Friday, August 9, 1991. The title company has requested that the City of Shakopee submit documentation at the closing, verifying that the appropriate City officials have been authorized to execute all documents pertaining to the sale and transfer of the aforementioned property to Mr. and Mrs. VanHorn. Resolution No. 3441, as attached, should serve to satisfy the request of the title company. ALTERNATIVES: 1. Approve Resolution No. 3441. 2 . Do not approve Resolution No. 3441. 3 . Amend Resolution No. 3441 and approve. 4 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REOUESTED: Offer Resolution No. 3441, a Resolution Authorizing the Sale of certain real estate herein after described as Lots 3 and 4 , Block 52 , Original Shakopee Plat, and move its adoption. AU/BS/VANHORN RESOLUTION NO. 3441 A RESOLUTION AUTHORIZING THE SALE OF CERTAIN REAL ESTATE HEREINAFTER DESCRIBED AS LOTS 3 AND 4 , BLOCK 52 , ORIGINAL SHAKOPEE PLAT WHEREAS, the City of Shakopee is the owner in fee simple of Lots 3 and 4 , Block 52 , Original Shakopee Plat, Scott County, Minnesota according to the plat thereof on file and of record in the office of the Scott County Recorder; and WHEREAS, the City of Shakopee and Cole D. Van Horn and Ruth M. Van Horn have been negotiating for the sale and transfer of this property, which sale the City has determined will be in the best interest of the City; and WHEREAS, the sale price of $30, 000. 00 has been agreed to by both parties and Cole D. Van Horn and Ruth M. Van Horn have made a down payment of $500 . 00 leaving a balance of $29 , 500. 00 due upon the delivery of the deed of transfer. NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL, that the above transaction is hereby authorized and confirmed and that the proper City officials are hereby authorized and directed to make and execute a deed from the City, owner of Lots 3 and 4 , Block 52 , Original Shakopee Plat according to the plat thereof on file and of record in the office of the Scott County Recorder to Cole D. Van Horn and Ruth M. Van Horn. BE IT FURTHER RESOLVED, that the executed deed shall be delivered to the purchasers upon payment of the balance of $29 , 500. 00 to the City. Approved in Regular Session of the Shakopee City Council on this 6th day of August, 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this 6th day of August, 1991. City Attorney