Loading...
HomeMy WebLinkAbout05/05/1992 MEMO TO: Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non Agenda Informational Items DATE: May 1, 1992 1. Attached is a reminder of the League of Minnesota Cities Annual Conference in June. Please let Toni know so she can register you for the conference. 2 . Attached is a memo from the League encouraging elected and appointed officials to sign up for one of the 6 legislative committees, and a description of their policy areas. Please let Toni know if you are interested in submitting your name and which committee you are interested in. 3 . On Tuesday, April 21, 1992 , staff met with DNR officials and representatives from Murphy' s Landing including the new Site Manager Mr. Gary Barker to discuss the proposed trail alignment in relation to its impact on Murphy' s Landing. The meeting was cordial and beneficial with both sides expressing interest to work with each other to facilitate completion of the trail. DNR officials agreed to reinvestigate the possibility of locating the trail adjacent to the Highway. Murphy' s Landing has also hired a landscape architect to work with the DNR to evaluate other trail alignment possibilities either through or around Murphy' s Landing. Staff is optimistic that a mutually agreeable solution can be identified. If we reach impasse in our discussions, this item will be presented at a Committee of the Whole meeting in either May or June. 4 . Attached is the May calendar of Upcoming Meetings. 5. Attached is the Police Newsletter for Council review. 6 . Attached is the Building Activity Report for April. 7 . St. Mary' s Church has applied for Exemption from Lawful Gambling License. They do meet the requirements of the City Code. 8 . Attached are the May 7 , 1992 agendas for the Planning Commission and Board of Adjustment & Appeals. 9 . Attached is a correspondence from the Chairs of the Shakopee Cable Commission and Shakopee Public Access Corporation requesting a meeting with the City Council at an upcoming Committee of the Whole to discuss the cable television and sound equipment needs in our new City Council Chambers. Staff will place this item on an upcoming Committee of the Whole agenda unless otherwise directed by Council. 10. Attached are the unapproved minutes of the Scott County Economic Development Coalition meeting held on April 15, 1992 . 11. Attached is a memorandum from the City Attorney regarding her absence in May. 12 . Attached is a memorandum from the Public Works Director regarding correspondence from the City' s Comprehensive Sanitary Sewer consultant indicating that the VIP Interceptor has adequate capacity to accommodate the proposed sewer flows generated by the new St. Francis Hospital. 13 . Attached is the May Business Update from City Hall. pie , i»Franchise fees LEAGUE OF MINNESOTA CITIES ANNUAL CONFERENCE :? New taxes(i.e.sales,employment, MI hotel/motel) . PCIWER >�User fees for non-residents(cultural and recreational,city services,i.e.sewer OF and water) PARTNERSHIP `:';How each of these alternatives works, their benefits,and how to determine applicability for your city PARTNERSHIP APPROACHES Cooperation Among Minnesota Cities: What's Happening and Why '0 Overview of an LMC-commissioned study e Results of statewide survey/selected Jf0 interviews Significant findings about cooperative efforts-major motivators/major barriers The context-past,present,future JUNE 9.12, 1992 • BLOOMINGTON, MINNESOTA LOCAL ISSUES Dealing with Developers:How to Take PROGRAM Chase "Getting the Most from Our Local ::: Importance of an economic develop- Resources:Building Healthy Cities" ment plan SCHEDULEDavid Morris,Director,Institute for : :Developing a strategy—deciding Local Self Reliance where the city should put its money All conference events are at the <`::>Ensuring the development matches Radisson Hotel South in Bloomington your plan (through ordinances,setting unless otherwise indicated. Brea( development standards/criteria, 10:15-10:30 a.m. monitoring agreement) ,A When and how to say no without Tuesda , Concurrent Sessions I liability Y (choose one) June 9, 1992 10:30-11:45 a.m. TABLE TOPICS ESPECIALLY FOR POLICYMAKERS Exhibitor's Luncheon LMC Board of Directors Public Relations for Cities 11:45-1:15 p.m. Meeting What public relations is and how it's 1:00 p.m. shaped General Session e Creating the desired image for your 1:15-2:15 p.m. LMC Conference city "The Power of Partnership" Planning Committee `:>Handling crisis situations-from public Marilyn Carlson Nelson,Vice Chair, Meeting emergencies to potential city scandals Carlson Holdings,Inc,Carlson Compa- • 8:30 p.m. Getting good press vies Special Kick-Off Event ESPECIALLY FOR STAFF Concurrent Sessions II Sf�' Americans with Disabilities Act (choose one) Get ready to enjoy an urban surfin'party Overview and background:what it is, 2:30-3:30 p.m. • featuring Bob and the Beachcombers. when it goes into effect,how it's Radisson Hotel South enforced ESPECIALLY FOR POLICYMAKERS 7:00 p.m. :i: Impact on cities(as employers of Innovations in Communicating with disabled workers) Citizens a Cities'involvement regarding „ New ways to use broadcast and print Wednesday, enforcement media ": How the act will affect business in the ;:: New technologies to get your message June 10, 1992 community,i.e. scam possibilities and across how to handle them (emphasis on small :Approaches for reaching specialized businesses) audiences(communities of color, Wekome/Opening individuals with disabilities,new Session KEEPING CURRENT residents,i.e.schools) 9:00-10:15 a.m. Finance for the'90s:Alternative Sources of Revenue };.}{•>:.!..•..:.;. :•. . -: . .. Y{c£Cnn............i::4}::::..::::::::::::nim.vi4:::}:...........................\..n!£,•.,........................:.:..v:.n................N..'.....n..:.......... Bireak Thursday3:30-8:45 p.m. Concurrent Sessions Iii Junell, 1992 (choose one) LEAGUE OF MINNESOTA draw oorruna 3:45-5:00 p.m. Partnership Breakfast POWER8:00 a.m. ESPECIALLY FOR POLICYMAKERS "One Minnesota' « Dispute Resolution:A Tool for Paul Olsen,President,Blandin Founda- P A R T N E R S H I P Effective Negotiation tion f:i' Overview of the mediation process (Co-sponsored by the Association of >> Practical skills to use with officials, Small Cities) staff,and constituents Practicing skills through real-life Concurrent Sessions IV examples (choose one) 'to ESPECIALLY FOR STAFF 9:00-10:30 a.m. Health Coverage:Influencing Future ESPECIALLY FOR POUCYMAKERS ""'E*'x"" •IU OMSN6TO1�NOTA Policy How to be an Effective Overview of current issues and trends Councilmember Implications for cities `:-Developing a vision for your local @ Proposed changes at state and federal community levels <:::Importance of long-range planning ESPECIALLY FOR STAFF How to influence future legislation ::Commitment to doing your home- Understanding and Valuing Diversity work ging grap KEEPING CURRENT Chandemo hits 4ii Self image and self preservation: `> State Initiatives Impacting What cities need to know about Cities: survival skills diversity Committee on Reform and Efficiency Understanding your constituents >Assessing,understanding,and (CORE)and Minnesota Milestones managing attitudes-your own,those of Description and purpose of each ESPECIALLY FOR STAFF @ Desired outcomes your colleagues Recruitment,Selection,and Retention f:,Benefits Basics with communities of coleffectively or .Progress to date(actual results) and epublic-private myth future plans `i Advertising for maximum response KEEPING CURRENT PARTNERSHIP APPROACHES FLSA compliance and the effect of Legislative Mandates:An Overview affirmative action Influencing the Legislative Process What determines a mandate—city >>Selection methods and pitfalls :;. How to obtain legislation specific to and state perspective >: The council's role and accentuating your community <:.s. Discussion of differences :»Tackling statewide issues not ad- the positive i@ Funding issues dressedLMC `> How to resolvebKEEPING CURRENT Understanding the difference Pay Equity PARTNERSHIP APPROACHES between informing and persuading >:Brief overview and update Cooperation/Collaboration/Consoli- " How to use both approaches `r>Issues and implementation:Is it dation: Partnerships Among Cities working? LOCAL ISSUES ><>The range of possibilities-from widely Tackling Crime in the Neighborhoods ::i::Cost and effect on arbitration used to"cutting edge" <.>>Urban and rural case studies <.;:Overview of trends PARTNERSHIP APPROACHES <': When cooperation doesn't make '>: Need for a multi-faceted response Collaboration/Cooperation/Consoli- sense including prevention,protection,and dation: Partnerships Between Cities How to use this information back enforcement and Other Local Governments home <' Success stories <::The range of possibilities-from widely TABLE TOPICS used to`cutting edge" LOCAL ISSUES << City-county,city-township,and city- Methods for Funding Infrastructure cityNight school case studies Improvement <What works,what doesn't aLaws and conditions affecting 6:30 p.m. a How to use this information back infrastructure funding This special celebration offers a family home Making decisions on improvements event at Metropolitan Sports Center Sources to fund improvements- complete with celebrities,sports figures, LOCAL ISSUES SMALL CITIES traditional/nontraditional and music by the Bloomington Medalist Growth Problems for Small Cities Success stories:dos and don'ts Band. ' concerns/potential conces/potential problems Metropolitan Sports Center C. Implications and issues TABLE TOPICS Ci:-i:-iii:-:i{:iii:iii.'-::::.i:{:HI.4iii{{L::•r?::{ii{i::ii{:i::::::•::i iiii::i{ii{^:i:.:.:i:•:::::i:-ii-i:.i:i-0:.;:; .. .:::::::.i:.:i:n•-.v::::::r ...... ........ ......... • ..... ....... .. ..:...:...............:.?:•r$:•1m{{h•:::._:.::n+:.r,.:::::::::�-{{:i�i•i:ti.:S{:•i}:9iiii{ii:•:J�•$:•i:•ii:-ii�i:i >•.:.:n�-�.�1::.•(. ..,. ::::::-i:.:.:.... .. . Mayors Association/Strategies to respond z Success stories—actual case studies Importance of leader Luncheon p and Mini-Conference from cities highlighting what they did, planning(making tough decisions) benefits derived,obstacles overcome, 12:30-2:00 p.m. aTABLEdministTALK rative/legal issues m TABLE TOPICS "Whatent"'s Good About Local Govern- l( BreaDonald J.Borut,Executive Director, Break 3:30-3:45 a.m. National League of Cities 3:30 3:45 p.m. Concurrent Sessions V Concurrent Sessions VI (choose one) League Annual Meeting 10:45 a.m: 2 12:15 p.m. (choose:15-3:30 onep.m) 3:45 p.m. . ESPECIALLY FOR POLICYMAKERS ESPECIALLY FOR POLICYMAKERS LMC Reception and Teamwork Between Council/Staff Selecting and Retaining a Successful Banquet Role of council and staff Manager for Your City v.iv p.m. Characteristics of a successful team: ; How to select the right city manager how to make yours work Strategies to building a successful Understanding your team players relationship ' How to resolve conflict situations Looking at the long term—making Friday, retention apriority June 12, 1992 Veterans'Preference Act Hiring/ (Co-sponsored by Minnesota City Promotion/Dismissal Managers Association) Background and requirements of act Finale General Session ESPECIALLY FOR STAFF 9:00 12:00 noon 100 point hiring/promotion systems Understanding the Ramifications of > How to test and screening tools g "Are We Speaking the Same Language. Discrimination How Women and Men Communicate" Dismissal and demotion Areas of otential discrimination— p Kelley Ott,President,KO Consultants/ KEEPING CURRENT classes protected by state/federal law Business Communications Protecting Water Resources or Paying u8�implications for It Compliance requirements and Water resourceplanning—public and Penalties ,., ,, What the elected official needs to I.: '==<'• --.--,.. :::i::: :.:..;; ;.;:;:;:.:-::;.: municipal re uirements ` `'?` ;n { �4.Li: 'v:.i-ie iii:: : n �rti ..•:' Y!{. know and do :,�,�.;::. .. .:;...: _ .......... Current issue wetlands, oundwa .z••'.fa.?; ;:;iW::E:`• -•-4:.. :::.:s�: SPECIAL ACTIVITIES FOR CITY LEAGUE °`MO"CE°'ACMS APMAL COWERDKI OFFICIALS AND FAMILIES PCIINER, Kick-off P P A R T N E R S H I P Program Night • Tuesday,June 9 Wednesday,June 10 7:30 p.m. 6:30-9:00 p.m. It's"Beach Party"time in Bloomington, Come and let us showcase the"Pride of when"Bob and the Beachcombers" Minnesota." The Met Center will serve come to the Radisson South with the as the venue for an indoor tailgate party Urban Surfin Party.The"Beachcomb- with lots of your favorite foods. Partici- ers"will be bringing more beach balls, pate in a fun evening filled with VC) Hawaiian leis,hula hoops,and great sporting activities and music to be '50s and'60s rock and roll music than enjoyed by all. AM 1-12. 1111 • u.00MIIMOTOM. MIMMQO1A ever before. The show begins at 7:30 p.m.,so get there early and win a prize Bring your camera and wear your in the"Twist"or"Limbo Rock"contest. favorite jersey—you may see representa- "Beach Blanket Bingo"is even a fives from the Twins,North Stars, possibility. This event promises to be Vikings,and Timberwolves. fun for the whole family. FAMILY ACTIVITIES Golf Bachman Tour/Luncheon cheon.Following the luncheon you will Tuesday,June 9, 1992 Wednesday,June 10, 1992 be entertained by Tom Frykman of the Friday,June 12, 1992 9:00 a.m. Comedy Gallery brought to you courtesy Golf is available at Bloomington's Dwan Depart the Radisson and start the day of the City of Bloomington. Tom has 18-hole Golf Course. Arrangements with a tour of Bachman's main facilities. performed at clubs,colleges,and must be made directly with Dwan (612) It includes a 45-minute walking tour businesses from coast to coast."Frykman 887-9602 one week prior to requested with time to browse and shop.On to the leaves you feeling deliciously giddy and date.Cost for 9 holes-$10.00, 18 holes- Hotel Sofitel for a presentation by eager for more...refreshingly unhip" $14.00. Byerly's Home Economist and lun- says Minneapolis Star Tribune. Advance Registration$15. ......,:;vA}{:...:.?'?iiF- \4; wai?;.• �}�nv::::::...•}i': :,41:::::{{: '•::.g+.�., 'i`a, ii•''•'• ~'#:'.. .s f'�i:ii`:_:r ::ic•.. ..Xa'.a';-::' '`of::.t;:;.;�:;::}:Y;iii: r >Y..v::. x:v}S:-y.' .::v{F: '. •.:IhW:;v:::v.:{ i}'•.vt:.} +k. ... , >��>�< �i:z:..;. :.:..� ::::?%.. ..�.}., .{::.,• ,. .�. : -:�•.,.:,?{�:><>::::» :::?:.?:.:.. ,:;.•` Followingthe luncheon ��YY :., .. ':�a ' ':;=p��p��: �'�'�>':�.?:.?:.: �r[!�t�;'{,.,.r{;:.;.;'�.mss',�-;v{:::.}>'.;.:::::.:::?:.?:.??:;:}.::;,� and speakers :;${fY }{V±.y��',- . .r. •:0 :• "*"'.. F ,;{n,'C.:::Y:i::,:ri>::i'iv=.'r.A ti .w::>==<:»:8:ti '•.f-.'t;':;n{,x::, :: •;. ;:� r:><-�:';}}. :-::3`..{:. .'�k•':jcx?s;.._�:.::..r.:.. . -::-h•.;{S F::i::i :-.;�4 : :•yYw'F6:;..}• v} 1...~{: ii:Y''' f°:: �'ryou ar free :�n4>>:::<:>:::<::?:::•::s�`.:•'.`��-:�::: �:..�,,Q :.;;...>..,.:'.. . >:;}:�:' . •;.}:-n•<..~ �nz:'��':;..`:ff.,ca, �%/Ji�j��..��f::::.:.. . �}�y( e for the remainder of the :4• l::C:::- i}i:,,t:.. :.,f' KE «i:::• A: ': n •,..*C:':i:• .A ,:l.v:••:: vi-?fa.:...vF --:•':::••} ?;i�}'t•" _-::•;:,d'2','£`3,.-'} {.:�Y••-.V f;:;.'i5.: ,.; vs{}w.;.• F.ir?4? F 4:�i .i3'K....{` •{f:;?:;wry`` .. .,.,2{::. . ::: >:::: -::, ~ ?:.:-..0 }.., a:-44.'�' ; ; .:'::; <:::; : .. ry .. ..,,. : N:. afternoon to relax by the pool or take in {i i::•. f \:�'r`_-..x.:4. :y :�{'., Y:.:�:' t;'kv i';; 'i, '�,•i'-"e f ;::;:•;• ;'•'iii-: . $� ?•:. f }•�` ::; : �i`. -vl''fv`{.i '•� :. ?:;..:.:'....��...�. ,: _ >;t' -� �;�:. �-.- 4 »�'.tof. ,� �. �.; �.. - some shopping' iF::'y',;:--"•f}'-�•'•'_, 'yi:i?{it,, {,.ti;:l;''%%h :{}`:x '; :, ;:;•:{,x.:;;:-?.}. {� .;�4 ai+::r' k;'.:i-%.•- v,_;x.-.?x.:1.X•. 't to;t~-� .i `S•Z:k -+d5"•:}';-;',:.; .y.. :+ :}t}:. ;:#,t ` t{.._Z:t {Sy:.;:•:i{; }.�.�? -:o:-. rj i'^.`.:�•:•.r. ;?:R.'-i::•,� --.'q,:�{.•'• >S`ii:`�i:.:}: t$n:;-?:f 4 :. � �:�.r-4.-�' t. f8' :F{:{:r:,v,., � �f:iv?{t.:':,{�:v,�':,.�'~ +':`i}: ;,,, .fc'-}:14;{• ~i}:;v,t 0: ..,ff W i'titli:l} .c;t;!„: yr!. ...?,.•,;:,.+•:•..k .? .. : :�-..?.. _ x:.: ': .::.; .� .,x:}���'�a.• :;<: {�:':'.,,�n .:� . .�'�:.�... as Th ,Y <,,. .;�: •� :: - :..},,... -��n-;;::;. ,� �a:::• .�.v :_�;F � ,,� Log eater .:. Yhy ,t .�,,` `v?;io:C',.ti::y:.*.'..:��' -:.4. i�,�{::;•: ... ;. i ;#.y~•�`::'. /ji ;}y:: :t.: ';-+e.: f' `-{".:-:. ';}:; ..;i•'` ' ,:..}:�r.}}'•..d??: f:;;°:.s.,:"�u'-y vv. S ::.{i i {, f: {}r• :.,.`;::a. :: +•' Thursday,����`: •,r••'�h?, i .�} .�:�::>:, tine 11 1992 �' ',.iY •�{ +`,i„':i, ''�. -- ��:::>?:?�. �.+:"�'yw:.+ti.t + rr t�'� yf J , tPS ':a: �-.- }. t, .y' '.''4?. .. 4'.}{: :t:' ��_• {:.fif}.:-i' ..V...�:::::Ti 'vz- g,. -::i•. .,a :3ai.ast:. ;{ig. .w?fax..,...:.: ::s }.:: : 11:00 am. A,, '• a5'�';�<:`::::;,�..•• ;s�`sZz:;�~�', .. ::?i�;3�-,,,��..Fr-: .:>a1'.��.:. ':• ..:.:. ::/•�:: .l:,-.-,•.h ---v :r v�p�S�� J' ..\-. :\;:�:}+�C`.:'ri':. �.. kyr.:;• .-~S;`n ';:: ~ :{}..Fes:ii:{-'t '."}iFt'. ??{l•,5.;: Xv '-'v .4: .r .._;}ry.}.,.~'v,':?'1'•iv v?':;a• rcr i.-.: ».i:. mg* _ :>%?<_ �-�s::. 1 _ Travel by motorcoach to the Old Log n-v-.'?.;?';.{><:y,';,#-:': �E.�;'•ia :{ .ax"''..l}v '`�c.`'��'::S}::.n:-.:d{ryf':}: iv;=i •,,`•. �� `:-•�" ;i;':Y�:f. ^�'��•'�,':�% .r :i: '�-.';.:;},�. x'r??f•~},'} -:.{ti f•'.i,..';i.;+ `.�:., ?: { >?�:`-+.ik .: , :".£Fr..:•i'�;.�f:ly' ?a h . i;;` '-:.'c 4��; ;:. >;::'. _ ,: ii Theater in Excelsior ...... }.... W i r'--..;. ..-':Fr,..3�.�-} :.,�ir'r:� -.;{{•:• v%f -?:3. to enjoy a wo vvav:.t �^'--':-v:':'v..gpi,f.;.. 4 .A;:��;;.::}:' v..i,?':?�h,,.�:,,:.•,. .:::{:vii ..- .... r A .::x;... ::. a•.ic :,.::::. .::f>;:,., :ayss? :>: ?`r> `k»r' ?" '.. ::...,:::{3? ful lunch followed bythe hilarious?:;,�>? ?.�:•. } play $T ::i`�x4•% ..a..:.C+''- .�.4 };kc;? ':�. ..$':'1. t :::-i%co-'. '•;k{:.,•, F ::;t»:: }f. {..-.n. :::s,�} N._::.;....-. . -,{.-.:};. -:::i~� - :,� ':�:<»:>�.. .: -�{: :-:"�..^�wv -4a "The Foreigner”by :. :- _ ; F:'.:_f r; :: yLarry Shue. {+vA,. ,(�'Stty?.? r}`-'. f "•4' :�i?:H h;✓, �.:. ?:�, P; . v„.,.......,..%:,:.0,., _ - - .N:f-;�b.. .z. {{• -'...."),. ':.iy.. y{?'.ii:{. •:i-3. • ..::.w,::•••} :-i:.v' 4,,,: v.,;-;:• .y .,, ::Y;•;:y v:•:•••.• f•-}f•:`: x.,:-- ?-r 4{,'F•v . +} -, ti,:� :.,.k •L ;' :.'t{'?-..;-..{;��,-{ fi�`}?iii:` �{ }tt:,•£ -}� ..x.:).4:'`;: ? <y:> .': •.:x;;: ' '; ;~- ;:*` '•'.<-^ '~ i .•:. ._- ., :. : :;:::25 }. "The ForeigpnT1er"is a comedyabout a •S % x.. i`• 3.�Y-:i+ S. ��'. � '.-.: ://?1 •,rrv. ;Y:��)¢•,�f}}}:Ci V ?.>. >? : '-• :r •. l:: °k:•.-- w.:' .f>.?:::< 4 •• ' <&:•;.-�x:,} w ery shy En Lishman who has taken up f;;-:.:?::3{::. . .'i,..Vv.•.`:}r'•{:<.?::::,`'?` ::v::: .v.¢. :• :.!iCf{. r.;t}.:H? .v:; , ry:?:: ...•A • . }.;:::,:,, �';:,;f•}f• A,:-K ;,;K }- • . ..• - ..:-'' { 'i rz-i. residence in a backwoods Georgia Inn, ::•:::i -1^:~i?i: :F*. ; -:..:h:i: i' ;.:-.ink4}.. '.�•: •? . - ::A:::: :y.}i?}•?v•..........%.,.....' :;: ? }.:ii•>:. :v`: -:w,-ff:'+;'. 'l{:} to}v.{r>?. and <,?'���:r: ..:,; '�<:. -?{,. $::::::4:::.,......�.?-;;. . ;.H.F:: - t:;t ? .x4.. -,< . because of his shyness,pretends ^.i}-�.,'i�;.,?i?.`.:::.: ;•.�-:s-4��''':;.4.�..-�•.f...s..-a_... ;{.w ,:_..`,�:.�`'' :,?~i y,'-' .}f�y� ='i : :: ::::.: } "x'-':.x,. ;;• ... t.:;�•r,•. 4: a.-:::: that he cannot speak or understand lii"-h ;;..;R?'s'..;': ;6!. ::iFA -+f`?•>:.,.�,4. --{�-ki`q.',.`�:rk .;;`.' {:� P v` } -'.`:`�.;><.:ai: English. Then what people discuss in ,>�<::::?.?:i:. ' .`�;.:. i':.4 };'r~ <;�' t<-iP . :' :A f :, i:i; ;-:.__?. ' . front -:...�:.. .f. ; - •• . t` -. . »�;:>%.?:-.: �:.:-: ::•. both hilarious _ -.,;•,w':-`{ �'} .,o-•• .• i:,o}. �...�r.-' �;. of him becomes ous and ./,.... `.{:..} {?-: 'il- - Si' 3:f-i':4:,:- N. iK:}. t./.? n.'f'ii;;i...: .f µ-:: :i:: ,:. .i.,: »} ,• ; ; .'•;::? r:::.. .v. _-«-•' :U'x .a`: . : '-'? unbelievable. af:iii :fi-:<fiiii:.:•::: ,�,,,�x"':..3 f �.c,{ ,::F....s.21 r�'�~:': t'�.t .:.v::: v~xv:..r• ..: .. .v.:., ..}»i n:):v;�..:.......i;:;i:?. F :`�-5-.::5. ;4??%f;r:'•?"c�liS\''i::%v';�}..- v-ri?.fif~ v:v}t;:f.}iiQ?i?}:t:v::::.:.::.:.:.:...........:..... t. v.:.v .my .N,..:-:'i:vA:il:•... 14 .f.-?:. .\•::.v!::.4 xv???}:Ai'..:::::::: M!!!::::.::ii?i.:::::,F..:y:::-.'^ 'i�'Sw. }'-:•?i..-{t,. ?� �� ���- o � •} ..;. •• - �� f ;� You will be returned to the Radisson by :;ryYj<; Ft:....8 . ..,. r..:.:..:.my off,rials to the 1.� C:'...1.W..-..''. I .- ..: }F :: x i.; •{;•?:;•: :...... v -:-' • : `..' 5:00 p.m. Advance registration with a qty of 8ioomingtorz events#eature 11w4 ; c}?::-:::-Fr:f�•-'<:tt � ~" F->????:-: �.: x r �''< -?.� :::�:.. j~`{ ^�::.:.:<;' ;' maximum of 60 people. Cost$20. r:.vv .' ��y� in:. ;:•. '� ::. . .-: ?:-v-.:::v.;j;(:ix;?;�;::;:;:;:•:i:,�:f F'?:;i?'' :.Wl 5....::i;}'if i S~?RCJf•Ji}i'rii:=i?:'vvl'{3:•h :•ii%i}:is :v:..........:ii.....:..:.... v:.i........?.v`:• ' ..................... :.�;: .......:::.:.... } '�,oia '9`1':�•` ': ri�.�s CONTINUED ON PAGE 21 ... ......:::}.d.^-.ih:2.:2;>:.`.•isT.iti:`.-'. '.?zc:R;;i:i?.ii=2;is::«iii:?` ii:::;iiii:;isi:} :_:ii:::::`:?,}} „ ::::..: .:...s?:.'�w•{•>}:z;•??xi:-?.:.::i::%•:M::;ai::is,ii:>.is>sir>,':.:w:.?::;::<:i>.:i:%ioaiii?::i:.i:: , ::k''',IA. LI I 183 University Ave.East St.Paul,MN 55101.2526 League of Minnesota Cities (612)227-5600(FAX:221-0986) April, 1992 TO: Mayors, Councilmembers, Managers, and Clerks FROM: Peter Solinger, LMC President RE: LMC Legislative Policy Committees Would you like to help shape the League' s legislative policies and priorities? The involvement of local officials is a key component of the League' s legislative program. Local officials contribute to the League' s ability to advance city positions by identifying issues, studying and recommending solutions, voting on legislative policies at the Legislative Policy Adoption Conference, and through personal contact with their legislators. LMC legislative policies have high credibility with legislators because they know that the policies are determined through the grass roots involvement of many local officials. To encourage increased participation of city officials- -particularly elected officials- -the League will revamp its committee process this year. We will also attempt to make less demand on committee members' time by limiting the number of meetings to three- -one meeting in the month of July, one meeting during the month of August, and one meeting in early October. We encourage elected and appointed officials from throughout the state to sign up for a committee. The six legislative committees and their policy areas are: DEVELOPMENT STRATEGIES: general development issues including tax increment finance, industrial development bonds, redevelopment, economic development authorities, and housing. ELECTIONS AND ETHICS: election and ethical issues, such as voter registration, local government elections, and combined city/school district elections. FEDERAL LEGISLATIVE: develop positions on federal policy issues in coodination with the National League of Cities on issues such as fiscal relations, rural development, housing, environment, and transportation policies. (OVER) GENERAL LEGISLATION AND PERSONNEL: comparable worth, open meetings, tort liability and insurance, purchasing authority, mandates, charitable gambling, licensing of contractors, competitive bidding issues, personnel, PERA and other pensions, emergency medical services, veterans ' preference, volunteer fire, and military leave issues. LAND USE, ENERGY, ENVIRONMENT, AND TRANSPORTATION: wastewater treatment, solid and hazardous waste, ground and surface water management, land use (planning, annexation, eminent domain, and adverse possession) , energy conservation, and transportation issues. REVENUE SOURCES: municipal finance, levy limits, property tax law, local government aid, and truth in taxation. In June 1992, I will appoint new legislative committee members. The committee appointments are for a two-year period (1992/93) that coincides with the state' s biennium. The League strives to achieve balanced representation from all regions of the state on each committee. I can't guarantee you will be placed on the committee of your first choice, but every effort will be made to do so. PLEASE RANK YOUR PREFERENCE FROM 1 (FIRST) TO 6 (LAST) . I would like to serve on: (use ranking to indicate preference) Development Strategies Elections and Ethics Land Use, Energy, Environment General Legislation and Transportation and Personnel Revenue Sources Federal Legislative Name Title Address City, Zip Home phone ( ) Work phone ( Please return this form by May 22, 1992, to Mary Diedrich, League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101-2526 . 4y Ma y 1 9 9 2 UPCOMING MEETINGS SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 0 4:30pm Public 7:00pm City 7:30pm Planning Utilities Council Commission Meeting 10 11 12 13 14 15 16 7:00pm 7:00pm Board of Committee of Review the Whole 17 18 19 20 21 22 23 7:00pm Park & 8:00pm City 5:30pm Rec. Board Council Community Meeting Development Commission 7:00pm Energy & Transportation 24 25 26 27 28 29 30 City Hall Closed 7:00pm Board of - Memorial Day Review if needed (C.O.W. 31 April June SMTWTFS SMTWTFS 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 11 7 8 9 10 11 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 28 29 30 04/30/1992 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - APRIL 1992 April 1992 April 1991 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 16 43 3 ,432,482 14 43 3, 012,400 Single Family-Septic 3 5 587,930 5 6 906,800 Multiple Dwellings 2 7 718,548 1 4 453 , 600 (# Units) (YTD Units) (4) (14) - (2) (8) - Dwelling Additions 11 19 112,847 8 15 56, 630 Other 1 2 4,500 1 5 30,780 New Comm. Bldgs - 1 85, 000 1 1 150, 000 Comm. Bldg. Addns. - - - - - - New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - - - - New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Accessory/Garages 4 5 54,058 5 7 50,240 Signs & Fences 10 18 43, 021 8 17 44, 902 Fireplaces/Wood Stoves - - - - 1 4,200 Grading/Foundation 1 1 15, 160 1 2 201, 000 Moving - - - - - - Razing 1 2 47, 013 - 1 1, 500 Remodeling (Res. ) 5 12 40, 008 5 12 79, 300 Remodeling (Inst. ) - - - - - - Remodeling (Comm/Ind. ) 5 17 1, 256, 100 5 16 1,406, 297 TOTAL TAXABLE 59 132 6,396, 667 53 130 6, 397, 649 TOTAL INSTITUTIONAL - - - - - - GRAND TOTAL 59 132 6,396, 667 53 130 6,397, 649 No. YTD. No. YTD. Variances - - - 2 Conditional Use 3 5 - 3 Rezoning - 1 - 1 Electric 39 130 39 104 Plumbing & Heating 62 171 63 164 Total dwelling units in City after completion of all construction permitted to date 4, 674 Jeanette Shaner Building Department Secretary - k CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN APRIL, 1992 9380 Novak Fleck 1112 Dakota Street House 77,806 L 1 B 1, Meadows 6th 9381 Novak Fleck 804 Larkspur Court House 68,574 L 12 B 2, Meadows 6th 9382 Jerry Morehouse 911 E. 1st Avenue Windows 2,500 9383 Richard Schroers 504 Mint Circle Deck 1,800 9384 Void 9385 Ronald Ginkel 1209 Madison Street Fence 921 9386 Robert Cole 126 So. Praire Street Addition 15,000 9387 J & D Drywall 1419 Prairie Lane House 91,382 L 2 B 2, Prairie Estates 1st 9388 Novak Fleck 1181 Naumkeag Street House 73 , 067 L 3 B 1, Meadows 5th 9389 Keith Hartman 1312 11th Avenue East Deck 1,176 9390 Minn. Valley Fence 506 West 7th Avenue Fence 800 9391 Bruce Doyle 1817 Ruby Circle Deck 1,428 9392 Jeffrey Fahey 1180 Vierling Court Deck 1, 680 9393 Daniel Barber 648 Hillwood Drive Garage 18,000 9394 C. I. Realty 1504-1508 Roundhouse Cir Twinhome 105,036 L 8 B 2, Eagle Creek Junction 3rd 9395 Scenic Sign Corp. Shakopee Town Square Sign 2,400 9396 Scott LaCourse 1261 Sapphire Lane Deck 1,960 9397 Quality Marine 450 West 1st Avenue Sign 600 9398 Laurent Builders 12th Avenue & Polk St. Sign 200 9399 Ryan Company 901 Canterbury Road Alteration 27,000 9400 Gerry Wolner 2740 Jade Circle Deck 2,000 9401 New Century Const. 514 East 5th Avenue House 70, 000 L 4 B 1, Mulberry Meadow 9402 Centrepoint Signs 1181 East 1st Avenue Signs 2,200 9403 Ralph Christensen 2300 Marschall Road Deck 2 , 500 9404 Michael Thompson 1192 Limestone Drive Porch 5 , 000 9405 ABN Properties 600 County Road 83 Alteration 2 , 600 9406 R. F. Construction 1099 Madison Street Remodel 1, 238 9407 Novak Fleck 1208 Dakota Street House 82 , 800 L 8 B 1, Meadows 6th 9408 Novak Fleck 1223 Dakota Street House 81, 380 L 13 B 2 , Meadows 6th 9409 Jay Warner 2157 Heritage Drive Deck 840 9410 Troy Boegeman 1121 Naumkeag Street House 88 , 370 L 2 B 1, Gary & Lori ' s Land 9411 Brian Tenore 2625 Lakeview Drive House 130, 580 L 7 B 4, Timber Trails 9412 T. J. Olson Shakopee Town Square Remodel 20, 000 9413 Robert Annen 905 Minnesota Street Garage 11, 458 9414 E. L. Prahm 140 So. Holmes Street Remodel 4 , 000 9415 Novak Fleck 1125 Dakota Street House 81, 745 L 3 B 2, Meadows 6th 9416 New Century Const. 630 East 5th Avenue Finish Basement 3 , 750 9417 New Century Const. 1241 Sapphire Lane Finish Basement 1, 960 9418 Griggs Contracting 6340 Hwy 101 Tank removal 3 , 000 9419 Thomas Swenson 820 S. Marschall Road Remodel 300 9420 Calvin Anderson 826 Scott Street Garage 2 , 000 9421 Fish/LaBeau Signs 7802 Highway 101 Signs 7, 900 9422 Novak Fleck 1124 Dakota Street House 75, 400 L 4 B 1, Meadows 6th 9423 King Homes 1107 Prairie Court House 87, 995 L 8 B 2 , Prairie Estates 1st 9424 C. I. Realty 1454-1458 Roundhouse Cir Twinhome 103 , 369 L 2 B 2 , Eagle Creek Junction 3rd 9425 Tracy Kubista 547 Hillwood Drive House 124 , 550 L 4 B 1, Hillwood Estates 9426 Lloyd Schoenbauer 1270 Sapphire Lane Fence 1, 760 - i 9427 Mark Nysted 1308 Pondview Court Deck 1, 680 9428 Novak Fleck 1228 Dakota Street House 68 , 850 L 13 & 14 B 1, Meadows 6th 9429 Novak Fleck 1203 Dakota Street House 81, 700 L 4 B 2, Meadows 6th 9430 R. S.M. Homes 2093 Pike Lake Road House 92 , 400 L 6 B 1, Meadowbrook Run 9431 A & K Affordable Fencing 1068 Jackson Street Fence 825 9432 Novak Fleck 1161 Naumkeag Street House 58, 920 L 2 B 1, Meadows 5th 9433 Logeais Homes 1121 Dakota Street House 75, 572 L 2 B 2, Meadows 6th 9434 K-Mart 901 Canterbury Road Grading 15, 160 9435 Kusske Construction 111 East 1st Avenue Demo 34 , 633 329 East 1st Avenue 201 West 1st Avenue 211 West 1st Avenue 9436 Gerald Wawrzyniak 2660 Emerald Lane Deck 2 , 500 9437 James Rognlie 2360 Muhlenhart Road Garage 13 , 600 9438 Douglas Hale 1021 Eastview Circle Fence 1, 500 9439 David Schmitt Const. 1114 Prairie Court House 82 , 240 L 6 B 2, Prairie Estates 1st Total: $2 , 019 , 605 A- CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - APRIL 1992 April 1992 April 1991 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 16 43 3,432,482 14 43 3, 012,400 Single Family-Septic 3 5 587,930 5 6 906,800 Multiple Dwellings 2 7 718,548 1 4 453 , 600 (# Units) (YTD Units) (4) (14) - (2) (8) - Dwelling Additions 11 19 112,847 8 15 56, 630 Other 1 2 4,500 1 5 30,780 New Comm. Bldgs - 1 85,000 1 1 150, 000 Comm. Bldg. Addns. - - - - - - New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - - - - New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Accessory/Garages 4 5 54, 058 5 7 50, 240 Signs & Fences 10 18 43, 021 8 17 44, 902 Fireplaces/Wood Stoves - - - - 1 4, 200 Grading/Foundation 1 1 15, 160 1 2 201, 000 Moving - - - - - - Razing 1 2 47,013 - 1 1,500 Remodeling (Res. ) 5 12 40,008 5 12 79,300 Remodeling (Inst. ) - - - - - - Remodeling (Comm/Ind. ) 5 17 1,256, 100 5 16 1,406, 297 TOTAL TAXABLE 59 132 6, 396, 667 53 130 6, 397 , 649 TOTAL INSTITUTIONAL - - - - - - GRAND TOTAL 59 132 6, 396, 667 53 130 6, 397, 649 No. YTD. No. YTD. Variances - - - 2 Conditional Use 3 5 - 3 Rezoning - 1 - 1 Electric 39 130 39 104 Plumbing & Heating 62 171 63 164 Total dwelling units in City after completion of all construction permitted to date 4, 674 Jeanette Shaner Building Department Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN APRIL, 1992 9380 Novak Fleck 1112 Dakota Street House 77 , 806 L 1 B 1, Meadows 6th 9381 Novak Fleck 804 Larkspur Court House 68 , 574 L 12 B 2 , Meadows 6th 9382 Jerry Morehouse 911 E. 1st Avenue Windows 2 , 500 9383 Richard Schroers 504 Mint Circle Deck 1, 800 9384 Void 9385 Ronald Ginkel 1209 Madison Street Fence 921 9386 Robert Cole 126 So. Praire Street Addition 15, 000 9387 J & D Drywall 1419 Prairie Lane House 91, 382 L 2 B 2 , Prairie Estates 1st 9388 Novak Fleck 1181 Naumkeag Street House 73 , 067 L 3 B 1, Meadows 5th 9389 Keith Hartman 1312 11th Avenue East Deck 1, 176 9390 Minn. Valley Fence 506 West 7th Avenue Fence 800 9391 Bruce Doyle 1817 Ruby Circle Deck 1, 428 9392 Jeffrey Fahey 1180 Vierling Court Deck 1, 680 9393 Daniel Barber 648 Hillwood Drive Garage 18, 000 9394 C. I. Realty 1504-1508 Roundhouse Cir Twinhome 105, 036 L 8 B 2 , Eagle Creek Junction 3rd 9395 Scenic Sign Corp. Shakopee Town Square Sign 2 ,400 9396 Scott LaCourse 1261 Sapphire Lane Deck 1, 960 9397 Quality Marine 450 West 1st Avenue Sign 600 9398 Laurent Builders 12th Avenue & Polk St. Sign 200 9399 Ryan Company 901 Canterbury Road Alteration 27, 000 9400 Gerry Wolner 2740 Jade Circle Deck 2 , 000 9401 New Century Const. 514 East 5th Avenue House 70, 000 L 4 B 1, Mulberry Meadow 9402 Centrepoint Signs 1181 East 1st Avenue Signs 2 , 200 9403 Ralph Christensen 2300 Marschall Road Deck 2 , 500 9404 Michael Thompson 1192 Limestone Drive Porch 5 , 000 9405 ABN Properties 600 County Road 83 Alteration 2 , 600 9406 R. F. Construction 1099 Madison Street Remodel 1, 238 9407 Novak Fleck 1208 Dakota Street House 82 , 800 L 8 B 1, Meadows 6th 9408 Novak Fleck 1223 Dakota Street House 81, 380 L 13 B 2 , Meadows 6th 9409 Jay Warner 2157 Heritage Drive Deck 840 9410 Troy Boegeman 1121 Naumkeag Street House 88 , 370 L 2 B 1, Gary & Lori ' s Land 9411 Brian Tenore 2625 Lakeview Drive House 130, 580 L 7 B 4 , Timber Trails 9412 T. J. Olson Shakopee Town Square Remodel 20, 000 9413 Robert Annen 905 Minnesota Street Garage 11, 458 9414 E. L. Prahm 140 So. Holmes Street Remodel 4, 000 9415 Novak Fleck 1125 Dakota Street House 81, 745 L 3 B 2 , Meadows 6th 9416 New Century Const. 630 East 5th Avenue Finish Basement 3 , 75u 9417 New Century Const. 1241 Sapphire Lane Finish Basement 1, 960 9418 Griggs Contracting 6340 Hwy 101 Tank removal 3 , 000 9419 Thomas Swenson 820 S. Marschall Road Remodel 300 9420 Calvin Anderson 826 Scott Street Garage 2 , 000 9421 Fish/LaBeau Signs 7802 Highway 101 Signs 7 , 900 9422 Novak Fleck 1124 Dakota Street House 75, 400 L 4 B 1, Meadows 6th 9423 King Homes 1107 Prairie Court House 87, 995 L 8 B 2 , Prairie Estates 1st 9424 C. I . Realty 1454-1458 Roundhouse Cir Twinhome 103 , 369 L 2 B 2 , Eagle Creek Junction 3rd 9425 Tracy Kubista 547 Hillwood Drive House 124 , 550 L 4 B 1, Hillwood Estates 9426 Lloyd Schoenbauer 1270 Sapphire Lane Fence 1, 760 9427 Mark Nysted 1308 Pondview Court Deck 1, 680 9428 Novak Fleck 1228 Dakota Street House 68, 850 L 13 & 14 B 1, Meadows 6th 9429 Novak Fleck 1203 Dakota Street House 81, 700 L 4 B 2, Meadows 6th 9430 R. S.M. Homes 2093 Pike Lake Road House 92 , 400 L 6 B 1, Meadowbrook Run 9431 A & K Affordable Fencing 1068 Jackson Street Fence 825 9432 Novak Fleck 1161 Naumkeag Street House 58 , 920 L 2 B 1, Meadows 5th 9433 Logeais Homes 1121 Dakota Street House 75 , 572 L 2 B 2 , Meadows 6th 9434 K-Mart 901 Canterbury Road Grading 15, 160 9435 Kusske Construction 111 East 1st Avenue Demo 34, 633 329 East 1st Avenue 201 West 1st Avenue 211 West 1st Avenue 9436 Gerald Wawrzyniak 2660 Emerald Lane Deck 2 , 500 9437 James Rognlie 2360 Muhlenhart Road Garage 13 , 600 9438 Douglas Hale 1021 Eastview Circle Fence 1, 500 9439 David Schmitt Const. 1114 Prairie Court House 82 , 240 L 6 B 2 , Prairie Estates 1st Total: $2 , 019, 605 TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN May 7 , 1992 Chairperson William Mars Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of April 9 , 1992 , Meeting Minutes 4 . Recognition by Board of Adjustments and Appeals of Interested Citizens. 5 . 7 : 30 P.M. PUBLIC HEARING: To consider a variance for an Accessory Structure at 1199 Quincy Street. Applicant: Gerald Schesso Action: Resolution No. 635 6. Other Business a. b. c. 7 . 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 Terrie 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. 48 TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN May 7, 1992 Chairperson Terry Joos Presiding 1. Roll Call at 7: 30 P.M. 2 . Approval of Agenda 3 . Approval of the April 9, 1992 , 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 beauty shop out of the applicant ' s home at 620 County Rd. 78 . Applicant: Vicky Heller Action: Resolution No. 629 6 . 7 : 50 P.M. PUBLIC HEARING: To consider an application for a conditional use permit to allow continuation of outdoor storage of transportation equipment at 380 Viking Steel Rd. Applicant: Terminal Transport, Inc. Action: Resolution No. 593 7 . 8 : 00 P.M. PUBLIC HEARING: To consider an application for the preliminary plat of Market Place, lying west of Market St. and north of 5th Avenue. Applicant: Dave Rutt and Merle Volk Action: Preliminary Plat Approval 8 . Final Plat: To consider the final plat of Dominion Hills Estate, located east of County Rd. 17 and south of Hillside Drive. Applicant: Gary Bergquist Action: Final Plat Approval 9 . 8 : 20 P.M. PUBLIC HEARING: To consider the preliminary and final planned unit development of High Five Erectors, Inc. , located at 700 County Rd. 83 . Applicant: High Five Erectors, Inc. Action: Preliminary and Final PUD Approval 10. 8 : 30 P.M. PUBLIC HEARING: To consider an amendment which would remove the motel from the planned unit development of Shakopee Valley Square, located at 1251 East 1st Ave. Applicant: Metropolitan Federal Bank Action: Amend the Planned Unit Development 11. 8 : 40 P.M. PUBLIC HEARING: To consider amending the City Code to clarify and revise the regulations on cul-de-sac streets. 12 . 8 : 50 P.M. PUBLIC HEARING CONTINUED: To consider an application for the preliminary plat of Maple Trails Estates, lying on the east side of County Rd. 17 across from Timber Trails Addition. Applicant: Laurent Builders, Inc. Action: Preliminary Plat Approval 13 . 9 : 00 P.M. PUBLIC HEARING: To consider the rezoning of 45 acres located south of Vierling Dr. , west of County Rd. 16, north of the future TH 101 Bypass and approximately 1300 feet east of County Rd. 17 from Urban Residential (R-2) to Mid- density Residential (R-3) . 14. 9 : 10 P.M. PUBLIC HEARING: To consider the preliminary and final planned unit development of Dalles Townhome Addition, lying directly south of Vierling Dr. and south of Ruby and Sapphire Lanes. Applicant: Dale Dahlke Action: Preliminary and Final PUD Approval 15. VACATION: To consider the vacation of Drainage Easement in Lot 8, Block 1, Hillwood Estates. Applicant: Dale Dahlke 16. 9: 30 P.M. PUBLIC HEARING CONTINUED: To consider an application for a conditional use permit to construct an industrial waste treatment plant at 800 W. 1st Ave. Applicant: Rahr Malting Company Action: Conditional Use Permit No. 627 17 . 9 : 40 P.M. PUBLIC HEARING CONTINUED: To consider an application for the preliminary and final plat of South Parkview 2nd Addition, lying directly north of 13th Avenue and west of County Rd. 15. Applicant: Cletus Link Action: Preliminary and Final Plat Approval 18 . Sidewalk/Trail Plan 19 . Reviews: A. NBZ - CUP Review Continued 20 . Other Business A. B. C. 21. Adjourn Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie 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. AIN ."tit. CITY OteuriF SHAKOPEE INCORPORATED 1870 46 • . w 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 :-r: - April 29 , 1992 sk Dear Mayor Laurent and City Councilmembers: On behalf of the Shakopee Cable Commission and Public Access Corporation we would like to request a meeting with City Council at an upcoming Committee of the Whole to discuss the cable television and sound equipment needs in our new City Council Chambers. Several months ago the Cable Commission informed City Council of our interest in providing technical assistance to City Council in acquiring the necessary equipment to provide a quality broadcast. We are fortunate to have several members on the Commissions who have professional background in video equipment and broadcasting. We believe that can provide information to City Council that might otherwise be obtained from a consultant at a cost to the City. The Cable Commission believes that the move to the new City Hall facility provides us with an excellent opportunity to improve our Council/Planning Commission broadcasts. I am sure that Council is aware of the number of calls that we and staff have recieived in regard to the poor quality of our current system. The Cable Commission also believes that this would be an excellent time for City Council to exercise their right within the Cable Franchise Ordinance to activate a government access channel. This would provide Shakopee residents with a cable channel dedicated solely to government use. We are putting together a suggested equipment package that would allow Shakopee residents to receive information on round-the-clock basis over a dedicated government channel via a character generator and/or live programming. We are prepared to present our recommendations to equip the new City Council Chambers with a system that will certainly improve access to local government for our residents. We look forward to your response in regard to your interest in hearing a presentation from the Cable Commission regarding the video/sound system possibilities for the new City Council Chambers. Sincerely, Bill Anderson, Chair Shakopee Cable Commission jaee/0 mes Bastyr, Chai , Shakopee Public Access Corporation TAMI\CABLE.LTR The Heart Of Progress Valle AN EQUAL OPPORTUNITY EMPLOYER OFFICIAL PROCEEDINGS OF THE SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION APRIL 15, 1992 Members in attendance: Barry Stock, John Westlake, Jon Albinson, Randy Krueger, John Brietbach, Ken Anderson and John Heald. Others present: Bruce Stockman, MN Corn Growers Association; Mark Luhmann, Riverside Bank of Minneapolis. The eleventh meeting of the Scott County Economic Development Coalition was called to order at 8 : 00 a.m. on April 15, 1992 in the Prior Lake City Hall Community Room. I. Approve Minutes of March 25, 1992 SCEDC Meeting. Albinson/Brietbach moved to approve the minutes of March 25, 1992 meeting as kept. Motion approved unanimously. II. Treasurer' s Report Barry Stock noted that the checking account balance currently is $4 , 177 . 06. Mr. Stock stated that he had a bill that he would like to present to the Coalition for approval in the amount of $66 . 99 to the City of Shakopee for postage incurred in mailing the Bridging the Gap Brochure. Brietbach/Anderson moved to approve the bill in the amount of $66. 99 to the City of Shakopee for postage. Motion carried unanimously. III. Update on SBA Activity Mr. Stock noted that Kay Schmudlach included in the agenda a copy of the Twin Cities Metro Certified Development Company quarterly report. Mr. Stock noted that the report indicated that three loans have been processed in Scott County since January. Mr. Stock stated that the Coalition will be receiving 3/8 of 1% for the debenture amount of these loans. These dollars will be used to offset the $2 , 500. 00 membership obligation currently owed to Twin Cities Metro Certified Development Company. IV. Update on Other Development in Scott County Mr. Stock stated that residential development in Shakopee is strong this year but that very little is occurring in the industrial/ commercial area. Jon Heald reported that housing activity in Savage is strong. He stated that at this time they have processed approximately 125 housing permits since January 1, 1992 . Official Proceedings of the April 15, 1992 Scott County Economic Development Coalition Page -2- Mr. Stock noted that he is receiving more inquiries but that the majority of the prospects are small businesses who are looking to lease space. He noted that in Shakopee there is very little industrial space for lease in the 2, 000 square foot range. Mr. Stock stated that he has sent several prospects to Jordan and New Prague. Many of the prospects that he is encountering also want property that is in the .50 to .75 cent per square foot range. John Westlake reported that he is also receiving more inquires of late. He questioned whether or no the lower interest rate may have something to do with the increase in calls. Mr. Brietbach stated that generally the availability of money is not the problem. He stated that banks are generally taking a more conservative approach in qualifying their prospects. V. Marketing Sub-Committee - Community Profile Mr. Stock stated that at the present time we have 6 and 2/3 pages of advertising sold. U.S. Impressions has requested that we get 8 pages of committed advertising prior to beginning the project. Mr. Westlake stated that Cargill was not interested in doing an ad at this time but maybe interested in giving a one time gift at a later date. Mr. Westlake also stated that OPUS could be added to the list of other potential contacts. Mr. Albinson stated the Tsumura and Anchor Glass should also be added to the other potential list. Mr. Heald stated that Amcon may also be interested and should be added to the other potential list. Discussion ensued on other possible business contacts. Mr. Albinson stated that at the present time he has only committed to one page but he thought that he would likely do a two page ad spread. Mr. Stock stated that this would bring our total pages committed up to 7 and 2/3 pages. Mr. Albinson suggested that everyone contact Barry Stock with their final list of committed advertisers by next Thursday. Mr. Stock stated that he felt that this was an appropriate course of action to pursue. He went on to state that if we can have between 8 and 10 pages of committed advertising he would use this as leverage to get additional free copies of the final marketing profile and/or ad space for the Coalition and/or a discount for advertisers who have committed in advance. Discussion ensued on the possibility of developing our own marketing piece if we do not get enough committed advertisers. It was the consensus of the group that no one on the Coalition had the time or the expertise to put together a marketing piece. It was the consensus to have everyone report to Mr. Stock by the end of next week so he can contact U. S. Impressions with a final count on committed pages. Mr. Stock stated that he felt confident that U.S. Impressions would go ahead with the project since we are essentially at 8 pages at this time. Official Proceedings of the April 15, 1992 Scott County Economic Development Coalition Page -3- VI. Other Business Mr. Albinson stated that in his next addition of the Valley Green News he would be including a story on the Scott County Economic Development Coalition and the process available for SBA loan assistance. The next meeting will be held at 8 : 00 a.m. on May 20, 1992 . VII. Adjournment The meeting adjourned at 9 : 00 a.m. Barry Stock Recording Secretary X11 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: April 23 , 1992 RE: Vacation in May I am planning a one-week vacation in May which will have me out of town during the Council meeting of May 19 , 1992 . I have spoken with Dennis Kraft, City Administrator, regarding this, and he believes that we can probably proceed to hold a council meeting without an attorney this once. In order to do this with the least risk, please let me or Dennis know as soon as possible if you foresee any legal questions regarding that meeting or which might arise as a result of that meeting. Dave Kennedy of the Holmes & Graven law firm (337-9300) has been asked to cover any legal problems which may arise in my absence. If you have any legal matters which will not wait until I return, please contact Dennis Kraft and coordinate attorney calls through him. If you need to contact me during my absence, both Dennis and Bev Mitchell, Legal Secretary, will have my itinerary. If you have any questions regarding this, or any legal questions whatsoever, please call me. Signed Karen Mart , 1 torney KEM:bj m [26MEMO] cc: Dennis Kraft #12..1 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: St. Francis Hospital DATE: April 27, 1992 INFORMATIONAL ITEM FOR COUNCIL: Attached is a memo from the City's Comprehensive Sanitary Sewer consultant indicating that the VIP Interceptor has adequate capacity to accommodate the proposed sewer flows generated by the new St. Francis Hospital, even with full development in the existing sewer service area. At the time this was discussed at the City Council meeting, there was some concern by several Councilmembers on the issue and staff wanted to provide an update to the Council on this subject. A510 ENGINEERS I ARCHITECTS I PLANNERS 3535 VADNAIS CENTER DRIVE,57 PAUL,MINNESOTA 55110 612 490-2000 April 10, 1992 RE: Shakopee,Minnesota Comprehensive Sanitary Sewer Plan SEH File No: 92056 Mr. David E. Hutton, Public Works Director/City Engineer City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Dave: This letter is in response to your December 26, 1991, letter on the proposed St. Francis Hospital facility. We are currently doing some preliminary analysis of ultimate flows for the V.I.P District, and would like to address some of your questions regarding the proposed hospital and the V.I.P. trunk main. Hospital Flows The estimated flow generation rates used by Hammel Green and Abrahamson, Inc. (HGA) are 250 GPD per hospital bed plus 150 GPD per physician.These rates result in an overall rate of about 342 GPD per bed.Typical flow generation rates for hospital facilities range from 150-350 GPD per hospital bed.Therefore,the estimated rates given by HGA appear to be reasonable. U.I.P. Trunk Capacity Based on record drawings, the pipe capacity of the V.I.P. trunk sewer varies from about 8.5 cfs at CSAH No. 17 to about 13.6 cfs at the discharge to the Shakopee Interceptor.The only exception is one pipe reach near Austin Street where the capacity drops to 7.4 cfs. V.I.P. Trunk Ultimate Flows The 1979 feasibility report on the V.I.P. trunk sewer projected peak design flows (full development) of 4.8 cfs at CSAH No. 17, and 8.4 cfs at the discharge to the MWCC 7023 Interceptor (Shakopee Interceptor). Although there has been some limited land use and boundary changes since 1979, our preliminary analysis has resulted in similar ultimate flows for the V.I.P. trunk. The flows are based on year 2010 land uses given in the Comprehensive Plan, and the assumed SHORT ELLIOTT ST PAUL, C-'PPE. HENDRICKSON INC MINNESOTA I. S Mr. David E. Hutton April 10, 1992 Page 2 ultimate flow generation rates listed in Exhibit A. Our preliminary analysis indicates that the projected peak design flows at full development range from 3.1 cfs at CSAH No. 17 to 7.8 cfs at the discharge to the Shakopee Interceptor. Addition of Hospital to V.I.P. Trunk Adding the estimated year 2005 hospital flows into the V.I.P. trunk results in flows ranging from 3.4 cfs at CSAH No. 17 to 8.1 cfs at the discharge to the Shakopee Interceptor. Therefore,it appears that the V.I.P. trunk has capacity to accommodate the added flows from the hospital, assuming full development in the V.I.P. design area. Diversion from East District The Comprehensive Plan discusses the possibility of constructing a diversion from the East District to the V.I.P. District to reduce flow to MWCC Lift Station L-16. If the flow from this diversion were to be added to the V.I.P. trunk along with the hospital flow, the total peak flow would be about 9.5 cfs at the discharge to the Shakopee Interceptor. This is still less than the 13.6 cfs capacity at this location. Therefore, it appears that the V.I.P. trunk has capacity to accommodate the hospital and a possible diversion from the East District, assuming full development in the V.I.P. design area. If you have any questions or comments, please do not hesitate to call me at 490-2066. Sincerely, David F. Simons, P.E. DFS/cih Enclosure cc: Lindberg Ekola,City Planner Dan Boxrud, SEH • Ec. Q a N C) ca Cr C o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 r~ 0 0 0 0 0 0 CO C\ to L(') to Ln to co to to in to to M to RI e— r e— r-• e--_ e--. e-, e, e-, e-. e + e . S i C) C a) 0 O LL C cti N a 0 C13 CD C O c O = N > t CD o a Q •y c a) F- c ai > En _ 0 03) C N t a) 3 O •C �? Q C..) ,� X t2 O . N g g g p p p ►`�".. g Q ' W ELL E c R1 i 0 'C y O Q. E O U O a) as -c a .0 c)U) . �.� 70 7 Q sz C.) v cn Cn >, E �, '7,, I cu 3 •a , a) O sem.. p .`t es Q-. - ()) U E- 8 a, Q Q E 2 11) H u `�' u 0 J CA -6 'ftp R3 E v s"x.., aa) Z i.. 2 ,1 OT in x x U U ci) p, p. O a. U Q a 0 . N 0Q Q U p u cn :I", U U .-, cn P. P. O U < g p 4. 0- 13 BUSINESS UPDATE FROM CITY HALL Vol. 6 No. 5 Dear Chamber Member: May 1, 1992 City Clerk The Shakopee ERA is currently working on development options for the property North of On April 7th, City Council went on record First Avenue and South of the mini by-pass. Over the next month staff will be preparing a study of supporting the proposed redistricting plan for the pros and cons for rehabilitating, demolishing Commissioner Districts in Scott County, which plan places all of the City of Shakopee in the Third and/or facilitating a new development project on the property known as the City Hall block. Commissioner District. Possible funding options to be utilized are a critical Of the registered voters in the City of Shakopee, aspect of the study. Staff hopes to have a report 10.3% voted in the presidential primary on April ready for the HRA meeting on June 2, 1992. 7th. Park & Recreation Community Development Back on April 20th, over 3467area residents passed through the turnstiles at Canterbury Downs for On April 7, 1992 the Shakopee City Council the 18th Annual Shakopee Showcase. Despite the approved the Municipal Facility Subcommittee's rain that evening, it was a wonderful turnout as work plan. The plan identified a course of action 80 plus different organizations were able to which will utilize a professional survey research showcase what they had to offer to the firm to develop and administer a telephone survey community. Next year's Shakopee Showcase will of Shakopee residents. The purpose of the survey be held on Monday, April 19,1993. will be to determine community facility needs and respondents willingness to pay. Funding for the Work on replacing the municipal pool's liner and survey will be allocated from the Park Reserve filtration system started in early April. The pool Fund. Staff expects to have a research firm on is expected to be ready for use by the June 6th board by May 6, 1992. A committee of opening day. approximately 30 residents will be appointed to work with the research firm in developing the The City of Shakopee and the Shakopee Chamber survey questionnaire. Four hundred households of Commerce are cooperatively working with will be randomly selected to participate in the Matt Blair's Celebrity Promotion's in staging the telephone survey which will be conducted by the 2nd Annual Twin Cities Celebrity Softball Classic research firm. Staff expects the entire survey on Saturday, June 20th at Tahpah Park. This will process and report to be completed some time in not be your typical softball tournament. There July. will be many professional sports stars, TV and radio personalities and corporate executives Staff is in the process of filling summer seasonal participating in this special one day event. It will positions in the Recreation, Building and make for a great family event and at the same Engineering Departments. time give Shakopee State and National media exposure. Planning Industrial Districts. 2. Requested Staff to initiate the rezoning process for an area south of Vierling Drive, north of the T.H. 101 Bypass, and west of At their meetings on April 9, 1992, both the C.R. 16 from R-2 to R-3 due to the potential Shakopee Board of Adjustment and Appeals and impacts of the Bypass on development within this the Planning Commission held elections of officers residential area. 3. Recommended to the City for the 1992 year. New officers for the B.O.A.A. Council approval of the vacation of 4' of a 10' include Bill Mars (Chairperson), Bo Spurrier (Vice drainage and utility easement within Lot 1,Block Chairperson), and Nancy Christensen (2nd Vice 3 of Evergreen 1st Addition. Chairperson). New officers for the Planning Commission include Terry Joos (Chairperson), Bill The Planning Commission also approved three Mars (Vice Chairperson), and Bo Spurrier (2nd Conditional Use Permits at their April 9th Vice Chairperson). meeting. Minneapolis Northstar Auto Auction received approval to use 15% of their auction At their April 9th meeting, the Shakopee Planning building to hold up to 10 auctions open to the Commission recommended approval of the general public per year. The Commission concurrent preliminary and final plats for the unanimously approved the Conditional Use Beckrich Park Estates Planned Unit Development Permits for the Mini-Bypass (T.H. 169 Minnesota to the City Council. The plat contains 35 single River Crossing) and the Bloomington Ferry Bridge. family lots and 27 acres of open space. It will be These permits were required due to their located at the northeast corner of County Roads 78 construction within the floodplain. The public and 79, about a mile south of the proposed hearing for a Conditional Use Permit for Rahi Southerly Bypass. Malting Co.was continued to the May meeting of the Planning Commission to allow additional time The Planning Commission also recommended for issues relating to the wastewater treatment approval of three final plats. The Meadows 7th plant to be resolved at a regional level. Addition contains 47 lots and will be located south of 11th Avenue and east of County Road 79. Prairie Estates 2nd Addition contains 18 lots and will be located south of 11th Avenue and west of County Public Works Road 17.Minnesota Valley 7th Addition contains 27 lots and will be located east of the Shakopee Valley At it's April 7, 1992 City Council meeting, the Mall and north of 12th Avenue. Council ordered plans prepared for the The Commission continued the public hearings for reconstruction of Apgar St. between 6th Ave. and two preliminary plats due to the need for the City 1st Ave., including the construction of 2nd Ave. Council to resolve policy issues relating to the plats. (currently a gravel street) between Apgar St. and The preliminary plat for Maple Trails Estates Pierce St. The Council also requested that 2nd Ave. contains 31 lots and is proposed to be located east between Atwood St. and Apgar St. be investigated of County Road 17,across from the Timber Trails for possible inclusion in the project. Addition. An ordinance amendment regarding the length of cul-de-sacs must be approved before this City staff has met with the Shakopee Public Utilities Commission to discuss the downtown can be recommended for approval. application for concurrent preliminary and final alley reconstruction project. The feasibility report plat approval for South Parkview 2nd Addition for the alley pavement portion is nearing was tabled to allow the City Council time to completion, but the final determination on resolve a policy issue regarding the installation undergrounding the electrical lines has not been and maintenance of lift stations. decided. S.P.U.C. has decided to utilize their electrical consultant to determine the feasibility of On April 9th the Planning Commission also this undergrounding. recommended the following: I. City Council deny The Shakopee Cub Scouts will be planting flowers a proposed ordinance amendment which would downtown on Saturday, May 9th. This is an allow certain types of commercial uses in the annual event. MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: April 30, 1992 RE: Maintenance Assessment on Mielke Driveway ISSUE: You asked whether the City could impose a maintenance assessment on the users of or properties abutting the Mielke driveway. DISCUSSION: The City has the power to make local improvements and impose special assessments under Minn. Stat. Chapter 429 . Sec. 429 . 021, Subd. 1 provides in part as follows: "The council of a municipality shall have power to make the following improvements: (1) To acquire, open, and widen any street, and to improve the same by . . . maintaining . . . pavements, or by grading, graveling, oiling, or otherwise improving the same . . . " Therefore, the City may assess the cost of improving a road by graveling it. The City' s ability to assess for routine maintenance is somewhat more limited, however, since a property may be assessed only "based upon the benefits received. " Minn. Stat. Sec. 429 . 051. Generally speaking, this is the increase the property value due to the improvement. All the statutory procedures for assessment would have to be followed, including notice and public hearings. The City also has authority to impose services charges and specially assess them under Minn. Stat. Sec. 429 . 101. These do not, however, include the maintenance of gravel streets. In reviewing the statutes, I have been unable to find any other authority to specially assess or impose maintenance costs on a property owner for improvements to a road. If you have any further questions regarding this, please let me know. KEM:bjm Signed �✓�:f _ [30MEMO] Karen Marty, City Attorney cc: Dennis Kraft Dave Hutton MAY- 5-92 TUE 13 :22 JOE ZAK MINNESOTA 6124458828 P. 01 Shakopee City Council Shakopee, MN 55279 JOSEPH F. ZAK 5371 EAGLE CREEK BLVD SHAKOPEE, MN 55379 445-8828 May 5, 1992 'THE HOLE IN THE I-ZONE" The recent approval of the Brambilla proposal to relocate to the 1-2 (Heavy Industrial ) zone seems directed to something other than good planning. City Councils take great pains to avoid the "setting of precedent" . There have been 50 or more proposals (both good and bad) in the last few years that have been defeated because of the ever evil "precedent". This means that a good decision or a bad one will live on forever and must be awarded to all new applicants with the same enthusiasm. . A new or different level has been set. And so begins our tale. . . The Brambilla project is a retail project which has been approved to go into the 1-2 zone (Heavy Industrial ) as an exception . . .and setting a new precedent. If this was a Winnebago factory, building units from scratch, it would qualify in a heartbeat. Obviously, this is a pure retail outlet and is neither heavy nor an industry. With apologies to Jack, who has fought a tenacious battle and is not the bad guy here, the precedent set by the approval of his project could not have come at a worse time and will end up being a real problem to the city as the roads go in and questionable commercial enterprises test the new precedent. Zoning is designed to protect and preserve the area for designated uses. We cannot begin to name the multitude of possibilities that would be unpleasant and incorrect because of this decision. It is at best a very troubled and questionable decision that has been disapproved unanimously at least four (or more) separate times by the Planning Commission, the City of Shakopee and by the City Council in a nine month period. It is contrary to anyone's idea of good city planning and our own consultant driven. expensive new Comprehensive Plan. Worst of all , there has been NO compelling reason to reverse anyone's opinion in that regard. The least compelling reason is the validation of the promises made by ex-politicians to a citizen or themselves, whatever the reason. Some of the downside. .because of the decision to set new precedent: I . The promise has now been extended to EVERYONE with a commercial idea for the Heavy Industrial zone. 2. At least two of the larger industry/employers have expressed disapproval of the decision. The Heavy Industrial (I2) zoning is now compromised by a retail enterprise and the message sent is contradictory and unpleasant to I2 zone occupants. 3. The Planning Commission and City Administration/Planner can only go by the facts and precedent. Any other decision flies in the face of research and logic and can only be considered political . This is a wrong decision and is considered in most parts of the known universe as "spot zoning" . To me the test of this decision is the following: MAV 5 02 TUC JOC LAIC MINNESOTA G124450020 n. 02 a. Was the decision made in line with current thinking and historical precedent ? What sort of precedent has been set for future decisions ? b. Was there a valid threat of a SUCCESSFUL lawsuit by the applicant? c. Did this decision benefit the current occupants or strengthen the zone ? d. Did this aecision benefit the city or its citizens ? The decision to approve this proposal has no basis in good planning and has not changed in any way in 9 months after several separate public decisions against by numerous commissions and individuals. A coven of ex-politicians ( including myself) should not be the basis for any decision but this approval ignored the obvious facts and recommendations to set an incorrect and irreversible precedent. From now on, the argument for precedent CANNOT be used to protect the city (or avoid a decision) . Both disappointing and demoralizing to the present Planning Commission. By the way, who really won this one? Ire Zak TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA MAY 5, 1992 Mayor Gary Laurent presiding 1] Roll Call at 7: 00 P.M. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor' s Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 9] Approval of the Minutes of April 21, 1992 10] Communications: *a] Melanie Kahleck, resignation from Planning Commission 11] Public Hearing at 7: 30 P.M. on the proposed assessments for public improvements to: 5th Avenue from Spencer to Market; Market St. from 4th to 7th; Main St. from 5th to 6th; Project 1989-4 (Res. 3582) - BRING FEASIBILITY REPORT - 12] Boards and Commissions: Planning Commission: a] Rezoning of Parts of Minnesota Valley 7th Addition (Ord. No. 331) - tabled 4/21 (bring 4/21 agenda item 11f) Park and Recreation Advisory Board: *b] Walk-a-thon at Memorial Park *c] Renaming of Two Parks *d] Girl Scouts Request to Use Community Youth Building for An Overnight *e] Municipal Facility Survey Consultant Selection TENTATIVE AGENDA May 5, 1992 Page -2- 13] Reports from Staff: a] Hiring A Police Officer b] Vacant Police Sergeancy - tabled 4/7 c] East Shakopee Transportation Study d] Front End Loader *e] Declaration of Surplus Property *f] Approval of Bills in Amount of $98, 649.95 g] Bridge & Mini Bypass Agreement With MnDOT for Design Cost Overruns *h] Noise Variance/Working Hours for Hwy 101 Overlay i] Traffic Signal at 10th Avenue and CR-17 j ] Purchase of Pickup for Engineering Department 14] Resolutions and Ordinances: *a] Res. No. 3579 - Setting A Hearing on Vacation of Drainage Easement in Lot 8, Block 1, Hillwood Estates *b] Res. No. 3583 - Authorizing Ad For Bids For Vierling Drive From CR-17 to CR-79, Project 1992-3 *c] Res. No. 3581 - Approving Preliminary Layout (2A) For Bypass Between TH-41 and CSAH-15 d] Res. No. 3585 - Accepting Report & Setting Hearing On Public Improvements to Apgar Street, Project 1992-6 *e] Res. No. 3587 - A Resolution of Appreciation to Eugene Allen *f] Res. No. 3588 - A Resolution of Appreciation to Lill Abeln *g] Res. No. 3589 - A Resolution of Appreciation to Jane Dubois 15] Other Business: a] b] 16] Recess for an Executive Session to discuss litigation - a memo will be delivered on Monday 17] Re-convene 18] Adjourn to Tuesday, May 21, at 8: 00 P.M. , after the polls close for the School Board election Dennis R. Kraft City Administrator FUTURE MEETINGS: May 11, 1992 , 7: 00 P.M. Committee of the Whole May 12 , 1992, 7: 00 P.M. Board of Review May 19, 1992, 8: 00 P.M. City Council May 26, 1992, 7: 00 P.M. Committee of the Whole unless the Board of Review needs to meet again TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting May 5, 1992 1. Roll Call at 7 : 00 P.M. 2 . Approval of the April 7, 1992 Meeting Minutes 3 . Canterbury Tax Abatement 4 . Other Business a) b) 5 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY Regular Session Shakopee, Minnesota April 7, 1992 Chrmn. Sweeney called the meeting to order at 8:05 p.m. , with Comm. Vierling, Laurent, Beard, and Lynch present. Also present: City Admn. , Dennis Kraft; Ass't City Admn. , Barry Stock; City Attorney, Karen Marty; Public Works Director, Dave Hutton; and City Planner, Lindberg Ekola. Lynch/Vierling moved to approve the meeting minutes of March 17, 1992 . Motion carried unanimously. No other business came before the Housing and Redevelopment Authority. Beard/Lynch moved to adjourn. Motion carried unanimously. Meeting adjourned at 8:07 p.m. Dennis R. Kraft Executive Director Jane VanMaldeghem Recording Secretary 3 MEMO TO: The Honorable Chair and Commissioners FROM: Dennis R. Kraft, Executive Director RE: Amended Canterbury Downs Assessment Agreement DATE: May 1, 1992 INTRODUCTION: The City Council has directed staff to explore options for amending the assessment agreement for Canterbury Downs with the intent of reducing their annual real estate tax bill. BACKGROUND: At the Committee of the Whole meeting of March 31, 1992 a majority of the City Council indicated that they had a serious interest in evaluating several scenarios which would result in a reduction of property taxes for Canterbury Downs. The City Council then directed the staff to evaluate various alternatives and report back to the City Council. Staff subsequently met with representatives of Canterbury Downs and identified several possible courses of action. Canterbury Downs officials agreed to reimburse the City for the legal and financial expenses incurred in analyzing these alternatives. On April 27th the staff met with the City' s financial advisor and a representative from Canterbury Downs and outlined various alternatives to be evaluated. The alternatives included the following: Option #1 Continue with the current assessment agreement in place (in other words no change in the minimum value of the property) . Option #2 Amend the assessment agreement in such a manner as to reduce the annual property taxes to $1, 500, 000 per year. Option #3 Evaluate the financial impact of the track closing with payment of property taxes from 1992 through 1994 . Option #4 A 25% reduction in property taxes (an annual property tax payment of between $1. 9 million and $2 . 0 million) . As a part of the discussions with Canterbury Downs the following agreements were tentatively reached: 1) Canterbury Downs will provide a form of financial security guaranteeing property tax payments through pay 1994 on District No. 4 and through pay 1995 on racetrack property District 1. The current assessment agreement would require property taxes to be paid only through 1994, so this represents an agreement by Canterbury to provide the City with one additional year of financial guarantee for property tax payments in District 1 as specified by an amended assessment agreement. 2) Independent School District 720 will experience no reduction in property taxes projected to be received as a result of the excess levy referendum which is currently in place through 1994 as contained in the current assessment agreement. 3) Canterbury Downs will reimburse the City for all legal and financial costs incurred as a result of the financial and legal analyzes associated with this evaluation. TIF District 4 Bond Defeasance The City's bond counsel has ruled that any change made to the assessment agreement will require that the City defease (pay-off) the remaining balance for the bonds issued for TIF District No. 4. The TIF trust fund currently has a balance of $5,259, 000 which is sufficient to defease the District No. 4 bonds. The amount required to defease the District No. 4 bonds is $2, 060, 000. The City' s financial consultant will be present at the HRA meeting to respond to questions. (Termination of TIF District No. 4) Even though the assessment agreement might be amended, it is desirable that TIF District No. 4 remain in place so that the City can receive increment from that district to pay off other pooled bond obligations plus other potential projects. CONCLUSION: Under all of the scenarios except option #3 (the racetrack closes and pays no more property tax) it is projected that there will be sufficient funds to service the outstanding debt on all tax increment bonds issued by the City at this time. Additional backup documentation will be provided at the HRA meeting. CANTERBURY DOWNS OBJECTIVES It is Canterbury Down's objective to effectuate a permanent reduction in property taxes through 1995 in order to help their cash flow position. It would not be in Canterbury Down's best interest to go with an inflated estimated market value beyond 1995. If a new assessment agreement is negotiated the new value of Canterbury Downs will determine the taxes paid in years 1992 - 1995 in District 1 and for years 1992 - 1994 for District 4 . If no changes are made, according to the current agreement, Canterbury Downs would be free to seek market value for their property as of taxes payable in 1995. TAXES PAID BY CANTERBURY DOWNS The original bond issue for TIF District No. 4 was in the amount of $4 .2 million. Through 1991 Canterbury Downs has paid approximately $12 million in property taxes. Under option #2 (whereby Canterbury Downs would pay $1.5 million per year through 1994-95) the total taxes paid for the life of TIF District No. 4 would be approximately $17. 3 million or approximately four times the amount of bonds issued for TIF District No. 4. ACTION REQUESTED: Once the HRA decides which option to pursue, the staff should be directed to meet with our financial and legal advisors and with representatives of Canterbury Downs to finalize the process to be used to implement the HRA decision. S P R I N G ST E D 222 South Ninth Street 25 PUBLIC FINANCE ADVISORS Suite 55 Minneapolis, MN 55402-3368 (612) 333-9177 Fax: (612) 333-2363 Home Office 85 East Seventh Place 16655 West Bluemound Road Suite 100 Suite 290 Saint Paul, MN 55101-2143 Brookfield, WI 53005-5935 (612) 223-3000 (414) 782-8222 Fax: (612) 223-3002 Fax: (414) 782-2904 6800 College Boulevard Suite 600 Overland Park, KS 66211-1533 (913) 345-8062 Fax: (913) 345-1770 1800K Street NW Suite 831 Washington, DC 20006-2200 May 4, 1992 (202) 466-3344 Fax: (202) 223-1362 Mr. Dennis Kraft, Administrator Shakopee City Hall 129 East 1st Avenue Shakopee, MN 55379 Re: Canterbury Downs Tax Increment Financing District Evaluation of Assessment Agreement Dear Mr. Kraft: We have been requested to analyze the financial feasibility of a reduction in the Assessment Agreement for the Canterbury Downs Racetrack. The current Assessment Agreement has two parts; the first regarding evaluation of the grandstand facility which is located within TIF District No. 4, and the second regarding evaluation of the backstretch area which is located within TIF District No. 1. We have been asked to base our analysis on a reduction from the current amount to an amount such that the annual property tax payments would be $1,500,000 plus a payment to the school district for reimbursement regarding its referendum. At the outset, it should be noted that this question involves a number of both tax increment revenue items as well as City bond issues. Over the last eight years the City has combined the incomes of its TIF District No. 1 (Kmart) and TIF District No. 4 (Canterbury Downs) in order to fund debt service on a number of projects both related to these two facilities and for other projects within the City. It should be noted that these other projects within the City are also within the City's TIF Redevelopment District and are eligible expenses under the Tax Increment Financing Statute. It is essential to the question of reduction of the Assessment Agreement to look at the overall impact on the combined revenue stream and all outstanding debt obligations. At present there are seven bond issues relating to these two Financing Districts, the annual debt payments of which are indicated on page 2 of each of the enclosed options. We have prepared four options to estimate the impact of this request. Option 1 is the current situation with no reduction in the current Assessment Agreement. Option 2 provides for the reduction in the Assessment Agreement to request the amount of $1,500,000 of annual property taxes plus the school district reimbursement. Option 3 illustrates the situation whereby the track closes immediately and does not pay property taxes at all for the remainder of the term. Option 4, provides a reduction to 75% of the current Assessment Agreement. These projections are based on a number of key assumptions and parameters. The first assumption is that the cash balance as of December 31, 1991 after reduction of 1992 debt City of Shakopee, Minnesota May 4, 1992 Page 2 service payments is $5,259,000. The second assumption assumes that the property taxes to be collected in 1992, and therefore the current tax system and rates, remain at those levels for each of the properties over the remainder of the term of the Districts. The Kmart District (TIF No. 1) extends through taxes collected in 2005. The third assumption is that no delinquent payment of taxes occurs, other than the options explored for the racetrack. The fourth assumption is that no investment earnings on cash balances are included. Each of the options is comprised of three pages. The first page is an estimate of the annual net increment income from each of the properties for the years during which the Districts remain in existence. Page 2 is the actual annual debt service payments for outstanding City bond issues. Page 3 is a summary of the comparison of net tax increment revenues with total debt service to yield both an annual TIF balance as well as a cumulative TIF balance. The primary decision point is the ability to maintain a positive cash position in the cumulative TIF balance column (Column 4). Bond Counsel has stated that if the Assessment Agreement is modified, one of the procedural steps required will be to defease the revenue bonds issued for Canterbury Downs in 1985. This defeasance would have to occur at the time the Assessment Agreement was reduced. Therefore, for Option 2 and Option 4 we have eliminated the debt service payments for the 1985 Canterbury Downs bcnd issue on page 2 as well as reduced beginning cash position by the approximate $2,136.000 required to complete the defeasance. The conclusion of this analysis is that the cash position remains positive for Options 1, 2 and 4. For Option 3, with the closure of the track and no payments of property taxes, negative annual cash balances are generated in the first six years which reduces the cumulative cash balance to a maximum negative amount of $35.694 (see page 3 of Option 3). We would recommend that although a positive cash position is estimated with the reduced Assessment Agreement, that the City maintain a suitable level of available cash in its cumulative cash balance in the event that changes in the property tax law or delinquencies in the collection of property taxes occur which would lead to reductions in these estimates. We would be glad to respond to any questions you have regarding this analysis. We anticipate being at the City Council meeting to discuss both the methodology as well as the estimates contained in this analysis. Respectfully, David N. MacGillivray Senior Vice President sms /Saint Paul Office Enclosures N 41 � Q) () X T7 CTCT7 On On O) UOO) OO) 0) M ZFN (DCD (D00000000 N o C7 C7) C7) C7) 0 C7) Q) C7) C7) C7) C7) C7) ca O ,� 2 Tr U) U) U) U) U) U) U) U) N a) 2 Q- o () to U)_ U) CO CO CO CO CO CO_ LCC)) >`' 0 T C c'7 0 M . . . . . T T T ll I 0 — T C \V C O — ((f N 11.1 CL Cn 0 0 0 N N N C NS N N M N N C7 c� C F-- I O N O C7) C7) d q d N O O w � T U � < U) U) U) co- (Dco- (Dto- (D (Dco- CA C E Z C la� ¢ co CO co C coNr\ r` NNN- NN — •- w as d Q N cc 'Q N 0 a) a_ cn0 Q NT o (4) � � � � � WW o 2_ 1- E (ri US US US Li"- Loin- U) U) Lo cn pp O CO CD CO CO OD COCY) C7OD OD OD000 d .4C) U CO CO Co OO 000000 O) CO C cococ7NNCVNNNNN r CVT N E >. al V � 2 (D 000 ? ms Q9+ C C (D CO CO (U ^ -,= O n > co C Cr) T cu > a) ENZ � o el--a 62 N H LT t C UcY) - z3 � Oas A crs m E • x Ts 4' T u) O o 0 N C V C NV C NV N C CV N p CV (D 2 O NN O (4 O H NZ NNN4d �t �t � �t4d ti > U) Q 0) C7) O CO CO CO CO CO CO C7 CO CQ - 2 cts ZI- 0 MMC' OOOOOOOO vv C T O v) NNN NN NNN NNN C7 (S > CQ —w N T N L T 0. C 1-+ ._ z _le O o E _c a) co (D (D CD Co (D CD CD CO CO N C) X U F.. PI z3 5 M C7 C7 c7 c7 M C7 c7 c7 C7 c7 (7) Q (u as C a I— C cv) O M co CO CO C7 CO C7 C) CO CD Q- O O T Cr) O 'r O x as O O aZ o 0� N CC) COD) CD 7O) CO COD CCAo A (0D ((70 ) C7O CO) A .. --3 0 C .i — N. r` N N N N N N. N N N (D (CS w O •- I)• -e c7 co- C7 co M C7 co- c'7 Co C7 C7 r- o to O .II Q r cu Co Co co Co CO 0 Co Co CO Co Co 0 -- > r 5 N o 3 • U L U Y YCUN �) � � OSSS000 N � O00) • 3 0 c) C) C) f` (` t` N N N N N N C 2 U (V Q CU NNN MN NIS N N N NM N CD f (5 C 0 T T T (y OD OD CD CO OD on OD O_ ED. LT as Er T T T O 05 N T U u) i O y Q L O +�+ C 4 C7) C7) C7) C7) O (7) C7) 0 CA C7) Cn O .•• o , 3 cC rr` r- r` r- r` � r` � N. N. tTD >,_c o w y ♦+ co co CO CO CO CO CO CO CO CO CO m o o •y O t` r` r` r` Nr` r` r r` r` r` — >' ,- C• � > Y o) a) CD a) `ion ~ •c LL_ 0 V 0 '1 ›,,N„ O C T f- ° UTl- a) d M- L T 0 CD NC7d- U) (D N. COC7) OTN N OL Ot 0. vs C rnrn (7) rnrnrn00) 0g UI-• +- s_ Y3 CC (t ca 0Q) (7) Cna) C7) U) Q) 00 1., NNN I- �Q (b 4, U L O , , , Cf) C rU '� TNC) ' L() CDr` CO0) 0T o d LU C77C > _ 2 > C7) C7) Q) a) a) Q) Cfla) 0NN 0 O UY z N '0 1 ti L c6 Q46 O a) 1 Ov N alT 0 � 0) 5, Wd c a) I— 1 +� O (o to � ti co O O in Lo O O CD N Y -p (nr /� � � UCO in in0c'') OtnONOOIn cts U 92 as Z C 1- 8 O O pco QQ .4- co cpo Q) m co O C� O 2 co a) c Q Q 2 N cD d d f�in Lo 1.0 d N Q_ (n Q N N N r r r T ,- co Ln i Q � a) ^ COLOOLL inUn000O cr) .Ni ( i to O Ln r CO CO co� cj O i -p N CO_ N CO Ln r r (� (D 0) r t� C°", la L 0) W r ,- dCO M r N T CO i Cr 4-- Ll r m C7 g CO Tt V• Nr v• V- Tt CO — a)) V f^_` a) a) rrr pp pp E Y co mu) ddri � MMNO O T._ r c� - cd 1� r N co r CA N`_ iZ a) >' CO N N N N N N N N r Q al SCD i cp (n r O -0 O .Q cc < I a) to0O 10 O cc O .� C1 N cf) O Q O 0 0 co d N Cr) - N CL '/� (n coCco- N N e �o D CDn VJ Co T- 'W W cn W L "O a) U �-- c0 Ln Ln Ln Ln Ln Ln Ln Ln CD c� .- mc2S CZ' CO NN CD d � � � N CZ cDNr (DNCOCDLnLnN (0 r W a) 0) L. ` rrCJDOOOONO 'ted (n i t O Ln O i 0 0 0 CA 0 i Ln N E F- ' Cn a_ r N r N N N T' N r N p) O m U Q � w o a? ? • QY O1� CO C00000 c6 r to N N Ln O N C J coES � CO C J N � up 0 r 0) . in I j ,- cc) co LOn Lin LOn = •.- N N N N N N � �O Q r0 i .-. (1) -0 L In CJN NN LO Nc co O -0 Z O Ln Cr) i •' c r -. c cjirjcD 4 'O "ir 3 O d' N c O N. n N N u) 0 Tr U � c82 off O1^ CD N CO N (0 N a) 2 as r ,-- CO c C 45 L13- r O N Lf) y O Q V C Y � 4 i i Ni i (73 0 N a) �ro T Cnw To) 0 CC C a 0 V 0_ cD ALL >5 jN i ca - Y` T^, ScrjN O = 03 03 0) C7) Cc) O ' 0) 0) C) O) -1C 4,4 CL N N CO L I fA4, .t a) O ifi 00 C r O i N N N C CO 0) Qr W >, m2 j CA iiiiCnia) a) F- .r . 1 3 z UUY N 'B O) a) O Cr) 2 ,..°-o O c^` T W O Cc 0 W CL I co z a_CL "ZS'2 a- Q- U Cl- cn 0 O LL O 1- O CO O CO to N N N r-- "? . H C O O 4 0 0 4 (D O (D - W cd Cnco- f� f--7. NNco- NNTr- 4a) 0 Tics U) C) 'Lt' U) (A �t C) C) C) C) (D 00 E CO N in it C) I-- T t() (D f� CO N cD 0 tn (Df- OOCOO) OOTN4LO- C)) U a) T T 1'5 o) Q co LL O CO CO (D (D CO N N O LU L O O N O 0 1- C N U CO CO Tr N CO ((D '� 0 CO 05 Ca) O) O .4Oco' Oa) NO) (n O ,- f 5 N. O O a) O O O a) 0 N N C� a. Ca NOOC) C) C) OOr � Tr v a) •� T T T T T O 0 T A♦ Lii C W )E cts o_ ... O N C) 1.0 U) I� 0 CO O (n O O (DN L U_ U) La O O U) a) N1--O (n r a) Cr r� CO T N (n CO (D CO C) Q u Z O O OD CO a) O cD O C) 0 N N CO (D (D U) N CO Cr) N N N T T T U) _ '^ T T V/ u) CS) 17 T C c v-_ O rfl ^L W WD c x +- v TT - 00000000 co N co C coC) coC) U) U) (n La (n (n (n N F- a) (D (D (DOOOOOOOO ajcO UCL Mr O 2 Tr LaLaLoInlLaLa La N C E CO °� Z 0 to i(yn� �U/')�_ 00 CO CO co_ co co co COU) E ,- a) '- C C) l'/ l"/ T T r T T r T T L.6 O ° N p cd O) co 0 .N. N UV OL T N 0 CLL w, CL 0-CD N M - 7 ;= E >. 1-ii- I. NC) � (n (D NCO OO TC N c c� dr0a ors ors a) p) 0) 0) rnaOOO LL LL LL a 0 7 00) 000n OOOOO N V, 03 r_c 0 U Q ) N 4- O TN CO U) (D r.... 00 O O O C AY U a) 000O000) 0) 00 C,) O) OOOO a) OOOO N O d2 a UUY N 1 +' XX 4E. ° MMM00000000 C) O cO (D CD (O M to to LO In to L() CO O +-• ZH O C0 C00000000000 0) M a) Q) CT) CnCnCf) ch- CT) a) a) O) r its cts 2-''50 1- � � � � cocococcococLO o co >+ - - - - - - - O ,-- c N- N N T T T r r r r r N U a) T O C Cnct$ N 0a o ai �Co 0M0NNNNNNNN r 0 g. I— I O E Cn 'nCn � dM' � N qq O O a) CIN U � � � � � (OCOcO (Oco- co- ca. co- (D C E a) z Q co Cr) ) N- r` N. N- N. N- r` N. r Rf t� Z O N E NNNc\iNN �CI a_ Q 3cc 0a) a. cn 0 Ts _ Cp �p .N T H '� In to lA to in to to CO O - T r r co co co co co co co co N in r Ut` r- r- 00000000 CN = NNNNNNNNNNN 1 a) T N E ,- >, >, as t; (r) cc) 000 0 Q >. U � C `' 000 0 ^, • p 3 MMM CT) cn c QZ P � moc M o a) LIJ U i • E CO cc) co 0 CO Z as 0 a W r U ccQ a3 • C n t -- v CNp N �Np N N N N N N N N N j O d O O d4 d4 � 4 � CO a) C U u) E NZ (ri in- Lu) � L) L � LkOLU o LL > D N 0 a co co co co MM co co co co co 0) -Q 2 p gi U 00000000000 co C >, o Cr• 0 C N N CV N N NNN NNN N (6 > 0 C Q 4E, r I C a) a`� � TrTtTrTtTrTtTrvTrTrTr ai 6280 N E O CD CD CO (O CD CD (D (D CD N. ' 2 O �. L ' 1-- A ._ 6 co- MM (� (oC7CicocoMM Cn Q O Q ' C MMMMMc") MMMMM (D O M N N N x r O 10 O cC O ,- cC U 10) Q I- Z O CM O) 0) a) a) C)) Cn0) 0) 0) 0) a) O) 0).. u) 0 U C CO CO CO M M Cb CO C10 MCO CO N- C U " a) .-. N N. N-- N. N N. N N. r` N- r` CD (6 -,`z 1.7 ` i 7 o M M co- co- M co- M M co- M M O Q > -0 Q .OCO co CO W co CO CO a0 co COM N ca al N .a) O u) 3 0 t Y (nYN 00000000000 0 p � a) ca Y L C U `-- 00000000000 0 co _ It _ > cri r` f` r` N N- t` r` r N- r` N- N- c U O + 00000000000 R O ..• 0 U N N N N N N N N N N N N 0 ,_ 06 C RS (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 0 Q) I x' a) as Er Cn 0 .N * _c U N 2 o U C "tT a) a) a) CA a) CA N. C) N- a) a) CA o •C ; as r- h- N- N- r` r` r` r- r- r- r- co >...E o a y +. cococoMMCocochMMC) r a) .N O r` R. r` r r- r- r` r- r- r- r T >' o Cpp I C A Y C) C) NCJ) a) C) a) a) Cf) a) Cr n' u) TrI' • I— CO ) 0) ) C) 0) O LL Lc v 0) — T.... 0 U • a) O N( COt O � 0. (t) C 0) ) 0) 0) 0) Cr) 0) 0) 00 Y O iii c� C)) 0) Cr) 0Cr) 0) 0) 0) 000 1.--O 0(13 � a -- cum U r cA ad ccs � - - � - - - - - - - - .ci) r `.- C 0 rNMTrIn (Or- CD0) 0r O a) W C ).,, ` 2 a)) 0) a)) a) a) a) 0) 0) 0) 00 0 0t. 0Y 3 z A -0 mJ 002 2 o I § N >' o- K a) Ea- Tfo 5. = 6 ® � @ ^ co c• 7 � .> a 3 3 / 2 g & I o £ a q « o £ c _ vi a ® o L ' co 9 N 10 N. co co m m o d 2 E ¥ a) w # m + c m 7 « 7 o ° ƒ/ Lc) co c0 Nic Ncr Tr % / % ? •9 / E 3O , R — $ < @ co m 0 m £ m o 0 0 „_co , 7 E 7 n n R ¥ « # - R « o m m g N LO m co - d c f « / '= O (6 'r'. — + q — _ CTT Cr; 2 0 @ 7 Tr 9 CO g ? ? ? CV Tr co (0 0 E 0 / C) $ E c S co : co ? 9 f \ / R R 9 0 0 - m d - C o co -- a) ? � a % / Cr) _ >, m r « m £ # k d - - 5 , 7ggqqRqq � ala) o _ § 2 = E � @ � 1-- cc < CD :-1--. 10 0 0 % — $ 2 o 5 ƒ N La C N % @ ° q = 2 7 3 k _0 o 0 3 3 ƒ � : 2 a0 a x@13 337^ comm103nm3r m 5 U3 CU t (01?) E 2 # I q q « # # # # ® § 2 � � m � � � � � q � _ � J Lu \ ° a- ƒ 0 0, 0 0 0 a)ai o $ / 7 E 2 i U - 7.- / ±0 « w — f D^ = @ 0 0 0 0 # @ ? q � ) 2 N o CO ƒD E '- I \ - 3 co $ co co & co 77 & qqqNN - Cr) & a) 0 -c / £ ��� 000mem f R C -0 § $ c CC n � k 0 # 0 U oc � 05 # t 2^ 1 N- ¥ @ � « E a aN @ K Eh. o N. q co 2 2 0 2 i S in- Ili 07i co 7 % % $ % k ) � � c >� U Cc s V a_ C I (0 @ �_ = 27co a = m @ k >, g q 7 \ \ 0) % $ 0 ° £ 22e d « oa777 « o % % 0 � Qew CIS 2 % ± % cp - T. q CO 7 \ \ 0) % R LU >. 2 > 7 « » 7a) « m ¢ $ 0 q 0 � 0Y 3 z N -0 Q) +Q) I CS ccs ..- 1 O c T CY'` 0 - O 0IS W LL_ ,,I-^ Vl 22 °r N cri as Z CO0 CZ O_ Y O O O_ am TS' O_ cn O a) a) LL O d O (�yo� CO C'^�) \ T T in(0 COOO LC) OCO o n a) U `�O co co T 1 1_ V/ p O ~ c o O CO f` CO N f` 0) N 0) . T > co in 0 (DTNNTTC') CO0) O (0 N Ca f` to co c7 co co Co (D co CC E CO T O co N (D O 1- In co (-- T (o 0C7 � � toin- (D (Dr� Cn0) TN CO U T T 0) T YO� a) a) al cn (13 Ts LI_ a) CO (O C7 LC) MNN0 LO LI) 0O O a) C F-- C CO LOO (D CO N CO_C CO 't LC) LO N 0T CD "0 C CZ td NN �OD0)) a)) a)) 0O) a)) ONN O L Q CO N «) (o co co Co 0 O T Nt NI- T T T T r 0) -0 co W E as si O N0;) O co co CO O (o (O O O 0) N CC CC �-cl U — NCOr- COO (O0) NQ) O (r) co 0) CO N N. Tt N (n 1` 1` CO (D co co 0) (C8 O ra) a) tQOO � tOULANCC) I N l co- g �o (nmao � � � r` r` r` 'r � co T T T T T T N Cn T 0)T 0) T ryTry�� ^L W 12 - x Cc' CO) c+) Cr) OO 000000 0) E (0 co (D ((O in (O (O (O (O in in (O CO O t O 0 I- CO CU 00000000 CD O• Cn U O 0) O 0) 0) 0) ) 0) 0) O co *- C Ca *5 Z r. r� r� (O (o (n (O (n (O (O (n T c U � � � co_ OOO CCOOOCD c7 E O T N 0. N T T T T T T T T CV N 0 U N N O U 4- 0 C U O '- T N C0j c � � . am � � in I. EE 73 N CO e' (o (D N. CO 0) O T N 0 0 C d 0 G) 0) 0 )0) 0) Q) 0) 0) 0) 000 LL LL LL O• 7 c >, 0) 0) 0) 0) 0) 0) Cr) 0) ONN U � � L !A ed a) N 4- = O T N co LO (0 N CO 0) ® T- .1.. .«- C 0 0) 0) 0) 0 0) 0) 0) 0) 0) 0 iii >, 0 T Q) 00) 0) 0) m 0) O Q) N N +) Z U UY z 4-c- � 44444444444 N I 0 0i00i000000rn0 v cs as ao 2 o000000O000 0 a) � _^`` 0 T C T T T T T T T T T T T N W T O T LA 0 (11N '' C) CL Qm In Ln La Lc) aLaLa �nLaLaLa u) as W I O — 00000000000 i— O (22 -- N N N N N N_ N N N_ N_N N_ 0 0 ) NI- 0 (h U 13 to In Lo La to Ln In to In Ln Ln CO C E OZ c u) aQ 00000000000 (n .N ( Qry 0 "ate v S � 2 d Q 3 cQ N O a_ ct) 0 T C N N N N N N N N N N N N C") — >1 c4 CO CO CO O CO OO aD CO ap CO (n O (� (� 0 F-- a) N t` N N N N. N N N N N (O ,.- Q O V Tt �' d '� v co 00 -'- 0 0 NNNNN NNNNNN CO -^`` a) C T T T —. r T r T — T T C W T — Tas U CD ccD 000 0 0_ >n .`- O � 3 cd > � NZ � O _� CD LL1 0 a? 0 0 i D d cO z g 0 0 C F— T — � O z3 CCZas n +' T Ln N N N N N N N N N N NCV , 7 W CO CO CO CO OD CO OO CO COOCO 0 _c2C W m O O .V: O N N N N N r-_ t*-- N N 1 (C) a) > U E I- (nZ d � � 1- 4Tr � � � � � N 0 0 (O -0 tt O O 0 N N N N N N N N N N N CO C W/ /1 Y ♦ T T T T T T T T T T T Ce as 5 e7 LL V T cu Cr) � V C Z W c., 0 co cn c'/ co \"l (6 co- c/ C'/ 6 C) < /�1 1>L O- 0 co C (heo (ococacoelcf) (") c'•) (c) m CO m HCC g r id O U m- O d O co O H Z ti a., c ch O Q) O CAO O O Oa) O a) O cm"' 0 . C co co OD CO OD O CO OO OD CO CO N U t, - N N N N N. N N N N N N CO RS 'c O r COMM MMMMco- co- co- co- T O N 0 Q O (ncocococococoCDeOCO No 4- -(5 > -0 Nm O 3 • U "0 L U (AYN 00000000000 O 70- u)a) Es Y _ co as O CO '•' 0 0 c c>3 W (a cc 03 "m " -C U 1- -C O »� c -tv o00000000) 0) O O a) •4- -t 1.- • '�, (6 N N N N N N N N N N N (O >,.t O ai t/) TA 3 co co co co co MCO co co co co •,— N o c m O `I N N N N N N N N N N N >` \ � p0 000000000) 00 r � _(nI' 1" C � ` Y 0000) 0000000 O I >.CO rts V 6- �' = CI O F- U ►— 0 d "- - wT O CIO 0) CO •ct In0) 0) 0) 7) C) 0) 88 N or s 0 m c c� >. rnrnrnrnrnrnrn U ►— ° � Yca f°— .-.--- Cl) 0 � r0 ( i I C } 0.15 TNco '� IC CO Ncoa) QT (1) '4.•O d 00) 000) 0) 0) 0) 0) 00 W >, rr2 > OOOOOOOOON0 0 UUY -� Z N -0 ' a) a) I ys a co as o 2 2-13 o N as O C T 0 as a) Wd 0) T I- C / 0 � UN tCotoOcN- CO �D O NaOON 5 > a0 (V) '? 3 asZC }- 0dcOTdNt( ` � Co (DCodo 0 OQ a) O a) d CO CO 0) a) (D C) C`) O - Q w N. co CQ (Q (D U) U) U) N co a) C N Q N (0CDvvdN- t- N- 0 • a) 0_ Cn Q N N N T T T U1 N L-- ,- T TN a) Q tor) CO (LU O 0 U1 (.f)) U) OO 0 0co ._Y co " -0 � \'J co I'J (0 V T 1_ (D CO') T (1 co V f� �IN�� CO N CD to T T co /W� �./� a) O W T co- d T N T CD V I C') O �� �' UJm TM c' C� C7C'7C`? NNC') d p (ts co d d d d d d v a- 't CO N O > rr ^C a) a) T E C oo >' (r) '� 00 U) U) 00000 O T•- co C (A u--E-) d - a) N- Co co a) O T (C -0 OD 2 (v r\ T dN (- COT0) d r` 0_ cu a) o_ t` (D co- co- U) a) a0 (n co- d 03 cti T O m a) N N N N N N N N *- C1 a) 0 Co T C _0 W Q W O 0 COa) as N. Tr ON M �' 3 U CO N D C+/-5 `. Co CONN Ch ncts c /D/� co d .1- (f) N /y� Vl cp T W W W 15 U O4� azs -oo Cil ._ 5 +. Cep C CO N co trs in N CO d d co Lo Lo Lo Lo Lo c6 ,. C CE C CO Elk- CD (D N CO (D U) U) N 00 L cQ Cos a) a) ` T - Ta) - aDOOON0) d .. � N Oa '- . U)0Oa) 000MOa) U) co " (I) T N T N N NTN *- O o T 0 ¢ CD N < a)^ (0000CD00 d g >. CO2CMNN- (DOCO -- CON (D N 0)CO N I' C CO-T (D ((D UO) (0() (OC) N 0)m C ON N N N N N to CO 0 /a/ Tco {L O a) a) U) a+U N U) U) r` N. C CQ CO a a) a) `� co LO(NI Lriup a) 4? C Ladd � � 3 r• N- r• o N N c CZ 0 N C C 3 CJ o m o aS d -t 0)^ CD N CO CO CO a) a) D 0 ,- CA CO as C � . r � 00nONC�f) 43 O a' y I C U) U) co � .Q ) caaV 0> U 2 -= ^I m e 1- ja w T T a) a) ma (on c os co 0I� 1___ o c� as a) a) a) rna) a) a) a) 000 0 � U a_ N N N ( U co t ,_ I C o Co R! U T NCI d U) (O r•-- Co a) O - W O a) a) a) a) a) a) a) a) a) a) a) a) a) N O O 0UY 3 z N -0 � 0O C) 2 Q-O O c^^")`` T W 0 C 0) 0 CZ W D_ I'^- 1 i v C ft3 Z O a_E r^ ^ c'n^ 11 --0- (1) LL Vl O > Ll. O O CCr) COD CO O) N. O)) pM ((DD U 1 W r aS 0 0 (D 0 0 CO CO O NCO N CD TS FACAW f� f� NCo (O -,tMcfl (DN (C) (D C1) CO N CO T COT O I-- CO Q in 0 (D CO `'CO co Q (.0O co 0 N In '. Cu T T T N N U a) a) T T r 0) z rtsLL a) coco co 00 O T T l',.. N N I. N- O Q D a) F- U (D T CO N f1`.- a) CD a) CO CO Ta) C cocDa) t-- Ocor-- OCo *- T 4- <Cas QOO � co- a) a) a) COC) co (D r cts (D CO M (n LO CA 1' 1 to co m — in IC) co co co co co CO co CD O1 U %T T N X^, �/`/�/ a) (n C a) E T as 0 >- +' O N CO (f) to N CO CO 0 to O 0 O c(D N CE Q .f1 CO U O U � O � �tN � N- CC) (0C�) a) pp cri T - a) r- C07 d d COD O in Lo (Of) N Cf)O a) to 2 o NCOCD � � � fst� f� a Oal D N N N T T T O C T T N 0) 2 T 0 TW //y�� W e' Z O . 0 . 0 . . . . . . . 0 c E � co c) T T . . . . . T T T T N E E . U C T T T T T T T T T T T N O N T O „, .a 0 C 0 0 ai m 0 •r. 3 T N rO C .N O o) ri (a C Cu- QQm N LL c E EE -0 > d"- � NM1' O tiOa) TN O O` j (s d o a; 000) a) 0) 0) 00) 00 u_ u_ u.. C2- CL. N C O a) a) a) a) 0) O 0) 0 0 N O 7 CO (� O .�, U a) tcnas_c r = • r.., O T N CO '1' (f) CO (- CO a) O T C .4 0 a) a) 0) 0) a) a) 0) a) GT O O N O y � 0) 0) 0) 0) 0) 00) 0) 00 :) it UY U 3 z N 0 x -' O TTTOOOOOOOO CO (v O c0 C c� c� c*) LO LO LO LO O ZF- a) coCD0O00000000 N • � M (A (ca) a) (Ta) CAa) (ACA (T T c0 c� O -.- a co co co to co tf) co to to co to O a) C Q O U O a) a) 0co 0 co CO c0 CO c0 co >+ a) O — C N N N T T T T T T T T coN E N O - C) C (A a) o _ .N SCO to to co NN NNNNNN r- al Q cm W 0 N co co co co co co co co CO C') CO CD ~ O i _ N N N rI � 't 't � d 't [r — O O C a) C7 'tti CD U Q c0 co c0 co- cD CD co- co- co- (O co- CQ C E a) as Z C E Q N N N t` N- r f` f` N- f` N al E N N O � Q Ncc ": NC\I O a`_ ct O ¢ 0 •- n r: r: r.: totototototototo r: ° - 4- I' r T T co co co co co co co co co (n r C o NNN00000000 0) C � m C CO COCO N N N N CV N N N C) T to N E 2 U '• d N 1- as Tr Q> m L T —C C CO CO CO to ` O CO CO Cr) T Ti >' W o Z O moo . .2--' r- C r T T C O co Z as T T T Cy) •` Wae U a__o 0 ^ Z3 co0 Q ¢ A F V r LO N N N N N N N N N N N N j ka W ai o o M CD U �( E �. Z tri to tri tri to to to to to to to > to Q co 0 Q co co Mc7M co Mc` coco) c') a) -0 r� Q - U 00000000000 co c Lu _seC c\i. NNNCV- CV- N c,s �' O CC U4. N T CD N- (O o) - a. �rTr �rvTr � v � Tt 'a• �t to 0 a •yN� Tr 0y s (0 (D CO CO CO CO CO (0 0O (0 (D N CD X Z. O cC U a co- MMco- MMMMco- co- co- a) c� C co co co co Co) co co co coco co (0 � �17) Q O I- — r O -0 I-- ZO 0 0 C M a) a) a) a) a) a) a) a) a) a) a) Q1 :, C) -0 C a) co co co c0O0cOCOOOCO r` C) U `�= (u N r` r` r` r` r` r` r` r` r` N CO_ cS 0 L N Ci co cr ci 07 c6" cocococo co r O TriO cu Q }N, (O CO co co co co c0 0 0 0 0 ci -o a- RS 0.1 N O N 3 • 0 Y �, (II13 X U uNO CO O 8 0 0 8 0 O 8 0 00 0w - CO N- N- N- N- N- N Q L O � .00000000000 r` of., 6 It O Q O NNNNN NNNNNN N U pd C a$ CO CO CO CO CO OD CO CO CO CO CO 0 N cz O 0 ri a) .N _. T U N = 2 +r• U Ct T a) a) a) a) a) a) a) a) a) a) a) a) as N ++ CO c7 CO CO CO CO CO CO CO CO C0 ,- .- O X � � Q rnrnrnrnrnrnrnrnrn0rn N c� (nT, i- • LL > Y rn0) 0) 0) rnrnrna) rna) a) 0 •TCO o V 5 +- c? F— T 0 U r t- d O NCOI' LOco r� COa) O •- CV N OLT _c C. (0 C a) rn 0) 00) 03C) 000 cu Ur— � r- 0 = cif t� CO a) a) a) a) a) a) a) NNN O Cir H c 1.-.-i r O , , 0ai C r 0 r N CI) 't (L (40 r- c0 a) 0 '- W • j � > C �) a ) 00a) O NN 0 UUY 3 z N -0 O 0 1 ti co O w ga0 1 oo N ai o - a, o Ls a CA T 1C '' C) a000O � CO COO totn00 CT) (O > 2a � —• 0- NCOTC90tf) a) NCAOLn CO as C CONN Ntot` r-, coc coCO c) (O Z ~ 8a) r, co d' CO C0 0 C7) cD CA Co) tri0 N C Cl- W p to cs n r` CO • C) t- T T T T T T Ni n� T S T ^a) Q ♦I Lo O O t/on to to O O OOH co .�' Q' a) c as co co co r-- a) vTrntoOto T - Q CJl o r/N-�_ �N'^�_ co N CCD CO T_ T CO- co �cyo T 0 ^` Vry�/ W T T V T• CCO 01 Cr) (\� T CO- a ♦J O �- EV W T m c7 Cr) Nt V V V CDyN O E V ^C^` 0 U ^)^, D W T a) m T (/) — O to LOOOOOOQ o..-- >+'cQ 03 `03 T fSCO 1- N CO T N alS V r- O a) 0 0 � co co co- Ln a• ) co- to cO 0 T C „>4- C7) N N N N N N N N a_ U O 0U) T -0 113 Q. 22 CC Y/ T O 0 CO N C � N C7 �' 3 O U CO (A a- Cn 2 ° d co to M CO -0 "0Q D a) (I) co � v N .Q O O m T Q) m C W r) a_ — .- O la 5 £ m o a) CO to to to to to to to to CO C N CC CcD C — (D ,r (DNC00 (Otr Lr)LoN CD c� � ctis L1J cn E Y T a m 0 , `- T T CO O O O• Cn NCA N H/ LTu) Q- to0CA0000) OC) to 43 �/� 0 T N T N N N N T N. D O W T D .-i • < .7. o)^ cO 0 0 000 ,i >. 7 (D CO 2 vCO N N- r` CO 0_ N C r) (� a) +1+ C CO T co- Cn O CO T E m -8 N 0)r\ T O N N N N N N to MS a) m O a) W C OD aN C V N 0 0 0 0 ,a) 0 C O 2 C C 3 U 0 m o ots 1- t CA^ CO N CO N CO CO Cn 0 y 0 NcO c C — r � OCCON_ 1O0) P (� O cC cci t+ 0) I C Ln Ln N T L ja ca- 0 nom. > U V 2 LL 7/� 1 (0( 0 1— y 0 a) T T itiO tt 0- (/) C C 0) C) CACna) C) 0) � 00 td Ur- 0 w oi N Cn CA Q) 0 Q) Q) CA N N N O -1g 15 U I— RS SI 0 LodI .►- C O (n O 0 .' U CnCNa�) rnrnrnrnrn0OT w > a) a) CS) Cna) a) 0) C) a) 0S 0 UUY _ Z N 10 Cr) CD I c� 0w O- o g co T a) o — W CI- F- a) U (tsZ cOC b9.2 e_ 'JCO 0 (./) O 'a a) CULL. a) I' OCOTt- NON 'Kt 1- CA1' � `I' C > p U "O O to CO N T C. Cn to O co 417' C O OD *- O CO 10 O N lf) N f- a) as ct$ g?-1 4, (D coo T (\F .= O M N 40 aa)) E W T Y/ to CO O V CA 'c-r) O T Lf) D C51toa5h.: r rCOOTcd. C7 COTU T T T T CO T OY� a) a) 2 co c(SLL. W CO MTCOC7NNOtotoOO p D f" U `� O to T T rt CA CD N to to 0 �t C C CO CO CA CO CO N CO CO 1' Q T totndOQO) CANCAto tf) cC Nd V' 0) a) ') 0) a) 0NN a' t CD 1- O O CO CO CO O O .r-_ '1' � CO T' T T T T T T T T o O — C as co C a) E T Ca Q N CC) 000 (� COCO0Lo (f) O0 CA N ›- Zi.� a)U te• N CO T Co 0 in a) cv ) O to Co CA CL CO N 1- N to N- r- co co co co a)Q c0 a) N- Co CO C7) CA CO C7) Cr) to � CON- N. N. CO co D'^ T T T T T T N C) T TCA CT T T co AL W (-7,- ..-E. -- TTTOOOOOOOO co E cQ co co co to to to to to to to t() C) a) *, F- CDCDCDOOOOO000 N 0j (0 0 a Oco- CACA � � CACn � CA � T ) C8 pi Z 2 Co Co Co to to Co to to to to to CA 0 CA O co CO CO co CO a0 0 CO Coco_ j = 0 1- cN N N T T T T T T T T C7 O N � «y+ C 0 O 'C „„- a) 0 co y T O a) a) C •C• um Q am LL 03 F- 0 EE ai o ;14 rnrnaCSrnrnc088 0 J • r CT CA CA Cn ch CT CT CJ) N N-IC LL_ LL LL o ' CCI (1 *' UCiS a) ted -_ -_ -_ — N ++ = O T N CO to CO ti Co a) 0 0 A m 7+ 0) 0) 0) a) a) 0) a) 0) CA N N U UY > Z OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA APRIL 21, 1992 Mayor Laurent called the meeting to order at 7 : 00 p.m. , with Cncl. Vierling, Sweeney, and Beard present. Cncl. Lynch was absent. Also present: Dennis Kraft, City Administrator; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Lindberg Ekola, City Planner; Dave Hutton, Public Works Director; and Gregg Voxland, Finance Director. Mayor Laurent read into the record the City' s Non-Discrimination Policy. Beard/Vierling moved to approve the agenda with the following additions to other business: 14a) Law suit update; 14b) Resolution No. 3576; 14c) Resolution No. 3577; 14d) Resolution No. 3578; 14e) Surplus property; and 14f) Expenditure to the Scott County Coalition. Motion carried unanimously. Liaison reports were given by each Councilmember. Mayor Laurent reported on the Transportation Coalition meeting and the Shakopee Showcase that he attended. Mayor Laurent asked for comments from the audience on any issue not on the agenda. Jerry Schmidt, 1041 Legion, provided an article for the Council on "Suburbs finding non-taxing ways to pay for rec centers" from the April 17 , 1992 issue of the Star Tribune. He asked the Councilmembers to review this article and relate it to the needs of Shakopee. He then questioned the article written in the Shakopee Valley News regarding the City of Shakopee taxes vs. the taxes in the City of Chaska. The research done on this issue was explained by the City Administrator. Pat Goldberg, 2780 County Road 42 , questioned when there would be some action on the Mielke driveway issue. The City Attorney stated she is in the process of reviewing a possible maintenance assessment for cartways. City Administrator added that when this item comes before the City Council staff could notify her. Beard/Vierling moved to approve the consent business with the deletion of: 8) Approval of the March 31 and April 7 , 1992 meeting minutes; and lid) Preliminary and final plat of Bechrich Park Estates. Motion carried unanimously. Sweeney/Beard moved to approve the meeting minutes from March 31, 1992 as presented. Motion carried unanimously. Official Proceedings of the April 21, 1992 Shakopee City Council Page -2- Vierling/Sweeney moved to approve the meeting minutes of April 7, 1992 with the following amendment: Page 5, paragraph 6, line 5, " . . . which includes the deletion of any improvements to Shumway Street and the deletion of sanitary sewer and watermain installation on 2nd Avenue. . . " Motion carried unanimously. Mayor Laurent passed the gavel to Vice Mayor Vierling and stepped away from the Council table. Vice Mayor Vierling continued the public hearing on the proposed vacation of the drainage and utility easement within Lot 1, Block 3 , Evergreen 1st Addition. The City Planner stated that a petition had been received from Renden Development and Laurent Builders, Inc. , to vacate the westerly 4 feet of a 10-foot drainage and utility easement along the eastern lot line of Lot 1, Block 3 , Evergreen 1st Addition. Vice Mayor Vierling asked for comments from the audience. There were none. Vice Mayor Vierling closed the public hearing. Sweeney/Beard offered Resolution No. 3555, A Resolution Approving The Vacation Of The Western 4 Feet Of The 10-Foot Drainage And Utility Easement Along The Eastern Lot Line Of Lot 1, Block 3 , Evergreen 1st Addition, and moved for its adoption. Motion carried unanimously. Mayor Laurent resumed his chair at the Council table. Vice Mayor Vierling passed the gavel to Mayor Laurent. The Ass't City Administrator gave the 1991 township participant report for the Park and Recreation Department. He stated that due to the time consuming nature of pulling new information on park and recreation activities, staff is recommending that the City Council and the two township boards consider adopting a township annual fixed rate contribution of one or two percent above a base rate for a three year period. He added that no action is being requested from the City Council just a request that this issue be discussed with the township boards. Discussion was held on the recommended fixed rate contribution and on the difficulty of obtaining new entry information from the computer. City staff will look into the Park and Recreation Department' s computer system to see if their system can recognize new entries. The City Planner gave the presentation for the proposed ordinance amendment, which would allow additional conditional use provisions in the Industrial Districts (I-1 and I-2) . He stated that at their April 9, 1992 Planning Commission meeting, the Planing Commission once again recommended denial of any ordinance change that would allow retail sales as a conditional use in the industrial zoning districts. Official Proceedings of the April 21, J92 Shakopee City Council Page -3- Sweeney/Vierling offered Ordinance No. 334 , An Ordinance Of The City Of Shakopee, Minnesota, Amending Chapter 11, Land Use Official Regulation (Zoning) , Section 11. 32 , Light Industrial (I-1) , And Section 11. 33 , Heavy Industrial (I-2) , By Adding One New Paragraph To Subd. 3 , Conditional Uses, In Each Section Relating To Retail Sales, and move for its adoption. Mayor Laurent asked for comments from the audience. John Leroux, 2542 Hauer Trail, spoke in favor of the proposed amendment. He stated that allowing limited retail uses in the industrial zones should be handled under the conditional use process. Mr. Leroux stated he is aware that Brambilla Motors will perhaps be the first applicant if this ordinance is amended, but added Brambilla Motors will not increase the traffic in this zone. He suggested the Council consider the operation of Brambilla Motors similar to a fork lift facility where they sell and service fork lifts, which is very relevant to the industrial zone. Mr. Leroux stated that to amend the ordinance would be a benefit to the City, keep a tax payer within the City, and all at no cost to the City. Rod Krass, attorney for Brambilla Motors, stated that members from the 1986 Council, some of which were in the audience, had approached Mr. Brambilla for his cooperation in getting the mini- bypass project underway, and in return he would receive City cooperation for relocation of his business. He stated that some day this Council may have to hope their successors will maintain the thought process of the existing Council. He added the issue in not whether or not this is good planning but the issue is that Mr. Brambilla was informed that the City would cooperate with his relocation when the mini-bypass project became a reality. Mr. Krass stated there is no reason the Council can't make the ordinance amendment more restrictive than is currently being proposed. He suggested removing heavy industrial from the proposed ordinance amendment as well as 1) commercial trucks, 2) heavy equipment, and 4) boats. He added that if the City wants to do what is right for Mr. Brambilla but still comply with the concerns of the industrial tenants, the City Council could be very restrictive in this ordinance change. Mr. Krass stated that to his knowledge almost no development has occurred in this area since 1986 when the ordinance was amended. He stated the investments from the current industrial-zoned tenants were made prior to the ordinance change of 1986 when there had been provisions for some retail in the industrial zone. He added that the tenants, when coming into the industrial park prior to 1986, were aware that some commercial uses would be conducted within the industrial zone. Mr. Krass stated that he is aware the Council does not like to act on issues of such magnitude without a full Council, but requested Official Proceedings of the April 21, 1992 Shakopee City Council Page -4- the Council consider Mr. Brambilla' s situation in that the State is waiting for an answer from Brambilla Motors. He added, this is the City Council ' s last chance to uphold the promises made by their successors . Cncl. Beard stated he is feeling boxed-in by a promise made by past Councilmembers, and added that this is one of the reasons for elections -- the need for change. He added that changing the ordinance for one person does not seem to be a valid enough reason. Rod Krass stated that the ordinance came about because the thought was that development would be heavy in the racetrack district. He added that this had not happened. Mr. Krass stated there is no legal contract or agreement between the Council of 1986 and Mr. Brambilla, but added that the City needed Mr. Brambilla ' s cooperation at that time in order to proceed with the mini-bypass project. He once again stated that in the context of the 1986 discussions, the City had agreed to help relocate Mr. Brambilla. Cncl. Beard questioned which industrial tenants had been in this zone in 1986 and which facilities had developed since that time. Cncl. Sweeney stated that this ordinance is more restrictive than the alternative. He added that the Planning Commission had recently approved a conditional use permit for retail sales in the industrial zone for a facility that would use only 15 percent of the floor area for retail sales. He stated this means Mr. Brambilla could construct his building and apply for a conditional use permit to do retail sales using up to 15 percent of his floor area. He stated that if an applicant can define a 15 percent retail sales area, the applicant can be issued a conditional use permit. He added that this constitutes no City control over retail sales in the industrial zone. He stated that this ordinance would be to the best interest of the City, in view of the alternatives. Vierling/Sweeney moved to amend the motion to delete the following as part of the ordinance: 1) The light Industrial (I-1) zone; 2) Commercial trucks including semi-trucks and trailers; 3) Heavy equipment such as construction equipment; and 4) Boats longer than 20 feet. Cncl. Vierling stated that this motion to amend is better than the alternative, which would be allowing anyone who could define the 15 percent floor area for retail space in the zone. She added that this amendment should solve the problem created. Discussion continued on the precedent recently established by the Planning Commission in allowing a conditional use permit for retail sales when the retail floor area of 15 percent is defined. Mayor Laurent asked for comments from the audience. Official Proceedings of the April 21, 1992 Shakopee City Council Page -5- Eldon Reinke stated his recollection of the 1986 conversations with Mr. Brambilla is exactly as Mr. Krass has stated. He added that there was no intent by the Council at that time to mislead anyone or force a future Council to make changes. He stated that Brambilla Motors was in the direct path of the mini-bypass project, and the action of the 1986 Council was just to keep a viable tax payer within the City. Mr. Reinke stated there are parcels within the community that are idle and the City should try and help these parcels develop. He added that the agreement with Mr. Brambilla was made with the entire City Council of 1986 aware of the discussion. He stated he is happy to see that there are more restrictions in the ordinance, and the ordinance amendment may be necessary to solve a problem. He added that the more restrictive the ordinance, the better. John Leroux responded to the concerns of Cncl. Beard who had stated that commitments made in 1986 would not be binding upon future city councils. Mr. Leroux stated that this is true, but this City Council may be faced with these same issues at some time. Mr. Leroux questioned if a sale made over the phone is considered retail. He suggested including the Light Industrial zone in this ordinance amendment. He stated that in 1986 the reason open sales lots were removed from the ordinance was because the City did not want automobile sales lots in the zone next to the Racetrack District. Discussion continued on preserving the integrity of the industrial zones. Steve Korte, Conklin, stated that when Conklin was built there was some language in the ordinance relative to retail sales for properties abutting a state highway. He added that he believed this was the language which had been removed and therefore no traffic had ever actually entered the industrial zone in the first place. Mr. Korte stated that the conditional use permit approved at the last Planning Commission meeting is for a business that is wholesale in nature and that the conditions placed upon this conditional use permit included a limited number of days that retail can happen. Mr. Korte stated this is the ninth time this issue has come in front of the Planning Commission and/or the City Council for a vote, and they (Conklin) do not support this amendment. He stated that good land management has to be considered in order to keep the industrial area preserved. He stated there is not a lot of heavy industrial land available and with the bridges being built this land will be in demand. Mr. Korte stated that if this ordinance is adopted, it constitutes spot zoning. He questioned how the ordinance is to be enforced. Official Proceedings of the April 21, 1992 Shakopee City Council Page -6- He added that someone can always find a precedent, which could then involve another amendment. Mr. Korte stated that this ordinance amendment would open Pandora' s Box. He added the new owners of Conklin had made the purchase with the I-2 in mind, and doesn't believe that an ordinance should be amended to solve one particular problem. Discussion was held on how B-2 uses would affect the I-2 zones. Mayor Laurent asked for further questions from the audience. Jim Hedding stated he is a neighbor to Conklin and owns the property in question and is having a difficult time understanding what is trying to be defined. He added that the facility mentioned by Cncl. Sweeney is in conjunction with a wholesale facility. He stated he wants to be sure that he can market his property in the future. He added that since a wholesale/retail business is already in this area, how many more will go into the industrial zone. He stated he is looking for developmental rights in this park, and wants to be able to do what they want to do given what has already been done. Mayor Laurent asked for further questions from the audience. There were none. Discussion was held on correcting a problem in lieu of good planning. Motion carried on the amendment with Cncl. Beard voting "No. " Jon Albinson questioned the amendment verbiage. Discussion was held on how to enforce the code. Mr. Krass suggested a written affidavit of trade-in from Brambilla Motors, as an attempt of ordinance enforcement. Discussion was held on what the City could do if this ordinance is adopted and it proves not to be workable. Motion carried unanimously on Ordinance 334, as amended. The City Council recessed at 9 : 15 p.m. The City Council reconvened at 9 : 25 p.m. The City Planner reported on the final plat for The Meadows 7th Addition. He stated that in the approval of the preliminary plat, the developer was not required to construct the trail in the Upper Valley Drainageway. He added that in the final review of The Meadows 7th Addition, staff is recommending the developer construct the trail, as the City has in its projects. He added that the developer disagrees with the trail requirement being placed on the Official Proceedings of the April 21, 1992 Shakopee City Council Page -7- final plat. The City Planner added that the developer does not want to be responsible for construction of the trail. Mayor Laurent asked for comments from the audience. Paul Cherney, representing Gold Nugget Development, stated that the connecting trail between two lots would be a nuisance to the abutting property owners, and requested this condition be removed from the conditions of final plat approval. Discussion was held on the maintenance of a trail system vs. a sidewalk, the distinction between the two, and the need for a trail system to be included in this plat. Wayne Fleck, Gold Nugget, stated there would be about six lots using this connecting trail to access the trail system. He stated if the City is going to want a connection to the trail system, it should be constructed now so that all buyers are aware of the trail connection at the time of purchase. He added he just doesn't believe a trail connection is necessary here. Sweeney/Vierling moved to delete the condition stating: "The applicant shall construct the Upper Valley Drainageway trail and the connecting trail between Lots 8 and 9 , Block 1, from Goldenrod Lane to the drainageway (8 feet wide) . " Motion carried unanimously. Vierling/Beard offered Resolution No. 3573 , A Resolution Approving The Final Plat Of The Meadows 7th Addition, and moved for its adoption subject to the following conditions: 1. Approval of the 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 Shakopee Public Utilities Commission (SPUC) . B. Water system to be installed in accordance with the requirements of SPUC. C. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. D. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250 . 00 each per sign pole. E. Electric system to be installed in accordance with the requirements of SPUC. F. The applicant will be required to dedicate Outlot A to the City to help meet the parkland dedication requirement. A credit of . 384 acres from the 6th Addition shall be applied to The Meadows 7th Addition' s requirement. The dedication of Outlot B ( . 1. 0383 acres) results in a parkland dedication requirement of . 4059 Official Proceedings of the April 21, 1992 Shakopee City Council Page -8- acres. Cash payment ($441. 95) for the balance shall be made in lieu of additional parkland dedication for this plat. G. The City Engineer will reapportion the existing special assessments against the lots, and the developer shall waive his right to appeal the reapportionment. 3 . The developer shall submit a revised final plat that shows the easement for all of the Upper Valley Drainageway prior to approval of the final plat by the City Council. 4 . The developer shall submit a revised final plat that shows revised street names within the plat. The cul-de-sac called Yarrow Circle shall be changed to Dakota Circle. The names of the streets currently called Goldenrod Lane and Goldenrod Court should be changed to names that are less similar to existing names of streets within the City. 5. The developer shall provide a recordable agreement stating that not more than 10 percent of the plat will be developed into twin homes. Twin homes will require separate utility connections, and sites must be identified prior to the installation of utilities. 6. The developer will be responsible for the grading of the plat as shown in the preliminary drainage plan. 7 . The developer shall execute and record a 16 foot wide pedestrian access easement between Lots 8 and 9 , Block 1 and construct an 8 foot bituminous path. 8 . Outlot B must be labeled as a public drainage and utility easement. 9 . No direct accesses from individual lots will be allowed to Vierling Drive. Motion carried unanimously. Cncl. Sweeney stated he requested that the preliminary and final plat of Beckrich Park Estates be removed from consent business because at the time of Planned Unit Development (PUD) approval, the conditions were for a watermain to be installed by Shakopee Public Utilities standards and now this has been deleted and changed to having the design and drawings made available to the City Engineer. The City Planner stated that the developer is proposing to install a private water system for the subdivision. He added the developer intends to construct the water system in accordance with the City (SPUC) standards so when the urban service area expands into this area, it could be possible for the City to take over the system. Discussion was held that these changes should be made very clear to prevent misunderstanding among the departments. Official Proceedings of the April 21, 1992 Shakopee City Council Page -9- Beard/Vierling offered Resolution No. 3572 , A Resolution Approving The Final Plat For Beckrich Park Estates, and moved its adoption. Motion carried unanimously. Sweeney/Beard moved to approve the preliminary plat for Beckrich Park Estates, subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a developer' s agreement for the construction of the required improvements: A. Electric system shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission (SPUC) . B. Street lighting shall be installed in accordance with the requirements of SPUC. C. Storm sewer system shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. D. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. E. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250 . 00 each per sign pole. F. Cash payment in lieu of a land park dedication shall be required for each lot. (This amount would be $430. 55 per lot based upon a 40 percent credit for open space -refer to Sec. 11. 40, Subd. 4E. ) 3 . Approval of the recorded covenants by the City Attorney. The applicant must provide a copy of the recorded covenants that address ownership, maintenance, and use of the private open space prior to the recording of the final plat. 4 . The following lots have been granted a variance from the minimum lot area requirement of 2 . 5 acres: Lots 1, 2 , 3 , 4, 5, and 6, Block 2 Lot 1, Block 3 Lots 1, 2 , 3 , 4 , and 5, Block 4 Lots 1, 2 , 3 , 4 , 5, and 6, Block 5 Lots 1, 2 , 3 , 4, 5, 6, and 7 , Block 7 Lot 1, Block 8 Lots 1, 2 , 3 , 4 , 5, and 6, Block 9 5. The developer must comply with the conditions of the final approval of the Planned Unit Development. 6 . Approval by the City Engineer of the erosion control plan, a report addressing construction site erosion and the protection of wetlands, and a schedule for the re-establishment of turf. 7 . The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. Official Proceedings of the April 21, 1992 • Shakopee City Council Page -10- 8. The applicant shall complete the wetland review process (Wetlands Conservation Act of 1991) prior to final plat approval by the City Council. 9. The applicant shall submit a revised final plat, which provides street names that are less similar to the names of existing streets within the City for the streets currently called Parkview Drive, Parkview Circle, and Parkwood Circle. 10. The applicant shall submit the plans and specifications for the private water system to the City to be placed on file with the City Engineer. The private water system shall be installed and conform to the standards of SPUC. Motion carried unanimously. Cncl. Vierling stepped away from the Council table. Sweeney/Beard moved to delete the condition that "the developer shall be required to construct the portion of the trail within the Upper Valley Drainageway and trail that is adjacent to the southern boundary of this plat when Outlot A is replatted" from the conditions for approval for the final plat of Prairie Estates 2nd Addition. Motion carried with Cncl. Vierling absent for the vote. Discussion was held on the City's grid system for addressing and how plats are developed within a subdivision and don't appear to have a grid system attached. Beard/Sweeney offered Resolution No. 3570, A Resolution Of The City Of Shakopee, Minnesota, Approving The Final Plat Of Prairie Estates 2nd Addition and moved for its adoption subject to the following conditions: 1. Approval of the 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 Shakopee Public Utilities Commission (SPUC) . B. Water system to be installed in accordance with the requirements of SPUC. C. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. D. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. E. The developer shall construct a sidewalk within the right-of-way for 11th Avenue between Prairie Estates 1st Addition and Naumkeag Street, except the west 200 feet, which complies with the Design Criteria and Standard Specifications of the City of Shakopee. Official Proceedings of the April 21, 1992 Shakopee City Council Page --11- F. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 3 . The developer shall provide a recordable agreement stating that not more than 10 percent of the plat will be developed into twin homes. Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 4 . No building permits shall be issued for Outlot A (6. 07 acres) until it has been replatted. 5 . The developer will be responsible for the grading of the plat as shown in the preliminary drainage plan. 6 . The park dedication requirement for this plat is .70 acres (10 percent) . A credit of 2 . 01 acres exists from the dedication of Outlot B with Prairie Estates 1st Addition. This credit shall be applied to the park dedication requirement of this plat. The resulting credit of 1. 31 acres shall be applied to future subdivision plats for Prairie Estates. Motion carried with Cncl .Vierling absent for the vote. Cncl. Vierling resumed her seat at the Council table. Sweeney/Vierling moved to table action on Ordinance No. 331, An Ordinance Of The City Of Shakopee, Minnesota, Amending The Zoning Map To: (1) Rezone The Eastern 30 Feet Of Vacated Portion Of Polk Street From B-1 To R-2 ; (2) Rezone Outlot A, Minnesota Valley 5th Addition From R-4 To R-2 ; and (3) Rezone Unplatted Land Southeast Of Outlot A, Minnesota Valley 5th Addition From R-2 To R-4 , since this item requires a four-Council vote, and the mayor cannot vote due to conflict of interest. Motion carried unanimously. Mayor Laurent passed the gavel to Vice Mayor Vierling and stepped away from the Council table. The City Planner stated that a letter has been received from Laurent Builders regarding the preliminary and final plat of Minnesota Valley 7th Addition. He stated the concerns raised are: 1) The recommended improvements to 11th Avenue between Tyler Street and the proposed subdivision is beyond the plat boundary; 2) The proposed pedestrian path between Lots 11 and 12 , Block 1; and 3) A credit to the park dedication for constructing a pedestrian path. Randy Laurent, Laurent Builders, stated the trail (path) proposed is the recommendation of the developer for better access to the mall. He requested that this be given some consideration for a portion of their park dedication. Discussion was held on requiring the developer to construct a portion of 11th Avenue with the installation of storm sewer and watermain. Official Proceedings of the April 21, 1992 Shakopee City Council Page -12- The Public Works Director stated that with the installation of the watermain, it will damage the street. He added this is why staff believes the developer should be responsible for the street reconstruction. The Public Works Director stated the City is also requesting storm sewer installation since half of the block is being redone for the watermain. He added that the storm sewer will be done at the cost to the City. He stated that because the storm sewer will damage half the road and the watermain installation will damage half the road, and if the Council desired he could support a 50/50 cost sharing. He added this is an opportunity to upgrade the street to meet standards, but it should not be considered a City reconstruction project where adjacent property owners are assessed. Randy Laurent stated that they have a couple options to get water to the property; one is as recommended by the City and the other would be less costly to the developer. He added that they reluctantly agreed to pay 25 percent of the 11th Avenue reconstruction. Sweeney/Beard offered Resolution No. 3571, A Resolution Approving The Final Plat of Minnesota Valley 7th Addition and moved for its adoption. Motion carried with Mayor Laurent absent for the vote. Beard/Sweeney moved to approve the preliminary plat for Minnesota Valley 7th Addition, subject to the following conditions: 1. Approval of the 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 SPDC Manager. B. Water system to be installed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. C. Electric system shall be installed in accordance with the requirements of the SPUC Manager. D. Storm sewer system shall be installed in accordance with the requirements of the City Engineer. E. Sanitary sewer system shall be installed in accordance with the requirements of the City Engineer. F. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. G. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. H. Cash payment in lieu of park dedication shall be paid prior to the recording of the final plat. Official Proceedings of the April 21, 1992 Shakopee City Council Page -13- 3 . Outlot B (752 square feet in size) must be added to Lot 1, Block 1, rather than be allowed to remain as an unusable parcel, prior to the final plat approval. 4 . The developer shall be responsible for 50 percent of the reconstruction costs of that portion of 11th Avenue between Tyler Street and the proposed development, including curb and gutter. The developer shall be responsible for the installation of the watermain. Storm sewers shall be installed to 11th Avenue and Tyler Street by the developer and costs will be reimbursed by the City. 5 . The applicant must submit a landscaping plan to retain and enhance a buffer between the proposed residential development and the commercial and church properties prior to final plat approval. 6 . The developer shall execute and record a 16 foot wide pedestrian access easement between Lots 11 and 12 , Block 1, and install an 8 foot wide bituminous path within this easement. The 4 foot wide easement on each of the sides of this path shall be landscaped by the developer to provide screening for the adjacent homeowners. 7 . The 30 feet of the 60 foot right-of-way for Polk Street, which is included in the proposed plat for Minnesota Valley 7th Addition will be vacated upon receipt of the executed plat. This portion of the right-of-way must be purchased by the developer. Documentation of this purchase must be provided to the City prior to the recording of the final plat and documented in the title opinion. 8 . The applicant shall submit a revised final plat to show the vacated portion of Polk Street as a part of Lots 2 through 13 , Block 1; rename Outlot A as Polk Street and dedicate it to the City as right-of-way; clarify the status of Outlot B; and identify the document numbers for the existing easements within the plat. 9 . No building permits will be issued for Lot 11, Block 1, until the buried electric line that crosses it is relocated within a drainage and utility easement. 10 . The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 11. Approval of the final plat is contingent upon the applicant receiving a Certificate of Exemption for the Wetlands Conservation Act of 1991 from the City of Shakopee. 12 . An erosion control plan and report that addresses construction site erosion and turf re-establishment shall be submitted and approved by the City Engineer prior to the issuance of a building permit for the site. Official Proceedings of the April 21, 1992 Shakopee City Council Page -14- 13 . The rezoning, as requested by the applicant and outlined in Ordinance 331, must be approved by the City Council. Motion carried with Mayor Laurent absent for the vote. Mayor Laurent resumed his seat at the Council table. Vice Mayor Vierling passed the gavel to Mayor Laurent. The City Planner stated that the Planning Commission passed a motion to table their decision on the preliminary and final plat of South Parkview 2nd Addition, so that a policy decision could be made by the City Council on a proposed lift station. He stated that when the preliminary and final plat was approved in 1984 and 1985 the conditions of approval did not clearly address if a lift station was to be constructed on a temporary or permanent basis. The City Planner stated that staff's position is that public lift stations should not be allowed unless it is physically impossible to serve an area by gravity sewers. He added that if a developer has wanted to utilize a lift station on a temporary basis until such time as gravity sewer is available, the City has allowed it with the understanding that the lift station would be privately owned and maintained. The City Planner stated that the developer, Cletus Link, is requesting that a lift station be allowed to be constructed at his expense, with the City taking the responsibility for the operation and maintenance of the lift station. He added that Mr. Link is also requesting that he not have to pay for the future costs of a VIP interceptor. The City Planner stated that current City practice is to require developers to be responsible for the construction and maintenance of lift stations. He added that staff cannot recommend approval of the plat unless the developer agrees to the conditions of: 1) The proposed lift station should be considered as temporary and should be eliminated once the VIP interceptor is constructed, and then the City could agree to maintain the lift station during the temporary status, but the developer must construct it and be responsible for the first year of operation; and 2) The developer must agree to abandon the lift station in the future and waive his right to appeal any assessment for the future interceptor. Sweeney/Beard moved to initiate a feasibility study that would extend the VIP interceptor through the area and assess all property owners for the construction of this facility. Discussion was held on whether or not the City needs the VIP interceptor at this time. Cncl. Vierling called for the question. Motion failed as follows: Ayes - Sweeney Noes - Vierling, Beard, Laurent Official Proceedings of the April 21, 1992 Shakopee City Council Page -15- Sweeney/Vierling moved to initiate a pre-feasibility study to extend the VIP Interceptor to the West. Motion carried unanimously. Clete Link stated that in 1985 a lift station was approved for construction. He added that based on this decision, they developed the property and built the first phase. He added that in the first phase there are five lots requiring a lift station. He stated that if this would have been approved as temporary, the project would never had gone through. He added that there is a need for medium- priced housing, and the issue should be serving the public. He stated the lift station was approved, it was not considered temporary, and now they have a total of 54 lots that need the lift station. He stated he doesn't want to wait until the VIP interceptor is extended. Discussion was held on the conversations between the City and the developer in 1984 and/or 1985 regarding a permanent or temporary lift station. Sweeney/Vierling moved that staff research the tapes from 1984 and 1985 relative to South Parkview 1st Addition and the discussion regarding the lift stations. Motion carried unanimously. Clete Link stated that if he is to pay for a temporary lift station and his lots become null and void, the City can remove the waterline and credit his park dedication because he cannot then afford to develop this area. Sweeney/Beard moved to table action on a lift station policy pending further information relative to the lift station discussion in 1984/1985 surrounding the platting of South Parkview. Motion carried unanimously. Beard/Vierling moved to authorize the City Attorney to contact the Minnesota Department of Transportation, and ask them to forward the interest payment at the statutory rate of interest (for the City and HRA property for the mini by-pass) . (Motion carried unanimously under consent business. ) The Finance Director stated the Metropolitan Waste Control Commission (MWCC) has revamped the Sewer Availability Charge (SAC) system in the area of credits for demolition or reduction of demand. He added that staff is seeking Council guidance for the treatment of credits. Sweeney/Vierling moved to set the following guidelines for staff to consider in making the SAC credit determination: 1. City will not refund any dollars for SAC credits. 2. Multi-use sites, such as the mall or strip shops that are one site, will have credits kept site specific. 3. Total new use (demolition and new building) for residential and commercial will have any credits that are not used for the new application revert to City benefit, and will pay SAC charges for any increase in SAC units for the new use. Official Proceedings of the April 21, 1992 Shakopee City Council Page -16- 4. Industrial process change resulting in credits will be kept site specific. 5. Industrial physical facility change will be kept site specific. Motion carried unanimously. The Finance Director stated that any alternative coverage to the current firefighters accident policy would greatly increase staff workload because each application would have to be done separately, obtaining extensive health information. He added that this doesn't appear to be a economic solution. Sweeney/Vierling moved to direct staff to apply for a new policy for the firefighters from Hartford, our current carrier. Motion carried unanimously. Beard/Vierling authorized the City Attorney to enter into the Resolution Relating To The Exchange Of Prosecutorial Services And Civil Representation Among The Scott County Attorney And The City Attorneys Within Scott County. (Motion carried unanimously under consent business. ) Vierling/Beard moved to table action on the hiring of a construction manager. Motion carried unanimously. Beard/Vierling moved to approve the bills in the amount of $276, 088.91. (Motion carried under consent business. ) Beard/Vierling moved to direct the appropriate City officials to execute the Contract Extension Agreement with Orr-Schelen-Mayeron & Associates for a not-to-exceed fee of $17,800.00 (for project 1992-6) . (Motion carried unanimously under consent business. ) Beard/Vierling offered Resolution No. 3575, A Resolution Pertaining To The Funding Of The Shakopee Public Utilities Commission Acquisition Of Minnesota Valley Electric Cooperative Service Territory and move its adoption. (Motion carried unanimously under consent business. ) Beard/Vierling offered Resolution No. 3566, A Resolution Restricting Parking On Vierling Drive (MSAS 106) Between County Road 17 And County Road 79, Project No. 1992-3, and move its adoption. (Motion carried unanimously under consent business. ) Beard/Vierling offered Resolution No. 3568, A Resolution Accepting Work On Shumway Street, 3rd Avenue to 6th Avenue; And Scott Street, 6th Avenue To 7th Avenue, Project No. 1991-1 and move its adoption. (Motion carried unanimously under consent business. ) Beard/Vierling offered Resolution No. 3569, A Resolution Accepting Work On Jackson Street/Harrison Street Project Between 11th Avenue And 12th Avenue, Project No. 1991-2, and move its adoption. (Motion carried unanimously under consent business. ) Official Proceedings of the April 21, 1992 Shakopee City Council Page -17- Beard/Vierling offered Resolution No. 3574, A Resolution Amending Resolution 3496 Adopting The 1992 Budget and moved its adoption. (Motion carried unanimously under consent business. ) The City Attorney stated the trial on the police union lawsuit has been continued to May 6, 1992 so there is no information to update the Council and therefore no need for an executive session. Sweeney/Vierling offered Resolution No. 3576, A Resolution Approving Plans, Specifications And Special Provisions For Trunk Highway 169 Bridge, State Project 7009-70002 (169-5) , Federal Project NH-BRNH 005-2 (104) and moved its adoption. Motion carried unanimously. Beard/Vierling offered Resolution No. 3577, a resolution authorizing the City of Shakopee to enter into an agreement with MnDOT regarding the street lighting costs for the T.H. 169 bridge, and moved its adoption and, adding that a monetary ceiling to be negotiated between the Public Works Director and MnDOT be included in the agreement. Motion carried unanimously. Vierling/Beard moved to direct the appropriate City officials to execute the Cooperative Agreement No. 69412 with MnDOT covering the City costs for the street lighting associated with the T.H. 169 Bridge Project. Motion carried unanimously. Vierling/Sweeney offered Resolution No. 3578 , A Resolution Of The City Of Shakopee, Minnesota, Requesting The Use Of A Privately Owned Building For Police And Fire Training, and moved its adoption. Motion carried unanimously. Vierling/Sweeney moved to declare five weed eaters as surplus property and authorized the sale of these items. Motion carried unanimously. Beard/Vierling moved to authorize the appropriate City officials to make the City' s contribution of $5, 000. 00 to the Scott County Transportation Coalition. Motion carried unanimously. The City Council recessed at 11: 15 p.m. for the Executive Session to discuss collective bargaining. Mayor Laurent re-convened the meeting at 11: 33 p.m. No action was taken during the Executive Session. Vierling/Sweeney moved to adjourn to April 28, 1992 at 4 : 00 p.m. Meeting adjourned at 11: 33 p.m. tAtlitIA—Irj i)A,' J dith S. Cox C 'ty Clerk Jane VanMaldeghem Recording Secretary April 26 , 1992 /%� 1415 S . Marschall Road 1�i E u.T ! D a) ako C� . Shakopee , MN 55379 Mayor Gary Laurent Shakopee City Hall Shakopee , MN 55379 Dear Gary: Please accept my resignation from the Shakopee Planning Commission . I ' ve enjoyed my three years on the Planning Commission, but it ' s become very difficult lately to give it the priority necessary . I 'm leaving a very strong Commission , so I feel comfortable about my decision . I 'm sure I ' ll miss my city work ; I ' ve been involved with city boards and commissions since 1986 . I 'm viewing my current decision as a sabbatical , and I 'm sure I ' ll be reapplying for some position or other within another year or two . Best+ is.hes , ' j2uc elianie Kahleck v Recommended Action: 1] Accept the resignation of Melanie Kahleck from the Planning Commission, with regrets . 2] Offer Resolution No. 3586 , A Resolution of Appreciation to Melanie Kahleck, and move its adoption. Melanie is not sure if she can make it to the meeting Tuesday night . If she can make it , Council will want to take this off the consent agenda ! RESOLUTION NO. 3586 A RESOLUTION OF APPRECIATION TO MELANIE KAHLECK WHEREAS, Melanie Kahleck has served on the Energy & Transportation Committee from February of 1988 until February of 1989; and WHEREAS, Melanie Kahleck served on the Ad Hoc Downtown Committee from November of 1986 until it's merger with the Community Development Commission in January of 1992; and WHEREAS, Melanie Kahleck served on the Planning Commission from January of 1989 until her resignation of April 26, 1992; and WHEREAS, Melanie Kahleck has unselfishly contributed many hours of service to the City of Shakopee while serving on various boards and commission during the past five and one half years. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the City Planning Commission and City staff, that the Shakopee City Council does hereby extend to Melanie Kahleck the deep appreciation of the City for her years of civic interest and dedicated service to the community. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney April 26 , 1992 1415 S . Marschall RoadCOis ) Lr\IT / D Shakopee , MN 55379 Mayor Gary Laurent Shakopee City Hall Shakopee , MN 55379 Dear Gary: Please accept my resignation from the Shakopee Planning Commission . I ' ve enjoyed my three years on the Planning Commission , but it ' s become very difficult lately to give it the priority necessary . I 'm leaving a very strong Commission , so I feel comfortable about my decision . I 'm sure I ' ll miss my city work ; I ' ve been involved with city boards and commissions since 1986 . I 'm viewing my current decision as a sabbatical , and I 'm sure I ' ll be reapplying for some position or other within another year or two . Bestis.hes , / d,/Lu,, elAanie Kahleck Recommended Action: 1 ] Accept the resignation of Melanie Kahleck from the Planning Commission, with regrets . 2] Offer Resolution No . 3586 , A Resolution of Appreciation to Melanie Kahleck, and move its adoption. Melanie is not sure if she can make it to the meeting Tuesday night . If she can make it , Council will want to take this off the consent agenda ! '1' MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 5th Avenue/Market Street DATE: April 28, 1992 INTRODUCTION: Attached is Resolution No. 3582, a resolution adopting the special assessments for the 5th Avenue/Market Street Project No. 1989-4 . BACKGROUND: The 5th Avenue/Market Street Project has been completed and all project costs have been identified. This project consisted of constructing 5th Avenue, between Spencer Street and Market Street; constructing Main Street, between 6th Avenue and 5th Avenue and reconstructing Market Street, between 7th Avenue and 4th Avenue to Municipal State Aid Standards. All necessary sewer and watermain were installed as part of the project. The following is a brief summary of the existing infrastructure in this area: 1. 5th Avenue, between Spencer Street and Fillmore Street, was an existing gravel street with sewer and water in place. All lots abutting this street had been developed previously. 2 . 5th Avenue, between Fillmore Street and Market Street, was a non-existing street and essentially consisted of vacant land. To complete this project, additional right-of-way was purchased and a new street was constructed, including all sewer and watermain. 3 . Main Street, from the alley north to 5th Avenue, was similar to 5th Avenue in that it was a non-existent street and a new street was constructed. 4 . Market Street was an existing asphalt street that was reconstructed due to its deteriorated condition and because it did not meet City or Municipal State Aid Standards. All necessary utilities were installed in this street. All construction associated with this project was done during 1991. The final project costs are $504, 641.06 and can be summarized below: Total Construction Costs $320, 196. 58 Total Right-of-Way Acquisition Costs $ 60, 176. 54 Total Admin./Engr. Costs 124 , 267.94 Total Project Costs $504,641.06 The original cost estimate in the feasibility report was $481,800. 00. The final costs are approximately 4.7% higher than what was originally estimated, mainly due to the increased right- of-way costs being higher than anticipated. The amount of engineering/administrative costs were also higher than most projects due to the complexity of this project, numerous public hearings, HRA involvement, condemnations, etc. The actual construction costs were $320, 000. 00 or about 2% less than estimated, which further verifies that the cost overruns for this project were non-construction related. The estimated construction costs excluding all legal, engineering, administration and acquisition costs) in the feasibility report were $326, 000. 00. This is further evidenced by the fact that the final engineering/ administrative costs were approximately 38.8 % of the construction costs. The average based on past projects is normally around 25%. As presented at the public hearing ordering this project and as adopted by the City Council, the 5th Avenue and Main Street portions of the project would be assessed 100% because this was new street construction. Market Street would be 25% assessed due to this street being a reconstruction. Any portion of Market Street over 36 feet in width is not assessed. All new sewer and watermain would be 100% assessed to the benefitted properties. Any replacement sanitary sewer or watermain would be funded either by the City of Shakopee or Shakopee Public Utilities Commission. All new sewer and water house services would be assessed directly to those properties that received them. Since there was an existing storm sewer in this area, and the amount of storm sewer was mainly new catch basins, small runs of pipe, some replacement, etc. all storm sewer costs were funded from the Storm Sewer Utility Fund and not assessed. Based on these assessment strategies, the final assessment calculations have been made. Of the total project costs, the total amount that will be assessed is $326, 005. 56. Attachments 1 through 4 summarize the assessment calculations and funding sources for this project. Staff will give a brief presentation on the final assessment calculations at the public hearing. At the conclusion of the public hearing, if the City Council wishes to adopt the special assessments on this project, attached is Resolution No. 3582 for City Council consideration. A complete assessment roll listing the total assessment for each property owner is included. ALTERNATIVES: 1. Adopt Resolution No. 3582 . 2 . Deny Resolution No. 3582 . RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3582 , A Resolution Adopting Assessments for 5th Avenue, Spencer Street to Market Street; Market Street, 7th Avenue to 4th Avenue and Main Street, 6th Avenue to 5th Avenue, Project No. 1989-4 and move its adoption. DH/pmp MEM3582 ATTACHMENT NO. 1 Breakdown of Total Project Costs 1. Street A. Market Street $146, 650. 36 B. 5th Avenue (Spencer to Fillmore) $ 30, 648 . 71 C. 5th Avenue (Fillmore to Market) $147 , 808 . 39 and Main Street 2 . All Watermain $ 82 , 309 . 38 3 . All Sanitary Sewer $ 54 , 135. 62 4 . All Storm Sewer $ 43 , 088 . 60 TOTAL COSTS $504, 641. 06 ATTACHMENT NO. 2 Assessment Calculations 1. Street Assessment A. Market Street - Total Costs = $146, 650. 36 Adjust for overwidth street 36 Feet/44 Feet x $146, 650. 36 = $119 , 986. 66 25% Assessed 25% x $119 , 986. 66 = $29, 996 . 66 (Total Assessed Amount) B. 5th Avenue (Spencer Street to Fillmore Street) Total Costs = $30, 648 . 71 100% Assessed C. 5th Avenue (Fillmore Street to Market Street) and Main Street Total Costs = $147 , 808 . 39 100% Assessed 2 . Watermain Portion Total Costs - $82 , 309 . 38 Includes Mainline Assessment $54 , 773 . 04 Direct Service Assessments 8 , 643 . 13 Total Assessed Amount $63 , 416 . 17 SPUC pays difference $18, 893 . 21 3 . Sanitary Sewer Total Costs - $54 , 135. 62 100% Assessed Includes Mainline Sewer Assessment $46, 183 . 82 Direct Service Assessments 7 , 951. 80 Total Amount $54 , 135. 62 z o c) Po a Cl) cf) -� � � � m0 0 Z a K ? ? > , m I m0 m ; m Dm 73m x m a cn Z 3 r- z r- -1 --i -< a m K m K D 2 11 - 1) a m m -n c a a w A rn Cl - 0 CD a b - oo rn iD rnCn cn C - 1 0 01 01 0 03 CD 1 ) m _ cii O N J O -a O 0 .cvn 43 y_3 (ate > 01 J �/ a) a) 2 .‹ o � 0) m0 D 01 o 0 0 0 o w Z n 'v 0 0 0 o O v m0 m 2 ;Z- 0 0 0 0 0 0 0 'n K cp C m ff, 6 z z cr) CDbp -co 0 0 w 0 0 0 n 0 O 0 N O O N O O O Cn -. O w w w a y 53 CO 0 0 0 0 69 � 3 m rn rn o 0 0 0 o m C() o 0 0 0 O 0 O "r1m z � 0 0 0 0 0 0 0 0M o 0 0 0 0 0 0 01 EA EA A W 01 N -.1 O 03 O O A CO 01 (D CO CO O -'I r 0 0) C) is Co v w O O N 00 (D -+ CA a D � � n o z 0.— 1-3Cr) 1_3>1 H cGi >0 ox z � oz "',-3 Iiiiiiirri:' Ii 30Fib C o �Co z z � o 0 RESOLUTION NO. 3582 A Resolution Adopting Assessments For 5th Avenue, Spencer Street To Market Street; Market Street, 7th Avenue to 4th Avenue And Main Street, 6th Avenue to 5th Avenue Project No. 1989-4 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: 1. 5th Avenue, Fillmore Street to Spencer Street by street construction. 2 . 5th Avenue, market Street to Fillmore Street by street construction, sanitary sewer and watermain. 3 . Market Street, 4th Avenue to 7th Avenue by street reconstruction, sewer and watermain. 4 . Main Street, 6th Avenue to 5th Avenue by street construction, sanitary sewer and watermain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual install- ments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1993, and shall bear interest at the rate of 7.75 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1993 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. 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 CM V V V V V V V V V V - o 0 0 o b O 0 0 0 o v Z 0 0 0 0 0 0 0 0 0 o CO 00 00 CO CO co 03 CO Co 0 > ✓ A. w N — 0 co 00 0) (n C 0 I 0 0 o b O b 0 b (J) A (- co A m (o A r N a r co A JJ N A L CO A 33 co o n co co m CO (a m `G 7 co 0 7 0 N S N =' 7 N 5 S W 0 7 W 0 7 W n 7 N 0 7 N Cl. 7 N a 'N' 3) 0) 6, A C) 0 0 0 P, 0 7 0 0) .. N <n N V N N CO X". m x m 'c m w ''- m w X. m m 'c m m x m N x m m 'r m w F m N O o 0 0 0 0 0 ,� o o o o a '� (n , v, Si) U) N 13:, < a T a U, a a N E. la 0' a (n a m - m m m m -(-1.' < m . m m m m m tD 7 • m S O m a 0 m 7 m m 7 • m S 0 S L (D S N m 7 m S D c.) • m m z m N z m a• z m $ z m o z m z m Z m z •m z •m Q O x > cn A- (n g N m 0) - (n •m (n x (r m (r c (n o (n m * O (n 0 co, N N m (n o (n o (n (/t (n 7 (n 7 V Ca J V 43 V V Ca O V -4 V Q° V m V m m 33 ril (p to CO (O CD co (D (D (o (D -. (D - 33 � C/3 N C/) 7 N c) til 7 z z H co m r Co m r co m r co m r CO m r co r co r W N Z 03 0 (o m x x O x x 0 x x 0 x x O x x 0 x 0 x 0 r- - x m D -( > -4 > -I > -1 > -( D -( D -1 7C m rV D n) T O x co -. x5,) (0 x ° CO Z V X CO (3) '( N T. A cn O 7C 0 O K V 0 co 0 0 0) 0 0 o, m 0 co 03 0 w co 0 m 0 W a' N T O 1 T ^' v CO v r m r - r v r T r m r co O T N r co -x N m 0 m p z m O Z m O Z m O Z m z m z x m O m o0 01 S. O T 73 V T 33 V - = V T 33 V T T V T W T W T O 73 r V r r r r r r r 0 0 > rD-- > r D r- D r- D r > > -0 D R° D (n Q° m I C 1 r 1 r- 1 r- "( r- 1 r 1 1 r 1 w co z r -< - { � - m 0 Z N) x Gm) N Z O D co 0 0 '-1 r O D 1 m O Z 0 N 'R., v z D (o n D m tirn m D 1 m > N 21 D (n Nm0 33 m co I K m z 0 D m 1 O m N x co m m m x n D m co 1 M x co co -1 D 1 D n m CO T m o (n 0 -1 N y 33 D O CO (o co m co T N 0 0 0 O O N O O comm 0 0 m O O O O O O 0 O o O z z O O O O O O O O O 1 -( 1 0 O z T C r K O w 1 m (n13 1 K of O D = Q., Z 0 (it x (0 < ND -( m 0) m -4 D x z v co T crl .D M r = O 0 < O w w w w - w n Am m N m N N N N 0) OD N (o (C 0 1 N N N N 0) (n N co co Z O o 03 r O O O O (n N 0 0) 0) 00• D m z Am N• T --1 mp -Ni z 1 . 1 > > > co O (,) z m r- co z 1 D co co 1 (cip 61 n co W EA co W - N EA co A A (0 0 1 (n N N N N 0) W N (0 (� D 0) N N N N W t N o Z r 0 0 0 0 (n N O 0) am 1 V V V V V V V V V 73 1I I _, _,-4 _, _. 0 y. N N N N N N N N N Z D O 0 0 0 0 O 0 0 O O O 0 0 O 0 0 O 0 0 (O CO V (3) V) A CO N Io 0 I 0 0 0 0 0 0 m (n (7) 0 (0 0) 0 Cn 0 (n 0) 0 (n 0) 0 CO Co CD (n a> CO CO 0) co (o 0) (n `t7 7 0 m S O m O o- m S O m o- O m o- N L 7' N L S n, L o- N O_ `f.) N 0) N 0) o N 0) ID W d W a>O) 0 N O co O co O y O 0 7c co o 7c (n 7 Jr 7 7c /n 7 x w > x m 2 7c m 2 7c m 2 7c m 2 O O o O o O m O m O m O m (.� 0 D n D D D > a D — a — m m m K m K m K m OF o OM m O m m O m n m m Po m o C» m m A. an d F0 m m R. m 0 m 0 -- m 0 m 0 7c < 7c < is < >r < x < O 0 0 _ O " K m m K m m s m m s. 0 m K m m K 2 0 K S o s. 2 0 K S o v Z (^ m Z `^ m Z (� m z ( m Z /n m z oz z o -a z oT z o -a o 2 > UN) • N ((717) :.[ N ((n7) �.t N (t7(7) 'f N ((J1' ,.-.f W ((717) 0) U 03 c0, 00) W Co `L co .T) CO .n co T CO T CO T CO CO CO CO z m N (D Cr) 43 CO (O Cl) 4) cn (O Cl) r0 (0 co (D zi 2 Q) 3 3 3 3 VI 5 9 s s 9 z H C• o CO CO CO CO c0 C ° C ° CO r 'i r -i r 1 r -I r -4 r- -I r -4 r H r '"'1 CO V) CO A CO W CO N W -' CO A CO CO CO N CO 2 r Jral co2 r Ol 3) Wr 2 r M Cl) ill 2 cor in co in 37 rr 2 co 37 r- 33 O 33 O 30 O 33 O 330 33 O 33 O 2 O 2 0 -< 0 -< 0 < 0 -< 0 < 0 -< C) -G 0 -< 0 { 0 K K 7: K K K K K z K x K 0 D N m N D N D N D N D -• D D D - m O0 0 0 0 0 0 0 0 00M T T T T T T T T T -moi rD- 0 (n (n (n Cl) (n (0 (n (n (n Z -i -I -4 -1 -4 -4 -1 -4 -I O 0 0 0 0 0 0 0 0 O 0 0 0 O 0 0 0 0 -1 - -r -I -i = --1 i 11 '5 O O O O O O O O O z z z z z Z z z z > Cn m o 0 0 0 0 0 0 0 0 D m N N N N N j 03 N N V 0) (T (T V) N N m > m ( 40 co co co VD) co 2 (n D 0 0 0 0 030) 0) ((A cft (OO m m O O N N N N 0) 0) O O (n m Cn V V) Vt () (T -` N N (n 2 M A A A A A W W CO Cl) CO 0 0 O 0 CO W 01 0) en m z (0 to w (» cn co (0 rfl FAco D O W NN_ _N N_ O O O O m rnm _ N3 N V V co m W 0) 0) 0) _ O O CO 2 (..7 - - - - (T V) - - (0 O co O O N N V V W m (n * m m 2 A (((n� 0) (T 0) N - N ( MD N A V (W.) 0 N (T 0) (0 m O rl (T O O (T W 03 O N O 2 C) (n 1 D -4 > • m Cn T m 0 0 0 0 0 0 0 o O O N N N N iv j N N (n S D (7) (T Ut N N N W C m T co V T 2 K O O Z Z co O z m c r K O Co -1 m CO 2 -I K th • - -12 to to m a ()n ((An co a) = W < (O 10 -(0 (0 Co -co _. D 1 m (A7) 1A7) (A7) (7) A.10 A N N < V) > Co 07 'to m (n (n 47 (a m 2 0 CO (0 A A CO CO Oo 0o 00 � T O) me-2 0 0 < p m M m z 0 r O• 33 0 O D V) Z m7C ((AA co K T •-1 ✓ m O -y-1 Z A -I 1 D K O D X 33 Om 0 to Z q K I- CO Z • D Cil O -i w 10 m 43 (0 m CO( CO(Am O (O V Cu 03 -CO N N 0) 0) 0) D O _. A O V O (.3 0 A Z 00)) co 03 CO W CO CO (0 10 •-I N N N N N CO N N N -u (J1 V -4 V V V V V V v b b _ 3 I (o (n b o - 0 x o O O O O — — Co co rn — co (n 0 0 0 0 0 Z > A CO CO CO CO NA W JO 0 �' O 0 CO b b b b 0 0 m (n - (n CO - COCO - CO - (1)to (. U1 0 co - c- Cn -- c- Cn rn o Cn cc) O '0 N 7 7 7 N 7 7 N 7 7 N 7 7 0 0 7 V 0 7 V 0 7 0 0 7 0 m Co (0 CO 0) co . CO (0 C) 0) (O CO to N C) 0 7 y 0 7 CO O) C1 Co O) CO F m F F m F F m F F m F F m O F co 7 F 01 7 F 7 (T; (0 7 0 a a _, "0 _, v° 73 _, 73 73 A ..< a QO 13 < F° 0 D i D 1--1 m — m m m °m = m m = m m m CO v m CO w m w fw m m 9, n Z m• D Z m D Z m D Z m D Z m z < 0 Z < 0 Zm Z m Q 71 cy, 01 m (n m (n m 01 c2 7 (n . 7 O C01 U01 C01 (UST71 C, 7 (T W (n W (n co co co G -0 Cn co ca V C.) J V ,m V CO O. V m V T V -n Z m33 tri co co co co co o CO (o Co cn CD Cn 11 '- 3 3 tri Z H 1 CO r D Co N W CO m CO W - - N -4 5 A •p r r,-7, c r c r m < r m m 7 0 A 1 0, O u1 O m O m co C O o r- O -• CCCn 0 Q' D D -1_ Z -1r -I r -I o O - o m -i x w 13 N W v CO ch OG m co -' MD _, D { N m o - M > (nZOcomw cnO ODO m O -, z °) O to v z N Z 0 0 '< 0 -< 0 Cn W O N vz Z 'D Zm O w m (0 K KZ c3 7) O NV7) (nNW 0 Z0NZZCC ZAZ 0 m N m N m N O N (n N i en N 0 Zj iCO > > 'n 33 A ,, 0 ^ * m 0 i., v 0 m m o o 8 rm 33 N m a CP, 0 m CO D K z z 0 0 3) 0 s CO D 0 - N cn ? 0, x m o 0 co D Cn z z m m -{ r � � p o � a � x Cl) o o xi o m O a m 71 77 -. CO W m O > D Cn Cn Z - Z �. >< 33 01 r r 0 O o -I 1 co m 0 77 { 0 0 > D H * x m N Z Z z CJ 0 A` 'I = O a z z () 7) o 0 0 - 0 0 0 0 D m W .+ N -.. V N N 01 N 0 CO CD (n N w 0 0 w V m D H • m m W EA A V IV FA 7' (n D CA En « Cn M m m co Iv 0) w co(.11 (0 CO w v y 33 (w0 coN0 V A Co _, Co CA.) Cn (n K m z D -I p N co co cel(n co GI fn coN C Cn D N V N A A CO CO CII j m m m CO CVO co coA (n Aw os m CO CO 7) Cn C.) — A (U) (71 -.. (.) 0/ 0 0 N O Cn w (o Cn Cn m m kA 33 no A fA 0 O V CT co(A V V U1 N A N CO j m D A (Nn V co m o O U1 (n co 77 CC V) D •• m CO T m _ O O O O , 0 --4 bo ._ m n D Co Cn N V CO CO co cn m T (n N - (T� 7) co A Cn (n 0m O O Z o 0 V 0 -I -1 -4 CO O z m C r K O W -I m CO 3) 0 > II D = Z A A w 0 WA D o m (0 (n CO CO N 0 C< C Z V N-'CT CO N = CO m 01 m z n 0 < m al al m v m z O r coto „,v) 0 >mzz to to, ci) -sr. � -4cn U)� m O 0) A C) 0 A A -I O "I D.to D. D co O M coz K _i Z • -4 D CO Cf) CA V) (n _I CO CA co coct0 Cr)A W N N OD V W - O ✓ 02 -CD w N N A A (O D co V Co A V (0 V CT V r- -4 CO CO Q) 0 01 N CO O (O A O Cn CA Co A (J) Z N N N 0 A CD 01 --I N N N N N N N) -1:) Cit -4 -4 V -4 J V -1b :- —7 o o 0 o z 0 0 o m 0)0) 0) Zo o - -. oo a o N)) o 0) cn w (0 43 w C b b b b b b b m cnrno cern - pwx mcn * (nwm cn t• ` (P - cn - W 0 S W 0 - 0) 0. v 0- N n 7' A 0 7 n) 7 PV 0 O < 0) O) 3 co --4 f - 3 co N F 0 V 7 0 c0 0 o m a o m a " m w ° o m ° o o m o a m y () co a 0. -0 y D a _. -0 �. 9 A 0 L m K m pa m °i m m 0, m C17 0 7s» m s Zx ` m D- � m m Q° m m C7 m p •Z• m Q 7 m th j il o) ZmQZ0 Z m •D 0 37 > 4im' y W° w CO -1 mv(n m v 0 wCO 1 Z 33C../)i no m oCO0 0 m CriD 0 37 w a 0 -< 33 m a 4-5. CA z H I— v r r r r Co N CO p CO (n cn w O Z CO 1- -1, p D 4^ A cn - K O m (oO ma mmvop -4 m9op . mZ � T0mmNDc mamV ! p ^X ^) X ) w M GD D nmr m m -I i p -I >m OWDn- o, , cy) ZpT z -< O z � O zmzo z -- - -- zo -4 jzo -IK11zz - NI D ° p m 0 o O - O 0 - 3J -- 0 cnpX C -, (n O ( OC3) T = > 3rs, = 3l D D Ncn A > O O T r > 3JT` O3mO 33 0 m 40411M3J 0 O rO O 0NK (nnO N CO O N --i j D N ZpZ 9 w _ °° CAZ m Z• W 0 -. 37 CO _< m DmA mNo a Wpz m - m 'D ao m • N -i R= GJ 3J 31 x --1 r tri 3) r w o W _i D n) p ,(cn y )u p W m Q° -< to N) Z to 33 --• -I1 y m Z -4 Z - O o p 0) a,0 cn • ` m N T 03 m = r- MO I— _ mZT • Z Z r O ^) D (n O 3J o o O o o D m 0) 0) Co i0 0) )0 (0 N w v m D 1 M N N W W 69 CO • (f) D D O) O W CO A y CO m m 0 o co A co cn 3J cn O W A O cn 10 10 O V D) m Z w w w - en cr▪. 0 ao N)) cin am n Cl) m 0) 0) co w t0 W W A A O) Co (.) W O co A CO cn m `; ' 33 69 01 5 w In (Nn CO p N O O (n m CO -4 (n O (n CO O 1) Cl) Cl) D n m O• -I en cnm o) _ T N (n T 3) o O O O co 0 0 m m z o 0 0 0 0 -4 -Z- 1 Z - Cl) O Z T c ✓ K O co -im o o CO 33 O D 3: - Z D D m M 2• Z 0 v mr• r- s n m < m � m 30 m Z O r cn• 31 01 O 33 F9 69 N CO CA -{ m ( CO VO t0 O (O A C T -1 (1 Cn A A fn ()) V m 18 -4 • 0 CO0 A V Z- 1 '--I Cr)• > D y O x m co K z D 0 o m r _i • 0 0 2 -i D cn cn 03 (4 i h .69- CO M O CO41 69 100 _. A CO -.1 CO co b O CO V E D 0 0 o W CO co+ o Z r O O O A co V -I O O N N N N 0 N N I V J V I J G O b X 0 O O o 0 0 -D O o co wao w w cn 0, Z 0 0 0 0 x 0 o 0 (0 () A CO 0 o C b b b b b b rn (n 0 w 2 Co V O cn J r (n 0) K (n - 0 Co J O (n J "V D - w -' ° m )D w w03w07m— CO w .< A7 7d Z N N m 0 x 0) A- A- m w F m = O m m in 9.. m ` cov © mm w m mD 31 K 31 Q m g m m � Zor � m = < o Kco f K < o K � K < N v H • m (ui Z • m z m co Z Z ' m Zr- Z m s, O W a >r D m w 0) ° 0 W 0) m w S w Z "0 C/1 0 0 0 (JD (Jo (Jo m CD 0 (JD m 3m1 C=7 O O w (n o 0 0 Cr] m m '--3 n n (/) m0 � r0 m0 g0 m0 mm • mG* z 3 `4 3 W 3 N K � K m N w m •(mo 0 o v± m W mm mPe mW mA p Wr0 � O � 33 31 X 33 . 31 31 th z 7C T Z T m 7pc 0 7�C -. pc 0 X "0" 0 N -. O z x -33 7C - 557C W (n O Q, In m0 0 w 0 - O O o Co 0 > m s* D Co mm 2 (00 2 W 2 m 2 0 S Z 0 Z 0 N r m m r- m r m m w 0 0 r z Z W vi Z O z Z 0 z Coo z O N 330 vi to 0 w C vi D D 0 D W > D 0 -,0 -‘ r O O OO A O 0j 433 Z Z Z Zw Z Z Z 0 (A 0 -4 0 NO A A 0 0 003 > 0) o o I-• A cn (D Co II > , 31 m77 N m rn > -4 m A 0) 77 ) cn2D 0o c m (n co co 31 0 Co 0 N K m z O- O v, y * N T T A (n -D-1 T T (T7 O O w 0 3) 31 31 0 A K Cl 2 Cn Z 2 rn 74 ?a m >cn i II O A xi T cnC/) F r D 0 3) .� m OT -4 ri u Co 0 37 D N (n 2 m 0 A o (71 T 33 rn - N J O 0 O m O 0 A z -I 0 - 1 CO 0 z T C _ _ _ r W o w O to 0 0 0) 0 0 -1 10p �' 0 0 0 0 0 (n 31 - K co to 0 D 2 A z 0 r 711 m coo m 0 D Z (w0 2 O (n T N -13 rr- -1,- m O 0 < w m mx rn 0 31 m a Z O °D r K cn co 0 D33 in - Z 7C 44 r 0) m ZS- _1 'co 'co • -1 -4 a) m CO > D in 0 NO A co in in fA N (A to Z co co lo co 0 0 0 0 0 0 0 m r (n 0 0 0 0 0 0 o Z 0 0 0 0 0 0 0 m > co N (A (n 0 N iA iA (n ZI O J A CO C (o co w 7. D (OP (CD o 0 0 0 0 0 Z r 0)) co 0 0 0 0 0 0 -4 v v, — b X o a m > > - b 3 ]J > -� < O _ M1 m D • Ci7 m ., -3 N T o Z T 0 ,s3) 0)0 0 3 03 , D Z n mm mz T T � � m ni 000 -n0 0 -033 V) (n D O T r D nil ooOKoco0 m -- --1 m n n u m u C1) 0 m 3 r- O z � V W CA fA cn w O CO A W O + N in O Q) A W n 7J m m D m D coM c rj,3 m z N D m m D c m m o D m > cn m CI) tr) D -4 D n m N O -I y D w m m T m O z -4 O z T c r- 0 O co c m 1 t O D —Oi Z > DCI'i m < > (/) T_ fl) m r z n O < m 33 m m z O r- > 0) m m O 3) T m8 � Z • -4 > O Z M Z • m O cn � r z /1 Rt.+,r,�I=D MAY 41992 Cfly V - S� PE Judith S. Cox City Clerk CITY OF SHAKOPEE 129 East First Ave. Shakopee, MN 55379 Re: Proposed Assessment to Parcel Number 27-906036-0 for 5th Avenue Project No: 1989-4 Dear Ms Cox: This is the written objection of the undersigned property owner to the proposed assessments . I do not believe that my property is being improved by the extension of 5th Avenue . My property has one house, the family homestead. Otherwise, it has not been changed from its natural condition and I have no intention to do so. I want to preserve the property. The extension of 5th Avenue did not make the property worth more to me. An assessment in the amount proposed far exceeds any benefit to the property. The property does not generate income for me and I cannot afford to subdivide it or sell off lots . I want to keep my land as is . I have no plans to sell or change it. The assessment would be an extreme hardship. I hope that the City Council will consider these comments s''ben determining the assessments . Thank you for your consideration. C7k1.4—i 77)21Al_6--Aj Dorothy J. Ten Eyck /I T 7 c-/7A Cs- , C (e_- 1< Vtzc.- /c? ?__ ;�: e / ±( 2s '; 5 0" ; 50" ( _ �" c o(-5-v- P Pc---\-(-- q ce.)'/\ rr ,l___Lc.,_ ../ s 1 1-1---c-, --{- . z c )U . 22-. ? a 6//s- c, 0): - , .V440A.:A APR 291992 CITY OF } '' 'EE J ) MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Applications for Rezoning Minnesota Valley 7th Addition Laurent Builders, Inc. DATE: April 27, 1992 INTRODUCTION AND BACKGROUND: At the April 21, 1992 meeting the City Council tabled their decision on the two rezoning requests for the Minnesota Valley 7th Addition. For background information on this request please refer to the April 21, 1992 City Council packet (Agenda Item llf. ) . PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of both original requests which included the following: 1. Rezone the R-4 portion to R-2 and R-3 . 2 . Rezone the B-1 portion to R-2 . As noted in the City Council memo, a slight readjustment in the lot lines in the southwest corner of the proposed subdivision would not require the R-3 zoning. An R-2 zoning change is appropriate. The applicant is in agreement with this configuration. ACTION REQUESTED: Offer Ordinance No. 331, A Ordinance of the City of Shakopee Amending the Zoning Map to Rezone the Eastern 30 ' of Vacated Portion of Polk Street from B-i to R-2; Rezone Outlot A, Minnesota Valley 5th Addition From R-4 to R-2 ; Rezone Unplatted Land Southeast of Outlot A, Minnesota Valley 5th Addition From R-2 to R- 4 , and move its adoption. ORDINANCE NO. 331, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP TO: (1) REZONE THE EASTERN 30 ' OF VACATED PORTION OF POLK STREET FROM B-1 TO R-2; (2) REZONE OUTLOT A, MINNESOTA VALLEY 5TH ADDITION FROM R-4 TO R-2; AND (3) REZONE UNPLATTED LAND SOUTHEAST OF OUTLOT A, MINNESOTA VALLEY 5TH ADDITION FROM R-2 TO R-4 . WHEREAS, on March 16, 1992 , Randy Laurent of Laurent Builders, Inc. submitted an application requesting rezoning from B-1 (Highway Business) to R-2 (Urban Residential) of land owned by them described as the eastern 30 ' of the vacated Polk Street, legal description attached as Attachment 1; and WHEREAS, on February 10, 1992 , Randy Laurent of Laurent Builders, Inc. submitted an application requesting rezoning from R-4 (Multi-family Residential) to R-2 (Urban Residential) of lanc owned by them described as Outlot A, Minnesota Valley 5th Addition; and WHEREAS, on February 10, 1992 , Randy Laurent of Laurent Builders, Inc. submitted an application requesting rezoning from R-2 (Urban Residential) to R-4 (Multi-family Residential) of land owned by them described as unplatted land southeast of Outlot A, Minnesota Valley 5th Addition, legal description attached as Attachment 2 ; and WHEREAS, public hearings were scheduled for March 5 , 1992 , and April 9 , 1992 , and notices duly sent and posted, and all persons appearing at the hearing were given an opportunity to be heard; and WHEREAS, the Planning Commission reviewed this request at their public hearings on March 5, 1992 , and April 9 , 1992 , and voted to recommend approval of the rezoning requests to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That the zoning map adopted by reference in City Code Sec. 11. 21 is hereby amended by rezoning the eastern 30 ' of the vacated portion of Polk Street between 10th Avenue and 12th Avenue (legal description attached as Attachment 1) from B-i (Highway Business) to R-2 (Urban Residential) . Section 2 - That the zoning map adopted by reference in City Code Sec. 11. 21 is hereby amended by rezoning Outlot A, Minnesota Valley 5th Addition from R-4 to R-2 . Section 3 - That the zoning map adopted by reference in City Code Sec. 11.21 is hereby amended by rezoning the unplatted land southeast of Outlot A, Minnesota Valley 5th Addition (legal description attached as Attachment 2) from R-2 (Urban Residential) to R-4 (Multi-family Residential) . Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992. 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 , 1992 . COISENT Memo to: Dennis Kraft, City Administrator From: Mark McQuillan, Recreation Supervisor Subject : Walk-a-thon at Memorial Park Date: April 22, 1992 Introduction Candy Buranen of the Scott County American Cancer Society is requesting permission to use Memorial Park on July 24 and 26, 1992 to conduct a walk- a-thon for the Scott County American Cancer Society. The walk-a-thou will start at 6:00 p. m. on the 24th and end on the 25th at 12:00 noon. They would like to be in the park during after hours (between 10 p. m. - 6 a. m. ) . Background According to City Code Sec. 14. 03 Subd. 3 states, "Hours. It is unlawful for any person to be or remain in any park between the hours of 10 p. m. and 6:00 p. m. except those who, without delay, are traveling through the parks on established walks, paths or streets or are in activities that have been scheduled by proper City authorities. " Since the walk-a-thon is not a city sponsored event, the organizers of the event will need the City Council 's approval to conduct the event after hours in the City Park. Staff has no reason to object to this specific event as long as the sponsoring organization, the Scott County American Cancer Society, provides adequate security in the park so all participants are safe. The Scott County American Cancer Society has assured us that they will have adequate security for this event, especially during after hours. There is only one drive-in access road into Memorial Park and it does have a security gate that can be closed. Alternatives 1. Permit the Scott County American Cancer Society to use Memorial Park after hours from 10:00 p. m. Friday, July 24 to 6:00 a. m. Saturday, July 25, 1992. 2. Allow the walk-a-thon in the park only during the legally permitted park hours. 3. Allow the walk-a-thon during the requested hours and days but at a different park. Recommendation At its April 27, 1992 meeting, the Park and Recreation Advisory Board recommended to the City council to permit the Scott County American Cancer Society to use Memorial Park to conduct their Walk-a-Thon and to allow them to be in the park during after hours from 10:00 p. m. Friday, July 24 to 6:00 a. m. Saturday, July 25, 1992. Action Requested Move to permit the Scott County American Cancer Society to use Memorial Park to conduct their walk-a-thon and to allow them to be in the park during after hours from 10:00 p. m. Friday, July 24 to 6:00 a. m. Saturday, July 25, 1992. Memo To: Tom Steininger, Police Chief From Mark McQuillan Subject : Request to conduct an activity in a City Park after hours Date April 16, 1992 The Scott County American Cancer Society would like to conduct a Walk-a-Thon on July 24-25 at Memorial Park this summer. Of course, the purpose for the Walk-a-Thon is to raise funds for cancer research. The event will begin at 6:OO p. m. on the 24th and conclude at 12 noon on the 25th. They are asking for permission to be in the park after hours. In order to permit this activity to occur in the park during after hours, we will need City Council approval. I have already discussed my concerns regarding park security with the leaders of this event. They have assured me that adequate security will be provided. I also received a similar request from the local Girl Scout Troops. They would like to use the Community Youth Building for an overnight on Thursday, July 2. They have done this sort of thing in the past with City Council approval. I would like your comments before going to the Park and Recreation Advisory Board and City Council with these requests. " /7-5- Z(/?. /i 754 aW1,--/Z e:Z(('4,'.-!(-7--" ,ate -e/ alit-116?-/ iL•{f f ?' ,AitL - %Zit/t a Gel �'.��'y� �C ^ r�, • ��/i, yam. _ �; �; �l7 �L C� ' iC 67Q-lf;/ . 1 ii;L 17cr� .�G"'%�L(c 'L✓ ee t C' _aze_, _cep, f. eLi'. ""�/�✓'`� �r�.!'l�{ 1 %lcE= �%��l� ..-L71 !�'l� (I'(�I." �•�• «i Q��� ,C�� �r�Truer�C � To : Mark McQuillan Shakopee Community Recreation From: Candy Buranen Chairperson, Scott County American Cancer Society Re: Scott County Walkathon for the American Cancer Society Date: April 14 , 1992 Regarding our conversation of today, I am requesting permission to use Memorial Park on July 24th and 25th, 1992 for a walkathon for the Scott County Division of the American Cancer Society. The walkathon itself will begin at 6 :00 p.m. on the 24th and end at 12 :00 p.m. on the 25th so we will require permission to be in the park after hours . I 've attached information explaining the walkathon and the variouscommittees involved. As you can see I 've also included Security to the committee list. Thanks Mark for your time and efforts concerning this great cause . THE MINNESOTA SHUFFLE WHAT IS IT? The Minnesota Shuffle is an 18 hour walk/ruunenhich involves teams of ten people who take turns walking during the 18 hour t. HOW IS MONEY RAISED FOR THE AMERICAN CANCER SOCIETY? The members of the team collect donationsortthe AmeriscanECancerrnSocr ietythe with the goal being to raise more m0nreceivesthan the a prize so it is a team effort, not team that raises the most money just an individual effort. Donations are ofo lectedtfor the event and not or the number of laps completed, the a WHERE IS THE EVENT HELD? people to walk; a park, a track, an athlet It can be held aarkhwithtaawalking t stak is ideal . field, etc. A p WHEN DOES IT START AND END? • The event can be scheduled wheneverit a Friday tc lseems the andmost end atnoonconvenient . on It seems work well if you start at 6:00 Ph1 should be scheduled during a time when other ACS events are not being schedule WHO CAN PARTICIPATE? Anyone of any age who can move around a track - joggers, walkers , roller skaters, individuals in wheel chairs, etc. ` t HOW DO WE BEGIN? Recruit a chair or co-chairs for the event V ntwhask willqurecruit ollnt°ers for h r various committees. Then read this booklet, just get started. Il 'S EASY TO ORGANIZE! IT RAISES MONEY FOR A GREAT CAUSE! IT' S FUN! SUGGESTED COMMITTEES AND THEIR RESPONSIBILITIES 1 . TEAM RECRUITMENT: recruit team captains who will organize teams for the event. (Big responsibility - especially the first year) a. Suggestions: families of cancer patients, corporations , businesses, police and fire departments, hospitals and clinics, public health nurses, neighborhoods, service organizations , teachers, high school students, law firms, realtors b. Encourage people to form a team and challenge another team to see who can raise the most money (for example, high school students may want to challenge a team of teachers, Rotary Club may want to challenge a Kiwanis Club) the person c. When an individual agrees to be a team captain, give a "Captain' s Envelope" which will include the following (samples of the forms are included in the back of the booklet) 1 . 1 letter to the team captain 2. 2 team rosters 3. 10 envelopes for money 4. 50 receipts for donations 5. 10 team information sheets d. The team rosters should be returned about I month prior to the event so you have enough time to order T-shirts, food, etc. e. It is important to send out reminder memos to team captains so rosters are turned in on time and money is collected prior to the event. f. An "Informational Meeting" is also helpful for recruiting participants. 1 . The Informational Meeting should include a presenta- tion about the event, a question/answer period and an opportunity to register to participate . 2. If a person agrees to be a captain, have the Captain' s Envelopes available for them. CORPORATE SPONSORS, AWARDS AND T-SHIRTS: Collect corporate sponsor donations, order T-shirts and awards. << a. All expenses should be paid out of corporate sponsor donations. These expenses may include T-shirts, food, signs, advertising, etc. Major businesses, corporations, etc. are possibilities . b. Awards should be given to each member of the team that raises the most money and to each member of the team that completes the most laps. A corporate sponsor might want to donate the awards instead of or in addition to money. c. Order T-shirts with your logo and the dates of the event. T-shirts should be the theme color for the year. FACILITIES: Responsible for everything needed at the event site. a. Areas of responsibility might include: 1 . Obtaining permits to use the park or facility 2. Talking to the city or person responsible for the area about preparing the area for the event (mowing grass, spraying for mosquitoes, having garbage cans available, electrical supply and any other physical plant needs ) 3. Obtaining the tables, chairs, extension cords, tents , first aid kits, banners, balloons , etc . 4. Recruiting and scheduling volunteers to help set up , take down and help patrol the area for clean up during the event. PUBLICITY: Advertise the event throughout the county. a. Use newspaper, TV, radio, posters, fliers, etc . to let everyone know about the event. b. It is beneficial to have several key publicity goals : 1 . inform people of the event and recruit people to participate as captains or walkers 2. remind people of the event and inform them of the entertainment 3. publicize the event as it is ocurring and after to let the people know what happened (good advertising for the next year) c. If possible, have the local radio or TV station broadcast live from the event. d. Have your local Chamber of Commerce put the event on their calendar e. Advertise in company newsletters, church bulletin or any other available resources f. It is important for the committee to creatively name the event and design a logo that can be used on all advertising. Use the theme color for posters and fliers. cc FOOD: Make all the arrangements for the food that will be available for the event. a. Since people are going to be at the park for 18 hours, food will become an issue. b. Some options are: 1 . have everyone bring their own food 2. have a local restaurant set up a mini-restaurant and sell food 3. have a food stand that sells hot dogs, cokes, etc . 4. have pizzas and pop donated 5. schedule a continental breakfast 6. have a BBQ c. Suggestion: 1 . get donated pizzas and pop and have a midnight pizza party for the walkers 2. have a Continental breakfast available for a fee - rolls, muffins, juice, coffee 3. have a noon barbecue to coincide with the awards ceremony at noon on Saturday (try to purchase the food at cost using corporate sponsorship money) This is a nice way to say thank you to the participants and to keep .people around for the awards ceremony. d. It is also important to have a water supply available. Suggestion: have a bottled water company or Culligan donate the water e. It is nice to have hot coffee available during the night when it gets chilly. REGISTRATION/MONEY: Register participants and collect and total money. a. Set up a registration table 1 . have everyone check in and collect their T-shirts 2. have people confirm meal reservations 3. issue and collect evaluation forms 4. record laps 5. serve as an information center 6. have ACS literature available 7. if you have videos, check videos out and in 8. schedule volunteers so there is always someone at the registration area - have more volunteers during the early hours of the event 9. message center b. Money Tent 1 . have paper, pens, adding machines, etc. 2. collect, count and record each team's total 3. post team totals 4. update team totals as additional money comes in 5. should schedule 2-3 people to work in the money tent at the start of the event 6. hand out thank you certificates (sample enclosed) c' SIGNS: Prepare all the signs needed for the event a. Use a heavy canvas so the signs can be reused b. Paint the signs using the theme color c. Laminate cardboard and paper signs so they aren' t ruined in the event of rain d. Possible Signs 1 . Minnesota Shuffle for the American Cancer Society 2. Registration and Information Area 3. Corporate Sponsor Thank yous 4. Donor and Volunteer Thank yous 5. ACS Banners and posters 6. Entertainment/Activity Schedule 7. Breakfast $2.00 8. Money Tent 9. TV and VCR Tent e. People like directions and signs help f. Enlarge the corporate logos of the corporate sponsors and use them as a part of a "thank you row" ENTERTAINMENT: Recruit and schedule entertainment a. Entertainment can include: 1 . live bands 2. sound and light shows 3. karaoke machines 4. singing groups 5. horse and buggy rides 6. demonstrations (wind sailing on water, etc. ) 7. fireworks 8. clowns b. Arrange for necessary equipment 1 . bandstand 2. electricty to donate money to c . Use the entertainers to encourage people the walkers or the donation bowl (have a large bowl by the stage for people to toss money in) d. Have an opening and closing ceremony i . Opening may include a welcome, announcements , someone singing the National Anthem, etc .hwhile(stressidea of having fun while helping ) 2. It is fun to have everyone present twalk 4lthe first rstel ap t i c'�'. 3. Closing will include a thank you, Also, announce and an invitation to attend again next year. the total amount raised. OTHER SUGGESTIONS: 1 . Have all the money collected prior to the start of the event, so bills do not have to be sent. This reduces billing expenses and the additional work that is involved. v 2. g Encoura a people to stay for the entire eventt haaeepfun actieiities planned soo people want to stay. If you have it in a p sleeping bags , RVs, etc . so they can stay overnight. 3. Use time lines so everyone knows what needs to be done and Vhen. 4. Make the area look festive - use balloons, banners, lights, etc. 5. Take pictures or have someone video tape parts of the event. 6. Sell any T-shirts left from the previous year. 7. Set up a tent with a TV and VCR; have emovvienot jaavailable for people who would like to watch them whenthey 102Q. CONST 1 Memo to: Dennis Kraft, City Administrator From: Mark McQuillan, Recreation Supervisor Subject: Renaming of two parks Date: April 17, 1992 Introduction At its April 27, 1992 meeting, the Park and Recreation Advisory Board approved to recommend to the City Coucil the renaming of two city parks. The two parks being renamed are Eastside (JEJ) Park and the Hauer's Edition Totlot. Background On April 16, 1992, the sub-committee of Paulette Rislund, Ann Seifert, Mark McQuillan (staff) and Sherry Dvorak (staff) met with Jim Cook of the Eastside Park Steering Committee to develop new park names for Eastside Park and the Hauer's Edition Totlot. The Park and Recreation Advisory Board approved the sub-committee's recommendation at their April meeting and now is forwarding the new park names to the City Council for their approval. Several names were suggested for each respective park site. They were as follows: EASTSIDE PARK: HAUER'S EDITION TOTLOT: *FRIENDSHIP PARK *DIAMOND PLAYGROUND *JEWEL PARK 'EMERALD PLAYGROUND *DRAINAGE DITCH PARK *VALLEY VIEW PLAYGROUND *UPPER VALLEY PARK *HAUER'S TOTLOT *VALLEY PARK *KID'S PLAYLOT *SHAKOPEE PARK *GEMSTONES PLAYGROUND *HIGHLAND PARK *RUBY PARK The committee narrowed each list down to two or three most preferable choices. From there, the committee chose these names: 1. Old New Eastside (JEJ) Park Scenic Heights Park Rationale Scenic Heights was chosen because the area, when it was first platted, was refered to as Scenic Heights. In fact, many of the residents living in the vacinity of Eastside Park have their property tax statements referring to that area as Scenic Heights. 2. Old New Hauer's Edition Totlot Emerald Lane Totlot Rationale The totlot is located on the corner of Emerald Land and Diamond Court. Emerald Lane connects to two other roads and therefore, makes it easier to provide directions to the park. Another factor is that most of the streets in that Development are named after gemstones. Alternatives 1. Accept the PRAB recommendation to rename Eastside Park to Scenic Heights Park and to rename Hauer's Edition Totlot to Emerald Lane Totlot. 2. Choose a different name. 3. Do nothing Recommendation Alternative #1 Action Requested Move to rename Eastside (JEJ) Park to Scenic Heights Park and change the name of Hauer's Edition Totlot to Emerald Lane Totlot. CONSENT Memo to: Dennis Kraft, City Administrator From: Mark McQuillan, Recreation Supervisor Subject : Girl Scouts Request to use Community Youth Building for an overnight Date: April 22, 1992 Introduction The Cannon Valley Girl Scout Council will be conducting a week long day camp program at Lions Park June 29 - July 3. The camp will operate from 9 a. m. to 4 p. m. daily except for Thursday ( 1 p. m 8 p. m. ) . The Girl Scouts would like to use the Community Youth Building for an overnight on July 2 for the older girls. They are also requesting permission to use the Community Youth Building to house their Day Camp staff ( 10 people) throughout the week. Background A similar request was granted by the City iproblemsyCouncil in 1989. The program was well supervised and no Arrangements will be made to allow the scouts to use the Municipal Pool 's showers, if needed. Alternatives 1. Approve the Girl Scouts request to use the Community Youth Building for an overnight and to house their staff from June 29, 1992 to July 3, 1992. 2. Deny request to use the Community Youth Building after hours. Recommendation At its April 27, 1992 meeting, the Park and Recreation Advisory Board recommended to the City Council to approve the Cannon Valley Girl Scouts request to conduct a youth overnight at the Community Youth Building and to allow their staff to be housed at the CYB from June 29 to July 3, 1992. Action Requested Move to approve the Cannon Valley Girl Scout Councils' request to conduct a youth overnight at the Community Youth Building and to allow their staff to be housed at the Community Youth Building from June 29, 1992 to July 3, 1992. • SHAKOPEE COMMUNITY RECREATION us PICNIC PERMIT - CV's Date Of • • Day Camp June 29 through July 3 Location Lion's Park Shelter No. ? &K-Tours 9 am - 4 pm daily, Thursday 1- .prersons Anticipated 60 Name of Group Cannon Valley Girl Scout Council Person Making Reservation Carrie Bakken (Barb Trowbridge would be our local person) (Shakopee Resident) Address: Box 61, Northfield, NSI 55057 Phone: 507-645-6603 We will be holding an overnight for (-`‘ oc h 'the older girls on Thursday. Fee Paid Date We also sell camp t-shirts to Approved By © parents on Thursday evening. Do 0 we need a permit for that? Shakopee Community Recreation 129 Levee Drive P,c:c17.)',L`�I -2-We will be requesting permission Shakopee, Mn. 55379 f :(���=I' ` to use the Youth & Community Center to 445-2742 �`t 4*`,house our camp staff (10 people) . Note: This .•reservation has been provided by the City of Shakopee through the Community Recreation Office. This Agency desires to be of service to its citizenry in helping to have a good fun time while participating in this picnic. This form verifies that you have properly reserved the above named facility for this activity. In turn you are expected to help in keeping these areas neat and clean. Trash barrels are provided for litter and garbage - please use them. If you note anything that needs repair or if you can see how this office can be of service in any other way, please let this be known, as soon as possible. • Attached will be found a copy of the Policy governing this reservation, together with a copy of the Ordinance regulating public usage of Shakopee Parks. Your signature above attests that you have read these papers and will attempt to follow them to the best of your ability.. If the shelter you have reserved needs keys for electricity or restroom • facilities please pick them up at the Recreation Office the Friday before your picnic. Keys must be returned the next regular working day after your { Prir picnic. •)•111i4"17- , -Pt tit') CC:Barb Trowbridge Memo to: Members of the Park and Recreation Advi ory Board From: Mark McQuillan, Recreation Supervisor Subject : Girl Scouts Request to use Community outh Building for an overnight Dat-z - April 22, 1992 / Intrad ,tion / The Cannon Valley Girl Scout Council will M+. conducting a week long day camp p ogram at Lions Park June 29 r July 3. The camp will operate from 9 a. m. to 4 p. m. daily except for Thursday < 1 p. m. to 8 p. m. ) . r F The Girl Scouts ould like to use the /Community Youth Building for an overnight on July 2 for the older girls. They are also requesting permis- on to use the Community Youth Building to house their Day Camp sta . ( 10 people) t -oughout the week. Background / A similar request was 'ranted b the City Council in 1989. The program was well supe • vised nd no problems were reported. Arrangements will be made to al ov the scouts to use the Municipal Pool 's showers, if needed. Alternatives 1. Approve the Girl Scouts; r- quest to use the Community Youth Building for an overnight/an' to house their staff from June 29, 1992 to July 3, 1992. } 2. Deny request to use thq Communi . Youth Building after hours. Recommendation Alternative #1 Action Requested i Move to recommend to t/ie City Council to approve the Cannon Valley Girl Scout Councils' request to conduct an - vernight and to allow their staff to house the Community Youth Bu lding from June 29, 1992 to July 3, 1992. - \ X. ict . I ' \ 5 , i i w t nr 7 r MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator/Community Services Director RE: Municipal Facility Survey Consultant Selection DATE: April 30, 1992 INTRODUCTION: On April 7, 1992 , the Shakopee City Council approved the Municipal Facility Needs Assessment Sub-Committee Work Plan and directed staff to proceed as outlined in the plan. One of the components of the work plan directed staff to obtain quotations from professional survey research firms to develop and administer a telephone survey of Shakopee residents the purpose of which will be to determine community facility needs and respondents willingness to pay. Funding for the proposed survey was to be allocated from the City' s park reserve fund. BACKGROUND: Following the Council meeting on April 7 , 1992 , staff contacted three (3) professional survey research firms to solicit formal proposals and cost quotations for said study. The following firms were contacted: Decision Resources, Ltd. ; Anderson, Niebuhr and Associates, Inc. ; and TK Associates of Minneapolis. Each of the three firms offer a wide range of research services including study design, sampling design, questionnaire construction, data collection, data analysis, interpretation, graphics, and report writing including recommendations. Upon reviewing the proposals, staff concluded that the major differences between the proposals were costs and municipal experience. The cost estimates for the services requested ranged between $6, 500. 00 (Decision Resources) and $15, 000. 00 (Anderson, Niebuhr and Associates) . Due to the extensive experience in providing services to the public sector by Decision Resources, the Park and Recreation Advisory Board is recommending that the appropriate City officials be authorized to enter into an agreement with Decision Resources for the services outlined in their proposal (See attachment #1) . Decision Resources standard survey quotation cost of $6, 500 . 00 includes a base minimum survey length of 60 questions. The Park and Recreation Board felt that a 60 question survey would be adequate for their needs and felt that a cap of $6, 500. 00 to be funded from the park reserve fund should be placed on the survey cost. Decision Resources proposal specified that each additional question would cost approximately $90. 00. If the City Council feels that the survey should be expanded to address other municipal issues, staff would recommend that a clause be included in the contract to allow for expansion of the survey at a cost not to exceed $90. 00 per question. Recognizing that Council has not had adequate time to address whether or not the survey should be expanded, staff is simply recommending that the appropriate City officials be authorized to enter into an agreement with Decision Resources with the park reserve fund allocation to be capped at $6, 500. 00 . The agreement would be drafted in such a fashion to allow for the expansion of the survey to include additional questions as deemed appropriate by City Council at a later date. Since the cost proposal estimate is greater than what was reported at the last meeting ($5, 000. 00 estimate) and given the fact that Council action is required on all contracts in excess of $5, 000. 00, it would be appropriate to direct staff accordingly at this time. ALTERNATIVES: 1. Move to authorize the appropriate City officials to enter into an agreement with Decision Resources, Ltd. for the purpose of conducting a Municipal Facility Survey with a maximum allocation placed on the park reserve fund of $6, 500. 00. 2 . Select one of the other consultants to utilize in completing the Municipal Facility Survey. 3 . Table action pending further action from staff. 4 . Obtain additional quotations and/or pursue some other survey technique. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move to authorize the appropriate City officials to enter into an agreement with Decision Resources, Ltd. for the purpose of conducting a Municipal Facility Survey with a maximum allocation placed on the park reserve fund of $6, 500. 00 . TAMI\ADMIN\SURVEY BAS/tiv c640+ # Decision Resources Ltd. April 17 , 1992 Mr. Barry A. Stock Assistant City Administrator City of Shakopee Shakopee City Hall 129 East First Avenue Shakopee, Minnesota 55379 Dear Mr. Stock: Decision Resources, Ltd. , is pleased to present this proposal for survey research to the City of Shakopee. It is primarily based upon our discussion with you and your task force sometime aao. We feel confident that the program outlined below will meet your objectives in a timely ar.a cost-effective manner . This prospectus will first discuss immediate research needs, and then, develop a plan of action. ASSESSING THE ENV RON?ENT Citizens make dec; sions about facilities by weighing benerits against their tax costs. ?ut, there are also a number of factors that may come into the decision-making proct-ss . Perceptions of aggregate tax burdens , unhapriness with completely unrelated local issues or personalities , and differing priorities have doomed may projects in other localities . F.s a result, simply gauging support or opposition to the proposed facility can overlook critically important campaign considerations. There may be a need to dispel misconceptions or revise .existing city policies and services prior to the initiation of any major proposals . We have found that the neutralization of any environmental negatives well in advance of any planning dialogue greatly streng+:iiens the chances cf galvanizing majority support. - For planning purposes , the following general issues should he addressed : 1 . What do Shakopee residents like least and most about Lhair city and what role do parks , recreational , and civic opportunities play in their perceptions? 2 . Are residents generally satisfied or dissatisfied with the level and provision of current city services? In particular, 3128 Dean Court • Minneapolis, Minnesota 55416 • (612) 920-0337 • Fax (612) 929-6166 park and recreation programs, and park maintenance and upkeep? 3 . Are residents happy or unhappy with their elected officials and city staff , and how would they view City Hall facilities proposals? 4 . How do residents see the tax burden in Shakopee relative to other suburban areas? 5 . What are the policy priorities of the citizenry? 6 . Are Shakopee residents generally supportive of the develop- ment of facilities to date, as well as planned future projects? 7 . How do newer residents differ from "old-timers"? Are there differences in expectations of city services , recreational preferences, satisfaction with community, or policy preferences? 8 . How "investment-oriented" are residents? In other words, do residents feel that the city should be taking action at present to avoid problems in the future or anticipate future needs? Clearly, reliable information on these issues would have uses far beyond current planning purposes. This data would provide a good evaluation of the current state of the city, as well as guidance on future directions. Issues more specific to the expansion of the facilities and programmatic offerings would include: 9 . Do residents support or oppose the expansion of each proposed facility? Are there "pockets" of intense support or opposition? 10 . What is the profile of the persuadables (residents who are undecided at present) ? What aspects of the proposal are particularly important to this group? What aspects are highly troublesome? 11. On average, how much more in property taxes would residents be willing to pay for each facility -- both construction and/or operation? 12 . Would the inclusion of certain construction projects influence decisions? 13 . How do residents obtain their information about city activities? What are relevant secondary communications channels -- clubs, newsletters, etc. ? What channels are most effective for communicating with favorables and persuadables? The answers to the second set of questions would permit the determination of the feasibility of any facilities proposal . It is critical that these queries be answered before any proposal is brought to the citizenry for approval . 2 Once this benchmark assessment has been completed, specific recommendations can be developed. The next section discussed this study more fully. RESEARCH STRATEGY Decision Resources, Ltd. , proposes to conduct a telephone survey of 400 randomly selected households in Shakopee. A random sample of this size would provide results projectable to the entire city within + 5. 0 percent in 95 out of 100 cases. The questionnaire would be administered by DRL trained and supervised personnel. The computer analysis would be obtained from the DRL remote job entry facility to the University of Minnesota CYBER system, insuring both access to the most current statistical analysis programs and confidentiality of the data set. The City of Shakopee would be presented with two bound copies of the final report highlighting all the major findings of the study. DRL will also speak to any major differences from and similarities with other recently completed studies. A volume of all statistically significant cross tabulations and multivariate analysis will also be provided to the City. In addition, the findings would be presented by me at meetings with staff, City Council, and/or citizen commissions. The components of the project and the proposed time schedule is outlined below: 1. One or two planning meetings with you and other designated participants to establish topics for questions. This activity to be completed within two weeks of the initiation of the contract. 2 . Structuring of questions and final approval of the survey instrument. These activities to be completed within two weeks of the initiation of the contract. 3 . Final determination of the field dates for the interviews. 4 . Pre-testing and, if needed, approval of resulting revisions. This activity to be completed by the second day of fieldwork. 5 . Computer analysis and preparation of the written report. Frequencies of responses will be provided to the City within two weeks after the completion of all fieldwork. All statistical analysis and commentary will be available four to six weeks after completion of the fieldwork. 6. Meetings with you and designated participants to explain and discuss survey results . This preliminary discussion can be arranged at a time convenient for the City staff, after delivery of the written analysis. 3 7 . Meeting with City Council and/or staff in either a work session or formal presentation to explain and discuss the results ofthesurvey. The final iscssion and strategy session time conven ientucan for Council members and/or staff arr the ranged atat after delivery of the written report. DRL personnel would be available as needed for additional meetings and/or telephone conversations to answer questions about the survey, its findings, and its implications. Because of the nature of this study , combining both city assessment and planning objectives, I would act as Principal Investigator for the survey. In addition, my partner, Diane Traxler, would serve as Project Director, overseeing all phases of the research. Cost of surveys are based upon two factors: size of the sample and number of questions contained on the instrument. The 400 households sample size would provide a reliable degree of accuracy. It would also be sufficiently large to permit the further breakdown of the city residents into groups of potential interest -- area of residence, occupation, income, renter or owner, and the like. The base minimum survey length that DRL recommends is 60 questions, although several city polls have contained nearly 150 queries. The cost of a sixty question, 400 household sample is $6 , 500 . 00 . Each additional question is $90. 00. As company policy, DRL requires one-half of the cost prior to the commencement of fieldwork; the remainder is due upon delivery of the final written report. For contractual purposes, we will present the City Attorney with a copy of our standard municipal agreement for any revisions he/she would require to conform with city practices. I hope this overview sufficiently covers all the information you require . In addition , I have also enclosed some further information about the company and its past clients. We very much enjoyed talking with you. I hope that we will be able to work together. But, in any case, best of luck with your efforts. Sincerely yours, ?Lei iii01/12- William D. Morris, Ph.D. President WDM:bbk encls. 4 G TO; Mayor Laurent, Councilmembers Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Staffing DATE: April 30, 1992 INTRODUCTION: The time has come for the Police Department to fill the vacancy created by the retirement of Deputy Chief DuBois in January. BACKGROUND: Last summer, department heads were directed to explore ways to reduce the cost of their operations. In response to this, the Police Department indicated that it was possible to save salary dollars without reducing staff or rank in each of the five years 1992-1996 by providing senior employees with financial incentives to retire early and replacing them at the bottom of the salary scale. The resultant savings would amount to the difference between entry pay and first class patrol pay with fringes. Using figures based on 1991 wages, it was estimated that the plan could result in savings very close to those listed below. 1992 $ 9, 056 1st Officer Retires 1993 21, 112 2nd Officer Retires 1994 29 , 332 3rd Officer Retires 1995 33 , 312 4th Officer Retires 1996 22 , 504 Total 115, 316 The plan stressed achieving these savings with minimal negative impact on provision of services. The key to this plan is the fact that the work load of the Police Department is lighter in winter than in summer. This means an employee can retire in November and not be replaced until the end of the following April without seriously disrupting police operations. The wages saved between November and April would fund the buy out and in most cases add to the savings projected above. The first officer to take advantage of this proposal was Deputy Chief John DuBois. The buy out proposal was based on the idea that running with 17 officers through the winter would not have SERIOUS negative impact on the provision of police services. Sworn staff at the police department is already at the lowest level feasible. Any reductions, including failure to fill the vacancy which currently exists, will have unacceptable negative impact on long term provision of police services and should not be considered. It must be remembered that everyone spread themselves thin to get through the winter. All calls for service received a response, but there was little improvement in the delivery of services and things that could be put off until later did not get done. As the end of April draws near, it is necessary to fill the vacancy created by the retirement of Deputy Chief DuBois. In view of the revenue cuts the City expects to incur this year, the information herein is provided to justify this request. Personnel resources can be justified in different ways and by using different criteria. One of the first criteria usually applied to justify police staffing levels is the ratio of police officers to population. Ernst and Whinney pointed out in the Cost and Staffing Study they conducted for the City of Shakopee in 1986, that in a city this size, the ratio of officers per 1, 000 population should be between 1. 3 and 1. 5. At the time of the report, the department had 15 full time officers which worked out to 1. 36 officers per 1, 000 population. Ernst and Whinney also pointed out that when Canterbury Downs is open, the department work load cannot be reasonably met with this level of staffing. The Council recognized this and increased the size of the department accordingly. In 1989 , the Council again recognized the need for additional manpower at the Police Department and authorized hiring an additional officer. The hiring, however, was delayed until early 1990 so the incoming Chief could have some input into the process. In 1990, lack of funds caused this hiring to be delayed again. This additional officer was not requested in the 1991 or 1992 Police Budgets because of the continuing lack of funds. The need the Council recognized in 1989 still exists. In fact, the department is busier now than it was three years ago and the need for more officers is greater today than it was then. Today, if the population of Shakopee is agreed to be 12 , 200, and the number of sworn police officers on the department is 17 , the ratio of officers to population is 1. 39 officers per 1, 000. In 1991, the department was staffed by 18 officers and the ratio of officers to population was 1. 47 per 1, 000. Another police to population ratio that is sometimes discussed is police cost per capita. According to the State Auditor' s report for 1990, the cost per capita for police service in Shakopee is $95. 82 . This does not compare favorably with other cities the size of Shakopee. There are huge traps associated with basing assumptions on this figure without further investigation. This report fails to take into consideration cost reductions and improvements in delivery of police services which have been implemented since 1990. It also fails to take into consideration how the cities being compared account for expenditures and otherwise manage money. For example, in 1990, the Police Budget reflected a $10, 000 expenditure for dump day (not a police item) and a $10, 000 expenditure for a car the city already owned. At the same time, there was no credit for police cars worth at least $7, 000 which were sold at auction or passed on to other city departments. Sharing resources is part of the police department' s philosophy of working as harmoniously as possible with the other elements of city government. It also makes sense to keep red tape at a minimum when property is transferred from one department to another. It is not fair, however, to consider police service in terms of cost per capita when the police department is charged for equipment and services received from other departments while resources purchased by the police department are passed on to other departments with no adjustment or reimbursement made to the police budget. Neither of the forgoing criteria consider how many people come to Shakopee each year between May and October. On an average summer day, 10, 000 people visit Valleyfair, 4, 165 go to Canterbury Downs, over 7, 000 stop at Little Six and 2 ,700 seasonal employees come here to work. It can be argued that the "summer population" of Shakopee is 23 , 865 not counting the occupants of the 2 , 000 trucks which pass through town every day. This "summer population" is entitled to the same level of police protection and service as the people who live here all year. Based on a staff of 18 officers, the ratio of police officers to "summer population" becomes .75 per 1, 000. If the "summer population" paid taxes and could be used in the police cost per capita calculation, the result would be well under $50. It is necessary to consider statistics other than population and cost ratios when determining police staffing levels. Officer availability is one of these. Officer availability as used here refers to that amount of time a police officer has free to respond to calls for service or for activity such as burglary patrol and traffic enforcement. This is referred to as undirected patrol time. Undirected patrol time is necessary to allow timely response to calls for service, to allow priority response to emergency calls, to allow for more than one officer to respond to dangerous calls and to deal with special events. Two officers backing each other up can address most emergencies with a reasonable degree of effectiveness and safety. Conversely, time spent by officers responding to calls for service is called directed patrol time. In 1990 and 1991, patrol officers spent 55% of their time on directed patrol activities. Between May and November, this figure rose to 66%. The source of these statistics is the LEADRS computer system at the police department. Officer availability is impacted when officers are removed from the schedule due to illness or injury. This is called the "first officer lost factor" . If one officer calls in sick or is injured on duty, directed patrol time for the rest of the department climbs to 60% in winter and 71% between May and October. If two officers are lost, these percentages go up even further to 66% and 79%. 1992 shows every indication of being busier than 1991 or 1990. In the first quarter of 1992 , the department responded to 40 calls a month more than the average for the same period of 1990 and 1991. This represents an increase of 7 . 5%. Citations for the same period are up 71 per month or 97% and arrests for offenses other than traffic were down 4 per month or 8% . Deputy Chief DuBois is the first officer lost and Officer Scherer, who was injured on duty, is the second. This depletion of available manpower combined with increased calls for service and elevated arrest activity mean that by the end of the month, directed patrol time should be running well above 80%. On the surface, it appears that everyone is busy and that' s good because that' s what they get paid for. Things are not that simple, however, because calls for police service are not received at a uniform rate. Most calls for service are received during daylight and evening hours when people are moving around and emergencies are more likely to occur. Calls for service usually decrease in frequency late at night but have a tendency to become more dangerous and frequently require the attention of more than one officer. Shakopee has grown to the point where the minimum number of officers on duty should never be less than two. There are times every week, however, when an inadequate number of officers on duty poses not only a threat to the safety of our citizens but also a potentially unsafe working environment for the officers themselves. This comes from scheduling as many officers as possible for duty during the evening and on Thursday, Friday and Saturday nights in an effort to provide adequate coverage to meet the department' s work load during the hours of peak activity. Police departments must do more than react to calls for service. Proactive management and delivery of services are needed if progress is to be made towards reducing or eliminating criminal behavior. Preventing crime reduces the number of people who become victims of criminal acts and eventually reduces the need for police services. The management and delivery of police services deals with two issues - service and resources. Service can involve dealing with criminal behavior, regulation of non-criminal activity and crime prevention. Service may be defined by the provider but may be qualified only by the receiver. Services are prioritized by the community, by police managers, and by operational level personnel. The latter usually determine what is done or not done. For this reason, the department' s key resource is the patrol force. All other personnel and equipment are there to support the patrol function. The priorities of the police department will not match those of the community unless the patrol force is well trained, effectively managed, carefully monitored and provided with accurate feedback. A major personnel development issue the department is attempting to address at this time is training. Recently, it has become fashionable for lawmakers to mandate police training. These mandates are never funded. Some recent Federal and State mandates deal with: 1. Threshold level and ongoing training regarding hazardous materials (HAZMAT) are required at State and Federal levels, 2 . OSHA training requirements regarding Bloodborn Pathogens, 3 . "Right to Know" law and the Workplace Accident and Injury Reduction Act (AWAIR) training requirements regarding workplace safety, and 4 . Last year, the State of Minnesota through the Peace Officers Standards and Training Board has mandated extensive policy development and training in use of force and deadly force. This year the same thing happened with domestic abuse. This overview of unfunded mandates and the liability they carry does not consider broader issues of personnel development such as increasing morale and productivity, upgrading clinical skills related to policing, integrating patrol and investigative activities, crime prevention and overall participation in community activities and much, much more. Training, however, takes time. If undirected patrol time is not available, officers who are required to attend training must be paid overtime. The Fair Labor Standards Act requires that officers also be compensated for voluntary training. The forgoing deals with the impact insufficient staffing has on those things the police department is doing or should be doing. It is also appropriate to look briefly at the immediate future and what the department is trying to accomplish. The brightest spot on the horizon is September, 1993 when the Shakopee Police Department is scheduled to become a learning site for Mankato State University. The department will provide an environment for 3rd and 4th year law enforcement students who will serve supervised internships here to develop their clinical skills. Department personnel interacting with Mankato State faculty will learn by serving as trainers. The project will also serve as a recruiting opportunity and increase undirected patrol time. As soon as staffing levels are adequate, patrol personnel will be afforded the opportunity to work in the division of investigation for three month intervals. The intended result of this project is closer cooperation between the two divisions and elevation of investigative skills by patrol personnel. Use of senior volunteers is still in the works. Although the project has been shelved for some time, it has not been forgotten and is moving up through the department "to do" list. The department will continue to increase its commitment to youth in the community. The old Juvenile Officer has been replaced by a Youth Services Unit. In 1992 , 1. 10 man-years will be devoted to young people who have broken the law or been victims of criminal acts and to youth service activities including D.A.R.E. , Officer Friendly, bicycle safety, lectures in schools, Alcohol Assessment Control Services and Red Cross Training. If personnel become available, this commitment will be elevated to approximately 1. 5 man years in 1993 . To accomplish these things, the Department is requesting permission to replace Deputy Chief DuBois at this time and bring the number of permanent sworn staff back up to 18 for the remainder of 1992 . In 1993 , a 19th officer will be requested. A Community Service Officer position will also be requested for the first three quarters of 1993 . In summary, this report has attempted provide information about the police department, the services it provides to the community, the services it should provide, the plans that are in place to maintain or elevate service levels and the hurdles which must be cleared if these plans are to be realized. The need for additional police personnel has been discussed in terms of population, commitment to the community, commitment to youth and schools, the impact of the entertainment industry, and more. Problems such as morale and wellness, liability in terms of citizen safety, officer safety and unfunded mandates have also been discussed. To keep the length of this document reasonable, the impact of the growth Shakopee is expected to experience will have on police staffing requirements has not been included. The other element of the equation which has not been discussed is the role of the City Council. The Council sets the priorities which determine service levels in Shakopee. The Council provides the answer to the question, Public Safety vs. ???? The Shakopee Police Civil Service Commission which regulates the hiring selection process has conducted the necessary testing, has established an eligible list and has certified the names of the three candidates standing highest on that list. Certification of the top three candidates on the list is attached to this report. The 1991 Union Contract establishes $2, 243 . 11 as the starting monthly wage for the position of police patrolman. The 1992 Police Budget contains adequate funds to support this request. ALTERNATIVES: 1. Authorize hiring Daniel Jackson. 2 . Authorize hiring Stephen Miltich. 3 . Authorize hiring Scott Patrick. 2 . Do not authorize hiring anyone. RECOMMENDATION: Alternative #3 . ACTION REQUESTED: Move to authorize, effective immediately, the hiring of Scott Patrick as a Patrolman for the Shakopee Police Department subject to the satisfactory completion of pre-employment medical and psychological testing and the customary 12 month probation period at a monthly rate of $2 ,243 . 11 as called for by Step One of the the 1991 pay plan. Attachment for item 13a. - Please add it to your agenda. Thanks . # To: Mayor Laurent City Council From: Shakopee Police Civil Service Commission Subject: Eligibility Register Date: April 29, 1992 In accordance with the provisions of M.S.A. 419 the following individuals are hereby certified as being the top three candidates on the current eligible list for the position of police officer. 1. Daniel Jackson 2 . Stephen Miltich 3 . Scott Patrick Richard Mulcrone, Chairman Shakopee Police Civil Service Commission / 3 C. MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Authorization to Hire Consultant to Prepare the East Shakopee Area Transportation Study DATE: April 30, 1992 INTRODUCTION: Staff is requesting authorization to hire a consultant to prepare the East Shakopee Area Transportation Study. BACKGROUND: At the February 4 , 1992 , meeting the City Council held a public hearing for proposed improvements for an unnamed street to the Bergquest property in the industrial park. The proposed street would be located south of Highway 101 and east of Valley Park Drive. The hearing was tabled to allow staff an opportunity to further research transportation issues in the area. Staff was directed to develop a work program to guide a study of area development issues. The issues to be reviewed include land use, transportation, utilities, existing land ownership patterns, zoning, etc. It was identified that although the regional transportation system improvements (Shakopee Bypass, Bloomington Ferry Bridge, Mini Bypass) have received much attention, the City street system in the East Shakopee area needs more planning. Staff presented a map to the City Council, at the February 4 meeting, which identified the study area as being bounded on the south by County Road 16, on the west by County Road 17 , the north by the Minnesota River and to the east the City limits. The City is often asked to review and approve development proposals in the area without the benefit of having a more detailed street plan from which to compare. DISCUSSION: Staff began researching the various development issues in the area and determined that discussions with one of our three on-line consultants would be helpful. Staff selected Stgar, Roscoe and Fausch, Inc. (SRF) as the appropriate firm since they have been thoroughly involved in transportation planning issues with Scott County, MnDOT, the City of Savage, as well as the City of Shakopee. SRF served as Scott County' s consultant in their preparation of the Scott County Transportation Plan. Attachment #1 is a list of issues that staff and representatives from SRF reviewed in developing a work program for a transportation study for the East Shakopee area. Staff requested that SRF develop a scope of services, time table and cost estimate to prepare a Transportation Study for the area. Attached is a copy of the proposal from SRF. The proposed total cost by SRF for this study is estimated at $16, 500. The study is not included in the 1992 budget. Alternative funding sources for this study includes: 1. The 1992 Contingency Fund ($50, 000) . 2 . The 1991 fund balance ($1, 400, 000) . Staff strongly recommends SRF as the appropriate consultant for this study. This consulting firm has the greatest background in transportation planning in northern Scott County. Their past planning efforts in the area have provided them with an excellent base from which to work from. ALTERNATIVES: i. Authorize the hiring of SRF as the City' s consultant to prepare the East Shakopee Transportation Study. 2 . Direct staff to divide the scope of services into two projects and spread the cost over two years. 3 . Hold off on study until next year. Include it in the 1993 budget. 4 . Request that staff develop RFP to solicit other firms to prepare the Transportation Study. 5. Direct staff to prepare the Transportation Study. 6 . Do nothing. STAFF RECOMMENDATION: Staff recommends alternative #1, if the City Council wants to transfer funds from the fund balance, or alternative #3 if this is not done. The City Administrator strongly recommends against taking $16, 500 from the Contingency Fund this early in the budget year. ACTION REQUESTED: 1. Authorize the appropriate persons to prepare and/or sign the necessary documents to hire SRF to prepare the East Shakopee Area Transportation Study and to transfer $16, 500 from the fund balance; or 2 . Direct staff to include this project in the 1993 budget. EAST SHAKOPEE TRANSPORTATION STUDY MEETING AGENDA Date: March 2, 1992 Time: 1:00 P.M. City Council Chambers 129 E. First Avenue Shakopee, Minnesota Meeting Purpose: 1. To provide the City' s consultant with background information for developing a transportation plan for the East Shakopee area. Topics/Issues/Concerns: The following are issues that may or may not need to be addressed in the final Scope of Services, and are intended to generate discussion only. 1. Project Area North Boundary - Minnesota River East Boundary - City Limits South Soundary - County Road 16 West Boundary - County Road 17 2 . Previous Transportation Planning Efforts: • Draft 1990 Comprehensive Plan • Adopted 1980 Comprehensive Plan • CSAH 18 Comprehensive Plan Amendment • CSAH 18 Interchange - Layout and Design • CSAH 21 Alternative Study 3 . Consider Land Use/Zoning. 4 . Consider Area Development Constraints: • Shakopee Bypass/Highway 101 - Limited Access • Railroad • Prior Lake Interceptor • Large land uses - Shiely, NSP, frontage development along Hwy. 101 • Prior Lake Drainage Channel 5. Inventory of Property Ownership Patterns. 6. Inventory of Wetlands - Impacts on Streets, Development. 7 . Inventory of Floodplain, Bedrock - Impacts. 8 . Coordinate with Comprehensive Sewer Plan (Short-Elliott Hendrickson - Consultant) . 9 . Coordinate and Review Valley Green Business Park Plans (Consultant Hired by Business Park Developer) . 10. Coordinate and Review Shakopee 500 Development Plans. ii. Coordinate and Review Multi-Family Development, i.e. Lenzmeier Property, Upper Valley Drainage. 12 . Coordinate and Review Canterbury Downs, RTD Development. 13 . Coordinate and Review Plans for Businesses Along County Road 16 . 14 . Coordinate with Scott County Capital Improvement Plan and Scott County Transportation Study. 15. Coordinate with State Aid System. Offer recommendation to increase designated mileage to reduce excess mileage within project area. 16. Update Functional Classification System for Project Area. Project Task: Strgar-Roscoe-Fausch should develop and submit the following: • Scope of Services • Time Table • Cost Estimate City staff to review and ultimately recommend approval of the proposed Scope of Services, Time Table and Cost Estimate to the City Council. Lindberg Ekola David Hutton City Planner Public Works Director APR-30-92 THU 9 : 39 SRF P _ 0 1 SRFSTRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS & PLANNERS TIZA\SPO1 TA'I'ION M CIVI1.■ STRUCTURAL ■ F:NV1RONMF.?Irem.■ LAND St:RVF.YORS April 29, 1992 Mr. Lindberg Ekola City Planner CITY OF SHAKOPEE 129 East First Avenue • Shakopee, Minnesota 55379 RE: TRANSPORTATION PLAN EAST SHAKOPEE, MINNESOTA Dear Mr. Ekola: In response to your request, we are pleased to submit this proposal to assist the City of Shakopee in the preparation of a Transportation Plan for East Shakopee. BASIC SERVICES We would propose to early out all the work as described in the attached Scope of Services. BASIS OF PAYMENT We would propose to be reimbursed for our services on an hourly basis at a rate of 2.5 times salary cost for the actual time expended, and at actual cost for the out of pocket expenses (printing, reproduction) and mileage at a rate of S.26 per mile. Invoices would be submitted on a monthly basis for work performed during the previous month with payment due within 30 days. The total cost for our services on this project is estimated at S16,500.00 and we will not exceed this figure without your approval. The estimate of cost is based on the attached Scope of Work. It is understood that if the scope or the extent of work should be adjusted at any time, the project cost will be adjusted accordingly. NOTICE TO PROCEED A signed copy of this proposal returned to this office or your verbal authorization will serve as notice to proceed. We will begin the work immediately thereupon and will complete the project within three months. APR-39-92 THU 9 : 39 SRF P . 02 Mr. Lindberg Ekola -2 - April 29, 1992 We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if additional information i°egarding the subject is required. Very truly yours, STRGAR-ROSCOE-FAUSCH, INC. Robert B. Roscoe, P.E. Senior Vice President RBR:bba Attachments APPROVED: Name Title Date APR-3O-92 THt i 9 : 40 SRF EAST SHAKOPEE AREA TRANSPORTATION PLAN SCOPE OF SERVICES Task 1--Analysis of Public Sector Information a. Review previous transportation planning efforts to ensure consistency between this and previous studies, and to avoid unnecessary duplication. Previous efforts include: . Draft 1990 Comprehensive Plan . Adopted 1980 Comprehensive Plan . C.S.A.H. 18 Comprehensive Plan Amendment (not yet approved by the Metropolitan Council) . C.S.A.H. 21 Alternatives Study . Scott County Transportation Plan . City of Savage Transportation Plan . Metropolitan Council Transportation Plan b. Review previous land use planning efforts to establish the 2010 Land Use Forecast in order to ensure consistency and avoid duplication. Previous efforts include: . Sanitary Scwcr Plan being prepared by SEH . Draft 1990 Comprehensive PIan . Adopted 1980 Comprehensive Plan . Racetrack Land Use Study . Scott County Transportation Plan . Scott County CIP . Metropolitan Council MDIF and Forecasts . State Aid System c. Collect 1980 and 1990 traffic counts on local roadways. (Mn/DOT and County Roads' traffic are already available from the Scott County Transportation Plan.) d. Collect 1980 and 1990 population, households and employment (available as part of data prepared for the Scott County Transportation Plan). e. Prepare an inventory of property ownership patterns (to be provided by City staff). f. Prepare an inventory of wetlands and floodplain (to be provided by City staff). 1 APR-aka-92 THU : 40 SRF R . 04 g. Identify physical constraints, including: . Shakopee Bypass/Highway 101 (limited access) . Railroad (CNW) . Prior lake interchange . Large land uses (NSP, Shiely, Valley Green Business Park, T.H. 101 Frontage Road development) . Canterbury Downs . Prior Lake Drainage Channel . Prior Lake Interceptor Task 2--Analysis of Private Sector Information Incorporate private sector development plans into the transportation study, including: . Valley Green Business Park (Dahlgren, Shardlow, Uban-Phil Carlson) . Shakopee 500 development (Bob Moorehouse) . Multi-family developments (Lenzmcicr Property, Upper Valley Drainage) . Canterbury Downs development . RTD development . Plans for businesses along County Road 16 Task 3--Prepare Area Transportation Plan a. Compare the various population, household and employment estimates with Metropolitan Council estimates and document differences. b. Compare the City's year 2010 population, household and employment forecasts with the forecasts used in the Scott County Transportation Plan. Using the detailed traffic analysis zones defined in the plan, develop ratios of city-to-county estimates (by zone) for subsequent use in developing future traffic volumes for the study area. (We expect that the City estimates will be higher.) c. Using the land use plan, development plans, rate of growth information, and unconstrained land availability, develop estimates of population, households and employment in the study arca for the year 2010. 2 APR-SO-92 THU 9 : 41 SRF d. Develop the transportation plan that considers the following elements: . Existing roadway system. . Programmed and planned roadways in the study area and in the West Shakopee area. . Programmed and planned roadways in adjacent cities (Savage, Prior Lake) and Scott County. . Physical and development constraints. . Future land use plan and proposed or planned development. c. Based on the land use served by the strcct and roadway plan and the traffic forecasts on the system, classify the streets and roadways by function according to the following designations: . Principal Arterial . Intermediate Arterial . Minor Arterial . Collector . Local 1. Document the rationale used for the functional designation, and compare to the Metropolitan Council guidelines. g. Consider the Municipal State Aid System when developing the Functional Classification System. Task 4--Prepare Traffic Forecasts Using the travel demand mode! developed for Scott County's Transportation Plan in 1991 and the factors developed in Task 3 to reflect differences in City and County forecast of population, households and employment; and the refined network developed in Task 3, develop: a. Refined forecasts for the study area for the years 2000 and 2010. b. Determine five-year, ten-year and twenty-year roadway improvements in the study area, including number of lanes, intersection traffic signal and channelization and new roads. c. Prepare typical cross-section drawings of roadways, pedestrian trails and typical intersections. 3 NPR-SO-92 THLI 9 : 41 SRF P . 06 Task 5--Meetings/Presentations a. Attend four coordination meetings with City, developers and businesses. b. Attend two meetings with Planning Commission and City Council to make presentations. 4 APR-SO-92 THU 9 : 41 SRF P - (3Z EAST SHAKOPEE AREA TRANSPORTATION PLAN PRODUCTS 1. Existing traffic count map (1990-1991) 2. Past and anticipated growth in population, households and employment And comparison with Metropolitan Council forecasts (table) 3. TAZ equivalency map (Met Council, County, City) 4. Functional classification system map 5. Forecasts for the years 2000 and 2010 (maps) 6. Five-year, ten-year and twenty-year roadway improvements (maps) _ 7. Traffic control identification map (potential traffic signals, stop signs and channelization at intersections) 8. Lane and right-of-way requirements (table) APR—Z0-92 THU 9 : 4:c SRF P . 0S EAST SHAKOPEE AREA TRANSPORTATION PLAN PERSON HOURS BY TASK HQurs Task 1—Analysis of Public Sector Information 40 Task 2--Analysis of Private Sector Information 20 Task 3--Area Transportation Plan 90 Task 4--Traffic Forecasts and Needs 90 _ Task 5--Mcctings/Presentatioas_(Six) 25 Total Person-Hours 26 MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTO 417 ti SUBJECT: LOADER PURCHASE DATE: APRIL 1, 1992 INTRODUCTION Staff is requesting authorization to purchase a front end loader. BACKGROUND On March 17 , 1992 the City Council authorized the advertisement for bids for a new front end loader. The Public Works Department has $88 , 300 budgeted in 1992 for a new loader plus attachments. On March 31, 1992 bids were publicly opened for the loader. A total of 5 bids were received and are summarized in Attachment No. 1. Both a direct purchase option and a guaranteed buy back after 5 years option was bid. Three of the bidders bid both options and the remaining two bid the direct purchase only. Based on staff' s analysis, Case Power and Equipment is the low bidder on a Case 621, irregardless of whether or not the direct purchase or guaranteed buy back option is used. Staff has also reviewed the Case 621 and finds that it meets the requested bid specifications exactly, with no deviations. Our current loader is a Case 621 (1990) also. It is somewhat advantageous having the same loader because no two loaders operate the same or have identical controls, for operator safety and consistency in controls . The total amount needed for the purchase of the loader is $92 , 928 . This includes $72 , 366 for the loader, $2500 for the 5 year maintenance agreement and $18 , 062 for the following options: Wing and Plow - $14 , 176. 00 Adjustable Forks - 2 , 587 . 00 Asphalt Cutter - 1, 299 . 00 Total Options $18 , 062 . 00 The amount budgeted for a new loader plus attachments is as follows: Loader - $80, 000 . 00 Tree Clamp - 7 , 000. 00 Asphalt Cutter - 1, 300 . 00 Total Budgeted $88 , 300 . 00 The bid amount is $4628 over the budgeted amount. The Public Works Department also has $3500 in the Capital Equipment Budget for a new office computer. A computer was purchased at the end of 1991, so it is not felt that another computer is needed at this time. Applying this amount towards the loader purchase reduces the excess amount to $1128 . 00 . Staff has re-evaluated the tree clamp option and has determined that a tree clamp is not vital due to the amount of trees removed has gone down substantially from 5 years ago and continues to decline. ALTERNATIVES Since the bid amount exceeds the budgeted amount by $1128 , the following options are available. 1. Transfer $1128 into the Public Works Capital Equipment Budget and authorize the entire purchase. 2 . Eliminate one of the attachments, thereby eliminating the need to transfer any money. The wing and plow attachments are vital to the department operations and should not be eliminated. The adjustable forks are desired because the current Case loader does not have any forks. The old Fiat loader does have forks, but they are non-adjustable and quite often do not fit the items desired for loading. The asphalt cutter is desired for improving the efficiency of asphalt repairs, but this option could be postponed fo) another year if necessary. It has been delayed for 2 years already for budgetary deficits. RECOMMENDATION Staff recommends Alternative No. 1, to transfer $1128 into the Capital Equipment Budget and purchase the entire package. The funds would be transferred internally from the Public Works Department supply budget. If that is undesirable, staff recommends eliminating the asphalt cutter from the package. Staff also recommends using the Guaranteed Buy Back option rather that the Direct Purchase option. ACTION REQUESTED 1 . Move to authorize the purchase of a Case 621 Front End Loader from Case Power and Equipment, Shakopee, Mn for a total purchase price of $92 , 928 and utilizing the guaranteed repurchase option after 5 years. 2 . Move to direct staff to prepare a Budgeted Resolution transferring $1128 from Public Works supplies into the Capital Equipment Budget. loader/equip 0 0 .. o 0 0 0 O s U co C7) N et O Uco tO L m CO N Q r 0) co ? ni U) coN 4o I- O 3 m 0EA o O T r 69 EA 69 a O 0 O 0 0 _ N '7 O :� O co N 4 r- 0 F-. U u) u) Co c\i v N. 69 64 �, 0 0 0 0 0 NCV r O O O coo 0 N O 0 Q. 0 , 1- N •- Oczi N NCO N 69 69. 69 69 EA o O O r CoN M O �I U) CO 0 a) Co z m CD a ~ Um z z I— It z 0 w 2 � V) C V 0 0 0 0 U < am M m o o °° Q _ = M Z 0 0' o 0 o Z m EA EA 69 I— (A CD C) 0 0 0 0 0 = C O C o tto to 0 in N O (0 } 'c U) C CL = 64 FA EA 69 O co O co O O U as O CO O 0 r 0 Cp Tr V C. O N. 0 (D CL N 0 ON. co CO CO0N. Q. EA EA 69 EA EA C a) 9. o c O us i tib. c! as y •ItO 5. 0 O C v C a r. _ L M 2 C 1 U <as a) CV as cr 0 3 ai 2 ai `a) a Z co (� <n o a ,- E 7 .� a) - 2 _ E 1L —_ a) ` a) Y a) xQ 3 C C a) NC)) -c = Q C -C C ii 4 (u = 0 N O Cts O is 0 U) 0 () U) LL .2 Co - IV 2 O (n U) it N M 4 Lei TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Sales Tax Impact DATE: April 28, 1992 Introduction The 1992 Legislature has imposed sales tax on cities effective June 1, 1992. Background The estimated impact of the imposition of sales tax on the City is in the range of $25,000 for the General Fund for 1992. Council has delayed making a decision on the purchase of a front end loader pending action by the legislature. Delay of receipt of this equipment resulting in the imposition of sales tax would increase the cost by about $6,040. If no action is taken to amend the 1992 budget, departments will have to absorb the tax within their existing budgets. COI\1SET / 1,) TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Declaration of Surplus Property DATE: April 23, 1992 Introduction Council recently discussed reduction of the fleet size and the timing is appropriate to declare property surplus in order to dispose of various items. Background In order to dispose of property, Council must declare it surplus. Various auction are coming up this summer and Council is requested to declare the below listed item as surplus property. Kiorite Blower Bucket Machine Weed Sprayer 4 - Stearns computers 1962 Ford fire truck #F85RU211007 (replaced by 1992 truck) 1952 GMC fetter truck #SN458 (replaced by 1992 unit) 1987 Chev Caprice #1G1BL5165HX200707 (custodian car) 1986 Ford LTD #2FABP43G3GX169130 (Fire Chief car) 1985 Ford LTD (Recreation car/fleet reduction) 1979 Home made trailer (fleet reduction) 1978 Chev dump truck #CCE668V150985 1983 Jeep #1JCCM85E9DT051133 (fleet reduction) 1955 Dodge Truck #SN80090851 (fleet reduction) 1954 Dodge Truck #80260686 (replaced by transfer from Eng. - 1982 Chev) 1954 Dodge Truck #80261605 (replaced by transfer from Bldg. - 1984 GMC) 1953 Dodge Truck #80047492 (parts unit) 1951 Dodge Truck #80007265 (parts unit) 1952 GMC Truck #5013 (parts unit) Police Department is receiving two new cars. One older squad car will be transferred to Fire Department to replace the above sale. One older squad car will be converted to other Police Department use which will free up a 1987 Caprice to be transferred to the custodians to replace the above sale. Engineering will be receiving a new pickup to replace the 1982 Chev which will be transferred to Public Works and a 1955 truck will be sold. Inspection has transferred a 1984 GMC to Public Works and a 1955 will be sold. Alternatives 1. Declare above property surplus. 2. Keep above property. 3. Combination of above. Recommendation Alternative number 1. Action Move to declare the following property surplus in order to permit its disposal. Kiorite Blower Bucket Machine Weed Sprayer 4 - Stearns computers 1962 Ford fire truck #F85RU211007 (replaced by 1992 truck) 1952 GMC fetter truck #SN458 (replaced by 1992 unit) 1987 Chev Caprice #1G1BL5165HX200707 (custodian car) 1986 Ford LTD #2FABP43G3GX169130 (Fire Chief car) 1985 Ford LTD (Recreation car/fleet reduction) 1979 Home made trailer (fleet reduction) 1978 Chev dump truck #CCE668V150985 1983 Jeep #1JCCM85E9DT051133 (fleet reduction) 1955 Dodge Truck #SN80090851 (fleet reduction) 1954 Dodge Truck #80260686 (replaced by transfer from Eng. - 1982 Chev) 1954 Dodge Truck #80261605 (replaced by transfer from Bldg. - 1984 GMC) 1953 Dodge Truck #80047492 (parts unit) 1951 Dodge Truck #80007265 (parts unit) 1952 GMC Truck #5013 (parts unit) / 3 � coNeENT • 1992 is early in the year and there are no anticipated "budget versus actual expenditure" problems at this point. O 0 O O 0 1--' O O O O O 0 0 0 0 CD 1 CD CD CD OD CO CD CO < Co CO 0D O C7 3 H H H H H -P" H' H' H' 1-' H H H H H - w H H H H H H H O H' H I--, H' o 0 4- w 4 •F" 4" 4' • 4 4: .� N 4 4 4 4 4 4 - - -P' - - H .. y N H H `n w N N) N) R) N w w \n co w w V) \O VD VO VO O O VD VD VD 0 c+ H H vi`n H -4 co w H H H 1 H H H 0 \O N N N N N N w N N IV w H O N N O O O O O O O O H O N H co 1 1 H CO N O O 9 Lo ON D\ P,. O N W ON-P- - ON r W H 0 1 O O O O O O O O O O O 0 N N OOO OOOOOC f H H 0 w N H' HH HCo H FO O\ O H O O O 'd w O\ O\- 0 H co -P- G\-P-4- 0\ H w H 0 1 0 0 0 0 0 0 0 0 0 0 0 HH. H N 4" N 0 4' H' N N 4 N N H H 1 O w O O O O O O O O O O O 0 0 O O 0 H O O O O O 0 0 0 0 op -J Co CO CO CD CD Co CD < CoCD CO Co 0 H H HH H HHHHH' H H H H -F" Co H H H' H H H H O HH H H '1. H H H H H H H 1-' N H H H H H H H H H H H H H H H P. H' H H' H 9 O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 H H H H H H H HH HHH H H H H H H H H H H H H H H H H n O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 O c+ a C) tI Lk) O\ H \..nW \C)- F' w H < 1 C o 1-'' a w Vl H R) \C) H H 0 w \O \O H' N N 1 0 O Co\O O\ 0 O N \n N 1 0 0 V1 w OD w -4 OD 0 H N CO N H 4- CO `n 1 VI O\ H CO w w 0 H CD \1 0 0 4 ON 0 N) 1 O N 0 \O 4' N 0 ON \D 1 ON "O \O 0 P. -1 4 Co 0 c+ 0 O\ �O O O ON ON O O N \O 0 O \O O O O O 1 O\ N 4 O NN\O 0 �p W c+ a A O C O Co = C 0 C = to = = 0) C 'Ci a b 0 t7 Z1 x1 = Z1 ZI 7d < ZI ,i 0:1 H 2 P D 0 c1- H c+ 'i P) 'i • G CD (D CD CD CD CD 0 CD (D CD '0 '0 0 Z F'• P• 10 r• 0 '0 O O CD B S B 3 a s r• a a a 'd 9 Cl) N• 'TS P, H O1§ '0 N '"b H. H) • CD N• H• H. H. H. H. P• H. H. H. 'i W c+ H 'CS • H• H H. CF cF c+ c+ c+ CF (1- cF c+ cF (Op x W w H ct 3 H. c+ Cl) C Cl)C1) P1 D go U1 0-4'� H (D 0 C r• P) CD H• (D H CID C) x 'd C7 C) 'd 3 CA << Cr) CD H• CO CD 'i 'i QR co P) (D t=i CD 1-1 P (D H HCD 9 .Q O O Cl) c Cr) < s) < • or (()) Ha CDD 1-3 �'i a a 1-3 P) Ct'' H. '�4) CC)) 'moi C C1i H O-' N• 0 ', '0 P• K C] H 'i '� 10 • 'J C (D d c+ Cn Cl) C t+i 70 H w w w w w w w w w w w w w w w w w co w w w w w w w www w a Co CO OD CO OD Co CO OD CO Co Co CO CO OD OD Co Co Co Co Co Co Co CO Co CO Co Co CO CO N V1 Vl Vl Vl V1 \D-1Vl V1 VI \J-1 \.r1Vl \.11 \I1 VI V1 Vl V1 V1 \J1 \11 VI VI V1 \J1 \J1\J1V1 \...n N N N N N H H H H' 1-' 1-' H H H H H H I-' H O O O © O O O O O O O co N H' I-' 0 \O CD CD CD CO CO 1 O\ v1 -P-- co N H 0 '-D Co -4 ON vt 4 w co co N C 3 CO t7 C] C) CO 9 tO b = 'd CD 3 < _ = X a N P O = 2 3 b _ _ Fes• C) CD 0 • '=1 H tri CD 0 P) 0 P1 F'• 0 '0 '=1 P) t 0/ Cr 3 'i H. 'i c+ : CD CD C CD H Cc+ • < • 0 )> C 9( m) a .0 P, '� e< o P CD CD go Z CD m '-') P) P H) 'i O O 0 H CO 0 OA CD (D 11 D H (D () • < `i N x x CD O '0 CD H. 44 Gd Cb pi 0 P1 H H. Z co H 11 O 0 ~ co \w71 O 0 P CO C x 0 CD CD 11 CD• (D '0 CD 'Ni 00 3 HO (D < 0 P, 0 CD • A x H 0\ H LA -P' \O p'cow H < ON H c+ H 0 w `D \D H \O N N —a 0 0 \O 0 O O -1 Co O \0NOD � QOHO F' NO OO\ O\ O . O 1 O O N `n O w N H � '.O 4 O 0 0 00 G\ ON O 00 \O 0 0 \O 0 0 0 0 1 O\ N 4" 0 w 0 O CD .(D 0 0 \00 t 30 Cr W O WH H' N N ct H W CA) —I 0 O H N O O O 0 0 0 N n 1-.Ca O N H H H cwt 'Y N O 1 H H N N N - CO --.1 -r O -IIC 0 o 0 0 0 0 0 y I I I I I C Z 1--. u--+ H H H H H' Mil 1 I I • IT1 -aN --if+7 O N .< 0 cu O O 0 0 0 0 0 A C'1 O = (D CD O ~0 0 H H 0 0 c0+ 0 0 B fD O 0 J• Sat > ro J p c+ — I-- a -1 In 0 -1 -... N Q! Q fl. b4 c+to -P- co t0 31. C WH H p rn i--) 10 0 Q\ 0 H 0 to N O W 4 \O 0 ct .0 W O W Q\ W—1 C31 O O H H 4 W H V Ct 0 O C -64 ~ + O MI H tD 0 N H. N LS c+ W U) o O .a N < 11 H ° ,� ro �P OWOONO � J N ct- - ~ ~ N tON000 � � 20 N 0) t,0 (St CT O O CO Cu CO .. N W CO C3IONOOW N �. y C N rr Q' s x ^ tom] CI) x v. ' 0 C7 DJ C7 tri F-' W co W W W LJ W OD CO OD OD 00 OD co N cI1 CnV1 V1 V1 V1 V1 N.) co --I0\ VNi 4 0 = c+ CD P < S ✓ CD b 0 .0 � a . 3 0 ' 0 P1 S `i ---t = - x � ..ter •0 = 0 ✓ 0" P1 CD CD `DmC CI X t000 H, N - o VI ON O N t�0 O W d\ O • t0 O W N ON 0 cr O I-' H / 5 MEMO TO: Dennis Kraft, City Administrator g1 FROM: Dave Hutton, Public Works Director 19/ ' Av SUBJECT: T.H. 169 Bridge and Minibypass DATE: April 27, 1992 INTRODUCTION: Attached is a proposed agreement for City Council consideration from Mn/DOT covering the final costs of designing the bridge and minibypass. BACKGROUND: Approximately one year ago, the City Council was presented with the final engineering costs for designing the Bridge and Minibypass Project. As they may recall, the City of Shakopee agreed to pay for all design costs associated with this project and subsequently solicited and hired a consultant to do the design. The project design exceeded the original contract amount by approximately $125, 000. 00. The consultant had requested that the City of Shakopee pay this overrun because the contract was between the consultant and the City of Shakopee, not Mn/DOT. At the time this overrun had been submitted to the City, the City of Shakopee had already transferred the entire $1.9 million contribution to Mn/DOT. Therefore there were no additional funds in the City' s account to pay this cost overrun by the consultant. The City Council therefore denied the consultant's request and directed the consultant to obtain this overrun directly from Mn/DOT. Because Mn/DOT did not have a contract with the consultant, this posed a serious problem for Mn/DOT as far as their ability to pay this overrun based on their system of doing agreements and funding projects. Based on this fact, a year long series of meetings was initiated to try to resolve this conflict. The first step of this process was that Mn/DOT requested and performed an audit of the consultant to determine if the cost overrun was justified. In addition to determining the actual costs of the overrun, Mn/DOT also reviewed the plans in great detail to make sure they met the requirements that were stated in the original Scope of Services for which the consultant was supposed to perform. Based on this review of the plans and audit, Mn/DOT has determined that the amount justified by the consultant is $83 ,732 . 00. The reason for the original cost overrun was for delays in the project letting, revising the plans to accommodate adding different stages to the project, increasing the scope of work desired, and other miscellaneous items, according to the consultant. Since Mn/DOT has now arrived at the final amount justified to the consultant, a system to accomplish paying the consultant must be established. Based on the fact that Mn/DOT does not have an agreement with the consultant, but rather the City does, Mn/DOT has indicated that the City of Shakopee should pay the consultant the requested amount. Mn/DOT does have an agreement with the City of Shakopee that the City of Shakopee's cost shall not exceed the $1.9 million contribution. This is not a formal agreement, but it is rather an agreement covered in a Memorandum of Understanding from Bill Crawford, District Engineer for Mn/DOT. Based on that Memorandum of Understanding, Mn/DOT is prepared to reimburse the City of Shakopee the full amount of $83 ,732 . 00. To accomplish this reimbursement Mn/DOT has indicated that the City of Shakopee and Mn/DOT should execute an agreement for that purpose. Attached is an agreement for City Council consideration indicating that Mn/DOT will reimburse the City of Shakopee $83 ,732 . 00. Upon receipt of the signed agreement from the City of Shakopee the State will execute the documents and return a fully executed copy to the City of Shakopee and the payment to the City will automatically follow shortly thereafter. The consultant has agreed to the final amount and has indicated that if there is any way to expedite the payment on this it would be appreciated. Since the original request of the overrun has been submitted there has been about 1 1/2 years of delays and meetings to address this issue. If the City Council agrees to this Mn/DOT agreement and authorizes its signing, the City Council could direct staff to initiate payment to the consultant for the amount. The payment from Mn/DOT will be coming from them automatically upon their execution of the agreement. If the City Council desires, they could elect to wait until we actually receive payment from Mn/DOT prior to paying the consultant. ALTERNATIVES: 1. Execute the attached agreement. 2 . Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1, to execute the attached agreement and to initiate the payment for the remainder of the consultant fees on this project. ACTION REQUESTED: 1. Move to authorize the appropriate City officials to execute the attached agreement with Mn/DOT covering the reimbursement of the consultant overruns in the amount $83,732. 00. 2 . Direct staff to make the payment to the consultant on receipt of the money from Mn/DOT. S.P. 7009 (T.H. 169) Mn/DOT Agree. No. 69417 Mini By-Pass in Shakopee Agreement Amount: $83,732 . 00 MINNESOTA DEPARTMENT OF TRANSPORTATION Agreement for Technical Services This Agreement between the State of Minnesota acting through its Commissioner of Transportation (hereinafter State) and Contractor: City of Shakopee Address: 129 East 1st Avenue, Shakopee, Minnesota 55379 Soc. Sec. or Tax I .D. No. : Fed. Tax I .D. No. : (hereinafter CONTRACTOR) witnesseth that: WHEREAS, STATE, pursuant to Minnesota Statute 1990 sections 15.061, 168.17 and 161.39 is empowered to employ such personnel as the Commissioner of Transportation deems necessary to discharge the functions of his office, and WHEREAS, the State and City of Shakopee entered into a letter of understanding wherein the State would participate financially in the design costs of T.H. 169 through said City; and WHEREAS, the State agrees to pay its participating amount through this agreement; and WHEREAS, Minnesota Statute 16A.15, Subd. 3 provides that every expenditure or obligation authorized or incurred without prior allotment or encumbrance as required by law shall be pronounced invalid and shall be ineligible for payment until its validity is established by the Commissioner of Finance by a determination that the services, materials and supplies for which payment is claimed, have been actually rendered or furnished to the State in good faith, without collusion, and without intent to defraud. NOW, THEREFORE, it is agreed: CONTRACTOR will perform all services and furnish and deliver all supplies set forth in the Special Conditions and/or the General Conditions of this Agreement and any attachments, enclosures or other conditions which are made part of this agreement, by reference in the Special Conditions and/or General Conditions. IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: As to form and execution by the 1 . CONTRACTOR: 3 . ATTORNEY GENERAL (If a corporation, two corporate officers must execute.) By: By: Title: Date: Date: 4 .COMMISSIONER OF ADMINISTRATION By: By: Title: Date: Date: 2 . STATE AGENCY OR DEPARTMENT 5 . COMMISSIONER OF FINANCE By: By: Title: Date: Date: Effective Date: 16A. 15 Applies Expiration: Sept. 1, 1992 Mn/DOT Agree. No. 69417 INDEX SUBJECT PAGES Special Conditions - Sections 1.0 - 9.0 2 General Conditions - Sections 10.0 - 34. 0 4 ii Mn/DOT Agree. No. 69417 SPECIAL CONDITIONS Section 1. 0 Term of Agreement Starting date: 16A. 15 Applies Completion date: September 1, 1992 Section 2 . 0 Scope of Work Not Applicable. Scope of Services is a detailed design plan for Mini By-Pass. Section 3 . 0 Items Provided by Mn/DOT Not Applicable Section 4. 0 Deliverables by Consultant Not Applicable. Final Plan (PSE) . Page 1 of 2 Mn/DOT Agree. No. 69417 Section 5. 0 Estimated Budget and Progress Reports 5. 1 A Lump sum method of payment is considered. TOTAL PAYMENT $83,732 . 00 For Mn/DOT participation of design costs. Section 6. 0 Rey Personnel The following individual (s) shall be considered key personnel and subject to the provision of Section 14 "Contractor' s Key Personnel" of the General Conditions. 1. David Hutton, Public Works Director Section 7 . 0 Designation of Mn/DOT Liaison. Gabriel Bodoczy, Consultant Agreement Engineer, C.O. , as an Agreement Administrator (296-3051) , or his successor has been designated as Mn/DOT' s liaison for this project. Section 8. 0 Modification of the General Conditions Because the Lump Sum method of payment has been chosen for this Agreement: 8 . 1 Sections 10. 1, 10. 2, 10. 3, 10.4 , 11. 23 , 11. 24, 11. 25, 11. 26 and 11. 3 of General Conditions are hereby invalid for this Agreement. Except for the changes set forth in the Special Conditions, all other provisions of attached General Conditions shall be deemed to have been in force. Section 9 . 0 Additional Provisions None Page 2 of 2 April 1991 GENERAL CONDITIONS THIS AGREEMENT SHALL BE INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF MINNESOTA. Section 10.0 CONSIDERATION For all services performed by CONTRACTOR pursuant to this contract the compensation to be paid by the STATE shall include any or all the following items: 10.1 Direct Salary Costs - shall be actual salary cost of employees time directly chargeable to the services performed. 10.2 Overhead Costs - shall include Fringe Benefits and General and Administrative overhead costs and shall be a percentage of Direct Salary Costs. Overhead Costs bsshall ube atthe d bahedaoprn f appropriate al pro visional overhead rate applicable to the work being performed andshall 10.3 Fee - is in addition to the aforesaid costs. Fee shall be based on a percent of direct salary costs and overhead costs and shall not exceed a maximum established under Special Conditions of this Agreement. Fee payment shall be at the negotiated percentage for actual direct salary and overhead costs invoiced. In no case shall the maximum Fee for any work order be exceeded. It is understood that the maximum Fee will be subject to adjustment when there is an increase in the scope of work. 10.4 Other Direct Costs a) reimbursement for travel and subsistence expenses actually and necessarily incurred by Contractor performance of this contract in an amount not to exceed the amount defined in the Special Conditions; provided, that CONTRACTOR shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the Commissioner of Employee Relations. CONTRACTOR shall not be reimbursed for travel and subsistence expenses incurred outside the State of Minnesota unless it has received prior written approval for such out of state travel from the STATE. b) cost and expenses not covered by Sections 10.1, 10.2, 10.3, 10.4a and specially described in Special Conditions of this Agreement. Section 11.0 TERMS OF PAYMENT 11.1 PAYMENTS shall be paid by the STATE promptly after Contractor's presentation of invoices for services performed and acceptance of such services by the STATE'S authorized agent. 11.11 Invoices shall be paid in an amount equal to 98% of the approved amount; retainage to be paid after satisfactory completion of the work under the terms of this contract and as determined by final audit. 11.2 INVOICES/Partial Payment - CONTRACTOR may submit invoices, not more often than one each month. Such invoices shall identify the cost for work performed for the billing period and satisfy the requirements listed bellow: 11.21 FORMAT - Use attached format as cover or lead sheet when invoicing. 11.22 CONTROL INFORMATION - (To be shown on lead sheet of each monthly invoice.) a) Mn/DOT Agreement Number b) Mn/DOT Work Order Number when required c) Invoice Number, sequential d) Signature request on each invoice attesting to services and costs as new and no previous payment received. e) A copy of each invoice is to be sent to the State's Project Manager for review and payment approval. 11.23 A PAYROLL COST BREAKDOWN which shall include the name of the employee, classification, rate of pay, hours worked, and total payment for each invoice period. 11.24 SIGNED TIME SHEETS for each employee listing dates and hours worked. Accounting-system-generated computer printouts of Labor costs for the project may be submitted. The printouts should show the project number, each employee's name, hourly rate, regular and overtime hours, and the dollar amount charged to the project for each pay period. If computer printout sheets are used, copies of signed time sheets for each employee shall be made available for audit when and where requested by the State. Maintain current classification rates per project; include with first invoice and submit for approval updates relative to changes as needed. Page 1 of 4 April 1991 11.25 DIRECT EXPENSES. - Other direct non-salary costs shall be identified and supported with necessary documents to show that such costs are properly allocable to the project. Support documentation shall be separated in an orderly manner and correspond with each direct expense. 11.26 SUBCONSULTANT EXPENSES must have all the above documentation. 11.3 Overtime Premium Pay - for work or services performed by the CONTRACTOR or subcontractor may be authorized by specific tasks with advance approval by the STATE. Approval of premium pay for various classifications will be in accordance with existing STATE overtime policy. Hours worked in excess of regularly scheduled work days or in holidays without advance approval will be reimbursed at regular rates. 11.4 Total Estimated Payment. - If it appears at any time that the CONTRACTOR will exceed the total estimated payment stated in the Agreement, the CONTRACTOR agrees that he will not perform any work in excess of that amount until he has been advised by the STATE that a Supplemental Agreement has been executed. 11.41 It shall be the responsibility of the Contractor to originate all requests for additional encumbrances, compensation and for supplemental agreement. 11.5 Final Payment - due the CONTRACTOR and subcontractor will be based on actual acceptable costs as determined by an audit conducted by the STATE. The audit will be conducted with the cost principles and procedures set forth in the Federal Acquisition Regulations, 48 CFR 1-31.2 (Contract with Commercial Organizations) which are made a part hereof by reference with the same force and effect as though fully set forth herein. 11.51 Based upon final audit, the final payment to CONTRACTOR may exceed the maximum Contract amount without Supplemental Agreement. 11.6 When applicable, payments are to be made from federal funds obtained from the STATE through current Titles, Acts, Laws and amendments. If at any time such funds become unavailable, this contract shall be terminated immediately upon written notice of such fact by the STATE to CONTRACTOR. In the event of such termination, Contractor shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. Section 12.0 CONDITIONS OF PAYMENT All services provided by CONTRACTOR pursuant to this contract shall be performed to the satisfaction of the STATE, as determined in the sole discretion of its authorized agent , and in accord with all applicable federal, state and local laws, ordinances, rules and regulations. CONTRACTOR shall not receive the payment for work found by the STATE to be unsatisfactory, or performed in violation of Federal, State or local law, ordinance, rule or regulation. Section 13.0 MM/DOT'S AUTHORIZED AGENTS 13.1 The Mn/DOT's authorized agent for the purpose of administration of this contract is the Consultant Agreement Engineer. The Consultant Agreement Engineer shall have final authority for acceptance of CONTRACTOR'S services and if such services are accepted as satisfactory, shall so certify on each invoice submitted. 13.2 The Mn/DOT's authorized agent for the purpose of technical supervision of this Agreement is defined in the Special Conditions of this Agreement as a Project Manager (Technical Representative). The Project Manager (Technical Representative) shall have authority to evaluate quantity and quality of the Contractor's services and if such services are accepted as satisfactory shall so certify on each invoice. Section 14.0 CONTRACTOR'S KEY PERSONNEL 14.1 The CONTRACTOR'S key personnel specified by name in the Special Conditions of this Agreement are considered to be essential to the work being performed. 14.2 If, for any reason, substitution of a specified individual becomes necessary, the CONTRACTOR shall provide timely written notification to the Consultant Agreement Engineer. Such written notification shall include the proposed successor's name and a resume of his qualifications. The STATE shall have a right to approve or reject the proposed successor. Section 15.0 ASSIGNMENT 15.1 CONTRACTOR shall neither assign nor transfer any rights or obligations under this contract without prior written consent of the STATE. Such written authority shall in no way relieve the CONTRACTOR from the primary responsibility for performance of the work. 15.2 All subcontractors agreements exceeding $10,000.00 shall contain all required provisions of this agreement. Page 2 of 4 April 1991 Section 16.0 CONFERENCES 16.1 The CONTRACTOR shall confer with the STATE as often as is necessary in regard to the work to be done under this Agreement and perform the travel necessary for such conferences. 16.2 When requested by the STATE, the CONTRACTOR shall assist the STATE in negotiations with other interested parties. Section 17.0 LIABILITY CONTRACTOR agrees to indemnify and save and hold the STATE, its agents and employees harmless from any and all claims or causes of action arising from the performance of this contract by CONTRACTOR or CONTRACTOR'S agents or employees. This clause shall not be construed to bar any legal remedies CONTRACTOR may have for the STATE'S failure to fulfill its obligations pursuant to this contract. Section 18.0 CLAIMS/WORKERS' COMPENSATION 18.1 Any and all employees of the CONTRACTOR or other person while engaged in the performance of any work or services required by the CONTRACTOR under the agreement shall not be considered employees of the STATE, and any and all claims that may or might arise under the Worker Compensation Act of Minnesota on behalf of said employees or other persons while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of the CONTRACTOR,s employees or other person while so engaged on any of the work or services to be rendered shall in no way be the obligation or responsibility of the STATE. 18.2 In accordance with the provisions of Minnesota Statutes, 1990, Section 176.182, the STATE affirms that CONTRACTOR has provided acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statuses, 1990, Section 176.181, Subdivision 2. Section 19.0 AFFIRMATIVE ACTIONS When applicable, CONTRACTOR certifies that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, 1990, Section 363.073 Section 20.0 COMPLIANCE TO LAWS & REGULATIONS CONTRACTOR shall comply with all Federal,State and local laws, together with all ordinances and regulations applicable to the work. CONTRACTOR shall procure all licenses, permits, or other rights necessary for the fulfillment of his obligations under this agreement. Section 21.0 AUDITS AND INSPECTIONS 21.1 The books, records, documents, and accounting procedures and practices of the CONTRACTOR relevant to this contract shall be subject to examination by the Mn/DOT and legislative auditors. 21.2 Duly authorized representatives of Mn/DOT and Federal Highway Administration shall have the right to inspect during regular working hours the work of the CONTRACTOR under the Agreement issued thereunder whenever they deem it necessary. Section 22.0 OWNERSHIP OF DOCUMENTS 22.1 Any reports, studies, photographs, negatives, or other documents prepared by CONTRACTOR in the performance of its obligations under this contract shall be the exclusive property of the STATE and all such materials shall be remitted to the STATE by the CONTRACTOR upon completion, termination or cancellation of this contract. CONTRACTOR shall not use, willingly allow or cause to have such materials used for any purpose other than performance of CONTRACTOR'S obligations under this contract without the prior written consent of the STATE. 22.2 The originals of all reports, drawings, work sheets, plans, field notes, computations and other project data shall be turned to the STATE as follows: - Upon written notice of termination of the agreement - Prior to final settlement of a dispute arising out of this agreement. - Prior to final payment of the ultimate gross amount earned. Section 23.0 INSURANCE by any means of all data furnished 23.1 CONTRACTOR the CONTRACTOR by the STATE satisfactory andrforvpartially completed daidence of insurance ta for towhich the STATE has made payment. 23.2 For work on railroad property the CONTRACTOR must obtain Railroad Protective Liability Insurance in accordance with Mn/DOT Specification 1708.2 (1988 Edition) or its successor. Page 3 of 4 April 1991 Section 24.0 DELIVERABLE STANDARDS 24.1 CONTRACTOR shall be responsible for the accuracy of the work under this Agreement and shall promptly make necessary revisions or corrections thereto resulting from errors and omissions on the part of the CONTRACTOR without additional compensation. Acceptance of the work by the STATE will not relieve the CONTRACTOR of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. 24.2 The CONTRACTOR agrees that the plans and specifications provided to the STATE for this work shall be adequate and sufficient for the proper construction of the work and their intended purposes. Section 25.0 ANTITRUST CONTRACTOR hereby assign to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. Section 26.0 OFFICIALS NOT TO BENEFIT 26.1 CONTRACTOR shall not engage, on a full or part-time or other basis during the period of the contract, any professional or technical personnel who are or have been at any time during the period of contract in the employ of the STATE, except regularly retired employees, without written consent from the STATE. 26.2 The CONTRACTOR warrants that the CONTRACTOR has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that the CONTRACTOR has not pay or agreed to pay any company or person, other than a bona fide employee working for the CONTRACTOR, any fee, commissions, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award of making of the agreement. Section 27.0 TERM OF AGREEMENT 27.1 This agreement shall be effective up to date defined by Special Conditions, or upon such date as it is executed as to encumbrance by the Commissioner of Finance, whichever occurs later, and shall remain in effect until date defined in Special Conditions, or until all obligations set forth in this agreement have been satisfactory fulfilled, whichever occurs first. 27.2 The State may extend the aforesaid time completion period upon written request from the Consultant for delays encountered that are beyond control. The amount of such time extension shall be determined by the Consultant Agreement Engineer of the State who is authorized to grant such extension. Section 28.0 CANCELATION 28.1 This contract may be canceled by the STATE at any time, with or without cause, upon thirty (30) days' written notice to the other party. In the event of such cancelation CONTRACTOR shall be entitled to payment, determined on pro rata basis, for work or services satisfactory performed. 28.2 The total payment will be determined by mutual agreement between the STATE and CONTRACTOR. The payment to the CONTRACTOR shall not exceed the total payment as set forth in the original agreement or succeeding supplements of work orders. A supplemental agreement shall be executed setting forth the reduced amount of compensation the CONTRACTOR shall receive. Section 29.0 CONTRACT COMPLETE 29.1 The work to be done in connection with this Agreement may be changed by the request of the State, with the mutual concurrence of the contractor: any such change shall clearly and fully be defined in writing, approved by both parties and total payment covering such change shall be negotiated under a separate supplemental agreement. 29.2 This Agreement, including all items incorporated hereunto by reference or attachment, contains all agreements and covenants between the CONTRACTOR and the STATE. No other understanding, provisions, or materials, whether written, oral, or otherwise, regarding the subject matter of this Basic Agreement, shall be deemed to exist or to bind either or both of the parties hereto. Section 30.0 TERMS OF GENERAL CONDITIONS 30.1 To the extent of any inconsistencies between the Special Conditions and the General Conditions, the Special Conditions shall control. 30.2 Any and all provisions of the General Conditions remains in force until they are specially and deliberately canceled by the Special Conditions of this Agreement. Page 4 of 4 3N MEMO TO: Dennis Kraft, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Noise Variance/Working Hours for T.H. 101 Milling & Overlay Project DATE: May 1, 1992 INTRODUCTION & BACKGROUND: Mn/DOT and contractor forces are to begin resurfacing of T.H. 101 from Marschall Road to T.H. 13 in Savage on May 11, 1992 . Due to the size of the project and time constraints, Mn/DOT is requesting a variance from the noise/working hours Ordinance No. 108 to allow the contractor to work two 10-hour shifts per day. RECOMMENDATION: City staff feels this is a legitimate request which will limit the length of construction activities on T.H. 101 and recommends City Council approval of a variance of Ordinance No. 108. ACTION REQUESTED: City Council approval of variance to Ordinance No. 108 for Mn/DOT Project No. 7001-65 waiving the 7 : 00 A.M. to 10: 00 P.M. working hours restrictions. RR/pmp MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director , X SUBJECT: Traffic Signal at 10th Avenue and C.R. 17 DATE: April 27, 1992 INTRODUCTION: Attached is a response from the Scott Highway Engineer regarding the City of Shakopee's request to perform a traffic signal justification study for the intersection of 10th Avenue and County Road 17 for City Council action. BACKGROUND: The City Council of Shakopee requested that the Scott County Highway Engineer perform a traffic signal justification study for the intersection of 10th Avenue and County Road 17 to determine if traffic signals are warranted at this intersection. Based on the results of this study, the Scott County Highway Engineer has indicated that a traffic signal is justified. Based on that study, Scott County is prepared to proceed with the design and construction of this traffic signal if the City of Shakopee agrees with participating in the cost of the project. The Scott County Cost Participation Policy indicates that the County will pay for the portion of the traffic signal on their legs of the intersection and the municipalities will pay for the portion of the traffic signal on City street legs of the intersection. Based on this intersection having two legs of County highway and two legs of City street, the City' s share of this project would be 50% of the cost. The cost estimate for this traffic signal is $80, 000. 00, as indicated in the Scott County Highway Engineer's letter. Therefore the City of Shakopee' s portion of this would be approximately $40, 000. 00. If acceptable to the City of Shakopee, the County will prepare the necessary agreements covering the cost sharing and design the project for a fall letting and the actual construction would probably take place in early spring 1993. ALTERNATIVES: 1. Accept the request and direct City staff to initiate the signal design and preparation of the joint agreement between Scott County and the City of Shakopee. 2 . Deny the request and inform the County that the City does not desire a signal at this intersection at this time. 3 . Table the request until after the Shakopee Bypass opens to determine if the traffic patterns change substantially. RECOMMENDATION: Staff recommends Alternative No. 1, to inform the Scott County Highway Engineer that the City of Shakopee is willing to proceed with this project and participate in our share of the costs. The Shakopee Chief of Police also suuports the installation of this traffic signal (see attached memo) . The Finance Director has indicated that the funding for the City's share of the street light would either come from the Capital Improvement Fund or the General Fund. If it is to be included in the General Fund, it should be budgeted for the 1993 Budget and probably put in the street division budget. ACTION REQUESTED: Move to direct the appropriate City staff to notify Scott County that the City of Shakopee desires to proceed with the traffic signal design and participate in the cost for the installation of a traffic signal at 10th Avenue and County Road 17. DH/pmp SIGNAL tSCOT:_`_ T COUNTY HIGHWAY DEPARTMENT r. 'tib:" 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 April 10 , 1992 Asst. Highway Engineer-Construction Mr. Dave Hutton Public Works Director City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re : CSAH 17 @ 10th Avenue Dear Dave : We have completed our traffic surveys and analysis of the survey data for CSAH 17 at 10th Avenue . The results of the analysis show justification for installation of a traffic signal under Warrant 1 , Minimum Vehicular Volume, of the Manual on Uniform Traffic Control Devices . A copy of the traffic study together with the Traffic Signal Justification Report are enclosed. Scott County, therefore, is prepared to proceed with traffic signal design and construction if the City of Shakopee agrees with pursuing and participating in the project . A rough estimate of the cost is $80, 000, of which one-half ( $40, 000) would be the City' s share . Anticipated schedule would have a Fall, 1992 letting with signal installation in early Spring, 1993 . If you have any questions or would like any further information, please contact this office . Sincerely, e°.3;‘,4,-.4j Bradley J. Larson, P .E . County Highway Engineer BJL/kmg Enc . An Equal Opportunity/Affirmative Action Employer TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Purchase of Pickup for Engineering Department DATE: May 5, 1992 Introduction Council authorized the purchase of a compact pickup for the Engineering Department in January 1992. The vendor claims to have not received the purchase order and therefore there is no truck on order under the Hennepin County contract as authorized by Council. Background The Council authorized order of a compact pickup for Engineering under the Hennepin County contract has not been filled due to claimed non-receipt of the purchase order by the vendor. The order period for the contract has expired. The original purchase order was in the amount of $8,339.00. The amount available in the 1992 budget is $10,000 including tax. The 1982 truck that the new truck will replace will be cycled down to Public Works for seasonal use. The same vendor, the next two lowest bidders on the contract and the two local new car dealers were asked to submit a quotation to supply a compact pickup based on the same specifications. The original unit bid was a Ford Ranger. The Ford plants are not accepting any more orders for 1992 Ranger trucks. Two GM dealers have stated that they can still order 1992 S10 trucks. Alternatively, the dealers were invited to submit a quotation for units that they have in stock. The in stock units have various combination of equipment to increase the cost in the areas of larger motor, interior upgrades, longer box, custom paint or wheels, etc. . Quotes for new order: Thomas Pontiac (6 weeks del. ) $9,860.00 Shakopee Chev (6 weeks del. ) 10,105.75 Quotations for in stock: Shakopee Ford $10,341.70 Thomas Pontiac 10,980.00 Shakopee Chev 11,378.00 Boyer Ford Trucks 11,423.00 Grossman Chev (Hastings Auto) - no firm quote Alternatives 1. Do not buy a new truck. 2. Buy a used truck. Used trucks are not real plentiful and tend to have more equipment which raises the cost relative to the cost of a new truck with less equipment. 3. Wait until next year to order under the Hennepin Co. contract. 4. Buy a truck in stock. Shakopee Ford has the lowest quotation in the amount of $10,341,70. S. Order a truck from the factory. Thomas Pontiac has the lowest quote in the amount of $9,860.00. Recommendation Alternative number S. The Public Works Director recommends alternative number S. The cost is the lowest, the truck will be equipped the same as other Engineering trucks and the color will match. The cost of the new truck will exceed the budget after tax and license are paid. The overage can be handled by increasing the transfer from the Capital Equipment Fund or by transfer of appropriation within the Engineering Division. Action Requested Move to authorize the purchase of a compact pickup from Thomas Pontiac GMC for $9,860.00. In the event Thomas is not able to complete the order due to factory cut off, staff is authorized to purchase a compact pickup from Shakopee Ford in the amount of $10,341.70. 43\ TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Purchase of Pickup for Engineering Department DATE: May 1, 1992 Introduction Council authorized the purchase of a compact pickup for the Engineering Department in January 1992. The vendor claims to have not received the purchase order and therefore there is no truck on order under the Hennepin County contract as authorized by Council. Background The Council authorized order of a compact pickup for Engineering under the Hennepin County contract has not been filled due to claimed non-receipt of the purchase order by the vendor. The order period for the contract has expired. The original purchase order was in the amount of $8,339.00. The amount available in the 1992 budget is $10,000 including tax. The 1982 truck that the new truck will replace will be cycled down to Public Works for seasonal use. The same vendor, the next two lowest bidders on the contract and the two local new car dealers were asked to submit a quotation to supply a compact pickup based on the same specifications. Quotations will be on the table for Tuesday night ou ONS NT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Initiating Vacation of Drainage Easement in Lot 8 , Block 1, Hillwood Estates DATE: April 24, 1992 INTRODUCTION: The attached Resolution No. 3579 sets a public hearing date to consider the vacation of the 20 ' drainage easement in Lot 8, Block 1, Hillwood Estates. BACKGROUND: The City has received a petition for the vacation of the 20 ' drainage easement in Lot 8 , Block 1, Hillwood Estates from Dale Dahlke. The attached resolution sets a public hearing for June 2 , 1992 . On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to City Council for their consideration. RECOMMENDED ACTION: Offer Resolution No. 3579 , A Resolution Setting the Public Hearing Date to Consider the Vacation of a 20 ' Drainage Easement in Lot 8, Block 1, Hillwood Estates, and move its adoption. RESOLUTION NO. 3579 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A 20 ' DRAINAGE EASEMENT IN LOT 8, BLOCK 1, HILLWOOD ESTATES WHEREAS, it has been made to appear to the Shakopee City Council that the portion of the 20 ' drainage easement within Lot 8, Block 1, Hillwood Estates, serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 2nd day of June, 1992, at 7 : 30 P.M. , or thereafter, on the matter of vacating that portion of the 20 ' drainage easement within Lot 8 , in Block 1, Hillwood Estates. WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U. S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1992 . Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CONSEi\ T MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Directo SUBJECT: Vierling Drive, C.R. 17 to C.R. 79 DATE: April 28, 1992 INTRODUCTION: Attached is Resolution No. 3583 which approves the plans and specifications and authorizes staff to advertise for bids for the Vierling Drive Project No. 1992-3 . BACKGROUND: On March 3 , 1992 the City Council of Shakopee held a public hearing and ordered the preparation of plans and specifications prepared for the construction of Vierling Drive, between County Road 17 and County Road 79 by Resolution No. 3556. This project consists of constructing Vierling Drive to Municipal State Aid Standards including street construction, curb & gutter, storm sewer and sidewalk. The plans and specifications have been completed and the project is ready for bids. The plans have been submitted to the District State Aid office for their approval and they have indicated that their approval should be completed within 2 to 3 weeks. The City of Shakopee cannot award this project until the State Aid office has approved the plans, but it is acceptable to begin the bidding process during the review portion of the project. Attached is Resolution No. 3583 which authorizes the advertisement for bids for this project by the City Council. If approved, the following is the proposed bid schedule for this project: May 5 Permission to Bid May 14 Advertisement for Bids May 21 Advertisement for Bids May 28 Advertisement for Bids June 5 Bid Opening June 16 Award Contract July 1 Construction Begins A copy of the plans and specifications will be available at the Council meeting for review and comments or they can be inspected ahead of time in the Engineering Department. ALTERNATIVES: 1. Adopt Resolution No. 3583 authorizing staff to advertise for bids on this project. 2 . Deny Resolution No. 3583 . RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3583 , A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Vierling Drive, Between County Road 17 to County Road 79 , Project No. 1992- 3 , State Aid Project No. 166-104-01 and move its adoption. DH/pmp MEM3583 RESOLUTION NO. 3583 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For Vierling Drive, Between County Road 17 And County Road 79 Project No. 1992-3 State Aid Project No. 166-104-01 WHEREAS, pursuant to Resolution No. 3556 adopted by City Council on March 17, 1992, David E. Hutton, Public Works Director has prepared plans and specifications for the improvement of Vierling Drive, between County Road 17 and County Road 79 to Municipal State Aid Standards by street construction, curb & gutter, storm sewer and sidewalk 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 improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Shakopee Bypass T.H. 41 to CSAH 15 DATE: April 27, 1992 INTRODUCTION: Attached is Resolution No. 3581, a resolution approving the preliminary layout (No. 2A) for that portion of the Shakopee Bypass located between Trunk Highway (T.H. ) 41 and County State Aid Highway (CSAH) 15 located within the City of Shakopee. BACKGROUND: The City of Shakopee has received a request from Mn/DOT requesting approval of the preliminary layout No. 2A for the proposed Shakopee Bypass for that portion of the bypass located between T.H. 41 and CSAH 15 located within the Shakopee City limits. Basically this layout addresses the County Road 69 interchange and the acccess to the Shakopee Town Square Mall. Mn/DOT is requesting that the City of Shakopee approve this layout by adopting attached Resolution No. 3581. This layout is in conformance with the overall layout of the bypass that has been reviewed and approved by the City Council previously. As indicated in the letter from Mn/DOT, the project is scheduled for a 1993 bid letting. ACTION REQUESTED: Offer Resolution No. 3581, A Resolution Approving the Preliminary Layout (No. 2A) for the Portion of the Shakopee Bypass Located Between Trunk Highway 41 and County State Aid Highway 15 Located Within the Shakopee Corporate Limits and move its adoption. DH/pmp MEM3581 RESOLUTION NO . 3581 A Resolution Approving the Preliminary Layout ( No. 2A ) for the Portion of the Shakopee Bypass Located Between Trunk Highway 41 and County State Aid Highway 15 Located Within the Shakopee Corporate Limits At a meeting of the City Council of the ity of Shakopee, held on the day of , 1991, the following Resolution was offered by seconded by to wit: WIIEREAS the Commissioner of the Department of Transportation has prepared a preliminary layout for the improvement of a part of Trunk Highway Number 187 renumbered as Trunk Highway No. 101 within the corporate limits of the City of Shakopee, from 115th Street to So. Corp. limits; and seeks the approval thereof, and WHEREAS said preliminary layouts are on file in the Office of the Department of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. 2A (portion) S.1'. 7005-42 (101=187) from proposed T.H. 41 to C.S.A.H. 15. NOW, THEN, BE IT RESOLVED that said preliminary layouts for the improvement of said Trunk Highway with the corporate limits be and hereby arc approved. Upon the call of the roll the following Council Members voted in favor of the Resolution • The following Council members voted against its adoption: • whereupon the Mayor and/or the presiding officer declared the Resolution adopted. Dated , 1991 Mayor Approved as to form : Attest City Clerk City Attorney STATE OF MINNESOTA ) ss. COUNTY OF SCOTT ) CITY OF SIIAICOI'EE ) l21/ C1 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director 4i,d SUBJECT: Apgar Street Project DATE: April 30, 1992 INTRODUCTION: At the April 7, 1992 public hearing for the Apgar Street Project, the City Council directed staff to explore the feasibility of adding the section of 2nd Avenue between Atwood Street and Apgar Street to the project for possible reconstruction at the same time. Staff has completed the report on this section of 2nd Avenue, which is attached for City Council review and discussion. BACKGROUND: On April 7 , 1992 the City Council of Shakopee held a public hearing to consider the street improvements to Apgar Street, between 1st Avenue and 6th Avenue. As presented at the public hearing, the original feasibility report also included the construction of 2nd Avenue, between Apgar Street and Pierce Street (which is currently a gravel street) , the construction of Pierce Street between 2nd Avenue and 3rd, the installation of sanitary sewer and watermain in 2nd Avenue, and the reconstruction of Shumway Street between 2nd Avenue and 3rd Avenue. At the conclusion of the public hearing, the City Council ordered the improvements with some revisions to the project scope. The main revisions include the following: • Eliminated the installation of all new sanitary sewer and watermain on 2nd Avenue between Apgar Street and Pierce Street. • Eliminated all proposed improvements to Shumway Street between 2nd Avenue and 3rd Avenue. • Directed staff to reconstruct all of the streets to 44 feet wide rather than 36 feet wide as recommended in the feasibility report. • Accepted an offer from Rahr Malting to contribute $10, 000. 00 towards the construction of 2nd Avenue and reduce the project costs that would be assessed to the abutting property owners accordingly. Staff has prepared an amendment to the original feasibility report to make the appropriate revisions as directed by the City Council and listed above. Attached is an amendment to the feasibility report which also revises the estimated assessment role. In addition to making the revisions in the project scope the City Council directed staff to explore the possibility of reconstructing 2nd Avenue between Apgar Street and Atwood Street for possible inclusion in the project to be reconstructed at the same time. Staff has made an analysis of this two block section of 2nd Avenue and this analysis is also covered in the attached amendment to the feasibility report. Staff would like to give a brief summary on this two block section to the City Council, but if any of the project is to be assessed a public hearing will need to be held to notify the property owners on this section. Staff is recommending that the public hearing be scheduled and has attached a resolution which accepts this feasibility report and orders the public hearing set. ALTERNATIVES: 1. Adopt Resolution No. 3585 which accepts the report and sets the date for the public hearing. 2 . Deny Resolution No. 3585. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3585, A Resolution Receiving a Report and Calling a Hearing on an Improvement to 2nd Avenue, Between Apgar Street and Atwood Street, Project No. 1992-6 and move its adoption. DH/pmp MEM3585 RESOLUTION NO. 3585 A Resolution Receiving A Report And Calling A Hearing On An Improvement To 2nd Avenue, Between Apgar Street And Atwood Street Project No. 1992-6 A report has been prepared by the City Engineer, with reference to the improvements on 2nd Avenue, between Apgar Street and Atwood Street by street reconstruction, and this report was received by the Council on May 5, 1992 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the improvement of 2nd Avenue, between Apgar Street and Atwood Street by street reconstruction in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $35, 278 . 55. 2 . A public hearing shall be held on such proposed improvements on the 19th day of May, 1992 , at 8 :00 P.M. or thereafter, in the Council Chambers of City Hall, at 129 East 1st Avenue, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1992-6 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney AMENDMENT TO THE APGAR STREET FEASIBILITY REPORT I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Date 94 Registration No. 19133. APRIL 1992 FEASIBILITY STUDY FILED IN 1992-6 PROJECT FILE V®I vENT l 54e MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolutions of Appreciation DATE: April 30, 1992 INTRODUCTION: Attached are three resolutions of appreciation to individuals who have served on boards and commissions for more than five years and who were not reappointed this year. BACKGROUND: It is city policy to adopt resolutions of appreciation for individuals who have served for five years or more on a city board or commission(s) ; and, to send a letter of appreciation to those who have served less than five years. Three individuals, whose terms expired this year and who chose not to be reappointed, have served the city for more than five years. The individuals whose terms expired and chose not to be reappointed who served under five years are being sent a letter of appreciation from the Mayor, pursuant to the policy. The resolutions are being put on the consent agenda. The individuals are being called and invited to the meeting. If any of them are available to come, Council will want to remove the resolution(s) from the consent business. It is recommended that the resolutions be adopted after approval of the consent business, if the individuals are present. Then they would not have to wait around until the end of the meeting. RECOMMENDED ACTION: 1. Offer Resolution No. 3587 , A Resolution of Appreciation to Eugene Allen, and move its adoption. 2 . Offer Resolution No. 3588 , A Resolution of Appreciation to Lill Abeln, and move its adoption. 3 . Offer Resolution No. 3589 , A Resolution of Appreciation to Jane Dubois, and move its adoption. NT / 4/ .fie g, MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolutions of Appreciation DATE: April 30, 1992 INTRODUCTION: Attached are three resolutions of appreciation to individuals who have served on boards and commissions for more than five years and who were not reappointed this year. BACKGROUND: It is city policy to adopt resolutions of appreciation for individuals who have served for five years or more on a city board or commission(s) ; and, to send a letter of appreciation to those who have served less than five years. Three individuals, whose terms expired this year and who chose not to be reappointed, have served the city for more than five years. The individuals whose terms expired and chose not to be reappointed who served under five years are being sent a letter of appreciation from the Mayor, pursuant to the policy. The resolutions are being put on the consent agenda. The individuals are being called and invited to the meeting. If any of them are available to come, Council will want to remove the resolution(s) from the consent business. It is recommended that the resolutions be adopted after approval of the consent business, if the individuals are present. Then they would not have to wait around until the end of the meeting. RECOMMENDED ACTION: 1. Offer Resolution No. 3587, A Resolution of Appreciation to Eugene Allen, and move its adoption. 2 . Offer Resolution No. 3588, A Resolution of Appreciation to Lill Abeln, and move its adoption. 3 . Offer Resolution No. 3589, A Resolution of Appreciation to Jane Dubois, and move its adoption. RESOLUTION NO. 3587 A RESOLUTION OF APPRECIATION TO EUGENE ALLEN WHEREAS, Eugene Allen has served on the Energy & Transportation Committee from January of 1985 until January of 1988; and WHEREAS, Eugene Allen served on the Planning Commission from February of 1988 until his term expired in January of 1992 ; and WHEREAS, Eugene Allen has unselfishly contributed many hours of service to the City of Shakopee while serving on the Energy & Transportation Committee and on the Planning Commission during the past seven years. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the City Planning Commission and City staff, that the Shakopee City Council does hereby extend to Eugene Allen the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney RESOLUTION 3588 A RESOLUTION OF APPRECIATION TO LILLIAN ABELN WHEREAS, Lillian Abeln served on the Cable Communication Advisory Commission from February 1, 1983 until January 31, 1992; and WHEREAS, Lillian Abeln has unselfishly contributed many hours of service to the City during her nine years on the Cable Communication Advisory Commission. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Cable Communications Advisory Commission and the City staff, that the Shakopee City Council does hereby extend to Lillian Abeln the deep appreciation of the City for her years of civic interest and dedicated service to the community. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney RESOLUTION 3589 A RESOLUTION OF APPRECIATION TO JANE DUBOIS WHEREAS, Jane DuBois served on the Community Development Commission from February 2, 1982 until January 31, 1992; and WHEREAS, while serving on the Community Development Commission, Jane DuBois did have the opportunity to serve as Vice Chair and as Secretary, and has unselfishly contributed many hours of service to the City during her ten years on the Community Development Commission. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Community Development Commission and the City staff, that the Shakopee City Council does hereby extend to Jane DuBois the deep appreciation of the City for her years of civic interest and dedicated service to the community. Adopted in _ session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne :' ` DATE: May 4 , 1992 RE: Litigation with TenEyck ISSUE: Whether we should settle with Ms. TenEyck at this time. BACKGROUND: Approximately a year ago Rod Krass was handling the condemnation of the Fifth Avenue properties for the City. We reached the point where he was to file the condemnation award with the Court, and send notices to the property owners telling them how much money they would receive. The property owners then have a limited period of time in which they can appeal the amount of their condemnation award. At about the same time the City Council requested staff to develop a new contract called a "net assessment agreement" with the property owners whose property was condemned for Fifth Avenue. This document was specifically intended to assist Ms. TenEyck. Under the net assessment agreement, the City would not pay Ms. TenEyck her condemnation award, but rather would subtract this amount from the total she would owe in special assessments. By offsetting the two this way, she would avoid paying income taxes on the condemnation award. Prior to filing the condemnation awards with the Court, Mr. Krass received word that the City was considering this net assessment agreement with Ms. TenEyck. Apparently thinking that this affected the condemnation, Mr. Krass failed to send Ms. TenEyck the appropriate notice which would have allowed her to appeal the condemnation award. Since she did not get this notice, she did not know about the award until it was too late for her to file an appeal. Under the statute, if she does not get the notice, she gets instead a right to ask the Court to vacate the condemnation. This would force us to start over in condemning her property. Ms. TenEyck hired an attorney who did file a motion to vacate the condemnation. We have been attempting ever since to get her to sign the net assessment agreement for her benefit, and to dismiss her motion for our benefit. Since the net assessment agreement will save her several thousand dollars in taxes, I did not expect the difficulty that I have experienced in resolving this matter. We have been unsuccessful, due to one provision in the agreement: The City has insisted that she waive her right to appeal the special assessments, and she will not do so. I have worked with Ms. TenEyck' s attorney for months, asking him to agree to this condition, offering to place a cap on the special assessments, and finally asking her to have a benefit appraisal done on the property by her own appraiser. We have a benefit appraisal which was done at the time of condemnation, but she may want to have her own appraisal done. Despite promises by the attorney that the appraisal would be done, this has not happened. COMPLICATION: This matter could continue as it has for a while, were it not for a complication which has arisen. Some months ago the City conveyed the property it acquired in the Fifth Avenue condemnation to the HRA. This is property formerly owned by people other than Ms. TenEyck. We do not actually have title to the property yet, since the condemnation is not complete due to Ms. TenEyck' s motion, but we will have title as soon as her motion is resolved. The HRA put the property up for sale, and entered into a contract for sale with a Mr. Rutt. Closing is set for May 29 . I am quite concerned that we have clear title by this closing date. Mr. Rutt has trusted us in this project in every way, and is, I believe, unaware of these problems. ALTERNATIVES: We have three alternatives as I see them. They are as follows: (1) Postpone the closing and seek to resolve the matter with TenEyck. (2) Allow TenEyck the right to appeal the special assessments and settle now. (3) Try to limit TenEyck' s motion to vacate the condemnation to her parcel of land, only. Concerns with these alternatives are as follows: (1) Postpone closing. If we do this, we run the risk that Mr. Rutt will refuse to postpone the closing, and will seek damages. I believe we would be liable to him for his down- payment, attorney' s fees, and probably also the expenses he has undertaken in preparing his preliminary plat. Even if Mr. Rutt agrees to postpone the closing, we might not successfully resolve the matter with TenEyck prior to the new closing date. (2) Settle now. At this point, although her attorney has promised me that she will now hire an appraiser, she is nonetheless going to initiate the appeal of the special assessments. On Tuesday, May 5, the amount of the special assessments are to be considered at a public hearing. Ms. 2 TenEyck' s attorney has advised her to file an objection at that time, in order to preserve the right of appeal until her benefit appraisal is complete. She will then decide whether to go ahead with the appeal of her special assessments. Unfortunately, the appeal need not be filed at court until June 4 , after our closing date with Mr. Rutt. By June 5th, we will know whether Ms. Ten Eyck is filing an appeal. If she does not, presumably she will agree to sign the net assessment agreement and dismiss her motion. At such time as she did that, we could close with Mr. Rutt. If she decides to pursue her appeal of the special assessments, then (obviously) she will not agree to sign the net assessment agreement waiving that right to appeal . Likewise, she will not dismiss her motion. Settling now is attractive, in that we quickly could file a dismissal of Ms. Ten Eyck' s motion to vacate the condemnation. We then could get clear title in the City, and convey to the HRA in time to close with Mr. Rutt on schedule. (3) Separate TenEyck's motion from other properties in the condemnation case. First of all, I do not know if this can be done, but it seems reasonable that it could be. Secondly, this would take a substantial amount of time in research and in court to accomplish. I doubt that it could be done quickly enough to allow us to close with Mr. Rutt on the set date. If we did sever the condemnation, we leave up in the air the question of whether we have to redo the condemnation of Ms. TenEyck' s property (at considerable expense) , and whether she will then appeal the condemnation award. She also retains the right to appeal the special assessments. STAFF RECOMMENDATION: I have discussed this matter with Dennis Kraft, Dave Hutton, and Barry Stock. We all agree that it would be best to proceed with alternative (2) . REQUESTED ACTION: Approve settlement of the matter with Ms. TenEyck by signing the modified net assessment agreement and accepting her dismissal of her motion to vacate the condemnation. [1MEMO] cc: Dennis Kraft Dave Hutton Barry Stock 3 MUNICIPAL FACILITY SUB-COMMITTEE SURVEY DEVELOPMENT Following is a list of persons that I intend to appoint to the aforementioned sub-committee. If you have any other suggestions please get them to me by the end of the day tomorrow. Gary 1. Dave Kaufenberg 2 . Dick Mertz 3 . Jane DuBois 4. Paulette Rislund 5. Steve Johnson 6. Joe Dellwo 7. Anne Siefert 8 . Jon Albinson 9 . Jim Fehring 10. Bob Loonan 11. Bill Mars 12 . John Drees 13 . Bill Bigot 14 . Ione Theis 15. Jim Stillman 16. Jim Murphy 17. Barry Stock