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HomeMy WebLinkAbout07/07/1992 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: July 2 , 1992 1. Attached is correspondence from the Minnesota Department of Trade and Economic Development regarding the 1992 Star City Recertification Certificate. 2 . Attached is correspondence from Amzak Cable regarding adding the Midwest Sports Channel and removing the WCCO Weather Channel as of July 1st. 3 . Attached is the Business Update from City Hall for July. 4 . Attached is the Police Newsletter for Council review. 5. Attached are the July 9, 1992 agendas for the Planning Commission and Board of Adjustment & Appeals. 6. Attached is the Building Activity Report for June. 7 . Attached is correspondence from the Metropolitan Council regarding the Comprehensive Plan Amendment Review - St. Francis Hospital. 8 . Attached is correspondence from the Williams Pipe Line Co. regarding a pipeline test to begin on July 6, 1992 . (This pipeline does not cross any residential property. ) 9 . Just a REMINDER - Boards and Commissions Picnic is Wednesday, July 8th * 1 Minnesota Department of Business Development and Analysis Division Trade and Economic Development 900 American Center Building 150 East Kellogg Boulevard St.Paul,Minnesota 55101-1421 612/296-8341 Fax:612/296-1290 JUN 11St May 17, 1992 SKAKQ.PEE. art of-.Mr. Barry Stock Administrative Assistant City of Shakopee 128 E. First Avenue Shakopee, MN 55379 Dear Barry: Congratulations, your city has successfully met the 1992 Star City/County Recertification requirements. Through the 1992 Star City Action Plan, your community has charted a solid economic development course that has a capacity to develop jobs locally and serve as a model for other Minnesota cities. Wishing your city many successes as it aggressively implements its job creation strategy. Your 1992 Star City Recertification Certificate will be mailed soon. Sincerely yours, / Ge.. ld J. - ner elEcvanomic velopment Representative An Equal Opportunity Employer c7z ft AMZAK CABLE, MIDWEST, INC. (6E2)445-6151 137 - First Ave. E. • Shakopee, MN 55379 June 19, 1992 Barry Stock City of Shakopee 129 E. First Ave Shakopee, MN 55379 Dear Barry, On June 5, 1992 Paragon Cable decided to launch Midwest Sports Channel on their basic lineup. Due to pressure from the newspapers, our customers and political pressure our sister company, Nortel Cable launched MSC on June 18th . Amzak Cable has decided to follow the crowd and launch MSC July 1st. MSC will be on channel 19 and the WCCO Weather Channel is being removed. We decided to remove The WCCO Weather Channel for two reasons : 1 . Lack of capacity on our return line from Chaska to Shakopee 2 . Lack of microwave equipment given the short amount of time we have to launch the service . It appears we will have to raise the rates to pay for MSC but management has decided to wait until early fall due to the fact that basic rates just went up on April 1st . I will be out of office until July 2nd, if you have any questions please leave a message with my staff and I will call you back as soon as possible . Regards, / _..-.e ..%7- Y--ice`/ Mike Kazma / #3 BUSINESS UPDATE FROM CITY HALL Vol. 6 No. 7 Dear Chamber Member: July 1, 1992 City Clerk Park and Recreation At their regular meeting of June 16th, City Council On June 22,1992 the Shakopee Park and Recreation approved the renewal of beer, wine and liquor Advisory Board recommended to City Council that licenses. the appropriate City officials be authorized to enter into an agreement with Virg Lukin and Associates The City of Shakopee is seeking residents to work to complete an analysis of the Shakopee pool as Election Judges during the September primary equipment. The Shakopee pool is nearly 25 years and the November presidential elections. Anyone old. Over the years, very few improvements have interested in learning more about serving as an been made to the pool in terms of equipment Election Judge is asked to call Shakopee City Hall replacement. The pool consultant will give us an (445-3650 between 8:00 a.m. and 4:30 p.m.) and idea of the condition of the existing equipment and speak with Judy Cox or Toni Warhol. also help us prepare a five year capital improvement program. This will be useful in Community Development preparing future City budgets in terms of equipment upgrade. On June 17, 1992 the Shakopee Municipal Facility Subcommittee met to prepare a final draft of the At it's June 22, 1992 meeting, the Parks and Municipal Facility Survey. The Committee will be Recreation Advisory Board completed work on its presenting their draft survey to a Committee of proposed 1993-98 Five Year Parks Capital Whole meeting on June 30, 1992. Implementation Improvement Program and moved to recommend of the survey should commence in July. Council is it to the Planning Commission for its approval. also considering expanding the survey to address level of service questions and downtown Planning redevelopment issues. At the June 4, 1992, meeting of the Board of Staff is in the process of preparing the 1993 request Adjustment and Appeals (B.O.A.A.), the Board for transit assistance from the Regional Transit considered two variances. They approved an Board. The City annually prepares an application application for a 4' variance to the 10' side yard for funding assistance. The 1993 application will setback within the Urban Residential zoning include upgrading the Dial-A-Ride program to district to allow the applicant to construct an bring it into compliance with the Americans With addition onto the rear of an existing garage. The Disabilities Act. Of primary note will be the Board denied an application for a 20' variance to addition of one additional vehicle that is handicap the 20' street side yard setback for fences between assessable. The addition of one vehicle will also 3'and 6' in height. assist us in meeting ridership demand during the winter months. At the June 4, 1992, meeting of the Shakopee This summer the Police Department is registering Planning Commission, the Commission considered bicycles using Operation Identification numbers. an application to rezone Lot 10, Block 25, of the If the police find your bicycle this number can be original Shakopee Plat and recommended that the traced back to you - just like the license number City Council rezone this lot from Highway on a car. Business (B-1) to Central Business (B-3). The Commission also requested that staff initiate the To register, free of charge, bring your bicycle to rezoning process for the entire Block 25 of this plat the Shakopee Police Department. We will record from B-1 to B-3 in order to bring the block into your bike's serial number and description and conformance with the 1990 draft Comprehensive apply a sticker to the bicycle frame. Plan. Interested groups can contact the Police The Commission recommended the approval of Department in advance and we will come to your two preliminary plats. Market Place, west of location. (We have used this method at several Market Street and north of 5th Avenue, consists of apartment complexes and it works well.) 6 residential lots. The Commission also recommended approval of the preliminary plat for South Parkview 2nd Addition, but tabled their recommendation on final plat approval. The Planning Commission continued the public hearing for Maple Trails Estates to the July meeting. At their meeting on June 4th, the Planning • Commission recommended preliminary and final approval of the planned unit development for Dalles Townhome Addition. The proposed development would be located south of Vierling Drive and east of Marschall Road, and will consist Public Works/Engineering of twelve structures, each containing four residential units. The 2nd Avenue Project is almost complete now. At this same meeting, the Planning Commission The contractor has a few minor items to finish up and the City has entered into an agreement with approved an application for a conditional use C.N.W. Railroad to signalize the crossings at permit for Jack Brambilla. This permit allows the Market and Minnesota. retail sales and rental of motor homes in the Heavy Industrial (I-2) zoning district under City Council awarded the contract for Vierling conditions approved in the permit. Drive to Erickson Construction Inc. at their June 16, 1992 Council meeting. This will extend Vierling Police Drive from C.R.17 to C.R.79. City Council has also authorized staff to advertise Bicycle Registration for bids the reconstruction of Apgar St. from 1st y 9 Avenue to 6th Avenue included in this project will be the reconstruction of 2nd Avenue from Atwood FREE to Apgar and the construction of new roadway on 2nd Avenue from Apgar to Pierce and Pierce from 2nd Avenue to 3rd Avenue. Every summer the Shakopee Police Department Engineering is also inspecting the construction of recovers 100 or more stolen bicycles. Many of several new subdivisions going on with the City. these are not returned to their owners. #y � City of Shakopee 'I ` y - zo.oiNgo s a' .. al n� POLICE DEPARTMENT 1 , 1.•3 • ` 476 South Gorman Street k 1..t.� SHAKOPEE, MINNESOTA 55379 ��OLIC�_ Tel. 612/445-6666 '41 ' o;% , Fax. 612/445-2313 7 , i EF 4 a,<P if ��. ;� NNESO ,- The Police Report Juno 30,1992 An Inside look at police adivity. 1 Legislature Sets Restrictions Department Meeting on Search Warrant Executions Our second department meeting took place on Tuesday, June 23, and was Beginning July 1st Law Enforcement attended by 15 officers. Items Officers will encounter greater discussed included department restrictions when attempting to execute priorities, staffing, HAZMAT, Right to a search warrant. The new law (MSS Know legislation, AWAIR, Training 626.14) states that search warrants including firearms and other use of may only be served between the hours force, our commitment to Shakopee of 7:00 a.m. and 8:00 p.m., unless the schools and updating the department court determines that a nighttime policy and procedure manual with search outside those hours is input from an employee advisory necessary to prevent the loss of the group. Investigative internships, the objects of the search or to protect the Mankato State Project and a consumer searchers or the public. survey were also discussed. Citizen Feedback ?��,===L..=-...- t. �s- Rli�ii !: Starting July 1 , citizens who have C contact with the police department will :___; 1-1548 be surveyed to determine the quality of 'V'4,-- n . 1 our contacts with the public. Cards similar to the one attached to this report will be mailed to every twenty- Marquette Bank Move fourth person our officers contact to see what they have to say about the On Saturday, 06-22-92, Officers from service they received or how they were the Special Incident Response Team treated if the contact was an arrest. assisted with security during the This sample should provide a survey transfer of cash and safe deposit boxes which is accurate within plus or from the old Marquette Bank to their minus 5%. new facility. go ,SEzvE ao zotect Crime Prevention News On June 16, Officer Ron Scherer registered bicycles at Riva Ridge. On June 18th he met with the Shakopee Jaycee's to discuss the 9th Annual National Night Out. Plans for this community-involved crime O prevention activity are progressing 0 nicely. Watch your newsletter for additional information. y Youths Admit Part in Three Auto Thefts r On Thursday evening, June 18, Officer r11 Ron Carlson had contact with two (n juvenile males who ultimately admitted rn to stealing three cars on separate occasions and heavily vandalizing each. One of the boys also admitted C) to two other thefts. The fourteen and r11 fifteen year old males have been referred to the Scott County Attorney's Juvenile Division and we have been able to clear four theft cases and refer information on a 5th case to Chaska Police. Detective Don Bisek -it Completes 25 Years - iF_ ; Don Bisek has completed 25 years of - .\-.-Z.; ` z service. When Don started his career .` -., , the Police Department was located in the upstairs of the current City Hall _ N - v 4-.1 { , - - building in the office now occupied by „.N. ', *� *, t-- CityAttorneyKaren M There was -� �� 4 • t_,- no radio in the Police Department back .. -;:?:,:-,....4:74.1‘....:• -”, w ..`` "� h x\ d may then. He had five co-workers including �' ~= -` 4' v + ... , Chief Theilen, Ken Hanel, Richard 4 Kaley, Terry McGovern and John ' a DuBois. He served under former Chiefs Pat Theilen, Tom Brownell, and A , • ' •('4 li; ; ,z, current Chief Tom Steininger. Don .‘ - '.< began his career as a patrolman A e ' ii n . covering all the bases. As a younger # z 'k �,' i officer he took drug prevention into our schools and was the first Shakopee _ : '1 "=1:'-1,' Police Officer to be trained and use the i;- _ "' ' "new" breathalyzer machine when it Il • , � � y was introduced around 1970. As a P �=` 4AJi detective Don has investigated t, '` -7:-. -3z‘..- ...!,:... 7 3z,..- *f, s t r � c hundreds of cases. _ ' ;' _ ` ' . \. ,► RUNNING A TEST on the breathalyzer machine are (from the left)Shakopee Patrolman Donald Bisek, Scott County Sheriff Deputies Orlin Smith and Mi- chael Cummings. The three officers are all certified to test with the machine, after attending school to learn its operation- Scherer Returns To Duty Officer Ron Scherer will return to full duty on July 1st! Ron was injured on Employment Anniversaries March 9th when he responded to a domestic call and he ultimately July 1 Brian Clark has completed struggled with a violent male. He has 6 years as patrol officer. been on light duty for several weeks. July 1 Greg Tucci has completed 5 years as patrol officer. *S TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN July 9 , 1992 Chairperson William Mars Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of June 4 , 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 to the side yard setback at 4751 Eagle Creek Blvd. to build an addition onto the garage. Applicant: Keith John Clemens Action: Resolution No. 640 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. TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN July 9 , 1992 Chairperson Terry Joos Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of the June 4 , 1992 , Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5. 7 : 40 P.M. PUBLIC HEARING: To consider an amendment to Conditional Use Permit No. 376 for NBZ Mining to allow two propane tanks for heating on the property located south of CR 16, west of CR 83 and north of Valley View Rd. Applicant: NBZ Enterprises, Inc. Action: Amend Conditional Use Permit No. 376 6. 7 : 50 P.M. PUBLIC HEARING: To consider amending the City Code to reenact Sections 11. 03 and 11. 60 (except Subdivision 12 and 13) and to recodify some of the provisions. Applicant: City of Shakopee 7 . 8 : 00 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 8 . FINAL PLAT: To consider an application for the final plat of South Parkview 2nd Addition, lying directly north of 13th Avenue and west of County Rd. 15. Applicant: Cletus Link Action: Final Plat Approval 9 . 8 : 20 P.M. PUBLIC HEARING: To consider the preliminary and final plat of Dalles Townhome Addition, lying directly south of Vierling Dr. and south of Ruby and Sapphire Lanes. Applicant: Dale Dahlke Action: Preliminary and Final Plat Approval 10. 8 : 30 PUBLIC HEARING: To consider the vacation of a portion of the right-of-way along 10th Ave. between Swift St. and Merrifield St. Applicant: City of Shakopee 11. 8 : 40 PUBLIC HEARING: To consider the rezoning of the remainder of Block 25, Shakopee Plat from B-i to B-3 . Applicant: City of Shakopee 12 . 8 : 50 PUBLIC HEARING: To consider the rezoning of the property south of Clifton Townhomes from R-4 and R-2 to R-3 . Applicant: Leroy Menke 13 . 9 : 00 P.M. PUBLIC HEARING: To consider a conditional use permit to allow a bicycle repair operation as a home occupation at 571 Hennes Avenue. Applicant: David and Jane Rief Action: Resolution No. 641 14 . VACATION: To consider the vacation of the alley behind 738 W. First Avenue. Applicant: Norwest Bank 15 . 9 : 20 P.M. PUBLIC HEARING: To consider an amendment to the Planned Unit Development, changing the height restrictions on the storage area on the property at 700 County Rd. 83 . Applicant: High Five Erectors, Inc. 16 . 9 : 30 P.M. PUBLIC HEARING: To consider an amendment to the Planned Unit Development to allow the construction of a 5th mini-storage building at 1803 Eagle Creek Blvd. Applicant: Shakopee Towing and Storage 17 . VACATION: To consider the vacation of 5 ' of a 15 ' easement along the north lot lines of Lot 1, Block 2 and Lot 1, Block 3 of Prairie Estates 2nd Addition. Applicant: Vierling Partnership 18 . FINAL PLAT: To consider an application for the final plat of Heritage Place 4th Addition. located north of Vierling Dr. , East of Granite Dr. and south of Murphy Ave. Applicant: Lyman Development Co. Action: Final Plat Approval 19 . FINAL PLAT: To consider an application for the final plat of The Meadows 8th Addition, located south of Vierling Dr. and west of The Meadows 7th Addition. Applicant: Gold Nugget Development, Inc. Action: Final Plat Approval 20. Sidewalk/Trail Plan 21. Other Business A. Featherstone Letter - Electing representatives to Met. Council B. C. 22 . 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. CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - JUNE 1992 June 1992 June 1991 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 10 59 4 , 750, 276 2 61 4, 338, 700 Single Family-Septic 6 11 1, 532 , 630 - 7 1, 216, 800 Multiple Dwellings 2 9 926, 953 1 7 779, 600 (# Units) (YTD Units) (4) (18) - (2) (14) - Dwelling Additions 12 42 185, 951 12 45 195, 730 Other 1 4 5, 550 4 10 66, 380 New Comm. Bldgs - 1 85, 000 - 2 1, 050, 000 Comm. Bldg. Addns. - 1 80, 000 - 1 40, 000 New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - 1 1 16, 400 New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Accessory/Garages 5 11 100, 358 4 18 182 , 290 Signs & Fences 9 34 65, 505 4 33 62 , 757 Fireplaces/Wood Stoves 1 1 1, 275 - 1 4 , 200 Grading/Foundation 4 5 483 , 460 - 2 201, 000 Moving - - - - - - Razing - 3 47, 213 - 1 1, 500 Remodeling (Res. ) 3 19 57,858 3 20 170, 050 Remodeling (Inst. ) - - - - - - Remodeling (Comm/Ind. ) 1 19 1, 298, 900 3 24 1, 542 , 797 TOTAL TAXABLE 54 219 9 , 620, 929 34 232 9 , 866,704 TOTAL INSTITUTIONAL - - - - - - GRAND TOTAL 54 219 9, 620, 929 34 232 9 , 866,704 No. YTD. No. YTD. Variances 1 1 - 2 Conditional Use 1 7 - 4 Rezoning 1 3 1 2 Electric 60 229 35 167 Plumbing & Heating 66 279 29 245 Total dwelling units in City after completion of all construction permitted to date 4, 700 Jeanette Shaner Building Department Secretary CITY OF SHAROPEE BUILDING PERMITS ISSUED IN JUNE, 1992 9473 C. I . Realty 1446-1450 R'house Cir. Twinhome 103 , 369 L 1 B 2 , Eagle Creek Junction 3rd 9474 Novak Fleck 1216 Dakota Street House 82 , 666 L 10 B 1, Meadows 6th 9475 David Schmitt Const. 1220 Dakota Street House 74 ,760 L 11 B 1, Meadows 6th 9476 Novak Fleck 1207 Dakota Street House 72 , 000 L 5 B 2 , Meadows 6th 9477 New Century Const. 1816 Granite Drive House 64 , 228 L 18 B 2 , Heritage Place 2nd 9478 Wayne Olson 1241 Sapphire Lane Garage 5, 000 9479 Ray Hunter 1205 Clover Court Deck 1, 500 9480 Heat-N-Glo 724 So. Lewis Street Fireplace 1, 275 9481 Novak Fleck 1204 Dakota Street House 75, 000 L 7 B 1, Meadows 6th 9482 Jasper Homes 2147 Murphy Avenue Garage 4, 000 9483 Jennie Dinsmore 1940 Heritage Drive Deck 1, 372 9484 Michael-Benjamin Homes 1213 Sunflower Circle House 137 , 300 L 9 B 1, Prairie Estates 1st 9485 Grant Taylor 2543 Onyx Drive Deck 1, 960 9486 C. I. Realty 1512-1516 R'house Cir. Twinhome 105, 036 L 9 B 2 , Eagle Creek Junction 3rd 9487 Randal Notermann 1302 Minnesota Street Deck 1, 340 9488 Novak Fleck 1126 Naumkeag Street House 69, 260 L 17 B 2 , Meadows 5th 9489 Mark Casey 1278 Diamond Court Fence 350 9490 Mike Schatz 963 Goldenrod Lane Deck 2 , 114 9491 Gerold Bros. Const. 496 Hampton Circle House 191, 700 L 5 B 4 , Beckrich Park Estates 9492 Craig Hallett 1035 Van Buren Street Slab 750 9493 G. F. Juergens 601 Hillwood Drive House 145, 000 L 5 B 1, Hillwood Estates 9494 Laurent Builders 819 Stonebrooke Drive House 160, 000 L 10 B 2 , Stonebrooke 1st 9495 Steven Kurvers 1197 Jackson Street Garage 8, 300 9496 LeRoy Menke L 2 B 1 Clifton 1st Grading 10, 000 9497 Valley Sign Co. 1221 East 4th Avenue Signs 6, 000 9498 Troy Garcia 1228 Clover Court Porch 3 , 000 9499 Andrew Unseth 971 Swift Street Fence 300 9500 Maynard King 527 East 8th Avenue Deck 1, 400 9501 T. E. Ibberson 800 West 1st Avenue Grading 4 , 300 9502 Stonebrooke Golf Club 2572 Lakeview Drive Pole Bldg. 8 , 500 9503 Brian Stately 117 E. 1st Avenue Sign 200 9504 Novak Fleck 1107 Goldenrod Lane House 60, 000 L 1 B 4, Meadows 6th 9505 Michael Gappa 604 E. 4th Avenue Remodel 10, 000 9506 Allen Barnard 1929 Heritage Drive Deck 1, 600 9507 Roland G. Haas 701 Canterbury Road Remodel 2 , 800 9508 Kevin Rodgers 818 Sommerville Street Deck 750 9509 Richard Logeais 3364 Marschall Road Grading 4, 000 9510 Novak Fleck 1224 Dakota Street House 81,700 L 12 B 1, Meadows 6th 9511 Novak Fleck 808 Larkspur Court House 62 , 000 L 11 B 2 , Meadows 6th 9512 Greg Sundem 1180 Sapphire Lane Fence 284 9513 Michael Bruels 953 Shumway Street Remove Porch 200 9514 John Pribble 8963 Boiling Springs Ln Porch 3 , 000 9515 VanDenBoom Homes 3253 Marschall Road House 137, 000 L 2 B 1, Deerview Acres 9516 David Moore 949 Goldenrod Lane Deck 1, 000 9517 T. E. Ibberson 800 West 1st Avenue Foundation 450, 000 9518 Leon Weiland 926 8th Avenue East Fence 2 , 300 9519 Valley Sign Co. 493 Marschall Road Sign 3 , 000 9520 Ed Gay 1011 East 3rd Avenue Garage 10, 000 9521 Brian Dose 1286 Limestone Drive Deck 1, 600 9522 Mobilhome Minnesota 6100 Hwy 101 Sign 800 9523 Scott Witte 1522 East 10th Avenue Fence 250 9524 Ryszard Blaszczyk 1064 Sibley Street Windows 2, 700 9525 Gerold Bros. Const. 966 Carriage Circle House 188 , 000 L 5 B 7 , Beckrich Park Estates 9526 Gerold Bros. Const. 2095 Bridge Crossing House 123 , 000 L 3 B 3 , Eaglewood 2nd Total: $2 , 487, 964 It METROPOLITAN COUNCIL Mears Park Centre. 230 East Fifth Street. St. Paul. MN 55101-1634 612 29/-6359 FIX 612 291-6550 TTY 612 291-0904 June 29, 1992 Lindberg S. Ekola City of Shakopee 129 First Avenue East Shakopee, MN 55379 RE: City of Shakopee Comprehensive Plan Amendment Review 70 Acre MUSA Expansion-St. Francis Hospital Metropolitan Council Referral File No. 14159-7 Dear Mr. Ekola: At its meeting on June 25, 1992, the Metropolitan Council considered the city of Shakopee's comprehensive plan amendment. This consideration was based on a report of the Metropolitan and Community Development Committee, Referral Report No. 92-35. A copy of this report is attached. The Council approved the following recommendations contained in the above report: 1. That the Metropolitan Council adopt the above findings and the staff report as part of these recommendations. 2. That the Metropolitan Council inform the city of Shakopee that it may place the amendment into effect and no plan modification is necessary. 3. That the Metropolitan Council recommend that the city and developer, as they plan and design the proposed medical campus at this site, utilize best management practices relative to stormwater runoff outlined in the Council's Nonpoint Source Pollution Implementation Strategy for communities in the Minnesota River Basin. Sincerel , g //� �i Mary E. derson Chair MEA:Iv Attachment cc: Dennis Kraft, Administrator, City of Shakopee Donald Bluhm, Metropolitan Waste Control Commission Richard Thompson, Metropolitan Council Staff -g WILLIAMS PIPE LINE COMPANYB, NOTICE OP PIPELINE TEST Beginning on or about ; � L/ F t ri , and for several weeks thereafter Williams Pipe Line Company will conduct a hydrostatic (high pressure) water test of its pipeline on or near your property or property you occupy. The actual test may take several days to perform. You will know the test is in progress when you see the signs along the pipeline right of way which state: CAUTION A high pressure water test of a pipeline located beneath this sign is in progress PLEASE STAND CLEAR WILLIAMS PIPE LINE COMPANY Prior to the test of the pipeline, the petroleum products in the line will be removed. The pipeline will then be isolated into several small test segments and each segment will be filled with water and tested separately. The pipeline will be pressurized to a high pressure and it must maintain its integrity for 8 hours to pass the test. We suggest you not stand over the pipeline, but rather maintain a distance of 50 feet away during the test. The final operating pressure will be substantially less than the test pressure and will be determined by our engineers along with the United States Department of Transportation. If you would like further information or explanation, please call 612/633-1555 and ask that the project right of way agent, -TEAK,/ Poe , contact you. If you notice abnormal conditions along the line, please call our emergency number (24 hours/day) at (800) 331-4020. NOTICE-OF-PIPELINE-TEST.FOA P.O.BOX 3448 • TULSA,OKLAHOMA 74101 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA JULY 7 , 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 June 16, 1992 10] Communications: *a] Ron Larson, resignation from Park & Rec Advisory Bd. 11] Public Hearings: None 12] Boards and Commissions: Park & Recreation Advisory Board: a] Tahpah Park Concession Stand Project - Architect *b] Request for Proposals for Pool Evaluation and Analysis 13 ] Reports from Staff: a] Municipal Facility Survey *b] Joint Powers Agreement: Law Enforcement Mutual Assistance *c] 1992 Audit Services *d] Shakopee Bypass-Mn/DOT Agreement No. 67798-Regarding Drainage Easements *e] Public Works Supervisor (Res. 3617) *f] Foothill Trail *g] Labor Agreement - Public Works Local #320 *h] Shakopee Derby Days - Request for Assistance *i] Derby Days - Shakopee Eagles Contribution (Res. 3616) TENTATIVE AGENDA July 7, 1992 Page -2- 13] Reports from Staff Continued: *j ] Approve Bills in the Amount of $1, 474 . 232 . 90 k] Vacant Police Sergeancy - tabled 6/2 *1] Nominations to Boards and Commissions *m] Request by a Government to Spend Gambling Funds 14] Resolutions and Ordinances: *a] Res. No. 3615 - Commending SPUC and Its Manager *b] Res . No. 3618 - Awarding 1992 Sidewalk Replacement Program, Project No. 1992-7 *c] Res. No. 3619 - Apportioning Assessments for Prairie Estates 2nd Addition 15] Other Business: a] b] c] d] 16] Recess for an Executive Session to discuss litigation 17] Re-convene 18] Adjourn to Tuesday, July 21, 1992 at 7 : 00 P.M. Dennis R. Kraft City Administrator REMINDER: Joint meeting with SPUC on July 13th at 7 : 00 P.M. TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting July 7, 1992 1. Roll Call at 7 : 00 P.M. 2 . Approval of the June 2 & 16, 1992 Meeting Minutes 3 . Municipal Facility Survey 4 . Other Business a) b) 5 . Recess for an Executive Session to follow City Council Meeting to discuss property purchase offers - Outlot A, Maceys 2nd Addition. 6. Reconvene HRA 7 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 2, 1992 Chairman Sweeney called the meeting to order at 7 : 02 p.m. with Commissioners Lynch, Laurent, Vierling and Beard present. Also present were Dennis R. Kraft, City Administrator/Executive Director; Barry A. Stock, Assistant City Administrator; Karen Marty, City Attorney; Dave Hutton, Public Works Director; Lindberg Ekola, City Planner; Judith S . Cox, City Clerk; and Tom Steininger, Chief of Police. Vierling/Laurent moved to approve the minutes of May 13 , 1992 . Motion carried unanimously. Mr. Stock explained that the HRA has received a grant application for property located on Holmes Street (formerly Mertz-Horeish Building) for an awning similar to that installed at Turtles Bar. Mr. Stock explained that the awning and improved signage are eligible improvements under the Rehab Grant Program Guidelines. Vierling/Lynch moved to authorize the appropriate HRA officials to execute a Rehab Grant Program Agreement by and between the Shakopee HRA and Mr. Tom Kline for a grant amount not to exceed $791. 25 . Motion carried unanimously. Mr. Stock explained that the Community Development Commission is recommending that the HRA consider including 10-20 attitude/visionary questions on the upcoming municipal facility survey that would focus on downtown revitalization. Discussion ensued. Laurent/Beard moved that bodies recommending questions on downtown redevelopment for the municipal facility survey prioritize the questions for final review and approval by the HRA. Motion carried unanimously. Beard/Lynch authorized the appropriate HRA officials to work with Decision Resources to include a number of questions on the upcoming municipal facility survey to address downtown revitalization at a cost not to exceed $2 , 000. 00 . Motion carried unanimously. Laurent/Vierling moved to pay off the assessments against HRA property adopted by City Council on May 5, 1992 , for the Market Street Project in the amount of $24 , 346 . 00 for parcel number 27- 906132-0, $8 , 681. 42 for parcel number 27-906133-0, $5, 879 . 92 for parcel number 27-906134-0, $32 , 787 . 02 for parcel number 27-906144-0 and $8 , 770 . 47 for parcel number 27-097023-0 utilizing the HRA Fund. Motion carried unanimously. Official Proceedings of the June 2, 1992 Shakopee Housing & Redevelopment Page -2- Beard/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned at 7 : 10 p.m. Dennis R. Kraft Executive Director Judith S. Cox Recording Secre ry PROCEEDINGS OF THE HOUSING & REDEVELOPMENT AUTHORITY SPECIAL SESSION SHAROPEE, MINNESOTA JUNE 16, 1992 The Special Session of the Shakopee Housing & Redevelopment Authority was called to order at 7: 03 p.m. , by Chairman Sweeney, with Comm. Vierling, Laurent, Lynch and Beard present. Also present: Dennis Kraft, City Administrator and HRA Executive Director; 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. Chairman Sweeney stated the purpose of the meeting is to consider a request from Canterbury Downs to extend the time for receipt of the letter of credit relating to the Payment Assurance and Security Agreements, and any other business that may come before the HRA. Laurent/Beard moved to direct the appropriate HRA officials to prepare the appropriate resolutions and documents that would facilitate Canterbury Downs request for a 90-day extension. Chairman Sweeney questioned how a time extension could be granted when the deadline for filing the letter of credit has already past as of Midnight June 15, 1992 . Discussion was held. A representative from Canterbury Downs was present and stated that the petition with the State to reduce the assessed valuation had been filed prior to the State of Minnesota deadline. Motion carried unanimously. Beard/Lynch offered Resolution No. 92-3 , A Resolution Rescinding Resolution No. 92-1, Authorizing Defeasance and Payment and Redemption of Tax Increment Revenue Bonds, Series 1985, and moved its adoption. Motion carried unanimously. No other business was brought before the HRA. Laurent/Beard moved to adjourn to July 7 , 1992 at 7 : 00 p.m. Motion carried unanimously. Meeting adjourned at 7 : 15 p.m. nI Efi 5� Jd i &ox fC .ty Clerk Jane VanMaldeghem Recording Secretary #3 MEMO TO: Dennis R. Kraft, Executive Director - Shakopee HRA FROM: Barry A. Stock, Assistant City Administrator RE: Municipal Facility Survey DATE: July 1, 1992 INTRODUCTION: In May, the Shakopee HRA requested the Community Development Commission to draft several questions for the Authority's consideration for inclusion on the upcoming Municipal Facility Survey. BACKGROUND: The Shakopee Community Development Commission is currently working on a analysis of the downtown area primarily focusing on the City Hall block. To determine public feelings in regard to possible downtown revitalization efforts, the Commission felt that it would be beneficial to have several questions included on the upcoming Municipal Facility Survey that address downtown issues. On June 30, 1992 , at a Committee of the Whole meeting, discussion took place on a number of questions specifically related to the downtown area and community demographics. Staff is proposing that these questions (22 units) be funded by the authority. There are adequate funds within the professional services account of the 1992 HRA Budget to cover this expense ($1, 980. 00) . The HRA portion of the survey can be found in the attachment to City Council agenda item #13a. Upon review of the survey questions it would be appropriate to make changes as deemed necessary and\or approve the questions. ALTERNATIVES: 1. Move to approve the 22 question units for the Municipal Facility Survey that focus on downtown redevelopment and demographics at a cost not to exceed $1, 980. 00 . 2 . Amend the questions as submitted and move their approval. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move to approve the 22 question units for the Municipal Facility Survey that focus on downtown redevelopment and demographics at a cost not to exceed $1, 980. 00. TAMI\ADMIN\HRA22 BAS/tiv * s MEMO TO: Dennis R. Kraft, Executive Director Shakopee HRA FROM: Barry A. Stock, Assistant City Administrator RE: Property Purchase Offers - Outlot A - Macey' s 2nd Add. DATE: July 1, 1992 INTRODUCTION: The Shakopee HRA currently owns the property identified as Outlot A, Macey's 2nd Addition. (See Attachment #1) The lot is located just south of 4th Avenue on the east side of Market Street. Jane DuBois, representing the HRA has received two purchase offers for the property in question. BACKGROUND: The first purchase offer from Mr. David Brown and Mr. William Klien. (See Attachment #2) Mr. Brown and Mr. Klien have made an offer in the amount of $25, 000. 00. The terms of the offer are as follows: $10, 000. 00 cash on or before the date of closing with the remaining balance by contract for deed between the seller and buyer, payable in semi-annual installments of $1, 000 . 00 or more at the option of the buyers, including interest at a rate of 10% per annum computed on unpaid balances. Entire balance of the contract shall be due and payable no later than one year from the date of closing. The closing date of the proposed purchase offer will take place within 15 days after the approval of the final plat of the subject property. The buyers have also set forth a development time schedule with which they plan to develop the property. (See page 3 of the purchase offer) The purchase offer also specifies that the seller shall be responsible for all special assessment son the property. At this time, the property in question has $8, 770. 47 in pending assessments. The second purchase offer was received from Monnen Custom Builders, Inc. (See Attachment #3) . The terms of this offer are $15, 000. 00 cash on or before August 30, 1992 , the date of closing and the balance of $15, 000. 00 financed by Contract for Deed at a rate of 10% per annum with the entire balance due on or before March 1, 1993 . One contingency listed by Monnen' s calls for the approval of a simple lot split by the City. The City Planner has stated that this Outlot can be subdivided utilizing the minor subdivision process (lot split) . On February 13 , 1991, the HRA did have an appraisal conducted on the property in question. The appraised value at that time was $26, 200. 00 . The appraisal report valued the property as undeveloped without City services. The plat for Outlot A, Macey' s 2nd Addition specified that when the sale of Outlot A was completed that all proceeds would be dedicated to the Park Reserve Fund. The property appears to have been granted as park dedication and the HRA has been holding it until such time that it could be developed. Ms. DuBois will be present at our meeting on July 7, 1992 , to provide direction in determining whether the offers should be rejected, countered or accepted. TAMI\ADMIN\HRAMARKET BAS/tiv 44c4 + ( I A 40 i C �� p �' ��'►(i�ti i n .'E �1�, oq,,�G'I: S'+� N 79°1G,O/ II i' V i1 C �,{ L Qom•, $11 94 1 I 1 1 r. 1 \ Ir1Q\. ; 9 \ 01 0.0,, 1 \ 11 01 z ; • _ L N��:�'/ 4 E °s/bl"r/ • 92.87 2-, __.-20712r aid45.27 /N/�GE dTi[r is.0.1 ,r t ORA EASEMENT N x6/.85 • I N nl 3 •¢0 _15.00 ,�lNi1GE E o� h < vr/cirr 3 b bi — . EASEMENT Lam- ,v 9°10'46 E I 111 '�� I /40.70 _ cv _ — .% coo r I H I • - 1 \ \ ‘,-) -----\- 4 k4 4 40 O _ I •� W I DUTLOT A 3 N86°42'/4~E , � :h �D �` /.19.7/ . 11 val;i) tin °� �v 1 `' I 5 °� 3�� 52 .E- I �� - - /65.47 -' N89°/6'45~E I /82. 99 — - N 67°.�4'.98"E 1 ,,,,,,,r_ 6 r- * N 89°/6'45"w L "1 //7. S/ I �� 7 N 69°,6 4S'E _. //7.S/ I tO I �, c61 8 oz, \t i N S9°/6'45"E I 40 o e I /i7. 5/ 0c‘t ZNI 9 1 \ N 499',‘ '45"" t PHOTO LOCATION MAP 111 9 VACANT LAND PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS" Minnesota Association of REALTORS`)- disclaims any liability arising out of use or misuse of this form. 1. Date •--.1u4-c4' Lj I �- 2. Page 1 of 3 Pages 3. RECEIVED OF a.J Ise] . Ve/..)v% • , ✓� 4.the sum of I; 4-1 lktA ye- _ei t µL(« ) Dollars ($..c On �-/c*r) 5. by CHECK-CASH-NOTE as earnest money to be deposited upon acceptance of Purchase Agreement by all parties,on or before the next 6. business day after acceptance, in a trust account of listing broker but to be returned to Buyer if Purchase Agreement is not accepted by 7.Seller. Said earnest money is rtTTTpayment for the urchase of th propertylocated at: 1- 8 - v job Lli(cicP ?C��ntl- Acid� �dvl J c_o �v nom. �I� Pt vt OSc, 9. City of__ k-1-1(..0}Z2 Q. , County of re e TT' , State of Minnesota, 10. legally described as: ('c041 P --P`S a.(o c)V•P 11. 12. including the following property,if any,owned by Seller and located on said property: all garden bulbs,plants,shrubs and tri;and also the following 13 personal property: 14.all of which proRerty Seller has this day agreed to sell to Buyer for the sum of: 15 S>Cta{is ,UP. TLI�� at1<1 Ci kc{ Ido c t'V ($o,/S1 ay:). MO ) Dollars, 16.which Buyer agrees to pay in the following manner. Earnest money of $ &DO . (TO and $ SOO. 0 c0 17.cash on or before S 2.41' el,.et ►n the date of closing, and the balance of $ I Si d71'V, IT) 18 by financing in accordance with the attached financing addendum: 19.Assumption tract for Deed)Conveenntional Purchase Money Mortgage Other 20.SPECIAL CONTINGENCIES: This Purchase Agreement is subject to the following contingencies and if the following contingencies checked below 21.cannot be satisfied or waived, in writing, by Buyer by N.Ia(Li I19 11_ , this Purchase Agreement shall become null 22. and void and all earnest money shall be refunded to the Buyer. 83uyers and Sellers agree to sign a cancellation of the Purchase Agreement. 23(Select L7appropriate a-h) LLER�cpe 24. (a) BUYER SELLER hall provide a certificate of survey of the property, at BUYER/�PL� nse, not later than ----coxae cam 25. ( i 19 Z 26. X (b) Buyer obtaininb approval oQtownship of proposed building plans and specifications BUYER/SELLER expense. 27 l (c) Buyer obtaining approval l)ovmship of proposed subdivision development plans .1 BUYER. SELLER expense. -- r. ore, 28 (d) Buyer obtaining approval c✓ "' hip for rezoning or use permits aLLI' ,]r SELLER expense. 29. (e) Buyer obtaining at BUYER SELLER expense, percolation tests which are acceptable to Buyer. 30. 9. (f) Buyer obtaining aUYERSELLER expense, soil tests which indicate that the property may be improved without extraordinary building 31. methods or cost. °°��" 32. 1 1 (g) Buyer obtaining approval of building plans and/or specifications in accordance with any recorded subdivision covenants and approval of 33 the architectural control committee. 34. 1-1 (h) OTHER: - 35. 36.Seller's expenses for these contingencies (rf any) shall not exceed $ 37 Seller grants permission of access to the property for testing and surveying purposes. 38 PLEASE NOTE: Buyer may incur additional charges improving the property including but not limited to: Hook-up and/or access charges, municipal 39.charges, costs for sewer access, stubbing access, water access, park dedication, road access, utility connection and connecting fees, curb cuts 40.and tree planting charges. 41.To the best of the Seller's knowledge there are no hazardous wastes, abandoned wells, or underground storage tanks, except as herein noted. 42.SPECIAL WARRANTIES: -_• ' a -- property described in this Purchase Agreement consists of 43 - U c= ACRES y SQUARE and is currently zoned _ f G - c� 44.Seller warrants that the property I_/..IS°NOir ' the designated 100 year flood plain area. 45 Seller warrants that the property DOESt DOES receive preferential tax treatment (i.e., Green Acres, etc.). 46 Attached are other addenda which are of this Purchase Agreement. (Enter page or pages on line 2) 47.DEED/MARKETABLE TITLE: Upon performance by Buyer; Seller shall deliver a - ___-_ Warranty Deed joined 4a in by spouse, if any, conveying marketable title, subject to: 49.(A) Building and zoning laws,ordinances.state and federal regulations:(B) Restrictions relating to use or improvement of the property without effective 50.forfeiture provisions; (C) Reservation of any mineral rights by the State of Minnesota; (D) Utility and drainage easements which do not interfere 51.with existing improvements; (E) Rights of tenants as follows (unless specified, not subject to tenancies): 52. 53(F) Others (Must be specified in writing): 54.TITLE & EXAMINATION: Seller shall, within a reasonable time after acceptance of this agreement, furnish an abstract of title, or a registered 55. property abstract,certified to date to include proper searches covering bankruptcies,state and federal judgments and liens, and levied and pending 56.special assessments. Buyer shall be allowed 10 business days after receipt of abstract for examination of title and making any objections which 57.shall be made in writing or deemed waived. If any objection is so made, Seller shall have 10 business days from receipt of Buyer's written title 58 objections to notify Buyer of Seller's intention to make title marketable within 120 days from Seller's receipt of such written objection. If notice is 59.given, payments hereunder required shall be postponed pending correction of title, but upon correction of title and within 10 days after written notice 60.to Buyer the parties shall perform this Purchase Agreement according to its terms. If no such notice is given or if notice is given but title is not 61.corrected within the time provided for,this Purchase Agreement shall be null and void,at option of Buyer; neither party shall be liable for damages 62.hereunder to the other and earnest money shall be refunded to Buyer; Buyer and Seller agree to sign cancellation of Purchase Agreement. Buyer 63 agrees to accept an owner's title policy in the full amount of the purchase price in lieu of an abstract of title if the property is subject to a master 64.abstract or if no abstract of title is in Seller's possession or control. If Buyer is to receive such policy(1)the title examination period shall commence 65.upon Buyer's receipt of a current title insurance commitment and (2) Seller shall pay the entire premium for such policy if no lender's policy is 66.obtained,and only the additional cost of obtaining a simultaneously issued owner's policy if a lender's policy is obtained(Buyer shall pay the premium 67.for the lender's policy). l 68 Seller and Buyer Initial: Seller __ _ Date Bur __ Date L tt r{ 69.MN:VLPA-1 (150) V VACANT LAND PURCHASE AGREEMENT 70. Date c,10.1.2 11 J t`I 2 71. Page 2 of ' _ _ __Pages 72.REAL ESTATE TAXES shall be paid as-follows: 73. Buyer shall pa(Qrorated from day of closing, 12ths, all, none real estate taxes due and payable in the year 19 I . 74.Seller shall pa prorated to day of closing, 12ths, all, none real estate taxes due and payable in the year 19 7 a . _---- r ht•mi,) 75. In the event the closing date is changed, the real estate- s paid shall, if prorated, be adjusted to the new closing date. Seller warrants 76.taxes due and payable in the year 19_Q_ will be NON- OMESTEAD classification. Seller agr� to pay Buyer at closing $ * -' 77.toward the non-homestead portion of the real estate taxes'-Bti r agrees to pay any remaining balance of non-homestead taxes when they become 78,due and payable. Neither Seller nor Agent(s) make any representation concerning the amount of subsequent real estate taxes. 79.SPECIAL ASSESSMENTS shall be paid as follows: _ __ 80.BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING' SELLER SHALL PAY ON DATE OF CLOSING II 81. installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. 82.BUYER SHALL ASSUME SELLER SHALL PAY)n date of closing all other special assessments levied as of the date of closing. - 83.BUYER SHALL ASSUME jjLER SHALL PROVIDE FOR PAYMENT OF ecial assessments pending as of the date of closing for 84.improvements that have been ordered by the City Council or other assessing authorities.(Seller's provision for payment shall be by payme _ 85.escrow of two(2)times the estimated amount of the assessments,or less as required by Buyer's lender.)BUYER SHALL PAY �LLER S PAY - 86.on date of closing any deferred real estate taxes (i.e., Green Acres, etc.) or special assessments payment of which is required as a result of 87.the closing of this sale. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special 88.assessments payable therewith and thereafter, the payment of which is not otherwise provided. 89.ACCEPTANCE: Buyer understands and agrees that this Purchase Agreement is subject to acceptance by Seller in writing.Agents are not liable 90.or responsible for any covenants, obligations or warranties made in this Purchase Agreement,except the agents are liable to return or account 91.for the earnest money. The delivery of all papers and monies shall be made at the listing broker's office. 92. INSPECTION: Buyer has the right to inspect property prior to closing. 93.GENERAL WARRANTIES:SELLER WARRANTS THAT THE BUILDINGS, IF ANY,ARE ENTIRELY WITHIN THE BOUNDARY LINES OF THE 94.PROPERTY.SELLER WARRANTS THAT THERE IS A RIGHT OF ACCESS TO THE PROPERTY FROM A PUBLIC RIGHT OF WAY.THESE 95.WARRANTIES SHALL SURVIVE THE DELIVERY OF THE DEED OR CONTRACT FOR DEED. 96.SELLER WARRANTS THAT PRIOR TO THE CLOSING DATE PAYMENT IN FULL WILL HAVE BEEN MADE FOR ALL LABOR, MATERIALS, 97 MACHINERY, FIXTURES OR TOOLS FURNISHED WITHIN THE 120 DAYS IMMEDIATELY PRECEDING THE CLOSING DATE IN 98.CONNECTION WITH CONSTRUCTION, ALTERATION OR REPAIR OF ANY STRUCTURE ON OR IMPROVEMENT TO THE PROPERTY. 99.SELLER WARRANTS THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY GOVERNMENTAL AUTHORITY AS TO VIOLATION 100.OF ANY LAW, ORDINANCE OR REGULATION. IF THE PROPERTY IS SUBJECT TO RESTRICTIVE COVENANTS, SELLER WARRANTS 101.THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY PERSON OR AUTHORITY AS TO A BREACH OF THE COVENANTS. ANY 102. NOTICES RECEIVED BY SELLER WILL BE PROVIDED TO BUYER IMMEDIATELY. 103. RISK OF LOSS: If there is any loss or damage to the property between the date hereof and the date of closing,for any reason including fire,vandalism, 104.flood,earthquake or act of God,the risk of loss shall be on Seller. If the property is destroyed or substantially damaged before the closing date,this 105. Purchase Agreement shall become null and void,at Buyer's option,and earnest money shall be refunded to Buyer; Buyer and Seller agree to sign 106.cancellation of Purchase Agreement. 107. BUYER/SELLER ARBITRATION SYSTEM: 108.ANY CLAIM OR DEMAND OF SELLER(S), BUYER(S), BROKER(S)OR AGENT(S), OR ANY OF THEM,ARISING OUT OF OR RELATING 109.TO THE PHYSICAL CONDITION OF THE PROPERTY COVERED BY THIS PURCHASE AGREEMENT (INCLUDING WITHOUT 110. LIMITATION CLAIMS OF FRAUD, MISREPRESENTATION, WARRANTY AND NEGLIGENCE), SHALL BE SETTLED BY ARBITRATION 111. IN ACCORDANCE WITH THE RULES, THEN IN EFFECT, ADOPTED BY THE AMERICAN ARBITRATION ASSOCIATION AND THE 112. MINNESOTA ASSOCIATION OF REALTORS': THIS IS A SEPARATE VOLUNTARY AGREEMENT BETWEEN THE PARTIES AND 113,BROKERS/AGENTS. FAILURE TO AGREE TO ARBITRATE DOES NOT AFFECT THE VALIDITY OF THIS PURCHASE AGREEMENT. 114.THIS DISPUTE RESOLUTION SYSTEM IS ONLY ENFORCEABLE IF ALL PARTIES AND BROKERS/AGENTS HAVE AGR D TO 115.ARBITRATE)• • OWLEDGED BY INITIALS BELOW. ' 116.BUYER S ._.iso ' SELLER S LISTING BROKER/AGENT SELLING BROKER/AGENT ," . - 117. DEFAULT: If t' e is marketable or is corrected as provided herein, and Buyer defaults in any of the agreements herein, Seller 411, terminate 118.this Purchase Agreement and payments made hereunder may be retained by Seller and Agent, as their respective interests may appear. This 119. provision shall not deprive either Buyer or Seller of the right to recover damages for a breach of this Agreement or of the right of specific performance 120.of this Agreement,provided this Purchase Agreement is not terminated,and further provided,as to specific performance,such action is commenced 121.within six months after such right of action arises. 122.TIME OF ESSENCE: Time is of the essence in this Purchase Agreement. 123. ENTIRE AGREEMENT:This Purchase Agreement, any attached exhibits and any addenda or amendments signed by the parties,shall constitute 124.the entire Agreement between Seller and Buyer,and supercedes any other written or oral agreements between Seller and Buyer. This Purchase 125.Agreement can be modified only in writing signed by Seller and Buyer. 1 126.POSSESSION: Seller shall deliver possession of the property not later than dei 7 i-C. closing. 127.All interest, homeowner association dues, rents,fuel oil, liquid petroleum gas and all charges for city water,city sewer,electricity,and natural gas shall 128.be prorated between the parties as of _. Seller agrees to remove ALL 129. DEBRIS AND ALL PERSONAL PROPERTY NOT yINCLUDED HEREIN from the property by possession date. 130.AGENCY DISCLOSURE: + - )LILA3I'\ _ STIPULATES HE OR SHE IS REPRESENTING IS,li.:.,Ag.ntl 131.THE .),� IN THIS TRANSACTION. THE LISTING AGENT OR BR�R S iPULATES HE OR SHE IS• 132.REPRESENT! THE SELLER IN THIS TRANSACTION. BUYER & SELLER 11111 IAL:Buyer(s) Sellers) 133.I, the owner of the property, accept this agreement and I agree to purchase the property for the price and on the 134.authorize the listing broker to withdraw said property from terms and conditions set forth above. 135.the market, unless instructed otherwise in writing. - ----) ----)136. L):0 r --.C. z .._ -t�3 ''- (Seller's Signature) (Date) (Buyer's Signature) + (Date) 137. i . J,. A G . vc...Jr. (Seller's Printed Name) (Marital Status) (Bu,,ii nnted Name) (Marital Status) 138. .��1. (Sellers Signature) (Date) 'r="7:-11 II q,� (Date) 139. j L�-1 AM a , (Seller's Printed Name) (Marital Status) (Buyer's Printed Name) (Marital Status) 140.DATE OF FINAL ACCEPTANCE SELLING AGENT 141. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 142.MN VLPA-2(t/90) IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. ADDENDUM TO PURCHASE AGREEMENT BLANK This form approved by the Minnesota Association of REALTORS": Minnesota Association of REALTORS* disclaims any liability arising out of use or misuse of this form. 1. Date ,. jt.t Re_ '-r I i `( 2. Page 3 of 3 Pages 3. Addendum to Purchase Agreement between parties dated JLAttQ `i , 19 7 Z-- pertaining to the purchase 4. and sale of the property at a.`"+'icii- At /tnc..c Q i j S?Cc 4c `AcKt•-+i l , :Ce- f C-& T 5. M i t c N100-.:� • 6. l 7. I I. CO�.l-i'ltl,-4- -17;!-fr r ' $ /S i o -On tom., e _ ,. - .A. -G,(,, 8. .1_ ei-,- i • .r --t. .- Ale 4.• L ..- .. �- 0 . to 9. f 1 (rer0 • L 't4 I 1.)2.-1.)2.- 6---1' (--- - 41-127r,•-i-1,‘ 10. t( i-t --1 J Com'`-cr�-L.vX-< e-A ttn tj -Lb pn / _11. 1�) z+ 2.Qi (a A, 4&u_.Ltn [ .� IIS . . Y 1 A , (} .�n Q 1 1 12. X v, (7)-1_ lk 2, (f' e,6-4 F -gam V 13. 14APJ - 1f . cJ a LA- A 14. ),f1A_ LIL z7 ,-e! CIITIUti-11 14,u444 ,,,‘ . 44--- , 6-L- V 15. 4.L. ,( 1--;-- -)1:6 � +h� - /LY�-4/I Gt-tk-40 C/Li_ A-_ ,2/4A.1 16. l P) ),.) , T k ).- .. l' -4.A, firtkoi c,e, ' 'Ll : .4 14-'t (•tti MLA 18. ret-4 ----111"--, (le ' ' --Z el-- CL-ct AA' 1 - 19. 20. v1 . C)-19" (11e ; T k 0,b-LA,,, (AS- ,- `�.4 9 21. (�-1 171J,c4t P�4��( 6'�11��C L? &,14 =t , C 1 22. 1 t 4 .0i s IiI. i i 3 L l,fn t : ' (- 23. (1 . 44_I ' ' `-l _. (.fA-t.t C-111�n-1.4-t 1-A J`V 6 24. ( I ` C.41_, j0.4„.0 'k.L.Q.4 ,,,y j, t ivIA / lik,t. L.Q/t 25. i i - .(-.e,4 P tiutA�f A-td A . ra 26. h.'4 ' ' i ' P . --ti6 ..0-,1 'A-rA.(2_12.4...c4 •(1,14.14, ' Actd I 27. i 4 i (.Z -Z.• , - ,-44, .4 . I . 3a ,t, I , I 28. F i 9ell ' ' 6--• {.-U-C��- 29. Ltd l-ct�i I(jp, �/14 utt .r1�1s1^ I� V 30. 60 a�/pit)7 -C 't2, 1, _ r 31. T I t o, ht AI-c.k�' /l0 -� ^ z_ (. dz-fi.I P 32. 11:::Y.7�v ie-( /21-is4-t- t _y f--/-0----1 1 33. e--(.4t---0-0---Q 34. 3. .A3-"I't'l'l c-akill• k cl.S. ,,,r.k..•-v_. 0---e--0-017-tk-i'-z_. - 35. - - (Dad •Y N - 251-- (Date) (Buyer) / (Date) 36. (Date) (B _�(Sellor) - -- (Date) 37. THIS IS A LEGALLY BINDING CONTRACT FTWEEN BUYERS AND SELLERS. 38. MN:APA(5/88) IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 0 Asti ple,f3 .COWu. VACANT LAND PURCHASE AGREEMENT BANK aR o This form approved by the Minnesota Association of REALTORS' Minnesota Association of REALTORS" disclaims any liability arising out of use or misuse of this form. 1. Date June 3U , i992 2. Page 1 of 3 Pages 3 RECEIVED OF Moitileits Cus Low Builders , Inc . 4.the s f five hundred and no/100 Dollars ($ 500 . 00 5. by ESH-NOTE as earnest money to be deposited upon acceptance of Purchase Agreement by all parties,on or before the next 6 business day after acceptance, in a trust account of listing broker but to be returned to Buyer if Purchase Agreement is not accepted by 7.Seller. Said earnest money is part payment for the purchase of the property located at: Market Street a 9. aty of Shakopee , County of Scott , State of Minnesota, 10.legaly described as: 0 u t 1.0 t A, Macey 2nd A d d n . 11. 12. including the following property,if any,owned by Seller and located on said property: all garden bulbs,plants,shrubs and trees;and also the following 1a personal property: 14.all of which property Seller has this day agreed to sell to Buyer for the sum of: $30,000. 15 Thirty thousand and no/100 ($ ) Dollars, 16 which Buyer agrees to pay in the following manner: Earnest money of $ 500.00 and $ 14 , 500. 00 17 cash on or before August 30 , 1992 the dated closing, and the balance of $ $15 ,000. 00 lB by financing in accordance with the attached financing addendum: 19.Assumption for De Conventional Purchase Money Mortgage Other 20.SPECIAL CONTINGENCIES: This Purchase Agreement is subject to the following contingencies and if the following contingencies checked below 21.cannot be satisfied or waived, in writing, by Buyer by July 31 , 1992 , this Purchase Agreement shall become null 22. and void and all earnest money shall be refunded to the Buyer. Buyers and Sellers agree to sign a cancellation of the Purchase Agreement. 23 (Select appropriate o a-h) 24. (a) BUYER I(SELLER hall provide a certificate of survey of the property, at BUYER SELLER expense, not later than r re 25. , 19 26. ❑ (b) Buyer obtaining approval of city/township of proposed building plans and specifications BUYER SELLER expense. 27 ❑ (c) Buyer obtaining approval of city/township of proposed subdivision development plans aBUYER SELLER expense. 2a C i (d) Buyer obtaining approval of city/township for rezoning or use permits a BUYERISLLER expense. 29. ❑ (e) Buyer obtaining /SELLER expense, percolation tests which are acceptable to Buyer. 30. ❑ (f) Buyer obtaining aBUYER/ ELLER expense, soil tests which indicate that the property may be improved without extraordinary building cner 31. methods or cost. 32. ❑ (g) Buyer obtaining approval of building plans and/or specifications in accordance with any recorded subdivision covenants and approval of 33 the architectural control committee. 34. ❑ (h) OTHER: - 35 36.Seller's expenses for these contingencies (if any) shall not exceed $ _ N/A • 37.Seller grants permission of access to the property for testing and surveying purposes. 3a PLEASE NOTE: Buyer may incur additional charges improving the property including but not limited to: Hook-up and/or access charges, municipal 39.charges, costs for sewer access, stubbing access, water access, park dedication, road access, utility connection and connecting fees, curb cuts 40.and tree planting charges. 41.To the best of the Seller's knowledge there are no hazardous wastes, abandoned wells, or underground storage tanks, except as herein noted. 42.SPECIAL WARRANTIES: Seller warrants that e property described in this Purchase Agreement consists of 4a 27 ,663 ACRES SQUARE FEET d is currently zoned R-2 44.Seller warrants that the property IS IS N the designated 100 year flood plain area. 45.Seller warrants that the property DOESDOES NOT receive preferential tax treatment (i.e., Green Acres, etc). 46 Attached are other addenda which are made a part of this Purchase Agreement. (Enter page or pages on line 2) 47.DEED/MARKETABLE TITLE: Upon performance by Buyer; Seller shall deliver a Warranty Deed joined 4a in by spouse, if any, conveying marketable title, subject to: 49.(A) Building and zoning laws.ordinances,date and federal reaulations:(8) Restrictions relating to use or improvement of the property without effective 50.forfeiture provisions; (C) Reservation of airy mineral rights by the State of Minnesota; (D) Utility and drainage easements which do not interfere 51.with existing improvements; (E) Rights of tenants as follows (unless specified, not subject to tenancies): 52. 53(F) Others (Must be specified in writing): - 54.TITLE & EXAMINATION: Seller shall, within a reasonable time after acceptance of this agreement, furnish an abstract of title, or a registered 55 property abstract, certified to date to include proper searches covering bankruptcies, state and federal judgments and liens, and levied and pending 56 special assessments. Buyer shall be allowed 10 business days after receipt of abstract for examination of title and making any objections which 57.shall be made in writing or deemed waived. If any objection is so made, Seller shall have 10 business days from receipt of Buyer's written title 5a objections to notify Buyer of Seller's intention to make title marketable within 120 days from Seller's receipt of such written objection. If notice is 59.given, payments hereunder required shall be postponed pending correction of title, but upon correction of title and within 10 days after written notice 60.to Buyer the parties shall perform this Purchase Agreement according to its terms. If no such notice is given or if notice is given but title is not 61.corrected within the time provided for; this Purchase Agreement shall be null and void, at option of Buyer; neither party shall be liable for damages 62. hereunder to the other and earnest money shall be refunded to Buyer; Buyer and Seller agree to sign cancellation of Purchase Agreement. Buyer 63 agrees to accept an owner's title policy in the full amount of the purchase price in lieu of an abstract of title if the property is subject to a master 64.abstract or if no abstract of title is in Seller's possession or control. If Buyer is to receive such policy(1)the title examination period shall commence 65 upon Buyer's receipt of a current title insurance commitment and (2) Seller shall pay the entire premium for such policy if no lender's policy is 66 obtained, and only the additional cost of obtaining a simultaneously issued owner's policy if a lender's policy is obtained(Buyer shall pay the premium 67 for the lender's policy). 68 Seller and Buyer Initial: Seller _ Date_- Buyer -4Date 7/ rdo 69.MN:VIPA-1 ow) CBM 1177(4/90) BANItCR VACANT LAND PURCHASE AGREEMENT 70. Date June 30 , 1992 71. Page 2 of ' 3 Pages 72.REAL ESTATE TAXES shall be paid as follows: 73 Buyer shall pay, prorated from day of closing, 12ths, all�none J real estate taxes due and payable in the year 19 92 . 74.Seller shall pay, _prorated to dater of slosh%)_12thst all,`tione real estate taxes due and payable in the year 19 9Z 75. In the event the closingchanged„date is the real estate taxes paid shall, if prorated, be adjusted to the new closing date. Seller warrants 76.taxes due and payable in the year 19 A will be NON-HOMESTEAD classification. Seller agrees to pay Buyer at dosing $ 77 toward the non-homestead portion of the real estate taxes. Buyer agrees to pay any remaining balance of non-homestead taxes when they become 78.due and payable. Neither Seller nor Agent(s) make any representation concerning the amount of subsequent real estate taxes. 79.SPECIAL ASSESSMENTS shall be paid as follows: 80. BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING SELLER SHALL PAY ON DATE OF CLOSINNGJaJI 81. installments of special assessments certified for payment with the real estate taxes ue and payable in the year of closing. 82.BUYER SHALL ASSUMESELLER SHALL PAY date of closing all other special assessments levied as of the date of closing. --_ -- - - (0,10 one ____._ _-_ - r- 83 BUYER SHALL ASSUMESELLER SHALL PROVIDE FOR PAYMENT O special assessments pending as of the date of closing for (cede c*) 84.improvements that have been ordered by the City Council or other assessing authorities.(Seller's provision for payment sh t pa�ymerrt i�� 85.escrow of two(2)times the estimated amount of the assessments,or less as required by Buyer's lender.)BUYER SHALL PAYS SHALL -1 86.on date of closing any deferred real estate taxes (i.e., Green Acres, etc.) or special assessments payment of which is requir as It of 87.the closing of this sale. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special 8a assessments payable therewith and thereafter, the payment of which is not otherwise provided. 89.ACCEPTANCE: Buyer understands and agrees that this Purchase Agreement is subject to acceptance by Seller in writing.Agents are not liable 90.or responsible for any covenants,obligations or warranties made in this Purchase Agreement,except the agents are liable to return or account 91.for the earnest money. The delivery of all papers and monies shall be made at the listing broker's office. 92. INSPECTION: Buyer has the right to inspect property prior to closing. 93 GENERAL WARRANTIES:SELLER WARRANTS THAT THE BUILDINGS, IF ANY,ARE ENTIRELY WITHIN THE BOUNDARY LINES OF THE 94.PROPERTY.SELLER WARRANTS THAT THERE IS A RIGHT OF ACCESS TO THE PROPERTY FROM A PUBLIC RIGHT OF WAY.THESE 95.WARRANTIES SHALL SURVIVE THE DELIVERY OF THE DEED OR CONTRACT FOR DEED. 96.SELLER WARRANTS THAT PRIOR TO THE CLOSING DATE PAYMENT IN FULL WILL HAVE BEEN MADE FOR ALL LABOR, MATERIALS, 97. MACHINERY, FIXTURES OR TOOLS FURNISHED WITHIN THE 120 DAYS IMMEDIATELY PRECEDING THE CLOSING DATE IN 98.CONNECTION WITH CONSTRUCTION, ALTERATION OR REPAIR OF ANY STRUCTURE ON OR IMPROVEMENT TO THE PROPERTY. 99.SELLER WARRANTS THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY GOVERNMENTAL AUTHORITY AS TO VIOLATION 1OQ OF ANY LAW, ORDINANCE OR REGULATION. IF THE PROPERTY IS SUBJECT TO RESTRICTIVE COVENANTS,SELLER WARRANTS 101.THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY PERSON OR AUTHORITY AS TO A BREACH OF THE COVENANTS.ANY 102. NOTICES RECEIVED BY SELLER WILL BE PROVIDED TO BUYER IMMEDIATELY. 103. RISK OF LOSS: If there is any loss or damage to the property between the date hereof and the date of closing,for any reason including fire,vandalism, 104.flood,earthquake or act of God,the risk of loss shall be on Seller. If the property is destroyed or substantially damaged before the closing date,this 105. Purchase Agreement shall become null and void,at Buyer's option,and earnest money shall be refunded to Buyer;Buyer and Seller agree to sign 106.cancellation of Purchase Agreement. 107. BUYER/SELLER ARBITRATION SYSTEM: 108.ANY CLAIM OR DEMAND OF SELLER(S), BUYER(S),BROKER(S)OR AGENT(S),OR ANY OF THEM,ARISING OUT OF OR RELATING 109.TO THE PHYSICAL CONDITION OF THE PROPERTY COVERED BY THIS PURCHASE AGREEMENT (INCLUDING WITHOUT 110.LIMITATION CLAIMS OF FRAUD, MISREPRESENTATION, WARRANTY AND NEGLIGENCE), SHALL BE SETTLED BY ARBITRATION 111. IN ACCORDANCE WITH THE RULES, THEN IN EFFECT, ADOPTED BY THE AMERICAN ARBITRATION ASSOCIATION AND THE 112. MINNESOTA ASSOCIATION OF REALTORST THIS IS A SEPARATE VOLUNTARY AGREEMENT BETWEEN THE PARTIES AND 113 BROKERS/AGENTS. FAIWRE TO AGREE TO ARBITRATE DOES NOT AFFECT THE VALIDITY OF THIS PURCHASE AGREEMENT. 114.THIS DISPUTE RESOWTION SYSTEM IS ONLY ENFORCEABLE IF ALL PARTIES AND BROKERS/AGENTS HAVE AGREED TO 115.ARBITRATE AS ACKNOWLEDGED BY INITIALS BELOW. 116. BUYER(S) SELLER(S) LISTING BROKER/AGENT SELLING BROKER/AGENT 117.DEFAULT: If title is marketable or is corrected as provided herein, and Buyer defaults in any of the agreements herein, Seller may terminate 118.this Purchase Agreement and payments made hereunder may be retained by Seller and Agent, as their respective interests may appear. This 119. provision shall not deprive either Buyer or Seller of the right to recover damages for a breach of this Agreement or of the right of specific performance 120.of this Agreement,provided this Purchase Agreement is not terminated,and further provided,as to specific performance,such action is commenced 121.within six months after such right of action arises. 122.TIME OF ESSENCE: lime is of the essence in this Purchase Agreement. 123. ENTIRE AGREEMENT:This Purchase Agreement,any attached exhibits and any addenda or amendments signed by the parties,shall constitute 124.the entire Agreement between Seller and Buyer, and supersedes any other written or oral agreements between Seller and Buyer.This Purchase 125.Agreement can be modified only in writing signed by Seller and Buyer. 126. POSSESSION: Seller shall deliver possession of the property not later than after closing. 127.All interest, homeowner association dues, rents,fuel oil,liquid petroleum gas and all charges for city water,city sewer,electricity,and natural gas shall 128.be prorated between the parties as of . Seller agrees to remove ALL 129. DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HEREIN from the property by possession date. 130.AGENCY DISCLOSURE: Jane DuBois STIPULATES HE OR SHE IS REPRESENTING (sauna AG,i) 131.THE Sellers IN THIS TRANSACTION. THE LISTING AGENT OR BRO R TIPULATES HE OR SHE IS 132.REPRESENTING THE SELLER IN THIS TRANSACTION. BUYER & SELLER INITIAL:Buyers)' Seller(s) 133. I, the owner of the property, accept this agreement and I agree to purchase the p perry for the price and on the 134.authorize the listing broker to withdraw said property from terms all conditions set forth above. 135.the market, unless instructed otherwise in writing. 136. gi...s /1 7-/ - ', -- (Seller's Signature) (Date) (=r :r' Signature) (per) 137. (Seller's Printed Name) (Marital Status) (Buyer's Printed Name) (Marital Status) 138. (Sellers Signature) (Date) (Buyer's Signature) (Date) 139. �arimt Status) (Setter's Printed Name) (Marital Status) (Buyer's Printed Name) 140. DATE OF FINAL ACCEPTANCE SELLING AGENT ,i,s % 1 141. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS SELLERS. 142. MN: VLPA-2(1/90) IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIA PROFESSIONAL. CBM 1178(4/90) Ke o ANADDENDUM TO PURCHASE AGREEMENT BLANK This form approved by the Minnesota Association of REALTORSe: Minnesota Association of REALTORS® disclaims any liability arising out of use or misuse of this form. 1. Date June 30, 1992 2. Page 1 __ of I 3 Pages 3. Addendum to Purchase Agreement between parties dated 6/30 19 9 2 pertaining to the purchase 4. and sale of the property at Outlot A Macey 2nd Addn. 5 This purchase agreement is contingent upon the City of Shakopee • 6 approving a lot split prior to July 31 , 1992 . If the lot split 7 is not approved for the purpose of building two single family homes , .8 the purchase agreement shall be cancelled and all earnest monies 9 shall be refunded. 10. 11 Seller agrees to release at closing one lot upon receipt of the 12. $15 ,000. down payment and convey title by Warranty Deed. The 13 balance of the purchase price shall be financed by a contract 14. for deed between Seller and Purchaser at the rate of 10% per 15 annum. The entire balance of the Contract plus all accrued 16. interest shall be due and payable on or before March 1 , 1993. 17. 18 Earnest money will be paid upon acceptance of the purchase 19. agreement by the Sellers . 20. 21. 22. 23. • 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. / / -702 (Seiler) (Date) ( r 36. (Date) matte') (Dare) (Barer) INN (_y8e� THIS IS A LEGALLY BINDING CONTRACT BETWEEN (Date) cam SE YOU DESIRE LEGAL OR TAX ADVICE,CONTRACT TBUYERS AN AN APPROPRIATE p SELLERS. PROFESSIONAL. 1] OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JUNE 16, 1992 Mayor Laurent called the meeting to order at 7 : 00 p.m. , with Cncl. Vierling, Lynch, Beard, and Sweeney present. 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. The City Council recessed at 7 : 03 p.m. for a special meeting of the Shakopee Housing and Redevelopment Authority. The City Council reconvened its meeting at 7 : 15 p.m. Sweeney/Beard moved to approve the agenda with the following additions under "Other Business" : 13a) Vacation of Easements; 13b) City Hall Plan Review; 13c) City Chaska Interceptor; 13d) Pool Chlorinator; and the following amendments: 16) Adjournment to June 23 , 1992 at 7 : 00 p.m. , to act on the liquor licenses. Motion carried unanimously. Cncl. Sweeney gave his liaison report for the meeting of the Shakopee Public Utilities Commission. There were no further liaison reports. Mayor Laurent gave the Mayor's report. Mayor Laurent recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. Vierling/Sweeney moved approval of the Consent Business with the following items added: 11g) 1992/1993 Property Liability Insurance Package and 13a) Vacation of Easements; and the following items removed from Consent Business: ile) Parking Restrictions near High School, 111) 1992/1993 3 .2 Beer License, and 12g) Resolution No. 3612 , Releasing a Temporary Easement. Motion carried unanimously. Vierling/Sweeney moved to approve the June 2 , 1992 , meeting minutes as presented. Motion carried unanimously. Bill Klein, 805 North Horizon Drive, was present to submit further information on behalf of his parents, Mr. & Mrs. Urban Klein. Mr. Klein spoke in favor of the City honoring the claim submitted by his parents for the expenses incurred due to the sewer back up at their property located at 605 East 3rd Avenue. Tom DeMatteo, attorney for Urban Klein, was also present for discussion. He requested the City' s assistance in resolving this claim from the Klein' s. He stated this is a unique situation because of unresolved questions regarding sewer line hookup. He added these individuals are on a fixed income and cannot afford to pay the $3 , 500 - $4, 100 expenses incurred. Official Proceedings of the June 16, 1992 Shakopee City Council Page -2- Dave Klein, 914 Dakota, gave further information in support of his parent' s claim. The consensus was to follow the City policy on damage claims. Bill Klein then questioned the City' s procedure for handling damage claims and how this issue was to get resolved. He also asked if they would have to return to the City Council to restate everything after the insurance company had a chance to review the issues. Mayor Laurent responded that they have the option to return to the City Council, but should let the City Clerk know if they receive no satisfaction from the insurance company so the matter could be placed on the agenda as a Council item. Vierling/Sweeney offered Ordinance No. 336, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map to Rezone Lot 10, Block 25, of the Original Shakopee Plat from Highway Business (B-1) to Central Business (B-3) . (Motion carried unanimously under consent business. ) The City Planner stated the City Council has directed staff to prepare a feasibility study for the extension of the VIP Interceptor; however, Cletus Link, developer of property directly affected, has stated that this action would cause further delay in the platting process of South Parkview 2nd Addition. He added Mr. Link had requested the Planning Commission make a decision on his application for plat approval. He added that the Planning Commission had tabled their recommendation for final plat approval until right-of-way issues along County Road 15 could be resolved. Clete Link was present for discussion and stated he disagrees with the recommendation of staff and the Planning Commission and added that there had been a waterline constructed through his parcel. He stated he had known nothing about the City' s decision to install this waterline. He added that if the City Council does not approve a permanent lift station, he will not go ahead with his plat for South Parkview 2nd Addition. He stated he had a resolution that calls for a lift station, not a temporary lift station. He stated when he had approached City staff with his plat, they had told him to redo his plan, but never told him that the lift station would be temporary. He added he doesn't want to plat any more in this city because it just isn't worth it if this is the way the city is going to operate. Discussion was held on why Mr. Link had not been informed of the watermain costs. The Public Works Director stated that the final assessments have not been calculated but that Mr. Link was aware of the estimated Official Proceedings of the June 16, 1992 Shakopee City Council Page -3- costs and of this project, which was also necessary for his plat (watermain to Tahpah Park) . Discussion was then held on whether or not all cities follow the same procedures for public projects as does Shakopee. The consensus was that Shakopee is not unusual with its procedures. Sweeney/Vierling offered Resolution No. 3606, A Resolution Approving The Preliminary Plat for South Parkview 2nd Addition and moved for its adoption with the additional language added to Condition No. 4 , which states "Vierling Drive shall be constructed to collector and State Aid status. The City shall reimburse the developer for the cost of constructing the oversized and over structured Vierling Drive but that the developer shall be responsible for the cost of the construction of the local street width portion of Vierling Drive (36 feet) . " Motion carried unanimously. The City Planner explained that the Developer of Dalles Townhome Addition has submitted a PUD for townhomes which are more flexible for the site than the earlier proposal for single family homes. He said that the noise standards still apply. He explained noise mitigation measures being proposed which will reduce the noise impacts on the future residents of the property. The City Planner explained that the Developer is asking for credit for the park dedication requirements. Staff is recommending no credit because the open space within the development will not reduce park needs for the community. Dale Dahlke, developer of Dalles Townhome Addition was present to discuss his plat. He raised questions relative to the submittal of a landscaping design when this subdivision would be thoroughly landscaped. He added he does not agree with staff that there is limited amount of recreational space in the area of this subdivision. He asked if he were to construct a recreational field would there be any park funds available he could use for this facility. He added he would like to put in something the residents of this plat would really want and would use. Discussion was held that park fees should be used for parks that can be used by the general public rather than just a specific group of residents. Mr. Dahlke stated that with the large area in this subdivision, he would be willing to provide a recreational facility but believes he is entitled to a credit. He added that he wants the City to be aware that this is a Townhouse project not a Condominium project. He questioned why Beckrich Estates had received a park credit. Official Proceedings of the June 16, 1992 Shakopee City Council Page -4- The City Planner stated that the park credit had been issued to Beckrich Estates because there could be a possibility that the area would be designated for parks or trails to be used by the general public. Beard/Lynch offered Resolution No. 3607, A Resolution Approving the Preliminary and Final Planned Unit Development for Dalles Townhome Addition, and moved its adoption with the addition of an "architectural and landscape design to be submitted" as a part of the Developers Agreement. Motion carried unanimously. Dave Rutt, co-developer for the Preliminary Plat of Market Place, questioned the recommended condition for a 30 foot public utilities easement and if it was to be provided now or could be provided later. The response was that the easement is needed as soon as possible. Vierling/Lynch offered Resolution No. 3605, A Resolution Approving the Preliminary Plat for Market Place, and moved for its adoption. Motion carried unanimously. Jim Streefland, Jr. of Jasper, Streefland & Company was present for discussion of the comprehensive financial report for 1991. He commended the City on the good financial job being done. Sweeney/Vierling moved to accept the Comprehensive Annual Financial Report of the City of Shakopee, Minnesota, for the year ended December 31, 1992 . Motion carried unanimously. Discussion was held on the tentative schedule for work on the 1993 budget. Cncl. Sweeney suggested the department heads use the same dollar figure as was used in their preparation of the 1992 budget and that the City should be able to designate discretionary level of services from mandatory level of services. The Ass 't City Administrator stated the Shakopee Jaycees would like the parking lot extension project for Tahpah Park pushed back to 1993 and do the Tahpah Park Concession Stand Project in 1992 , rather than 1993 . He stated the total project cost is estimated to be $66, 000, which includes an architectural fee of $5, 500. Discussion was held on the need to hire an architectural firm and suggested the cost of the project may have to be reduced to eliminate the need for and expense of an architect. Sweeney/Vierling moved to direct the appropriate City officials to investigate the criteria under which the City must hire an architect; and if the City must hire a architect, reduce the estimated cost of the Tahpah Park Concession Stand Project to Official Proceedings of the June 16, 1992 Shakopee City Council Page -5- remain under any cost guidelines. Motion carried unanimously. Sweeney/Lynch moved to direct the appropriate City officials to enter into a repayment agreement with the Shakopee Jaycees for funding the Tahpah Park Concession Stand improvements. Motion carried unanimously. Vierling/Sweeney moved to grant the developer of Heritage Place 3rd Addition an additional 90 days in which to file the final plat with Scott County. (Motion carried unanimously under consent business. ) Discussion was held on the placement of legal parking restriction signs in the area of the Shakopee High School. Beard/Lynch moved to direct staff to replace all the parking signs near the high school with the following sign: "2 Hour Parking 7am to 4pm except on Saturday, Sundays, and Holidays. " Motion carried unanimously. The Council directed staff to send a letter to all residents in the high school area informing them of this action. Vierling/Sweeney moved to authorize the removal of stop signs on 3rd Avenue at Naumkeag Street and the installation of stop signs on 2nd Avenue at Minnesota Street. (Motion carried unanimously under consent business. ) Vierling/Sweeney moved to direct staff to renew the current policies with the League of Minnesota Cities Insurance Trust and United Fire and Casualty. (Motion carried unanimously under consent business. ) Vierling/Sweeney moved to declare the park building located on school district property by Scenic Heights Park surplus property and authorize the City Administrator to negotiate its sale. (Motion carried unanimously under consent business. ) Vierling/Sweeney moved to approve the application and grant a temporary on-sale Liquor License to the Church of Saint Mark, 333 West 4th Avenue, for July 25th and July 26th, 1992 . (Motion carried unanimously under consent business. ) Vierling/Sweeney moved to approve the application and grant a temporary Non-Intoxicating Malt Liquor License to St. Mary's Catholic Church, 535 South Lewis, for June 27th and June 28th, 1992 . (Motion carried unanimously under consent business. ) Vierling/Sweeney moved to approve the applications of and grant the following Intoxicating Liquor Licenses to: Bretbecca, Inc. , 124 West 1st Avenue (On-Sale, Sunday and Off-Sale licenses) ; XX Corp. & Wittles, Inc. , 1561 East 1st Avenue (On-Sale, Sunday, and Off- Official Proceedings of the June 16, 1992 Shakopee City Council Page -6- Sale) ; Clair ' s Bar, Inc. , 124 South Holmes (On-Sale, Sunday, and Off-Sale) ; Dangerfield' s Restaurant, Inc. , 1583 East 1st Avenue (On-Sale, and Sunday) ; J & D of Shakopee, Inc. , 911 East 1st Avenue (On-Sale and Sunday) ; MIN Hotel Corporation, 1244 Canterbury Road (On-Sale and Sunday) ; Canterbury Concessions, Inc. , 1100 Canterbury Road (On-Sale, Sunday and Off-Sale) ; Turtle ' s Bar & Grill, Inc. , 132 East 1st Avenue (On-Sale and Sunday) ; Corp-Tool, Inc. , 122 East 1st Avenue (On-Sale and Sunday) ; Family Dining, Inc. , 6268 Hwy 101 (Off-Sale) ; Riverside Liquors, Inc. , 507 East 1st Avenue (Off- Sale) ; Valley Liquor, Inc. , 1104 Minnesota Valley Mall (Off-Sale) ; Spirits of Shakopee, Inc. , 471 Marshall Road (Off-Sale) ; American Legion, Club Post No. 2 , 1266 East 1st Avenue (Sunday and Club) ; Knights of Columbus Home Assn. , Inc. , 1760 East 4th Avenue (Sunday and Club) ; Pablo ' s Mexican Restaurant, Inc. , 230 South Lewis Street (On-Sale) . (Motion carried unanimously under consent business. ) Vierling/Sweeney moved to table the applications of the VFW Post No. 4046, 1201 East 3rd Avenue (Sunday and Club) . (Motion carried unanimously under consent business. ) Sweeney/Beard moved to approve the applications of and grant the following Non-Intoxicating Malt Liquor Licenses to: Cedar Fair L.P. , One Valleyfair Drive (On-Sale) ; Holiday Stationstores, Inc. , 444 East 1st Avenue (Off-Sale) ; Pizza Huts of the Northwest, Inc. , 257 Marschall Road (On-Sale) ; Retail Foods of Minnesota, a division of Gateway Foods, Inc. , dba Brooks Food Market #28 , 615 Marschall Road (Off-Sale) ; Racing Promotions, Inc. , One Checkered Flag Blvd. (On-Sale) ; Shakopee Ballroom & Banquet Center, Inc. , 2400 East 4th Avenue (On-Sale) ; Polka Dot Dairy, Inc. , Tom Thumb Food Markets, 590 South Marschall Road (Off-Sale) ; Fraternal Order of Eagles Aerie #4120, 220 West 2nd Avenue (On-Sale) ; Retail Foods of Minnesota, a division of Gateway Foods. , Inc. , dba Brooks Food Market #42 , 1147 Canterbury Road (Off-Sale) ; Shakopizza, Inc. , 483 South Marschall Road (On-Sale) ; Stonebrooke of Shakopee, Inc. , 2693 County Road 79 (On-Sale) . Motion carried with Mayor Laurent abstaining. Sweeney/Vierling moved to table action on the applications of Non- Intoxicating Malt Liquor Licenses to: Kenneth D. Berg, 222 East 1st Avenue (On-Sale) ; Birch Bru, Inc. (SuperAmerica) , 1155 East 1st Avenue (Off-Sale) ; J.B. F. , Inc. , DBA Jerry' s Pizza, 823 East 1st Avenue (On-Sale) ; Kee P. Suen dba Family Chow Mein Restaurant, 237 East 1st Avenue (On-Sale) . Motion carried unanimously. Vierling/Sweeney moved to approve the application and grant an On- Sale Wine License to Cedar Fair L.P. , One Valleyfair Drive. (Motion carried unanimously under consent business. ) Vierling/Sweeney moved to direct the City Administrator to draft a termination notice to Mr. Lee Hennen of the Capesius Agency informing him that our lease will be terminated no later than Official Proceedings of the June 16, 1992 Shakopee City Council Page -7- October 31, 1992 . (Motion carried unanimously under consent business. ) Vierling/Sweeney moved to approve the bills in the amount of $759 , 638 . 62 (Motion carried unanimously under consent business. ) The City Administrator provided Council with a list of items for inclusion in testimony the City was asked to make before the Senate Gaming Regulations Committee on the possible acquisition of Canterbury Downs by the Mdewakanton Sioux Community. No changes were made to the list. Discussion was held on the costs associated with the Vierling Drive Project No. 1992-3 , which lies between County Road 17 and County Road 79 . Mayor Laurent asked for comments. Cncl. Vierling questioned the cost increase from the estimated costs to the actual costs on this project. Discussion was held with the City Engineer responding. Sweeney/Lynch offered Resolution No. 3602 , A Resolution Accepting Bids on Vierling Drive, Between County Road 17 and County Road 79, Project No. 1992-3 , and moved its adoption. Motion carried with Cncl. Vierling abstaining. Beard/Lynch moved to authorize a contingency in the amount of 10 percent of the contract for use by the City Engineer in authorizing change orders for Project No. 1992-3 . Motion carried with Cncl. Vierling abstaining. Vierling/Sweeney offered Resolution No. 3603 , A Resolution Approving Plans and Specifications and Ordering the Advertisement for Bids for Apgar Street, 6th Avenue to 1st Avenue; 2nd Avenue, Between Atwood Street and Pierce Street; and Pierce Street, Between 2nd Avenue and 3rd Avenue, Project NO. 1992-6 and moved its adoption. (Motion carried unanimously under consent business. ) Vierling/Sweeney offered Resolution No. 3604 , A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 1992 Pavement Preservation Program, Project No. 1992- 8, and moved its adoption. (Motion carried unanimously under consent business. ) Vierling/Sweeney offered Resolution No. 3609 , A Resolution Setting the Public Hearing Date to Consider the Vacation of a Portion of the 10th Avenue Right-of-Way Between Swift Street and Merrifield Street, and moved for its adoption. (Motion carried unanimously under consent business. ) Official Proceedings of the June 16, 1992 Shakopee City Council Page -8- Vierling/Sweeney offered Resolution No. 3610, A Resolution Setting the Public Hearing Date to Consider the Vacation of the Alley Between Lots 3 , 4 , and 5, Lots 6, 7, and 8 of Block 7, East Shakopee Plat, and moved its adoption. (Motion carried unanimously under consent business. ) Vierling/Sweeney offered Resolution No. 3611, A Resolution Amending Resolution No. 3573 , Approving the Final Plat of The Meadows 7th Addition, and moved its adoption. (Motion carried unanimously under consent business. ) Sweeney/Lynch offered Resolution No. 3612, A Resolution of the City of Shakopee, Minnesota, Authorizing the Appropriate City Officials to Release a Temporary Easement and moved its adoption. Motion carried with Mayor Laurent abstaining. Vierling/Sweeney offered Resolution No. 3613 , A Resolution of the City of Shakopee, Minnesota, Authorizing the Appropriate City Officials to Execute a Partial Release of the Development Agreement and moved its adoption. (Motion carried unanimously under consent business. ) Vierling/Sweeney offered Ordinance No. 337, An Ordinance Amending Various Provisions of the City Code to Clarify Language, Delete Incorrect References and Redundant Language, and Correct Grammar, and moved its adoption. (Motion carried unanimously under consent business. ) Vierling/Sweeney offered Resolution No. 3614 , A Resolution Setting the Public Hearing Date to Consider the Vacation of the South 5 feet of the 15-foot Easements along the Northern Lot Line of Lot 1, Block 2 , and Lot 1, Block 3 , Prairie Estates 2nd Addition, and moved its adoption. (Motion carried unanimously under consent business. ) Discussion was held on the City Hall plan review. The consensus was to proceed with costing out the proposed plan as presented. Mayor Laurent reported on the meeting held June 16, 1992 , with the MWCC to consider the sewage capacity to areas south of the bypass. Discussion was held. Beard/Lynch moved to authorize the appropriate City officials to purchase a new chlorinator for the Municipal Pool at a cost not to exceed $1, 300. 00, with funding to be allocated from the Contingency Appropriation Account. Motion carried unanimously. The City Council recessed at 10: 30 p.m. for an Executive Session to discuss litigation and collective bargaining. Mayor Laurent re-convened the City Council meeting at 10: 56 P.M. Official Proceedings of the June 16, 1992 Shakopee City Council Page -9- No action was taken during the executive session. Sweeney/Beard moved to authorize the appropriate city officials to enter into a net assessment agreement with Dorothy TenEyck. Ms. Marty announced that the City has reached a settlement with Ms. TenEyck and that the net assessment agreement will settle both her assessment appeal which has been partially filed and her motion to vacate the condemnation proceedings (for the 5th Avenue Project) . Motion carried unanimously. Mayor Laurent adjourned the meeting to Tuesday, June 23 , 1992 at 7 : 00 P.M. Meeti g adjourned at 10: 59 P.M. D' 1,4465 .ti.D' ith S. Cox y Clerk Jane VanMaldgehem Recording Secretary 'fiONSFNT i D eu r June 23, 1992 Mr. Gary Laurent Mayor of Shakopee Shakopee, Minnesota Dear Gary: Effective June 30, 1992, I must regretfully submit my resignation from the Shakopee Parks and Recreation Advisory Board. I have found my term to be both very interesting and challenging. I want to thank you and the rest of the council for allowing me to serve. Sincerely /(, ) At / Ron Larson RL:ro ‘..!4,--.- `•r 111, RECOMMENDED ACTION: VL0pt• .. Accept the resignation of Ron Larson from the Park and Recreation Asvisory Board, with regrets . 4,i/t cz4vt_ ro-rx.tt 471_&A,L. gi,4 7 /96;,. arAA.44, r2:„I? q /rned:7 u/-f-:46 Y/Li- • Yk /2 0 a,a4 1, e - WL c eu66,7 l/Q. 7ez .4� C�.�.�cL �,� out a /0+-1 ee,d h‘A-14 Q /11,- 4) anz-^-et, 6e/-cu /07 Y-i(t ./zeta-64/6 .1e, 4104746%f-05`.Ce 4 ��t, 1,ziaa„ Ariz. /Le, 6va-r, ld GZ-B/ecv out d0,14 )4•4��.- _ cvt.e_ a_-/".ez,tfeale_ /nieezt- di/Li-17 }fie u.-eek 97 T� _ 3/ Ste. GLO w-ee67-4 1/-et-cc,_, .; . ye-e/e. r.,_ /4 -- i. Div. 5:573 77 5/5- 358 If 1Z a. . MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator/Community Services Director RE: Tahpah Park Concession Stand Project - Architect DATE: June 23 , 1992 INTRODUCTION: On June 16, 1992, staff requested Council to consider hiring an architect to complete the design and building specifications for the Tahpah Park Concessions Stand Improvement Project. At that time, Council directed staff to investigate the criteria that addresses when an architect must be hired. BACKGROUND: The Tahpah Park Concessions Stand Improvement Project consists of the following: 1. Remodeling of the existing concession area to comply with State Health Code Regulations. 2 . The construction of an east wing to match northerly and westerly wings. 3 . The construction of a southerly wing which will include the expansion of the restrooms to include additional toilet facilities in the women' s restrooms and to insure ADA compliance for all facilities. Minnesota Statutes, Section 326. 03 , Subd. 2 (1988) exempt single family dwellings and out buildings in connection therewith, such as barns and private garages; two family dwellings; any farm building or accessory thereto; or temporary buildings or sheds used exclusively for construction purposes, not exceeding two stories in height and not used for living quarters. Minnesota Rules, Parts 1800 . 5000 - 1800-5700 provide for the additional exemptions as shown in Attachment #1. These exemptions are the only exemptions allowed by law. According to the recent publication of the State of Minnesota, Board of Architecture, Engineering, Land Surveying and Landscape Architecture Newsletter, reports have been received that, "a few Municipal Building Officials and County Zoning Administrators are waiving the requirements of law that non exempt buildings be designed by, and the plans and specifications for these buildings be certified by, a licensed architect and the appropriate licensed professional engineers. Municipal Building Officials and their superiors do not have the authority to waive statutory requirements. A Building Permit issued for a non exempt building designed by an unlicensed person can result in the public officials and the government entity being sued in the event of a systems failure in that building or failure to provide for handicap accessibility. Enforcement by local officials must be uniform and consistent for everyone. Enforcement cannot be selective. " A number of existing buildings exempted by items 1-10 (see Attachment #1) also require architectural and engineering services, "if there is a change in occupancy, a change in the load on the building structural system, or a change in the load on the building HVAC system, plumbing system or electrical system. Even though a plumbing contractor or electrical contractor may design a plumbing or electrical system, respectively, that they will install, HVAC systems must be designed by a professional engineer (mechanical) . " Even if a registered architect was not required, staff does not have the expertise or time to complete building design criteria and specifications for this project. In order to complete the project this year, it is imperative that we begin the design process immediately plans and specifications for this project must be submitted to the Commissioner of Health (MN Department of Health) for review which could take up to 30 days. The 10o cost factor for an architect to complete the design and specifications is not out of line with the rate charged by other consultants on similar municipal projects. Funding for the architect is proposed to be split evenly between 1992 budget line items and the Park Reserve Fund. ($2750. 00 1992 Budget, $2750. 00 Park Reserve Fund) On June 22 , 1992 , the Shakopee Park and Recreation Advisory Board moved to recommend to City Council that in light of the new information regarding the requirements for an architect as set forth in the State Building Code that Council direct the appropriate City officials to enter into an agreement with Architects Professional Association to complete the building design and specifications for the Tahpah Park Concessions Stand Improvement Project with funding to be evenly split between the Park Reserve Fund and the Professional Service Line Items Accounts in the 1992 Recreation and Engineering Budgets. The Park and Recreation Advisory Board felt that City should set an example for others to follow in terms of complying with State Building Codes. Additionally, the Board felt that the money would be well spent in comparison to previous projects where some design services were completed in house which later resulted in additional costs for the City and excessive staff time to resolve problems. ALTERNATIVES: 1. Authorize the appropriate City officials to enter into an agreement with Architects Professional Services to complete the building design and specifications for the Tahpah Park Concessions Stand Improvement Project with funding to be evenly split between the Park Reserve Fund and the Professional Service Line Items Accounts in the 1992 Recreation and Engineering Budgets. 2 . Table action pending further information from staff. 3 . Do not complete the Tahpah Park Concessions Stand Improvement Project until 1993 . STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Authorize the appropriate City officials to enter into an agreement with Architects Professional Services to complete the building design and specifications for the Tahpah Park Concessions Stand Improvement Project with funding to be evenly split between the Park Reserve Fund and the Professional Service Line Items Accounts in the 1992 Recreation and Engineering Budgets at a total cost not to exceed $5, 500. 00. TAMI\ADMIN\TAHPAH BAS/tiv ATTACHMENT #1 Minnesota Rules, parts 1800. 5000 to 1800. 5700 provide for the following additional exemptions: 1. Warehouse (storage rooms) for combustible or non-combustible goods. One story, no basement. Up to 5, 000 gross square feet. 2 . Retail or wholesale stores, paint stores, without bulk handling. Two story and basement. Up to a total of 1, 500 gross square feet. 3 . Office buildings. Two story and basement. Up to a total of 2 , 250 gross square feet. 4 . Factories and workshops using materials that are not highly flammable. One story, no basement. Up to 3 , 000 gross square feet. 5. Aircraft hangars where no repair work is done except exchange of parts and maintenance requiring no open flame, welding, or the use of highly flammable liquids. One story, no basement. Up to 3 , 000 gross square feet. 6. Lodging houses. Two story and basement. Cannot exceed 5 rooms or 1, 500 gross square feet. 7 . Eating and drinking establishments. Two story and basement. Cannot seat more than 20 persons or exceed 1, 000 gross square feet. 8 . Apartment houses. Two story and basement or three story including half basement. Cannot exceed four dwelling units or 5, 000 gross square feet. 9 . Garages, carports, and sheds used as accessories. One story, no basement. Cannot exceed 1, 000 gross square feet. 10. Convents and monasteries. Two story and basement. Cannot exceed 10 dwelling units or 3 , 000 gross square feet. TAMI\ADMIN\ATTACH1 r� ' O1SEN 6 � � MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Pool Request for Proposals DATE: June 23 , 1992 INTRODUCTION: On May 18, 1992 , the Shakopee Park and Recreation Advisory Board requested staff to solicit proposals for a Municipal Pool Facility and Equipment Analysis. The proposal submission deadline was Thursday, June 18, 1992 . BACKGROUND: Staff sent proposals for the work as outlined in the request for proposal specifications (Attachment #1) to five (5) different pool vendors who specialize in pool construction and design (Attachment #2) . In response to the solicitation, staff received two (2) proposals; U. S. Aquatics (Attachment #3) and Virg Lukin & Associates (Attachment #4) . In reviewing the proposals, staff feels that the scope of services offered by both providers is consistent with the proposal specifications. The major difference between the two proposals is in the area of cost and work experience. The proposal submitted by Virg Lukin & Associates can be completed at a cost of $3 , 500 . 00 . The proposal submitted by U. S. Aquatics is based on a cost of $3 , 740 . 00 . In my conversations with the two vendors, I have discovered that Virg Lukin & Associates has extensive experience in the area of consulting services for pool analysis. Virg Lukin & Associates also has more experience in dealing with sand bottom pools. U. S. Aquatics has significant experience in pool design, construction and sales. I believe that since Virg Lukin & Associates is not directly in the sales business that their proposal would give us a more objective analysis of our pool system and operations. Virg Lukin & Associates has also worked with us over the past three months in analyzing pool pump replacement alternatives and sand quality. On June 22 , 1992 , the Park and Recreation Advisory Board moved to recommend to the City Council that the appropriate City officials be authorized to enter into an agreement with Virg Lukin & Associates to complete an evaluation of the Shakopee Municipal Pool and related equipment with funding to be allocated from the Park Reserve Fund. ALTERNATIVES: 1 . Select Virg Lukin & Associates as the firm to utilize in completing the pool evaluation and analysis. 2 . Select U. S. Aquatics as the firm to utilize in completing the pool evaluation and analysis. 3 . Table action pending further information form staff. 4 . Do nothing. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REOUESTED: Move to authorize the appropriate City officials to enter into an agreement with Virg Lukin & Associates to conduct an pool evaluation and analysis with funding to be allocated from the Park Reserve Fund at a cost not to exceed $3 , 500. 00. BAS/tiv TAMI\ADMIN\POOLE-23 Request for Proposals Shakopee Municipal Pool Facility and Equipment Anaylsis Project Purpose To evaluate the physical condition of the pool plant and operational procedures. Topics/Issues/Concerns The following are issues that need to be addressed in the copes of services. 1. Complete an inventory of equipment in place and comment on the strength and weaknesses of the existing system and components. The inventory should also identify the make and model of all equipment. 2 . Evaluate the water treatment system and procedures. 3 . Develop a maintenance and replacement schedule for equipment identified including identification of recommended course of action to in regard to equipment replacement. 4 . Review and comment on current operational and maintenance procedures as it relates to eqipment identified. 5. Work with staff to establish a manual for the swim facilty' s operation and maintenance. 6 . Identify current facility and equipment failures and weaknesses and attempt to identify future failures. Offer suggestions and cost estimates for repairs and solutions to problems identified. 7 . Provide a estimated depreciation chart (life expectancy) for major equipment with replacement cost estimates for all equipment identified. 8 . Attend two coordination meetings with City staff. 9 . Attend one meeting with the Park and Recreation Advisory Board to make presentation of findings. Project Task Consultants should develop and submit the following: - Scope of proposed services to be completed. - Time table for completion of tasks. - Identification of person hours by task. - Cost per person hour. - Identify basis of payment. Submittal Deadline All proposals should be submitted to the City of Shakopee, Barry Stock, 129 E. 1st. Ave. , Shakopee, MN no later than June 18th. 1992 . Questions regarding the request for proposals should be forwarded to Barry Stock at 445-3650 . Attachment #2 Pool Vendors/Consultants 1. Olympic Pool Inc. Dick Stoks 135 Sp. Atwood Shakopee, MN 55379 2 . Virg Lukin & Assoc. 5645 Glen Ave. Minnetonka, MN 55345 3 . U. S. Aquatics Tom Schaffer 7887 Fuller Rd. Suite 110 Eden Prairie, MN 55344 4 . Custom Pools 601 E. Excelsior Ave. Hopkins, MN 55343 5. Island Pools Denny Thayer 1041 Crest Dr. Maple Grove, MN 55369 U . S . AQUATICS 7887 Fuller Road, Suite 110 Eden Prairie , Minnesota 55344 Telephone : ( 612 ) 937-0346 Fax: ( 612 ) 937-0558 June 18, 1992 City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379-1376 Attn: Mr. Barry A. Stock Assistant City Administrator/Community Services Director Re : Proposal To Evaluate The Physical Condition Of The Shakopee Municipal Pool Plant U. S . Aquatics, Inc. is pleased to have the opportunity to present you with a proposal to evaluate the physical condition of the Shakopee municipal pool plant. The proposal is based on the Topics/Issues/Concerns listed in the "Request for Proposals" which accompanied your letter dated May 28, 1992 . As suggested , an initial inspection of the Shakopee facility has been made in order to become familiar with its physical condition and its operations. We met Kim Tieben, Wally, and other staff members during our visit to the facility. Their enthusiastic input, knowledge, and cooperation will prove to be very helpful in the review and analysis of the Shakopee operations and facility. Enclosed is a "Bidders Proof of Responsibility" (credentials and portfolio list for Associated Pool Builders, Inc. ) which will give you a good idea of the work in which David A. Volk and I have been involved. The goal in execution of the proposal will be an analysis, synthesis and evaluation of the physical condition of the pool plant and operational procedures. The proposal includes the following scope of services: 1 . Complete an inventory of equipment in place and comment on the strengths and weaknesses of the existing system and components. The inventory should also identify the make and model of all equipment. 2 . Evaluate the water treatment system and procedures . 1 • 3. Develop a maintenance and replacement schedule for equipment identified including identification of recommended course of action in regard to equipment replacement. 4 . Review and comment on current operational and maintenance procedures as it relates to equipment identified. 5. Work with staff to establish a manual for the swim facility' s operation and maintenance. 6 . Identify current facility and equipment failures and weaknesses and attempt to identify future failures. Offer suggestions and cost estimates for repairs and solutions to problems identified. 7 . Provide an estimated depreciation chart ( life expectancy) for major equipment with replacement cost estimates for all equipment identified. 8. Attend two coordination meetings with City staff. 9 . Attend one meeting with the Park and Recreation Advisory Board to make presentation of findings. Completion of the above described items will take from four to six weeks from notice to proceed dependent upon the coordination of schedules with your staff , the Advisory Board, and our work load. This translates into a minimum of 10 person hours to maximum of 15 person hours per week, resulting in a maximum of 60 person hours (please see breakdown below) . Estimated Hours Rate/Hr Total Thomas R. Schaffer 40 $69.00 $2 , 760.00 David A. Volk 10 $54 .00 540. 00 Clerical 10 $36 .00 360. 00 Proposal Preparation Expense 80. 00 Total Estimated Proposal Amount: $3,740.00 Terms for compensation are as follows: 1 . $1 ,000.00 due with notice to proceed. 2 . $1 ,740.00 due upon delivery of proposal . 3. $1 ,000.00 due within 10 days of clients review of proposal . Respectfully submitted, %(11-14/e- .64/1'f,l'7+ Thomas R. Schaffer, President TRS: aj 2 VIRG LUKEN & ASSOCIATES June 16, 1992 Mr. Berry Stock Assistant City Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Proposal for evaluation of the Municipal Swimming Pool and related equipment for the City of Shakopee Dear Mr. S tock, ,,a su. wxC.ssPa.c z sem. wh+ear is 3 6 _ o- r u ai ti I would like to offer my professional services to do an evaluation of the swimming facility for your community. This evaluation would be based on my experience as a swimmer, facility manager, builder, expert witness and as a building and program consultant. In doing the evaluation I would take advantage of the services of your staff experience and its input, other professionals, manufactures, pool operators , suppliers and other sources that I have access to, in order to provide the most accurate conclusions and projections. Experience with facilities similar -to the pool: in Shakopee `inc11id the Preserve Pool Lake Elmo PoolF 'Cloquet .Pool, Rivers Edge to Slider_:Wildmountaia$Water. Slide, Shoreview' Pool and Slide tor;,name ;n . a few.' In. doing these projects the. determining factor of the det '; sign ^ c_ wase the program criteria based on projected Myex erienc , :T. P g P j usage. P ��y facility management and program has allowed for communication' an• evaluation of the needs of the operational/program staff. With the f't " proper mix� of mechanical needs and program criteria the Shakopee - facility could remain a quality swimming facility in the.;communit for "years to come: °= The evaluation would include: A summary of the equipment in place with comments on the strength and weaknesses of the existing system and components. Evaluation of water treatment system and procedures. Work with staff to establish a manual for the swim facility's - operation and maintenance. Z.l&f, Identify current facility and - equipment- failures weaknesses and attempt ,to identify"future potential failures Offer- suggestions for repairs and solutions to those problems.. • 5645 Glen Avenue A • Minnetonka, Minnesota 55345 • 612/934-5984 Shakopee Pool page 2 Provide a estimated depreciation chart (life expectancy) for the major equipment with major repair and replacement cost estimates for this equipment. Based on this chart staff could establish/update maintenance budgets and project estimated amounts for a major maintenance expense in the future. Attend two meetings with city staff and one meeting with the Park and Recreation Advisory Board. Provide three copies of the report to the city. This evaluation would be performed, personally, at a rate of $65 per hour with a projected time of 55 hours required. Which would be approximately $3, 500 for the report as outlined. If additional time or services would required this would be negotiated in advance, based on a specific project needs. The report would be completed within a four week period dependent on the coordination of the required meetings. Payment would include a retainer to start, invoicing at the end of the month for work completed and payment by the 10th of the next month. This report will be based on my years of personal experience and : ,_ ,y_,:;} resources and be directed toward providing the city with some tools and information on which to maintain the facility and make future = y plans. 4. Due to the,age and exceptional type of facility many estimates and , suggestion many not be total1y' accurate or correct but, will give your staff a bases to start from. • tia fyZjSo: �F^'w 7�? If this proposal is acceptable please return to me a written acknowledgement, with a $500 retainer. Work on the report would start within two weeks of acceptance of this-°:proposal I have been - involved _to a limited extent in the construction done this spring and have viewed the. liners;placement and filter-.:work.:. This:• first• - hand knowledge for the evaluation , will be an asset. Submitted by, Virg Luken Virg Luken & Associates • >_. Accepted by: Date Title: City of Shakopee, 101 ;' • A, * l30` MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Municipal Facility Survey DATE: July 1, 1992 INTRODUCTION: Several months ago the Shakopee City Council authorized the appropriate City officials to enter into an agreement with Decision Resources to develop a Municipal Facility Survey at a cost not to exceed $6,500. 00 with funding to be allocated from the Park Reserve Fund. In addition to the 60 question units that were dedicated to municipal facility issues, City Council expressed interest in developing additional questions that would focus on level of service issues. BACKGROUND: On June 30, 1992, the Shakopee Committee of the Whole reviewed potential level of service questions. At that time, the Committee of the Whole moved to recommend to City Council that 32 question units focusing on levels of service be approved in addition to the 60 municipal facility question units and 22 HRA question units. A copy of the complete survey is attached for Council review and approval. The cost for the additional 32 question units equates to $2, 880.00. Staff has reviewed the 1992 Budget and believes that it would be appropriate to expend funds from the professional services account of the Mayor and Council Budget Division. When the 1992 Budget was prepared, $14, 000. 00 was budgeted within the professional services account. Of the $14, 000. 00, $5, 000. 00 has been dedicated to the Scott County Transportation Coalition and $3 , 500. 00 to Lobbying/Consulting. The remaining balance ($5, 500. 00) was initially dedicated for a strategic planning process that would be lead by a facilitator. (RAMP) Since we are already half way through 1992 and the Municipal Facility Survey process is underway, staff believes that the results from the survey will be beneficial in accomplishing some of the same objectives as the RAMP process. Therefore, staff is recommending that the professional services account of the Mayor and Council 1992 Budget be utilized to cover the cost of the level of service questions. Taking this course of action would still leave approximately $2, 620. 00 within the professional services account of the Mayor and Council Budget for future strategic planning consultant needs or other professional services as deemed necessary. ALTERNATIVES: 1. Move to approve the questions for the Municipal Facility Survey and authorize the appropriate City officials to allocate $2,880. 00 from the professional services account of the Mayor and Council Budget Division to offset the costs associated with the 32 level of service question units. 2 . Amend the questions submitted for the draft survey and move their adoption with funding to be allocated from the professional services account of the Mayor and Council Budget at a cost not to exceed $2,880. 00. 3 . Table action pending further information from staff. 4 . Approve the survey questions and utilize a different funding source to offset the costs associated with the level of service questions. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move to approve the questions for the Municipal Facility Survey and authorize the appropriate City officials to allocate $2, 880. 00 from the professional services account of the Mayor and Council Budget Division to offset the costs associated with the 32 level of service question units. TAMI\ADMIN\SURVEY32 BAS/tiv Please add to agenda #13a - Municipal Facility Survey F cm : DPL Jul.02. 1992 02: 16 PM DECISION RESOURCES, LTD. Shakopee Residential 3128 Dean Court Needs Analysis Minneapolis, Minnesota 55416 FINAL DRAFT Hello, I 'm of Decision Resources, Ltd. , a polling firm located in Minneapolis. We have been retained by the City of Shakopee to speak with a random sample of residents about issues facing our community. I want to assure you that all individual responses will be held strictly confidential ; only summaries of the entire sample will be reported. 1. Approximately how many years have LESS THAN TWO YEARS 1 you lived in Shakopee? TWO TO FIVE YEARS 2 SIX TO TEN YEARS 3 ELEVEN TO TWENTY YRS4 OVER TWENTY YEARS 5 DON 'T KNOW/REFUSED 6 2 . As things now stand, how long in LESS THAN TWO YEARS 1 the future do you expect to live TWO TO FIVE YEARS 2 in Shakopee? SIX TO TEN YEARS 3 OVER TEN YEARS 4 REST OF LIFE (VOL) 5 DON'T KNOW/REFUSED 6 3 . How would you rate the quality of EXCELLENT 1 life in Shakopee -- excellent, GOOD 2 good, only fair, or poor? ONLY FAIR 3 POOR 4 DON'T KNOW/REFUSED 5 4 . What do you like MOST about living in Shakopee? 5 . What do you like LEAST about it? Turning to park and recreational opportunities . . . . 6. In general , how well informed are VERY WELL INFORMED 1 you about the park and recreation- SOMEWHAT WELL INFORM2 al facilities in Shakopee -- would NOT TOO INFORMED 3 you say very well informed, some- NOT AT ALL INFORMED 4 what informed, not too well in- DON 'T KNOW/REFUSED 5 formed, or not at all informed? 1 Frsm DR! Jul.02. 1952 02: 16 Pm 7. How often have you gone to another AT LEAST WEEKLY 1 community to use their recreation- SEVERAL TIMES/MONTH 2 al facilities -- at least once ONCE/MONTH 3 each week, several times each SEVERAL/YEAR month, once a month, several times ONCE/YEAR 5 a year, once a year, or never? NEVER 6 DON'T KNOW/REFUSED 7 IF "YES , " ASK: 8 . What facilities and in which communities? I would like to read you a list of facilities that are part of the park and recreation offerings in Shakopee. Of these facili- ties , which have you or members of your household used during the past year, which have you or household members used, but not during the past year, and which have never been used? YEAR PAST NVER DK-R 9 . Neighborhood playgrounds? 1 2 3 4 10 . The municipal swimming pool? 1 2 3 4 11. Large community playfields, such as Tahpah Park and Riverview? 1 2 3 4 12 . Large community parks with picnic areas, such as Lions and Memorial Parks? 1 2 3 4 13 . Adult softball/baseball fields? 1 2 3 4 14 . Youth softball/baseball fields? 1 2 3 4 15 . Pedestrian trails? 1 2 3 4 16. Tennis courts? 1 2 3 4 17 . Neighborhood ice rinks? 1 2 3 4 18. The Indoor Ice Arena, also known as "The Bubble?" 1 2 3 4 Now, from what you have heard or seen, how would you rate the quality of each of these components -- would you rate it as excellent, good, only fair, or poor? EXC GOO ONF POR DKR 19 . Neighborhood playgrounds? 1 2 3 4 5 20 The municipal swimming pool? 1 2 3 4 5 21 . Large community playfields, such as Tahpah. Park and Riverview? 1 2 3 4 5 22 . Large community parks with picnic areas, such as Lions and Memorial Parks? 1 2 3 4 5 23 . Adult softball/baseball fields? 1 2 3 4 5 24 . Youth softball/baseball fields? 1 2 3 4 5 25 . Pedestrian trails? 1 2 3 4 5 26 . Tennis courts? 1 2 3 4 5 27 . Neighborhood ice rinks? 1 2 3 4 5 2 =rcm : SRL Ju1.02. 1992 02: 16 PM PO4 EXC GOO ONF POR DKR 28 . The Indoor Ice Arena, also known as "The Bubble?" 1 2 3 4 5 I would like to read you a brief list of city-sponsored recrea- tional programs. For each one, please tell me if you or members of this households have participated in that program. For those in which you have participated, please tell me whether you were generally satisfied or dissatisfied with the program. Again, please only consider city-sponsored recreational programs. PART PART PART NOTP DK-R -SAT -DIS -UNS 29 . Summer aquatics? 1 2 3 4 5 30. Fitness programs? 1 2 3 4 5 31 . Adult athletics? 1 2 3 4 5 32 . Youth athletics? 1 2 3 4 5 33 . Senior programs? 1 2 3 4 5 34 . Field trips? 1 2 3 4 5 35 . Other adult programs? 1 2 3 4 5 36 . Other youth programs? 1 2 3 4 5 37 . Are there any additional recreational programs you would like to see the City of Shakopee offer its residents? (IF "YES , " ASK: ) What are they? Moving on. . . . 38 . Do you think the City should up- YES 1 grade and modernize the Shakopee NO 2 Municipal Swimming Pool? DON 'T KNOW/REFUSED 3 39 . Would you support or oppose the SUPPORT 1 City licensing private vendors OPPOSE 2 to sell services and products in DON'T KNOW/REFUSED 3 the parks, such as snacks and re- freshments? I would like to read you a brief list of recreational facilities that are part of the Shakopee Park System. For each, based upon what you have seen or heard, please tell me if you feel the current facilities are sufficient to meet demands or if you feel that additional facilities of that type are needed. SUFF ADDL DK-R 40 . Neighborhood playgrounds? 1 ' 2 3 41. Community parks? 1 2 3 42 . Youth ballfields? 1 2 3 43 . Adult ballfields? 1 2 3 44 . Football/Soccer fields? 1 2 3 45. Outdoor swimming pool? 1 2 3 Frcm DPL Ju!.02. 1992 02: 15 PM P05 SUFF ADDL DK-R 46. A Senior Center? 1 2 3 47 . Tennis courts? 1 2 3 48 . Neighborhood hockey rinks? 1 2 3 49 . Neighborhood skating rinks? 1 2 3 50. Picnic areas? 1 2 3 51. Picnic shelters? 1 2 3 52 . Trails? 1 2 3 53 . Playground equipment? 1 2 3 54 . Indoor ice arenas? 1 2 3 I would like to read you a short list of future park and recrea- tional developments that could be undertaken. In most cases, however, a property tax increase would be required to fund its construction. For each, please tell me whether you would strong- ly support a property tax increase for it, somewhat support a property tax increase, somewhat oppose a property tax increase, or strongly oppose a property tax increase for it . StS SmS Sm0 StO DKR 55 . The construction of additional ballfields? 1 2 3 4 5 56. Improvement and upgrading of all small neighborhood play- grounds? 1 2 3 4 5 57 . Improvement and upgrading of all community parks? 1 2 3 4 5 58 . Completion of all undeveloped park areas? 1 2 3 4 5 59. Construction of a park shelter and enclosed picnic area? 1 2 3 4 5 60 . Expansion of the off-street trail system? 1 2 3 4 5 61 . Connection of all walkways and sidewalks into a loop system? 1 2 3 4 5 62 . Build an indoor pool complex? 1 2 3 4 5 63 . Purchase new playground equipment? 1 2 3 4 5 64 . Construction of a senior citizens center? 1 2 3 4 5 65 . Construction of a youth center? 1 2 3 4 5 66 . Construction of an indoor walking/ running track? 1 2 3 4 5 67 . Construction of an indoor ice arena? 1 2 3 4 5 68 . Construction of a nature center? 1 2 3 4 5 69 . Development of a nature trail , with instructional exhibits? 1 2 3 4 5 70. Development of a riverfront park? 1 2 3 4 5 Changing topics. . . . There are two general approaches to building ballfields. Some people want them to be developed across the City at various 4 From SRL Yu 02. 1992 02: 15 PM neighborhood parks for convenience. Others believe that a cen- trally located youth ballfield complex, with four to six ball- fields in one place, would be more efficient. 71 . How do you feel -- should youth NEIGHBORHOOD 1 ballfields be built in neighbor- COMPLEX 2 hood parks or should a centrally NEITHER (VOL) 3 located complex be built? BOTH (VOL) 4 DON'T KNOW/REFUSED 5 The City current subsidized both adult and youth recreational programs . 72 . If it is necessary to prioritize YOUTH PROGRAMS 1 those funds, should the emphasis ADULT PROGRAMS 2 be on youth programs, adult pro- BOTH EQUALLY 3 grams, or both equally? DON ' T KNOW/REFUSED 4 73 . Would you favor or oppose the STRONGLY FAVOR 1 acquisition of land by the City FAVOR 2 for future recreational facil- OPPOSE 3 ities? (WAIT FOR RESPONSE) Do STRONGLY OPPOSE 4 you feel strongly that way? DON 'T KNOW/REFUSED 5 To fund new park facilities and new programs, a bond referendum might be necessary. Residents could be asked to increase their property taxes for twenty years to cover the bonds. 74 . How much would you be willing to NOTHING 01 see your yearly property taxes $10 . 00 02 increase to fund the acquisition $20 . 00 03 of land and park facilities? $30 . 00 04 Let ' s say, would you be wiling to $40. 00 05 see your yearly taxes increased by $50 . 00 06 $ ? (CHOOSE RANDOM STARTING $60 . 00 07 POINT; MOVE UP OR DOWN DEPENDING $70. 00 08 ON ANSWER) How about $ per $80. 00 09 year? $90. 00 10 $100 . 00 11 DON'T KNOW/REFUSED 12 Many communities across the Metropolitan Area have either built or are considering building a Community Center for recreational , health, and meeting space opportunities . 75. Are you currently a member of a YES 1 community center in another city? NO 2 DON'T KNOW/REFUSED 3 76 . Are you currently a member of a YES 1 privately-owned health club? NO 2 DON 'T KNOW/REFUSED 3 5 J Frcm . :PL Ju 1.02. 1992 02: 16 Pm P2- 77 . In regards to facilities, if Shakopee were to build a Commu- nity Center, what types of facilities do you think it most important to include? 78 . In regards to services and programs, are there any particu- lar activities or programs and services the center should offer to serve the needs of you and other members of your household? (IF "YES, " ASX: ) What are they? 79 . Do you favor or oppose the con- STRONGLY FAVOR 1 struction of a Shakopee Community SOMEWHAT FAVOR 2 Center? (WAIT FOR RESPONSE) And SOMEWHAT OPPOSE 3 do you feel strongly that way? STRONGLY OPPOSE 4 DON 'T KNOW/REFUSED 5 80. Why do you feel that way? I would like to read you a list of facilities that could be included in a community center. For each, please tell me if you would strongly favor, somewhat favor, somewhat oppose, or strong- ly oppose its inclusion in a community center. StS SiS Sm0 StO DKR 81. An indoor leisure fun swimming pool , with water slide and whirl- pool? 1 2 3 4 5 82 . A rectangular lap and competition pool? 1 2 3 4 5 83 . A historical room featuring ex- hibits about the city ' s history? 1 2 3 4 5 84 . A gymnastics area? 1 2 3 4 5 85 . A batting cage for practice? 1 2 3 4 5 86 . Racquetball courts? 1 2 3 4 5 87 . An indoor running/walking track? 1 2 3 4 5 88 . Fullsize gymnasiums? 1 2 3 4 5 89 . A public access cable television studio? 1 2 3 4 5 90 . A senior citizens activities can- ter, with kitchen facilities? 1 2 3 4 5 91 . A youth center? 1 2 3 4 5 92 . A daycare center for the young children of facility users? 1 2 3 4 5 93 . Arts and crafts room? 1 2 3 4 5 94 . An ice arena? 1 2 3 4 5 5 From DRL 1u1.02. 1992 02:15 PM P08 �-..„- StS SmS SmO StO DKR 95. An indoor bicycle track? 96. An indoor rollerblade rink? 1 2 3 4 5 97. Meeting rooms? 1 2 3 4 5 98• A library? 1 2 3 4 5 1 2 3 4 5 I would like to re-read that list of potential facilities for a community center. (READ THE LIST) 99 . Please tell me which ONE you most strongly favor for inclu- sion. 100. Which facility do you consider second in importance? 101. Is there any facility that you would PARTICULARLY oppose including in a center? FIRST SECND OPPOS An indoor leisure fun swimming pool , with water slide and whirlpool? 01 01 01 A rectangular lap and competition pool? 02 02 02 A historical room featuring exhibits about the city's history? 03 03 03 A gymnastics area? 04 04 04 A batting cage for practice? 05 05 05 Racquetball courts? 06 06 06 An indoor running/walking track? 07 07 07 Fullsize gymnasiums? 08 08 08 A public access cable television studio? 09 09 09 A senior citizens activities center, with kitchen facilities? 10 10 10 A youth center? 11 11 11 A daycare center for the young children of facility users? 12 12 12 Arts and crafts room? 13 13 13 An ice arena? 14 14 14 An indoor bicycle track? 15 15 15 An indoor rollerblade rink? 16 16 16 Meeting rooms? 17 17 17 A library? 18 18 18 ALL EQUALLY 19 19 19 NONE 20 20 20 DON'T KNOW/REFUSED 21 21 21 If a bond referendum were necessary to fund the construction and programming at a new community center, residents would be asked to increase their property taxes for twenty years to cover the cost of the bonds? From DRL Ju 1.02. 1592 02:16 PM P09 102. How much would you be willing to NOTHING see your yearly property taxes 1 increase to fund this construc- $55. 00 2 $ . 00 3 say, Would you be tion? Let ' s willing to see $75. 005 4 your yearly taxes $100. 00 5 increase by $ ? (CHOOSE RANDOM $125. 00 STARTING POINT; MOVE UP OR DOWN DEPENDING ON ANSWER) How about $170. 00 7 8 $175 $ per year? . 00 8 DON'T KNOW/REFUSED 9 Let ' s talk about re-development issues facing the community. . . . The City is currently involved in discussions about Downtown re- development. 103 . What do you like most about Downtown Shakopee? 104 . What do you like least about it? 105. Do you presently shop in Downtown YES 1 Shakopee? NO 2 DON'T KNOW/REFUSED 3 IF "YES, " ASK: 106 . What businesses do you patronize Downtown? 107 . Are there changes or improvements to the Downtown Area which would induce you to shop more there? (IF "YES, " ASK: ) What would they be? For each of the following changes or improvements, please tell me whether it would make you much more likely to shop downtown, somewhat more likely, or have no impact on whether you would shop downtown. . . . 8 : :'RL Jul. 02. 1992 02: 16 FM P10 MML SML DKR 108 . Re-routing truck traffic around Downtown and off Main Street? 1 2 109 . More and closer parking in the Downtown area? 1 2 3 110. Would you favor or oppose the City STRONGLY FAVOR providing development incentives FAVOR 2 to attract types2 particular of OPPOSE 3 businesses to the Downtown Area? STRONGLY OPPOSE 4 (WAIT FOR RESPONSE) Do you feel DON'T KNOW/REFUSED 5 strongly that way? 111. What types of business, if any, should the City attempt to attract Downtown? (PROBE) 112 . Would you favor or oppose the City STRONGLY FAVOR 1 providing development incentives FAVOR 2 to particular type of facilities OPPOSE 3 and business to the Riverfront STRONGLY OPPOSE 4 Area? (WAIT FOR RESPONSE) Do you DON 'T KNOW/REFUSED 5 feel strongly that way? There are a number of older buildings on the City Hall block in the Downtown Area which have historical significance. Some people think they should be preserved and retrofitted for busi- ness use. Others feel that if it would attract business to the area , they should be demolished and replaced with newer facili- ties. 113 . How about you? Do you feel that PRESERVATION 1 the priority should be on histor- ATTRACT BUSINESS 2 ical preservation or on the at- EQUALLY (VOL) 3 traction of new business to this NEITHER (VOL) 4 area? DON 'T KNOW/REFUSED 5 I 'd like to discuss two particular places in the community. . . . 114 . If you could choose, what would you most favor doing with the Huber Park land on the riverfront? The Soo Line and Chicago Northwestern Railroads are asking in excess of $125, 000 for the old railroad building property at Scott Street and Second Avenue. 9 cm : AFL Ju1.02. 1992 02: 16. PM P11 115. Would you favor or oppose the City STRONGLY FAVOR purchasing the old railroad build- FAVOR 2 ing? (WAIT FOR RESPONSE) Do you OPPOSE 2 feel strongly that way? 3 STRONGLY OPPOSE 4 DON'T KNOW/REFUSED 5 116. If the City were to purchase this property, what would you most favor doing with the old Railroad Building at Scott Street and Second Avenue? 117 . If the City were to were to use CHOICE A any projected and actual surplus CHOICE s 2 funds, which ONE of the following CHOICE C 3 3 areas would you prioritize as the CHOICE D 4 most important use: CE E 5 A. Expansion and improvement ofST) ALL IEQUALLY (VOL) 6 recreational facilities; NONE OF ABOVE (VOL) 7 B. Final phase of the Downtown DON 'T KNOW/REFUSED 8 streetscape development; C. Lower residential property taxes; D. Construction of new streets, bridges , and sewers ; E. Capital improvements, such as fire stations and equipment, and sewers. Changing topics again. . . . 118 . Thinking back to when you moved to Shakopee, what factors were most important to you in selecting the city? 119. Would you favor or oppose an in- FAVOR 1 crease in YOUR city property tax OPPOSE 2 if it were needed to maintain city DON'T KNOW/REFUSED 3 services at their current level? IF "OPPOSE, " ASK: 120 . Aside from administration, what services would you be willing to see cut to keep property taxes at their cur- rent level? 10 From : DRL Ju1.02. 1992 02:15 PM P12 121. In comparison with nearby suburban VERY HIGH 1 areas, do you consider property SOMEWHAT HIGH 2 taxes in Shakopee to be very ABOUT AVERAGE 3 high, somewhat high, about aver- SOMEWHAT LOW 4 age, somewhat low, or very low? VERY LOW 5 DON'T KNOW/REFUSED 6 As you may know, property taxes are divided between the City of Shakopee, Scott County, and local school districts. The City share of the property tax is about seventeen percent. 122 . When you consider the property EXCELLENT 1 taxes you pay and the quality GOOD 2 of city services you receive, ONLY FAIR 3 would you rate the general value POOR 4 of city services as excellent, DON 'T KNow/REFUSED 5 good, only fair, or poor? I would like to read you a list of a few city services. For each one, please tell me whether you would rate the quality of the service as excellent, good, only fair, or poor? EXC GOOD FAIR POOR D.K. 123 . Police protection? 1 2 3 4 5 124 . Fire protection? 1 2 3 4 5 125. City street repair and maintenance? 1 2 3 4 5 126. Water and sewers? 1 2 3 4 5 127 . Snow plowing? 1 2 3 4 5 128. 911 Emergency Service? 1 2 3 4 5 129 . Animal control? 1 2 3 4 5 130. Park maintenance? 1 2 3 4 5 131 . Trail maintenance? 1 2 3 4 5 132 . Recreational programs? 1 2 3 4 5 133 . Street lighting? 1 2 3 4 5 134 . Building inspection? 1 2 3 4 5 135 . Nuisance code enforce- ment? 1 2 3 4 5 Moving on. . . . 1i From : DRL Ju 1.e2. 1992 02:16 PM R13 136. Other than voting, do you feel YES 1 that if you wanted to, you could NO 2 have a say about the way the City DON 'T KNOW/REFUSED 3 of Shakopee runs things? 137. How much do you feel you know GREAT DEAL 1 about the work of the Mayor and FAIR AMOUNT 2 City Council -- a great deal, a VERY LITTLE 3 fair amount, or very little? DON'T KNOW/REFUSED 4 138 . From what you know, how would you EXCELLENT 1 rate the job performance of the GOOD 2 Mayor and City Council? (WAIT ONLY FAIR 3 FOR RESPONSE) And do you feel POOR 4 strongly that way? DON'T KNOW/REFUSED 5 IF OPINION STATED IN QUESTION #138, ASK: 139 . Why do you feel that way? 140. How much first-hand contact have QUITE A LOT 1 you had with the Shakopee SOME 2 City Staff -- quite a lot, some, VERY LITTLE 3 very little, or none at all? NONE AT ALL 4 DON'T KNOW/REFUSED 5 141. From what you have seen or heard, EXCELLENT 1 how would you rate the job per- GOOD 2 formance of the Shakopee City ONLY FAIR 3 Staff -- excellent, good, only POOR 4 fair, or poor? DON'T KNOW/REFUSED 5 Turning to another issue. . . . 142 . In general, do you feel that the RIGHT LEVEL 1 City is enforcing city codes and TOO EXACTING 2 ordinances at about the right NOT RIGOROUS 3 level , is too exacting, or is not VARIES (VOL) 4 rigorous enough? DON'T KNOW/REFUSED 5 IF "TOO EXACTING, " "NOT RIGOROUS ENOUGH, " OR "VARIES, " ASK: 143 . What codes or ordinances do you feel are not being en- forced at about the right level? 12 From : DR- Ju 1992 02: 16 PM P14 144 . Does the development across the WELL-PLANNED 1 city seem to have been well- NOT WELL PLANNED 2 planned for the future of Shak- DON'T KNOW/REFUSED 3 opee? 145. Do you feel that Shakopee resi- ADEQUATE 1 dents have an adequate opportunity INADEQUATE 2 for participation in the zoning DON'T KNOW/REFUSED 3 and land use decision-making process? 146. Over the past five years, do you ABOUT RIGHT 1 think that the pace of development TOO RAPID 2 in the city has been about right, NOT FAST ENOUGH 3 too rapid, or not fast enough? DON'T KNOW/REFUSED 4 Currently, Shakopee requires developers to provide additional amenities, such as tree preservation, construction of trail corridors, and parkland dedication or payment of park fees. People in favor of these requirements feel that developers should give something back to the city directly, even if it might discourage new construction. People opposed to these requirements feel that they discourage new construction and force developers to go to other communities. 147 . Do you support the City continuing YES 1 these types of requirements? NO 2 DON 'T KNOW/REFUSED 3 Moving on. . . . Let ' s talk about the general priorities that Shakopee should establish for the future. As you may be aware, the City of Shakopee must prepare a budget each year to bring spending in line with revenues. I would like to ask you, in the next few questions to make the same kind of decisions . If you do not already have it by the phone, could you please get a pencil and a sheet of paper. (WAIT IF NECESSARY) I am first going to read you a list of ten categories of city services and some examples of each type. Then I will read you the number of dollars to be spent in 1992 for every one thousand dollars of total spending. Please place this number to the right of each service. (READ EACH CATEGORY AND THE ACCOMPANYING DOLLAR FIGURE) 13 From :SPL Ju1.82. 1992 02: 16 PM _5 SERVICE 1991 NEw SPENDING SPENDING 148 . Police, Neighborhood Watch, the DARE Anti- Drug Program, Animal Control, and Code Enforcement. $XXX 149 . Fire Protection and HazMat, hazardous waste materials handling. $XX 150 . Public Works, such as Street Maintenance, Snow Plowing, and Maintenance Garage Operations. $XXX 151 . Engineering, Planning, Community Develop- ment, and Inspection Services. $XX 152 . Recreation, offers and organizes programs, activities and facilities for youth, adults, and senior citizens. Coordinates community group activities and facility needs. $XX 153 . Park Maintenance including General Park Upkeep and Forestry Programs. $XX 154 . Administration, such as legal records re- tention, business licensing, Council/Com- munity relations, economic development, legis- lative liaison, and general city management operations $XX 155. City Hall Operations, including insurance for all City property, equipment maintenance, sup- plies, janitorial services, utilities, postage, printing, and 1/2 of the cost of city news- letters . $XXX 156 . Mayor, City Council, and Advisory Commission Expenses . $XX 157 . Finance Department, maintaining tax and revenue records and monitoring expenditures. $XX $1000 $900 The total being spent now adds to $1000. Suppose that the over- all budget must be reduced to $900 -- a ten percent reduction. I would like you to make changes in the amount spent for each service so that the overall reduction can be made. You may increase as well as decrease spending in any specific category, but the final total must be $900. (ENTER EACH FIGURE IN THE SPACES) 14 From : DRL Ju1.02. 1992 02:16 PM ?15 158. Would you favor or oppose the City STRONGLY FAVOR 1 publishing a regular newsletter on FAVOR 2 local government and community OPPOSE 3 activities? (WAIT FOR RESPONSE) Do STRONGLY OPPOSE 4 you feel strongly that way? DON'T KNOW/REFUSED 5 Now, just a few more questions for demographic purposes. . . . Could you please tell me how many people in each of the following age groups live in your household. Let's start with the oldest. Be sure to include yourself. 159 . First, persons 65 or over? 160. Adults under 65? 161. School-aged or pre-school children? 162 . Do you own or rent your present OWN 1 residence? RENT 2 REFUSED 3 163 . What is your age, please? 18-24 1 25-34 2 35-44 3 45-54 4 55-64 5 65 AND OVER 6 REFUSED 7 164 . What is your occupation and, if applicable, the occupation of your spouse or partner? M: F: 165. What is the last grade of school LESS THAN HIGH SCHL 1 you completed? HIGH SCHOOL GRADUATE2 TECH COL/VO-TECH 3 SOME COLLEGE 4 COLLEGE GRADUATE 5 POST-GRADUATE 6 REFUSED 7 166. Could you tell me your approximate UNDER $12, 500 1 pre-tax yearly household income. $12 , 500-$24 , 999 2 Does the income lie. . . . $25, 000-$37, 499 3 $37, 500-$49, 999 4 $50, 000-$62, 499 5 $62, 500-$74 , 999 6 $75,000 AND OVER 7 DON'T KNOW 8 REFUSED 9 15 From : DRL Ju 1.02. 1992 02: 1.6 PM P17 167 . Is there anything else you would like to tell us that we can report back to the City Council members, preserving your anonymity? 168 . Gender (DO NOT ASK) MALE 1 FEMALE 2 Thank you very much for your time. Good-bye. 169 . REGION OF THE CITY: TELEPHONE NUMBER: INTERVIEWER: DATE: 16 t._ S TO; Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police DATE: 06 18 92 SUBJECT: Mutual Aid/Joint Powers Agreement INTRODUCTION: The member agencies of the Southwest Metro Drug Task Force (SMDTF) feel that it would be in the best interest of the political subdivisions they represent to have in place a Mutual Aid/Joint Powers Agreement to deal with situations other than Drug Investigations. BACKGROUND: Shakopee is a participating member of the Southwest Metro Drug Task Force which was formed when member agencies entered into a Mutual Aid/Joint Powers Agreement for the purpose of enforcing drug laws. This agreement allows member agencies to share federal and state funds which are dedicated to multi-jurisdictional drug related law enforcement efforts. The SMDTF Executive Committee, however, feels that the status of member agencies who assist each other with non-drug related law enforcement activities might be subject to challenge. In the interest of good planning, the committee had Assistant Carver County Attorney Peter Ivy who serves as legal counsel to the SMDTF prepare the attached agreement. The agreement is being circulated among member cities and counties for approval. When the agreement is approved, the original will be circulated for signing. ALTERNATIVES: i. Approve the agreement. 2 . Do not approve the agreement. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Approve the proposed Joint Powers/Law Enforcement Mutual Aid agreement between the cities of South Lake Minnetonka, Chaska, Chanhassen, Shakopee, Mound, St. Bonifacious-Minnetrista, Prior Lake, Scott County and Carver County and authorize the appropriate City Officials to enter same. CHASKA POLICE DEPARTMENT MEMORANDUM TO: E C TIVE COMMII-1"EE FROM: GRE .CHOL SUBJ: JQINE/ •O WERS AGREEMENT DATE: JUNE 1, 1992 Attached is a copy of the joint powers agreement for use by members of the Southwest Metro Drug Task Force. The agreement allows officers from jurisdictions within the agreement to assist other jurisdictions within the agreement. Please bring this before your respective City Councils or County Boards for approval. Once approved, the original will be circulated for signing. If you have any questions regarding this, please feel free to call me or Peter Ivy at 448-1200. • 6 ,.. ., CARVER COUNTY COURTHOUSE MICHAEL A. FAHEY • 600 EAST 4TH STREET,3CX12 Carver CoLnty.Attorneys—� � � CHASKA, MINNESOTA 55318-2188 FAX(6 t 2)448-1206 • `\ t ' . . • CIVIL DIVISION: CRIMINAL CIV'SICN: NHESO Jean A. Davies James W.Keeler,Jr. Duane A. 9artz Tarr Ivy MUNII I OF CAQV LK Chantal S.Sorenson TaraaE..K Keehn 1 1 111 (6S 2) 368-1548 (612)448-1200 M.MIORANDUM TO: Scott and Carver County Boards, and the Respective City Boards of South Lake Minnetonka, Chaska, Chanhassen, Shakopee, Mound, St. Bonifacious-Minnetrista, and Prior Lake Peter Ivy Assistant Carver County Attorney - { / FROM: � DATE: March 20, 1992 RE: Joint Powers Agreement: Law Enforcement Mutual Assistance Please attached find a Contract entitled "Joint Powers Agreement: Law Enforcement Mutual Assistance" . This Contract arose during discussions had by the Executive Committee of the Southwest Metro Drug Task Force of which the above listed cities and counties participate. The impetus behind this Contract was the desire, as expressed by the chief law enforcement official for each agency, that there be some reserve authority to draw upon neighboring law enforcement agencies for occasional assistance. The respective sheriffs and chiefs believed that this Contract would, in fact, be infrequently used; however, since these agencies are participating on a very close relationship in the Southwest Metro Drug Task Force, it makes good sense to have such an option available should the need arise. The Contract itself was drafted primarily from the materials provided by the Minnesota County Attorney' s Association. Essentially, the Contract sets out the relationship • and expectations between two or more agencies should such assistance be provided. I appreciate your attention to this matter, and I look forward to its complete execution by the parties. Please do not hesitate to call if you have questions or comments. PI:gj • enc. cc: Chaska Chief Greg Schol Ajfrrmanze Artion/Equal Opportunity Employer Printed on Reqded Paper JOINT POWERS AGREEMENT: LAW ENFORCEMENT MUTUAL ASSISTANCE THIS AGREEMENT, is entered into by and between Carver County, Scott County, McLeod County, and the Cities of South Lake Minnetonka, Chaska, Chanhassen, Shakopee, Mound, St. Bonifacius- Minnetrista and Prior Lake through their respective Sheriffs' Offices and Police Departments. WITNESSETH: WHEREAS, the above-named Counties and Cities employ full-time, certified peace officers for the purpose of maintaining law and order within their respective jurisdictions and affording police protection to their respective citizens; and WHEREAS, the peace officers of these named Counties and Cities are vested with powers appropriate to accomplish these purposes, these peace officers having been duly licensed or certified by the Minnesota Board of Peace Officer Standards and Training; and WHEREAS, these named Counties and Cities are desirous of having their respective law enforcement officers extend their services beyond their . respective jurisdictions for the purpose of cooperatively aiding other jurisdictions in enforcing the statutes enacted by the State of Minnesota, NOW, THEREFORE, the Counties and Cities, pursuant to the authority contained in Minnesota Statutes, Section 471.59 , commonly known as the Joint Powers Act, in order to accomplish the foregoing purposes , agree as follows: 1. COUNTY TO ASSIST Any County may direct its certified peace officers to provide assistance to any City police officers in investigating any alleged criminal law violation in any City, as such assistance may be requested from time to time by the Chief of Police of City or authorized designee. Such assistance shall be provided by County law enforcement officers in the manner reasonably appropriate under the circumstances. 2. CITY TO ASSIST Any City may direct its certified peace officers to provide assistance to any County Sheriffs' Office in investigating any alleged criminal law violation in any County, as such assistance may be requested from time to time by the Sheriff of any County or his authorized designee. Such assistance shall be provided by City police officers in the manner reasonably appropriate under the circumstances. 3 . OFFICERS TO PROTECT OWN JURISDICTION FIRST It is the express understanding of the parties hereto that the first and foremost priority of the police and sheriff's personnel of any respective jurisdiction is to maintain law and order and provide police protection within that jurisdiction. It is therefore expressly understood that the assistance contracted for by this Agreement shall be provided only if the officers requested to provide assistance can provide such assistance without unduly jeopardizing the law and order or police protection within their respective jurisdictions. 4. NO LIABILITY FOR FAILING TO ASSIST It is expressly understood that neither any County nor any City shall be in any way, liable for any claim based upon a failure for any reason of the peace officers of one jurisdiction to provide assistance when requested by the law enforcement officers of another jurisdiction. 5. REQUESTING OFFICERS AUTHORITY OVER ASSISTANT OFFICERS It is expressly understood and agreed that the peace officers who respond to a request for assistance by peace officers of the other party shall follow the orders and commands of the senior law enforcement officer then on duty of the party requesting assistance during the time such assistance is being given. Further, any third-party civil liability claims shall attach to the requesting, supervising jurisdiction, and this requesting agency shall hold the others harmless. 6 . POWER OF OFFICERS The Joint Exercise of Powers Act entitles officers to the same authority they have in their own jurisdiction when assisting another agency under the authority of this Agreement. The senior law enforcement officer, 2 then on duty with the requesting agency, may assign personnel from the provider agency to any appropriate duties, including but not limited to, undercover surveillance and assignments, effecting arrests, and transporting prisoners. 7. NO PAYMENT TO ASSISTING JURISDICTION OR OFFICERS Neither any County nor any City shall be responsible or liable for the payment of wages or other remuneration to the other party or to the other party's peace officer(s) , notwithstanding the fact that such peace officer(s) may from time to time, pursuant to this Agreement, provide police services to the party hereunder who is not the regular employer of such law enforcement officer(s) . The actual employing jurisdiction shall continue to pay all salaries and reimbursements, and each employing jurisdiction shall hold the others harmless. 8. NO LIABILITY TO ASSISTING JURISDICTION FOR DAMAGES It is expressly understood and agreed that neither any County nor any City shall be responsible, or liable in any way for any claim for injury or death of any peace officer in the employ of the other party or for any damage to the equipment owned by the other party notwithstanding the fact that such peace officers and equipment may from time to time, pursuant to this Agreement, provide assistance to the party who is not the employer of the law enforcement officer or the owner of the equipment. All worker's compensation claims will -be handled by the jurisdiction in which the peace officer is employed. 9. DURATION This Agreement shall remain in full force and effect until it shall be terminated in the manner provided herein. 10. TERMINATION This Agreement may be terminated by any party upon thirty ( 30) days' written notice to the other parties. Such notice shall be delivered to the Mayor or Clerk of the Cities and to the Clerks of the County Boards. Upon such written notice, it is agreed that the prior agreement between the parties covering the same subject matter is hereby terminated. IN WITNESS WHEREOF, the Counties and Cities have hereunto set 3 their hands CARVER COUNTY BY: DATED: SCOTT COUNTY BY: DATED: McLEOD COUNTY BY: DATED: SOUTH LAKE MINNETONKA BY: DATED: CITY OF CHASKA BY: DATED: CITY OF CHANHASSEN BY: DATED: CITY OF MOUND BY: DATED: 4 CITY OF PRIOR LAKE BY: DATED: CITY OF SHAKOPEE BY: DATED: ST. BONIFACIUS-MINNETRISTA BY: DATED: 5 /1 n I \ LR 1 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1992 Audit Services DATE: June 19, 1992 Introduction Now is the appropriate time to begin selection of a auditor for auditing fiscal year 1992. Background The firm of Jaspers & Streefland has done the audit for the City for almost 30 years with the exception of having the State Auditor for 1969. The same individual has been doing the audit for more than 14 years. Staff has recommended changing auditors for about the last ten years, primarily in order to have a fresh look at the financial operations of the City. Council has continued to retain Jaspers, Streefland & Company. Accordingly, the motion drafted below reflects past Council actions in retaining the previous auditors. The price quoted by Jaspers, Streefland & Company has been reasonable and stable over the last few last years and will probably be among the lowest quotes that the City would receive from qualified firms. Council should decide to change auditors or not because shopping around raises questions in other firms minds whether it is worth responding if it appears that the city is just checking prices. Selection of an auditor should be based on giving more weight to qualifications than to price. Alternatives 1. Solicit proposal from Jaspers & Streefland. 2. Solicit proposals from firms other than Jaspers & Streefland. Recommendation The recommendation is to change auditors due to the number of years that the same person has done the audit and to get a fresh look at the operation of the city. This is not a negative reflection on the services provided by the current audit firm which is very responsive and cooperative with city staff. Some cities routinely change auditor every three or five years. Many of the larger audit firms rotate auditors on specific jobs to achieve the "fresh look" . However, in recognition of Council action over the past nine years, the action drafted below is consistent with past Council action. Action Move to solicit a proposal from Jaspers, Streefland & Company for fiscal year 1992 audit services. Oi\iSENT 1 tj MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Shakopee Bypass Mn/DOT Agreement No. 67798 Regarding Drainage Easements DATE: June 30, 1992 INTRODUCTION: Attached is Mn/DOT Agreement No. 67798 regarding thee purchase of drainage easements for the Shakopee Bypass. BACKGROUND: Several years ago the City of Shakopee signed a Memorandum of Understanding with Mn/DOT covering the construction of the Shakopee Bypass and associated drainage facilities such as the Upper Valley Drainage Channel and connector ditches/storm sewers from the Bypass. This Memorandum indicated which entity would be responsible for the design, construction and right-of-way/easement acquisition for each phase of the project. The construction of the drainage facilities will be shared by both the City and Mn/DOT since runoff will be generated by both the Bypass and the adjacent lands. The cost sharing arrangement for the construction costs will be calculated based on the percent of runoff generated by each entity, but in general it will be approximately a 50-50 split between Mn/DOT and the City for the Upper Valley Channel and 6 connecting ditches/storm sewers from the Bypass. The Memorandum also indicates that Mn/DOT will acquire the right- of-way/easements and own all drainage facilities within the Bypass corridor, but that the City will own all drainage facilities outside the corridor. This is fairly typical of trunk highways and is currently the arrangement for all existing highways in Shakopee. Because Mn/DOT is acquiring the majority of the easements for their highway purposes, it was agreed that they would also purchase the easements for all the drainage facilities, even the ones that would eventually be owned by the City (i.e. Upper Valley Channel) . This would eliminate the need for property owners to negotiate the sale of easements to both the City and Mn/DOT. The City did indicate to Mn/DOT in the Memorandum that the City would reimburse Mn/DOT for any easement acquisitions for eventual City facilities. Attached is the first formal agreement between the City and Mn/DOT regarding the acquisition of easements. The City Attorney has reviewed and approved of this document. Staff is now requesting authorization to execute the agreement and submit it to Mn/DOT. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the agreement. 2 . Deny the request. 3 . Table the request for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to direct the appropriate City officials to execute the attached Mn/DOT Agreement No. 67798 regarding the purchase of drainage easements associated with the Shakopee Bypass. DH/pmp MEM67798 S.P. 7005 (f.H. 101) 901 Shakopee Bypass AGREEMENT NO. 67798 This Agreement made this day of , 19 , by and between the MINNESOTA DEPARTMENT OF TRANSPORTATION, hereinafter referred to herein as "Mn/DOT' and the City of Shakopee, hereinafter referred to herein as the "City". WITNESSETH: WHEREAS: The Commissioner of Transportation, pursuant to Minnesota Statutes, Section 161.20, has determined that it is necessary to acquire title in fee simple absolute for trunk highway purposes and a temporary construction easement over those lands situated in Scott County, as indicated in the colors red and yellow on the map attached hereto and designated as Exhibit "A' and made a part hereof. Said lands to be used in connection with construction of Trunk Highway No. 101 and the intersection with Ditch No. 4. WHEREAS: The City of Shakopee Engineer has determined that it is necessary to acquire drainage easement for highway purposes and a temporary construction easement over those lands situated in Scott County, as indicated in the colors red and yellow on the maps attached hereto and designated as Exhibits "A" and made a part hereof. Said land to be used in connection with construction of Ditch No. 4. NOW, THEREFORE, In consideration of the benefits to accrue to both parties to this Agreement, Mn/DOT and the City agree as follows: Page 1 of 6 Mn/DOT shall initiate and carry to completion the acquisition of those tracts of land hereinafter described in Sections II and III of this Agreement. For purpose of acquisition, the said lands shall comprise of two parcels and shall be acquired in the name of the State of Minnesota. Also, for purpose of acquisition, the tracts will be designated as Parcels 56 and 57A, S.P. 7005 (T.H. 101) 901. II. Mn/DOT has determined that it is necessary to acquire for trunk highway purposes the land indicated in the colors red and yellow on the map attached hereto, said map marked Exhibit A, and made a part hereof. III. The City has determined that it is necessary to acquire for highway purposes the land indicated in the colors red and yellow on the map attached hereto, said map marked Exhibit A, and made a part hereof. IV. Mn/DOT shall endeavor to acquire the land described in Section II and III of this Agreement by direct purchase with the acquisition cost to be paid by Mn/DOT out of the State's trunk highway fund. In the event said property cannot be acquired by direct purchase, Mn/DOT shall initiate and carry to completion in the name of the State, proceedings in eminent domain pursuant to Minnesota Statutes, Chapter 117 for the acquisition of those lands described in both Sections II and III. The parties hereto agree that, regardless of whether the property is acquired by direct purchase or by eminent domain, the City shall pay Mn/DOT 100% of total acquisition costs set out in Section V of this Agreement, of the acquisition costs per parcel. V. The amount of acquisition costs to be paid for by the City is 100%. This amount is nc estimated in the range of$ ( 3, 7 co -- to $ O rev Page 2 of 6 The amount is based on Mn/DOT's certified appraisals and legal description, with the City paying for lands only. (No Buildings). VI. When the total amount to be paid for the lands, whether acquired by direct purchase or eminent domain, has been determined and Mn/DOT has made payment to the person or persons entitled thereto, Mn/DOT shall give written notice thereof to the City together with a statement of the amount paid. The City shall then pay to Mn/DOT within 60 days of said written notice for deposit in the trunk highway fund the total acquisition costs as set out in Section V of this Agreement. In the event that the subject property is acquired by eminent domain, the payment to be made by the City shall include the interest and costs payable as a result of the eminent domain proceeding, in the same amount as set out in Section V. • VII. Mn/DOT, through the State Attorney General's Office and through its Commissioner of Transportation shall prepare and prosecute said eminent domain proceedings to completion with such assistance as shall reasonably be required from time to time to be furnished by the City, as set out in Section VIII. VIII. The City shall undertake to furnish such assistance as shall be reasonably necessary in the opinion of the Attorney General in the way of providing survey plans, exhibits, and witnesses necessary for the preparation of or for use at any hearings to be held in said eminent domain proceedings, and the City shall place at the disposal of Mn/DOT and the State Attorney General such engineering and legal assistance regarding issues pertaining to the City as may reasonably be required. IX. It is the intent of the parties that if eminent domain proceedings are necessary to acquire the property included in this Agreement, Mn/DOT shall give to the City prompt and full notice of all proceedings to be held before the Commissioners appointed by the Court, and if an appeal is taken from the award filed by said Commissioners, prompt and full notice shall be given to the City as to trial on the appeal of the award. Page 3 of 6 X. Upon completion of the acquisition of the parcels and upon completion of the project and payment of the amount owed by the City to Mn/DOT pursuant to this Agreement, the City shall have the permanent right to enter onto drainage system for maintenance purposes over the land as herein agreed. IN WITNESS WHEREOF, the parties hereto be set their hands on the day and year as hereinafter indicated. MINNESOTA ATTORNEY GENERAL Recommended by: Approved as to form: District Engineer Special Assistant Attorney General Director, Right of Way and Surveys Page 4 of 6 CITY OF SHAKOPEE Attest: By City Clerk Mayor Dated: Dated: RECOMMENDED FOR APPROVAL: And City Administrator By Director-Dept. of Transportation Dated: Dated: Upon proper execution, this agreement will be legally valid and binding. APPROVED AS TO EXECUTION: /, By By <LILLQ.._/-70 Assistant County Attorney City Attorney Dated: Dated: f�.A - Page 5 of 6 STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION By: Commissioner Date: DEPARTMENT OF ADMINISTRATION Date: DEPARTMENT OF FINANCE Approved as to execution: Date: Special Assistant Attorney General R5695 D.pp Page 6 of 6 AME1-\) \ t/3 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Street Foreman Position Classification - Resolution No. 3617 Amending the 1992 Pay Plan DATE: June 30, 1992 INTRODUCTION: During the preparation of the City of Shakopee' s position in regard to the Public Works labor negotiations, it became apparent that it would be in the best interest of the City of Shakopee to exclude the Street Foreman from the Union. BACKGROUND: The Public Works Union Local No. 320 has agreed to excluding the Street Foreman from their bargaining unit. Therefore, it would be appropriate at this time to amend the 1992 Pay Plan to include the Public Works Foreman employment classification. It would also be appropriate to appoint a person to fill the position. The 1991 top step pay rate for the Street Superintendent position was $30, 617 . 60 annually. Reviewing the pay equity analysis that was completed by the City' s labor consultant prior to the adoption of the 1992 Pay Plan, it appears that the proper top step for the position in question would be $34 , 861. 80 . Staff is also proposing that the position in question be classified as non-exempt. Mr. Harry Pass, formerly occupied the Street Foreman position. Staff believes that Mr. Pass should be appointed to fill the Public Works Foreman position. Mr. Pass has been serving in this capacity since January when the City consolidated the Public Works Department into two primary position classifications; Maintenance Worker and Mechanic. In terms of wage rate, staff is recommending that Mr. Pass be placed at the top step of Public Works Foreman classification effective July 1, 1992 . It would be appropriate at this time for Council to adopt Resolution No. 3617 Amending the 1992 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee thereby creating the new Public Works Foreman position classification. ALTERNATIVES: PAY PLAN 1. Offer Resolution No. 3617 , A Resolution Amending Resolution No. 3525 Adopting the 1992 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee. 2 . Do not approve Resolution No. 3617 , A Resolution Amending Resolution No. 3525 Adopting the 1992 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee. 3 . Table action pending further information from staff. APPOINTMENT TO FILL POSITION 1. Appoint Mr. Harry Pass to fill the Public Works Foreman position classification at Step 4 of the 1992 Pay Plan effective July 1, 1992 . 2 . Appoint Mr. Harry Pass to fill the Public Works Foreman position classification at Step 4 of the 1992 Pay Schedule retroactive to January 1, 1992. 3 . Appoint Mr. Harry Pass to fill the Public Works Foreman position classification at Step 3 of the 1992 Pay Schedule retroactive to January 1, 1992 with a step increase scheduled for July 1, 1992. 4. Table action pending further information from staff. ACTION REOUESTED: PAY PLAN Offer Resolution No. 3617, A Resolution Amending Resolution No. 3525 Adopting the 1992 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee, and move its adoption. APPOINTMENT TO FILL POSITION Appoint Mr. Harry Pass to fill the Public Works Foreman position classification at Step 4 of the 1992 Pay Plan effective July 1, 1992 . RESOLUTION NO. 3617 A RESOLUTION AMENDING RESOLUTION NO. 3525, ADOPTING THE 1992 PAY SCHEDULE FOR THE OFFICERS AND NON UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, on January 21, 1992 , the Shakopee City Council adopted Resolution No. 3525 approving the 1992 Pay Schedule for the Officers and Non Union Employees of the City of Shakopee; and WHEREAS, certain conditions and circumstances have changed to make it desirous to amend the 1992 Pay Schedule for the Officers and Non Union Employees of the City of Shakopee at this time. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that the Public Works Foreman position classification is hereby added to the Pay Schedule for the Officers and Non Union Employees of the City of Shakopee at the following pay steps: Step I Step II Step III Step IV 75% 80% 90% 100% $27, 889 $29, 050 $31, 692 $34, 861 Adopted in Adjourned Regular Session 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 CONSENT l3 e . MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Public Works Supervisor Position Classification - Resolution No. 3617 Amending the 1992 Pay Plan DATE: June 30, 1992 INTRODUCTION: During the preparation of the City of Shakopee ' s position in regard to the Public Works labor negotiations, it became apparent that it would be in the best interest of the City of Shakopee to exclude the Public Works Supervisor from the Union. BACKGROUND: The Public Works Union Local No. 320 has not objected to excluding the Public Works supervisor from their bargaining unit. Therefore, it would be appropriate at this time to amend the 1992 Pay Plan to include the Public Works Supervisor employment classification. It would also be appropriate to appoint a person to fill the position. The 1991 top step pay rate for the Public Works Foreperson position was $30, 617 . 60 annually. Reviewing the pay equity analysis that was completed by the City' s labor consultant prior to the adoption of the 1992 Pay Plan, it appears that the proper top step for the position in question would be $34 , 861. 80. Staff is also proposing that the position in question be classified as non-exempt. Mr. Harry Pass, formerly occupied Public Works Foreperson position. Staff believes that Mr. Pass should be appointed to fill the public Works Supervisor position. Mr. Pass has been serving in this capacity since January when the City consolidated the Public Works Department into two primary position classifications; Maintenance Worker and Mechanic. In terms of wage rate, staff is recommending that Mr. Pass be placed at the top step of Public Works Supervisor classification effective July 1, 1992 . It would be appropriate at this time for Council to adopt Resolution No. 3617 Amending the 1992 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee thereby creating the new Public Works Supervisor position classification. ALTERNATIVES: PAY PLAN 1. Offer Resolution No. 3617 , A Resolution Amending Resolution No. 3525 Adopting the 1992 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee. 2 . Do not approve Resolution No. 3617 , A Resolution Amending Resolution No. 3525 Adopting the 1992 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee. 3 . Table action pending further information from staff. APPOINTMENT TO FILL POSITION 1. Appoint Mr. Harry Pass to fill the Public Works Supervisor position classification at Step 4 of the 1992 Pay Plan effective July 1, 1992. 2 . Appoint Mr. Harry Pass to fill the Public Works Supervisor position classification at Step 4 of the 1992 Pay Schedule retroactive to January 1, 1992 . 3 . Appoint Mr. Harry Pass to fill the Public Works Supervisor position classification at Step 3 of the 1992 Pay Schedule retroactive to January 1, 1992 with a step increase scheduled for July 1, 1992 . 4 . Table action pending further information from staff. ACTION REQUESTED: PAY PLAN Offer Resolution No. 3617, A Resolution Amending Resolution No. 3525 Adopting the 1992 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee, and move its adoption. APPOINTMENT TO FILL POSITION Appoint Mr. Harry Pass to fill the Public Works Supervisor position classification at Step 4 of the 1992 Pay Plan effective July 1, 1992 . RESOLUTION NO. 3617 A RESOLUTION AMENDING RESOLUTION NO. 3525, ADOPTING THE 1992 PAY SCHEDULE FOR THE OFFICERS AND NON UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, on January 21, 1992 , the Shakopee City Council adopted Resolution No. 3525 approving the 1992 Pay Schedule for the Officers and Non Union Employees of the City of Shakopee; and WHEREAS, certain conditions and circumstances have changed to make it desirous to amend the 1992 Pay Schedule for the Officers and Non Union Employees of the City of Shakopee at this time. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that the Public Works Supervisor position classification is hereby added to the Pay Schedule for the Officers and Non Union Employees of the City of Shakopee at the following pay steps: Step I Step II Step III Step IV 75% 80% 90% 100% $27, 889 $29 , 050 $31, 692 $34 , 861 Adopted in Adjourned Regular Session 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 MEMO TO: Dennis Kraft, City Administrator i SUBJECT.• FoothlFROM: Dave Hutton, Public Works Director r Foothill Trail (\' ) DATE: June 30, 1992 INTRODUCTION: Staff is requesting authorization to expend funds from the Storm Sewer Utility to correct a drainage problem near Foothill Trail and Horizon Drive. BACKGROUND: In 1991 staff was notified by the area residents that there was a serious drainage problem in the vicinity of Foothill Trail and Horizon Drive. Runoff traveling down Horizon Drive leaves the street right-of-way and cuts across private property flooding out several backyards and a large portion of vacant agricultural land along Foothill Trail. There is also a culvert crossing Horizon Drive that does not function properly. Horizon Drive and Foothill Trail were constructed in 1977 as part of Horizon Heights 2nd and 3rd Additions. The streets are paved, but there is no curb and gutter outside of a small bituminous curb which does very little to control the street runoff. Normally if a street does not have curb & gutter, ditch sections are constructed along the right-of-way to control the runoff. It does not appear that adequate ditch sections were ever constructed along this road. The extent of the drainage problem became further evidenced 2 weeks ago when a portion of Horizon Drive collapsed due to water getting under the pavement. Staff is proposing to construct ditches and some storm sewer pipe/culverts to correct the problem. A drainage system has been designed and staff is proposing to bid this project in conjunction with the Apgar Street Project to obtain the lowest possible bid price. An engineer' s estimate on the project has been prepared now that the hydraulic design is completed and the size of pipe determined. The estimated costs are approximately $60, 000 . 00. Based on the extent of the problem, staff feels that the project should be completed, even if the costs are high. The design has been modified several times to reduce the costs. One of the main reasons the costs are higher is that due to the flat grade there is inadequate cover to install a standard pipe and therefore an arch pipe is being used which increases the cost estimate by approximately $10, 000. 00. The main issue is the funding options available for this project. ALTERNATIVES: Staff has identified 3 funding alternatives for this project, as follows: 1. The Storm Sewer Utility Fund 2. Capital Improvement Fund 3 . Combination of Special Assessments/General Fund. RECOMMENDATION: Staff does not feel that this project can be assessed. A majority of the drainage problem is located on vacant property (agriculture) and City street right-of-way. The majority of the runoff is being created by the street. There are 3 single family homes along Foothill Trail that are affected by this project, but staff does not believe the properties would be able to withstand the assessments. Given the choice between the Capital Improvement Fund and the Storm Sewer Utility Fund, staff recommends the latter. Staff feels that this is exactly why the Storm Sewer Utility was created to fund drainage issues that are non-assessable. The 1992 budget indicates that this fund has a 1991 balance of approximately $1.2 million, which is expected to grow to $1. 6 million during 1992. ACTION REQUESTED: Move to authorize staff to construct drainage improvements at Foothill Trail and Horizon Drive at a cost not to exceed $60, 000.00 utilizing the Storm Sewer Utility Fund. DH/pmp FOOTHILL MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Labor Agreement - Public Works Local #320 DATE: June 30, 1992 INTRODUCTION: This past month, the Shakopee Public Works Department Employees accepted the terms and conditions for a new Labor Agreement between the City of Shakopee and Minnesota Teamster' s Public and Law Enforcement Employees, Local #320 - Public Works. The new duration of the agreement is two years effective January 1, 1992 through December 31, 1993 . BACKGROUND: Attached is the proposed Labor Agreement between the City of Shakopee Minnesota Teamster' s Public and Law Enforcement Employees, Local #320 - Public Works. The agreement has been accepted by the union membership. One of the primary differences between this agreement and previous Public Works Labor Agreements is that we will no longer have several different employment classifications. The proposed agreement simply establishes a Maintenance Worker and Mechanic classification. The proposed agreement also provides for employee performance bonuses if performance is determined to be above average upon completion of a annual performance evaluation by the Public Works Director. Wages for calendar year 1993 reflect a 2 1/2 increase over the 1992 base rates. The Labor Agreement has been reviewed and approved by the City' s Labor Consultant. Staff is recommending that the appropriate City officials be authorized to execute the Labor Agreement accordingly. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the Labor Agreement between the City of Shakopee and Minnesota Teamster ' s Public and Law Enforcement Employees, Local #320 - Public Works. 2 . Do not authorize the appropriate City officials to execute the Labor Agreement between the City of Shakopee and Minnesota Teamster' s Public and Law Enforcement Employees, Local #320 - Public Works. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Authorize the appropriate City officials to execute the Labor Agreement between the City of Shakopee and Minnesota Teamster' s Public and Law Enforcement Employees, Local #320 - Public Works effective January 1, 1992 through December 31, 1993 . TAMI\ADMIN\LABOR BAS/tiv LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 Public Works Effective January 1, 1992 through December 31, 1993 INDEX Page ARTICLE I. PURPOSE OF AGREEMENT 1 ARTICLE II. RECOGNITION 1 ARTICLE III. DEFINITIONS 1 ARTICLE IV. EMPLOYER SECURITY 2 ARTICLE V. EMPLOYER AUTHORITY 3 ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE 3 ARTICLE VII. UNION SECURITY 5 ARTICLE VIII. SAVINGS CLAUSE 6 ARTICLE IX. WORK SCHEDULE 6 ARTICLE X. OVERTIME 7 ARTICLE XI. CALL BACK 7 ARTICLE XII. LEGAL DEFENSE 7 ARTICLE XIII. SUBCONTRACTING WORK 7 ARTICLE XIV. DISCIPLINE 7 ARTICLE XV. SENIORITY 7 ARTICLE XVI. PROBATIONARY PERIODS 7 ARTICLE XVII. SAFETY 8 ARTICLE XVIII. JOB POSTING 8 ARTICLE XIX. INSURANCE 8 ARTICLE XX. HOLIDAYS 9 ARTICLE XXI. VACATIONS 9 ARTICLE XXII. SICK LEAVE 9 ARTICLE XXIII. SEVERANCE PAY 10 ARTICLE XXIV. INJURY ON DUTY 10 ARTICLE XXV. COVERALLS/UNIFORMS 10 ARTICLE XXVI. REPLACEMENT 10 ARTICLE XXVII. WAGES 10 ARTICLE XXVIII. WAIVER 10 ARTICLE XXIX. DURATION 11 APPENDIX A. WAGES 12 APPENDIX B. WAGES 13 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 ARTICLE I. PURPOSE OF AGREEMENT This Agreement is entered into between the City of Shakopee, hereinafter called the Employer, and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union, the intent and purpose of this Agreement is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; 1.3 Specify the full and complete understanding of the parties, and; 1.4 Place in written form, the parties agreement, upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE II. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subd. 14 in an appropriate bargaining unit consisting of the following job classifications: Mechanic Maintenance Worker ARTICLE III. DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.2 EMPLOYER: The City of Shakopee 3.3 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 1 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowance. 3.6 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 3.7 OVERTIME: Effective July 1, 1992 overtime shall be defined as follows: Work performed at the express authorization of the Employer in excess of forty (40) hours within a seven (7) day period. 3.8 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 3.9 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. ARTICLE IV. EMPLOYER SECURITY 4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with, the normal functions of the Employer. 4.2 Any employee who engages in a strike may have his/her appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of his work assignment without permission, or who abstains wholly or in part from the full performance of his duties without permission from his Employer on the date or dates when a strike occurs is prima facia presumed to have engaged in a strike on such date or dates. 4.4 An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed or re-employed, but the employee shall be on probation for two years with respect to such civil service status, tenure of employment, or contract of employment, as he/she may have therefore been entitled. 4.5 No employee shall be entitled to any daily pay, wages or per diem for the days on which he/she engaged in a strike. 2 ARTICLE V. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 Union Representatives. The employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union Representatives and of their successors when so designated, as provided by Section 6.2 of this Agreement. 6.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided, is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union Representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.4 Procedure. Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure. Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty- one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or 3 provisions of the Agreement allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union, within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days following the Employer- designated representative's final Step 2 answer shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step.3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Public Employment Relations Board. 6.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms of this Agreement. The arbitrator shall consider and decide only the specific issue (s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The Arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the 4 arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, providing that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered 'waived'. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof, within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union, in each step. 6.7 Choice of Remedy. If, as a result of the written Employer response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to either Step 4 of Article VI or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 of Article VI, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VI. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VI or another appeal procedure, and sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VI. ARTICLE VII. UNION SECURITY In recognition of the Union as the exclusive representative, the Employer shall: 7.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the Wages of all employees authorizing in writing such deduction or a 'fair share' deduction, as provided in Minnesota State Statute 179.65, Subd. 2, if the employee elects not to become a member of the Union. 7.2 Remit such deduction to the appropriate designated officer of the Union. 7.3 The Union may designate certain employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 7.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, judgments brought or issued against the 5 Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE VIII. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Shakopee. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the written request of either party. ARTICLE IX. WORK SCHEDULES 9.1 The sole authority in work schedules is the Employer. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours, Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal 7:30-4:00 day. The Employer will give advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless circumstances prevent him from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE X. OVERTIME 10.1 Overtime, as defined in 3.7 will be compensated at the rate of time and one-half (1 1/2) and will be paid in cash or in compensatory time off, as determined by the City Administrator. 10.2 Overtime shall be distributed as equally as practicable by an established seniority list for the department used as a rotating overtime call list. Overtime refused by an employee will, for record purposes, be considered as unpaid overtime work. No prior notice is required for overtime because much of it is of a 'call out' nature requiring immediate response. Employees contacted under the above policy to work overtime, but refusing it because of illness, will not be recorded as worked. Also, employees who would be contacted but are on vacation will not be recorded as having worked when called for overtime work. 6 10.3 Overtime refused by employees will, for record purposes under Article 10.2, be considered as unpaid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 10.5 The employees will be compensated at the rate of time and one-half (1 1/2) for so working. ARTICLE XI. CALL BACK TIME An employee who is called in for work at a time other than his normal scheduled shift will be compensated for a minimum of two (2) hours at the rate of time and one-half and will be paid in cash or in compensatory time-off, as determined by the City Administrator. ARTICLE XII. LEGAL DEFENSE 12.1 Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 12.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his employment, when such act is performed in good faith and under direct order of his supervisors, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XIII. SUBCONTRACTING WORK Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement. ARTICLE XIV. DISCIPLINE The Employer will discipline employees only for just cause. ARTICLE XV. SENIORITY Seniority will be the determining criterion for transfers, promotions and lay-offs only when all other qualification factors are equal. ARTICLE XVI. PROBATIONARY PERIODS 16.1 All newly hired or rehired employees will serve a six (6) month probationary period. 16.2 Laborers (Street and Parks) will serve a one (1) year probationary period from date of hire. After one (1) year, they will move into the job classification of Maintenance Man (street and parks) and serve a probationary period as per Section 16.3. 7 16.3 All employees will serve a six (6) months' probationary period in any classification in which the employee has not served a probationary period. 16.4 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the Employer. 16.5 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer. ARTICLE XVII. SAFETY The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE XVIII. JOB POSTING 18.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided the applicants: a. Have the necessary qualifications to meet the standards of the job vacancy; and b. Have the ability to perform the duties and responsibilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article XVI. Probationary Periods. 18.3 The Employer has the right to final decision in the selection of employees to fill posted jobs based on qualifications, abilities, and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XIX. INSURANCE Effective January 1, 1990 the Employer shall contribute up to two hundred forty- five dollars ($245.00) per month per employee toward health, life and long-term disability insurance. Effective January 1, 1991 the Employer shall contribute up to two hundred fifty dollars ($250.00) per month per employee toward health, life and long-term disability insurance. Effective January 1, 1992 the Employer shall contribute up to two hundred sixty- five dollars ($265.00) per month per employee toward health, life and long-term disability insurance. 8 ARTICLE XX. HOLIDAYS The Employer will provide the following ten (10) paid holidays: January 1 1st Monday in September 3rd Monday in February 2nd Monday in October Friday before Easter Veteran's Day, November 11th Last Monday in May 4th Thursday in November July 4th December 25th In addition to the above 10 paid holidays, each employee may take one floating holiday to be taken at the request of the employee and approved by the Employer. Said floating holiday is to taken as a holiday during the current year and cannot be carried over to the next year. ARTICLE XXI. VACATIONS Vacation leave shall be earned by the employee at the following rate: 0 - 5 years of employment 10 days 6 - 15 years of employment 15 days 16-20 years of employment 20 days 21 & over years of employment 1 additional day per year up to 25 days at 25 years No more than the amount of vacation leave earned in a calendar year can be carried beyond December 31st into a new calendar year, except in emergencies and exceptional cases to be determined by the City Administrator. An employee who is separated for any reason shall be paid for any accumulated vacation leave, provided however, that should an employee resign without giving two (2) weeks written notice, and except for reasons of ill health, he shall forfeit his right to all accumulated vacation leave. ARTICLE XXII. SICK LEAVE An employee shall accumulate sick leave at the rate of eight (8) hours per month. Sick leave may accrue at the rate of twelve (12) days per year to a maximum of nine hundred and sixty (960) hours. 9 ARTICLE XXIII. SEVERANCE PAY An employee who was a full time employee of the City before January 1, 1980 or who has completed five (5) full years of full time employment with the City of Shakopee and who is separated from his position by retirement, discharge, or resignation shall receive a lump sum payment, an amount to equal one-third the value of all accumulated sick leave calculated on the basis of his current salary or wage scale, provided that should any employee resign without giving two weeks written notice, except for reasons of ill health, he shall forfeit his right to all accumulated sick leave. ARTICLE XXIV. INJURY ON DUTY Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed twenty-five (25) working days, in accordance with guidelines set forth in M.S. 176.021, Subd. 5. ARTICLE XXV. COVERALLS/UNIFORMS The City of Shakopee shall provide one (1) set of coveralls as needed for each Street and Park employee as determined by the City Administrator. For the duration of this agreement the City of Shakopee will pay 100% of the cost of weekly uniform rental for five (5) uniforms in, five (5) out, one (1) on the shelf and two (2) jackets for the City Mechanic. The City of Shakopee will also pay 100% of the cost of weekly uniform rental for maintenance workers to include three (3) uniforms in, three (3) uniforms out, one (1) on the shelf and two (2) jackets. ARTICLE XXVI. REPLACEMENT The Employer shall provide reimbursement/replacement of personal property such as glasses when accidentally damaged while on duty. Employee must submit a written claim within a reasonably prompt time after the incident. Such claim must be verified by the Supervisor. ARTICLE XXVII. WAGES See Appendix A & B. ARTICLE XXVIII. WAIVER 28.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superceded. 28.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of 10 employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate, regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. ARTICLE XXIX. DURATION This Agreement shall be effective as of January 1, 1992 and shall remain in full force and effect until December 31, 1993 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 19_. FOR THE CITY OF SHAKOPEE FOR MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 Mayor Union Steward City Administrator Local 320 Representative City Clerk 11 APPENDIX A Salary and Benefit Schedule for Local No. 320 for 1992. 1992 PAY SCHEDULE #1 #2 #3 #4 Start Start Start Start 1yr. 3 yrs 5 yrs Bonus Maintenance Worker $11.30 $11.98 $12.70 $13.47 .50/hr Mechanic $11.40 $12.08 $12.81 $13.58 .60/hr Acting Foreman Assign. .60/hr Beginning January 1, 1992 employees formerly classified as Parkkeepers, Light Equipment Operators and Heavy Equipment Operators shall be placed at Step #4 of the Maintenance Worker Classification. The former Park Leadman position classification shall be placed at Step #4 of the Maintenance Worker Classification and shall be frozen at the 1989 Park Leadman base pay rate for 1992. The starting salary through the fifth year (Steps One through Four) are based on years of service, demonstrated skill levels and satisfactory performance. Employees classified as Maintenance Workers and Mechanic at Step #4 of the Wage Schedule are eligible to receive a bonus if their performance is determined to be above average upon completion of the annual performance evaluation. The Employer shall establish the criteria to be analyzed in said evaluations. Employees receiving this bonus may be returned to the base salary level for the position if their performance does not continue at an above average level. Performance evaluation shall be completed within 30 days from the signing of the contract. Employees eligible for performance bonuses shall receive them retroactive to the first payroll period in 1992. Employees in the Maintenance Worker classification shall be paid $.50/hr for the last three months of the payroll period in 1992 to compensate for the operation of all designated Heavy Equipment. Employees classified as Mechanic shall be paid $.60/hr for the last three months of the payroll period in 1992 to compensate for periodic administrative duties and operation of heavy equipment. Employees assigned by the Employer as acting Foreperson shall be compensated $.60/hr above the Maintenance Worker top step position for the time they are assigned to that position. There shall be a two hour minimum. The position shall be assigned at the sole discretion of the Employer. 12 APPENDIX B Effective January 1, 1993 the base pay rates for Maintenance Worker and Mechanic shall be increased by two and one-half percent (2 1/2%) . See table below. 1993 PAY SCHEDULE #1 #2 #3 #4 Start Start Start Start 1 vr• 3 vrs S vrs Bonus Maintenance Worker $11.58 $12.28 $13.02 $13.81 .50/hr Mechanic $11.69 $12.38 $13.13 $13.92 .60/hr Acting Foreman Assign. .60/hr 13 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Shakopee Derby Days DATE: June 30, 1992 INTRODUCTION: The 1992 Derby Days Celebration is rapidly approaching. Each year the Derby Days Committee submits a request to City Council for assistance in several areas. BACKGROUND: The 1992 Derby Days Celebration will be scaled back somewhat from previous years. In an effort to cut costs, this years celebration will be held primarily on Saturday, August 8th. The vast majority of the celebration activities will again be held at Lion' s Park. This year the Derby Days Committee would like to add one new event that will certainly enhance our celebration. The event is called Taste of Shakopee. We are proposing to hold the event in the 2nd Avenue parking lot on Thursday, August 6th between 5: 30 p.m. and 9 : 00 p.m. The event will feature local restaurants and will be comparable to the Taste of Minnesota Celebration only on a much smaller scale. We have discussed utilizing the parking lot with many of the business owners who are adjacent to the lot. They have voiced no opposition to utilizing the lot during this time period. In fact many of the business owners support the concept since it will draw people downtown during the Annual Sidewalk Sale. In order to make the Taste of Shakopee Celebration and Sidewalk Sale permissible from a City Code standpoint, it will be necessary for City Council to pass a motion approving the sale of goods on City property. Currently, Section 7 . 08 of the Shakopee City Code allows for the sale of goods upon public property with City Council approval. Therefore, the Derby Days Committee would like to request City Council to approve the sale of goods on City property for the Taste of Shakopee, food and refreshment vendors at Lion' s Park, and crafts vendors, and downtown business merchants during the Derby Days Celebration. In order to provide a secure and safe venue for the Derby Days Celebration, the Derby Days Committee would also like to request City Council to consider authorizing the use of City Public Works Maintenance crews to assist in preparing the site for the celebration and clean-up following the celebration. The tasks are fairly routine and have been preformed by the City Public Works Maintenance crews in the past. The Derby Days 5k River Run will also be held this year on the evening of Thursday, August 6th. The proposed starting line is the corner of Levee Drive and Lewis Street. Since all participants start at once, a large area is needed to insure safety. Therefore, the Derby Days Committee would like to request permission to block off Levee Drive between Lewis and Atwood Street for approximately 30 minutes to facilitate the start of the 5k. In summary, the Derby Days Committee is requesting City assistance in the following areas: 1. Permission for the sale of goods on public property. 2 . Permission to utilize Public Works Maintenance Crews to assist in preparing for the celebration and to assist in clean-up following the event. 3 . Permission to block off Levee Drive between Lewis and Atwood Streets on Thursday, August 6th, 1992 between 5: 30 p.m. and 6: 00 p.m. 4 . Permission to close off the 2nd Avenue parking lot between 4 : 30 p.m. and 9 : 00 p.m. ALTERNATIVES: 1. Move to approve the assistance requests as submitted by the Shakopee Derby Days Committee for the 1992 Derby Days Celebration. 2 . Do not approve the request for assistance as submitted by the Shakopee Derby Days Committee for the 1992 Derby Days Celebration. 3 . Select those activities in which City agrees to provide assistance for the proposed 1992 Derby Days Celebration. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move to approve the 1992 Derby Days Committee request for City assistance granting permission for the following: 1. Permission for the sale of goods on public property including downtown sidewalks, Lion's Park and the 2nd Avenue parking lot. 2 . Permission to utilize Public Works Maintenance Crews to assist in preparing for the celebration and to assist in clean-up following the event. 3 . Permission to block off Levee Drive between Lewis and Atwood Streets on Thursday, August 6th, 1992 between 5 : 30 and 6 : 00 p.m. and the 2nd Avenue parking lot between 5 : 00 p.m. and 8 : 30 p.m. on the same date. 4 . Permission to close off 2nd Avenue parking lot between 4 : 30 p.m. and 9 : 00 p.m. on Thursday, August 6, 1992 . TAMI\ADMIN\DDREQUEST BAS/tiv O SE MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Derby Days - Shakopee Eagle Contribution - Res. No. 3616 DATE: June 24 , 1992 INTRODUCTION: Last fall the Shakopee Eagles contributed $800. 00 in pull tab funding to the City of Shakopee to be utilized to promote the 1992 Derby Days Celebration. BACKGROUND: The use of pull tab revenues is strictly governed by the State of Minnesota. In order for the Shakopee Eagles to contribute dollars to the Derby Days Celebration it became necessary to direct the proceeds to the City of Shakopee since the Chamber of Commerce is not a legal recipient of pull tab funds. The use of the pull tab funding by the City of Shakopee is also strictly regulated. It appears that the pull tab funding offered by the Shakopee Eagles can only be allocated to marketing expenses associated with the Derby Days Celebration. BACKGROUND: In order to direct greater attention to this years Derby Days Celebration, the Shakopee Derby Days Committee would like to utilize the funding that was contributed by the Shakopee Eagles to construct directional signs. The signs would be approximately 2 feet high and 3 feet wide and would simply say "Shakopee Derby Days" with a directional arrow. The Committee would also like to have a 4 foot by 8 foot banner constructed that could be placed at the Chamber of Commerce office to inform residents of our upcoming celebration. The Derby Days Committee has received several cost quotations and believes that twenty signs can be constructed and a 4 ' x 8 ' banner at a cost not to exceed $800. 00. The Derby Days Committee would like to request City Council to consider allocating the $800. 00 contributed by the Shakopee Eagles to offset these costs accordingly. When the Eagles contribution was received last fall it was deposited in the General Fund and was carried into 1992 as Fund Balance. It was not budgeted in any of the department budgets as an expense for 1992 . Therefore, in order to effectuate this transaction, it will be necessary to amend the 1992 budget by $800 . 00. Staff would therefore recommend that the appropriate City officials execute Resolution No. 3616, A Resolution Amending the 1992 Budget Increasing the Administration Budget By $800. 00 to be Funded by a Draw Down of Fund Balance. ALTERNATIVES: 1. Authorize the appropriate City officials to execute Resolution No. 3616 amending the 1992 Administration Budget in the amount of $800. 00 with the funds to be used to offset marketing costs associated with the 1992 Derby Days Celebration. 2 . Do not proceed with a budget amendment at this time. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: 1. Offer Resolution No. 3616 amending the 1992 Administration Budget in the amount of $800. 00. 2 . Move to approve the use of the Eagles $800. 00 to offset marketing costs associated with the 1992 Derby Days Celebration. BAS/tiv TAMI\ADMIN\DD$800 RESOLUTION NO. 3616 A RESOLUTION AMENDING RESOLUTION 3496 ADOPTING THE 1992 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are changed as follows: Fund Division Account Amount General Admin. Promotions $800.00 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 13J CONcNT 1992 is early in the year and there are no anticipated "budget versus actual expenditure" problems at this point. There is a check on the list made out to ISD 720 in the amount of $175, 906 for the TIF generated by the school referendum. The agreement between the City and ISD 720 providing for this payment was passed a number of years ago and has clauses that are cumbersome and outdated. ISD 720 has been requested to draft a new agreement because their attorneys drafted the original agreement. City staff has not seen a new agreement at this point. It is anticipated that the amount of the payment to ISD 720 would not change because of the new agreement. 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O\O\ON ON O\ ON ON ON O\ ON ON O\ ON 0\O\ ON N N I--, H H H O O O O O O O O O O O N N N H 0 \O OD -4 ON vi - w N N N N x O • _ r+ x C 'v = ro x C) _ _ _ C-' < b (D C) • A 0 �10 IN.) (On (CD 0 C) )-4) W C) O N 0 0) A) c+ (Co 0 rn m' 0 0 W 11 en 'ci 0 0 (1D O 'i 't7 c+ Cl) (D C) W N {n . H \O 1 0 NON 4 H N 0 OD ON c+ H 0 w 0 ON O\ w \O \0 co 0\ Co N • O ON N 0 O\ N \O H -4 OD 0 \O --1 O O O O w co N .P- O I•-' O \O N \O 0 0 0 ON \n H ON 0 4 0 H O\ / 3JI CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk Re: Nominations to Boards and Commissions DATE: July 2 , 1992 INTRODUCTION AND BACKGROUND: As a result of recent resignations, there is an opening on the Planning Commission, the Community Development Commission and the Energy and Transportation Committee. The openings have been posted and were advertised in the Shakopee Valley News on May 28 , 1992 . Todate we have received four applications for the Planning Commission and one for the CDC. The interview committee will be interviewing candidates on July 15th. It has been the policy of City Council to nominate all applicants at one meeting and make the appointment at a subsequent meeting. It would be appropriate for nominations to be made at the July 7th City Council meeting. Interviews will be conducted and appointments can then be made at the July 21st City Council meeting. RECOMMENDED ACTION: 1. Move to nominate James Revere, Anne Tuttle, Clifford Stafford and Gayl Madigan to the Planning Commission. 2 . Move to nominate Andy Unseth to the Community Development Commission. APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our Cit..). Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7:30 p.m. Community Development Commission 3rd Wednesday at 5 : 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7:00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month o)_- as i.as needed at 7:45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7:30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities 1st Monday at 4:30 p.m. Commission Park & Recreation Advisory Board 4th Monday at 7: 00 p.m. Police Civil Service Commission As Needed Community Youth Building 2nd Saturday of the month Committee at 9: 00 a.m. Board of Review 7: 00 p.m. 2 to 3 Tuesdays in May Name: JG.,li e S A Z� � Address: /3 o 9 /% i4u z LJ. Phone: (H) 4"V• - /,2.72 (B) �`�J`'` /-e.; vim- no lonC�t� c.11ol?•c•�f1. How long have you been a resident of Shakopee? 7 „- Occupation: G m/0LA,T‹.r S.cr/LSA cof-7 cuhf,A- Does your work require you to travel? (check one) A great deal Periodically X Very little Not a � t% Do you have any special interests or training which you feel a -: . particular board or commission could use? (Use separate sheet if 't-, - necessary) : -necessary) e Board or Commission in which you are interested? p Pk:J-)/1I_7 Cate-,,r7/ Ss;GLS/8 v /'-/ of2 Q cz ;:L T ,17- ct -'1O( cipt,. /c Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: hi T �K.C c. •y'7 L -,e,.„s�//rG /- Lc), T I C_c< / %f, )e.r- J2f C.vi i?,'/t Gt C C '' •.1 ,4.7/: 1/ i ^. .,t • :41,1a_..7.1",'-/z r /C' S e--,/ . & -� LZ `.)a.az:/ a cid //? /174.7' 6'_.k v L.'t e of c e- 1 1/ /j° .2/bc.Fr7.- d J_ C i <i/t/r //, / (,;..;t// ,eft' / 4.),..4.4i. CC nt,21w.d;Ty- Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized which could be constructed as a conflict of interest? Yes No �{ . If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address and Phone) : 1. /1'1/k 13.p� �.,/ ?q311 S. /i01'/ z CP 1. LP/C. 93 74/ 2 . 3 . I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. co ,41.4.. 1) !liA...C, ,,—,- 2( Signature • RETURN APPLICATION AND PLEDGE TO: / - ,Zi - C7"Z Date City Clerk City of Shakopee 129 East 1st Avenue - Shakopee, MN 55379 445-3650 • Cf.'---.. DATE RECEIVED: .02/0V /202 APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7: 30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7: 00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7:45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7: 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities 1st Monday at 4 : 30 p.m. Commission Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Community Youth Building 2nd Saturday of the month Committee at 9 : 00 a.m. Board of Review 7 : 00 p.m. 2 to 3 Tuesdays in May �' �7'�/ Name: rye [c � Address:a� ,�r,�,io/zy Phone: (H) -lo l/ (B) dd/ How long have you been a resident of Shakopee? ' //pr- „ Occupation: , Q,f•/Jf y' Does your work require you to travel? (check one) A great deal Periodically Very little ?< Not at all Do you have any special interests or training which you feel a particular board or commission could e? (Use separate she _t if necessary) //a ni . �r",�ie/i , r-dAi .)vw= ,/� J. 4////erg i)//i-c. : 1j/1 7./-el -,%,./ ', j/0/49'/4/_/.1 ) .+!1�/1���l?' .. // /r0..,, ,g f /,--x./ Board or Commission in which you are interested? 1:64/////4/ ec/',`/`s'('/1" -09-14.-e.:724-./...c.,_' A7- e.1,/*, � , C� nterested in servin on this Please state briefly why you re i g Board/Commission for which you are submitting an application: .1-tAe,,/:,/.47./21,4,ri _J_ '-elf?-7,id"-f-/ 2/___1/2)" ,41 .k,1.i'Ji? C--L '--1141<, /4d/—4e//-�,%1_/iii -a-----177_ e lit-/ /�!%i/.1 �•�i� yf Gl/�� ,,g:�r.Gr , ,,iii/j/y ie:/.Z",.. ZI t\--//1.de--/ c���.,�. . ,. - � � _i -� , Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes No, If yes, please provide the details on a separate sheet of paper. Please list ree references (Name, Address and Phone) : 1. 541e) rei) . ,a,c--72.z/z&-t)ipizi-I,e) $ii,5-- -6-sz.s- 2 . /a,../i -4 414 7_ J - /,6, /y, A .,1 ' psi.: - l�/.�� 3 . /la ' 7Y-J 4 -, d' //D i91#-G,t,e-fh) y5 .5 - .3dSI I heeby certify that the facts within the foregoing application ar rue and corregt to the best of my knowledge. a Signature RETURN APPLICATION AND PLEDGE TO: -//- 902, Date City Clerk City of Shakopee 129 East 1st Avenue _ -_ - Shakopee, MN 55379 --.4,,- 445-3650 T 1 P v"‘ DATE RECEIVED: ',MN 1 61952 C, OF S- AKOr_, ; APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7 : 30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7 : 00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7:45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7 : 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities 1st Monday at 4 : 30 p.m. Commission Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Community Youth Building 2nd Saturday of the month Committee at 9 : 00 a.m. Board of Review 7 : 00 p.m. 2 to 3 Tuesdays in May q` 4Address: Z6404 �1 rl-syt fir. A Phone: (H) 44c- L78 (B) +CVO "R° How long have you been a resident of Shakopee? 1 5 ke 01.E 5 Occupation: CterVettcM0a, tOtJANSV, Y S+ rve t' V t Sciv- Does your work require you to travel? (check one) A great deal Periodically Very little Not at all Do you have any special interests or training which you feel a particular board or commission co d use; (Use separate street if necessary) rQo ckLeL C,e i(' (`nc( 1 — iV . VeAlt•ii►S ia_st Vkie& to-A. R, o 1vin./ - K€oJ ti\ 1 oQYd. . aY� Bod or Comm sion in which you are interested? T f c rrtAtltl,s Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: It has been my lifelong interest to be involved in my community. Up until now, I have been a strong "supporter" of others who wished to be involved. I now have the time and energy to participate myself. I feel that I am capable of making the "tough" but fair decisions that need to be made. Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes No . If yes , please provide the details on a separate sheet of paper. 654-(0 414-3a Please list three references (Name, Address and Phone) : 0-- '6o-wk. iA CUSA adv 04,'l e+r SAce a+t ' ssot. .' 1. , f- �c1 a$e� 5nk,�rd �w�. MQts .� 2 . fSecitok KE1.So o S . f\c&P.kr.evk pr SMoluovee n 00,111e.' e*-SZ�� �4 Cvc�+��,•l- .i - aq 1- thsS°s 3 . 'l. ) ( Z'�C1 � 5k . r SS1 o l I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. Signature RETURN APPLICATION AND k5-(1 a PLEDGE TO: Datq City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 445-3650 `ION 7 6190n DATE RECEIV 9� APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7: 30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7: 00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7:45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7 : 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities 1st Monday at 4: 30 p.m. Commission Park & Recreation Advisory Board 4th Monday at 7: 00 p.m. Police Civil Service Commission As Needed Community Youth Building 2nd Saturday of the month Committee at 9: 00 a.m. Board of Review 7 : 00 p.m. 2 to 3 Tuesdays l1PISe \ in May cr�t' T Name: Cl Address: 971 duonJ nako e 1 Phone: (H) Lf �]4 - 1��� (B) S)2_/- 2,5-1) How long have you been a resident of Shakopee? (IMG£� /2))091 Occupation: W-4;(‘ 16-2 pLAVISL > I Does your work require ou to travel? (ch k one) A great deal Peri odically Very little Not at all Do you have any special interests or training which you feel a particular board oK commission could use? (Use separate sheet if necessary) M/jA -4- �1e,��1o +�,�� d / Cg A C.T1 v i F- Board or Commission in which you are interested? bi4Lt 41 I eArderve.",i— - Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: 1e{, o+ o�ive. ti`Y� v (C, 1y4, l.`‘ o.,v-t_ Car 0 1-, I ►l a ctZ) C� 1 1 r.2\1x.10 r VnP�- B O vt°`.too r e bGLa�►f-�- a m C' ta P-5i-VO Conflict of interest_es� is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes No . If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address and Phone) : 1. f ��CF, !'�eo�+� 93 y S , 14.or,2av1. br, ) yqS'-937L� 2 . EA-kA co'�, ( J\) b0,111-A.aAA , IS7 aek.47 . LlLd5=63 77/ 3 . Q V, Qtra r Duc�ark Z I`/ ee I here erti at the facts within the foregoing application are true aand co t to the best of my knowledge. S'ignatur RETURN APPLICATION AND PLEDGE TO: j Date City Clerk City of Shakopee 129 East 1st Avenue �_ Shakopee, MN 55379 '`' 445-3650 WUN 1 11992 DATE RECEIVED: APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7 :30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7 : 00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7:45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7: 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities 1st Monday at 4 : 30 p.m. Commission Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Community Youth Building 2nd Saturday of the month Committee at 9: 00 a.m. Board of Review 7: 00 p.m. 2 to 3 Tuesdays in May Name: Clifford D. Stafford Address: 2328 Eagle Creek Blvd. Phone: (H) 445-5274 (B) 496-8303 How long have you been a resident of Shakopee? 15 years Occupation: Deputy Sheriff, Scott County Does your work require you to travel? (check one) A great deal Periodically Very little X Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use separate sheet if necessary) Prior Planning_ Commission Experience Board or Commission in which you are interested? Planning Commission Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: I was on the planning commission in the past but had to leave due to a rotating work schedule. I would like to become involved with the duties of the commission again since my schedule now is compatible. Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized which could be constructed as a conflict of interest? Yes No If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address and Phone) : 1. Joseph Zak 5371 Eagle Creek Blvd. 445-8828 2 . David Czaja 5262 Eagle Creek Blvd. 445-8071 3 . David Menden 904 Clay St. 445-1053 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. Signature RETURN APPLICATION AND June 3, 1992 PLEDGE TO: Date City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 445-3650 DATE RECEIVED: 613 l g ol Oi\! SENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk Re: Request by a Government to Spend Gambling Funds DATE: July 2 , 1992 INTRODUCTION AND BACKGROUND: On June 30th, the City received two checks from local organizations from their gambling funds. The Lions donated $3 , 500 for the construction of the trail system in Lions Park - which will be constructed after completion of the Southerly Bypass. The Shakopee Rotary donated $4 , 073 . 31 for the construction of the softball lights at Tahpah Park. The State Gambling Board requires a receipt for the donation of the funds by way of the execution of a "Request by a Government to Spend Gambling Funds" . They want some assurance that the funds will be spent for lawful purposes and by signing the request, the city is so confirming. Because the funds needed to be spend by June 30th, which is the end of the fiscal year for these two organizations, the City Clerk has already received the money and signed the request. It would be appropriate for City Council to ratify the request for funds, since they are the governing body. RECOMMENDED ACTION: 1. Move to ratify the execution of a "Request by a Government to Spend Gambling Funds" to the Lions Club of Shakopee for the trail system at Lions Park in the amount of $3 , 500 . 00 . 2 . Move to ratify the execution of a "Request by a Government to Spend Gambling Funds" to the Shakopee Rotary for the installation of softball lights at Tahpah Park in the amount of $4, 073 . 31. LG503 (Rev.1ol8/90) Minnesota Lawful Gambling Request by a Government to Spend Gambling Funds .-- .... .,:.. yY/,.:-Vn::?r,}.w.}}Y::}%?}ff!.:.{Y x.Y•Y!.! .:-.. - ...-.!:xn$..x. ...:::}:., /$k:vS:{wn:•r-V.V:.. N!!.!-fnY/.v.}};:::r{:::?.}V!.}v:. .,. ..-. r............... :.t:::m:::.�::::::h}}Y.::!::.w::;t::•,�:p-r:.?>%:..::i�.::/v._:.::w::::?{n:.:..::..:::::::::}::•}::•v!:r.::}:i.}:i•}N:•}}}}:-r5}?}}:!-}?:..x::V::w:: .. vemriiefitti ..6rmut ::. ?.:.:::::::: ::<::>.r::::::::}.}rr::::::,.: :.:..::,...: Name of Government Requesting Funds Phone Number City of Shakopee ( 612) 445-3650 Address 129 East First Avenue Shakopee Minnesota Zip Code55379 Check type of government making request: I x I City ED County El Township (l School District No. of =State of Minnesota, Department of , Division of El United States, Department of , Division of El Other Governmental Entity-specify s. f !hXf}•Y.•F.I.rY.K• hx .:lti?:y!? :.-:?!h: M-!l•Y.!! v:.:.»-k.r--.�!{Cy Tf?!!:i'i'i};'!???j!-r:??{•?fx!{.:t:.•iriii:.::tt:!nli:/.v;t..,vn:I.l..- :n,H.yr}:{S.M?r}r•}:!!+.-})6yyyT�r}:?!??!v:--. :Y'f.!4i:hi::• '': •, :. � .. :f•ti;:i:�vv:%:iiy:}ii}:i::iC:•}}}:•r:::??+,:n};}iiiirii:!ti:?•}}}.�r:LJ:;{.}:•}}}}r:it4}';:::.:.�:::.w:::.::.:v:.. ..........♦. ...�:'i:� .t?Y �3. C1iti12t11Fi0Itt:�iti. . ,.... .........................:.::..::::::::!.:.:.�:r..;;!:».;>:.:r;:.t•:.�}.v. •:}:??!.:.}:t...t .f.........:;rr.,ix...:}:? Organization Phone Number License Number Shakopee Rotary ( 612 ) 445- Address City - State Zip code ..........t::tt::..V::::t..::.:.�u:..}Vx:4:v}}}n}:J}}:•}:-:!!.:!•;{n:!.}:?:i:•:!;!•:}}}::'r'..:}}}}}}}}i}?::.•:- T���� Vr:.::.r..:,tV.:w:::...xn:::V.V..::.-•v n...., ::r..:.K .w::::::::.::::xvn.:.•::•:::�... ::. .::::.} .-... n'G'!!rii;'{:itityrr:.-}:::::!??!.vri!:t•Y:•.}:}:w:::•r}...:::::::::.:v::::xv:ry::+':ti..,..h.:b}F?•}::!•}'l.!......--. T���� .ski.:?:!-::->:::: :.r+!.}:!•}:-}'a-.t' � .:.:�,::..:::.. est........:.:..:::.�:::.�::::.:.�::::.:,:.....-.�.�:.. ...:................:.........::.....,............:.t.:::..::�::._.�,}:.::.:!.................-.....:} ...........................:..::..�:.�.:::::::::::.�:..?...:.}ii:t;!--?':':i:...:'..:.:.:;.t:;.:}Y.}}.`•::::}i`:i::i:?::h::r;.v::rr?X!.r:4::}:�'.:::v}::.}i}i:!!.i}i::.;::::.}:.::r:i:.:.i::: The above-named government requests lawful gambling profits for the followingpurpose: `` (explain expenditure-attach additional sheets if necessary. Amount requested $ 4,073. 31 Construction of softball lights at Tahpah Park By completing and signing this form, the govemmenr s agent confirms that the requested funds will be spent for a lawful purpose. This request expires one year from the date below and may be renewed at the request of the local governing body. Signa of) )govemmenr pent 1 Title Date btoll ` J (I) P ml/ Clerk 6-30-92 P nam v Judith S . Cox Use of Form: 1. If an organization wishes to contribute gambling funds to a governing body,the governing body must complete this form. 2. Approval of the Gambllna Control Board Is not required, 3. The form should be kept on file by the licensed organization. 4. •tta a o• o el- • to • •u Sc e•ul: C :e•oa for e o ii . i the fu ds are .e 6. 30 .9 ) Request by a Government to opcv>u v L b + ......... . �.... K> .... .. ` . '•'. of :2N. 'Y• G ueb.tmentlrz ormat:or>r ::K.....>..a. >.�f.! i::v.Y>i: ...:x ;�T2 k tire K; > :...tki:.?�3. Z x a c:.Y, f Y"Zi:X:»1:i fi :W°r�oH t Name et Government unds F Requesting Phone Nuoer Ct � I m (10I-i't'1s ,_?bs0 .+►ems � � City Stas 7�P��_•. X5 �, / 57 Checkty of government making request 1/1,� 'C,ty =County l—!Township = School District No. of �""`"1C =State of Minnesota. Department of , Division of =United States. Department of _ , Division of =Other Governmental Entity-specify �^�� a .r�..-�e�•.r»•.,. ..� - .e1:e;Z�,,,,. ';a:'y:i"a'>••o" C :»'ti y. +if•M �` >K'Saw�^''.:»."2 o a,(... 'g.::w'YaA V.4..: .,Y',�4'r`.R' t�;� 7:4k r x; Or'gauiza ior1 •`InfO r7ILatOfT:. r >,� ,.ar. ... i 4 >r zation �����N„ Phone Number Lir-arise Number Crya�u Aecre�¢/,� star.AA (57 ...,...w.sr�p/..�..r.^••t>.>w.,r;•ww:�or.;S<'.>;�...:�;-nc:•.x ".�.�'�'' ���„4:: `.x.�w'�wi�.o•. - C, .�� 't�� �:.._.K��. 'L^" ry j;CZI,tj�Zt�:�E?t,Lr�pSe..R`P.1�ZC �<xr�.'-:� .. _,. .ari ' �.. xr��.s � a :Y::�,•�b,.,'. ins=ova-named government requests lawful gamoling profits for the following purpose: (explain expenditure-attach additional sheets if necessary. Alunt requested yap. ESD fry Trivil 1/4-(*.,,,,v etit pt-e„,,x,,_, pa,itic By=motoring and signing this form. the government's agent confirms that the requested funds will be spent for a lawful purpose. This request expires one year from the date below and may be renewed at the request of the local governing body. Square orpo'e I Tine eL1571. ./ ( NM ct4 , ,/X1., Prtr` rSU i th s-N. CVY Us.of Form: 1. If an organization wishes to contribute gambling funds to a governing body,the governing body must complete this form. 2.. Approval of the Gambling Control Board Is not reaulred, • 3. The form should be kept on file by the licensed organization. 4. Attach a copy of this form to your Schedule C Report far the month in which the funds are spent. CONSENT / (t? MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk Re: Resolution No. 3615, Commending SPUC DATE: July 1, 1992 INTRODUCTION AND BACKGROUND: At their regular meeting on June 2nd, the City Council directed staff to prepare a resolution of appreciation and commendation to the Shakopee Public Utilities Commission and the Utilities Manager for their foresight and diligence in reviewing the power contract possibilities and getting the best deal for the City of Shakopee. In follow-up to that request, attached is Resolution No. 3615 for Council's consideration and adoption. RECOMMENDED ACTION: Offer Resolution No. 3615, A Resolution Commending Shakopee Public Utilities Commission and Manager Lou Van Hout, and move its adoption. RESOLUTION NO. 3615 A RESOLUTION COMMENDING SHAKOPEE PUBLIC UTILITIES COMMISSION AND MANAGER LOU VAN ROUT WHEREAS, Shakopee Public Utilities Commission along with the capable assistance of Lou Van Hout, Manager, have been negotiating the wholesale purchase of electric power from Minnesota Municipal Power Agency and Northern States Power; and WHEREAS, after lengthy negotiations, Shakopee Public Utilities has voted to purchase wholesale electric power from the Minnesota Municipal Power Agency on a wholesale contract basis, subject to the successful negotiation of contract language, and with the guarantee of the offer by the United Power Association; and WHEREAS, Shakopee Public Utilities will realize a reduction in the amounts of the projected increases in cost for electric power under the present contract over a ten and one-half year contract in the amount of approximately $8, 700, 000. 00; and WHEREAS, this cost saving will benefit all those residents and businesses who purchase their electric power from Shakopee Public Utilities. NOW, THEREFORE, BE IT RESOLVED that the Shakopee City Council hereby commends the Shakopee Public Utilities Commission and their Manager, Lou Van Hout, for their foresight and diligence in reviewing and selecting a power supplier who will provide wholesale power which will result in a substantial savings to Shakopee Public Utilities and its customers. 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 COi\bLI \11 yip MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director .1 SUBJECT: 1992 Sidewalk Replacement Program DATE: July 1, 1992 INTRODUCTION: Attached is Resolution No. 3618 , accepting bids and awarding the contract for the 1992 Sidewalk Replacement Program. BACKGROUND: On June 2 , 1992 the City Council of Shakopee ordered the advertisement for bids for the 1992 Sidewalk Replacement Program. This project also includes the 1991 Sidewalk Replacement Project. On July 1, 1992 bids were received and publicly opened for this project. A total of five bids were received and are summarized in the attached resolution. The low bid was submitted by West Star & Concrete of Watkins, MN in the amount of $36, 185 .74 . The Engineering Department has reviewed all bids for completeness and also the qualifications of West Star Curb & Concrete, the low bidder, and have determined that they are able to perform the work as described by the plans and specifications. The Capital Improvement Budget has allocated $25, 000. 00 for 1991 and $25, 000 . 00 for 1992 for the Sidewalk Replacement Project. Since the bid was only $36, 000. 00, the City could increase the contract by a maximum amount of 25% without rebidding. If the City were to increase the contract by 25%, the maximum amount that could be spent would be $45, 232 . 17 . Staff will attempt to add other sidewalk locations to the project, but only if the property owners agree to sign a waiver regarding the public hearing notice on this project. No sidewalk will be added without obtaining the appropriate waivers. Attached is Resolution No. 3618 which awards the contract on the 1992 Sidewalk Replacement Program to West Star Curb & Concrete. ALTERNATIVES: 1 . Adopt Resolution No. 3618 . 2 . Deny Resolution No. 3618 . RECOMMENDATION: Staff recommends Alternative No. 1, to award the contract to the low bidder, West Star Curb & Concrete. Staff is also recommending that the City Council authorize the maximum expenditure of 25% over the bid price for possibly increasing the amount of the sidewalk replacement. ACTION REQUESTED: 1. Offer Resolution No. 3618, A Resolution Accepting Bids on the 1992 Sidewalk Replacement Program, Project No. 1992-7 and move its adoption. 2 . Authorize the appropriate City staff to increase the contract by a maximum of 25% by adding additional sidewalk to the project only if the appropriate waivers are obtained from the property owners. DH/pmp MEM3618 RESOLUTION NO. 3618 A Resolution Accepting Bids On The 1992 Sidewalk Replacement Program Project No. 1992-7 WHEREAS, pursuant to an advertisement for bids for the 1992 Sidewalk Replacement Program, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: West Star Curb & Concrete $36, 185. 74 MN State Curb & Concrete $42 , 845. 64 Kelly Construction $49 , 590 . 38 Curb Masters $50, 066. 81 Ford Construction $56, 918 . 40 AND WHEREAS, it appears that West Star Curb & Concrete, Box 201, Watkins, MN 55389 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with West Star Curb & Concrete, in the name of the City of Shakopee for the 1992 Sidewalk Replacement Program, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2 . The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney l4/ c CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolution No. 3619, Apportioning Special Assessments Against Lots Within Prairie Estates Second Addition DATE: July 2 , 1992 INTRODUCTION AND BACKGROUND: The final plat of Prairie Estates Second Addition has been filed with the Scott County Recorder. There are special assessments existing against the original parcel from which this plat originated. It is appropriate at this time to apportion the special assessments against the original parcel, Outlot A, Prairie Estates First Addition, against the newly created parcels within Prairie Estates Second Addition. The apportionment of the special assessments as contained in the attached resolution have been agreed to by the developer in the Developers Agreement for Prairie Estates Second Addition. RECOMMENDED ACTION: Offer Resolution No. 3619 , A Resolution Apportioning Assessments Among New Parcels Created As A Result of the Platting of Prairie Estates Second Addition, and move its adoption. RESOLUTION NO. 3619 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF PRAIRIE ESTATES 2ND ADDITION WHEREAS, on August 25, 1981, Resolution No. 1891 was adopted by City Council levying assessments against properties benefitted by construction of the 1981-1 VIP Interceptor; and WHEREAS, on September 20, 1988, Resolution No. 2946 was adopted by City Council levying assessments against properties benefitted by construction of the 1987-13 Valley Industrial Park Sewer Extension from the West side of CR-17 to the East side of CR- 79 ; and WHEREAS, on February 7 , 1989 , Resolution No. 3016 adopted by the City Council apportioned the installments remaining unpaid against the parcels created because of the platting of Prairie Estates 1st Addition; and WHEREAS, Outlot A of Prairie Estates 1st Addition has been subdivided into Prairie Estates 2nd Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against Outlot A Prairie Estates 1st Addition among the new parcels in Prairie Estates 2nd Addition; and WHEREAS, the property owners have agreed to the apportionment through the execution of a developers agreement for Prairie Estates 2nd Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: 1. That the 1992 payable remaining balance of assessments to parcel 27-138035-0 for the 1987-13 Valley Industrial Park Sewer Extension and for the 1981-1 VIP Interceptor are hereby apportioned as outlined in Exhibit A attached hereto and made a part hereof. 2 . That all other parts of Resolution No. 1891, Resolution No. 2946 and Resolution No. 3016 shall continue in effect. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 7th day of July, 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney EXHIBIT "A" to Resolution No . 3619 ASSESSMENT REAPPORTIONMENT FOR PRAIRIE ESTATES 2ND ADDITION P.I.D. NO. PROPERTY OWNER LEGAL 1981-1 V.I.P. I 1987-13 V.I.P. DESCRIPTION ASSESSMENT ASSESSMENT 27-166001-0 VIERLING PARTNERSHIP LOT 1 BLOCK 1 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION 27-166002-0 VIERLING PARTNERSHIP LOT 2 BLOCK 1 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 1 2ND ADDITION 27-166003-0 VIERLING PARTNERSHIP LOT 3 BLOCK 1 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION 27-166004-0 VIERLING PARTNERSHIP LOT 4 BLOCK 1 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION 27-166005-0 VIERLING PARTNERSHIP LOT 5 BLOCK 1 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION 27-166006-0 VIERLING PARTNERSHIP LOT 1 BLOCK 2 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION 27-166007-0 VIERLING PARTNERSHIP LOT 2 BLOCK 2 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION 27-166008-0 VIERLING PARTNERSHIP LOT 3 BLOCK 2 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION 27-166009-0 VIERLING PARTNERSHIP LOT 4 BLOCK 2 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION 27-166010-0 VIERLING PARTNERSHIP LOT 5 BLOCK 2 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION 27-166011-0 VIERLING PARTNERSHIP LOT 1 BLOCK 3 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION ASSESSMENT REAPPORTIONMENT FOR PRAIRIE ESTATES 2ND ADDITION 1 P.I.D. NO. PROPERTY OWNER LEGAL 1981-1 V.I.P. ' 1987-13 V.I.P. DESCRIPTION ASSESSMENT , ASSESSMENT 27-166012-0 VIERLING PARTNERSHIP LOT 2 BLOCK 3 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION 27-166013-0 VIERLING PARTNERSHIP LOT 3 BLOCK 3 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION 27-166014-0 VIERLING PARTNERSHIP LOT 4 BLOCK 3 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION 27-166015-0 VIERLING PARTNERSHIP LOT 5 BLOCK 3 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION 27-166016-0 VIERLING PARTNERSHIP LOT 6 BLOCK 3 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION 27-166017-0 VIERLING PARTNERSHIP LOT 7 BLOCK 3 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION 27-166018-0 VIERLING PARTNERSHIP LOT 8 BLOCK 3 $44.36 $228.38 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION 27-166019-0 VIERLING PARTNERSHIP OUTLOT A $691.43 $3,559.59 1461 C.R. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 2ND ADDITION TOTAL = $1,489.91 $7,670.43