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Home My WebLink About03/02/1999 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 2, 1999 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Mayor's Report 5] Approval of Consent Business - (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS - (Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) *7] Approval of Minutes of January 5, 1999 *8] Approve Bills in the Amount of$206,625.61 9] Communications: 10] Public Hearings: A] Proposed Amendments to the Tobacco Regulations - Ord. No. 542 11] Liaison Reports from Councilmembers 12] Recess for an Economic Development Authority Meeting 13] Re-convene 14] Recommendations from Boards and Commissions: A] Preliminary Plat of Dublin Square, located north of 17th Avenue East and east of St. Francis Regional Medical Center-Res. No. 5063 TENTATIVE AGENDA March 2, 1999 Page -2- 15] General Business A] Parks and Recreation 1] Park Bond Referendum -Res. No. 5075 2] Architect for Joe Schleper Baseball Stadium 3] Southbridge Community Park B] Community Development *1] Extension of Preliminary Plat Approval for Westridge Lake Estates *2] Set Public Hearing for Vacation of Easements in Southbridge 1st -Res. No. 5070 *3] Transit Capital Financial Assistance Agreement and Private Vehicle Capital Contract *4] Coldwell Banker Appeal of BOAA Denial of a CUP -Res. No. 5072 5] Follow-up Moratorium Ordinance *6] Extension Agreement with WSB for Comprehensive Sanitary Sewer Plan Revision *7] Extension of Preliminary Plat Approval for Dominion Hills C] Public Works and Engineering *1] Purchase of Single Axle Dump Trucks 2] Pheasant Run Grading Permit *3] Approve Plans and Order Ad for Bids for Vierling Drive from Fuller Street to the Western Plat Line of Orchard Park West, Project 81998-3 -Res. No. 5071 4] Traffic Control Signage Changes 5] Adoption of Signing Study and Policies -Res. No. 5074 D] Police and Fire 1] Police Officer of the Year Award to Sergeant John Flynn *2] Surplus Property *3] Authorize Process for Hiring Three Firefighters E] General Administration *1] Amending the 1999 Fee Schedule -Res. No. 5073 2] Cash Manager to Handle the City and SPUC Investments *3] Completion of Probationary Period -Dan Hughes *4] Voice Mail System *5] Temporary Liquor Licenses - Church of St. Mary *6] City Code Amendment for Massage Licensing - Ord. No. 541 *7] City Buildings Cleaning Contract Renewal *8] Appointment to Cable Access Corporation Board of Directors -Res. No. 5076 9] VIP Connection Charge- Supplemental 16] Other Business 17] Adjourn to Tuesday, March 16, 1999 at 7:00 p.m. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting March 2, 1999 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Consent Business-(All items noted by an -3 are anticipated to be routine.After a discussion by the President,there will be an opportunity for members of the EDA to remove items from the consent agenda for individual discussion.Those items removed will be consideredin their normal sequence on the agenda.Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 4. 4 Approval of Minutes: Sa►.0-4.a.5 11 Mtn 5. Financial 4 A.)Approval of Bills 6. Small Cities Development Program Grant Administration 7. Other Business: 8. Adjourn to March 16, 1999 • edagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE,MINNESOTA REGULAR SESSION JANUARY 05, 1999 Members Present: Brekke, DuBois, Sweeney, Amundson, and President Link Members Absent: None Staff Present: Mark McNeill, City Administrator;R. Michael Leek, Community Development Director;Paul Snook,EDA Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; Jim Thomson, City Attorney I. Roll Call President Link called the meeting to order at 7:14 P.M. Roll was taken as noted above. H. Approval of Agenda Sweeney/Amundson moved to approve the agenda as presented. Motion carried unanimously. M. Approval of Minutes None IV. Financial A. Approval of Bills DuBois/Sweeney moved to approve bills in the amount of$2,719.15 for the E.D.A.. General Fund and $192.85 for Seagate. Motion carried unanimously. V. 1999 Election of Officers President Link called for nominations for Economic Development Authority President for 1999. Comm. DuBois nominated Deb Amundson for President of the E.D.A. for 1999, seconded by Comm. Brekke. Comm. Sweeney moved to close nominations for E.D.A. President and cast a unanimous ballot for Deb Amundson for E.D.A. President for 1999, seconded by Comm. DuBois. Motion carried unanimously. Official Proceedings of the January 5, 1999 Shakopee Economic Development Authority Page-2- Commissioner Link passed the gavel to President Amundson. President Amundson called for nominations for Economic Development Authority Vice President for 1999. Comm. Link nominated Jane DuBois for Vice President of the E.D.A. for 1999, seconded by Comm. Sweeney. Comm. Sweeney moved to close nominations for E.D.A. Vice President and cast a unanimous ballot for Jane DuBois for E.D.A. Vice President for 1999, seconded by Comm. Link. Motion carried unanimously. President Amundson called for nominations for Economic Development Authority Treasurer for 1999. Comm. Sweeney nominated Jon Brekke for E.D.A.. Treasurer for 1999, seconded by Comm. DuBois. Comm. Sweeney moved to close nominations for E.D.A. Treasurer and cast a unanimous ballot for Jon Brekke for E.D.A. Treasurer, seconded by Comm. DuBois. Motion carried unanimously. VI. Downtown Facade Loan Program & Design Guidelines; Greg Vierling request regarding Rehab Grant Program. Paul Snook reported that the E.D.A. has been asked to endorse the new Downtown Shakopee Facade Loan Program, adopt the E.D.A. Downtown Design Guidelines, and to consider reinstating the Downtown Rehab Grant Program upon the request of Greg Vierling, owner of Jerry's Pizza. He explained that the Rehab Grant Program was terminated in 1997, and staff was directed to create an alternative financial incentive program and related design guidelines to encourage downtown property owners to rehabilitate and restore their traditional commercial buildings. Staff did conduct extensive research on financial incentive programs for rehabilitation of traditional commercial buildings and districts and found that the most successful programs are low-interest loan programs with participation from local lending institutions. The most common program is a public-private partnership which consists of a low interest loan program funded by local financial institutions and endorsed by the local downtown organization and/or local government, accompanied by illustrated design guidelines funded by either the downtown organization and/or local government. Official Proceedings of the January 5, 1999 Shakopee Economic Development Authority Page -3- In arriving at a draft of a low interest loan program, all of Shakopee's lending institutions with the exception of one have committed to being involved in the Downtown Shakopee Facade Loan Program. Each has earmarked $50,000 for the program, totaling $300,000. The banks are currently reviewing the draft for final adoption and implementation. The program involves loans of up to $50,000 at a rate of 1/4 % below prime at the loan date, fixed for the first three years. Each lender will have the option to lend more than the $50,000 and loans will have a maximum amortization of 10 years. When the balloon payment comes due at the end of the first three years, lenders will rewrite the loan to a seven year variable rate loan with annual adjustments at 1/4 % under prime. Eligible expenditures include facade renovation, signage, awnings, code enforcement, roofing, structural repair, new construction and professional services. The loan structure guidelines require that a minimum percentage of 60 % must be used for the main facade, and that 40 % be available for other approved renovation work/purchase. However, the Design Review Committee and participating banks will review and may revise the loan program guidelines at the end of each calendar year. The Design Review Committee reserves the right to amend the loan structure guidelines if in their opinion, submitted plans show that the facade can be properly treated at a lower percentage. Paul Snook explained that earlier this year the E.D.A. approved a contract with Thomas R. Zahn & Associates to develop downtown design guidelines. The guidelines would direct the use of the Facade Loan Program, and all projects seeking funding for the low interest loan program would have to meet the criteria of the design guidelines. He said the guidelines are currently under final draft and should be ready within the next few weeks. Paul Snook explained that the original intent of the now defunct Rehab Grant Program was to encourage the preservation of downtown buildings by enhancing their original character. He said the program was discontinued because the original intent of preserving and enhancing the downtown buildings was not adhered to, the program was expanded to the Highway Business District which had no traditional commercial buildings, and the program had no illustrated design guidelines to graphically communicate its true intent. Should the E.D.A. decide to reinstate the Downtown Rehab Grant Program, staff recommends the program be complimentary to the Facade Loan Program, and that it be extensively revised so the original intent to preserve and enhance downtown buildings is strictly adhered to. This would include limiting the use of the program to the B-3 zone / central business district, and incorporating many of the same procedures and elements of the Facade Loan Program such as requiring that projects meet the downtown design guideline criteria and receive Design Review Committee approval before funding is provided. Official Proceedings of the January 5, 1999 Shakopee Economic Development Authority Page -4- The $45,000 that was dedicated in previous years to the Rehab Grant Program was listed in the budget as "designated miscellaneous". These funds have been moved to the "contingency" part of the budget for 1999. A discussion ensued in which Paul Snook was asked about new construction, abiding by guidelines, and when the guidelines will be completed. Paul explained that anyone interested in the loan program would be required to abide by the guidelines. He said the guidelines would also be applied to new construction financed through the loan program. The costs for architectural services would also be eligible for the loan funds. As to rehab work and new construction not financed with the Facade Loan Program, he said property owners would not have to comply with the Design Guidelines. In that scenario, property owners would be bound only by the City's zoning regulations which do not provide standards for facade design, an "appearance code". At this time, the E.D.A. is asking for approval of the concept of the guidelines which will be brought back at a later date for final approval. Brekke/Link moved to endorse the new Downtown Shakopee Facade Loan Program and direct staff to continue preparation of the Downtown Design Guidelines for final approval by the E.D.A. Motion carried unanimously. Greg Vierling approached the podium to discuss how the Rehab Grant Program funds were abused. He said the City should continue to be aggressive with the downtown area, especially with the decreased traffic flow with the bypass and Marschall Rd. He said that the loan program tends to service the existing prominent businesses in town. If reinstated, the Rehab Grant Program would encompass more than the local banks and existing businesses. He urged the reinstatement of the Downtown Rehab Grant Program and limiting its boundaries to the historical downtown area as soon as possible. A discussion ensued in which Comm. Sweeney said he was not ready to support the reinstatement of the unsuccessful Rehab Grant Program without knowing how successful the Facade Loan Program will be. Comm. DuBois concurred. Comm. Link suggested that the City become involved with property owner to insure the outcome is a historical design. The catch is that the City would pay for the design but the property owner would be responsible for obtaining the loan for the construction. Comm. Brekke concurred, adding that it would be best to wait to see how successful the Facade Loan Program is and what happens with the Vision Shakopee meetings. Brekke/Sweeney moved to direct staff to make the necessary revisions to the Downtown Rehab Grant Program so it would compliment the Facade Loan Program and adhere to its original intent, to be brought back to the E.D.A. for approval. Motion failed unanimously. Official Proceedings of the January 5, 1999 Shakopee Economic Development Authority Page -5- VII. Other Business None VIII. Adjournment Link/Sweeney moved to adjourn to January 19, 1999. Motion carried unanimously. The meeting was adjourned at 7:57 p.m. J.,4c udith S. Cox E.D.A. Secretary Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE,MINNESOTA ADJOURNED REGULAR SESSION JANUARY 19, 1999 Members Present: Brekke, DuBois, Sweeney, Link, and President Amundson Members Absent: None Staff Present: Mark McNeill, City Administrator;R. Michael Leek, Community Development Director Others Present: Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney; L Roll Call President Amundson called the meeting to order at 8:33 P.M. Roll was taken as noted above. H. Approval of Agenda Sweeney/Link moved to approve the agenda as presented. Motion carried unanimously. III. Approval of Minutes Link/DuBois moved to approve the minutes of October 20, 1998 and November 4, 1998. Motion carried unanimously. IV. Financial A. Approval of Bills Brekke/Sweeney moved to approve bills in the amount of $42.49 for the E.D.A.. General Fund. Motion carried unanimously. V. Other Business None VI. Adjournment Sweeney/Link moved to adjourn to February 2, 1999. Motion carried unanimously. The meeting was adjourned at 8:36 p.m. voa (1111 ith S. Cox . s.A. Secretary Esther TenEyck Recording Secretary CITY OF SHAKOPEE I" Memorandum R. !s.:r—k:f .s TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: February 25, 1999 Introduction Attached is a listing of bills for the EDA and Seagate fund for the period 2/12/99 to 02/25/99 . Action Requested Move to approve bills in the amount of $55 . 00 for the EDA General Fund and $25 . 00 for Seagate. H o _ o o o o o o o o II H 0 0 0 0 0 0 0 0 0 II n . II rT1 o 0 0 0 0 O 0 0 o II C) o O O o 0 0 0 0 o II o o O O O o 0 0 0 II El • II H U) U) U) U) U) U) U) U) O II W U) U) U) U) N N N N CO II W n X II H II MI c II U)• U) 1 0 0 0) 0) CO (NI N U) U) (i+ U) l0 IX W 0 0 E-I IZ 0 O U] U] 4 z z o o H H U] U) co U) W W a a O 0 x a a a w w 0) g 0) Z 0 0 H 0 Ix U) H t.t! Lt O N H a a >+ >I w W N H Q A N Ix 0 a Cwi Lw U) H• 0 Q ll `✓�U7y! LI H CIS El II U a II 4 Oit p 11 H H 7-+ II to W W II CO CO > II H I-I ‘rd' LA) lc) O 0) 0) (s] 0 0 M W U z 0 0 II II II II 0' ON II 0) 0) II 01 0\ II H H II \ II M M ru.1 II CV CN1 C:1 II N N 0 0 * * I * I 4' * I * * I H U) 0 0 I 0\ 01 H U) 0 U) * I H H H V O W * 1o q al lc 1 O Q O 0 *a al 1 H ( CO 44 H P CO W f-t o I w 0 >0x w 0 > a o O 1 H a H 0 o 0 H a H CU 1 H 0 o as 0' o o �a H• I o, a �' o o �' �' o 0 Q• i Ln H O O 4' In O O * * 114 I H H El * V H H 4' 4' , C CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Mark McNeill, Executive Director SUBJECT: Small Cities Development Grant Administration DATE: February 18, 1999 INTRODUCTION: The purpose of this memorandum is to provide further information regarding an EDA desire to administer the recently announced Small Cities Development Grant program with City staff. BACKGROUND: At the February 16th EDA meeting, direction was given to staff to explore the feasibility of administering the recently announced$887,000 Small Cities Development Grant (SCDG)with in-house staff,rather than contracting this out. As I understand the desire of the EDA, it may be seen as preferable to do this internally, even if it means adding a full or part-time position to do this. Staff subsequently contacted Steve Griesert of Community Partners Inc., and sought his opinion as to the desirability of doing grant administration with either contracted employees, or staff personnel. Mr. Griesert stated that because this is a Comprehensive(multi-faceted) grant, encompassing commercial rehabilitation, as well as owner occupied and rental residential rehabilitation,he strongly cautioned against doing this grant administration without using experienced personnel. Because of Federal compliance requirements for environmental review, income verification, Fair Housing/Equal Employment, and bidding,he felt it will take at least one full time person, and perhaps up to two full time equivalents, experienced in the day-to-day administration of SCDP grants to do this work. He noted that because of a current labor shortage in the housing field, it will be extremely difficult to try to hire somebody knowledgeable in housing issues who is also comfortable in dealing with the aspects of the grant-contractors, owners,occupants, and the like. He said that it is a"rare building official"who knows rehabilitation and can assist low income property owners; most building officials are only comfortable in dealing with new construction(the current workload on the existing inspectors is also a concern). He went on to say that Paul and I will likely still have our hands full on general oversight, even if a contract for administration is made through an outside agency(Carver County HRA has been suggested as someone who is experienced in SCDP grant administration). The grant does include approximately $150,000 of the total allocation for administration. Of that, approximately$5,000 is directly allocated to the City(for example, for Paul and I to charge our time),plus an additional $43,000 for general administration of the SCDG program. The balance of the administrative budget is an allocation of approximately $1,200 per rehabilitation project for administration and oversight functions. In summary, Mr. Griesert said he is aware of cities that have tried to administer SCDP grants themselves, and have had"disastrous"results. He also urged us to seek advice from MDTED;their strong preference will be for people who have specialized experience in day-to-day SCDP grant administration. Paul Snook attended an orientation session on February 18th. He concurs that due to the size and complexity of the program,this is not something for which we feel comfortable as staff in being responsible for the day-to-day administration. See the attached workshop agenda and excerpts from the Implementation Manual for the types of things that need to be covered during the grant. Finally, from a personal standpoint,having been involved with the day-to-day administration of a grant about 12 years ago,I know how meticulous the Federal and State requirements of these grants can be. It is something for which I cannot recommend that the City get involved for day-to-day administration, if there are other reasonably- priced and experienced options available. RECOMMENDATION: We recommend that staff be directed to seek outside alternatives for the administration of the downtown revitalization program. ACTION REQUIRED: If the EDA concurs, it should,by motion,direct that staff be directed to seek outside alternatives for the professional administration of the Downtown Revitalization Program of the City of Shakopee, as funded by the 1999 Small Cities Development Program. Mark McNeill Executive Director MM:tw 02/26/1999 13:53 507-334-2395 FINER SECRETARIAL PAGE 02 COMMUNITY PARTNERS RESEARCH, INC. TO: Paul Snook, Community Development DirectorADA FROM: Steven Griesert, Community Partners Research, Inc. RE: Minnesota Small Cities Development Program Application I am writing this memo to provide my recommendations on the administration of the Shakopee Small Cities Development Program. My recommendations are based on 23 years experience in administering Small Cities Development Programs. It is my recommendation that the current City staff continue its role as overall coordinators of Shakopee's revitalization and redevelopment efforts. However, it is my strong recommendation that the City also opt for one of the following: 1) Hire additional staff(2 - 2.6) full-time positions who's sole responsibility is to perform the day to day duties of the small Cities Development Program. 2) Contract with an Agency (HRA or CAP) to perform day to day duties. My recommendation is base on the following: * The Shakopee Small Cities program will include approximately 80 rehabilitation projects. A typical rehab project involves on average (50-60) hours of staff time per rehab project. This is a total of 4,000 to 4,800 staff hours. * The Minnesota Department of Trade and Economic Development has requirements for each rehab project and overall program requirements that are time,consuming and require expertise and experience. 02/26/1999 13: 53 507-334-2395 FINER SECRETARIAL PAGE 03 * For a rehab project to be successful, property owners and contractors must have a contact person who is available to work with them on a daily basis, if necessary. * Cities who have tried to implement the Small Cities Program with existing staff, ultimately, have not met program timelines and have frustrated property owners because of lack of availability. * Typically existing City Staffs' time is stretched with overall coordination and supervision of the Small Cities Development Program without the additional burden of the day to day tasks. * Administrative funds are included in the Grant Award to enable the City to hire additional staff or contract with an Agency. * Cities that administer Small Cities Development Programs that are efficiently and effectively completed in a timely manner, are the cities that continue to receive funding in future years. * Finally, I have attached the Table of Contents of DTED's recommended format for conducting a owner occupied rehab project. As you can see, the requirements are numerous. It is virtually impossible for staff with current full time responsibilities to administer 80 rehab projects following the attached format. If you have any questions or need additional information, please feel free to contact me. 02/26/1999 13:53 507-334-2395 FINER SECRETARIAL PAGE 04 A STEP-BY-STEP GUIDE TO REHABILITATION: OWNER-OCCUPIED PROPERTIES TABLE OF CONTENTS: _____• ••. Subject - ^�_ Page Number STEP ONE: GETTING STARTED REVIEWING POLICIES AND PROCEDURES Written Policies and Procedures guidance 1 Environmental Clearance overview 4 STEP TWO: MARKETING YOUR PROGRAM Marketing Tips 1 Program Fact Sheet-example 3 Contractor Marketing 4 Contractor Application Form - example 5 STEP THREE: TAKING APPLICATIONS Tasks to complete 1 Telephone Screening 4 Preliminary Applications 5 Application Processing Tips 6 SCDP Policies re. Income Verifications 6 Applicant Assets 7 Telephone Inquiry Form-example 8 Preliminary Application Transmittal and Form- example 9 Tennesson Warning: Data Privacy Statement-example 12 Release of Information-generic form example 13 Social Security Income-verification form example 14 Public Assistance Income- verification form example 15 Employment Income-verification form example 16 Mortgage Status-verification form example 17 Checking/Savings Account Income-verification form example 18 Title, Current Taxes, and Proof of Insurance-verification form example 19 Contract for Deed Vendors Consent Form and Information- example 20 Life Estate Owners Consent Form and Information-example Z2 Income Inclusions and Exclusions- summary from Section 8 24 Assets Chart 26 Income Calculations- Commonly Asked Questions 27 Denial of Assistance and Appeal Procedures-form letter example 29 Income Computation Worksheet- example 30 Application for Assistance-transmittal letter example 31 Full Application-example 32 "What to Expect and What Not to Expect from the Home Improvement Program"-example . 36 Lead-based Paint Statement- owner receipt form example 37 Fair Housing information-owner receipt form example 38 Application Tracking System-example 39 Checklist for Completeness-example 40 Monthly Progress Report and Budget Summary-example 42 Applicant and Beneficiary Report-example 43 Table of Contents Page 1 1997 OTED 02/26/1999 13:53 507-334-2395 FINER SECRETARIAL PAGE 05 Subject • Page Number STEP FOUR: INSPECTING THE PROPERTY Tasks to complete 1 Construction Management Terms 3 Rehabilitation Standards- explanation and example 4 Technical Standards - explanation 4 Dealing with Difficult Owners 6 Cost Estimating Systems - explanation 7 Historic Properties Review- information and form letters 8 Floodplain Location Review 12 STEP FIVE: APPROVING THE LOAN Tasks to complete 1 Project Presentation Form- list of criteria for funding example 2 Approval Letter- example 4 Denial of Assistance Letter-example 0 5 STEP SIX: PREPARING THE BID PACKAGE Tasks to complete 1 Work Write-up- explanation and example 2 List of Eligible Improvements- letter to owner example 6 Rehabilitation Standards Compliance Certification- example 7 Owner Sign-off Sheet -example 8 Work Write-up-format for bidding example 9 Color Selection Chart- form example 12 "Some Things Owners Should Think About Before Selecting Contractors" - example 13 Bid Package Contents- list example '14 Work Write-up Cover Sheet-example • 15 Bid Specifications-transmittal letter to contractors-example 16 Instructions for Preparing Bids and Contract Award Information- example 17 Contractor-Owner Contract- example 19 STEP SEVEN: SELECTING THE CONTRACTOR Tasks to complete 1 Contract Award Procedures- example 2 Bid Tally Sheet-example 3 Bid Summary- example 4 Bid Award Letter to Successful Bidder-example 5 Bid Award Letter to Unsuccessful Bidder- example 6 Self-Help Loan Agreement - example 7 Table of Contents Page 2 1997 DTED bL/'Lb/lTd'd 1.j:5 i r 1NtK =_UKt i HK1ML r*AOL l'Jb Subject Page Number STEP EIGHT: CLOSING THE LOAN Tasks to complete 1 Fiscal Tracking Spreadsheet- example 2 Notice of Right of Rescission - example 3 Truth in Lending Statement - example 4 Repayment Agreement- example 5 Forgivable Loan Repayment Agreement- Contract-for-Deed - example 7 Installment Loan Note- example 10 STEP NINE: MANAGING CONSTRUCTION Tasks to Complete 1 Staffing Needs for Rehabilitation Programs 2 Preconstruction Conferences 3 Interim Inspections- requirements and tips 4 Progress Payments 5 Change Orders 5 Preconstruction Conference Report-form example 6 Notice to Proceed - example 7 Contractor Payment Request- example 8 Receipt and Waiver of Mechanic's Lien Rights - example 9 Field Inspection Report-form example 10 Change Order- example 11 STEP TEN: CLOSING THE CASE Tasks to complete 1 Sworn Construction Statement- example 2 Completion Certificate-example 3 Customer Satisfaction Survey-example 4 Closeout Letter- example 5 APPENDIX: STARTING OVER Designing your Program 1 Direct Grants 2 Deferred Payment Loans 3 Direct Amortized Loans 4 Leveraged Loans 5 Determining Terms and Conditions of Loans 6 Combining Deferred Loans with Repayable Loans 7 Comparison of State and Federal Rehabilitation Program Options 8 Private Lenders 9 Program Design Tips 10 Table of Contents Page 3 1997 OTED Nm rrom—uitu T-382 P.03/03 F-813 SCDP IMPLEMENTATION WORKSHOP February 18, 1999 Radisson Hotel South and Plaza Tower AGENDA February 18, Thursday 8:30 - 8:45 a.m. Registration 8:45 - 915 a m Introduction/Welcome/Overview Louie Jambois 9:15 - 10:15 am. Contract Requirements/Conflict of Lowell Johnson lnterest/Recordkeeping/ Documentation of Federal Objective 10:15 - 10:30 a.m. BREAK 10:30 - 11:15 a.m. Labor Standards Chris Eng 11:15 - 12:00 p.m. Environmental Requirements Anita Gallentine 12:00 - 1:15 p.m. LUNCH 1:15 - 2:00 p.m. Financial Management Floyd Rice 2:00 -2:30 p.m. Uniform Act Bill AtKins 2:30 - 3:00 p.m. Civil Rights, Fair Housing, MBE/WBE, Leona Humphrey Equal Opportunity Employment 3:00 - 3:15 p m. BREAK 3:15 - 3:45 pin. Rehabilitation SCDP Staff 3:45 - 4:00 p.m. Commissioner Presentation Jerry Carlson 4:00 - 4-30 p m. Wrap-up for Day Louie Jambois Meetings with Staff/PF Special Conditions SMALL CITIES DEVELOPMENT PROGRAM APPLICATION Compliances (FP-10) (page 1) Applicant Name: City of Shakopee Q 1. Single Audit Act Amendment of 1996 (P.L. 104-156, Chapter 75 of title 31, USC), which establishes audit requirements for state and local governments receiving federal funds. Q 2. OMB Circular A-87- Establishes"Principles for Determining Costs Applicable to Grants and Contracts with State Local and Federally-recognized Indian Tribal Governments". Q 3. Section 504 of the Federal Rehabilitation Act of 1973; the Americans with Disabilities Act (ADA), MN Statutes 1990, Chapter 363, Chapter 363 MN Human Rights Act- Require that all public facilities and programs be designed and constructed to be accessible to the physically handicapped. xQ 4. The Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, the"UAR", (Federal Register March 11, 1988, Volume 53, Number 48) —Establishes requirements for procurement and financial management. Q 5. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and subsequent regulations - It ensures access to facilities or programs regardless of race, color, national origin or sex. E. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 and subsequent regulations- prohibit employment discrimination on the basis of race, color, religion, sex or national origin. E 7. Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and subsequent regulations, the"Uniform Act"- Identifies procedures for the acquisition of property and the relocation of persons and businesses. Q 8. Section 104(d) of the Housing and Community Development Act- Requires recipients to adopt, make public, and certify a residential anti-displacement and relocation assistance plan. O 9. Executive Orders 11988 and 12148, Floodplain Management- Requires action to minimize the impact of floods on assisted projects. O 10. Executive Orders 11625 and 12138- Encourage recipients to award construction, supply and professional service contracts to minority and women's business enterprises. O 11. The Flood Insurance Purchase Requirements of Section 102a of the flood Disaster Protection Act of 1973, (P.L. 93-234)- Requires the purchase of flood insurance in communities where such insurance is available for construction or acquisition projects in any area having special flood hazards. Q 12. The National Environmental Policy Act"NEPA"of 1969 (42 USC, Section 4321et. seq.) and other related acts related to the environment- Requires an analysis of a projects' environmental impact and a description of efforts to mitigate the impact. Other related acts refer to environmental quality. SCDP Applicant Guide (April 1998) 5-69 SMALL CITIES DEVELOPMENT PROGRAM APPLICATION Compliances (FP-10) (page 2) Applicant Name' City of Shakopee lx 1 13. Section 401f of the Lead-Based Poisoning Prevention Act, as amended (42 USC. Section 4831b) requires the removal and prohibits the use of lead-based paint for housing rehabilitation projects." • 14. Federal Fair Labor Standards Act(29 USC, Section 201 et. seq.) - Requires that employees be paid at least minimum wage and that they be paid one and one-half times their basic wage for all hours worked in excess of the prescribed work week. Q 15. State Laws, the Davis Bacon Act(40USC, Section 276a -276a5), Copeland (Anti-kickback Act, 40 use 276c)and the Contract Work Hours and Safety Standards Act of 1962 (40USC, Section 327-333)-Requires payment of wages, at hourly rates, as established by the Department of Labor. xn 16. Section 3 of the Housing and Urban Development Act of 1968, as amended - Encourages the employment and training of lower-income people and awarding of contracts to businesses located with the community receiving assistance. El 1• 7. Title VIII of the Civil Rights Act of 1968, as amended and executive order 12259 - Requires equal opportunity in housing and non-discrimination in the sale or rental of housing and actions to affirmatively further fair housing. n 1• 8. Requirements specified in the Housing and Community Development Act of 1974. as ammended -establishes the Small Cities Development Grant program. n 19. Act Discrimination Act of 1975 - Prohibits discrimination on the basis of age. C 20. Minnesota Statutes Sections 176.181 - 176.182 - Requires recipients and subcontractors to have workers compensation insurance coverage. 0 21. Clean Water Act and Executive Order 11288 - Requires protection of surface and ground water resources. ® 22. Minnesota Statutes Sections 471.87 and 471.88 - Forbids public officials from engaging in activities 'which are, or have the appearance of being, in conflict of interest. n 23. The Minnesota Government Practices Act- Protects the privacy of individuals who participate in Community Development-assisted programs by prohibiting the public disclosure of participant's income and other personal information. rx 1 24. Antitrust or unfair trade practices laws - Regulates and controls the sale of goods and services and prohibits deceptive and unfair competition between businesses. SCDP Applicant Guide (April 1998) 5-70 SMALL CITIES DEVELOPMENT PROGRAM APPLICATION Compliances (FP-10) (page 3) Applicant Name: City of Shakopee 25. 43 U.S.C. Section 18.100, entitled "Limitation on use of appropriated funds to influence certain federal contracting and financial transactions"- Requires a certification that no federal funds have been utilized to lobby or gain undue influence. 0 26. Executive Order 12549, Debarment and Suspension (43 CAR, Part 12 and Section 12.510) - Requires a certification regarding Federal debarment, suspension and other responsibility matters. 0 27. Executive Order 91 -3, Wetlands -Requires grant and loan recipients to apply the principles of no-net-loss of Wetlands during the conduct of their project. ❑x 28. The Drug Free Workplace Act(PL 100-690, Title V, Subtitle D) - Requires that grantees certify that they will provide a drug free workplace. ❑x 29. Section 519 of Public Law 101-144 (1990 HUD Appropriations Act and Section 104(1)of HAD Act- Requires that each local unit of government adopt, enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. E30. Section 1352, Title 31, U.S. Code- Requires that language of certification regarding lobbing for contracts, loans and agreements be included in award documents for all subawards at all tiers. Section 319 of Department of Interior and Related Agencies Appropriations Act, known as the Byrd Amendment" 'prohibits the use of federally appropriated funds for influencing any Executive or Legislative Branch personnel in the awarding Federal contracts, grants, or loans. It also requires, where appropriate, the completion of Disclosure Form SF-LLL. 31. Subpart C of 24 CFR Part 12 -Provides for Disclosure/Update from applicants/recipients of HUD assistance relating to the amount of assistance received, sources and uses of funds, and interested parties, and requires the completion of HUD Form 2880. 0 32. M.S. 290.9705 - Requires that 8 percent of each payment paid to out-of-state contractors for work in Minnesota must be withheld on any contracts that exceeds or could reasonably be expected to exceed $100,000, unless the requirement is waived. The City of Shakopee Certifies compliance with the compliance area (Applicant) indicated as applicable by checkmark, and as so stated in the accompanying "Local Government Resolution." SCDP Applicant Guide (April 1998) 5-71 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA JANUARY 5, 1998 Mayor Brekke called the meeting to order at 7:01 p.m. with Councilmembers Amundson, Link, DuBois and Sweeney present. Also present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director/City Engineer; R. Michael Leek, Community Development Director; Judith S. Cox, City Clerk; Paul Snook, Economic Development Coordinator; Jim Thomson, City Attorney; and Art Bannerman, County Commissioner. The pledge of allegiance was recited. Sweeney/Amundson moved to approve the agenda as presented. Motion carried unanimously. Liaison reports were given by Cncls. Sweeney and DuBois. Mayor Brekke gave the Mayor's report. The following item was added to the Consent Agenda: 15.E.7. Assignment and Assumption of Developer's Agreement- Southbridge 1st Addition. DuBois/Link moved to approve the Consent Agenda as modified. Motion carried unanimously. Mayor Brekke asked if there were any citizens present in the audience who wished to address the City Council on any item not on the agenda.. Art Bannerman approached the podium and gave an update on the Trust issue in Connecticut. Three cities have been fighting a trust issue and recently won at the United States Federal District Court level. He said this will be important should the Mdewakanton Tribe apply for the Trust Status again. A recess was taken 7:14 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting was re-convened at 7:57 p.m. DuBois/Link moved to approve the Minutes of October 6 and 13, and December 7, 1998. (Motion carried under the Consent Agenda.) DuBois/Link moved to approve bills in the amount of$724,875.55. (Motion carried under the Consent Agenda.) Bruce Loney reported that the residents of McGuire Court and McGuire Circle have submitted a petition for a paving improvement on streets which are existing bituminous surfaced rural roads. Official Proceedings of the January 5, 1999 Shakopee City Council Page -2- Mr. Loney stated that the issue is whether or not Muhlenhardt Road is to be improved. There is no sewer or water in this area and the extension of sanitary sewer and water is not anticipated in the foreseeable future. Bruce Loney stated that there is a significant amount of alligator cracking on McGuire Circle and the pavement life is at a point where it needs to be reconstructed. Muhlenhardt Road is the only access for Riverview Estates, and this roadway is a higher than normal maintenance roadway due to the steepness of grade for this gravel road. He discussed Alternative No. 1, construct Muhlenhardt Road to McGuire Circle and McGuire Court and vacate Muhlenhardt Road to the south and making it a low maintenance, emergency access road. In response to a question as to whether or not there is sufficient right of way if sewer and water were to be installed, without tearing up the pavement on McGuire Court and McGuire Circle, Bruce Loney stated that he was looking to continue using McGuire Court and McGuire Circle as a rural road way. He said at this time the road needs to be resurfaced but if sewer and water are installed in the future the road would have to be reconstructed. A discussion ensued regarding sewer and water lines and where they would enter the development if installed. Bruce Loney stated that he would expect that the sewer and water lines would have to be installed in McGuire Court and McGuire Circle as opposed to Muhlenhardt Road. He said the trunk line for this area is an extension of CR 18 and could be filtered through development. Cncl. Sweeney said he would like the feasibility study to address dead-ending for McGuire Circle, and/or determine if the right of way could be increased to install sewer and water outside of the street surface. A discussion ensued as to alternatives to the erosion problem with Muhlenhardt Road. Bruce Loney stated that the biggest problem is the drainage on the road due to the steepness of the grade. Mayor Brekke asked about a cost benefit analysis to determine the cost of paving the road and the pay back in terms of lower maintenance costs to the City. Cncl. Sweeney cautioned against setting precedent by paving roads at the tax payers expense. -Cncl. DuBois suggested a fair and equitable assessment such as a 50/50 assessment. When asked about consideration of a partial vacation, Bruce Loney stated that a partial vacation was never part of previous discussions. He said that the feasibility study states that the road is to be kept as an emergency fire access. Jim Thomson, City Attorney, stated that the only action necessary at this time is to approve the draft resolution, ordering a feasibility report. He said when the feasibility report comes back, if the Council elects to do only what the petition requires than it would be a petition initiated project and requires a majority vote of the Council. Gretchen Theis, Muhlenhardt Road, approached the podium to discuss the 1991 petition for improvements and why it failed. She said that Steve Muhlenhardt tarred Horizon Drive at the same time that the residents were trying to get Muhlenhardt tarred. At that time the residents on Official Proceedings of the January 5, 1999 Shakopee City Council Page -3- Horizon Drive were to be assessed for Muhlenhardt and were opposed. However, this is not an issue for those people on Horizon Drive anymore because they have an access out and all of Horizon Drive is tarred. She said that the residents of McGuire Court and McGuire Circle were then told that their roads would be resurfaced. The resurfacing only occurred on Horizon Drive last year. She said she is willing to pay for the tarring of Muhlenhardt road north of McGuire Circle and listed a number of safety issues. Looking at a cost benefit analysis she referred to the previous four years, stating that a ditch has not been dug for at least four years. She said her husband had to put in a culvert himself to deter the water. She said the water has no where to go down Muhlenhardt Road but into her yard. She said this effects all those people to the west of her property. Terry Kanitz, 8563 McGuire Circle, approached the podium and stated that the petition focused on McGuire Circle and McGuire Court. He said the roads on McGuire Circle and McGuire Court are so bad that the children cannot safely ride their bikes. He said the problem with Muhlenhardt Road is that it was inherited from the County and it is not fair to the property owners of McGuire Circle and McGuire Court to be assessed. He said it is the City's responsibility to honor the petition and the 75 %-25 % assessment roll regarding the repaving of a road that has become degraded and requested that the Council concentrate on the petition. Patty Simondet, McGuire Circle, approached the podium and asked the Council to consider the petition and said that her daughter would like to ride her bike without injuring herself. Sweeney/Amundson offered Resolution No. 5049, Declaring Adequacy of a Petition and Ordering the Preparation of a Report for McGuire Circle and McGuire Court within the Plat of Riverview Estates, and moved its adoption. Motion carried unanimously. A recess was taken at 8:42 p.m. The meeting re-convened at 8:52 p.m. Regarding BDM, LLC property located at the southwest corner of Vierling Drive and Heather Street, Michael Leek explained that the original application was for two variances for a multiple bay commercial structure. The Board of Adjustments reviewed the requested variances and voted 7-0 to deny the request. Michael Leek said that much of the discussion focused on the fact that there is an alternative for placement of the structure. The applicant has since revised the plan and is now requesting a 38' variance as opposed to a 45' variance on the north and eliminating the variance request on the west side. George Daniels, BDM LLC, approached the podium and stated that an error was made in planning this development. He said that the Sand Company purchased the eight acre residential parcel and supports their position. Official Proceedings of the January 5, 1999 Shakopee City Council Page -4- Jay Lyle, 1463 Sage Court, approached the podium and explained that he had done some research regarding variances, hardships and reasonable use. He said that in his opinion, a hardship does exist because of the unique condition. He said the request in relation to the placement of the building is in the spirit of what a variance should be. A discussion ensued regarding similarities of this situation with the AmCon variance. Michael Leek stated that this analogy was brought to the attention of the Board of Adjustments. He said that similar findings could be drafted, relating to this variance if the Council desires. Cncl. Sweeney explained that the difference between a P.U.D. and this project is that the City gets something in exchange for a P.U.D. such as open space. He said that the City is allowing P.U.D. style variances throughout the area and not getting anything in exchange. He explained that the Sand Co. parcel was originally intended to be developed as part of the Daniels parcel, and that he anticipates many more variance requests with this project. He cautioned that the Council needs to be more sensitive to piece meal development that creates a P.U.D. without benefit to the City. Link/Amundson moved to approve the appeal request of BDM, LLC for a 38 foot variance to the north property line and directed staff to draft a resolution consistent with that determination and to draft the proposed conditions. Motion carried unanimously. Cncl. Link stated that he would be abstaining from discussion and voting on the Genuine Parts Company(NAPA) Variance Appeal and left the Council Chambers. Sweeney/DuBois moved to remove the appeal of Variance Resolution No. PC 98-114 (Genuine Parts Company(NAPA) from the table. Motion carried unanimously. Michael Leek explained that the request is for a 6.65 foot side-yard setback variance for property along Marschall Road south of the Snyder Drug store. This item was previously tabled to allow the applicant time to explore with their Corporate headquarters, what their response would be if the variance is denied. John Rancy, representing Genuine Parts Company(NAPA), approached the podium and provided a handout, in answer from the Director of Real Estate and Construction. To address the building layout, he said that a width of 72 feet wide is the most workable layout for the project. A narrower building does not work as well as the sales area begins to take on a bowling alley appearance. He said a width narrower than 72 feet is strongly opposed. Referring to the layout, he said the building was moved back to allow for two parking rows in front. He said that visibility is key as proximity to the roadway brings some familiarity to potential customers. John Rancy continued to explain NAPA's position and the importance of this project. He said if the variance is not granted the company will have to reconsider whether the proposed site would Official Proceedings of the January 5, 1999 Shakopee City Council Page -5- be suitable for a NAPA parts store. He said it was his opinion that the site plan is unacceptable without the variance. He said that reducing the building to less than 72 feet would make it less than an ideal building. He said that Scott County is looking to purchase the building in which they are currently located and if a suitable site cannot be found they may need to look elsewhere. Mr. Rancy offered an alternative to the requested variance, stating that if the City waives the 20' x 20' drive aisle requirement the variance could be reduced from 6.65' to 3.65', and if a 18' parking stall is used it could be reduced further to 2.65'. However, he said this is not the optimum situation. He said he believes that the proposed NAPA store is a win/win proposition for the City and the company, and requested approval of the variance. He stated that there were no objections to this variance by the property owners in the area. Cncl. Sweeney suggested that staff look at reducing the side-yard, front-yard and back-yard setbacks for commercial areas as so much time is spent discussing these. He said staff should know what the minimum setback requirements are that allow for viable commercial development. Sweeney/DuBois moved to approve the Appeal request overturning the Board of Adjustment and Appeals' decision and directed staff to draft a resolution consistent with that determination. Motion carried 3-1 with Mayor Brekke opposed and Cncl. Link abstaining from the discussion and vote by having left the Council Chambers. Sweeney/DuBois moved to direct staff to review the setback requirements in commercial areas. Motion carried unanimously, Cncl. Link absent. Councilor Link returned to his seat at the Council table. DuBois/Link moved to approve the Job Description for the Facilities Maintenance Worker and to authorize the appropriate City officials to utilize Scott county Personnel Department to advertise and process the applications for the position of Facilities Maintenance Worker at a starting rate of $23,587.00. (Motion carried under the Consent Agenda.) DuBois/Link offered Resolution No. 5046, A Resolution of the Shakopee City Council Authorizing Execution of a Grant Agreement for the Community Oriented Policing Services (COPS) Overtime Grant, and move its adoption. (Motion carried under the Consent Agenda.) DuBois/Link moved to direct that Mayor Brekke sign a letter to be sent to the State legislature in support for the repeal of the law sunsetting the Minnesota Municipal Board. (Motion carried under the Consent Agenda.) DuBois/Link moved to direct that Mayor Brekke sign a letter to be sent, on behalf of the Council, indicating its support for the Murphy's Landing legislative issues. (Motion carried under the Consent Agenda.) [Initiatives for the 1999 Legislative session: 1) obtain $110,000 as recom- Official Proceedings of the January 5, 1999 Shakopee City Council Page -6- mended by the Legislative Commission on Minnesota Resources, which is needed for the construction of a boat and ferry landing, a barrier-free trail, and the restoration of two acres of prairie, and 2) renew a $90,000 grant awarded to Murphy's Landing through the Department of Children, Families, and Learning.] Mark McNeil explained that in the past, the Mayor has recommended specific liaison appointments, and the Council has then endorsed the Mayor's recommendations and affirmed the actual appointments. The Mayor recommends the same appointments as were made for 1998 with two changes, that Deb Amundson be elected as President for the Economic Development Authority, and that Robert Sweeney fill in in the absence of the Mayor for 1999. Liaison to the Scott County Board of Commissioners will be shared by Cncl. Sweeney and Cncl. Link. The Scott County Water Management Organization was added with Cncl. Sweeney as the liaison. (It was noted that Cncl. DuBois is serving on the temporary committees of League of Minnesota Cities Railroad Task Force, and the Downtown Revitalization Committee.) DuBois/Amundson moved to affirm the 1999 Liaison appointments for the City Council, as recommended by the Mayor. (CC Document No. 267) Motion carried unanimously. DuBois/Link offered Resolution No. 5048, A Resolution Designating Mark McNeil as the Director and Paul Snook as Alternate Director to the Suburban Rate Authority, and moved its adoption. Sweeney/Link moved to amend Resolution No. 5048 Designating Paul Snook as the Director and Mark McNeill as Alternate Director to the Suburban Rate Authority. Motion carried unanimously. Motion carried unanimously on Resolution No. 5048, as amended. Mayor Brekke recommended a number of changes in the objectives and procedures for the City Council meetings for 1999. He recommended that the liaison reports be moved on the agenda to a position after the public hearings, and that Liaison Reports be limited to just liaison reports. He recommended that comments from interested citizens be limited to five minutes per person/subject, and that longer presentations be scheduled through the City Clerk. He also recommended that Councilmembers remove themselves from the Council table for the discussion and vote on issues that appear to present a potential conflict of interest. Sweeney/Amundson moved to endorse the City Council meeting objectives and procedures as outlined in the December 30, 1998, memo from Mayor Brekke. Motion carried unanimously. (CC Document No. 266) DuBois/Link moved to designate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 1999. (Motion carried under the Consent Agenda.) Official Proceedings of the January 5, 1999 Shakopee City Council Page -7- DuBois/Link offered Resolution No. 5047, A Resolution Amending Resolution No. 5034, Which Adopted the 1999 Pay Schedules for the Officers and Non-Union Employees of the City of Shakopee, and moved its adoption. (Motion carried under the consent Agenda.) DuBois/Link moved to approve the "Assignment and Assumption of Developer's Agreements" between the Minneapolis Foundation and Arcon Development Inc. for certain property in Southbridge 1st Addition and authorize the execution of the "Consent and Release". (Motion carried under the Consent Agenda.) DuBois/Link moved to authorize the City Clerk to release the letters of credit from the Minneapolis Foundation for certain property owned by the Minneapolis Foundation in Southbridge 1st Addition upon the receipt of letters of credit from Arcon Development Inc. (Motion carried under the Consent Agenda.) ndson moved to adjourn to January11, 1998 at 4:00 p.m. Motion carried weene /Amu S J Sweeney/Amundson The meeting was adjourned at 9:55 p.m. tt, ,L/±k c . k ith S. Cox 'ity Clerk Esther TenEyck Recording Secretary CITY OF SHAKOPEE Memorandum PONSENT TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: February 25, 1999 Introduction and Background Attached are print outs showing the division budget status for 1998 and 1999 based on data entered as of 02/25/99 . Also attached is a regular council bill list for invoices processed to date for council approval. Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191) and Seagate (codes 6654 & 9450 including Canterbury Drive) in the amount of $80 . 00 . Also included in the check list but under the control of the S.W. Metro Drug Task Force (code 9825) are checks in the amount of $14, 288 .41 . Action Requested Move to approve the bills in the amount of $206, 625 . 61. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 12/31/98 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 -o 0 11 MAYOR & COUNCIL 75,330 3,213 67,524 90 12 CITY ADMINISTRATOR 225,000 22,506 176,306 78 13 CITY CLERK 182,430 23,764 177,600 97 15 FINANCE 326,090 29,945 307,060 94 16 LEGAL COUNSEL 263,500 20,072 244,918 93 17 COMMUNITY DEVELOPMENT 512,700 81,985 520,617 102 18 GENERAL GOVERNMENT BUILDINGS 148,390 17,313 111,758 75 31 POLICE 1,812,370 157,866 1,689,440 93 32 FIRE 486,860 53,872 453,576 93 33 INSPECTION-BLDG-PLMBG-HTG 261,400 29,187 253,465 97 41 ENGINEERING 417,790 45,564 406,617 97 42 STREET MAINTENANCE 1,213,580 95,649 974,327 80 44 SHOP 125,890 17,062 113,656 90 46 PARK MAINTENANCE 430,960 37,025 390,557 91 91 UNALLOCATED 2,226,799 1,829,547 2,204,374 99 TOTAL GENERAL FUND 8,709,089 2,464,570 8,091,794 93 17 COMMUNITY DEVELOPMENT 485,570 79,194 426,387 88 TOTAL TRANSIT 485,570 79,194 426,387 88 19 EDA 156,600 54,125 131,668 84 TOTAL EDA 156,600 54,125 131,668 84 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 02/25/99 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 74,080 4,796 13,021 18 12 CITY ADMINISTRATOR 219,200 15,979 24,202 11 13 CITY CLERK 201,220 15,687 23,059 11 15 FINANCE 348,770 30,711 42,521 12 16 LEGAL COUNSEL 269,000 8,634 44,649 17 17 COMMUNITY DEVELOPMENT 751,720 36,115 52,197 7 18 GENERAL GOVERNMENT BUILDINGS 232,230 6,491 15,880 7 - 31 POLICE 1,930,119 - 117,058 213,932 11 32 FIRE 618,420 13,008 46,016 7 33 INSPECTION-BLDG-PLMBG-HTG 326,710 20,863 34,216 10 41 ENGINEERING 507,620 32,786 52,250 10 42 STREET MAINTENANCE 827,730 39,343 84,041 10 44 SHOP 145,330 13,433 18,265 13 46 PARK MAINTENANCE 487,090 18,592 34,528 7 91 UNALLOCATED 594,550 -16,431 77 0 TOTAL GENERAL FUND 7,533,789 357,063 698,852 9 17 COMMUNITY DEVELOPMENT 500,630 16,608 24,490 5 TOTAL TRANSIT 500,630 16,608 24,490 5 19 EDA 403,170 6,667 9,155 2 TOTAL EDA 403,170 6,667 9;155 2 H 0 ro a, H H HHH H HH H H H 0000 0 0 0 0 0 0 0 x PG W OW clIXz 0 z M M M W Ul U)U) to N U M 0)0)0) mo o1 H 00 H U) U) '.O'1.0 0)O) O) ''t0 t0 N I N t0 O U) M HHH \\ \ NNNN N 0) 0) M � 0) r 00 co co to t0'to op co to o to 0) co Z t0 "Cr N N N N HH H N N W t0 W t0 N M Ul 0) O U) O H U) C4 AAA 0 \\ \ 0 0 0000 N 0 00 t0 N d' M t0 0 44 W G4 d' N N N d' .l 0000 N U) 0) M t0 N t0 N O d,Ul0) 07 HH M 00 00 HHHH 0 0 0 H 0 0 0 H r N 000000 N 0000 00 NN N N N N 0) d' 0) in 0) U1 Za H '.0 HHH H HH H H H MMMM M N M d' N MN W N M N N N N NN N N N d'd'd'V' Vd' d' M d' d' vi OI i i i i i i 1 i i i I I I I I U N H ('4C4('4 N N N N N N ri r-I H 00 H Hd' H HH H O H til HHH H HH H H H N N M U) N H N d' N H d' 0) H MOM 0) 0)0) O) 0) 0) H M M M M W M r M d' d' O O 000 O 00 O O O 0000 O O O O O O O H H H 0 W Z a H M U P4 0 (I) rd H �a H z H z Zai \ \ H \ 00 Hff a r� N a W W 0 _ X Z U W .Z U O a 0 A� a1) HH CO Z a H CO W m CO �a W UM HU) W W W Z W CO 0) A 4 I ZQp, corn WWWW Z Z Z H Z � ZZZZ Z z Z cf) C.7 Z ,-I a a W W (1) co a' o CO 0000 W W W 4 Z W t1-1 qxb NM 0 ]C]C]Cx a Z Gd 3 H ( CO C) W z .,.{ CON I aaaa W at W A W W a', U W U m to HO co 0) d' W W W W W H W Q H Z 0 44 C w a CO p,CO 4J to HH N 0 a' 0000 Z D Z i WH MH M 00 Ul M M WWWW 0 01 0 0 W 4 X AZp d' oo N N N HHRH U W U >+ CO U Z NFt N Cll UM U C11 d' PH 0000 U Z 9 MLA HHHH Z a W 0 zOUU a)zZ 0 44 WWWW CO r.1) U1 HZ HHH H as �U)U]U) W CO U Z 0 H CO UO CO CO HH M W M W c0 Z >� H H H 74 O UUU Z 00 WWWW Z Z H x ' 4 r)) q z a >>941 aw H H aWWWw z H COE. 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L1) CO CO N 01 0) t? N 01 c1' N N CO- 01 H 01 d' N H 10 t? t? t? S N In 0) U) 01 -f''1 U) CO d' M l0 01 H CO- CO- 1') co- (0- H H t/)- O t? CO- t/)• t/f t? N (0- A W >1 >1 C4 H H Z Z H H Z• w w Z eH a a a w E-L '7Lrm. - 0• H H z� RS a Z 44 CO H P 0 a H H >4 g WH O a HQ H H W E.4 F 3 U] CO (21 • El q H H £ W W 0 Z o H d' H a) H pG 0 p$ X i1; 1.11 01 L34 01 U] 01 W R$ O G4 U U W (14 A al 0) i0 01 H Z Z El W 111 3 Cl) • U 0 H W H U H W c-1 H A CO CO pS 114 CO W W .�. H d' U) i'') H N CO 01 0 c-L 0 0 0 0 U1 0 U 0 H H H N co d' 'd' U) U) c-1 M d' U) N W O H H M V' d' d' d' d' d' N N N N a) CO1t it it it it it it it it it it it St it it it REEREER : EEOREnnE L=. 44 fs. 4. 44 44 f=4 1c. w 14 w w w r. G4 r /01 /9. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Tobacco Regulations DATE: February 23, 1999 INTRODUCTION: City Council is asked to consider adopting the attached ordinance amending the current tobacco regulations. BACKGROUND: On June 2, 1998, the City Council conducted a public hearing on amending the City's tobacco regulations. After making changes to a draft ordinance, modeled after the Scott County ordinance, staff was directed to prepare a final ordinance for Council consideration. On June 16, 1998, City Council adopted Ordinance 519 setting forth the current tobacco regulations and repealing those adopted in 1995. During the discussions on amending the tobacco regulations, staff was contacted by an individual interested in coming into Shakopee and opening a tobacco store. That individual was questioning whether or not all tobacco products must be behind a counter when the whole store would be dealing with tobacco products. He was advised that the Scott County tobacco ordinance being discussed did in fact have an exception for establishments that only sell tobacco related products and who prohibit anyone under eighteen (18) from entering the establishment unless accompanied by a parent. It was anticipated that this language would be incorporated into the City's ordinance. For whatever reason, that language was not incorporated into the new City tobacco ordinance. Based on the understanding that the previously mentioned exception was in place, a second individual interested in opening up a tobacco store in Shakopee was advised that he did not have to have all of his tobacco related products behind a counter as long as anyone under eighteen (18) was prohibited from entering the establishment. There are currently two licensed tobacco establishments in Shakopee that restrict their patrons to persons over 18 and who sell self-service tobacco merchandise. Tobacco Regulations February 23, 1999 Page -2- During a recent tobacco compliance check it was brought to staff's attention that these establishments are not in compliance with the City code which does not allow self-service merchandising of tobacco products. Both State law and Scott County do provide for an exception to the prohibition of self-service merchandising for establishments that sell only tobacco-related products and limit access to persons over eighteen (18) years of age unless accompanied by a parent. On January 19, 1999, this was brought to the attention of City Council. At that time a public meeting date was set for March 2, 1999, to consider amending the City's tobacco regulations. The Tobacco Warehouse, located in the new City Center, also sells T-shirts, magazines and cappuccino. They have asked that the exception/amendment not be limited to exclusive tobacco stores. Instead, they have asked that the amendment allow self service merchandising in establishments that derive at least 90% of their sales from tobacco-related products. This language would actually be consistent with State law. The Scott County ordinance is more restrictive because its exemption for self-service sales only applies to stores that sell nothing other than tobacco related products. Valley Liquor, located in the Shakopee Town Square, has also asked for an exception to allow self-service merchandising of cigars. They desire to locate their cigars on their counter for their customers to see. State law does allow this exception permitting self-service merchandising of "cigars". The attached ordinance is drafted to accommodate the requests of the owners of both Tobacco Warehouse and Valley Liquor. Pursuant to the City Code, all tobacco licensees were provided 30 days notice that the City Council would be discussing amendments to the tobacco regulations at their meeting on March 2, 1999. In addition to the two previously mentioned amendments, the licensees were notified that City Council would also be considering a change that would only require the thirty days mailed notice when there is a substantial amendment being proposed. ALTERNATIVES: After hearing comments from interested parties: 1. Adopt the ordinance as drafted. 2. Amend the ordinance and adopt it as amended. 3. Table for additional information. Tobacco Regulations February 23, 1999 Page -3- RECOMMENDED ACTION: If City Council desires to amend the current tobacco regulations as drafted: Offer Ordinance No. 542, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 6, Other Business Regulation and Licensing, Sec. 6.23, Tobacco, Subd. 7. Self-Service Merchandising and Subd. 15. Amendment, and move its adoption. arytic ' e) ''17 ((;)/: JudS. Cox, Ci Clerk i:\clerk\judy\cc-memos\march-99\tobacco.exc NOTICE Notice is hereby given that the Shakopee City Council will be holding a public meeting on Tuesday, March 2 1999, at 7 : 00 p.m. , or thereafter, in the Council Chambers of City Hall at 129 Holmes Street South to consider amending the City Code, Section 6.23 relating to tobacco. The purpose of the meeting will be to consider amending the City' s tobacco regulations. The proposed amendments include: 1) to allow self service merchandising in establishments that derive 90% of their sales from tobacco- related products, if persons under eighteen (18) years of age are prohibited from entering the establishment unless accompanied by a parent, 2) to allow self service merchandising of cigars in off sale intoxicating liquor establishments, 3) to change the requirement that all tobacco retailers receive thirty days mailed notice of proposed amendments to the tobacco regulations so that mailed notice is only required when there is a substantial amendment proposed. Comments from interested persons concerning this matter will be taken during this meeting. Dated this 29th day of January, 1999. Judith S. Cox City Clerk h:\clerk\judy\tobacnot Feb-24-99 03:54pm From-KENNEDY & GRAVEN +3379310 T-829 P.02/02 F-543 ORDINANCE NO. Sys;FOURTH SERIES AN ORDINANCE RELATING TO THE SALE OF TOBACCO, TOBACCO PRODUCTS, AND TOBACCO RELATED DEVICES AND AMENDING PORTIONS OF SECTION 6.23 OF THE CITY CODE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,ORDAINS: Section 1 - Section 6.23 , Subd.7 of the City Code of Shakopee is amended to read: Suhd. 7. Self-Service Merchandising. It shall be unlawful for a licensee to allow the sale of tobacco, tobacco products or tobacco related devices through self-service merchandising. All tobacco, tobacco products and tobacco related devices shall either be stored behind a counter or other arca not freely accessible to customers without the intervention of a store employee. This subdivision shall not apply to retail stores that derive at least 90 percent of their revenue from tobacco, tobacco products or tobacco related devices and which cannot he entered at any time by persons younger than 18 years of age unless accompanied by a parent. This subdivision shall not apply to self-service merchandising of cigars at an establishment holding an off-sale intoxicating liquor license. Section 2—Section 6.23, Subd. 15 of the City Code of Shakopee is amended to read: Suhd. 15. Amendment. The city clerk shall make reasonable efforts to send the Scott County Community Health Services and all tobacco retailers thirty days mailed notice of piked-mend the City's intention to consider a substantial amendment to this Section. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk irc-i58707 SII15S-23 Valley Miner 1102 Shakopee Town Square♦Shakopee,MN 55379 Phone 445-5211 January 19, 1999 City of Shakopee 129 Holmes St. Shakopee, MN 55379 Dear Mayor and CityCouncil, y After some lengthy conversations with a council person and Judy Cox I've been informed of your intent to amend the local tobacco ordinance because of the"so called"tobacco stores. I respectfully request that you would include the local Off Sale liquor stores in the amendment because of their adult or 21 year old and older status. Thank you for your consideration in this matter. Sincerely, John Bernstein owner, Valley Liquor Inc. AN' 191999 CITY OF SHAKOPEE PAGE A4•STAR TRIBUNE SATURDAY,FEBRUARY 27.1999 Health ' 'of f icialsp ush for labels detailing the risks of cigars The surgeon general argues that requiring , such labels on cigarettes but not cigars sends the wrong message. ti Associated Press M,n WASHINGTON,D.C.—Cigars are as deadly as cigarettes and are James Beckwith kicked back at Up widely used by teenagers yet face In Smoke in Dallas.With a prolifera- virtually no federal regulation, tion of cigar bars and high-profile government health officials said celebrity cigar smoking,the number Friday,recommending a manda- of smokers rose 50 percent be- tory national warning label for the tween 1993 and 1997. first time. Requiring health warnings on cigarettes and smokeless tobacco ondhand smoke. but not cigars sends the wrong Regular cigar smokers greatly message, said Surgeon General increase their risk of mouth,throat David Satcher. and lung cancer,the report found. "The absence of labels on ci- Satcher and others say a warn- gars implies cigars are different ing label alone will not do much and don't carry the same risk,"he unless it is part of a larger effort to said. shift cultural attitudes.He is work- Top officials at the Health and ing on a public awareness cam- Human Services Department paign on the dangers. hope the report by its inspector In fact, beyond labels, the in- general will push another agency, spector general's office recom- the Federal Trade Commission,to mended that Satcher develop an require such warning labels.The action plan for educating the pub- FTC has been considering the lic about cigars, which have matter since last April but has yet enjoyed a renaissance in the 1990s to announce a decision. after years of public scorn. The FTC has the power to re- "The solution is cultural.It re- quire the labels on its own,but it quires a change in our way of plans to report to Congress on the thinking about this,"said George issue this spring. Most boxes Grob, a deputy inspector general already include a label required at the Health and Human Services under a settlement of a California Department who supervised the court case. report. "Why do you need another The inspector general also re- one?"asked Norman Sharp,pres- leased a second report based on a ident of the Cigar Association of series of focus groups with young America. people: About one in five of the Critics respond that the Cali- teenagers in the groups acknowl- fornia labels are not strong edged having smoked a cigar in enough or consistently used. the past month, and half the Satcher has been urging the smokers said they planned to FTC to require labels for some smoke again. time."It's frustrating that we have It is illegal to sell cigars to not made more progress on this minors in all 50 states, but the issue,"he said. inspector general found that state Many cigar smokers discount enforcement of these laws is un- the health risks. even and generally nota high pri- "I often think of them as pro- ority. ducing less risk in terms of lung "Cigar use appears to be'in- cancer than with cigarettes,"said creasing in popularity. among Michael Burnstein, 30, of New teens,"the report concluded:," York City,who quit smoking ciga- Government surveys ,;.have rettes but still enjoys an occa- found varied results on teen; jgar sionalcigar.t 4 i:A`` use. One, In 1997, fot't1dl` i. ler- Montgomery Kosma,31,an at- cent of high school studentssay- torney from Annandale,Va.,also ing they have smoked a cigar in smokes a cigar every few weeks. the last month.A different survey He figures he and other smokers the same year found 5 percent of can evaluate the risks on their 12-to 17-year-olds saying that. own. There is no question, though "Most of the upsurge [in cigar that cigar smoking is on the rise. smoking] is people who are fairly With a proliferation of cigar bars well educated and don't need a and high-profile celebrity cigar paternalistic human service agen- smoking,the number of smokers cy coming and telling them what rose 50 percent between 1993 and to do and making them feel guilty 1997,the government says. for what they do,"he said."It's like But the cigar industry main- anagging mother who is com- tains that cigar smoking among pletely unreasonable." teens is rare. The National Cancer Institute The warnings required in Cali- last year reported that although forma are on boxes,not individual cigar smokers inhale less smoke cigars,and it's unclear what fed- than cigarette smokers,cigars can eral regulations might require. be just as toxic because they con- The California label says the tain up to 90 times as much of product "contains/produces some carcinogenic elements as chemicals known to the state of cigarettes.And with higher quan- California to cause cancer and tities of such toxirn,cigars can cre- birth defects and other reproduc- ate even more, harmful sec- tive harm." q• CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Preliminary Plat of Dublin Square Addition James.E. Allen(Applicant) DATE: March 2, 1999 Discussion James. E. Allen is requesting Preliminary Plat approval of Dublin Square Addition. The subject site is located south of US 169, east of Marschall Rd.,north of 17th Ave. extended, and immediately east of"Longmeadow Addition" (see Exhibit A). A copy of the February 4th, 1999 Planning Commission report is attached for your reference. Alternatives 1. Approve the Preliminary Plat of Dublin Square Addition, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Preliminary Plat of Dublin Square Addition, and approve subject to the revised conditions. 3. Do not approve the Preliminary Plat of Dublin Square Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission recommended the approval of the Preliminary Plat of Dublin Square Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5063, a Resolution Approving the Preliminary Plat of Dublin Square Addition, subject to conditions, and move its approval. i:'oommdeocc11999\cc0302'dubsq-pp.doc RESOLUTION NO. 5360 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT OF DUBLIN SQUARE ADDITION WHEREAS, James. E. Allen is the applicant and contract for deed owner and Gregory J. Kerkow and Gary E.Kerkow are owners of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: That part of the North Half (1/2) of the Northeast Quarter (1/4) of the Northwest Quarter (1/4) of Section 17, Township 115, Range 22, Scott County, Minnesota, lying northerly of the south 50.00 feet and southerly of the north 33.00 feet thereof; and WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of Dublin Square Addition on February 4th, 1999, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Preliminary Plat of Dublin Square Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets (both public and private) in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, Sanitary Sewer Trunk Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 3. The applicant shall provide the City with names for the private streets to ensure compliance with city street naming policies. 4. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 5. A Common Interest Community(CIC)plat shall be filed for this project. 6. All necessary easements, including drainage and utility easements, ponding easement and access easements to ponding areas, shall be indicated and dedicated in the revised site plan and plat as required by City Code and according to the City Engineer. 7. The City shall require the submission of a landscaping bond in the amount equal to 115% of the value of the landscaping materials to ensure compliance and completion of plantings. B. The following conditions shall apply after the filing/recording of the Final Plat: 1. Park Dedication fees are due at $1,000/unit, and may be deferred until issuance of building permits. If deferred, fees will be adjusted to reflect the current City's adopted Fee Schedule at time of building permit application. 2. Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. 3. Building construction, sewer and water services, fire protection and access shall be reviewed for code compliance at time of building permit application. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti, Planner I SUBJECT: Preliminary Plat of Dublin Square (tabled from January 7, 1999 PC Meeting) MEETING DATE: Febniary 4, 1999 Site Information: Applicant: James E. Allen Property Owner: Gregory J.Kerkow&Gary E.Kerkow Location: South of US 169, east of Marschall Rd.,north of 17th Ave. extended, and immediately east of"Longmeadow Addition" (Centex Homes) Current Zoning: Medium Density Residential(R-2)Zone 1995 Comp. Plan: Medium Density Residential Area: 17.68 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Preliminary Plat and Site Plan Exhibit C: City Engineer's Review Introduction: Mr. James Allen is requesting Preliminary Plat approval of Dublin Square. This proposal was initially submitted for the Commission's review at the January 7th PC meeting, and tabled to allow the developer to revise their site plan. The general location is depicted on the attached map(Exhibit A). Discussion: This development has been reduced from the originally proposed 167 townhouse units to 150 units. The revised site plan indicates 40 separate lots, each developed with multi-family townhouse buildings varying from 3 to 4 dwelling units. This meets the maximum allowed under the R-2 zoning district. This site will be served with a network of public and private streets. Density for this site is indicated at 8.89 units per acre, which meets City Code requirements of 5-11 units per acre(Exhibit B). This development proposes a new public road off 17th Avenue identified as"Dublin Lane." This road section meets City requirements, and all connections appear adequate. The development also proposes the use of private streets as an internal roadway system. All private streets identified in the site plan appear to meet the 28 feet face to face requirement. All private roads will need to be named and approved by the City Planning Department. Due to the inclusion of private streets, the City will require the applicant to file a Common Interest Community(CIC)plat for this development. The City Engineering Department has reviewed this request and has provided comments. These comments are attached(Exhibit C), and shall be made part of the conditions for plat approval. Park dedication fees shall be assessed at $1,000/unit for each unit. These fees can be deferred to time of building permit application, and will be assessed according to the current City Fee Schedule at time of building permit application. The applicant has submitted a landscape plan for this development. The plan indicates 236 units are required, with 287 proposed for planting. Landscaping requirements will be reviewed at time of building permit reviews. The City shall require the submission of a landscaping bond in the amount equal to 115% of the value of the landscaping materials to ensure compliance and completion of plantings, per City Code Sect. 11.60, Subd. 8. The Building Official has commented that building construction, sewer and water services, fire protection and access shall be reviewed for code compliance at time of building permit application. Because the applicant has indicated to Staff these units will be owner-occupied, individual sewer and water services will be required. The Fire Chief is recommending that any private roads over 150 feet be served with a turn-around or cul-de-sac for emergency vehicle access. It appears that the current design will not require these turnarounds. Finance Department has indicated to Staff that $131,264 of pending assessments exists on the subject parcel. City Engineering Dept. will reapportion this assessment over the entire parcel after final platting. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Dublin Square, subject to the following conditions; a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets (both public and private) in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, Sanitary Sewer Trunk Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. iii) Park Dedication fees shall be assessed at $1,000/unit, and will be deferred until issuance of building permits. This fee will reflect the current City's adopted Fee Schedule at time of building permit application. iv) The applicant shall provide the City with names for the private streets to ensure compliance with city street naming policies. v) The City shall require the submission of a landscaping bond in the amount equal to 115% of the value of the landscaping materials to ensure compliance and completion of plantings. vi) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. vii) Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. viii) A Common Interest Community(CIC) plat shall be filed for this project. ix) All necessary easements, including drainage and utility easements, ponding easement and access easements to ponding areas, shall be indicated and dedicated in the revised site plan and plat as required by City Code and according to the City Engineer. 2. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Dublin Square. 3. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends Alternative No. 1, the approval of Preliminary Plat of Dublin Square, subject to the above conditions. Action Requested: Offer a motion recommending to the City Council the approval of Preliminary Plat of Dublin Square, subject to the above conditions. Tim Benetti Planner I i:\commdev\boaa-pc\1999\0204\dubsgpp2.doc City of Shakopee Memorandum TO: Tim Benetti,Planner I FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Dublin Square-Preliminary Plat DATE: January 7, 1999 After reviewing the application submittals,I have the following comments for the Planning Department, and for the applicant: Streets The street layout within the development consists of a public street(Dublin Lane) and private streets serving the various lots. Because some lots do not abut a public street, those lots that abut only a private street must be within a Common Interest Community(C.I.C.) Because of the lengths of some of the "no outlet"private streets,the Fire Department may require turn arounds. Although there is no street connection to the east, it appears as though there is a 66 foot wide strip of land adjacent to,and north of the proposed development. Attached is a rough street which shows how the adjacent properties would connect to the proposed development. Note that a future street would be constructed within at least a portion of this 66 foot wide strip. If this strip of land is owned by the City, and the road can be constructed within it, it appears this layout would be appropriate. If this land is not available for building a future road, then the Planning Commission and City Council may want to see another connection to the east. In regards to the costs of constructing a street within the 66 foot wide strip, these costs should be split between the developer of Dublin Square,and a future developer of the property north of Dublin Square. The City Council may want require the developer to sign a petition and waiver for these future improvements, and/or require some financial guarantee for the improvements. Easements There are some easements shown on the preliminary plat drawing submitted. However,there appears to be no easements for the ponding area,or easements in the "common"areas. Easements must conform to the City's design standards. EXHIBIT C Sanitary Sewer/Water The final construction plans for the utilities need to be approved by the City Engineer. The sanitary sewer layout may require revisions,in order to reduce the number of connections to the City's Trunk Sanitary Sewer. Pedestrian Way A bituminous trail is proposed along Dublin Lane. Does this trail fit into the City's trail plan? If it is desired,additional right-of-way (or trail easement)should be dedicated, so that there is more room in the boulevard. Grading Plan/Erosion Control/Storm Sewer Storm sewer rates must be held to 0.3 cfs per acre. Using 17.7 acres,the peak discharge rate for a 100-year storm must be held to less than,or equal to, 5.3 cfs. Applicant is required to provide calculations for existing storm runoff rates. 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AIb W u .. 1='1 Zo-'12 i rn R 23 2 ' M P zzFio rM ke �t2�'i A 0 g Ig o rn m Ao IO , P 4co 58y2g1 �ACD +2580 �> Z I 1 1 22 o � P V u 8843X vSN v N�;< ;r1IA I I I r.;I �11I I1.i,;, 44 ,py1 fL -( ppi A,.l1 i,I H1111111111Y E1Or-f-- 1 1! a UgN � '= v OWi mZD Z mV t9 p SS ger to-- ;+ v acti,-in z'Em= ozCI ,r„,P{Z� a)>r 61 1111&1 8� C 2 �d �, �10 i 9 ozr„,g i2 zalo c� Ilk illi 1 PV am,n o rn to p i M$5. ,„1 zci a= I I i1 o mOy � >Cv m rno A SI ~ m y r�i u, 0° �, 9n> y a'z•P 6 LuAil t Ao . . 78 C� A J�J S°e o o° g ;IA " L� m e 11'4- ^ z000 > fir• z N In {o Y t m vI'li r, ( 'IS S !W 1.7 1 N9 mob i R.<om$ 1 REVISED 14.A CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Preliminary Plat of Dublin Square Addition James.E. Allen(Applicant) DATE: March 2, 1999 Introduction James. E. Allen is requesting Preliminary Plat approval of Dublin Square Addition. The subject site is located south of US 169, east of Marschall Rd., north of 17th Ave. extended, and immediately east of"Longmeadow Addition" (see Exhibit A). A copy of the February 4th, 1999 Planning Commission report is attached for your reference. Considerations The Planning Commission recommended an added condition that due to the plat's proximity to 17th Avenue, a noise mitigation study be conducted by the applicant prior to City Council review. Staff noted that French Trace (located southeast of this proposed plat) required a study, and the results from that study concluded minimal noise impact from the roadway. Previous plats of Weston Ponds and Longmeadow were not required to submit a noise study. Staff suggests City Council to review and discuss this condition of approval. Alternatives 1. Approve the Preliminary Plat of Dublin Square Addition, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Preliminary Plat of Dublin Square Addition, and approve subject to the revised conditions. 3. Do not approve the Preliminary Plat of Dublin Square Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission recommended the approval of the Preliminary Plat of Dublin Square Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5063, a Resolution Approving the Preliminary Plat of Dublin Square Addition, subject to conditions, and move its approval. i:\conundev\cc\1999bc0302\dubsq-pp.doc RESOLUTION NO. 5360 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT OF DUBLIN SQUARE ADDITION WHEREAS, James. E. Allen is the applicant and contract for deed owner and Gregory J. Kerkow and Gary E. Kerkow are owners of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: That part of the North Half (1/2) of the Northeast Quarter (1/4) of the Northwest Quarter (1/4) of Section 17, Township 115, Range 22, Scott County, Minnesota, lying northerly of the south 50.00 feet and southerly of the north 33.00 feet thereof; and WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of Dublin Square Addition on February 4th, 1999, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Preliminary Plat of Dublin Square Addition is hereby approved subject to the following conditions: A. The following procedural action must be completed prior to review by the City Council: 1. The applicant is required to conduct a noise impact study. If sound levels exceed 70dB, the developer shall mitigate said noises and provide buffering to the development. B. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. RESOLUTION NO.5360 PAGE 2 OF 3 c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets (both public and private) in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, Sanitary Sewer Trunk Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 3. The applicant shall provide the City with names for the private streets to ensure compliance with city street naming policies. 4. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 5. A Common Interest Community(CIC) plat shall be filed for this project. 6. The developer shall install a trail or sidewalk per City Staff's discretion and approval along one side of Dublin Lane. 7. All necessary easements, including drainage and utility easements, trail easement, ponding easement and access easements to ponding areas, shall be indicated and dedicated in the revised site plan and plat as required by City Code and according to the City Engineer. 8. The City shall require the submission of a landscaping bond in the amount equal to 115% of the value of the landscaping materials to ensure compliance and completion of plantings. C. The following conditions shall apply after the filing/recording of the Final Plat: 1. Park Dedication fees are due at $1,000/unit, and may be deferred until issuance of building permits. If deferred, fees will be adjusted to reflect the current City's adopted Fee Schedule at time of building permit application. 2. Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. 3. Building construction, sewer and water services, fire protection and access shall be reviewed for code compliance at time of building permit application. RESOLUTION NO.5360 PAGE 3 OF 3 BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Park Bond Referendum Date: February 19, 1999 INTRODUCTION Council is asked to review and discuss the following information and to offer, and adopt, Resolution No. 5075 which would establish a special park bond election this spring. BACKGROUND At the February 2, 1999 City Council meeting, representatives from the Parks and Recreation advisory Board and Citizens Task Force proposed the establishment of a $4 to $6 million park bond referendum. A large portion of the referendum would include an addition onto the community center. Therefore, Council requested that staff meet with its bond council (Springsted, Inc.)to provide an analysis of a $4 and $6 million bond and the impact it will have on an average house valued at $115,000 over a 20 year period. Council also asked staff to provide an Operating Pro Forma for the community center if a leisure/lap pool, fitness facility and a second sheet of ice were added. The following attachments address each of those requests. • Attachment A. - Is Springsted's schedule for a $4 million and $6 million bond issuance. • Attachment B. - Is the Operating Pro Forma for the Community Center for the year ending December 31, 1998. • Attachment C. - Is the Operating Pro Forma for the Community Center with the proposed additions for year ending December 31, 2001. The Pro Forma is based on the combination of the community center's 1998 actual amounts and the 1999 budget with an increase of 4% for each year through year 2001. The expenses for the pool operation were extrapolated from budgets supplied by other communities that have leisure/lap pools. • Attachment D. - Is a explanation of the Revenue Projections for the Community Center proposed additions including a leisure/lap pool, fitness area and a 2nd sheet of ice. • Attachment E. - Is a Construction Summary Sheet for the Community Center with the proposed additions. • Attachment F- Is a listing of the top 25 fitness centers in the Twin Cities metropolitan area. The list was compiled by City Business Magazine. • Attachment G- Is Resolution No. 5075, A Resolution determining the necessity for issuance of General Obligation Bonds and calling a special election. (Exhibit A is a blank Official Ballot.) (Exhibit B is the date and location of polling sites.) • Attachment H- Is a sample ballot for a $4 million bond. • Attachment I- Is a sample ballot for a $6 million bond. FINANCING At the February 2, 1999 meeting, Mayor Brekke expressed his desire to supplement the referendum with a 1/3 contribution or loan from other city funds. The sewer fund was used as an example. Some Councilors prefer making it a loan and that future park dedication fees be used to reimburse the other fund. DISCUSSION 1. Discuss scope of community center expansion and operations. 2. Discuss funding options for referendum and amount of bonds to be sold. 3. Discuss referendum date. i.e. April 27, 1999 or May 4, 1999 ACTION REQUESTED 1. If Council is favorable to placing on a ballot a $4 million or $6 million park bond referendum, it should, by motion, offer Resolution No. 5075, A Resolution determining the necessity for issuance of General Obligation Bonds and calling a special election thereon, and move for its adoption. 2. A second motion may be in order if Council wishes to utilize other funding sources to augment the park bond referendum. If that is indeed the case, then Council should move to allocate an additional $ of funds to the proposed referendum project (there may be other conditions added to this motion). Mark J. McQuillan Parks and Recreation Director 02 12 99 13:06 FAX 6122233002 SPRINGSTED INC. [6U01 '005 A - CM e Jr a5 E.SEVENTH P1ACE.SUITE 100 SAINT PAU4.MN 55101-2887 651-223-3000 FAX:6S1.223-3002 /1 SPRINGSTED TELECOPY INFORMATION FugerrareAdqsan February 12, 1999 We are sending 5 pages, including this cover page. If you do not receive all of these pages, please call (651)223-3000 for assistance. Thank you. To: City of Shakopee Attention: Gre!• Voxiand—Finance Director Fax#: j612)445-3856 Phone#: From: David N. MacGillivray Phone# (651)223-3068 Subject G.O. Park Bonds Notes: Original Material Will: Client Number. S0750.E4 Be sent via same day courier Be sent via overnight delivery Be sent by regular mail X Not be sent RC WP AUTH 022.12.99 13:07 FAX 6122233002 SPRINGSTED INC. Zu02 0u5 City of Shakopee, Minnesota Prepared February 12, 1999 $4,000,000 G.O. Park Bonds, Series 1999 By SPRINGSTED Incorporated Dated: 7- 1-1999 Mature: 2- 1 First Interest: 2. 1-2000 Total Year of Year of Principal 105% Levy Mat. Principal Rates Interest & Interest of Total (1) (2) (3) (4) (5) (6) (7) 1999 2001 30,000 3.50% 290,111 320,111 336,117 2000 2002 140,000 3.65% 182,178 322,178 338,287 2001 2003 145,000 3.75% 177,068 322,068 338,171 2002 2004 150,000 3.85% 171,630 321,630 337,712 2003 2005 155,000 3.95% 165,855 320,855 336,898 2004 2006 165,000 4.10% 159,732 324,732 340,969 2005 2007 170,000 4.25% 152,967 322,967 339,115 2006 2008 175,000 4.30% 145,742 320,742 336,779 2007 2009 185,000 4.45% 138,217 323,217 339,378 2008 2010 190,000 4.45% 129,984 319,984 335,983 2009 2011 200,000 4.55% 121,529 321,529 337,605 2010 2012 210,000 4.65% 112,429 322,429 338,550 2011 2013 220,000 4.70% 102,664 322,664 338,797 2012 2014 230,000 4.80% 92,324 322,324 338,440 2013 2015 240,000 4.85% 81,284 321,284 337,348 2014 2016 255,000 4.95% 69,644 324,644 340,876 2015 2017 265,000 4.95% 57,021 322,021 338,122 2016 2018 280,000 5.00% 43,903 323,903 340,098 2017 2019 290,000 5.00% 29,903 319,903 335,898 2018 2020 305,000 5.05% 15,403 320,403 336,423 TOTALS: 4,000,000 2,439,588 6,439,588 6,761 ,566 Bond Years: 51,233.33 Annual Interest: 2,439,588 Avg. Maturity: 12.81 Plus Discount: 54,000 Avg. Annual Rate: 4.762% Net Interest: 2,493,588 T.I.C. Rate: 4.878% N.I.C. Rate: 4.867% Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. V u2/12:99 13:07 FAA 6122233002 SPRINGSTEU INC. 2003/005 City of Shakopee, Minnesota $4,000,000 General Obligation Park Bonds, Series 1999 Estimated Impact on Local Taxpayers 20 Year Term '—+ Tax Estimated Rate Dollars Market Applied of Tax Value 0.038% Increase • $80,000 0.038% $30 90,000 0.038% 34 100,000 0.038% 38 110,000 0.038% 41 115,000 0.038% 43 175,000 0.038% 66 200,000 0.038% 75 500,000 0.038% 188 1,000,000 0.038% 377 NOTE: Calcualtion of tax rate per$1,000 of Referendum Market Value (RMV): Average local levy of$338,078 divided by the Payable 1999 RMV of$897,901,119=$0.38 per$1,000 of RMV * Changes in interest rates, timing or size of the bond issue may cause significant alterations of this information. • • \footer 6 I 02/12:99 13:07 FAX 6122233002 _ SPRINGSTEU INC. ( j004'0U5 City of Shakopee, Minnesota Prepared February 12, 1999 $6,000,000 G.O. Park Bonds, Series 1999 By SPRINGSTED Incorporated i Dated: 7- 1-1999 Mature: 2- 1 First Interest: 2- 1 -2000 I Total Year of Year of Principal 105% Levy Mat. Principal Rates Interest & Interest of Total (1) (2) (3) (4) (5) (6) (7) 1999 2001 50,000 3.50% 435,046 485,046 509,298 016 483 2000 2002 210,000 3.65% 273,016 ,016 507,167 2001 2003 215,000 3.75% 265,351 480,351 504,369 • 2002 2004 225,000 3.85% 257,288 482,288 506,402 2003 2005 235,000 3.95% 248,625 483,625 507,806 2004 2006 245,000 4.10% 239,342 484,342 508,559 2005 2007 , 255 000 4.25% 229,297 484,297 508,512 459 507 632 2006 2008 265 OOQ 4.30% 218,459 483, , , 2007 2009 275,000 4.45% 207,064 482,064 506,167 2008 2010 290,000 4.45% 194,826 484,826 509,067 2009 2011 300,000 4.55% 181 ,921 481,921 506,017 2010 2012 315,000 4.65% 168,271 483,271 507,435 2011 2013 330,000 4.70% 153,623 483,623 507,804 2012 2014 345,000 4.80% 138,113 483,113 507,269 2013 2015 360,000 4.85% 121,553 481,553 505,631 2014 2016 380,000 4.95% 104,093 484,093 508,298 2015 2017 395,000 4.95% 85,283 480,283 504,297 2016 2018 415,000 5.00% 65,730 480,730 504,767 2017 2019 435,000 5.00% 44,980 479,980 503,979 , 2018 2020 460,000 5.05% 23,230 483,230 507,392 TOTALS: 6,000,000 3,655,111 9,655,111 10,137,868 Bond Years: 76,770.00 Annual Interest: 3,655,111 Avg. Maturity: 12.80 Plus Discount: 81 ,000 Avg. Annual Rate: 4.761% Net Interest: 3,736,111 T.I.C. Rate: 4.877% N.I.C. Rate: 4.867% Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. li 02/1299 13:08 FAX 6122233002 SPRINGSTED INC. 005/005 City of Shakopee, Minnesota' $6,000,000 General Obligation Park Bonds, Series 1999 Estimated Impact on Local Taxpayers 20 Year Term Tax Estimated Rate Dollars Market Applied of Tax Value 0.056% Increase $80,000 0.055% $45 90,000 0.056% 51 100,000 0.056% 56 110,000 0.056% 62 115,000 0.056% 65 175,000 0.056% 99 • 200,000 0.056% 113 • 500,000 0.056% 282 1,000,000 0.056% 565 • • NOTE: Calcualtion of tax rate per$1,000 of Referendum Market Value (RMS./)_ Average local levy of$506,893 divided by the Payable 1999 RMV of$897,901,119=$0.56 per$1,000 of RMV. Changes in interest rates, timing or size of the bond issue may cause significant alterations of this information. \footer CITY OF SHAKOPEE, MINNESOTA PROFORMA OPERATING STATEMENT For the Year Ending December 31, 1998 ICE RINK COMMUNITY CENTER TOTAL REC FUND Budget Actual Budget Actual Budget Actual Operating Revenue Memberships&Adm $ - $ - $ 50,000 $ 51,941 $ 108,000 $ 135,241 Activities 1,000 35,000 21,611 136,000 119,748 Concessions 11,000 6,852 5,770 6,146 32,040 29,894 Rentals 225,000 169,454 10,700 7,934 239,700 184,219 Fees - - - - 18,000 9,408 Contributions - - - - 8,000 2,000 Miscellaneous 11,500 1,000 500 1,000 2,833 Total Operating Rev 248,500 177,306 101,970 88,632 541,740 483,343 Operating Expense 4101 FT Salaries 34,960 18,859 58,270 44,830 233,070 212,652 4102 Wages-OT - - - - 1,000 740 4110 PT Salaries 24,760 19,029 65,000 57,857 156,760 138,302 4140 PERA 1,810 1,763 3,020 2,372 12,070 11,601 4141 FICA 4,570 2,898 9,430 7,543 29,900 23,658 4131 Health& Life 28,130 18,462 4142 Unemployment 1,000 145 4151 Workcomp 1,907 10,200 7,421 4170 Comp Abs 8,000 4,823 4210 Supplies 6,000 5,734 6,000 5,610 36,500 35,683 4230 Bldg. Maint. 750 8,378 25,000 21,690 30,750 33,537 4240 Equip. Maint. 3,000 3,248 1,000 2,876 4,500 6,501 4250 Merchandise 500 500 6,000 4,636 4310 Prof Serv. 500 51 500 152 4,500 16,265 4320 Postage 384 3,100 3,049 4321 Telephone 2,000 2,070 6,423 4,100 9,808 4330 Travel/Subs 400 400 2,150 890 4340 Advertising 93 500 598 1,300 883 4350 Printing & Pub 572 1,000 2,321 6,000 8,138 4360 Insurance 150 1,136 9,000 12,432 22,150 21,023 4380 Utilities 62,000 75,149 34,000 40,102 109,000 127,110 4390 Conf/Sch/Train 400 200 25 1,900 1,103 4410 Rents 6,647 7,000 6,060 7,200 12,742 4420 Depreciation 133,000 134,818 4433 Dues 100 200 90 750 831 4435 Subscrip/Pub 200 40 128 400 437 4438 Sales Tax 2,000 3,000 4550 Capital Exp 14,000 20,943 22,000 20,943 Total Expense 142,100 147,574 237,020 232,436 878,430 856,201 Operating Income 106,400 29,732 (135,050) (143,804) (336,690) (372,858) Interest Income/Exp 8,615 Tsf from Gen Fund 332,690 332,690 Net Income 106,400 29,732 (135,050) (143.804) (4,000) (31,553) e Rtici1T C. CITY OF SHAKOPEE, MINNESOTA PROFORMA OPERATING STATEMENT For the Year Ending December 31, 2001 Current New Community Comm Ctr Total Ice Rink Ice Rink Center Addition Comm Ctr Operating Revenue Memberships&Admissions $ - $ - $ 60,000 $ 343,800 $ 403,800 Activities 1,000 3,000 36,000 101,700 141,700 Concessions 10,000 5,000 7,500 20,000 42,500 Rentals 215,000 175,000 13,000 10,000 413,000 Miscellaneous 7,000 5,500 4,000 16,500 Total Operating Revenue 233,000 188,500 116,500 479,500 1,017,500 Operating Expense 4101 FT Salaries 35,000 15,000 72,000 25,000 147,000 4110 PT Salaries 25,000 25,000 65,000 220,000 335,000 4140 PERA 1,900 800 3,800 1,300 7,800 4141 FICA 4,600 2,600 10,500 18,800 36,500 4131 Health & Life 5,400 2,700 10,800 5,000 23,900 4151 Workcomp 1,200 500 2,400 700 4,800 4170 Compensated Abs 900 400 1,800 600 3,700 4210 Supplies 6,500 5,000 6,500 25,000 43,000 4230 Bldg. Maint. 7,500 5,000 25,000 5,000 42,500 4240 Equip. Maint. 3,500 3,000 3,200 5,000 14,700 4310 Professional Serv. 500 500 500 500 2,000 4320 Postage - - 500 500 1,000 4321 Telephone 2,300 2,000 7,200 4,000 15,500 4330 Travel/Subsistence 200 - 200 200 600 4340 Advertising 200 200 1,000 2,000 3,400 4350 Printing& Repro 300 300 2,500 2,500 5,600 4360 Insurance 1,600 1,600 14,000 20,000 37,200 4380 Utilities 85,000 85,000 45,000 130,000 345,000 4390 Conf/School/Train 200 200 200 2,000 2,600 4410 Rents 50,000 45,000 63,000 98,000 256,000 4433 Dues 50 50 100 50 250 4435 Subscriptions/Pub 50 50 100 50 250 Total Expense 231,900 194,900 335,300 566,200 1,328,300 Operating Income 1,100 (6,400) (218,800) (86,700) (310,800) Interest Income/Exp 60 (320) (11,000) (4,400) (15,660) Net Income 1,160 (6,720) (229,800) (91,100) (326,460) NOTE: This statement was produced for evaluation of a potential Park Bond Referendum. The amounts for the current facilities are based on a combination of 1998 actual amounts available at this time and the 1999 budget with a 4%increase for each year through 2001. The amounts for the new facilities are based on information received from other communities with similar facilities. These amounts are estimates and should not be considered completely accurate. There is also Int rev and Exp based on cash balances of 5%. 9 p f{-�}c f+Mi` 0— YEAR —YEAR 2001 Revenue Projections For Community Center Expansion Pool & Fitness Area I. Memberships & Admissions Family ---- $350.00 x 400 Memberships $ 140,000 Adults(Basic) $225 x 300 Memberships ----- $ 67,500 Youth/Seniors $150 x 200 Memberships -------------- $ 30,000 Adult Super Sport$325 x 100 Memberships------------------- $ 32,000 $270,000 Family Includes: Pool, Indoor Playground Gym, Fitness Area, Sauna/Steam Room Open Ice-Skating. *Aerobic Classes and Racquetball Courts is additional user fee Adult(Basic) includes same as Family Youth/Senior includes same as Family Adult Super Sport includes same as Family, plus Racquetball Courts and Aerobic Classes II. Daily Admissions (Assumptions Youth 20 daily/per day x 360=7,200 x$5 $36,000 Adult 15 daily/per day X 360=5,400 x$7 $37,000 $ 73,800 III.Activities Swim Lessons $ 20,500 Youth Programs $ 25,500 Adult Programs $ 10,000 Aerobic Classes(New Classes) $ 25,000 Racquetball CT.Rental $ 20,000 $ 101,700 IV. Concessions Concession Stand $ 20,000 (Vending Machines as Alternate) V. Rentals Therapy Center $ 10,000 (1,000 Sq. Ft.X$100) VI. Miscellaneous Advertising $ 4,000 Year 2001 Total Estimated Revenue $ 479,500 /0 �} tificHetwArr D- YEAR 2001 Revenue Projections 2nd Sheet of Ice I. Activities Skating Lessons ---- $ 3,000 II. Concessions Revenue Collected From Hockey Association-------- $ 5,000 III. Ice Rental Average Hourly Ice Fee$ 109.375 X 1,600 hours------------ $ 175,000 IV. Miscellaneous Skate Sharpening and Vending Machines $5,500 Year 2001 Total Estimated Revenue $ 188,500 /t A�{nc 6%4 ok+ E SHAKOPEE COMMUNITY CENTER AQUATIC AND FITNESS CENTER BUILDING PROGRAM SQ. FT ESTIMATED COSTS LEISURE & LAP POOLS 15,000 $ 2,400,000 MECHANICAL RMS. 2,500 400,000 MEN'S LOCKER RM. 700 112,000 WOMEN'S LOCKER RM. 700 112,000 FAMILY DRESSING RM. 1,000 160,000 POOL OFFICE/STORAGE 500 80,000 STEAM& SAUNA RMS. 500 80,000 20,900 $ 3,344,000 FITNESS CENTER AEROBICS DANCE RM 1,200 $ 120,000 STRENGTH MACHINES 1,000 100,000 CARDIOVASCULAR AREA 600 60,000 FREE WEIGHTS AREA 400 40,000 2 RACQ/HB WALLEYBALL CTS. 1,600 160,000 RACQ/HB VIEWING AREA 400 40,000 FITNESS DESK 200 20,000 5,400 $ 540,000 FIT EQUIP & POOL SUPPLIES 150,000 INDOOR PLAY AREA 2,000 $ 320,000 SITE WORK 50,000 $ 595,000 Sub Total $4,479,000 ARCHITECTURAL FEES (7%) $ 313,530 CONTINGENCY (5%) 223,950 $ 537,480 TOTAL PROJECT COST $5,016,480 MISC. OPTIONS PHYSICAL THERAPY CTN. 1,000 $ 100,000 CONCESSION STAND 500 50,000 ARCHITECTURAL FEES (7%) 10,500 CONTINGENCY (5%) 7,500 TOTAL PROJECT WITH OPTIONS $5,184,480 * Pool construction costs were based on an average of$160 per square foot. * Fitness Center construction costs were based on an average of$100 per sq ft. /off hmPit- C3 RESOLUTION NO. 5075 RESOLUTION DETERMINING THE NECESSITY FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS AND CALLING A SPECIAL ELECTION'THEREON WHEREAS,the Shakopee City Council finds and determines that it is in the best interests of the health, welfare, and safety of the City and its residents that the City acquire, construct and equip improvements to the City's park, recreation, and open space system (Project) consisting of neighborhood parks, community parks, special recreational facilities including ; and WHEREAS, the City is authorized by the provisions of Minnesota Statutes, Chapter 475 (Act)to issue its obligations to finance the Project in whole or in part and to pledge its full faith, credit and taxing powers to the payment of such obligations;and WHEREAS, it is necessary and expedient to the sound financial management of the affairs of the City that the Project be financed in whole or in part by the issuance and sale of the City's general obligation bonds pursuant to the Act in an amount not to exceed$ NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: 1. The proposition for the issuance of the bonds will be submitted to the voters of the City at a special election to be held on , , 1999. The election will be held and conducted in accordance with the laws of the State of Minnesota relating to special municipal elections. 2. The City Clerk is directed to cause a notice of election and sample ballot in substantially the forms attached hereto as Exhibits A and B to be posted and published as required by law as follows: (a) The notice of election will be published once in the official newspaper of the City at least two weeks prior to the election; (b) The notice of election and a sample ballot will be posted at each of the polling places at least ten days prior to the election; (c) The notice of election and a sample ballot will be posted in the office of the City Administrator at least four days prior to the election;and (d) The sample ballot will be published in the official newspaper at least one week prior to the election. JJT-158623 SH155-23 /y 3. The polling places, hours of election and the respective judges for the election will be those established by the City for municipal elections. The polls will be open from 7:00 A.M. until 8:00 P.M. 4. The City Council will meet in the City Hall on , 1999, at p.m., C.T. to canvass the results of the election and to declare the results thereof. Adopted in session of the City City of the City of Shakopee, Minnesota, held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk • JJT-158623 SH 155-23 /5 EXHIBIT A OFFICIAL BALLOT SPECIAL ELECTION CITY OF SHAKOPEE , 1999 INSTRUCTIONS TO VOTERS: Voters desiring to vote in favor of the following proposition must complete the arrow pointing to YES. Voters desiring to vote against the following proposition must complete the arrow pointing to NO. The City of Shakopee is asking voter approval to issue and sell its general obligation bonds in an amount not to exceed$ to finance the acquisition and betterment of various park and recreational facilities. The amount of taxes that would be raised in the first year of the property tax levy to pay the principal and interest on the bonds is estimated to be approximately $ . The maximum amount of taxes that would be raised in any subsequent year for the purpose is estimated to be approximately $ . This maximum increase in property tax levy is estimated to be approximately % of the taxable market value of property in the City. YES SHOULD THE CITY OF SHAKOPEE, • MINNESOTA BE AUTHORIZED TO ISSUE AND SELL ITS GENERAL OBLIGATION BONDS IN NO AN AMOUNT NOT TO EXCEED $ TO FINANCE THE ACQUISITION AND BETTERMENT OF VARIOUS PARK AND RECREATIONAL FACILIT1hS? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. • JJT-158623 SH155-23 /42 EXHIBIT B NOTICE OF SPECIAL ELECTION CITY OF SHAKOPEE SCOTT COUNTY,MINNESOTA NOTICE IS HEREBY GIVEN that a special election will be held in and for the City of Shakopee, Scott County, Minnesota, on , the day of , 1999, at which the following proposition will be submitted to the voters of the City for their approval or rejec- tion: SHOULD THE CITY OF SHAKOPEE, MINNESOTA BE AUTHORIZED TO ISSUE AND SET T, ITS GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $ TO FINANCE THE ACQUISITION AND BETTERMENT OF VARIOUS PARK AND RECREATIONAL FACILITIES? The polling places for the election are as follows: Precinct Number Polling Place P-1 Fire Station, 334 West 2nd P-2 Public Library, 235 South Lewis P-3 Presbyterian Church, 909 South Marschall Road P-4 Thrift Shop, CR-16 and CR-83 P-5 Youth Building, 1121 West 11th Avenue (Lions Park) P-6 Thrift Shop, CR-16 and CR-83 P-7 Faith Lutheran Church, 150 W 130th Street (CR-78 and CR-79) P-8 Calvary United Methodist Church 2488 Vierling Drive E The polls for the election will be open at 7:00 A.M. and will remain open until closing • JJT-158623 SH155-23 I? at 8:00 P.M. Any qualified registered voter of the City is entitled to vote at the election, and any resident of the City not previously registered as a voter may register on election day. BY ORDER OF THE CITY COUNCIL /s/ Judith S. Cox City Clerk Dated: , 1999. JJT-158623 SH155-23 A Atm Vf P OFFICIAL BALLOT SPECIAL ELECTION CITY OF SHAKOPEE , 1999 INSTRUCTIONS TO VOTERS: Voters desiring to vote in favor of the following proposition must complete the arrow pointing to YES. Voters desiring to vote against the following proposition must complete the arrow pointing to NO. The City of Shakopee is asking voter approval to issue and sell its general obligation bonds in an amount not to exceed $4,000,000 to finance the acquisition and betterment of various park and recreational facilities. The amount of taxes that would be raised in the first year of the property tax levy to pay the principal and interest on the bonds is estimated to be approximately$336,120. The maximum amount of taxes that would be raised in any subsequent year for the purpose is estimated to be approximately $340,970. This maximum increase in property tax levy is estimated to be approximately .038% of the taxable market value of property in the City. YES SHOULD THE CITY OF SHAKOPEE, MINNESOTA BE AUTHORIZED TO ISSUE AND SET T ITS GENERAL OBLIGATION BONDS IN NO AN AMOUNT NOT TO EXCEED $4,000,000 TO FINANCE THE ACQUISITION AND BETTERMENT OF VARIOUS PARK AND RECREATIONAL FACILITIES? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. JJT-158623 SH155-23 l? 40,c\A.04e-fr4 OFFICIAL BALLOT SPECIAL ELECTION CITY OF SHAKOPEE , 1999 INSTRUCTIONS TO VOTERS: Voters desiring to vote in favor of the following proposition must complete the arrow pointing to YES. Voters desiring to vote against the following proposition must complete the arrow pointing to NO. The City of Shakopee is asking voter approval to issue and sell its general obligation bonds in an amount not to exceed $6,000,000 to finance the acquisition and betterment of various park and recreational facilities. The amount of taxes that would be raised in the first year of the property tax levy to pay the principal and interest on the bonds is estimated to be approximately$509,300. The maximum amount of taxes that would be raised in any subsequent year for the purpose is estimated to be approximately $509,070. This maximum increase in property tax levy is estimated to be approximately .057% of the taxable market value of property in the City. YES SHOULD THE CITY OF SHAKOPEE, MINNESOTA BE AUTHORIZED TO ISSUE AND SETT.ITS GENERAL OBLIGATION BONDS IN NO AN AMOUNT NOT TO EXCEED $6,000,000 TO FINANCE THE ACQUISITION AND BETTERMENT OF VARIOUS PARK AND RECREATIONAL FACIL11lhS? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. • JJT-158623 SH155-23 ol-O 98 IN CityBusiness 1998 BOOK OF LISTS TOP 25 LIST Originally g y published in the 3/6/98 issue of CityBusiness Fitness1114C01146—F centers Largest metro-area fitness centers ranked by number of memberships Research by Eliza Herman Rank Number of Metro-area memberships locations Full-time Initial fee 1997 Name Number of Year Part-time Monthly fees Manager Rank Address,phone members founded staff Annual fees Features' 8 Owner Northwest Athletic Club 55.000 I I 450 $100 Health education seminars,corporate wellness program,babysitting,aerobics,cardiovascular Jerry Noyce,regional mgr. I" 5525 Cedar Lake Road St.Louis Park,MN 55416 546-5474 137,000 1968 1,034 S55-;96 machines,basketball,ballroom dance,spinning.CPR certification,boxercise,free weights,gymnastics, Club Sports International, NA racquetball,indoor/outdoor pool,tennis courts,personal training,running/walking tracks Denver,Colo. lip! Life Time Fitness 54.000 9 312 Varies Pools,whirlpools,saunas,steam rooms,basketball,racquetball,volleyball,wallyball,table tennis, NA 6442 City West Parkway,Suite 375 75,000 1992 785 $31.90 climbing walls,aerobics,health education,seminars(racquetball,basketball,volleyball)leagues, Eden Prairie,MN 55344 947-0000 Y ) carBahram Akradi NP ballroom dancing,martial arts,children's programs and activities,family days,free child care YMCA of Metropolitan Minneapolis 18.000 8 316 Varies Swimming pools,whirlpools,saunas,racquetball,squash,life circuit equipment,variable resistance NA 30 S.Ninth St. Minneapolis,MN 55402 371-8700 NP 1866 2,2200 520.467 weights,free weights,treadmills,stationary bikes,step machines,NordicTrack,Kid's Gym,climbing YMCA of Metropolitan NP walls,child care,weight management programs,youth and family programs Minneapolis IF YMCA of Greater St.Paul 15.600 9 162 $04129 Facilities vary.Nonprofit organization focusing on building strong kids,strong families and strong NA 476 Robert St.N. St.Paul,MN 55101 292-4100 NP 1856 2.426 ;20.;64 communities through programs that build the character values of caring,honesty,respect and YMCA of Greater NP responsibility St.Paul Ipli YWCA of Minneapolis 5.000 2 38 $75 Swimming pools,whirlpools,wading pool,steam/sauna,aerobics,body pump,basketball,weight Sue Duoos' 1130 Nicollet Mall Minneapolis,MN 55401 332-0501 11,000 1891 140 ;35-;61 centers,cardio centers,Fit Kids Gym,swimming class/teams,physical therapy(OT),personal trainers, NP $118-$702 massage,yoga,leagues,Junior Olympic weight training center FillFlagship Athletic Club 4,100 'L 65 ;I50-$200 Indoor/outdoor pools,whirlpools,saunas,steam rooms,indoor/outdoor tennis,platform tennis, Kerry Givens 755 Prairie Center Drive Eden Prairie,MN 55344 941-2000 NP 1986 220 $90.5152 squash,basketball,variable resistance weights,free weights,treadmills,stationary bikes,step and ski Club Sports International NA machines,aerobics,junior fitness center,bistro,child care,volleyball The Gym 4.000 ..t_ 12 50-;149 Training center for people serious about achieving their goals(weight loss,building,toning and Jim Yungner 2855 Glacier Lane N. 5,000 1979 9 50-533.95 rehabilitation,etc.),cardio equipment(stairmasters,treadmills,bikes,rowers,elliptical trainers,etc.), Jim Yungner Plymouth,MN 55447 553-0171 $299-$499 free weights and machines(flex and Hammer Strength,Paramount) Ili! New Brighton Family Service Center 4.000 i 6 Daily fees s Indoor playground with toddler area,two gymnasiums,free weights,treadmills,stationary bikes, Steve Rymer 400 10th St.N.W. NP 1994 45 Punrh paasess elliptical machines,run/walk track,banquet and conference facilities,stepmachines, New Brighton,MN$5112 638-2130 high-tech strength City of New Brighton $954375 machines,full catering kitchen,teen lounge,senior lounge 11111! Dakotah Sport&Fitness 3.700 I 20 $75-$150 Aquatic Center,including zero-depth pool,several fountains,three H2O slides,whirlpool,saunas, Tom Seesz 2100 Trail of Dreams Prior Lake,MN 55372 445-9400 12000 1994 80 $29-;65 steam rooms,racquetball,basketball,volleyball,40-foot rock climbing wall,shooting range,ice arena, NP NA batting cages,aerobics,martial arts,resistance weights,free weights,free child care,golf simulators IM Maplewood Community Center 3.$00 I 8 $50-$75 Two swimming pools,120-foot water slide,hot tub.Cybex equipment,free weight room,run/walk Thomas Eastman 2100 White Bear Ave. Maplewood,MN 55109 779-3555 8,000 1994 90 $10-$40 track,aerobic room,racquetball courts,two full-size gyms,performing arts theater(seats 276),5100-5395 banquet room(seats 350),water toys,zero-entry access pool,child care,food and beverage City of Maplewood IRSouthview Athletic Club 3.400 I 8 NA Swimming pool,children's learning center with day care,cardio theater with treadmills,Stairmasters David Mortensen 260 Marie Ave.E. NP 1979 35 ;19-537 LHecycles,whirlpools,racquetball,basketball,wallyball,variable resistance weights,free weights, West St.Paul,MN 55118 450-1660 f hNorthern States Health 5228-5396 aerobics,personal training,indoor track,karate,volleyball and Fitness Inc. Jazzercise Fitness Center'Ilip! 3,000 2 2 $0 Dance aerobics,Circuit Interval aerobic training,step aerobics,body sculpting,babysitting,Junior taughtLinda Sneddon 11255 96th Ave.N. NP 1995,1988 20 528445 Jazzercise(ages 3-10);all classes b Maple Grove,MN 55369 425-8988 NAY certified(ACSM guidelines)Jazzercise instructors Joe Sneddon,Terri Austin lip Jewish Community Center,St.Paul Area' 2.750 1 60 $0-;100 Swimming pool,gymnasium,indoor track,racquetball,tennis,sauna,whirlpool,aerobics,fitness center Rich Danov 1375 Sc.Paul Ave. NP 1930 200q P p JCC of St.Paul $24-$41 with Cybex&free weights,Stairmasters,Stepmill,NordicTracks,treadmills,computerized bikes, St.Paul,MN 551 16 698-0751 $295-$495 elliptical&rowing machines,personal training,massage,karate,yoga,tai chi,pilates,child care (nonprofit) i White Bear Racquet&Swimliciri! 2,650 NP 1 1988 30 130 P q 5300-5625 Indoor/outdoor pools&tennis courts,whirl ool,racquetball,gymnasium,running track,Cybex,free Pat Green 4800 White Bear Parkway White Bear Lake,MN 55110 426-2659 566 SI 14 weights,upper-body ergometers,aerobics,personal training,massage,tanning,cafe in sportshop, j NA complete cardio-fitness center,Power Pacing.Private/full-service club with limited membership Limited partnership licli! Minneapolis Athletic Club 2.200 I 123 $150-5350 Reciprocity with some local country clubs and 100 clubs worldwide;facilities include international Richard Mogensen 615 Second Ave.S. NP 1915 100 ;80-5180 squash,racquetball&handball courts,aerobics,martial arts,Cybex,free weights,track,swimming,Minneapolis,MN 55402 339-3655g Member-owned NA whirlpool,sauna,steam rooms,bowling,recreational games,child care,salon,personal trainers Club Shelard Fitness CenterIF! 1.800 I 3 25 $29-$49 Free weights,Paramount,Nautilus,Cybex,with personal training included;7 racquetball courts; I ISS Ford Road St.Louis Park,MN 55426 541-0000 NP 1986 $28-;85 walleyball;aerobic program;JKA Karate program;saunas,steam rooms&whirlpools;complete NP NA cardio room;corporate memberships;tanning facilities,massage&hair salon Lysa Lurie 1p Roseville Kings Court Raquetball&Fitness 1.800 I 2 $0 7 racquetball courts,racquetball leagues,wallyball leagues,exercise equipment,sauna, Frank Rog 2560 Fry St.Paul, N 55113 633-0744 $25-;39 showers/lockers,free weights with Twin Cities Gym in same building,personal training,step and mash Frank Rog NP 1972 13 $120' treadmills,bikes,lessons,co-recreational wallyball for singles The Gym in Fridleylip 1,700 + L 2 $49-$99 Multi-purpose training center,Hammer Strength,Flex equipment,cardiovascular equipment,personal Ted Harrison 8171 University Ave.N.E. NP 1989 4 $29 training,therapeutic massage,tanning, NordicTrack,bikes,crossrobics trainer,free weights Fridley,MN 55432 571-9555 g P g8h Ted Harrison $299-$499 1!1/1! Health Center of the Jewish Community I,617 Nonprofit I 50 $100 Indoor/outdoor pools,spa facilities,basketball,racquetball,squash,outdoor tennis,variable-resistance Lisa Austen 4330 S.Cedar Lake Road NP 1969 80 NA &free weights,step machines,treadmills,NordicTrack,stationary bikes,running track,aerobics, St.Louis Park,MN 55416 377-8330 $189-5940 cardiac rehab program,early childhood day care,youth/teen/senior fitness programs Non p lip Decathlon Hotel&Athletic Club 1.540 I NP ;300-;545 Personal service,country club golf privileges,family activities and events,child care,summer camps. Terry Flynn 1700E 79th St. Bloomington,MN 55425 854-7777 NP 1968 NP NA aerobics,personal training,basketball,racquetball,indoor pool,running track,massage,hotel,banquet NP NA facilities,sports bar,dining room,new fitness center,free tennis court time,power pacing i HealthQuest Athletic Clublip I,500 I 2 None Swimming pool,whirlpool,racquetball,step machines,NordicTrack,treadmills,stationary bikes,free Melanie Neslund aqua 14100 Sunfish Lake Blvd. NP 1985 28 $25-$65 weights,variable resistance weights,tanning, /floor/step aerobics,massage therapy,tae kwon do, Ramsey,MN 55303 421-8103C.DeMars,R.Renner,D. $399-;761 swimming lessons,personal training,corporate memberships,child care,cardio-kickboxing Rowe Ip! Lifestyle Management Health&Exercise'. 1.500 5 19 $45/hour Cybex strength equipment,free weights,step machines,NordicTrack,treadmills,stationary bikes, Susan Banholzer,president 8400 Normandale Lake Blvd. Bloomington,MN 55437 831-6181 NP 1990 6 NA rowing machine,EFX transports,complete health and fitness testing,nutrition&personal training, Np NA wellness workshops,post-clinical rehabilitation,customized fitness&nutrition program YWCA of St.Paullql! 1.500 I 3 $79 Swimming pool,whirlpool,sauna,variable resistance&free weights,elliptical trainers,NordicTrack, Kathy Carlson 198 Western Ave.N. NP 1992 60 520-545 stationary bikes,step machines,treadmills,aerobics,tai chi,tae kwon do,dance,yoga,tumbling,St.Paul,MN SS 102 225-9922 Y g g YWCA of Sc.Paul $240-$540 personal training,massage,nutrition services,senior exercise&arthritis aquatic classes (nonprofit) FillRegency Athletic Club&Spa 1.350 I 9 $95 Saunas,whirlpools,lifestyle enhancement center,full service salon(skin&nail care,hair care),urban NP i300 Nicoilet Mail Minneapolis,MN 55403 343-3131 NP 1992 21 $19-SI 19 resort spa(massage,bodywraps,license esthtician),indoor tennis,racquetball,stationary bikes,step Np NA machines,treadmills,rowing machines,NordicTrack,EFX eliptical trainers,weights,indoor pool Bally Total Fitness"liel NP 8 80 $19&up Swimming pool,whirlpool/hot tubs,sauna/steam rooms,basketball,racquetball,stationary bikes,step Mike Moffo 67 Minnesota Ave. 73,320 1964 225 ;19&up machines,treadmills,indoor track,row machines,elliptical trainers,free weights,Total BodyCross Little Canada,MN 551 17 766 9477 g Bally Total Fitness NA Trainers,Hammer,Nautilus,Eagle,Keiser,personal training,child care,TV w/radio control Abbreviations: Footnotes: NA=Not applicable I.Due to limited space,features submitted by club representatives have 6.The other Jazzercise Fitness Center is located at 960 Prairie Center Drive,Eden Notes: NP=Not provided been summarized.Contact clubs for comprehensive information Prairie,MN 55344 — Calhoun Beach Club,which was NR=Not ranked in 1997 2.Also Pamela Diedrich 7.Jewish Community Center of the Greater St.Paul Area ranked No. 16 in 1997,did not submit 3.Plus reciprocal privileges to II Northwest Athletic Clubs information by deadline Source:Fitness 8.Yearly fee covers use of exercise equipment only center represlnatives 4.A fourth location is scheduled to open in Elk River in April,1998 9.A second location,in Elk River,is planned to open this summer S.Daily fees of$3.75 to$4.50;punch passes range from$33.75 to$40.50 10.Lifestyle Management Health&Exercise Training Center and offer 12 daily uses for the price of nine II.Bally Total Fitness has 73,320 active members in the metro area,but the company was unable to provide membership information by publication deadline jSf12' CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Architect for Joe Schleper Baseball Stadium Date: February 24, 1999 INTRODUCTION Staff is requesting Council's authorization to hire Architect Dave Lineer to do the design development plans and specifications for the baseball stadium improvements in Tahpah Park. BACKGROUND At its February 2, 1999 meeting, Council dthe barecteseball stadium.staff to hire nCounarchlc 1 also indicated it to develop design specifications and bid packages for wishes to have the project split into phases and/or with bid alternates. When the facility design and specifications are completed, staff will seek Council's permission to solicit bids. The decision to fund the improvements will be determined when the City Council reviews the bids. ARCHITECTUAL SERVICES Requests for Qualifications were sent to three architects and two of the three responded. They are: Dave Linner Architects and Cluts, O'Brien and Strother Architects. The city Andministrator and Parks and Recreation Director conducted interviews on Monday, February 22, 1999 at City Hall. FEE PROPOSAL Linner Architects 00 6 ,5 Architecture/Engineering thru Bid Phase $15,600 Architectual/Engineering thru Construction Phase $19,800 Total Misc. costs for printing and postage Gluts,O'Brien &Strother Architects The design submitted is 7% of the construction budget($550,000)which equates to $38,500. $ 9,625 Design Development (25%) 17,325 Construction Documents (45%) 1,925 Bidding (5%) Construction(25%) $ 9,625 Total $38,500 RECOMMENDATION Staff recommends hiring Mr. Dave Linner to do the design development and specifications for the Joe Schleper baseball Stadium Project. ACTION REQUESTED If Council concurs with staff's recommendation, it should, by motion, move to authorise the appropiate City officials to enter into agreement with Dave Linner to proceed with the facility design and specifications for the Joe Schleper Baseball Stadium Improvement Project with funding to be allocated from the Park Reserve Fund at a cost not to exceed $15,800.00. * An additional $200 was added to cover printing and postage costs. Ole /NIL / Mark J.1 cQuillan Parks and Recreation Director • FEE PROPOSAL • David Linner .Baseball Stadium Shakopee, MN Architectural/Engineering thru Bid Phase $15,600 Architectural/Engineering for Construction Phase 4,200 Architectural/Engineering A/E Total $19,800* • *Plus Printing and Postage Services include'design development, construction documents including plans and specifications, bid review, construction administration with site visits, final inspection, and final punchlist. FEB-25-1999 16 13 CLUTS,O'BRIEN,STROTHER 941 4951 P.02/02 DATE: February 25, 1999 1_" TO: Mark McQuillan Parks and Recreation Director CITY OFSHAKOPEE 1255 Fuller street Clut Shakopee,MN 55379 Obrien FROM: Dan O'Brien btrother APCIIITECTS PROJECT: The Joe Schleper Baseball Stadium Improvements Project COMM NO: Promotional SUBJECT: Fee COPY TO: file MEMORANDUM Design fees for the services outlined in our proposal will be 7%of the construction budget. Our fee will be broken down as follows: Design Development 25% Construction Documents 45% Bidding 5% Construction Administration 25% Please call with questions. 7520 Market Place Drive • Eden Prairie • Minnesota 55344 • Phone: 612!941-4822 t- j :., •---• TOTAL P.02 AT, /9. CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Southbridge Community Park Date: February 23, 1999 INTRODUCTION At the February 16, 1999 City Council Meeting, Council authorized payment of$725,000 for the purchase 50.24 acres of MnDot property in the Southbridge Development. Since that meeting, staff was informed by MnDot Land Manager Keith Slater that it can have deed to the property, at no cost to the City, as long as the land is used for either road right-a-way or public park purpose. However, the deed would contain a convanent stating if the City ever cease to use the property for those expressed purposes, the property would either revert back to MnDot, or the City would have to pay to MnDot the appraised value plus, an inflater as determined by the Consumer Price Index. The current appraised value the property is $14,430.00 per acre. BACKGROUND Dispite the savings in land costs, the City is still responsible for the road assessments for Southbridge Parkway and the proposed roadway through the MnDot property from Southbridge Parkway to the Southbridge 3rd Addition(Ryland Homes). (See Attachment A.) Assessment Costs Assessments for Southbridge Parkway $331,597.05 First year's assessments 61,615.48 Estimated assessments for road thru MnDot Property. 100,000.00 Total $493,212.53 or $12,106.per acre If the City sells 9 acres on the south side of the roadway thru the MnDot parcel, the City would split the assessments (pay about $50,000). $493,212.53 - 50,000.00 $443,212.53 or $10,879.05 per acre City assessments on 31.74 aces X$10,879.05 = $345,301.04 The assessments on 9 acres X $10,879.05 = $97,911.45 Council previously agreed to use the funds ($264,000) from the sale of 8.8 acres of land to the School District for an elementary school site to pay-off the assessments. Therefore, the remaining balance for the 31.74 acres is about $81,212.53. RECOMMENDATION The Parks and Recreation Advisory Board is meeting Monday night to discuss this new information and to make a recommendation to Council on the amount of land it should acquire. Staff will be presenting that recommendation at Tuesday's City Council meeting. YkfraPOlc- Mark J. McQuillan Parks and Recreation Director // •,.ejl.'44.S..4r44.,46,-41,Psrk"a 14;In1'AV" 4''''',,,3it*k--,11.(4.,.. ,' ...ia‘4,,0,.1.2$,'",k,"-,•,..e47.:.,.1.,.4,,.r•.t,:c..:4- - ..-.,t, .- .--..,-. , ! i / k'Y''41, .;•`;'g=tiel."1,';'"4"; '4,, 1 ' iN,:ft.r.%'04•4 / ‘,...^:g.40,-,,,/,i,ta,:-.0.'sirs,„Al .,'-:•4.,..',,r ,1,..i,",•., 0: •:.!''P/14,V4).tii..N''-▪ ' •• \i 1 . / _, 7, ,.,;;t:.,,,,,„A,t5,..,7.7;,‘I,41,,,f,e 1.,. r ,i'l,/",..7' rr-:tittp?....."^,,',..•••414'9,•.;Inctif-,,,-.--` 4 - - / 4 41:•';,-4•',4V:til"F::'<g4.1:'':',. 3* .qgi,....Z 7,,s .4`.. 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'11. = G , ..• = 1--, t-* ,-- CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Community Park/Southbridge MnDOT Property 11-4 0202199 DATE: January 29, 1999 $� cl,C� CO�sC INTRODUCTION: "5- - vEv The Council is asked to take action to purchase the 50.24 acre MnDOT parcel,and request a recommendation from the Park and Recreation Advisory Board for establishment of a community park site on that property. BACKGROUND: Over the past several months, the City has been dealing with MnDOT regarding the purchase of a 50.24 acre parcel (parcel 27-9110040)that remains from the U.S.169 right- of-way purchase. In September, 1998, MnDOT sent a letter stating a purchase price of $725,000 would be needed for the purchase, with all assessments to be assumed by the City. BUDGET IMPACT: Council will recall that approximately 9.5 acres on the south end of the MnDOT property (and the original reason for entering into negotiations with MnDOT)was needed for Southbridge Parkway right-of-way purposes; a small portion of undevelopable property under a high line was also rendered undevelopable. In November,the Council assessed the total acquisition cost of that 9.5 acres against the entire 560 acre Southbridge site and MnDOT parcel. This therefore leaves a total net usable parcel of the MnDOT property of 40.74 acres. The total cost per acre of those 40.74 acres,including assessments, is $24,088.80 per acre. MN DOT PURCHASE: The amount of money to come "out of pocket" solely to purchase the MnDOT property is $324,164.56. This is the total that remains from the original $725,000 purchase price from MnDOT, less the 9.5 acres which were funded through the project cost ($136,835), and $264,000 which would come from I.S.D. 720 for the purchase of the park property in Southcross 1st Addition (elsewhere on this agenda). There will also be the first years assessments against the MnDOT property which would be due now. That amount is $61,615.48. The Finance Director recommends that the balance of$331,597.05 plus first years assessments of$61,615.48, come from the General Fund. Therefore, the total cost to purchase the 40.74 net usable acres of the MnDOT property, including assessments, is $725,000+$331,597.05 +$61,615.48 =$1,118,212.53. After allowing the funding from the school ($264,000)and from project costs of$136,835, it means a total cost to purchase of$717,377.53. COMMUNITY PARK DISCUSSION: A community park of from 20 to 25 acres in size is needed in east Shakopee. The intent has been to take the appropriately sized parcel from the MnDOT property, and sell the remainder. Staff has already had contact from a church interested in purchasing between 8 and 10 acres of that property; the remainder of the property has been guided for multi- family, and could be put on the market. The Park and Rec Advisory Board should be asked to establish a size for a community park in east Shakopee. Note that the difference between what would be funded by the $264,000 from I.S.D. 720 (which would fund the purchase of 11.25 acres of that), and the ultimate size, could be reimbursed over time from park land dedication from the commercial property that Southcross Development is seeking to have added into the MUSA area. POLICY QUESTIONS: Assuming that the Council wishes to proceed with this concept,the Finance Director asks two questions: 1. Does the Council wish to pay assessments up front? The assessments are at 6% interest, which is more than what the City is able to invest money at this time. The Finance Director Voxland recommends paying the assessments up front from the General Fund Reserves. 2. Should the park dedication fees from the Shakopee Crossings commercial property go to repay the General Fund Reserves specifically (if approved in question #1), or should it go into the Park Reserve Fund? RECOMMENDATION: We recommend three things: 1. That staff be directed to send a check in the amount of$725,000, less deed tax, to MnDOT for the purchase of the 50.24 acre MnDOT property (parcel 27-911004- 0) 7-911004- 0) in Southbridge. 2. It should direct that assessments for the MnDOT property be paid from General Fund Reserves, to be reimbursed from later land sales of portions of the MnDOT property. 3. That the Park and Recreation Advisory Board be directed to establish a park size for a community park in east Shakopee. • ACTION REQUIRED: If the Council concurs, it should, by motion, direct the following: 1. That a check in the amount of$722,607.50 ($725,000 - $2,392.50 deed tax) be made payable to the"Commissioner of Transportation -Trunk Highway Fund", for the purchase of the MnDOT property. 2. That the total assessments of$368,441.17+interest of 424,771.36 on the MnDOT property be paid from General Fund Reserves,to be reimbursed from future land sales of portions of the MnDOT property. 3. That the Shakopee Park and Rec Advisory Board be directed to make a recommendation regarding park land size and configuration of a community park on the MnDOT parcel. Ilk-(74311j) Mark McNeill City Administrator MM:tw pri.—i Minnesota Department of Transportation ,,,-,1 ki,,,, Transportation Building Toc 14i,> 395 Join Ireland Boulevard Sar,1 Pau!, Minnesota 55155-1899 September 3. 1998 Mr. Mark McNeill City Administrator C. Hall: 129 Holmes Street Shakopee, MN 55379 In reply refer to: 7300 C.S. 7005 (101=187) 901 Scott County Parcel 75 Reconveyance Dear Mr. McNeill: I am pleased to inform you that all approvals have been obtained for the conveyance of the above referenced parcel. The value of said 50.24 acre tract is $725,000.00 (which assumes, that all special assessments, present and pending, shall be the responsibility of the purchaser of this parcel) . If this is acceptable, please submit payment of$722,607.50 ($725,000.00 minus $2,392.50 deed tax) in the form of a cashier's check, certified check or money order made payable to "Commissioner of Transportation - Trunk Highway Fund". You will be responsible for payment of the deed tax at the time of recording of the Quitclaim Deed. Upon receipt of payment the State will issue a Quitclaim Deed using the enclosed legal description to the City of Shakopee. Please submit payment and any questions you may have regarding this transaction to Neal Bartelt, Transportation Building, 395 John Ireland Boulevard, Mailstop 632, St. Paul, MN, 55155 (phone 651-296-8647). Sincerely, X Merritt/Linzie, Director Office of Land-Management Enclosures: Legal Description Map An co,.,al opportunity employer CITY OF SHAKOPEE c. Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Community Park/Southbridge MnDOT Property 021°2199 1L DATE: January 29, 199912. 1CO � � Cly pvikOV INTRODUCTION: A The Council is asked to take action to purchase the 50.24 acre MnDOT parcel, and request a recommendation from the Park and Recreation Advisory Board for establishment of a community park site on that property. BACKGROUND: Over the past several months, the City has been dealing with MnDOT regarding the purchase of a 50.24 acre parcel(parcel 27-9110040)that remains from the U.S.169 right- of-way purchase. In September, 1998, MnDOT sent a letter stating a purchase price of $725,000 would be needed for the purchase, with all assessments to be assumed by the City. BUDGET IMPACT: Council will recall that approximately 9.5 acres on the south end of the MnDOT property (and the original reason for entering into negotiations with MnDOT)was needed for Southbridge Parkway right-of-way purposes; a small portion of undevelopable property under a high line was also rendered undevelopable. In November,the Council assessed the total acquisition cost of that 9.5 acres against the entire 560 acre Southbridge site and MnDOT parcel. This therefore leaves a total net usable parcel of the MnDOT property of 40.74 acres. The total cost per acre of those 40.74 acres, including assessments, is $24,088.80 per acre. MN DOT PURCHASE: The amount of money to come "out of pocket" solely to purchase the MnDOT property is $324,164.56. This is the total that remains from the original $725,000 purchase price from MnDOT, less the 9.5 acres which were funded through the project cost($136,835), and $264,000 which would come from I.S.D. 720 for the purchase of the park property in Southcross 1st Addition(elsewhere on this agenda). There will also be the first years assessments against the MnDOT property which would be due now. That amount is $61,615.48. The Finance Director recommends that the balance of$331,597.05 plus first years assessments of$61,615.48, come from the General Fund. Therefore, the total cost to purchase the 40.74 net usable acres of the MnDOT property, including assessments, is $725,000+$331,597.05 +$61,615.48 =$1,118,212.53. After allowing the funding from the school ($264,000) and from project costs of$136,835, it means a total cost to purchase of$717,377.53. COMMUNITY PARK DISCUSSION: A community park of from 20 to 25 acres in size is needed in east Shakopee. The intent has been to take the appropriately sized parcel from the MnDOT property, and sell the remainder. Staff has already had contact from a church interested in purchasing between 8 and 10 acres of that property; the remainder of the property has been guided for multi- family, and could be put on the market. The Park and Rec Advisory Board should be asked to establish a size for a community park in east Shakopee. Note that the difference between what would be funded by the $264,000 from I.S.D. 720 (which would fund the purchase of 11.25 acres of that), and the ultimate size, could be reimbursed over time from park land dedication from the commercial property that Southcross Development is seeking to have added into the MUSA area. POLICY QUESTIONS: Assuming that the Council wishes to proceed with this concept,the Finance Director asks two questions: 1. Does the Council wish to pay assessments up front? The assessments are at 6% interest, which is more than what the City is able to invest money at this time. The Finance Director Voxland recommends paying the assessments up front from the General Fund Reserves. 2. Should the park dedication fees from the Shakopee Crossings commercial property go to repay the General Fund Reserves specifically (if approved in question#1), or should it go into the Park Reserve Fund? RECOMMENDATION: We recommend three things: 1. That staff be directed to send a check in the amount of S725,000, less deed tax, to MnDOT for the purchase of the 50.24 acre MnDOT property (parcel 27-911004- 0) in Southbridge. 2. It should direct that assessments for the MnDOT property be paid from General Fund Reserves, to be reimbursed from later land sales of portions of the MnDOT property. 3. That the Park and Recreation Advisory Board be directed to establish a park size for a community park in east Shakopee. ACTION REQUIRED: If the Council concurs, it should, by motion, direct the following: 1. That a check in the amount of$722,607.50 ($725,000 - $2,392.50 deed tax)be made payable to the "Commissioner of Transportation-Trunk Highway Fund", for the purchase of the MnDOT property. 2. That the total assessments of$368,441.17+interest of 424,771.36 on the MnDOT property be paid from General Fund Reserves,to be reimbursed from future land sales of portions of the MnDOT property. 3. That the Shakopee Park and Rec Advisory Board be directed to make a recommendation regarding park land size and configuration of a community park on the MnDOT parcel. 1P-1449 Mark McNeill City Administrator MM:tw vim" 0, Minnesota Department of Transportation rr_y f kit - Transportation Building T 395 John Ireland Boulevard Sant Paul, Minnesota 55155-1899 September 3. 199S Mr. Mark McNeill City Administrator C. Hall: 129 Holmes Street Shakopee, MN 55379 In reply refer to: 7300 C.S. 7005 (101=187) 901 Scott County Parcel 75 Reconveyance Dear Mr. McNeill: I am pleased to inform you that all approvals have been obtained for the conveyance of the above referenced parcel. The value of said 50.24 acre tract is $725,000.00 (which assumes, that all special assessments, present and pending, shall be the responsibility of the purchaser of this parcel) . If this is acceptable, please submit payment of$722,607.50 ($725,000.00 minus $2,392.50 deed tax) in the form of a cashier's check, certified check or money order made payable to "Commissioner of Transportation - Trunk Highway Fund". You will be responsible for payment of the deed tax at the time of recording of the Quitclaim Deed. Upon receipt of payment the State will issue a Quitclaim Deed using the enclosed legal description to the City of Shakopee. Please submit payment and any questions you may have regarding this transaction to Neal Bartels, Transportation Building, 395 John Ireland Boulevard, Mailstop 632, St. Paul, MN, 55155 (phone 651-296-8647). Sincerely, (-733,44;ir Merritt/Linzie, Director Office of Land-Management Enclosures: Legal Description Map An equal opportunity employer CITY OF SHAKOPEE iJ• 13. 1 Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Request for Extension of Preliminary Plat Approval for Westridge Lake Estates DATE: March 2, 1999 Discussion: Darrel Gonyea has requested extension of preliminary plat approval for Westridge Lake Estates. Mr. Gonyea's letter is attached to this report. Alternatives: 1. Approve the requested extension. 2. Do not approve the requested extension. Action Requested: Offer and approve a motion granting extension of the preliminary plat approval for Westridge Lake Estates to April 1, 2000. = --‘4W/7 - Tim Benetti Planner I i:\commdev\cc\1999\cc0302\wstikext.doc PIVECioviED rets 5 1999 February 3, 1999 Michael Leek City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Dear Mr. Leek, As you are aware, at the March 17, 1998 meeting, the City Council approved a motion granting an extension for approval of the Westridge Lake Estates Preliminary Plat. I hereby request that the Shakopee City Council extend the Preliminary Plat expiration date for an additional 12 months. In the PUD process for Westridge Lake Estates,the phasing plan called for a series of 5 additions. Two years ago I developed Westridge Lake Estates Second Addition. There was extensive tree damage on the peninsula. Under the present ordinance, it is my understanding that I will have to continue to request extensions for these future additions, as they are all part of the Westridge Lake Estates First Addition. Sincerely, WESTRIDGE BAY COMPANY By: Darrel E. C-oryea Its: President /S. 13. E CITY OF SHAKOPEE Memorandum CL LI V�g T. TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Initiating the Vacation of Part of a Drainage&Utility Easement Southbridge 1st Addition APPLICANT: Centex Homes DATE: March 2, 1999 Introduction The attached resolution sets a public hearing before the Council on April 6, 1999, to consider the vacation of part of the drainage&utility easement, located in Lot 12, Block 6 and Lot 21, Block 5, all in Southbridge 1st Addition. On that date, comments from staff members, utilities and other agencies, as well as a recommendation from the Planning Commission (March 18, 1999 meeting), will be presented to the City Council for consideration. Discussion Mr. Steve Ach, on behalf of Centex Homes,is requesting the vacation of 5 feet of the platted 10 feet of utility easement along the northerly line of each lot. This vacation is intended to reduce the impact of this easement upon future development of these lots. Upon future platting of Outlot H, the lots adjacent to these specific lots will contain similar 5-foot wide easements, thereby ensuring a 10-foot wide utility easement dedication along all lot lines. A map is attached for your reference. Action Requested Offer Resolution No. 5070, a Resolution Setting the Public Hearing Date to Consider the Vacation of Part of the Drainage&Utility Easement within Lot 12, Block 6 and Lot 21, Block 5, Southbridge 1st Addition, and move its adoption. cw«imidev\cc\1999\cc0302\vac.cntxdoc RESOLUTION NO. 5070 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF PART OF A DRAINAGE&UTILITY EASEMENT IN LOT 12,BLOCK 6&LOT 21,BLOCK 5,SOUTHBRIDGE 1st ADDITION WHEREAS,it has been made to appear to the Shakopee City Council that part of a drainage & utility easement dedicated within Lot 12, Block 6 and Lot 21, Block 5, Southbridge 1st Addition, City of Shakopee, County of Scott, State of Minnesota, serves no public use or interest;and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that a hearing be held in the Council Chambers on the 6th day of April, 1999, at 7:00 P.M. or thereafter, on the matter of vacating part of a drainage&utility easement dedicated within Lot 12, Block 6 and Lot 21, Block 5, Southbridge 1st Addition, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. 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'1`L •17 `�' ^4 , __,...s.\ S . 1 1 o vli I 01 IP S \ 4 r,� 3/ 4”2./t'b' �'6 13 °1F � '- 6532 . 14- segos. �9 A c3 g6.34 .. I,j8510 25 E lep �°os \ r a'• 16 /,/� 15 %iil x. 14 • \1,53, ira roti Iv \o• iLtt4q �Na7.13'07 E vel I 1 5•io63 ..E ., - - -z_, 51%61, 4 95.78 F S86'04'02"E • ..---- G .10 1$ 31\29 1 • X1°29 ,,t 'C?) • g5V2-1'5 A � / 0 / 0oo' • C -10 O /,?/ Q0 O O (%� O O N ry O'cn O S \ , O CD D cD " s) ) co .. -, y 7co o/ o C C 09 `Y ` co 0�c / \\ p 0 ...,I\)Coq) rno0CD CD O (D �\ ��IP /J rn (O rcl CNA C./)�O--~' � \ a-s °c m o . ‘‘,/,,,,b, ov Co Q rn p �' ........,OS � t�OQn1 \ cD `°° C00 pc)ci.�V) oo -•Omer \ 1.� -,� t 3 c o \ aoq olac:,Z 2 o �o o \ 4O / O S p \ / 0\ \ - /Zco co \ -j N co -,0 . nQO o Z3Q -O01 • 1)~`c0 op •ZO� ZQ o oZacnZ O➢ 00~ SQ _O c OOfteii• ci) OD N O O S ( 11111%N 0 (D, Z0 rt /'O 0 0 0 0 CO S c° n . Ill �� QQ •y0Sc° r 1• . 0Zo o� °OrvZ`° / `°p � rn00 oOO " o a4kik co N O/O cozt coNoo rt° mn --\ `ccD \ Y ojj / �Q O co co pQ ° � /O Op z oO p / oO cocD • tn Q SZ... 0Q.0 o O CO cD ^,. \ 4 3 co• � S 4 ()n Q O \ CSD �° o ‘,/),, QQ 9) .° rt �\ y -D C / 3 \ •.•. cS° �v \ �Q�� C ^3I- OV r o 0 N O\ 0o Ro 3 Q y T "0"v . 4x _ \\ Q4`C� p�5 i CO 0 o o / i e O -O Q \ , / V N aj.t CO cD , �\\�J` N \ $z v �° y II` z o a O o co o _ti 'moo oo �v a a n N aro �� v O o0 � o m o, CONSENT CITY OF SHAKOPEE LC. B r J Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Transit Capital Financial Assistance Agreement and Private Vehicle Capital Contract MEETING DATE: March 2, 1999 Introduction/Discussion: The Council is asked to authorize the appropriate City Officials to execute two transit- related agreements with the Metropolitan Council. The first is Contract No. SG-97-V-117. This contract implements the 1997 award to the City of up to $180,000 in capital improvement funds for the purchase of 3 transit vans. Execution of the contract is required before the Metropolitan Council will issue the funds to the City. The vans have been ordered and will be delivered shortly. For the Council's information, the vans will be housed and maintained by the City's transit provider. The second agreement is Contract No. SG-99-02. Under this agreement the Metropolitan Council will reimburse the City for the cost of privately procured vehicles used in providing City transit services up to $35,000, paid in twelve monthly installments. Alternatives: 1. Offer and pass a motion 1) authorizing the appropriate City officials to execute the Transit Capital Financial Assistance Agreement(SG-97-V-117), 2) authorizing the appropriate City officials to execute the Metropolitan Council Private Vehicle Capital Funding Agreement with the City of Shakopee((SG-99-02), and 3) approve payment in the amount of$175,550.97 to Hoglund Bus Co. Inc. for the purchase of three new Ford/Champion Buses contingent on Metropolitan Council acceptance and execution of Contract No. SG-97-V-117. 2. Offer and pass a motion authorizing one or more of the actions set forth in Alternative No. 1. 3. Do not take any of the actions requested in Alternative No. 1. 4. Table the request for additional information. Staff Recommendation: Staff recommends Alternative No. 1. TransitAgreements.doc/RML 1 CONSENT Action Requested: Offer and pass a motion 1) authorizing the appropriate City officials to execute the Transit Capital Financial Assistance Agreement(SG-97-V-117); 2) authorizing the appropriate City officials to execute the Metropolitan Council Private Vehicle Capital Funding Agreement with the City of Shakopee((SG-99-02); and 3) approve payment in the amount of$174,525.17 to Hoglund Bus Co. Inc. for the purchase of three new Ford/Champion Buses contingent on Metropolitan Council acceptance and execution of Contract No. SG-97-V-117. 7/ 7/° / R. Michael Leek Community Development Director TransitAgreements.doc/RML 2 r , Contract No. SG-99-02 METROPOLITAN COUNCIL PRIVATE VEHICLE CAPITAL FUNDING AGREEMENT WITH THE CITY OF SHAKOPEE THIS AGREEMENT is made between the Metropolitan Council("the Council"), a political subdivision of the state of Minnesota,and the City of Shakopee("the Recipient"), a political subdivision of the state of Minnesota. WHEREAS,the Council is authorized in accordance with Minnesota Statutes section 473.405 to operate public transit systems in the metropolitan area and to exercise all powers necessary or convenient to discharge its duties; and WHEREAS,through its contract(s)with private transit service providers,the Recipient is operating replacement public transit service pursuant to Minnesota Statutes section 473.388; and WHEREAS,the Council finds it desirable to provide a grant to the Recipient of Council transit bond proceeds for the purpose of paying the vehicle capital costs, specifically,the vehicle depreciation costs, associated with operating the replacement public transit service through the Recipient's contract(s)with private transit providers("the Private Vehicle Capital Cost"). NOW THEREFORE, in consideration of the mutual promises in this agreement,the parties agree as follows: I. TERM This agreement shall be in effect from January 1, 1999,through December 31, 1999 ("the Term"). II. COUNCIL FUNDING OF PRIVATE VEHICLE CAPITAL COST 2.01 Maximum Funding Amount. The Council agrees to pay the Recipient the Private Vehicle Capital Cost for privately-procured vehicles used in providing the replacement public transit services, in an amount not to exceed $35,000.00. 2.02 Funding Source. Funding provided under this agreement will come from Council transit bond proceeds as approved by the Council on December 3, 1998. 2.03 Method of Reimbursement. The Council will pay the Private Vehicle Capital Cost in eleven equal monthly payments of$2,918.69 each,with a twelfth payment of$2,894.41. The Council will make the payments upon submission of monthly requests for payment and a monthly summary report. The payment requests and summary reports shall be submitted not later than thirty(30)days after the end of the month in which services were provided. The Council shall review and approve the monthly requests for payment and issue a check within thirty(30)days of receipt. Requests for payment must be sent to: Metropolitan Council Office of Transportation&Transit Development Mears Park Centre, 7th Floor 230 East Fifth Street Saint Paul, MN 55101 4(11- -- 1 -- HI. VEHICLE ASSIGNMENT The Recipient will assign the privately-procured vehicles funded under this agreement to the replacement public transit service operated by the Recipient in accordance with Contract Number SG-98-13 between the Council and the Recipient. IV. GENERAL PROVISIONS 4.01 Vehicle Title. During the Term of this agreement,title to the vehicles funded under this agreement will be held by the Recipient or its replacement contract service provider. 4.02 Risk of Loss. During the Term of this agreement,the Recipient and its contract service provider bear the risk of loss of the vehicles. If any of the vehicles is damaged and cannot be repaired to its undamaged condition, or if any of the vehicles is lost, stolen, or destroyed,the Recipient and its contract service provider will replace the vehicle. The replacement vehicle(s)will be eligible for Private Vehicle Capital Cost funding in an amount not to exceed the remaining Private Vehicle Capital Cost of the vehicle(s) replaced, or in an amount not to exceed the actual depreciation cost of the replacement vehicle(s),whichever is less. 4.03 Fully-Depreciated Vehicles. If specified in writing by the Council,the Recipient shall transfer to the Council, at no additional cost to the Council, any fully-depreciated, privately-procured vehicles for which the Council has paid the full amount of depreciation under this or any previous private vehicle capital funding agreement. The Recipient shall also transfer to the Council the vehicle maintenance records and any documentation necessary to secure Council title to the vehicles transferred. If the Council does not require transfer of any such vehicle and the Recipient sells or otherwise disposes of the vehicle,the Recipient shall return any proceeds of the sale or disposition to the Council. If the Recipient sells or otherwise disposes of any fully-depreciated,privately-procured vehicle for which the Council has paid a portion of depreciation under this or any previous private vehicle capital agreement,the Recipient shall return to the Council a portion of any proceeds of the sale or disposition of the vehicle proportional to the percentage of total depreciation paid by the Council under this or any previous private vehicle capital agreement. 4.04 Partially-Depreciated Vehicles. If the Recipient voluntarily withdraws from transit service any partially-depreciated vehicles for which the Council has paid the full amount of the partial depreciation under this or any previous private vehicle capital agreement, the Recipient will, at the Council's option: (1) pay to the Council the amount of the vehicles' remaining scheduled depreciation over the full depreciation schedule of the vehicles; OR(2) transfer to the Council, at no cost, a number of vehicles proportional to the total number of vehicles funded by the Council, under this or any previous private vehicle capital funding agreement, as the amount of total Council-paid depreciation is proportional to the full depreciation schedule of all of the vehicles funded by the Council. If the Recipient voluntarily withdraws from transit service any partially-depreciated vehicles for which the Council has paid a portion of the partial depreciation under this or any previous private vehicle capital agreement,the Recipient will pay to the Council the Council's pro-rata share of the remaining scheduled depreciation over the full depreciation schedule of the vehicles. For purposes of this clause, "the Council's pro rata share" is calculated by dividing the total amount of Council-paid depreciation, under this or any previous private vehicle capital agreement,by the total amount of paid depreciation. V:5/ --2-- 4.05 Audit. As required by Minnesota Statutes section 16C.05,the records, books, documents, and accounting procedures and practices of the Recipient and any contractor(s)relating to this agreement shall be subject to audit and examination by the Council and the legislative auditor or state auditor. 4.06 Continuing Obligations. The parties agree that paragraphs 4.03,4.04, and 4.05 of this agreement impose continuing obligations that will survive the Term of this agreement. IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their duly authorized representatives. METROPOLITAN COUNCIL CITY OF SHAKOPEE By: By: James J. Solem, Regional Administrator Its: Date: Date: Approved as to form: Lynn M. Belgea Associate General Counsel PVC-SG-99-02.doc V3./ --3 -- Contract No.SG-97-V-117 (1997 Award) AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND CITY OF SHAKOPEE FOR TRANSIT CAPITAL FINANCIAL ASSISTANCE THIS AGREEMENT is entered into this day of , l9_, by THE METROPOLITAN COUNCIL,("the Council"),and CITY OF SHAKOPEE,("the Grantee"). WHEREAS,the Council is authorized by Minnesota Statutes§473.39 to issue bonds to provide funds to implement the Council's transit capital improvement program ("the Transit CIP"); and WHEREAS,the Transit CIP provides for funding of capital projects such as vehicle acquisition or refurbishment,public transit and support facilities,computer/communication equipment acquisition, transit equipment acquisition,and demonstration projects to assist in providing safe and convenient access to transit services; and WHEREAS,the Council is authorized by Minnesota Statutes§473.375 to provide financial assistance to operators of public transit in the metropolitan area; and WHEREAS,the Grantee is an eligible recipient for transit capital financial assistance and has applied to the Council for a transit capital grant; and WHEREAS,the proposed project is consistent with the Council's Transit CIP, and the Council desires to assist the Grantee by the award of a transit capital grant. NOW,THEREFORE,the Council and the Grantee agree as follows: I. DEFINITIONS 1.01 "Project"means the entire work effort funded in whole or in part by Council grant funds, described in Exhibit A. 1.02 "Council bond proceeds"means funds received by the Council from the intended issuance of Metropolitan Council general obligation bonds to accomplish the Council's Transit CIP. II. GRANT AMOUNT,GRANT PERIOD,AND PAYMENT OF PROCEEDS 2.01 Grant Amount. The Council agrees to make available to the Grantee during the grant period a total grant amount of$180,000 for the purpose of performing the Project set forth in Exhibit A, which is attached to and incorporated in this agreement. In no event will the Council's obligation under this agreement exceed the total grant amount. The Council shall bear no responsibility for any cost overruns which may be incurred by the Grantee in the performance of the Project. ja6‘- -1- 2.02 Grant Period. The grant period shall commence upon the execution of this agreement and remain in force and effect until December 31,2000. After that date,all grant funds which have not been expended shall revert to and become part of the Council's Transit Capital Fund and may be reallocated or expended by the Council for other transit capital projects. 2.03 Reimbursement Payments of Grant Proceeds. Except as provided in paragraph 2.04, all payments to the Grantee shall be made on a Reimbursement basis following submission by the Grantee to the Council of satisfactory documentation of grant-eligible expenditures. All documentation of expenditures shall be submitted in a form acceptable to the Council. The Council shall reimburse all grant eligible expenditures not in excess of the total grant amount within thirty(30)days of the receipt of satisfactory documentation from the Grantee. The documentation shall be subject to review and acceptance or rejection by the Council's Regional Administrator. Documentation shall be deemed to be accepted if it is not rejected in writing within ten(10)working days of receipt. 2.04 Joint Payment of Large Expenditures. In the event of an anticipated grant-eligible expenditure in a liquidated amount in excess of$50,000,the Grantee may request a check from the Council for payment of grant proceeds made out jointly to the Grantee and to the contractor or vendor to whom the grant eligible payment is owed. The Council shall issue such a check within thirty(30) days of receipt of satisfactory documentation from the Grantee of a grant-eligible expenditure in excess of $50,000. All documentation shall be submitted in a form acceptable to the Council. The documentation shall be subject to review and acceptance or rejection by the Council's Regional Administrator. Documentation shall be deemed to be accepted if it is not rejected in writing within ten(10)working days of receipt. The Grantee's endorsement on the check will be deemed to be a certification by the Grantee that the full amount of the check is for payment to the joint payee on the check and that no portion of the proceeds of the check will be paid to or retained by the Grantee. 2.05 Reimbursement Request/Progress Reports. To obtain reimbursement under this agreement,the Grantee shall submit a Reimbursement Request/Progress Report on forms provided by the Council. Reimbursement Request/Progress Reports may be submitted once per month,but must be submitted at least semi-annually by December 1 and June 1 of each calendar year of the grant period. The Grantee shall describe the activities undertaken in connection with the grant and shall provide sufficient documentation of grant-eligible expenditures and such other information as the Council's staff reasonably requests. 2.06 Council Fund Requirement. Notwithstanding anything to the contrary in this agreement,the payment of grant proceeds shall be made by the Council within the time frames specified in this article only if the Council has adequate transit bond funds on hand at the time that payment is due. The Grantee acknowledges that, at the time of execution of this grant agreement,the Council may not have issued the Council bonds,the proceeds of which will be used to fund the Council portion of this agreement. III. AUTHORIZED USE OF GRANT PROCEEDS 3.01 Project Costs. The costs of performing the Project as detailed in Exhibit A after July 24, 1997,and before expiration of the grant period are eligible for payment or reimbursement out of grant proceeds. 3.02 Professional Services Costs. The costs of legal,engineering,architectural, construction site management,design services, soils testing,preparing bidding or proposal specifications, or project -2- management services directly necessary to perform the Project are eligible for payment or reimbursement out of grant proceeds. Such services must be performed by outside firms or individuals. Direct staff costs incurred by the Grantee for these types of services are not grant-eligible costs. The amount of grant proceeds which may be used for these professional services costs must not exceed three percent(3%)of the total grant amount. 3.03 Administration Costs of Grant. The Grantee agrees to maximize the use of its own personnel and internal services in taking the steps necessary to perform the Project and minimize the administrative costs associated with the performance of the Project. Grant proceeds may not be used to fund any grant administrative costs. 3.04 Regional Use. The Grantee agrees to perform,operate,and maintain the Project capital assets in a manner consistent with the Council's Transit CIP, and further agrees that it will not adopt any rules or restrictions hindering regional use of the Project capital assets or sell or remove the Project capital assets from regional use without the express written consent of the Council,either during the grant period or for a period of four(4)years following. IV. ACCOUNTS,RECORDS,AND AUDIT REQUIREMENTS 4.01 Separate Account; Records. The Grantee agrees to establish and maintain a separate account for the Project and to maintain accurate and complete records and accounts relating to the receipt and expenditure of any and all grant funds. Such accounts and records shall be kept and maintained for a period of at least three(3)years following the expiration of the grant period. All costs charged to the Project must be supported by proper documentation, including properly executed payrolls,time records, invoices,contracts,or vouchers,evidencing in detail the nature and propriety of the charges. 4.02 Audit. The above accounts and records of the Grantee are subject to audit by the Council and may be inspected on the Grantee's premises or otherwise by individuals designated or authorized by the Council at any time following reasonable notification during the grant period and for a period of three(3)years thereafter. V. GENERAL CONDITIONS 5.01 Consultation. The Grantee agrees specifically to review and solicit recommendations and advice from the Council's staff at the earliest possible time if and when the Grantee expects that the following will or may occur: a. The costs for any portion of the Project will be higher than the Grantee's projected costs for that portion of the Project; or b. The total cost of the Project will exceed the total grant amount. If the Grantee,for any reason,determines that the Project or any portion of it should not be undertaken, or that there should be a change in the scope or costs of the Project or any portion of it,the Grantee shall submit to the Council's Regional Administrator a statement describing the situation and giving the reasons for the Grantee's determination. The Grantee may,simultaneously with the submission of the statement or within a reasonable time thereafter,recommend for Council approval alternative projects, activities, uses,expenditures, or allocations of grant funds. -3- • 5.02 Compliance With Law. The Grantee agrees to comply with the provisions of all applicable state and federal laws, including those laws pertaining to the use of bond proceeds. This grant is financed with bonds issued in accordance with Federal arbitrage restrictions. The Grantee will not use the grant funds in any way which would cause the bonds to be classified as"Arbitrage Bonds"under the Internal Revenue Code. The Grantee will not take any action that would adversely affect the exemption from federal income taxation of the bonds or omit to take any action necessary to maintain such tax exempt status. Further,the Grantee agrees that it is the Grantee's obligation and responsibility, and not the Council's,to comply with all other laws, regulations,and rules relating to activities undertaken in performing the Project. 5.03 Liability. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The Council's liability shall be governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes chapter 466,and other applicable law. 5.04 Amendments. The terms of this agreement may be changed by mutual agreement of the parties. Changes shall be effective only upon execution of written amendment(s) signed by authorized representatives of the Council and the Grantee. 5.05 Title to Equipment and Vehicles. Title to any equipment or vehicles purchased with grant funds must remain in the Grantee's name for the time period indicated in paragraph 3.04. Accordingly,the Grantee shall take reasonable measures to protect and defend its title interest and shall keep the equipment and vehicles free and clear of any liens, encumbrances,or other claims. 5.06 Operations and Maintenance. The Grantee agrees to be responsible to operate and maintain the Project in good working order for the time period indicated in paragraph 3.04 and to be responsible for any costs of operation and maintenance of the Project. 5.07 Risk of Loss. The Grantee bears the risk of loss of,damage to, or destruction of any equipment and vehicles purchased with grant funds and any buildings or other improvements to land accomplished in whole or in part with grant funds. At a minimum,the Grantee shall secure appropriate insurance or establish a fund for appropriate self-insurance to cover full replacement value and to protect the Council's investment of regional funds for the time period indicated in paragraph 3.04. 5.08 Equal Opportunity; Affirmative Action. The Grantee agrees to comply with all applicable laws, rules,and regulations relating to nondiscrimination and affirmative action in public purchase, involvement, and use. In particular,the Grantee agrees not to discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, sexual orientation, national origin, marital status, disability, status with regard to public assistance, membership or activity in a local civil rights commission, or age, and to take affirmative action to insure that applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training. In addition,the Grantee agrees to include affirmative action and equal employment provisions in any written contract entered into after the date of execution of this agreement which involves the provision of work or services which will be paid for in whole or in part out of the grant proceeds. -4- 5.09 Permits,Bonds,and Approvals. The Grantee is responsible for obtaining all applicable local and state licenses,permits,bonds,and authorizations necessary for performing the Project. 5.10 Acknowledgments. The Grantee shall appropriately acknowledge the financial assistance provided by the Council in any promotional materials, press releases,reports,and publications relating to the Project. 5.11 Construction. This agreement is intended to assist in implementing the Council's Transit CIP and Transportation Policy Plan/Development Guide Chapter and shall be interpreted consistently with them. 5.12 Effect of Project Close-out. The Grantee agrees that Project close-out does not invalidate continuing obligations imposed on the Grantee by this agreement. Project close-out does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review,and does not alter the Grantee's obligation to return any funds due to the Council as a result of later refunds,corrections,or other transactions. IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their duly authorized representatives on the day first written above. METROPOLITAN COUNCIL Approved as to form: By: James J. Solem,Regional Administrator Lynn M.Belgea Associate General Counsel CITY OF SHAKOPEE By: Its: By: capa97ml.doc Its: -5- EXHIBIT A DESCRIPTION OF PROJECT The funds granted under this agreement shall be used to accomplish the following project by the Grantee: • Purchase of three small buses to replace existing vehicles of the Grantee with similar vehicles at a total cost not exceeding$180,000. A-1 i s 7 CITY OF SHAKOPEE N S E NT� Memorandum •� TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared Andrews, Planner I SUBJECT: Resolution approving the appeal of Coldwell Banker DATE: March 2, 1999 INTRODUCTION At its February 16, 1999 meeting, the City Council voted unanimously on a motion to grant an Appeal approving a Conditional Use Permit(CUP)for multiple structures on one lot and for up to 80% office use with a 10 foot variance resulting in a 20 foot rear yard setback in the Heavy Industrial (1-2)Zone. Staff was directed to draft a resolution consistent with that determination. Staff has attached Resolution#5072 for Council approval. ALTERNATIVES 1. The City Council may approve Resolution#5072 with conditions as proposed by staff. 2. The City Council may approve Resolution#5072 with modified conditions. ACTION REQUESTED Make a motion to approve Resolution#5072 Jared Andrews Planner I i:\commdev\c61999\cc0216\cldwlres.doc RESOLUTION NO.5072 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, GRANTING A CONDITIONAL USE PERMIT FOR MULTIPLE PRINCIPAL STRUCTURES PER LOT AND OFFICES OCCUPYING UP TO 80 PERCENT OF THE PRINCIPAL STRUCTURES WITH A 20 FOOT REAR YARD SETBACK IN THE 1-2 HEAVY INDUSTRY ZONE WHEREAS,Valley Green Business Park, owner, has filed an application dated received December 11, 1998, for a Conditional Use Permit under the provisions of Chapter 11,Land Use Regulation(Zoning), of the Shakopee City Code, Section 11.46, Subd. 3,multiple principal structures per lot and offices occupying more than 35 percent of the principal structure and directly associated with a permitted use;and WHEREAS,this parcel is presently zoned Heavy Industry Zone(1-2); and WHEREAS,the property upon which the request is being made is legally described as; The East 610 feet of Lot 3, Block 2, Valley Park 12th Addition WHEREAS,notice was provided and on January 7, 1998,the Board of Adjustment and Appeals conducted a public hearing regarding this application,at which it heard from the Community Development Director and invited members of the public to comment. WHEREAS,the legal review period was extended 60 days upon consent of the applicant and the decision was tabled to the February 5th, 1999 Board of Adjustments and Appeals meeting where a motion to approve the request failed. WHEREAS, on February 8th, 1999 the City received the applicant's appeal of the decision of the Board of Adjustments and Appeals. WHEREAS, on February 16th, 1999 the City Council reviewed the applicant's appeal. NOW,THI REFORE,BE IT RESOLVED BY THE CITY COUNCIL OF TILE CITY OF SHAKOPEE,MINNESOTA AS FOLLOWS: That the City Council adopts the following findings of fact: 1. The proposed conditional use will not be injurious to the use and the enjoyment of other property in the immediate vicinity for the purposes that are already permitted, nor would it substantially diminish or impair property values in the area. Surrounding properties are industrial in character and use. 2. The proposed conditional use would not impede the orderly development and improvement of the surrounding property for uses predominant in the area. 3. Adequate utilities, access roads, drainage and parking exist to serve the site. 4. The overall use of the property is consistent with the purposes the I-2 zone with the conditions imposed below. 5. The use is not in conflict with the Comprehensive Plan,which designates this property for heavy industrial uses. BE IT FURTHER RESOLVED, That the application for Conditional Use Permit Resolution is hereby GRANTED, subject to the following conditions: 1. All parking associated with this facility shall be accommodated on site. 2. The site must generally conform to the site plans submitted. 3. A detailed site plan that meets the landscaping and parking ordinance must be submitted with the building permit application as well as proof of percentage of office use within the building. 4. Site must consist of structures that are owned, maintained, and operated under unified control. 5. The overall development must not exceed 80 percent office use. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1999. Mayor of the City of Shakopee Attest: , City Clerk Published in the Shakopee Valley News on the day of , 1999. Prepared by: City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 Is6. s CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Follow-up on Moratorium Ordinance MEETING DATE: March 2, 1999 Introduction: On February 16th the Council approved Ordinance No. 540 imposing a moratorium on new residential development until December 1, 1999. By the date of the Council meeting the ordinance will have been published and be in effect. Now the process of mapping out exactly what is to be studied, how to conduct the studies, and the timelines for completion of any studies needs to be specifically determined. Discussion: There are three basic items that seem to require study: • The short- and long-term need for life-cycle and affordable housing in the city, • Identification of the most ideal locations within the city for life-cycle and affordable housing, • Alternative zoning approaches for ensuring that the residential development occurring within the city is consistent with community goals and expectations. There are a number of approaches that can be used in completing these studies, including: • Staff completion of study elements, • Use of consultants to complete study elements, • Planning Commission and City Council participation in the development of the study elements, • Use of a separate task force structure to determine, oversee and review study elements. It has been pointed out that a task force structure was used in the City of Lakeville in the early 1990's. It appears to staff that the nature of the housing needs study suggests it would be appropriate to contract with a consultant for completion of that study. It seems that the study items related to location and staff working with the Planning Commission and City Council could complete revision of the zoning ordinance. The relatively short duration of the moratorium(nine months) suggests to staff that assembling and working with a Moratorium.doc/RML 1 separate task force might be to time consuming. It also seems that similar input and results could be garnered by staff meeting with the Commission and Council in joint session at key points in the study process. Action Requested: Staff requests approval from the Council to prepare a request for proposal for completion of a study of the need for life cycle and affordable housing. Staff also requests any additional direction regarding the study/studies to be conducted during the moratorium period. R. Michael Leek Community Development Director Moratorium.doc/RML 2 CONSENT CITY OF SHAKOPEE )s, L3 , b , Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request for Approval of Extension Agreement with WSB & Associates, Inc. to complete Additional Analysis in Connection with the Eastern Shakopee MUSA Expansion and Revisions to the Sanitary Sewer Element of the Comprehensive Plan MEETING DATE: March 2, 1999 Introduction: On February 11, 1999 staff met with Metropolitan Council staff to discuss the request for MUSA expansion in eastern Shakopee. At that meeting Metropolitan Council staff informed the City that additional sewer and transportation analysis would be required for the application to proceed. Some of the sewer information being required relates to overall sewer flow calculations under the draft land use plan. Staff is requesting approval of an extension agreement with WSB to complete this work. A copy of the agreement is attached for the Council's review. The total cost of the services is $9,000.00,which would be paid for out of a combination of budgeted funds and remaining planning grant funds. Alternatives: 1. Authorize the appropriate City officials to execute an extension agreement with WSB& Associates,Inc. for completion of traffic and sanitary sewer studies. 2. Do not authorize the appropriate City officials to execute an extension agreement with WSB &Associates,Inc. for completion of traffic and sanitary sewer studies. 3. Table the matter for additional information. Staff Recommendation: Staff recommends Alternative No. 1. Action Requested: Offer and pass a motion authorizing the appropriate City officials to execute an extension agreement with WSB&Associates,Inc. for completion traffic and sanitary sewer studies. R. 'chael Leek 1 - 350 Westwood Lake OB.A.Mittelsteadt,P.E. Office Bret A.Weiss,RE. H{cB 8441 Wayzata Boulevard Peter R.Wil(enbring,P.E. Minneapolis, MN 55426 Donald W.Sterna,P.E. Ronald B.Bray,RE. 612-541-4800 &Associates, Inc. FAX 541-1700 March 2, 1998 Mr. Michael Leek Community Development Director City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1376 Re: Estimate of Cost to Provide Engineering Services Eastern Shakopee MUSA Expansion WSB Project No. 1014.53 Dear Mr. Leek: According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2 (Major Projects), this extension agreement is written to provide you with an estimate of cost for engineering services for the above-referenced project. We are proposing to complete the work,as detailed on the attached scope of services,Exhibit"A". The attached work plan describes the approach and tasks proposed to be completed by WSB. It should be noted that the work plan includes producing a traffic study and sewer study for the areas adjacent to Shakopee Crossings and Valley Green Corporate Center. Payment of services would be completed by the following schedule: Traffic Study(cost-reimbursable;not to exceed) $4,500 Sewer Study(cost-reimbursable; not to exceed) $4,500 Total $9,000 It is proposed that all work under the contract would be considered complete after the Met Council rules on the MUSA expansion. We are available to begin work plan as soon as authorized by the City and we anticipate to complete the project according to the following schedule,assuming that we receive the notice to proceed on March 2, 1999. We would propose to complete the project according to a tentative schedule noted as follows: Meeting with Met Council Week of March 8, 1999 Draft Traffic and Sewer Study April 2, 1999 Meeting with Met Council Week of April 12, 1999 Final Traffic And Sewer Study April 30, 1999 Met Council Discussion May/June, 1999 Minneapolis • St . Cloud Infrastructure Engineers Planners F.IWPWIN11014.531030299-mlwpd EQUAL OPPORTUNITY EMPLOYER Mr. Michael Leek City of Shakopee Shakopee,MN March 2, 1999 Page 2 The City of Shakopee agrees to reimburse WSB & Associates for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval,please sign below and return one copy to our office. Sincerely, WSB&Associates,Inc. (giu+A 'w P Bret A. Weiss, P.E. City Administrator Vice President c: Bruce Loney, City of Shakopee City Clerk Mayor Date nm F.IWPW/NU014.531030299-m1 wpd Eastern Shakopee MUSA Expansion Exhibit A City of Shakopee,MN WSB Project No. 1014.53 WORK PLAN • Project Management This task includes planning and coordination of all work tasks,establishment and monitoring of budgets, and correspondence with the City of Shakopee on a periodic basis. The project manager will provide technical direction on all aspects of the project, review all work products,and prepare monthly progress reports. The project manager will serve a primary role in the many design considerations. • Data Collection All available data will be collected from the City, Scott County, Mn/DOT, Metropolitan Council, and adjacent developers as necessary, to prepare the responses to Met Council concerns. • Traffic Study A traffic study will be prepared addressing the Met Council's transportation issues,especially adjacent to TH 169 and CSAH 18. The study will include: • A trip generation analysis of the Shakopee Crossings development, as well as the Southbridge Parkway development currently under construction; • Review of the City's Transportation Model to document inclusion of the developments. • A capacity and level of service analysis for CSAH 18 and TH 169; • Development of a study report documenting the existing and projected traffic conditions, existing and future roadway configurations, as well as conclusions and recommendations of the analysis. This task will also include two meetings with Met Council to present and obtain input from them on the transportation issues. • Sewer Study A sewer study will be prepared addressing the Met Council's sewer flow issues. The study will include: • Analysis of sewer flows for the Shakopee Crossings and Valley Green Corporate Center projects; • Determining the future sewer flows in the area, including the new developments; • Analysis of what the existing comprehensive sewer plan includes for these areas with respect to sewer flows. • Development of a study report documenting the existing and future sewer flows, as well as conclusion and recommendations of the analysis. This task will also include two meetings with the Met Council to discuss and receive input on the study. 1 F IWPWIMiO/4.331erh-a.wpd CITY OF SHAKOPEE / 5 , 34, 7 Memorandum ' 17: TO: Mayor and City Council `" `' ENTI Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Request for Extension of Preliminary Plat Approval for Dominion Hills DATE: March 2, 1999 Discussion: Dave Brown has requested extension of preliminary plat approval for Dominion Hills. Mr. Brown's letter is attached to this report. The preliminary plat for this development was approved by the City Council in March 1992. Please find attached to this report an exhibit illustrating the location of Dominion Hills. Section 12.03 of the City Code states that the City Council may extend the time period of preliminary plat approval, upon written application by the developer and for good cause shown. Each extension shall not exceed a 12 monthp eriod. The developer has recently pursued the right-of-way vacation process for portions of right-of-way within the undeveloped portions of Dominion Hills. The developer pursed the vacation process to determine what actions would be appropriate for further development timing. Therefore, the applicant is requesting the 12 month extension in order to have the necessary time to develop the property appropriately. Alternatives: 1. Approve the requested extension. 2. Do not approve the requested extension. Action Requested: Offer and approve a motion granting extension of the preliminary plat approval for Dominion Hills to March 2, 2000. Julir, ' ima Planner II is\commdev\cc\1999\cc03 02\domhlext.doc , ED 4:05 PM DAVE BROWN REALTORS FAX NO 6124458240 P. 2 BROWN DAVE _ R �O�S . REALTOR"MUtT1PLELISTING SEAvICS 287 S. Marschall Rd., Suite 206 AILS LOUALHouslNG Shakopee, Minnesota 55379 OPPORTUNITY Residential and Commercial Sales (612) 445-8155 February 24, 1999 City of Shakopee 129 Holmes St. So. Shakopee, MN. 55379 ATTN. : Julie Klima RE: Extension of preliminary plat approval of Dominion Hills To Whom It May Concern: I am hereby requesting a 12 month extension of the preliminary plat of approval of Dominion Hills. If you have any questions please call me. Sincerely, • Dave Brown DB/kv • CO.RD. NO. 79 TOVNLINE AVE. _ e- 0 6 z k\3 0 i_ o __› . -,-- ...,,,... ..„40„,. _ I: 97* 0 �� `may 7/ < o — ' i I. ►� 0 � / ' gym .4 ,( . E. 0 x, ___\/43 • . ,qa xi V \ ill*r7,11renel -. tAR! gym_ FAl 00= Dco �� HER. �,� . .,... ,..A. , ,.,,,,.. \, N N- Lit,....L__ , \ <44, .�0..,.. -.....44461%.":1111110 \ .�,:. \ F IF i 0 I ,Alla 0 H ENSTEIN CT. = N All ,s '........,, \\ 7 � \\ \ . ,,,,,,„„ \,,,, ,. ,....k „,,,,,: : . .,. \ waif iFc m CI' L31 \ MA'LE TR. CO 1� z 0 A 11 a 14 111K Ili k3 /1) 7373 O 3 2IT < a m m xi 0 3. )1 t1 D X) L .A.H. N . Iii /5'i C. 14 CITY OF SHAKOPEE Memorandum SENT, TO: Mayor& City Council Mark McNeill, City Administrator FROM: Michael Hullander, Public Works Supervisor SUBJECT: Purchase of Single Axle Dump Trucks DATE: March 2, 1999 INTRODUCTION: On August 4, 1998, City Council approved a motion directing staff to proceed with 1999 equipment acquisitions, which included a single axle dump truck for the Public Works Department. Council also directed staff to proceed with the 2000 acquisition of a single axle dump truck. The 2000 single axle dump truck is an addition to our fleet, contingent on Council's approval of the hiring of an additional employee in 1999. At the time, staff felt ordering of the additional truck should be delayed until Council's approval. City Council did not approve of hiring an additional employee in 1999, but staff will be resubmitting a request for an additional employee for 2000. Although the City ordered one single axle truck in 1998, from Boyer Ford at the Sate bid price of$51,275.00, Boyer Ford ordered two trucks. Staff would now like to order the additional single axle dump truck in order to retain the 1998 State bid price of$51,275.00. Staff feels this truck is needed in 2000 to maintain reasonable service levels, even if an additional employee is not approved in 2000. BACKGROUND: The State bid price for a 1998 single axle dump truck is $51,275.00 and is a Ford from Boyer Ford. The City will need to purchase a box, plow, wing and sander for a complete assembly cost which is estimated to be $95,000.00 Staff needs to submit a purchase order to the State in order to retain the 1998 purchase price and also due to delays in the availability of transmissions, as soon as possible, so we can expect delivery in early 2000. The requested action is for Council to authorize the purchase of one single axle dump truck, utilizing the State bid price of$51,275.00 and payment to be expended from the Internal Service Equipment Fund. Payment for this truck is not done until the truck has been delivered. ALTERNATIVES: 1. Authorize the purchase of one single axle dump truck at $51,275.00, utilizing the State bid. 2. Do not authorize purchase at this time. 3. Table for additional information. RECOMMENDATION: Staff recommends that Council approve the purchase of one single axle dump truck, cab and chassis using the State bid price of$51,275.00. ACTION REQUESTED: Move to authorize the purchase of one single axle dump truck, cab and chassis at $ 51,275.00,with the purchase to be paid out of the Internal Service Equipment Fund. Michael Hullander Public Works Supervisor MH/pmp PURCHASE /5. C . 2 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Pheasant Run Grading Proposal DATE: March 2, 1999 INTRODUCTION: Staff has received an attached letter from Pheasant Run of Shakopee, LLP, on a different grading proposal than presented at the time of plat approval for Pheasant Run. Since this proposal involves significant hauling of material in and out of Pheasant Run, staff is requesting Council direction. BACKGROUND: Pheasant Run was approved in 1998 as single family residential plat. The grading plan approved with the preliminary plat approval showed an excess quantity of 150,000 cubic yards (C.Y.) to be removed and considerable hauling of material from the north end of the site to the south end. In 1998, the 150,000 C.Y. of excess material was removed and utilized by Ames Construction on another highway job. The new proposal from Pheasant run of Shakopee, LLP, is to remove 200,000 C.Y. of material from the north end of the site to another off site location and bring in 200,000 C.Y. of material from another off site location to grade the south end of the project. The ordinance definition on mining is as follows: "Mining" - The extraction of sand, gravel, rock, soil or other material from the land exceeding 1000 cubic yards and the removing thereof from the site without processing. The term shall not include removal of materials associated with construction of a building or grading of a subdivision, provided such removal is an approved item in the building permit. The grading proposal would not be grading below the approved grade, however, it has been staff's interpretation of this provision that excess material generated during the grading of the site would be allowed to be removed from the site. This proposal is essentially a soil import and export similar to what mines do in selling material. In reviewing this proposal to the mining definition, if this removal of material was necessary for the grading of the subdivision, this would not be considered mining. Since this definition is somewhat ambiguous, staff is requesting Council direction on whether the grading operation involving import and exporting of material is acceptable. This proposal is not acceptable to staff for the following reasons: • If allowed, grading operations of this sort would be prevalent in future developments. • Significant truck traffic will be generated affecting the quality of life of nearby residents. • No guarantee of material being brought back in a timely fashion. • Damage to City streets and the potential difficulty in correcting the damage to the satisfaction of the City. • 17th Avenue East Contractor, Chard Tiling & Excavating, will not honor his warranty if 17th Avenue is used a hauling route by Ames Construction. • Staff received complaints from Valley View residents during the hauling of the excess 150,000 C.Y. last year. • No direct benefit for the City of Shakopee except for a possible increase grading permit fee. • High inspection costs to verify compliance with load restrictions, dust control and citizen complaints. ISSUES: The proposal is a change to the grading plans approved a the preliminary plat approval. There was no mention of removing material off site except with the excess material. Staff is requesting Council direction in this matter since this is an important policy decision on how future developments will be allowed to grade their sites. If Council decides that this type of grading operation should not be allowed, staff would recommend that the City Attorney be directed to review the mining definition in the City Code. If Council agrees that this grading operation should be allowed, then Council should provide staff with conditions to impose on this grading permit. ALTERNATIVES: 1. Direct staff to process a grading permit with conditions to allow the grading work as proposed by Pheasant Run of Shakopee, LLP. 2. Direct staff to deny this grading proposal. 3. Table for additional information. 4. Direct the City Attorney to revise the mining definition in the City Code. RECOMMENDATION: Staff recommends Alternative No. 2, as allowing this type of grading would be setting a precedence in future developments and is not the intent of the previous grading plan approval submitted with preliminary plat. Also, Alternative No. 4 is recommend to have the City Attorney better define the mining definition in the Zoning Ordinance. ACTION REQUESTED: Approve a motion providing staff direction on this issue. ruce Loney Public Work P irector BL/pmp GRADING r,, ,,,, , ,...,,,„ . .. , , February 1, 1999 Mr. Bruce Loney, Director of Public Works Mr. Mark McNeil, City Administrator City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1351 Re: Pheasant Run of Shakopee 1999 Construction Gentlemen: As you are aware, we have made very significant progress in bringing our project to fruition over the past year. With your cooperation, and the blessing of an extended fall work season, we were able to complete all grading, roadway and utility installation for the First Addition of Pheasant Run. In addition, we were able to accomplish most of the rough grading of the Second Addition of Pheasant Run. As we planned, we will have new families living in Pheasant Run in spring of 1999. Our original plan for this development was to develop the Project in phases, with work on new additions being started only as lot sales warranted. This plan would have allowed us to recoup our development costs from lot sales rather than having to finance the entire development at one time. However, due to some very fortunate circumstances, we may now have the opportunity to complete most, if not all of the site grading for both the Third and Fourth Additions of Pheasant Run during 1999. The grading of the Third and Fourth Additions of Pheasant Run requires approximately 200,000 cubic yards of fill material (mainly on the southeastern end of those Additions) to complete the work according to the plans and specifications. This fill material was originally planned to be moved from the northern section of these Additions to the fill areas. An illustration of these requirements is shown on the drawings and cross-sections enclosed with this letter. Ames Construction, Inc., the contractor that will perform the site grading has a State construction project which requires the removal of approximately 200,000 yards of clean, uncontaminated silty sand, and its replacement with clean, uncontaminated sand. Ames has proposed that it be permitted to excavate approximately 200,000 cubic yards of sand in the cut areas in the northern portions of the Third and Fourth Additions and haul it by truck to the State project. The excess silty sand from the State project would then be trucked into the fill areas on the southeastern end of the Third and Fourth Additions of Pheasant Run. In exchange for being permitted to utilize the cut and fill of Pheasant Run as described, Ames would be able to accelerate all of the remaining grading work in the Third and Fourth Additions. Pheasant Run of Shakopee L.L.P. 2500 West County Road 42 • Suite 11 • Burnsville,MN 55337 • (612)894-2440 • Fax(612)890-9281 http://www.PheasantRunHomes.com Mr. Bruce Loney Mr. Mark McNeil February 1, 1999 Page Two Our hauling options are as follows: OPTION 1 Ames proposes to haul the excess sand out of the northern portion of Pheasant Run through the newly constructed, but unfinished, 17th Street to Marschall Road and then onto TH 169. Loaded trucks returning from the State project would access the fill areas by way of TH 169 to Scott County Road 83,to Valley View Road. OPTION 2 Ames proposes the haul route from Pheasant Run to Valley View Road, Valley View Road to Marschall Road or County Road 83, Marschall Road or County Road 83 to TH 169. Option 1 is by far the safest, least disruptive and preferred option due to the large amount of traffic that could be encountered on County Road 83 while making a left turn. By permitting Ames to exercise its proposal, most, if not all site grading required for Pheasant Run Third and Fourth Additions will be completed during 1999. We believe that compressing up to three year's work into one year will be of great benefit to both Pheasant Run and to the City of Shakopee. First, since virtually all of the remainder of the grading will be done in one year, there will be far less disturbance in the form of activity, noise and dust for both the new residents of Pheasant Run and existing City residents. Second, since Amesro oses to create a new access to the site on the far southeastern p p edge of the project, virtually all construction traffic at the existing construction entrance on Valley View Road will be eliminated. In addition, this new access will eliminate conflicts with adjacent existing Valley View Road residents' driveways. Third, allowing for us to move forward with this work will allow us to continuously sell lots to new Shakopee residents and taxpayers without interruption for grading future phases. Only utility and street work will be required once the grading is done in the Third and Fourth Additions. In addition to the direct benefits to the City, we have not ignored considering how we could best minimize any possible downside risks to the City. First, the proposed work would be done under the existing Development Agreement with the City, and all appropriate bonds would be filed with the City with regard to street damage and other issues. Second, we would maintain and reclaim Valley View Road to its original condition (per City of Shakopee specifications), at our expense, as we did in 1998. This would include Mr. Bruce Loney Mr. Mark McNeil February 1, 1999 Page Three water trucks for dust control during the hauling period and additional gravel and blading maintenance, as needed, when hauling is complete. Third, we have consulted the Scott County Highway Engineer, Brad Larson regarding this proposal, and he has indicated that there would be no problem with Ames hauling legal loads on Scott County Roads 17 or 83. Fourth, we have considered the safety implications of the truck traffic. We believe that the right turns planned from Scott County Road 83 onto Valley View Road, off of Valley View into Pheasant Run, from 17`h Street onto Scott County Road 17, and from Highway 17 onto TH 169 represents the best and safest routing of trucks for the project,the City and its residents. Fifth, although the proposed work should not be considered a mining project since no material will be removed below planned grade, we will pay the Scott County gravel tax on amounts of sand removed, a portion of which will come back to the City for its road account. Finally, 17th Street has not had its final lift of asphalt placed. During the truck haul portion of our proposed work program, we will follow the guidelines of our Development Agreement with regard to street sweeping, and will provide financial assurance to the City that we will repair any damage caused to 17th Street by our activities. We believe that this proposal is both reasonable and beneficial to both the City of Shakopee and Pheasant Run. Please review this letter and the enclosed drawings. If you or any other City staff has any questions, please call me. If you are unable to grant us permission to perform the proposed work, and must defer to the City Council, we respectfully request that this matter be placed on the agenda of the next City Council meeting. We have enclosed six(6) copies of the grading plan for Pheasant Run reflecting the implementation of this proposal. Thank you for your consideration. Sincerely, Pheasant Run of Shakopee, LLP awn L. 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AVMHOIH IS• C. 3 CITY OF SHAKOPEE r- _ Memorandum CONSENT TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Vierling Drive from Fuller Street to Western Plat Line of Orchard Park West; Project No. 1998-3 DATE: March 2, 1999 INTRODUCTION: Attached is Resolution No. 5071, which approves the plans and specifications and authorizes staff to advertise for bids for Vierling Drive, from Fuller Street to western plat line of Orchard Park West,Project No. 1998-3. BACKGROUND: On February 17, 1998, the City Council adopted Resolution No. 4842, ordering the preparation of a feasibility report for the improvements listed above. The feasibility report was completed and submitted to City Council on March 17, 1998. At that meeting, Resolution No. 4866, a resolution receiving a feasibility report and calling for a public hearing was approved and set the public hearing for April 21, 1998. A public hearing was held on April 21, 1998 and Council adopted Resolution No. 4891 ordering the improvement and preparation of plans. The plans have been completed, and staff is asking the Council to consider approving the plans and ordering the advertisement for bids. At this time, there are additional roadway and construction easements that need to be obtained. It is expected that those easements will be obtained and purchased, as a result of the condemnation process currently being undertaken by the City by May 5, 1999. The contract specifications have been structured so that the contract can be awarded before easements are officially obtained and the contractor must schedule his work accordingly. The ordering of this improvement project was on April 21, 1998 by Resolution No. 4891. Per Minnesota Statutes, Chapter 429, a contract must be awarded within one year of ordering the improvement project or a new public hearing must be held. It is staff's intent to hold a bid opening and ask Council to award a contract at the April 6 or April 20, 1999 Council meeting. Those easements are at the east end of the project, along the southern portion of the roadway. ALTERNATIVES: 1. Adopt Resolution No. 5071. 2. Deny Resolution No. 5071. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to approve plans and specifications in order to proceed with this project so as to construct the improvements this year. ACTION REQUESTED: Offer Resolution No. 5071, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Vierling Drive, from Fuller Street to the Western Plat Line of Orchard Park West, Project No. 1998-3 and move its adoption. i //// truce Loney Public Works Director RESOLUTION NO. 5071 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids Vierling Drive, From Fuller Street To The Western Plat Line Of Orchard Park West Project No. 1998-3 WHEREAS,pursuant to Resolution No. 4891 adopted by City Council on April 21, 1998, 1998, Bruce Loney, Public Works Director has prepared plans and specifications for Vierling Drive, from Fuller Street to the West Plat Line of Orchard Park West by installation of sanitary sewer, watermain, storm sewer, street, concrete sidewalk, bituminous trail, street lighting and any other appurtenant work and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk / 5.; C• y, CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Traffic Control Signage Changes DATE: March 2, 1999 INTRODUCTION: This item is for Council authorization for the placement and/or removal of traffic control regulatory signs. The installation or removal of any regulatory sign must be approved by City Council per City ordinance. BACKGROUND: The placement of regulatory traffic control signs is regulated by ordinance and the City Council must authorize any changes as per Chapter 7, Section 7.03 of the City Code. Several signage changes are recommended in the Signing Study as prepared by WSB & Assoc., Inc., as well as individual signage studies done by staff over the past year. The signage changes which staff can recommend at this time are as follows: • Authorize the installation of stop signs on Quincy Circle and Jefferson Street with Vierling Drive intersection (Note: stop signs were installed earlier this year to provide uniformity along Vierling Drive and avoid traffic driver confusion). • At 7th Avenue and Fuller Street -remove yield sign and replace with stop sign. • At 8th Avenue and Fuller Street - remove yield signs on Fuller Street and install stop signs on 8th Avenue. • At 17th Avenue and Sarazin Street - remove stop sign on 17th Avenue as 17th Avenue is the major street. • At Sarazin Street and French Trace Avenue - install stop sign at French Trace Avenue. • At Whitney Street and Bluestem Avenue - install "Intersection Crossing Ahead" warning signs and a 20 mph warning sign at each intersection leg to alert motorists of an intersection. • At 6th Avenue and Adams Street - install on the existing stop signs, a sign that states "Cross Traffic Does Not Stop". Another recommendation that staff has for these signage changes is to place "Traffic Control Change Ahead" signs for one week to alert the motoring public. Other recommendations for signage changes listed in the Signing Study will be investigated further and brought back later to the City Council for implementation. In the Signing Study, there were four areas listed for signage changes and estimated costs as follows: Signage Description Estimated Cost Update Sign Inventory(Annually) $ 2,500/Yr. Replace Damaged or Defective Signs $10,000 School Signing $ 9,600 Replace or Install Signs to $ 4,500 Correct Signage as per Chapter III The Public Works Department Budget for signs is $4,000 for supplies with another $5,000 available under Professional Services under miscellaneous services. The updating of sign inventory will be budgeted for in next year's budget while Public Works Budget will concentrate on the replacement of damaged and defective signs and replacement of signs to correct signage at various intersections. The signage cost is more than the budget funds. If Council wishes to complete the signage recommendations for the schools this year, a budget amendment must be done or budget the cost for next year. ALTERNATIVES: 1. Direct staff to implement the signage change at the seven locations as stated in the memorandum. 2. Direct staff to implement the signage changes at locations as determined by City Council. 3. Table for additional information. 4. Provide staff direction as to the schedule of funding on the school signage for pedestrian crosswalks. RECOMMENDATION: Staff recommends Alternative No. 1, to improve the signage at these intersections. Also, staff is requesting Council direction on installing up to date signage for pedestrian crosswalks around schools. ACTION REQUESTED: 1. Direct staff to implement the signage changes at the seven locations as stated in this memorandum. 2. Provide staff direction on signage for pedestrian crosswalks and schools. `4 ruce Loney Public Work d irector BL/pmp TRSIGNS �s.c.S; CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Adoption of Signing Study DATE: March 2, 1999 INTRODUCTION: A traffic signing study was reviewed by City Council at its October 26, 1998 Council Work Session as prepared by WSB & Assoc., Inc. Comments were received and final revisions have been made for Council adoption of this study and its policies. BACKGROUND: A Signing Study has been performed by WSB & Assoc, Inc. for the City of Shakopee to review the signing standards, policies and existing signs and to make recommendations on these items. This plan was reviewed at an October 26, 1998 Council Work Session and the plan generally accepted. Minor changes have been made, as per an attached letter to WSB & Assoc., and revisions made to reflect those comments or will be addressed later in future individual signage studies. The purpose of this agenda item is to adopt the plan and the policies contained herein with individual intersections or school signing brought back for future Council approval. ALTERNATIVES: 1. Adopt Resolution No. 5074. 2. Deny Resolution No. 5074. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 5074, A Resolution Approving the Signing Study and Policies and move its adoption. Bruce Loney/ Public Works Director BL/pmp MEM5074 RESOLUTION NO. 5074 A RESOLUTION ADOPTING A SIGNING STUDY AND POLICIES WHEREAS, the City Council of Shakopee authorized on August 5, 1997 for WSB & Assoc., Inc. to prepare a Transportation Signing Study for the City of Shakopee and to determine if existing signs are in compliance with State laws; and WHEREAS, the Signage Study includes policies of signage and recommendations to signage in the City of Shakopee; and WHEREAS, the City Council of Shakopee has reviewed this Signing Study at an October 26, 1998 Council Work Session and at a March 2, 1999 Council meeting. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF SHAKOPEE, MINNESOTA: that the Signing Study is hereby approved and adopted and City Officials are hereby directed to follow said policies in the Signing Study, dated October 26, 1998 and revised on March 2, 1999. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that specific traffic control signage changes must obtain future Council authorization for implementation. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk PINI4LAI SHAKOPEE January 18, 1999 Chuck Rickart WSB & Assoc., Inc. 350 Westwood Lake Office 8441 Wayzata Blvd. - Mpls.,MN 55426 RE: City of Shakopee's Signing Study Dear Chuck: This letter has my final comments in regard to the Signing Study as done by WSB & Assoc. and was presented to the City Council at the October 26, 1998 City Council Work Session. The comments are in numerical order and will refer to each section of the Signing Plan. Section 1 -Introduction 1. No comments for this section. Section 2 - Signing Standards and Policies 1. Pages 7 and 10 are missing with the report. 2. Clarification on requests for stop signs or warning signs. Can a preliminary sign installation evaluation be done by staff if a resident inquires versus going to a sign petition? For instance, if an issue is brought to staff's attention and staff believes this is a reasonable request, can staff go on its own or does a petition need to be provided in order for a sign installation request to be acted upon? Section 3 - Stop Sign Study 1. On Page 2 the sentence after Figure 3.3, that refers to the southeastern area of the City of Shakopee versus southwestern. 2. On Page 3, Figure 3.5, it is being recommended that stop signs be added on Miller Street and Swift Street at Shakopee Avenue. This would conflict with the stop signs that are not located on other streets in this area and staff feels that these signs are not necessary or has been a problem. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota• 55379-1351 • 612-445-3650 FAX 612-445-6718 Section 4- School Signing Study 1. On Page 2, Figure 4.2, the signage around St. Mark's church and school. On Item 1, Atwood Street between the blocks of 4th Avenue and 5th Avenue, Scott County Employee's Association has requested mid-block pedestrian crossing at this location. This would facilitate the employees from the parking lot to the new Scott County Justice Center. Do you feel this is an appropriate request or does this need further evaluation? If this is appropriate, this could perhaps be added to St. Mark's Figure 4.2 and in the narrative. 2. On Page 3, Figure 4.3, the very last sentence appears to be a typo error in describing the sign facing west on 6th Avenue on Lewis Street. 3. On Page 3, Figure 4.4, B.F. Pearson Elementary School, one question raised by the School District was if the City was going to use the new lime green color on pedestrian crossing signs. Also, the School District is considering a rerouting of traffic for Pearson Elementary School which may affect the school crossings in that area. Ron Ward, of Independent School District #720, has indicated that he would submit a plan to us once it is completed for the rerouting of traffic and parking at this school. Section 5 -Downtown Parking Signage Study 1. Please insert the revised parking study that was approved by City Council and implemented by the City of Shakopee. Section 6 -Miscellaneous Signage Study 1. Bluestem Street and Whitney Avenue - The recommendation in the study is for one intersection crossing ahead sign and 20 m.p.h. warning side for southbound Whitney Avenue. At the Council work session, it was suggested that perhaps an intersection ahead sign be installed on the legs of Bluestem Street, as well, since the blocks in this area are quite lengthy and the motorists may not notice the intersection as readily as others in the area. Also, under this section is the study for 6th Avenue and Adams Street, which was previously done by City staff could be included with a recommendation by WSB & Assoc. for this intersection. At the October 26, 1998 Council work session, it was suggested that the stop signs on Adams Street could include an additional sign that states that cross traffic does not stop. One other comment is on the school speed zone study which was icluded in the original proposal. Is the paragraph in Section 4, School Signage Study, sufficient to address this issue? Please review my comments and it is my intent to have this plan revised and adopted at the February 2 or February 16, 1999 City Council meeting. At this meeting I would propose that Council adopt the Signage Study and policies contained herein, and also would make recommendations on individual intersections in which we have recommendations available. The other item that staff will have Council address is how to fund the signage changes proposed in this study, as well as the maintenance upkeep, and review this with City Council and ask for direction. If you have any questions in regard to this letter, please feel free to contact me at Shakopee City Hall. Sincerely, Bruce Loney,P . Public Works Director BL/pmp SIGNS - 350 Westwood Lake Office B.A.Mittelsteadt,P.E.Bret A.Weiss,P.E. WSB 8441 Wayzata Boulevard Minneapolis, MN 55426 Peter R.Willenbring,P.E. Donald W.Sterna,P.E. Ronald B.Bray,P.E. .4111111111 612-541-4800 &Associates,Inc. FAX 541-1700 February 24, 1999 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: City of Shakopee Signing Study Dear Bruce: Attached,please find revisions to the City of Shakopee Signing Study,based on your comments in the letter of January 18, 1999. Following is a summary of your comments and the response to each comment: Section II - Signing Standards and Policies 1. Pages 7 and 10 have been attached for your review. 2. The stop sign or warning sign policies would be a tool in which the City staff can regulate and control the number of stop sign and/or warning sign requests that come in front of the City Council. If the City chooses to do the preliminary investigation prior to a petition,that would be a City staff decision. However, consistency should be considered when making this determination. If you do it for one neighborhood, you should be prepared to do it for another. One option for this may be to require the sign petition after an initial evaluation has been completed and the Public Works Director has made his determination to go to a full intersection analysis or not to proceed with the analysis. Section III - Stop Sign Study 1. The typo on page 2 has been revised and a new page 2 is attached. 2. On Figure 3.5,the two proposed installations of stop signs on Miller Street and Swift Street, have been removed and a new page 3 and Figure 3.5 have been attached. Section IV - School Signing Study 1. The signage around St. Mark's Church and School should be studied in greater detail. This would include an analysis of the pedestrian movements and vehicular movements on Atwood Street, 4th Street, and 5th Street. This recommendation has been included on page 3 and a new page 3 has been attached. Infrastructure Engineers Planners F:\WPWIN\1014.26\sign-stdy\022499-bl.wpd EQUAL OPPORTUNITY EMPLOYER Mr.Bruce Loney,P.E. Public Works Director/City Engineer City of Shakopee February 24, 1999 Page 2 2. The typo on page 3 has been revised and a new page 3 has been attached. 3. The use of fluorescent yellow school crossing signs would be a policy decision of the City and/or the school district. It would be my recommendation that you change the signs as they are required to be changed. When the school does come up with a new plan around Pearson Elementary School,the signing can be reevaluated to accommodate any pedestrian changes. Section V- Downtown Parking Signage Study 1. The downtown parking study currently in the signing plan is the most current downtown signing study. Section VI - Miscellaneous Signing Study 1. The Bluestem at Whitney Avenue recommendation has been revised to include intersection head signs and 20 mph warning speed limit signs for all approaches. The revised page 2 is attached. General Comments The school speed zoning issue was addressed in the school speed zoning section. However, information directing the City to a publication from the Minnesota Department of Transportation entitled "A Guide to Establish Speed Limits in School Zones" has been referenced on page 2 of Section IV. The revised page 2 and a copy is attached for your information. This guide should be used when establishing any speed zone within a school area. I will be available for the City Council Meeting on March 2"d to discuss these changes or any other signing issues. If you have any questions or need any additional information,please give me a call at 541-4800. Sincerely, WSB &Associates,Inc. Charles T. Rickart, P.E. Project Manager nm/cp F:\W P W IN\1014.26\sign-stdy\022499-bI.wpd conducted to determine if a two-way or four-way stop sign controlled intersection should be installed. The procedures are as follows: Two-Way Stop Sign Controlled Intersections: 1. If the major street traffic volume is more than 1000 vehicles per day and the minor street traffic volume is less than 50%of the major street traffic volume. 2. There has been more than two reported accidents, per year in the previous two years or, three reported accidents in the previous year of a type correctable with stop sign installation. 3. The pedestrian volumes across the minor approach(that which would be stopping) is more than 15 pedestrians per hour during the A.M. and P.M. peak traffic hours. 4. If the safe stopping sight distance of the minor approach is restricted by less than 300 feet by horizontal and/or vertical roadway alignment or by other permanent obstructions. If two of the four conditions are met, this intersection would be a candidate for two- way stop sign control. All-Way Stop Sign Control: 1. If the major street traffic volume is more than 1500 vehicles per day and the minor street traffic volume is greater than 750 vehicles per day. 2. There has been more than two reported accidents, per year in the previous two years or, three reported accidents in the previous year of a type correctable with stop sign installation. 3. If the pedestrian volumes crossing any approach is more than 15 pedestrians per hour during the A.M. and P.M.peak traffic hours. 4. Ifthe safe stopping sight distance on the uncontrolled approach is restricted by less than 300 feet by horizontal and/or vertical roadway alignment or other permanent obstructions. 5. If the 85th percentile speed in the intersection is greater than 35mph and the highest reported speed with two or more observations is greater than 45mph. If three of the five conditions outlined above apply,this intersection is a candidate for all-way stop sign control. Shakopee Signing WSB Project No.1014.26 Section II Page 7 peak hour volume of a combined 200 vehicles per hour on the crosswalk approaches exist and, b. Crossing Volume: A crossing volume of more than 30 pedestrians per day or 10 pedestrians per peak hour or, c. An 85th percentile speed on the roadway of more than 35mph and a peak speed of two observations with more than 45mph or, d. The safe stopping sight distance on the approach to the obstruction is less than 300 feet. 2. Geometric Warnings (curves, intersections) Geometric warning signs should be placed based on engineering studies and as outlined in the MnMUTCD and Mn/DOT Traffic Engineering Manuals. If the requested location does not meet the requirements for installation a letter to the resident requesting the information,outlining the findings will be sent by the Public Works Director. This letter will include the City's policy for appeal of the engineers decision. Shakopee Signing WSB Project No.1014.26 Section II Page 10 • Vehicles traveling westbound on 3rd Avenue have a sight distance problem at Lewis Street. Stop signs are installed at these locations;however,vehicles are forced to creep out into the intersection due to the grade and the parked cars. The following intersections need further analysis to determine the warrants the stop signs were installed under: • The four-way stop at the intersection of Spencer Street and 6th Avenue should be studied to justify the possible removal of the stop signs facing north and south. Spencer Street is classified as a collector street and traffic movement on this street should not be stopped unless accidents and/or traffic volumes warrant the four-way stop. Based on traffic volumes found in the City's Transportation Plan, this intersection would not meet the all-way stop warrant. However, accidents and actual traffic volumes should be evaluated. • At the intersection of Sommerville Street and 3rd Avenue, stop signs are inplace stopping Sommerville Street. Sommerville Street is classified as a collector street and 3`d Avenue is a local street;therefore,analysis of accident and traffic data should be made to possibly move the two-way stop from Sommerville Street to 3rd Avenue. Figure 3-3 This area is in the remote southeastern area of the City of Shakopee. CSAH 16 at Tuckaway: There is a handmade painted Dead End sign facing north on Tuckaway at CSAH 16. Recommendations to the County should be made to remove this homemade sign and consider replacing with correct sign(W14-1), and installing a R1-1 (stop sign). Figure 3-4 This area is in the north central part of the City of Shakopee. There are sight distance problems at the following areas: • Northbound vehicles on Gorman Street, turning westbound cannot see vehicles traveling eastbound on 4`h Avenue. This is due to the trees located in the southwest quadrant of the intersection. The trees should be removed to improve sight distance. • Southbound vehicles on Naumkeag Street, turning eastbound onto 4th Avenue cannot see vehicles traveling eastbound on 4th Avenue. Again, this is due to the trees located in the southwest quadrant of the intersection. The trees should be removed to improve sight distance. Shakopee Signing WSB Project No.1014.26 Section III Page 2 Figure 3-5 The stop signs facing east and west at Merrifield Street and 11th Avenue should be removed. Figure 3-6 This area is located in the central portion of the City of Shakopee. Due to the classification of Fuller Street as a"B"minor arterial,the following yield signs should be removed and stop signs installed: • R1-2 facing east on Fuller Street at 8th Avenue -Replace with R1-1 on 8t'Avenue • R1-2 facing west on Fuller Street at 8th Avenue -Replace with R1-1 on 8t"Avenue • R1-2 facing east on 7t'Avenue at Fuller Street-Replace with R1-1 on 7th Avenue • R1-2 facing west on 7th Avenue at Fuller Street -Replace with R1-1 on 7th Avenue Miscellaneous Locations Other locations that stop signs were not installed for a variety of reasons, but should have been, include: • French Trace Avenue at Sarazin Street. R1-1 should be installed on French Trace Avenue. Shakopee Signing P g g WSB Project No.1014.26 Section III Page 3 W W g 0 ill 0 PL4 P4 p4 0 .4 2 I ia 0 w - - a IIH w I J i `4 z // / I K Q CU zaO I W .y / o z l''`/ i \ t 1-- v n �� /i o (r) CI- �-- // o / / c„) -c, / CL. —_1 -- a� - --- • o -1c . cdO1SI �_----- �_ - a U , - - � � . _ j' ; - STOP STOP - a j� L- -..a-Al _-- > .1 _z_. ) \,---7 i o .-- Qr." 0 fr---\' 1 I-- \ 00 -1 -1 I I 1 — I Cr)I c:._ r` f '- .- - School Speed Zones School speed zones can be set by the local road authority(City of Shakopee)on any street controlled by the authority. The speed limit can be lowered a maximum of 20 mph(i.e. 50 mph to 30 mph)to a minimum speed limit of 15 mph. The purpose of a school speed zone is to create the safest environment for the student and driver. It is recommended that other measures (i.e. crosswalks, fencing,etc.)be investigated first prior to establishing a school speed zone. These measures are also known to increase safety. The school speed zone should be the last option investigated. The publication from the Minnesota Department of Transportation(Mn/DOT)"A Guide to Establishing Speed Limits in School Zones"should be used in determining speed limits on all streets adjacent to schools. RECOMMENDED IMPROVEMENTS Figure 4-2 - St. Mark's Church and School: The pedestrian crossing markings and pedestrian crossing signs by the former St. Frances Hospital, now the new Justice Center Parking Lot should be analyzed following the opening of the Justice Center,to determine what signs and/or markings should be used. The following signs should be removed and replaced: • W11-2A facing west on 5t"Avenue, west of Atwood Street should be replaced with a S2-1 and S2-P2 • W11-2A facing east on 5t"Avenue, west of Atwood Street should be replaced with a S2-1 and S2-P2 The following signs should be moved: • S2-1 w/S4-3 facing north on Holmes Street,south of 3rd Avenue should be moved to Holmes Street facing north, south of 4th Avenue; the sign panel should also be modified to a S1-1 when replaced • S1-1 facing east on 4t"Avenue, east of Scott Street should be moved to: 4th Avenue facing west, east of Apgar Street • S1-1 w/ S4-3 facing south on Apgar Street, south of 3`d Avenue should be moved to: 3' Avenue east of Apgar Street, facing west The following signs should be modified: • S1-1 w/S2-P2 facing south on Atwood Street, south of 4th Avenue should be modified to a S2-1 when replaced • S1-1 w/ S2-P2 facing north on Atwood Street, south of 5th Avenue should be modified to a S1-1 when replaced • S2-1 facing north on Scott Street, south of 5th Avenue should be modified to a S1-1 when replaced Shakopee Signing WSB Project No.1014.26 Section IV Page 2 The following signs should be added: • S1-1W1 54-3 facing south on Holmes Street, south of 5th Avenue • S1-1 W1 54-3 facing south on Scott Street, south of 3rd Avenue Scott County Employee Association has requested that a mid-block crossing be installed on Atwood Street between 4th Avenue and 5th Avenue. This should be studied,to include determining pedestrian and vehicle counts in the area. Figure 4-3 - Central School/St. Mary's Church and School: The following signs should be removed: • S2-1 w/ S2-P2 facing east on 4th Avenue, east of Lewis Street should be removed The following signs should be moved: • S2-1 w/ S4-3 facing north on Holmes Street, south of 3rd Avenue should be moved to: Holmes street facing north, south of 4th Avenue;the sign panel, S2-1 should be modified to a S1-1 when replaced The following signs should be modified: • S2-1 w/S4-3 facing south on Lewis Street,north of 7th Avenue should be modified to a S1-1 when replaced The following signs should be added: • S1-1 w/ S4-3 facing west on 6th Avenue, east of Lewis Street Figure 4-4 - B.F. Pearson Elementary School: The painted crosswalk at the intersection of County State Aid Highway(CSAH) 17 and Shakopee Avenue is not signed. If this crosswalk is designated in the school pedestrian route system,advance S1-1 signs should be installed facing north and south on CSAH 17. The following signs should be moved: • S1-1 w/ S2-P2 facing east at the intersection of 10th Avenue and Dakota Street should be moved to l Oth Avenue facing east, east of Dakota Street. The sign should also be modified to a S2-1 The following signs should be modified: • S1-1 facing west on Shakopee Avenue, west of CSAH 17 should be modified to a S2-1 w/ S2-P2 and remove S4-3 • S1-1 w/S2-P2 facing east on Shakopee Avenue,east of Prairie Street should be modified to a S2-1 Shakopee Signing WSB Project No.1014.26 Section IV Page 3 • S1-1 w/ S2-P2 facing west on Shakopee Avenue, east of Prairie Street should be modified to a S2-1 The following signs should be added: • S2-1 w/ S2-P2 facing west at the intersection of Shakopee Avenue and Dakota Street Figure 4-5 - Edward & Grace Sweeney Elementary School: The following signs should be moved: • S1-1 w/S4-3 facing east on 10th Avenue,east of CSAH 15 should be moved to: 1 Oth Avenue facing east, east of Clay Street The following signs should be modified: • There is no painted crosswalk inplace on 10th Avenue west of Quincy Street: If this is a crosswalk on the designated school pedestrian route,paint and move S1-1 w/ S4-3 further west and install S2-1 w.S2-P2 at crosswalk;if this is not a crosswalk,eliminate S2-P2 facing east on 10th Avenue,west of Quincy Street The following signs should be added: • S1-1 W1 54-3 facing east on 6th Avenue, west of Shumway Street • S1-1 WI 54-3 facing west on 6th Avenue, west of Pierce Street • S1-1 W1 54-3 facing west on 10th Avenue east of County State Aid Highway 15 Figure 4-6 - Shakopee Junior High School: The following signs should be modified: • S1-1 w/ S4-3 facing east on 11th Avenue, east of Swift Street is blocked by tree branches, trim back tree annually • Speed limit sign facing west on 11th Avenue, east of CSAH 17 has a bent post;replace post • S1-1 w/ S2-P2 facing west on 11th Avenue, east of CSAH 17 should be modified to a S2-1 Figure 4-7- Shakopee Senior High School The following signs should be moved: • SI-1 w/S4-3 facing east on 10th Avenue,east of CSAH 79 should be moved to 10th Avenue, facing east west of Main Street • S1-1 w/ school xing panel facing east on 10`h Avenue, west of CSAH 79 should be moved to the east side of the intersection and modified to a S2-1 w/ S2-P2 The following signs should be modified: • S1-1 w/ S2-P2 facing west on 10th Avenue at Sommer Street should be modified to a S2-1 Shakopee Signing WSB Project No.1014.26 Section IV Page 4 Analysis: Based on the stop sign installation policies outlined in Section II,the following conclusions can be made: 1. The intersection meets the requirements for the initial study of the intersection. Therefore, a detailed intersection evaluation was conducted. 2. The intersection does not meet the requirements for a four-way stop sign controlled intersection. 3. The intersection does not meet the requirements for a two-way stop sign controlled intersection. Recommendation: Based on the conclusions stated above and the site visit, it is recommended that an intersection crossing ahead sign and a 20mph warning sign be installed for all approaches to the intersection to help warn vehicles of the upcoming intersection. Shakopee Signing WSB Project No.1014.26 Section VI Page 2 1 CITY OF SHAKOPEE POLICE DEPARTMENT Memorandum TO: Mark McNeill, City Administrator — FROM: Dan Hughes, Chief of Police SUBJECT: Officer Of The Year DATE: February 2, 1999 Beginning this year we initiated a recognition program for"Officer Of The Year." This program is based upon nominations from department members for this award. A committee made up of the deputy chief, a sergeant, a officer and a support staff member, reviewed the nomination that was received and selected Sergeant John Flynn as the Shakopee Police Officer Of The Year for 1998. Sergeant Flynn was nominated for his leadership that was displayed during 1998, during the transition of our police agency from a veteran membered organization to one that had newly hired, less experienced police officers. In fact, over 27%of our sworn staff retired within eight months! Sergeant Flynn's leadership throughout this period provided the necessary assistance and service to our community. I have taken the liberty to nominate Sergeant John Flynn to the Minnesota Chiefs of Police Association's Police Officer Of The Year program and the Minnesota Police and Peace Officer Association Officer of the Year program. In addition, I will nominate Sergeant through a award process in the American Legion. I am both pleased and honored to recognize Sergeant John Flynn for his accomplishments during 1998. If you concur, I would like to present this award at an upcoming Council meeting. As alwa, p ease feel free to contact me if you have any questions. ughes, Chief of Police DH:pm [offyr-mc] 1 CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police SUBJECT: Surplus Property DATE: February 23, 1999 INTRODUCTION: Unclaimed property including recovered bicycles and property which has no value to the City has accumulated at the police department and should be sold. BACKGROUND: Throughout the year,items whose owner is not known come into the possession of the police department. Although every effort is made to locate the owners of this property, much of it remains in our possession. From time to time,this property must be disposed of because of the room it takes up. Auctions and similar sales present a good opportunity to dispose of these items. Before this property can be disposed of, it must be declared surplus by action of the City Council. ACTION REQUESTED: Move to declare approximately 80 bicycles and other unclaimed items as surplus property and authorize the City Administrator to sell or otherwise dispose of these items. 1 Dan Hughes Police Chief Js . D3 CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Department Hire DATE: February 26, 1999 INTRODUCTION: The Council is asked to authorize the hiring to fill three existing and anticipated vacancies for firefighters. BACKGROUND: Fire Chief Mary Athmann advises that there have been two recent retirements, and he anticipates one additional retirement within the next few months. In order to minimize the amount of time that the department is understaffed,he asks that Council authorize the hiring process to begin. Recent hirings have gone through the Scott County Personnel Department. We recommend that happen again. RECOMMENDATION: We recommend that City Council authorize the Scott County Personnel Office to begin the process to fill three firefighter vacancies. ACTION REQUIRED: If Council concurs, it should, by motion, direct that staff contact Scott County Personnel, and begin the process for hiring three firefighters to fill vacancies that have been, or so will be created by retirement. /4/4. 4)4 Mark McNeill, City Administrator cc: Maw Athmann, Fire Chief MM/tly � s. , CITY OF SHAKOPEE �y Memorandum CCA LI VT TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Resolution No. 5073 Amending the 1999 Fee Schedule DATE: February 23 , 1999 Introduction & Background Pursuant to previous council action, the above resolution is brought to council to adopt changes in the 1999 Fee Schedule. This sets a fee for replacement payroll checks and for charging interest on past due invoices. Action Offer Resolution No. 5073, A Resolution Amending The 1999 Fee Schedule, and move its adoption. Gregg Voxland Finance Director C:\gregg\memo\fees99 RESOLUTION NO. 5073 A RESOLUTION AMENDING THE 1999 FEE SCHEDULE WHEREAS, the Shakopee City Council desires to implement a fee for processing replacement payroll checks and for interest on past due invoices, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the 1999 Fee Schedule is amended to include; Fee for process a replacement payroll check . . . $20 . 00 To be waived if employee immediately signs up for direct deposit . Interest on past due invoices . . . . 1 . 5% per month. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of March, 1999 . Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Greg Sticha, Accountant SUBJ: Use of a Cash Manager DATE: February 11, 1999 Introduction The Finance Department is looking for direction as to whether or not it would be of value to use a cash manager. Background Currently the Finance Department handles the management of all the City and SPUC's cash and investments. There are other municipalities that do use a cash manager. Based on our research some of those include most counties (including Scott County) , the cities of Maple Grove, Edina, Maplewood, and Coon Rapids. The Finance Department spends on average about 16-20 hours per month handling the management of the investments. There would be fees involved with the use of a cash manager. However, the two firms we have verbally talked to at this point both indicated that due to their expertise with managing these investments they would create additional revenue from additional basis points earned with each investment. One firm estimated that the fees on an annual basis would be about $27,000, and additional interest earned would be around $37,000, leaving a $10,000 net gain. These estimates were based on the firm managing $20 million of the city's portfolio, which is currently $30 million. Council last addressed this issue about 10 years ago and decided not to pursue it. The securities would still stay in the City's corporate custody account at Norwest, so there would be no increased risk of lost of the security. Alternatives 1. ) Do not look into the use of a cash manager. 2. ) Look into the use of a cash manager, schedule some additional interviews with other cash managing firms. Recommendation The Finance Department does see some advantages to using a cash manager. It would reduce the amount of time staff would have to deal with trades and investments by more than half. There also would be additional interest gained based on the estimates we have received so far. Therefore, it would be our recommendation to conduct some additional interviews to look into the use of a cash manager. Action If council agrees, the action would be: Move to direct staff to further investigate outside cash management and bring a specific proposal back to council. Greg Sticha Accountant CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Dan Hughes Probationary End DATE: February 24, 1999 INTRODUCTION: The Council is asked to approve the end of the probationary initial hire of Police Chief Dan Hughes, and afford him full time regular status. BACKGROUND: Dan Hughes was hired as Police Chief for the City of Shakopee effective March 2, 1998. As this is a police position,he had a one year initial period of probation. As of this writing,the Chief and I have scheduled a performance evaluation,which will be completed by the Council meeting March 2nd. Chief Hughes wanted an opportunity for his supervisory personnel to provide input on this. RECOMMENDATION: I've been very pleased with Chief Hughes' performance. I recommend that he be taken off probationary status,and be afforded full time regular status. ACTION REQUIRED: If the Council concurs, it should,by motion,end the probationary status of Dan Hughes, and grant him full time regular status as a City of Shakopee employee, effective March 2, 1999. tia t1u Mark McNeill City Administrator MM:tw )51.: E. . CITY OF SHAKOPEE Memorandum CO: +Jr TO: Mayor and City Council -� FROM: Mark McNeill, City Administrator SUBJECT: Voice Mail System DATE: February 25, 1999 INTRODUCTION: The Council is asked to accept a proposal by McLeod USA\ESI Communications for a replacement voice mail system for City Hall. BACKGROUND: For the past several months,the voice mail system at City Hall has shown that it is too small, and outmoded for today's usage. It has a limited amount of memory,which bogs the system down, causing it to run slowly when retrieving messages by the user, and causing callers to be unable to get through to their intended mail box when calling from outside of City Hall. There are features which can't be offered, such as allowing outside callers to automatically roll over to a recorded greeting if the live attendant is otherwise on the phone. This causes a perception of the main telephone line being unattended, as the caller will hear nothing but ringing,until the live attendant is able to make a break from the other call. There is also one inability to place the caller on hold with a recorded message, or music,to verify that they are continuing to be on hold. Finally, according to the vendor,the existing system is not Year 2000 compliant. The existing system was sold to the City by McLeod USA,then known as ESI Communications. The salesperson has purposed a new system,which would cost$8,858. This includes a 12 month part and service warranty. RECOMMENDATION: We recommend accepting the McLeod USA proposal. Note that we have not sought quotes from other companies,there is a concern about getting a system which will not be compatible with the existing phone system-because we would buy this from the same supplier as the existing phone system, any problems would be theirs to fix. Mixing different componentry would create problems, according to the supplier. For that000 reasonwould ,theneed Citybe's policy dof seeking competitive quotes for purchases of over , to . BUDGET IMPACT: Funds for this acquisition are provided in the 1999 Budget. RECOMMENDATION: We recommend that the proposal of McLeod USA\ESI Communications be accepted. ACTION REQUIRED: If the Council concurs, it should,by motion,waive the requirement for competitive quotes,and authorize the purchase of a 8 port PanaVoice voice mail system, including labor,installation,programming and training,for$8,858 plus applicable tax. Mark McNeill City Administrator MM:tw 42/25/99 THU 11:49 FAX 6129304455 ESI/MCLEOD USA Z002 AGREEMENT Page 1 02/25/99 lirMCIROCI �r"'-'� : S91es Person: Abol Larsen ESI Communications 5959 Baker Road.Suite 390 Shakopee, City Of ltuwmer mane(nereamn rererren en as Laminar) Minnetonka,MN 55345 129 Holmes Street South Street Addteas Phone: 612-930-4400 Shakopee MN 55379 Fax: 612-930-4455 Cny state Zip Code (612)445-3650 Mark McNeil Telephone Number Cdetotncr Contra ESI/McLcodUSA,hereinafter referred to ac ESI,agrees to sell and Customer agrees to purchase from ESI thc equipment listed below,in accordance with thc following conditions: Scope of Project, UPGRADE VOICE MAIL SYSTEM TO PANASONIC 8 PORT PANAVOICE SYSTEM. --- Qty, Item Description I VB44978A Voice Mail,PanaVOICE 6 Port, 147 hour $6,495.00 $6,495.00 1 VB449701P OAI Integration Unit $1,095.00 $1,095.00 1 10H3004 Information on Hold $500.00 $500.00 3 LABOR Labor,Installation,lIn Investment(Excluding Tax):ning $96.00 $8,868.00 58.00 PURCHASE ORDER# MN 55379 129 Holmes Street South Shakopee ,tat, Iry 44.,..h,Lnr inabdlatiun Addruu 12 months parts and 12 months ISI service warranty included. Shakopee,Cit'Y or IsSI/MeLeodUSA By: S,gnature Slgnnnlre Mark McNeil AbelLarsen Name and Tide and'fuk February 25, 1999 one L D2/25/99 THU 11:49 FAX 6129304455 ESI/MCLEOD USA Qnool FAX COVER SHEET crydUSA rtC'r% `� = ESI Communications 5959 BAKER ROAD, SUITE 390 MINNETONKA, MN 55345 Office Number (612) 930-4400 Fax Number (612) 930-4455 Date: Please deliver this and the following c4gThage(s) to: Company Name: Attention: 1 / a From: t� Fax Number Sending To: 4/ 9-5"- 1 Message: lar 81 t CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Temporary Liquor Licenses- Church of St. Mary DATE: February 22, 1999 INTRODUCTION AND BACKGROUND: The Church of St. Mary has made applications for temporary on-sale intoxicating liquor licenses for their Irish Dinner on March 14, 1999 and for their Feast and Fun Festival on June 27, 1999. I have been in contact with the Chief of Police regarding these applications. These events are something that have been going on for a number of years. There is no problem with these activities. Their applications and insurance certificates are in order. RECOMMENDED ACTION: Move to approve the applications and grant temporary on-sale liquor licenses to the Church of St. Mary, 535 South Lewis Street, for March 14, 1999 and June 27, 1999. 0). &/) i\Jeanette\liquor\stmary CITY OF SHAKOPEE ` Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: City Code Amendment for Massage Licensing DATE: February 24, 1999 INTRODUCTION: City Council is asked to consider the attached ordinance amending the educational requirements for masseuse and masseur licensing. BACKGROUND: At their regular meeting on February 16, 1999, City Council directed staff to prepare an amendment to the City Code addressing the educational requirements for masseuse and masseur licensing. This was in response to a recommendation by staff. It had come to staff's attention that the number of hours required for receiving a diploma or certificate of graduation varies from school to school. It seems reasonable not to penalize an applicant by denying them a license because they have not obtained their diploma or certificate of graduation when they have selected a school that has a more extensive program than another. The proposed ordinance will permit the issuance of a license to an individual who has completed at least 160 hours of their program and who continues to be enrolled in their program and obtains their diploma or certificate of graduation within one year. In addition, this 160 hours must include the 100 hours of course work in the areas identified in the City Code for a license. The City has already issued licenses to two individuals (who have a CUP for a home occupation) who have certificates of completion for 160 hours of work. Requiring a minimum of 160 hours, therefore, seems like a reasonable minimum number to require while one is still working toward a diploma or certificate. I have also been advised by a student that completion within one year is a reasonable amount of time. City Code Amendment for Massage Licensing February 25, 1999 Page -2- There seems to be a multitude of various regulations adopted by different municipalities, including "no licensing" . The therapeutic massage industry continues to evolve over the years. Consistent with this evolution, City Council has made amendments and probably will continue to do so during coming years. ALTERNATIVES: 1. Adopt ordinance as drafted 2. Amend ordinance as drafted 3. Table ordinance for additional information 4. Do not adopt ordinance RECOMMENDATION: Staff recommends alternative 1, adoption of the ordinance as drafted. City Council may remember that a temporary license was recently issued to an individual in contemplation of this updating of the City Code. Should the ordinance not be adopted, that individual's license will expire 30 days from issuance and she will then need to complete her 650 hour program and obtain her diploma or certificate of graduation prior to obtaining a permanent license. She has advised me that she will complete her program in November, 1999. RECOMMENDED ACTION: Offer Ordinance No. 541, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 6, Other Business Regulation and Licensing, Sec. 6.41, Masseur and Masseuse License, Subd. 3. Licensing Requirements, D. Educational Requirements, and move its adoption. ). a7( i:\clerk\judy\cc-memos\march-99\massage Feb-25-99 04:02pm From-KENNEDY & GRAVEN +6123379310 T-879 P.02/02 F-638 r • ORDINANCE NO. £1L,FOURTH SERIES AN OFLAINANCFsTING 6.40MASSEUSE 1 SUBDIVISION 3ENSES AND AMENDING SECTION PAR.AGRAFII D.1 OF THE CITY CODE THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,ORDAINS: Section 1 - Section u.41, Subd. 3 Paragraph D.1 of the City Code of Shakopee is amended to read: D. Educational Requirements. 1. Each applicant for a massage license shall furnish with the application proof of th,: following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association;or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school:or c. Current enro ment in such an a roveaccre•' °d or licensed schoo and successful com etion of at least 36() hours of course work that will lead to a degree within one Year. Fallure to obtain a de: ee wit in one ear wi result in revocation of the license. Section 2 -Effecti'e Date. This ordinance becomes effective from and after its passage and publication. Adopted in ,__ session of the City Council of the City of Shakopee, Minnesota,held the __day of — —' 1999. Mayor of the City of Shakopee ATTEST: City Clerk ln-118768 SH155.23 16 E 7 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Item 15.E.7. Cleaning Contract Renewal Revisions DATE: March 1, 1999 I was advised on Monday by the owner of Masterpiece Commercial Cleaning that there were a couple of inaccuracies in the memo on this subject which was included in your packet. ADD: New Fire Station $125/month Old Fire Station $ 85/month Police $619/month The memo dated February 24th included both Public Works and Police for$300 per month. Public Works is $300 per month; I omitted the Police fees. As a result, item 6 of the contract(page 2) should be revised to read that".... in no event will the total compensation and reimbursement to be paid to the Consultant under the terms of this contract exceed the sum of$2600$3429 per month...." Also please note under the"General Description"section,that City Hall is serviced five days per week for some items,and the two days specified in the contract. For your information. )1‘.0_ ikatill Mark McNeill City Administrator MM:tw /5:E. '7, CITY OF SHAKOPEE ®� Memorandum CONSENT TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Cleaning Contract Renewal DATE: February 24, 1999 INTRODUCTION: The Council is asked to approve a contract renewal with Masterpiece Cleaning Services, for City buildings. BACKGROUND: In 1997,the City entered into a contract with George Ficzeri of Masterpiece Commercial Cleaning, for custodial services at City-owned buildings. The initial contract was for one year; in 1998,by mutual agreement, it was extended for an additional year. Mr. Ficzeri has proposed to renew the contract with no change in his rates. There will be some minor changes in the cost of cleaning supplies,based upon his wholesale cost changes. The details as far as the work to be done is shown in attachment A. His rates proposed for 1999 are as follows: City Hall $500/month Library $400/month Public Works Building (including Police) $300/month Community Youth Building $200/month Community Recreation Center $1200/month At this time,the City is in the process of hiring the Assistant Facility Manager for the Community Center. Among other duties,that position will be responsible for general cleaning and maintenance that would occur during the day. However,the overall scope of responsibility for Masterpiece's contract would not change. The intent is that users would see a cleaner facility all day. RECOMMENDATION: We have been satisfied with the level of service that Masterpiece has been providing. Also based on the fact that there is no increase in fees,we recommend a renewal of his contract for one year,with an optional one year renewal after that if mutually agreeable. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize the appropriate City officials to enter into a contract with Masterpiece Cleaners, for a one year period, for the City buildings described above, effective April 1, 1999. 11kA „ zr Mark McNeill City Administrator MM:tw CLEANING CONTRACT THIS CONTRACT, made and entered into this day of , 1999, by and between the City of Shakopee, a municipal corporation of the State of Minnesota, hereinafter referred to as the "City" with offices at 129 S. Holmes Street, Shakopee, Minnesota 55379, and Masterpiece Commercial Cleaning, hereinafter referred to as the "Consultant" with offices at 14327 Valley View Road, #B, Eden Prairie, MN 55344. WITNESSETH: THAT, WHEREAS, the City of Shakopee desires to engage the Consultant to render certain cleaning services more particularly described in Exhibit A; and WHEREAS, the Consultant made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal. NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Consultant as follows: 1. Services. The City agrees to engage the services of the Consultant and the Consultant agrees to perform the services hereinafter set forth in connection with projects described in Exhibit A. 2. Addition to Services. The City may add to the Consultant services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 6 hereof. The Consultant shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and prepared and approved by the office of the City Administrator and shall be accepted and countersigned by the Consultant. 3 . Exchange of Data. All information, data, and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Consultant without charge, and the parties shall cooperate with each other in every way possible in carrying out the scope of services. 4. Personnel. The Consultant represents that the Consultant will secure at the Consultant's own expense, all personnel required to perform the services called for under this contract by the Consultant. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Consultant. All of the services required hereunder will be performed by the Consultant or under the Consultant's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted without the written approval of the City. 5. Term. The services of the Consultant shall be provided for one year. If neither party terminates this contract as provided below, this contract will automatically renew for one additional one-year term. 6. Pay. The City agrees to pay the Consultant in accordance with the terms set forth in Exhibit A, which shall constitute complete compensation for all services to be rendered under this contract. It is expressly understood that in no event will the total compensation and reimbursement to be paid to the Consultant under the terms of this contract exceed the sum of $2,600.00 per month for all services required unless specifically and mutually agreed to in writing by both the City and the Consultant. No change shall be made unless there is a substantial and significant difference between the work originally contemplated by this contract and the work actually required. 7. Termination. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner the Consultant's obligations under this contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Consultant of such termination and specifying the ef- fective date thereof, at least five (5) days before the effective day of such termination. Cicy may without cause terminate this contract upon thirty (30) days prior written notice. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of the contract by the Consultant. 8. Conflicts. No salaried officer or employee of the City, and no member of the City Council shall have a financial interest, direct or indirect, in this contract. A violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. 9. Assignment. The Consultant shall not assign or transfer any interest in this contract, without prior written consent of the City thereto. 10. Confidentiality. Any reports, data, or similar information given to or prepared or assembled by the Consultant under this contract 2 which the City requests to be kept as confidential, or which is protected under Minn. Stat. Chapter 13, shall not be made available to any individual or organization by the Consultant without prior written approval of the City. 11. Interest. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this contract. The Consultant further covenants that in the performance of this contract no person having such interest shall be employed. 12. Discrimination. The Consultant agrees in the performance of this contract not to discriminate on the ground or because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age, against any employee of the Consultant or applicant for employment, and shall include a similar provision in all subcontracts let or awarded hereunder. The Contractor shall be bound by and comply with the provisions of Minn. Stat. Sec. 181.59 as fully as if it were set forth verbatim herein. 13 . Independent Contractor. The Consultant is an independent contractor and nothing contained herein shall constitute or designate the Consultant or any of the Consultant's agents or employees as agents or employees of the City of Shakopee, Minnesota. 14. City Benefits. The Consultant shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Worker's Compensation Program of the City. 15. Liability and Indemnity. The parties mutually agree to the following: a. The Consultant shall hold the City harmless and agrees to defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses related to its work under this contract, or arising out of the award of this contract to Consultant. b. The Consultant assumes full responsibility for relations with subcontractors, and shall hold the City harmless and shall defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses in any manner caused by such subcontractors, arising out of or connected with this contract. 3 16. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to the City and the Consultant at the address shown above. The date of delivery of any notice shall be the date falling on the second full day after the day of its mailing. 17. Jurisdiction. This contract and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. Executed the day and year first above written. MASTERPIECE COMMERCIAL CLEANING CITY OF SHAKOPEE, MINNESOTA SERVICE By By Mayor By City Administrator By City Clerk Prepared By: The City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 is\clerk\jeanette\cleaning.con 4 EXHIBIT "A" GENERAL DESCRIPTION Service will be provided seven(7)days per week at; SHAKOPEE COMMUNITY CENTER 1225 Fuller Street Shakopee.MN. 55379 • Vacuum all areas wall to wall • Dust mop all hard floor surfaces • Remove all trash to proper areas • Mop all hard floor surfaces • Vacuum all carpeted runners • Vacuum all carpeted stairs and stairwells • Dust all stair rails • Refill towel,tissue and soap dispensers • Empty waste containers • Sweep floors • Clean mirrors • Clean&disinfect all fixtures.drinking fountains.etc. • Spot clean walls and partitions • Wet mop floor with disinfectant • • Empty all waste receptacles and remove to proper area • Dust all furniture.equipment and accessories • Vacuum all carpeted areas wall to wall • Arrange all office furniture back in it's proper area • Detail threshold entry plates. removing all visible soil • Spot clean all walls. light switches and doors • Scrub all restroom walls and floors using a lime removing product and use a germicidal detergent GENERAL DESCRIPTION Service will be provided two(2)days per week(T&F) SHAKOPEE CITY HALL 129 HOLMES ST. Shakopee,MN. 55379 • Dust mop all hard floor surfaces • • Mop all hard floor surfaces • Vacuum all carpet. • Shampooing shall be:u 10 cents Sq.Ft. as needed • GENERAL DESCRIPTION Service will be provided two(2)days per week(T&F) SHAKOPEE COMMUNITY YOUTH BUILDING Shakopee. MN. 55379 • Dust mop all hard floor surfaces • Remove all trash to proper areas • Mop all hard floor surfaces • Vacuum all carpeted runners • • • Refill towel, tissue and soap dispensers • Empty waste containers • Sweep floors • Clean mirrors • Clean&disinfect all fixtures,drinking fountains.etc. • Spot clean walls and partitions • Wet mop floor with disinfectant • Clean all tables • Sweep and mop hard surface floors including long hall • Required waxing/stripping shall be at 15 cents Sq.Ft. GENERAL DESCRIPTION Service will be provided two(2)days per week(T&F) SHAKOPEE PUBLIC WORKS BUILDING 500 Gorman Street Shakopee.MN. 55379 • Vacuum all carpeted areas,wall to wall • Dust mop all hard floor surfaces • Remove all trash to proper areas • Mop all hard floor surfaces • Vacuum all carpeted runners • Refill towel.tissue and soap dispensers • Empty waste containers • Sweep floors • Clean mirrors • Clean&disinfect all fixtures.drinking fountains.etc. • Spot clean walls and partitions • Wet mop floor with disinfectant • Empty all waste receptacles and remove to proper area • Dust all furniture.equipment and accessories • Vacuum all carpeted areas wall to wall • Arrange all office furniture back in it's proper area • Clean all tables • Sweep and mop hard surface floors including long hall • Required waxing/stripping shall be at 15 cents Sq. Ft. • Required shampooing shall be at 10 cents Sq. Ft. • GENERAL DESCRIPTION Service will be provided two(3)days per week(M-W-F) SHAKOPEE LIBRARY 235 So.LEWIS ST. Shakopee,MN. 55379 • Dust mop all hard floor surfaces • Remove all trash to proper areas • Mop all hard floor surfaces • Vacuum all carpeted runners 4-1 • Refill towel, tissue and soap dispensers • Empty waste containers • Sweep floors • Clean mirrors I- 4 • Clean&disinfect all fixtures,drinking fountains.etc. • Spot clean walls and partitions Zk • Wet mop floor with disinfectant r`` ' • I • • Vacuum all carpeted areas • Arrange all furniture in proper areas • • Empty all trash receptacles • Spot dust all office desks.equipment.etc. • Shampooing shall be:%,n 10 cents Sq. Ft. as needed e. ', CITY OF SHAKOPEE CON , r Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Shakopee Cable Access Corporation Appointment DATE: February 25, 1999 INTRODUCTION: The Council is asked to reappoint Bob Sweeney to a one year term on the Shakopee Cable Access Corporation(SCAC). BACKGROUND: Mr. Sweeney has served on the SCAC since 1996. His most recent appointment expired at the end of February. h;has indicated a willingness to be reappointed. It should be noted that there are still vacancies that exist on the SCAC, so he would not be displacing other interested parties. In order to be reappointed,the attached resolution should be approved. RECOMMENDATION: We recommend that Bob Sweeney be reappointed to the Shakopee Cable Access Corporation for a one year period,to expire February 28, 2000. ACTION REQUIRED: If the Council concurs, it should,by motion, adopt the following resolution: RESOLUTION NO. 5076 RESOLUTION APPOINTING ROBERT O. SWEENEY TO MEMBERSHIP ON THE SHAKOPEE CABLE ACCESS CORPORATION BOARD OF DIRECTORS tta V Mark McNeill City Administrator RESOLUTION NO. 5076 A RESOLUTION APPOINTING ROBERT O. SWEENEY TO MEMBERSHIP ON THE SHAKOPEE CABLE ACCESS CORPORATION BOARD OF DIRECTORS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, THAT THE FOLLOWING APPOINTMENT IS HEREBY MADE: 1. Bob Sweeney is appointed to the Community Access Corporation Board of Directors for a one year term expiring February 28, 2000. Adopted in Regular Session of the City'Council of the City of Shakopee, Minnesota,held this 2nd day of March, 1999. Mayor of the City of Shakopee ATTEST: City Clerk /5: 15. c". CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: VIP Connection Charge - Supplemental DATE: February 23, 1999 Introduction Council direction on future connection charges for the VIP Interceptor is requested. Background When phase one of the VIP interceptor was built to CR 17, there was about $112, 000 of oversizing costs that were not assessed but held aside for a future connection. charge in areas not currently in the city limits. In 1995, these costs plus interest to 1995 were established as a connection charge for the benefited area. Unpaid connection fees have not been accruing interest or adjusted for interest since 1995 in accordance with the resolution adopting the fee. Phase two from CR 17 to CR 77 also had the same situation of holding aside about $66, 000 in costs for a future connection charge. However, staff missed these costs when the connection charge was set up for phase one in 1995 . About 75% of the benefited area has developed and the opportunity to collect with the plat or building permit has passed. This leaves about $16, 000 for potential collection from Stone Meadow and property to the west of Orchard Park West . The construction funds for these two projects have been closed out long ago as well as the debt service funds . There is about $97, 000 in uncollected assessments for these two projects, mainly due to "Green Acre" classification whereby assessments are deferred while the property is "farmed" . Alternatives 1 . Do not pursue collection of the phase two connection charge. 2 . Set up a connection charge to recoup the $16, 000 (plus about $9, 000 interest) from undeveloped/no building property for phase two. Recommendation Collection from the areas already developed would be extremely difficult. The area not developed may have costs and plans in place and an additional connection charge would be a surprise for the owner/developer/builder. Action Discuss and give staff direction. Voxland Greggg Finance Director C:\gregg\memo\VIP99