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HomeMy WebLinkAbout01/06/1998 TENTATIVE AGENDA CITY OF SHAKOPEE JANUARY 6, 1998 REGULAR SESSION SHAKOPEE, MINNESOTA LOCATION: 129 Holmes Street South Oath of Office by newly elected and re-elected officials Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Recess for an Economic Development Authority Meeting 4] Re-convene 5] Approval of Agenda roval of Consent Business-(All items noted by an* are anticipated to be routine. toer a discussion by the Mayor, remove 6] Appthere will be an opportunity for members ofCit3' items from the consent agenda for individual discussion. Those items removed will idered in their normal sequence on the agenda. Those items remaining on the consentagenda otherwise not be individually discussed and will be enacted in one motion.) 7] Liaison Reports from Councilmembers 8] Mayor's Report 9 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS ] *10] Approval of Minutes: November 17, 1997 Work Session and November 18, 1997 Adj.Reg. Session *11] Approve Bills in the Amount of$768,087.53 12] Communications 13] Public hearingon proposed supplemental special assessments for the Downtown Alley Reconstruction,Project No. 1993-9 -Res.No.4819 14] Recommendations from Boards and Commissions Al Rezoning of Blocks 1 and 26, Shakopee City,from Highway Business(B-1)to Central Business(B-3) TENTATIVE AGENDA January 6, 1998 Page -2- 15] General Business EgirLandBec_ r eahon 1. Community Center Projects S ity Devdmane *1.AExtension Agreement with WSB,Inc.for Seagate EAW Appointment2to Suburban Transit Association Board of Directors *3. Initiating Vacation of a Portion of Secretariat Drive-Res.No. 4 *4. Initiating Vacation of Easements in Canterb815 Park 4th Additions-Res.No. 4816 'Park 2nd and Canterbury Park *5. Initiating Vacation of Easements between Lots 5 and 6,Block 4 Trails - Res. No. 4817 , Timber *6. Supporting Legislative Funding of the Data Collection and Asses Developed by the Southwest Metro Ground Water Work Groupsme. Plan 7. Transit Management Contract -Res.No. 4820 8. Dial-A-Ride Focus Group Reconunendations Piihlic Wo_asng ngi iccrin D] Polic and irc 1. Grant Application for Minnesota.Auto Theft Prevention Program -Res. No. 4818 E] Gen r 1 Arlo, finis 1• Application for On Sale Liquor Licenses- 2. Application for Off Sale 3.2 Percent Malt Liquor Licensec. S Arnie's Friendly Folks Club LLC _ peedway/SuperArr�.erica *3. Application for Premises Permit-American Leon P *4. Refuse Collection Contract Amendment g ost 2 -Res.No. 4821 5. Fire Station Excess Property 6. 1998 Liaison Appointments 7. Council Meeting Policies and Procedures *8. Apportionment of Special Assessments for Boulder Ridge-Res. No. *9• Apportionment of Special Assessments for Prairieage4823 *10. Apportionment of Special Assessments Tor Prairie Bendl3rd Addi2nd tion - -Res. 4824 *11. Designation of Official Newspaper on-Res.No. 4825 12. Special Assessment Abatement 13. Tour of City Facilities 16] Other Business 17] Adjourn to Tuesday,January 20, 1998,at 7:00 p.m. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA ANNUAL MEETING JANUARY 6, 1998 1] Roll Call at 7:00 p.m. 2] Approval of the agenda 3] Approval of November 18, 1997,minutes 4] Election of Officers 5] Approval of bills 6] Other business A. Update on Status of Seagate Development 7] Recess for an executive session to discuss matters permitted under attorney-client privilege 8] Re-convene 9] Adjourn to Tuesday,January 20, 1998 OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA ADJOURNED REGULAR SESSION NOVEMBER 18, 1997 Members Present: Henderson, DuBois, Link, Zorn, and President Sweeney Members Absent: None Staff Present: Others Present: 1. 2. Mark McNeill, City Administrator; R. Michael Leek, Community Development Director Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Dan Greensweig, City Attorney President Sweeney called the meeting to order at 7:02 P.M. Roll was taken as noted above. Approval of Agenda The following item was added to the agenda: 5. TIF Budget Amendment. Henderson/Link moved to approve the agenda as modified. Motion carried unanimously. 3. R°I_Approval of October 21. 1997. Minutes DuBois/Zorn moved to approve the October 21, 1997, Minutes. Motion carried unanimously. 4. Financial A. Approval of Bills Link/DuBois moved to approve bills in the amount of$4,581.96 for the EDA General Fund and $4,201.35 for the Blocks 3 &4 Fund. Motion carried unanimously. B. Clock Tower Monies Gregg Voxland stated that the Clock Tower Committee had inquired as to how to establish a bank account for the clock tower project. There were three options. However, after speaking with the tax auditor, Gregg expanded on option#1. This option provides that the City Council enter into a contract with the Clock Tower Committee to accept collections of donations and that a bank account be established in the name of the City, with the City identification number, and that the City Treasurer be a signatory on the account. This would ensure that donations would be tax deductible gifts. Official Proceedings of the November 18, 1997 Shakopee Economic Development Authority Page -2- Zorn/Link moved to request that the City Council enter into a contract with the Clock Tower Committee to accept collections of donations and that a bank account be established in the name of the City, with the City identification number, and that the City Treasurer be a signatory on the account to ensure donations will be tax deductible gifts. Motion carried unanimously. C. Revised Billing from Ehlers and Associates Mark McNeill explained that after negotiations with Ehlers and Associates regarding their bill in the amount of$1,545.21, Ehlers and Associates has agreed to reduce the bill to $1,005.21. Henderson/Zorn moved to remove discussion of the Ehlers and Associates' billing from the table. Motion carried unanimously. Zorn/DuBois moved to approve Ehlers and Associates' bill in the amount of $1,005.21 for payment from the Blocks 3 &4 fund. Motion carried unanimously. 5. A. TIF Budget Amendment President Sweeney explained that the Economic Development Authority is not required to hold a public hearing to amend the tax increment budget for certain districts. However, Gregg Voxland has recommended that the EDA request the City Council hold a public hearing. Henderson/Link moved to request the Shakopee City Council hold a public hearing to amend the tax increment budget for Districts Numbers 1, 2, 3, 6, 7, and 9. Motion carried unanimously. 6. Adjournment DuBois/Link moved to adjourn. Motion carried unanimously. The meeting was adjourned at 7:09 P.M. • uoaw j. 0,6 0ith S. Cox, !JA Secretary Esther TenEyck, Recording Secretary Pr CITY OF SHAKOPEE Memorandum TO: EDA FROM: Mark McNeill,Executive Director SUBJECT: 1998 Officers DATE: December 30, 1997 INTRODUCTION: The EDA is asked to elect officers for 1998. BACKGROUND: As January 6th will be the annual meeting for 1998, a slate of officers should be elected for the EDA. Most recently,this was done by resolution. However, after consulting with the City Attorney,we believe that this is not necessary, and that appointments by election may be done by motion. By-laws of the Economic Development Authority require that the terms of office for President, Vice President, and the Treasurer expire on the date of the annual meeting of the Board of the subsequent year. The offices of the Secretary and Assistant Treasurer do not expire unless specific action is taken by the Board. The Secretary's position is filled by Judy Cox;the Assistant Treasurer is by Gregg Voxland. Therefore,the President,Vice President, and Treasurer positions should be elected at the January 6th meeting. In 1997,those positions were held by Bob Sweeney, Burl Zorn. and Jane DuBois, respectively. Mayor Brekke has asked that Clete Link serve as President of the EDA for 1998, and makes that recommendation to the Board. Nominations for Vice President and Treasurer should be made at the meeting. ACTION REQUIRED: The Council should,by motion, elect officers for the positions of President, Vice President, and Treasurer of the Shakopee Economic Development Authority, for the year 1998. 14ActietA c.JUQ47 Mark McNeill Executive Director � S r CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: December 31, 1997 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 projects for the period 12/12/97 to 12/31/97 . Action Requested Move to approve bills in the amount of $400 .52 for the EDA General Fund and $25665 . 10 for the Blocks 3&4 Funds . 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GA CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Seagate TIF Project Update DATE: December 31, 1997 For your information: On Tuesday afternoon, January 6, staff will be meeting with Seagate representatives, Valley Green Business Park staff and City legal counsel to discuss the project's situation and timelines. If anything significant arises out of the meeting that the EDA needs to be updated on, or needs to take action on, staff will present it at that evening's EDA meeting. mastrmmo.doc CITY OF SHAKOPEE �. (0, k1+ Memorandum TO: EDA FROM: Mark McNeill,Executive Director SUBJECT: Closed Meeting -Pending Litigation DATE: December 29, 1997 INTRODUCTION: At its meeting of January 6th,the EDA will be asked to go into closed session to discuss an item of pending litigation. This is one of the instances where public bodies such as an EDA may go into a closed session. So as to not delay other discussions that evening, it is recommended that the closed portion of the meeting be delayed until after the City Council agenda items are completed. ACTION REQUIRED: The EDA should,by motion, go into closed session, and cite the reason as being for the purpose of discussing pending litigation. �'I dt �i iil Mark McNeill Executive Director MM:tw OFFICIAL PROCEEDINGS OF THE CITY COUNCIL WORK SESSION SHAKOPEE,MINNESOTA NOVEMBER 17, 1997 Mayor Henderson called the meeting to order at 4:00 p.m. with Councilmembers Jane DuBois, Cletus Link and Bob Sweeney present. Councilmember Burl Zorn entered the meeting late. Also present were Mark McNeill, City Administrator;R. Michael Leek, Community Development Director; Gregg Voxland, City Finance Director;Bruce Loney,Public Works Director; and Mark McQuillan,Park and Recreation Director. 2. Agenda. The following additions were made to the Agenda: Item 3j, Setting hearing to amend budget and 7a,Revised transit budget. MOTION: Link/Sweeney moved to approve the Agenda as modified. Motion carried unanimously. Mayor Henderson then asked Gregg Voxland to give an overview of the issues to be discussed. 3. Tax Increment Financing Issues. Gregg Voxland approached the podium and referred Councilmembers to his November 12, 1997,memorandum. Mr. Voxland stated that he was looking for direction from the Council regarding the items contained in his memorandum. Mr. Voxland referred to the Projects block on page 3-3 of the memorandum and noted that the amount listed under Blocks 3 and 4 as $450,000 would be changed to state $390,000. He also noted that he had just been informed today that the Chaska Interceptor project cost would be $2.5 million rather than the $2.2 million estimated. Mr. Voxland also noted that an additional $200,000 -$300,000 needed to be budgeted as the City's responsibility for a pending lawsuit. He noted that MnDOT is dealing with the lawsuit at this time. Cncl. Sweeney stated that the City would be well advised to use the funds as projected. Regarding the extension of TIF District 7,the consensus of the Council was to direct staff to pursue extending the District and thus receive $20,000. Regarding the ISD payment,Mr. Voxland noted that the TIF rebate to the school district based on tax capacity taxes is being phased out. Regarding the closing of TIF District 6,Mr.Voxland noted that the City has not used the TIF revenue for 1996 and 1997 and stated that it would make things go easier with the state auditor if the District was closed out as of 1995. Cncl. Sweeney stated that there are places where the money could be distributed such as Blocks 3 and 4. He also noted that the risk is small compared to other Districts and that if an objection was made by the auditor it would be better to deal with a small district than a larger one. Cncl. Sweeney recommended amending the 1997 budget. He further recommended rebating the 1996 funds but not the 1997 funds. It was the consensus of the Council to close District 6 but keep the 1997 funds. This recommendation was to be reduced to a formal motion for the Council to vote on in the future. Official Proceedings of the November 17, 1997 Shakopee City Council (Work Session) Page -2- Regarding the closing TIF District 3,Mr. Voxland stated that this is the only district where the City pays the fiscal disparities contribution. It was the consensus of the Council to pay the fiscal disparities out of TIF and leave District 3 open. Regarding the balance of the Civic Center construction fund, Mr.Voxland stated there is approximately $74,000 left in the fund after paying for the sign. He questioned the Council as to whether it would like to transfer the remaining balance back to TIF District 1 for debt service or pay down the Fuller Street assessment. Cncl. Sweeney suggested that$45,000 be moved from Park Reserve Fund to pay for the ballfield fencing. Cncl. DuBois recommended some of the reserve dollars be used to purchase furniture for the Community Center lobby and to stripe the jogging track. Mark McQuillan was directed to obtain estimates for the striping and for furniture. Cncl. Sweeney confirmed that by transferring the remaining funds to TIF District 1 those dollars can still be spent. It was the consensus of the Council to move the remaining funds to TIF District 1 with the intention of taking care of striping the jogging track and purchasing furniture. Mr. Voxland also stated that a hearing needed to be set to amend the budget and would be added to the City Council agenda and the EDA agenda. Councilmember Zorn entered the meeting at 4:35 p.m. 4. Five-Year Park Reserve Fund Budget. Mark McQuillan approached the podium and noted that the Council had discussed adjusting the CIP and moving some of the funds that had not been used into the 1998 budget and invited any questions regarding the proposed budget. Cncl. Sweeney stated that he had reviewed the Joint Powers Agreement regarding the Scott County 79 trail and understood that the Agreement states that in the event of any dissolution of the Hennepin Scott County Park Reserve,the land would belong to the Hennepin County Park Reserve. Cncl. Sweeney stated that he was very reluctant to spend Shakopee taxpayer dollars on a project that could end up being owned by Hennepin Park Reserve. Mr. McQuillan stated that the City wanted to expedite the project in 1996 and noted that the County would eventually be responsible for maintenance. Cncl. DuBois agreed with Mr. McQuillan and stated that she would like to see the project completed. Mayor Henderson suggested that since the funds have not been spent and no plan was in hand, if an agreement could be reached with the County to be reimbursed in the event the land gets turned back. Mr. McQuillan was directed to review the Joint Powers Agreement before spending any funds and to see if a provision could be added to have the City reimbursed. Cncl. Link questioned whether there were any funds in the budget for the tennis courts at Stans Park. Mr. McQuillan said that there were not. Cncl. Sweeney noted that the $45,000 for the ballfield fencing project could be rescued. Mayor Henderson stated that Mr. Stans may be willing to donate$25,000 to the project,however, he would like to see plans and specs first. It was also noted that the school district will be maintaining the courts. Cncl. DuBois had a question regarding the difference in expenditures between 1998 and 1999 and Cncl. Sweeney explained this was due to the different fund sources. 1 Official Proceedings of the November 17, 1997 Shakopee City Council (Work Session) Page -3- 5. General Fund. Gregg Voxland reapproached the podium to explain the Tax Capacity Levy memorandum that was distributed. Cncl. Sweeney noted that the numbers given in the handout were very conservative and the City will probably not have a deficit. He further stated that having a surplus is good,however,the City does need to buy down the surplus to a more defensible level. Regarding the 1998 budget addition of a new staff position,Mark McQuillan reapproached the podium to explain the request for additional staff. Cncl. Zorn questioned Mr. McQuillan if the Park and Recreation Board approved of the position before submitting to the Council and Mr. McQuillan replied that the Park and Recreation Board had not but that it had looked at a five-year staffing plan. Mr.McQuillan noted that a recreation supervisor position would take some of the burden off the director and the other recreation assistant and this position could also develop new programs due to the growth of the community. Mayor Henderson requested a staffing breakdown as to what the benefits would be in adding this position, i.e. how would the workload be spread out and what type of programs could the person develop, etc. Cncl. Zorn opined that the position is sorely needed. Mayor Henderson stressed that the Park and Recreation Department is doing a great job. Cncl. Sweeney noted that the funding was not a problem but the Council would need more information. It was the consensus to include the position in the 1998 budget. Michael Leek brought the Council's attention to his November 17, 1997 memo regarding activity breakdown for the Building Department personnel. He stated that by hiring an additional clerk typist, a lot of administrative time could be freed up and would give the inspectors the opportunity to do more inspecting. Cncl. Link stated that he was impressed that the department functions as well as it does with the amount of building that was taking place. Cncl. DuBois also expressed her opinion that there is a definite need for a clerical person. Mayor Henderson noted that it was consensus of the Council that inclusion should be made in the budget for an additional clerical position. 6. Utility Rates. Gregg Voxland reapproached the podium to address his November 4, 1997 memo regarding utility rates. Cncl. DuBois expressed her concern about lowering the sewer fund base fee and the fact that it may have to be raised the next year. It was the consensus of the Council to lower the base fee by $.50. It was also the consensus of the Council to increase the flow fee by 7%. Regarding the storm fund,Mayor Henderson stated the City should look to a slightly higher increase than recommended and noted that the commercial properties are hit harder. Cncl. Sweeney stated that the estimated expenses may be more and gradual increases are better. Cncl. Zorn stated that the City appears to be safe through next year and did not feel an increase was warranted. Mr. Voxland was directed to bring numbers to the Council regarding a 5%or 6%rate increase as compared to a 4%increase. Regarding the Refuse Fund,Mr. Voxland stated that contract talks would be taking place the next day and a recommendation would be based on what happens at the November 18, 1997 City Council meeting. Official Proceedings of the November 17, 1997 Shakopee City Council(Work Session) Page -4- 1 7. Other Business. Regarding the 1998 Revised Transit Budget,Michael Leek distributed a revised 1998 transit budget and noted that the cost of services increased and there was a minor increase in overall administrative costs. The revised budget also incorporated a change in hours of service. As a result of the changes, a 5%increase was noted in both the revenue and expenses. Mr. Leek stated that he would look into what Private Vehicle Capital referred to in the Operating Expenses goes to. Cncl. Zorn questioned if there was any way the City's costs could be cut and Mr. Leek replied that this cannot be done in the 1998 budget due to the Met Council levy and the cost of purchasing services, i.e. Laidlaw. Cncl. Zorn also inquired at what point can the City look at providing its own transit service and not contract with another entity to which Mr. Leek replied that he did not know due to the many factors involved but that it may cost more due to purchasing vehicles, etc. Cncl. DuBois suggested revisiting this subject. MOTION: Sweeney/Zorn moved to adjourn the Work Session. Motion carried unanimously. Work session closed at 6:00 p.m. uA , )- ei?C J dith S. Cox City Clerk Janet Vogel Freeman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA NOVEMBER 18, 1997 Mayor Henderson called the meeting to order at 7:01 P.M. with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Cletus Link present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Dan Greensweig, City Attorney. A recess was taken at 7:02 P.M. for the Economic Development Authority meeting. The meeting re-convened at 7:10 P.M. The follow items were deferred to December 2, 1997: 14.A.2. Zoning Ordinance Disclosure, and 14.C.4. Ron Carlson Request for Vacation. The following item was added to the agenda: 14.E.10. Clock Tower Contract. Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. Link/Zorn moved to approve the Consent Agenda. Motion carried unanimously. Councilmember Sweeney gave a liaison report. Mayor Henderson did not give a report. Mayor Henderson asked if there were any interested citizens present who wished to address the City Council on any item not on the agenda. There was no response. Link/Zorn moved to approve the October 21, 1997, minutes. (Motion carried under the Consent Agenda.) Link/Zorn moved to approve bills in the amount of $690,427.77 (Motion carried under the Consent Agenda.) The public hearing for proposed assessments for the 1997 Street Overlay, Project No. 1997- 2 was opened. Bruce Loney reported that with the exception of minor punch list items, all project costs have been identified and the project is essentially completed. Final project costs are $283,511.20 and include construction costs and engineering/administration costs. Bruce explained that the project is assessed at 25 percent per residence. Assessed costs are $67,442.38. City costs are $216,068.82 and are to be funded from the Tax Levy. Official Proceedings of the November 18, 1997 Shakopee City Council Page -2- Bruce explained that the assessments were itemized for each area. The Industrial Park area was assessed per front foot. The remaining areas had uniform residential lots and were assessed on a per lot basis. Due to low assessments, the Finance Department has recommended a five year assessment term rather than the standard 10 year period. This change has also been incorporated into the resolution. Mayor Henderson asked if there was anyone present in the audience who wished to address the City Council on this issue. Having no response, the public hearing was closed. Sweeney/Link offered Resolution No. 4790, A Resolution Adopting Assessments for the 1997 Street Overlay Project No. 1997-2 and moved its adoption. Motion carried unanimously. The following item was taken out of the regular order on the agenda: 13.A. Text Amendment to City Code Regarding Highway Billboards and Advertising Signs - Ord. No. 505. Michael Leek reported that a definition amendment was presented, along with two (2) text amendment options for the Planning Commission's review. The options provide for the prohibition of advertising signs, to amend the City Code to define advertising signs and thereby prohibit them; or to allow them, also defining them in the ordinance. He said the Planning Commission recommended amending the City Code to include a definition and a prohibition against advertising signs. A discussion ensued regarding definitions, permanence and uses. Sweeney/DuBois moved to table discussion of the Text Amendment regarding highway billboards and advertising signs, and direct staff to define "permanent." Motion carried unanimously. The regular order of the agenda was resumed. The public hearing for proposed assessments for the 1996 Street Reconstruction, Project No. 1996-2 was opened. Bruce Loney reported that with the exception of minor punch list items, all project costs have been identified. Final project costs are $1,078,184.65, and include construction costs, right-of-way costs and engineering/administration costs. Assessed costs are $216,732.50. City street costs are $515,408.91 and are to be paid through the Tax Levy. The total sidewalk credit amount is $5,757.67 and is based on a 20 year life cycle. Improvements include sanitary sewer, watermain as needed, sanitary and sewer and water services, streets and sidewalks. Official Proceedings of the November 18, 1997 Shakopee City Council Page -3- The street assessments rates were higher than in the feasibility report, however, the sanitary sewer service assessments were lower due to the bid prices received. Assessments on Naumkeag 9 Street increased from $692.29/Lot to a final cost of $1,119.70/Lot. This increase is due to increased storm sewer and rock excavation costs. As per the Assessment Policy, the City pays for 50% of the sewer main cost and 50% is assessed to benefiting properties. Lot 8, Block 101, Original Shakopee Plat, in which sanitary sewer main is being installed to service the vacant parcel is an exception. Also included on the assessment roll are credits to some properties for previous sidewalk replacement program assessments. These credits are pro-rated based upon a 20 year life cycle. The total credit amount is $5,757.67. Using the Capital Improvement Fund for the credits was recommended. The following appeals have been filed: Happy Chef Mrs. Thomas Getts Marceline Hickman Mayor Henderson explained the appeal process. Judith Cox stated that when submitting a letter appealing the assessments, the project number, parcel number, date and a signed statement of appeal are necessary. Mayor Henderson asked if there was anyone present in the audience who wished to address the City Council on this issue. Rafael Villalobos, Light of the World Church, 502 East 1st Avenue, approached the podium and stated he is not against the assessment but was concerned as they are in the process of remodeling and are only a 6-70 member congregation. He asked Council to consider their situation to allow a reasonable amount of time to pay the assessment. Councilor Sweeney explained that the assessment is to be paid over a 10 year period. Having no further comments the public hearing was closed. Zorn/DuBois offered Resolution No. 4791, A Resolution Adopting Assessments for the 1996 Street Reconstruction Project, Project No. 1996-2, and moved its adoption. Motion carried unanimously. The public hearing for proposed assessments for the Downtown Alley Reconstruction, Project No. 1993-9 was opened. Official Proceedings of the November 18, 1997 Shakopee City Council Page -4- Bruce Loney reported that with the exception of minor punch list items all project costs have been identified. Final project costs are $1,118,411.92 and include construction costs, right-of-way costs and engineering/administration costs. Assessed costs for paving are $28,793.99. Electrical services assessments are $85,483.33. City costs for alley paving are $121,859.14 to be funded through TIF Funds. City costs for underground electrical work are $487,665.32 to be funded through TIF Funds. SPUC costs for underground electrical work are $394,610.14 to be funded through Shakopee Public Utilities Commission. This project included the reconstruction of alley pavements in conjunction with the replacement of an existing overhead electrical power system to an underground electrical power system in the Downtown Business area. Alley paving was assessed at 25 percent. SPUC only assessed the electrical work from the property line to the building rather than the transformer to the building. SPUC also contributed up to $35,000 to be used on assessment reductions, previous services already underground and "buck boosters transformers" for some electrical users. SPUC is also contributing $30,285.21 for assessment reductions on electrical services. The City is responsible for 100 percent of the concrete duct work and street lighting costs of$395,340.39. Mayor Henderson explained the appeal process and asked if there was anyone present in the audience who wished to address the City Council on this issue. Joe Notermann, Contract for Deed Owner, approached the podium and stated he had a difficult time understanding how assessments are charged. He said he felt the electrician charges were excessive. He also stated he had given SPUC permission to cross his property in order to serve the Perry and Hennen properties. Joe Notermann asked if the intent is to give credit on transformers and not service cabinets. Bruce Loney explained that the assessment was from the service cabinet to the buildings. He said the cost per foot varied, depending upon the size of wire needed. Mr. Notermann then questioned the assessments to his neighbors, which were lower than his. Counselor Sweeney explained that the electrical draw and multiple services will affect the size of wire needed and recommended he discuss this with Mr. Loney. Terry Hennen, Sports Stop, approached the podium and asked how accurate the measurements are. Bruce Loney stated that they are within a foot. Mr. Hennen then asked why there was a difference in the wire and conduit used between the Perry building and his. He said the Perry building is 18" away and asked how the conduit could go from 65' to 40'. Bruce Loney stated that a technician did the measuring and said if the Council wishes, staff could re-measure, but added that the calculations were based on the measurements provided. Official Proceedings of the November 18, 1997 Shakopee City Council Page -5- A uwat hwo , s a o , decideddiscussion to moveensforward edand withit thes project explainede venthathoughteDothentsecondwnBusinessmenbid was still ahighergrthan the estimates. In response to a comment regarding notification, it was noted that property owners were notified and a public hearing was held. Having no further comments the public hearing was closed. DuBois/Sweeney offered ResolutionB ockso. 721 92, 22, 23A S24,t25, 2930 and 31, Project No. pting Assessments for the Downtown Alley Reconstruction; 1993-9, and moved its adoption. Bruce Loney stated staff could re-measure or look into questions regarding calculations. Motion carried unanimously. Letters of intent to appeal were received from the olowing:le Bridge;'Il Bill BerensrsBe ens,MaBklet; l's Toggery Inc.; Charles Mensing; PatrickSchroers,s Joseph Notermann; Wallace Perry; William L. Brown; and Terry Hennen. A recess was taken at 8:18 P.M. The meeting re-convened at 8:30 P.M. Item 14.E.8. Waste Management Inc./Recycling Contract, was taken out of the regular order on the agenda. Mark McNeill explained that staff has been negotiating a number of issues with Waste Management, Inc. 1) Monthly fees will decrease by $0.08 per home in 1998. The State of Minnesota is eliminating the State Sales Tax and the annual Environmental Assessment of $2.00, but creating the State Solid Waste Management Tax of 9.75 % on January 1, 1998. This will result in a $0.03 (32 gallon) and $0.06 (64 gallon) monthly increase per home. 2) The proposed yard waste fee is $0.75 per tag, or an increase of $0.15 per tag. 3) Based on the consumer price index of the preceding year, the contract price will be adjusted on January 15 in 1999 and 2000. 4) The City currently pays SPUC $7,000 per year to include garbage billed with other utilities. Waste Management, Inc. has provided a quote, to take over all billing and another quote to take over all billing plus responsibility for delinquent accounts. The quote to include delinquent accounts was $1.34 per account. SPUC has agreed that this would be advantageous to both the City and to SPUC. It was recommended that this be done as part of Waste Management and that this be done on a quarterly basis rather than monthly. Lou VanHout, Shakopee Utilities, approached the podium and stated that SPUC feels that this is acceptable, However, he said the entire program should go so that those doing the billing are answering the questions. .IMM Official Proceedings of the November 18, 1997 Shakopee City Council Page -6- Ms. Deb Osgood, a representative from Waste Management, approached the podium with a question regarding transition time when taking ing over billing. at a minimum. e said the City will still e receive some phone calls but they will keep A discussion ensued regarding the perception of an increased rate when residents receive a quarterly bill as opposed to a monthly bill. Sweeney/Zorn moved to authorize City officials to execute the addendum #4 to the existing contract with Waste Management, Inc., effective January 1, 1998, and direct staff to make any necessary administrative adjustments. Motion carried unanimously. The regular order of the agenda was resumed. Michael Leek reported that a request was received to change the name on Old County Road 18 as well as a petition of 17 individuals, requesting that the City reduce the speed limit on this portion of roadway from 55 mph to 40-45 mph. He recommended that this item be tabled until the turnback of the roadway is completed. A discussion ensued regarding the length of time necessary to conduct a speed limit study. A recommendation was made to request the study at this time to expedite this issue. Sweeney/DuBois moved to direct staff to initiate a study of the speed limit for the section of roadway along Old County Road 18. A discussion ensued as to whether the St classifiedas limitate or County determines seed Brban s. ruce Loney stated that the State determines speed limits on all roads not district roadways. Motion carried unanimously. Sweeney/Link moved to table the request on the naming of the Old County Road 18 roadway until it is turned over to the City. Motion carried unanimously. Link/Zorn moved to direct the appropriate persons to execute an agreement with the Metropolitan Council for Local Planning Assistance Grant Funds. (Motion carried under the Consent Agenda.) Link/Zorn offered Resolution No. 4786, A Resolution Adopting a Snow Plowing/Ice Control Policy for the City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda.) 1 Official Proceedings of the November 18, 1997 Shakopee City Council Page -7- Link/Zorn moved to authorize the appropriate City officials to buy back unused holiday hours from the following individuals up to the amount indicated: Carlson 40 hrs. $ 868.68 Crocker 20 hrs. $ 427.88 Dellwo 38 782.52 Erlandsen 40 1,014.54 Flynn 40 1,010.66 Gulden 38 782.52 Kaley 28 707.46 Koch 40 861.94 Lawrence 40 910.22 Lipinski 36 555.91 Robson 40 874.47 Scherer 40 868.68 Tucci 40 861.92 (Motion carried under the Consent Agenda.) Tom Steininger, Chief of Police, approached the podium and stated the Police Department would like concept approval from the City Council to participate in a computerized pawnshop records system developed by the Minneapolis Police Department. The Automated Pawn System (APS) is being used to locate, identify and recover stolen property. This system contains records of all property pawned in participating jurisdictions. The information available is also more comprehensive and useful than information available through State and Federal files. The same information will be collected as in the past but it will be forwarded electronically rather than manually and no increase in license fees is being requested in connection with APS. Participation will result in more effective monitoring of pawnshops and recovery of much of the cost of staff time spent on this activity by passing the cost on to the customer through user fees. To recover our cost, Shakopee will add approximately $0.50 to each billable transaction. In order for Shakopee to participate the City will have to enter the Automated Pawn System (APS) Service and Software License Agreement, and the Police Department will have to pay a one-time $1,050 licensing fee; Scott County will maintain and pay for the direct link with APS and participating agencies in the County will be able to use the system through their computer at no charge. The goal is to recover more stolen property, return it to its owners and arrest those who stole it. A discussion ensued regarding costs and a budget amendment was requested, approving the one-time user fee of$1,050. Phil Hafvenstein, Minneapolis Police Department, approached the podium and explained that the APS System was created out of necessity to do a better job of handling paper work and cutting costs. He said Minneapolis has eliminated approximately 24,000 pieces of paper a year, and two clerical positions. Mr. Hafvenstein explained that the information is collected and sent by modem twice a day to a data base which is available to all police departments. The cost is born by the industry being regulated through the billable transaction fee. This fee is a combination of the cost Official Shakopee ProceedingsCityCouncil of the NovemberPage -818, 1997 - of having the system collect, validate, and make available information. The additional $0.50 represents the City's cost to regulate this. Communities using the APS System are billed once a month. The individual city's add their additional costs to that bill and pass this back to the store on a per transaction basis. The $1,050 provides for training of two (2) people in the department and establishes the connection and system. Sweeney/DuBois moved to authorize the appropriate City Officials to enter the Automated Pawn System (APS) Service and Software Licensing Agreement. Motion carried unanimously. Sweeney/Zorn moved to direct the City Administrator to work with the City Attorney to make the necessary modifications to Section 6.28 of the Shakopee City Code to require pawnshops to participate in APS. Motion carried unanimously. Link/Zorn moved to accept the resignation of Officer Craig Greenwald, with regrets. (Motion carried under the Consent Agenda.) Link/Zorn moved to appoint Bob Gieseke as a fire fighter for the City of Shakopee, contingent upon successful completion of physical exam and background investigation. (Motion carried under the Consent Agenda.) Link/Zorn moved to direct that no further work be done regarding the option to refurbish engine 9520. (Motion carried under the Consent Agenda.) Cncl. Link stated he would be abstaining from discussion and voting on the apportionment of special assessments for South Parkview 3rd Addition. Zorn/Sweeney offered Resolution No. 4793, A Resolution Apportioning Assessments Among new Parcels Created as a Result of the Platting of South Parkview 3rd Addition, and moved its adoption. Motion carried 4-1 with Cncl. Link abstaining. Link/Zorn offered Resolution No. 4794, A Resolution Apportioning Assessments Among new parcels Created as a Result of the Platting of Shenandoah Place, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Zorn moved to authorize the City Clerk to release the letter of credit for the Plan "A" public improvements for Pinewood Estates. (Motion carried under the Consent Agenda.) Mark McNeill explained that the next step in establishing a flexible benefits accounts program for City employees, is to establish a "flexible spending account". He said by deferring a portion of the salary, the employee does not have to pay payroll taxes on the money earmarked for qualified expenses. This could save as much as 30 % in tax savings. By lowering employee FICA contributions the City saves on matching FICA contributions. Official Proceedings of the November 18, 1997 Shakopee City Council Page -9- Staff has checked with other cities, and found that it is typical for the employer to pick up the administration costs because of the City's FICA savings. For employees, the amount of money to be sheltered as pretaxed must be carefully planned - any amount not used at the end of the year would be forfeited. There can also be some potential reduction in social security benefits, as salary is reduced. Documentation, installation and reporting fees amount to $1,295. In addition, there are monthly administration fees totaling $3,192 (assuming all 70 employees enrolled) The maximum cost per employer would be $195 the first year. It was recommended that a flexible spending account program with Freedom Services, Inc. be established. Zorn/DuBois moved to accept the proposal of Freedom Services Inc. for a flexible spending account program for City employees. Motion carried unanimously. Link/Zorn moved to accept the rate quotation from BlueCross BlueShield for 1998 under the Southwest West Central Cooperative Program. (Motion carried under the Consent Agenda.) Link/Zorn offered Resolution No. 4763, A Resolution Certifying Delinquent Storm Drainage Utility Bills for Collection on the Tax Rolls Payable 1998, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Zorn offered Resolution No. 4795, A Resolution Calling for a Public Hearing on December 23, 1997, at 7:00 P.M., on the Modification of Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 2, 3, 6, 7 and 9 and a Modified Redevelopment Plan for The Minnesota River Valley Housing and Redevelopment Project No. 1, and moved its adoption. Motion carried unanimously. Link/Zorn moved to authorize closure of City Hall at noon, December 24. (Motion carried under the Consent Agenda.) Mark McNeill recommended that the EDA's request to implement a bank account for the Clock Tower Committee be established. Zorn/Sweeney moved to authorize the proper City officials to enter into a contract with the Clock Tower Committee to collect donations to the project and that a bank account be established in the name of the City with the City ID number and that the City Treasurer be a signatory on the account. Motion carried unanimously. A recess was taken at 9:12 P.M. for the purpose of conducting an executive session to discuss labor negotiation status with the Shakopee Police Sergeants' Union. The meeting re-convened at 9:23 P.M. No action was taken during the executive session. Official Proceedings of the November 18, 1997 Shakopee City Council Page -10- Zorn/Sweeney moved to adjourn. Motion carried unanimously. The meeting was adjourned at 9:23 P.M. gill tx.otak, . glt ith S. Cox City Clerk Esther TenEyck Recording Secretary Jr I r CONSENT L . CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: December 31, 1997 Introduction and Background Attached is a print out showing the division budget status for 1997 based on data entered as of 12/31/97 . Also attached is a regular council bill list for invoices processed through 1/2/98 for council approval . Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-xxxx) and Blocks 3&4 (code 9439 & 9447) in the amount of $26, 065 .62 . ,Action Requested Move to approve the bills in the amount of $768, 087 . 53 • , r.) i , CITY OF SHAKOPEE 1 EXPENSES BY DEPARTMENT 12/31/97 CURRENT YEAR ANNUAL MONTH TO PERCENT DATE EXPENDED BUDGET ACTUAL ____________ ______________ , DEPT DEPT N =____________ _________'___ _==== ======_____________ __-______' 3333::_:_:___::=_=_== 51,020 57 89,410 2,912 67 7 11 MAYOR & COUNCIL 10,909 167,876 249,980 67 12 CITY ADMINISTRATOR 11,424 157,130 170,090 88 1315 CITY CLERK 19,217 288,081 329,150 199,013 92 6 LEGAL 217,320 46,807 92 16 LEGAL COUNSEL 28,511 381,566 451,290 847 80 17 COMMUNITY DEVELOPMENT 15,168 141,566 176,740 96 18 GENERAL GOVERNMENT BUILDINGS 142,270 1,669,295 1,744,470 417,741 90 31 POLICE 463,690 38,512 90 3 32 FIRE 18,872 232,025 250,720 363,752 853 41 INSINEERIN BLDG-PLMBG-HTG 425,780 29,83983 ENGINEERING 33,680 645,577 781,860 645,662 94 424 STREET MAINTENANCE 127,390 15,687 293,063 82 I 44 SHOPR356,460 23,760 89 46 PARK MAINTENANCE 252,525 1,272,215 1,431,387 91 UNALLOCATED 88 ,094 6,399,863 7,265,737 690 ,399_8__ ___ TOTAL GENERAL FUND =________ 3333___ _ --- - 420,160 85 17 COMMUNITY DEVELOPMENT 496,770 68,957 85 68,957 420,160 496,770 20_16_ ___ TOTAL TRANSIT =__ 33_33__ ==== ===- 140,580 4,236 91,489 65 19 EDA 65 4,236 91,489 140,580 _ _4__ ___ TOTAL EDA =======__ 3333___ _-___ - r-i m m a a 4 R H H H H H H H H H H H 04 W as a a a aaa H H H H H H H H H H Z IX W 0 a az A Z N0 crN Z U W H a) 01 aci 0 H N M Tr V' Ln ,-e 1/40 1/40 1/40 'J U1 U7 W to in in m M M M m rt 111 M M M Z Ln U1 > 111 H Ln H Ln to r-I H LLA In L�l1 U) N U) Ill1111111 LUc1 H 0 0 0 N 1p 0 l0 O 0 l0 l0 0 0 0 0 O 0 Z r-1 M 0 m O O m m O 0 0 0 H d' 0 0 0 NH COmM0 0 HOmmmE co H H N CO CO CO N COU) V' H a r-I r1 M N HM HHHHHN r-I M HN d' d'd' �7 W N N W N N W N N N N N N.1. 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I Z w 0 H H c7 A Z Z Z Z Cu cn H H w z z A Cil rza0 W E-1 �" z w w w c > Z = a Z A fx. a z �W W CD ��'' A W rt.H 0 0 w a a V' W Z H N M LO U co H 0 z Z a Cu W W H H RL E. 3x �t HC>i Z a 4 LA>;+ 0H 4 w H O H H W 4 Ln M Z El m U] co Cl) co W H A El W 144 ["' (� at U) H to H HH H H A E C4 H a H •� A A A A A H o a co a 0 � Z favi M LO `.� H d' V 1/40 W 01 o Cr. U U al Z a A o v rn m Cu Cu .. ca 01 H H H H H El H H w vv-1 UU) a o w U0 ,--IN 01 0 r-I N M V• M L� p cm M 0 0 0 x 0 V' U1 H N N N N N dM' V' V' V' V' V' V' V' V' V' V' l t"-. 1` CO U O r-I H N 0 H r1 M M M M d' V' HZ 000000000 A A A A A A C) Z Z w w w w w w 0 w 0 w w w 0 w 0wU w w w w w u, w w l5 . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: John H. DeLacey, Engineering Tech. IV SUBJECT: Supplemental Assessment Hearing for Downtown Alley Reconstruction, Project No. 1993-9 DATE: January 6, 1998 INTRODUCTION: Attached is Resolution No. 4819, a resolution which adopts the supplemental assessments for the above referenced project. BACKGROUND: City Council adopted the original assessment roll for this project at the November 18, 1997 public hearing. Subsequently, City staff and Shakopee Public Utilities Commission's (SPUC) staff have met and determined that there are seven (7) property owners that have assessments requiring adjustments. All properties affected have reductions in their assessment. The total reduction of the assessments amounts to $4,876.19. Of this amount, the City is responsible for $361.49, with SPUC paying for the remainder of$4,514.70. ALTERNATIVES: 1. Adopt Resolution No. 4819. 2. Deny Resolution No. 4819. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4819, A Resolution Adopting the Supplemental Assessments for the Downtown Alley Reconstruction, Blocks 21, 22, 23, 24, 25, 29, 30 and 31, Project No. 1993-9 and move its adoption. e,be._, , ohn H. DeLacey Engineering Tech. IV JHD/pmp MEM4819 RESOLUTION NO. 4819 A Resolution Adopting Supplemental Assessments For The Downtown Alley Reconstruction; Blocks 21, 22, 23, 24, 25, 29, 30 And 31 Project No. 1993-9 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of Reconstructing the Alleys in Blocks 21, 22, 23, 24, 25, 29, 30 and 31 and Electrical Undergrounding;and WHEREAS, it has been determined that an error was made in the assessments for certain properties,thereby requiring an adjustment to their assessment. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the supplemental assessments, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein, thereby replacing assessments adopted by Resolution No. 4792, for those properties listed on the supplemental assessment roll and each tract therein included is hereby found to be benefited by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1998, and shall bear interest at the rate of 8.00 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1998 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The Clerk shall file the supplemental assessment roll pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk 1 I N V V N .1 V V V V1.O t' i i m E tl N . V � 71 cn W ul -'ul o 122 V ul Ul F_= � 3 x y m x rn •x a `l o m �, om3g?; za � =41a � meg' $ y o c r 1`L o m 1 p ig A m ` nc 4 g. N m A O : •u, a m a r(7,17 W 38; 7 X71 I d W I '73 m • 400 m m 00 CO O CO 0 n Of s m C NrN co 27WUf COW Z to r' z c,co_ m N y � z �. 01 qm R.p, �,Ri -+ ,. R. � G 0 AX4 13148 Or - O V N N V N New V Qp 43 N S'�.N N1,4 st 0 A O " Z: A r' A -, a m Øn1 12 7F7 12 ° !I OD P3 N N C .a Op N.N. m 0 ".L41 °.2 aIn u] r A 4, sr7 Ulnen '11,,.. _ IN z . m ,a 0 M. w 0 X N 9 D N Z Q, -1 r b 0 o, c r O O Z 9, 0) o y r O N 0 Oc 0 Ea � (0 oU�z h c 0 c . 8 N V N Ntti m y m r �i Ulm 1444 409 M M N0-. N 0 N V CO 1 W IJ O"COwl 3 .... V W • 21 V 0 !0 iv z D Al Co 0 0• • N0 V m CO V . O N5.rn D m r. mr r. H m m Sl 2 m j j j m o g a, io 'A° `N° COI co -4 3.N 14 „1 M In H �+ 49 0 N q y (p z A 0 0) N ix O) N V -4 1i A� CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to the Zoning Map -Rezone Blocks 1 and 26, Shakopee City Plat property from Highway Business Zone (B 1)to Central Business Zone (B3) MEETING DATE: January 6, 1998 INTRODUCTION At its August 25, 1997, meeting, and after considering the variance appeal of Dr. Perry, the Council directed staff to commence consideration of the above-described rezoning. At its November 6, 1997, meeting the Planning Commission took testimony opposed to the proposed rezoning, closed the public hearing, but tabled the matter for further information regarding 1) the impact on parking availability, and 2) property use status after the proposed rezoning. That information was provided at the Commission's December 18, 1997, meeting. The Commission recommended denial because 1)the lack of parking requirements in the B-3 zone would exacerbate parking problems in the area, 2) redevelopment of Block 1 (north side of C.R. 69)under B-3 standards could adversely affect vehicle line of sight on that roadway, and 3)the proposed change would amplify the non-conforming status of the existing used car sales lot. ALTERNATIVES 1. Deny the proposed rezoning. 2. Approve the proposed rezoning and direct preparation of an ordinance consistent with the action. 3. Table the matter PLANNING COMMISSION Because of the concerns outlined above, the Commission unanimously recommended denial. ACTION REQUESTED Offer a motion concurring with the recommendation of the Planning Commission, and maintain the current zoning on Blocks 1 and 26. R. Michael Leek Community Development Director • (C. • CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to the Zoning Map-Rezone property from Highway Business (B-1)to Central Business Zone(B-3) MEETING DATE: November 6, 1997 Site Information: Applicant: City of Shakopee,Minnesota Site Location: The South half of Block 1 and the North half of Block 26, Shakopee City Plat, located on the East end of the"mini bypass" on C.R. 69/101 Current Zoning: Highway Business(B-1) Adjacent Zoning: North of the South half of Block 1: Agricultural Preservation(AG) South of the North half of Block 26: Highway Business(B-1) East: Highway Business(B-1) West: Central Business(B-3) Comprehensive Plan: Commercial MUSA: The site is within the MUSA boundary INTRODUCTION At its August 5, 1997, meeting the City Council directed that staff commence an action to rezone the above-described properties from Highway Business(B-1)to Central Business(B-3). Please see Exhibit A for the location of the subject area. Exhibits are attached as follows: Exhibit A,Zoning Map;Exhibit B, Comprehensive Land Use Map; Exhibit C, City Code Section 11.36,Highway Business(B-1)regulations;Exhibit D, City Code Section 11.40, Central Business Zone(B-3)regulations. CONSIDERATIONS 1. The Comprehensive Plan sets basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibits C, and D provide a list of the uses,both permitted and conditional,that are allowed in the Highway Business(B-1)and Central Business Zone(B-3). 2. The Land Use Chapter of the 1995 Comprehensive Plan designated this area as"Commercial". The Comprehensive Land Use Plan serves as a general guide plan and is not designed to follow specific property lines and/or boundaries. The rezoning of the site to"Central Business Zone would be in conformance with the 1995 Comprehensive Plan. FINDINGS The criteria required for the granting of a Zoning Map or text amendment are listed below with proposed findings for the Commission's consideration. Criteria#1 That the original Zoning Ordinance is in error; Finding #1 The original Zoning Ordinance is in error in that the subject properties were developed in a fashion more consistent with the development patterns in the Central Business Zone. Criteria#2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have not, as expressed in the Comprehensive Plan,taken place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 The opening of new STH 169 has had an impact on business and development along C.R. 69/101. The establishment of B-3 zoning on the subject properties would further the ability of businesses to successfully operate in the historic center of the City. Criteria#4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan identifies this area for commercial use. The Comprehensive Plan Land Use Plan serves as a guide plan for development of the City. Therefore,the request is in compliance with the land use plan in the 1995 Comprehensive Plan. ALTERNATIVES 1. Recommend to the City Council the approval of the request to rezone the subject property to Central Business(B-3)from Highway Business(B-1). 2. Recommend to the City Council the denial of the request to rezone the subject property to Central Business(B-3)from Highway Business(B-1). 3. Continue the public hearing and request additional information. ACTION REQUESTED: Offer a motion to recommend to the City Council the approval or denial of the request to rezone the subject properties to Central Business to Highway Business. R M CommunityichaelLeek Development Director is\commdev\boaa-pc\1997\nov06\rezb3 N - -0.- ,----. �► Vim; - "Mil '�41111100il�10 A~� , ,s a■u > 100, it„i,, d'� d,`v . ti ��Q® �1�� �1�OL��.'ar 44 link w,um enuinigi = =ii Eof 0 . ale � r' "II Oilv ayp! .� o \a sr'r, d'a ' i • lii1D ii�. fs. r ,is ¢� • i . i • i!liiii0 0P-a li agog � � •rvfs r � s VII !1i �i �iiis i'e t sola '' ' • 0�!!��'� ®�t� 'r v'd o aN gm Ii 414, la ��`i �i O .i /4 • - 21111!!1: 1y' �.. 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Within the highway business zone, no structure or land shall be used except for one or more of the following uses: A. motels and hotels; B. restaurants, class I; C. retail establishments; D. utility services; E. administrative, executive and professional offices; F. financial institutions; G. medical or dental clinics; or H. public buildings. Subd. 3. Conditional Uses. Within the highway business zone, no structure or land shall be used for the following uses except by conditional use permit: A. taverns; B. churches; C. animal hospitals and veterinary clinics; D. open sales lots or any use having exterior storage of goods for sale; E. gas stations; F. restaurants, class II; G. private lodges and clubs; H. commercial recreation, major or minor, 1. bed and breakfast inns; J. uses having a drive-up or drive-through window; K. vehicle sales, service, or repair, including general repair, rebuilding or reconditioning of engines or vehicles, including body work, frame work and major painting service, pp., vi. d in 1996 1171 • § 11.36 . replacement of any part or repair of any part, incidental body and fender work, painting or upholstering; L. car washes; M. hospitals; N. theaters; 0. funeral homes; P. utility service structures; Q. day care facilities; R. relocated structures; S. structures over 35 feet in height; T. developments containing more than one principal structure per lot; or U. retail centers; or V. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd.4. Permitted Accessory Uses. Within the highway business zone the following uses shall be permitted accessory uses: A. any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; D. decorative landscape features; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the highway business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: minimum lot area: (new lots): two acres (existing lots): 8,000 square feet maximum floor area ratio: .50 p.p rased in 1996 1172 ti § 11.37 B. Maximum impervious surface percentage: 75% C. . Lot specifications: minimum lot width: (new lots): 100 feet (existing lots): 60 feet minimum front yard setback: 30 feet minimum side yard setback: 20 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zones: 75 feet D. Maximum height 35 feet without a conditional use permit. (Ord. 31, October 25, 1979; Ord. 150, October 4, 1984;Ord. 158, January 31, 1985; Ord. 159, February 28, 1985; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 275, September 22, 1989; Ord. 279, December 1, 1989; Ord. 292, September 7, 1990; Ord. 320, October 31, 1991; Ord. 377, July 7, 1994; Ord. 434, November 30, 1995) SEC. 11.37. Reserved. page revised n 1996 1173 EXHIBIT p § 11.40 SEC. 11.40. CENTRAL BUSINESS ZONE (B-3). Subd. 1. Purpose. The purpose of the central business zone is to provide a zone which accommodates the unique character of the central business area in terms of land uses and development patterns. Subd. 2. Permitted Uses. Within the central business zone, no structure or land shall be used except for one or more of the following uses: A. retail establishments; B. public buildings; C. medical or dental clinics; D. utility services; E. dwellings when combined with another permitted use; F. restaurants, class I; G. administrative, executive and professional offices; H. financial institutions; or I. hotels. Subd. 3. Conditional Uses. Within the central business zone, no structure or land shall be used for the following uses except by conditional use permit A. commercial recreation, minor, B. restaurants, class II; C. theaters; D. bus terminals and taxi stands; E. multiple-family dwellings; F. printing or publishing facilities; G. private lodges and clubs; H. parking facilities open to the public; 1. animal hospitals and veterinary clinics; J. taverns; p.pe revised in 1996 1191 § 11.40 K. gas stations; L. uses having a drive-up or drive-through window; M. bed and breakfast inns; N. funeral homes; 0. utility service structures; P. day care facilities; Q. relocated structures; R. structures over 45 feet in height; S. developments containing more than one principal structure per lot; or T. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the central business zone the following uses shall be permitted accessory uses: A. any incidental repair or processing necessary to conduct a permitted principal use; B. private garages or off-street parking; C. temporary construction buildings; D. decorative landscape features; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the central business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: minimum lot area: 3,000 square feet maximum floor area ratio: 4.0 B. Maximum impervious surface percentage: 100% C. Lot specifications: minimum lot width: 20 feet p.q.revised in 1996 1192 § 11.41 minimum front yard setback: 0 feet minimum side yard setback: 0 feet minimum rear yard setback: 0 feet D. Maximum height: 45 feet without a conditional use permit. (Ord. 31, October 25, 1979; Ord. 96, November 11, 1982; Ord. 117, April 28, 1983; Ord. 159, February 28, 1985; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 279, December 1, 1989; Ord. 377, July 7, 1994) SEC. 11.41. Reserved. • p.w twilled on 1996 1193 OP' CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to the Zoning Map -Rezone property from Highway Business (B1)to Central Business Zone (B3) DATE: December 18, 1997 INTRODUCTION At its November 6, 1997, meeting the Planning Commission closed the public hearing and tabled a decision regarding a request to rezone property in the south half of Block 1 and the north half of Block 26, Shakopee City Plat in order for staff to provide additional information regarding the parking in this area. DISCUSSION Please find attached, for your reference, a copy of the staff report dated November 6, 1997. At its November 6, meeting, the Commission expressed concern over the impact of the potential rezoning with respect to vehicular off- street parking. The B1 zone requires the provision of off-street parking spaces, while the B3 zone is exempt from the off-street parking requirements of the City Code. If the subject property were to be rezoned to B3, it appears that approximately seventy (70) off- street parking spaces that are currently provided in this area would no longer be required (staff will verify this number at the December 18, 1997, meeting). Therefore, at such time as the property within the subject area were to be redeveloped, the properties could utilize their existing parking areas for building area while not providing any additional off- street parking spaces. ALTERNATIVES 1. Recommend to the City Council the approval of the request to rezone the subject property to Central Business (B3)from Highway Business (B1). 2. Recommend to the City Council the denial of the request to rezone the subject property to Central Business(B3)from Highway Business (B1). ACTION REOUESTED Offer a motion to recommend to the City Council the approval or denial of the request to rezone the subject properties to Central Business District. R. Michael Leek Community Development Director i:\conundev\boaa-pc\1997\dec18\rezb3.doc t VPS 1 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to the Zoning Map-Rezone property from Highway Business (B-1)to Central Business Zone(B-3) MEETING DATE: November 6, 1997 Site Information: Applicant: City of Shakopee,Minnesota Site Location: The South half of Block 1 and the North half of Block 26, Shakopee City Plat, located on the East end of the"mini bypass" on C.R. 69/101 Current Zoning: Highway Business(B-1) Adjacent Zoning: North of the South half of Block 1: Agricultural Preservation(AG) South of the North half of Block 26: Highway Business(B-1) East: Highway Business(B-1) West: Central Business (B-3) Comprehensive Plan: Commercial MUSA: The site is within the MUSA boundary INTRODUCTION At its August 5, 1997, meeting the City Council directed that staff commence an action to rezone the above-described properties from Highway Business(B-1)to Central Business(B-3). Please see Exhibit A for the location of the subject area. Exhibits are attached as follows: Exhibit A,Zoning Map;Exhibit B, Comprehensive Land Use Map; Exhibit C, City Code Section 11.36,Highway Business(B-1)regulations;Exhibit D, City Code Section 11.40, Central Business Zone(B-3)regulations. CONSIDERATIONS 1. The Comprehensive Plan sets basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote IF the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by (. which the City implements the Comprehensive Plan. Exhibits C, and D provide a list of the uses,both permitted and conditional,that are allowed in the Highway Business(B-1) and Central Business Zone(B-3). 2. The Land Use Chapter of the 1995 Comprehensive Plan designated this area as"Commercial". The Comprehensive Land Use Plan serves as a general guide plan and is not designed to follow specific property lines and/or boundaries. The rezoning ft the site to"Central Business Zone would be in conformance with the 1995 Comprehensive Plan. FINDINGS The criteria required for the granting of a Zoning Map or text amendment are listed below with proposed findings for the Commission's consideration. Criteria#1 That the original Zoning Ordinance is in error; Finding #1 The original Zoning Ordinance is in error in that the subject properties were developed in a fashion more consistent with the development patterns in the Central Business Zone. Criteria#2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have not, as expressed in the Comprehensive Plan, taken place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 The opening of new STH 169 has had an impact on business and development along C.R. 69/101. The establishment of B-3 zoning on the subject properties would further the ability of businesses to successfully operate in the historic center of the City. Criteria#4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan identifies this area for commercial use. The Comprehensive Plan Land Use Plan serves as a guide plan for development of the City. Therefore,the request is in compliance with the land use plan in the 1995 Comprehensive Plan. ALTERNATIVES 1. Recommend to the City Council the approval of the request to rezone the subject property to Central Business(B-3)from Highway Business(B-1). 2. Recommend to the City Council the denial of the request to rezone the subject property to Central Business(B-3)from Highway Business(B-1). 3. Continue the public hearing and request additional information. ACTION REQUESTED: Offer a motion to recommend to the City Council the approval or denial of the request to rezone the subject properties to Central Business to Highway Business. R. Michael Leek Community Development Director is\commdev\boaa-pc\199'7\nov06\rezb3 ■w - •'- e>n _ 111.M I - , ;WW1r �, - nat v , 1 .ain-1" 474 VOI°11- ILA filli,-- IOW. S. will• � , as �. 7„ s ,s .ir ' � a .1 /ES -1 h i.1 11 - ._Ao s ,10.1 1_ 1 40 legit:Zig' - --- WO\ Illiii \Vim t* •1 •I (•l. .._•J ..s.. Oi S10. '•P. 'oiliEl :rli issosi lig ,'ii 6101'111011-1\---.•,;_%..• _ \ �,; As i ' s-• . 0 � vs" 011 i ;y ,alir gr. 'sore wars , .0 lop - 0 ......- flaillim /Olt .- \---- - CZ: 01191111.0r Val Wpilli..101 11:° % g Ys OIc" _ is ---:' - \A \ ...r'.,,,,Ti ' r.------2\\ P 111111:MIMI �� �l'Aill� 1.S i i 11tt bit A .- l N S t ` Pa irlria O' FRI a� 1f r.� • �WI op I. IrWcam1 0 .tea .v '- I �I s I �:in s't1 =.114f11ie= 14 " , - E .., , . 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' - ►�!�.•� j '\1 ,.1 . �i' ..,i , ; • i ►-_ HIL- '. - -, - I / N N ExHIeATG . § 11.36 SEC.11.36. HIGHWAY BUSINESS ZONE (B-1). Subd. 1. Purpose. The purpose of the highway business zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. Subd. 2. Permitted Uses. Within the highway business zone, no structure or land shall be used except for one or more of the following uses: A. motels and hotels; B. restaurants, class I; C. retail establishments; D. utility services; E. administrative, executive and professional offices; F. financial institutions; G. medical or dental clinics; or H. public buildings. Subd. 3. Conditional Uses. Within the highway business zone, no structure or land shall be used for the following uses except by conditional use permit: • A. taverns; B. churches; C. animal hospitals and veterinary clinics; D. open sales lots or any use having exterior storage of goods for sale; E. gas stations; F. restaurants, class II; G. private lodges and clubs; H. commercial recreation, major or minor, 1. bed and breakfast inns; J. uses having a drive-up or drive-through window; K. vehicle sales, service, or repair, including general repair, rebuilding or reconditioning of engines or vehicles, including body work, frame work and major painting service, ppp weed in 1996 1171 • § 11.36 replacement of any part or repair of any part, incidental body and fender work, painting or upholstering; !„ car washes; M. hospitals; N. theaters; • O. funeral homes; P. utility service structures; Q. day care facilities; • R. relocated structures; S. structures over 35 feet in height, T. developments containing more than one principal structure per lot; or U. retail centers; or V. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd.4. Permitted Accessory Uses. Within the highway business zone the following uses shall be permitted accessory uses: A. any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; D. decorative landscape features; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. d s 5 DesibeSconstructed orhus d, highway x eptyinusiness zone, no conforman a withnthehused, followingminimum structure shall requirements: A. Density: minimum lot area: (new lots): two acres (existing lots): 8,000 square feet maximum floor area ratio: .50 p.;.revised n 1996 1172 § 11.37 B. Maximum impervious surface percentage: 75% C. . Lot specifications: minimum lot width: (new lots): 100 feet (existing lots): 60 feet minimum front yard setback 30 feet • minimum side yard setback: 20 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zones: 75 feet D. Maximum height 35 feet without a conditional use permit. (Ord. 31, October 25, 1979; Ord. 150, October 4, 1984; Ord. 158, January 31, 1985; Ord. 159, February 28, 1985; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 275, September 22, 1989; Ord. 279, December 1, 1989; Ord. 292, September 7, 1990; Ord. 320, October 31, 1991; Ord. 377, July 7, 1994; Ord. 434, November 30, 1995) SEC. 11.37. Reserved. 1 i page mowed it 1996 1173 § 11.40 SEC. 11.40. CENTRAL BUSINESS ZONE (B-3). Subd 1 Purpose. The purpose of the central business zone is to provide a zone which accommodates the unique character of the central business area in terms of land uses and development patterns. Subd. 2. Permitted Uses. Within the central business zone, no structure or land shall be used except for one or more of the following uses: A. retail establishments; B. public buildings; C. medical or dental clinics; D. utility services; E. dwellings when combined with another permitted use; F. restaurants, class I; G. administrative, executive and professional offices; H. financial institutions; or I. hotels. Subd. 3. Conditional Uses. Within the central business zone, no structure or land shall be used for the following uses except by conditional use permit A. commercial recreation, minor, B. restaurants, class II; C. theaters; D. bus terminals and taxi stands; E. multiple-family dwellings; F. printing or publishing facilities; G. private lodges and clubs; H. parking facilities open to the public; animal hospitals and veterinary clinics; J. taverns; page mamma m 1996 1191 § 11.40 K. gas stations; L uses having a drive-up or drive-through window; M. bed and breakfast inns; N. funeral homes; 0. • utility service structures; P. day care facilities; Q. relocated structures; R. structures over 45 feet in height; S. developments containing more than one principal structure per lot; or T. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the central business zone the following uses shall be permitted accessory uses: A. any incidental repair or processing necessary to conduct a permitted principal use; B. private garages or off-street parking; C. temporary construction buildings; D. decorative landscape features; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. iness zone, o land shall be used, and no Subd 5 Design Standards' Within orthused, except central nusconformancen structure shall be constructedwith the following minimum requirements: A. Density: minimum lot area: 3,000 square feet maximum floor area ratio: 4.0 B. Maximum impervious surface percentage: 100% C. Lot specifications: minimum lot width: 20 feet pps grouted in 1996 1192 11.41 minimum front yard setback: 0 feet minimum side yard setback: 0 feet minimum rear yard setback: 0 feet D. Maximum height 45 feet without a conditional use permit (Ord. 31, October 25, 1979; Ord. 96, November 11, 1982; Ord. 117, April 28, 1983; Ord..159, February 28, 1985; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 279, December 1, 1989; Ord. 377, July 7, 1994) SEC.11.41. Reserved. pipe r.via.d in 1996 1193 1 Supplemental Memorandum CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to the Zoning Map-Rezone property from Highway Business (B-1)to Central Business Zone(B-3) MEETING DATE: December 18, 1997 INTRODUCTION: At its previous meeting on this issue,the Commission also discussed the impact on existing businesses, in terms of what is and would be permitted uses. Attached for the Commission's information are copies of the B-1 and B-3 regulations. Of the uses existing on the subject properties, it appears that one(the used car sales lot)would become a non-conforming use in the event the properties were re- zoned. In general,this would mean that the use could not be expanded or enlarged. The other uses in existence would continue to be permitted, and in fact could expand without requiring additional parking be provided. 717Z/et,— R.Michael Leek Community Development Director u,. , § 11 36 ,,_, SEC.11.36. HIGHWAY BUSINESS ZONE (B-1). : _.. Subd. 1. Purpose. The purpose of the highway business zone is to provide an area for business . t uses fronting on or with immediate access to arterial and collector streets. Subd. 2. Permitted Uses. Within the highway business zone, no structure or land shall be used except for one or more of the following uses: A. motels and hotels; B. restaurants, class I; �:. C. retail establishments; i D. utility services; - 1 E. administrative, executive and professional offices; F. financial institutions; G. medical or dental clinics; or H. public buildings. Subd. 3. Conditional Uses. Within the highway business zone, no structure or land shall be used for the following uses except by conditional use permit i A. taverns; B. churches; C. animal hospitals and veterinary clinics; D. open sales lots or any use having exterior storage of goods for sale; E. gas stations; i F. restaurants, class II; i G. private lodges and clubs; H. commercial recreation, major or minor, I. bed and breakfast inns; J. uses having a drive-up or drive-through window; K. vehicle sales, service, or repair, including general repair, rebuilding or reconditioning of engines or vehicles, including body work, frame work and major painting service, i 1 p.p.mooed in 1996 1171 1 ....sky j t.S $ 11.36 , - a,, replacement of any part or repair of any part, incidental body and fender work, , painting or upholstering, ; L car washes; M. hospitals; 21 N. theaters; 0. funeral homes; P. utility service structures; Q. day care facilities; R. relocated structures; S. structures over 35 feet in height, T. developments containing more than one principal structure per lot; or U. retail centers; or V. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd.4. Permitted Accessory Uses. Within the highway business zone the following uses shall be permitted accessory uses: A. any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; D. decorative landscape features; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the highway business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: minimum lot area: (new lots):Ace acrek _ (existing lots): 8,000 square feet maximum floor area ratio: .50 p.p nws66 n 1996 1172 � f 411 § 1137 B. Maximum impervious surface percentage: 75% C. Lot specifications: 4fi minimum lot width: (new lots): 100 feet TM (existing lots): 60 feet minimum front yard.setback 30 feet •• minimum side yard setback: 20 feet Fh„ minimum rear yard setback 30 feet . minimum side or rear yard setback from residential zones: 75 feet D. Maximum height 35 feet without a conditional use permit. (Ord. 31, October 25, 1979; Ord. 150, October 4, 1984;Ord. 158,January 31, 1985; Ord. 159, February 28, 1985; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 275, September 22, 1989; Ord. 279, December 1, 1989; Ord. 292, September 7, 1990; Ord. 320, October 31, 1991; Ord. 377, July 7, 1994; Ord. 434, November 30, 1995) SEC.11.37. Reserved. page mated n 1996 1173 § 11.40 SEC. 11A0. CENTRAL BUSINESS ZONE (B-3). '-'17. 0;krpa Subd I Purpose. The purpose of the central business zone is to provide a zone which accommodates the unique character of the central business area in terms of land uses and tktri development patterns. Subd. 2. Permitted Uses. Within the central business zone, no structure or land shall be used except for one or more of the following uses: A. retail establishments; B. public buildings; C. medical or dental clinics; D. utility services; E. dwellings when combined with another permitted use; F. restaurants, class I; G. administrative, executive and professional offices; H. financial institutions; or I. hotels. Subd. 3. Conditional Uses. Within the central business zone,no structure or land shall be used for the following uses except by conditional use permit A. commercial recreation, minor, B. restaurants, class II; C. theaters; D. • bus terminals and taxi stands; E. multiple-family dwellings; F. printing or publishing facilities; G. private lodges and clubs; H. parking facilities open to the public; I. animal hospitals and veterinary clinics; J. taverns; page revised in 1995 1191 § 11.40 ,',.::::'......,,,, K. gas stations; F ,ic L. uses having adrive-up or drive-through window; ; . M. bed and breakfast inns; - N. funeral homes; ;r �2 O. utility service structures; P. day care facilities; ,,1 :-'-:- Q. relocated structures; r: R. structures over 45 feet in height; 1 S. developments containing more thanone principal structure per lot; or T. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the central business zone the following uses shall be permitted accessory uses: l A. any incidental repair or processing necessary to conduct a permitted principal use; B. private garages or off-street parking; C. temporary construction buildings; I i D. decorative landscape features; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. - Subd. 5. Design Standards. Within the central business zone, no land shall be used, and no ' structure shall be constructed or used, except in conformance with the following minimum requirements: - -= 1 A. Density: minimum lot area: 3,000 square feet maximum floor area ratio: 4.0 B. Maximum impervious surface percentage: 100% C. Lot specifications: minimum lot width: 20 feet p.p rnvis.d in 1995 1192 § 11.41 minimum front yard setback 0 feet minimum side yard setback 0 feet minimum rear yard setback 0 feet D. Maximum height 45 feet without a conditional use permit. (Ord. 31, October 25, t 1979; Ord. 96, November 11, 1982; Ord. 117, April 28, 1983; Ord. 159, February 28,` 1985; Ord. 246, June 17, 1988;Ord. 264, .May 26, 1989; Ord. 279, December 1, 1989; Ord. 377, July 7, 1994) ttY SEC.11.41. Reserved. • 4 p.p*rovis.d in 1995 1193 City of Shakopee Page 3 Planning Commission December 18, 1997 Vote: Motion carried unanimously. 6. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO CHAPTER 11. THE ZONING CHAPTER. FOR A ZONING MAP AMENDMENT ZONING A PORTION OF BLOCK 1 AND 26, SHAKOPEE CITY PLAT FROM HIGHWAY BUSINESS (B-1) ZONE TO CENTRAL BUSINESS (B-3) ZONE. Mr. Leek discussed the rezoning request and issues associated with the need to rezone. He discussed uses in each zone. Peter Highum, 134 Main Street; discussed his concerns about the parking problems. Motion: Nummer/Meilleur moved to close the public hearing. Vote: Motion carried unanimously. Motion: Nummer/Willard moved to recommend to City Council denial of the request to rezone the subject properties to Central Business District. Vote: Motion carried unanimously. 7. PUBLIC HEARING (CONTINUED FROM 7/11/96): TO CONSIDER AN AMENDMENT TO CHAPTER 11, THE ZONING CHAPTER. FOR A TEXT AMENDMENT REGARDING ADULT ORIENTED BUSINESS Ms. Klima stated that staff is working with the City Attorney's office to prepare a draft ordinance regarding the regulation of adult establishments. Staff is requesting that the public hearing be continued to January 8, 1998, to allow additional time to prepare the draft ordinance. Motion: Mielleur/Mars offered a motion to continue the public hearing to January 8, 1998. Vote: Motion carried unanimously. 8. OTHER BUSINESS There was no other business. 9. ADJOURNMENT Chair Romansky adjourned the meeting at 9:30 p.m. is\commdev\minutes\1997\pc\pc 1218.doc Ac A. 1 . CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill,City Administrator • Greg Voxland,Finance Director From: Mark J.McQuillan,Parks and Recreation Director Subject: Community Center Projects Date: December 18, 1997 INTRODUCTION At the November 17, 1997,City Council Budget Workshop Meeting, Council directed staff to identify items that were left out of the community center project due to budget limitations. The Community Center Project Fund has a remaining fund balance of$83,000. The items which were dropped from consideration include a sign identifying the building, fencing for 3 ballfields, striped lanes on the walking/running track, a gymnastics training harness and frame, a rust prevention(primer and paint)for the ceiling of the ice arena, lobby furniture, and Racquetball/Handball Courts. BACKGROUND The following is a cost breakdown of items,which were left out of the community center project: RANKING Commutative Total 1. Building Sign $ 13,000 $13,000 2. Ballfield fencing $45,000 $58,000 3. Walking track striping $ 1,000 $59,000 4. Gymnastics harness/frame $ 6,000 $65,000 5. Paint ceiling of ice arena $ 14,000 $81,000 6. Catch boards by the seating area $ 6,000 $87,000 7. Lobby furniture $ 10,000 $97,000 8. Racquetball/Handball Courts(3 CTS) $350,000 $447,000 PRAB RECOMMENDATION The Parks and Recreation Advisory Board reviewed the proposed projects and concurred with staff's ranking of projects. Projects 6&7 could be pursued through the normal budgeting process for 1999. Project 8 could be funded through a bond referendum,TIF,private donations, or fees(repayment of a fund over 15 years). ACTION Move to authorize the appropiate City officials to seek proposals and/or bids for the community center's sign, fencing for 3 ballfields, striped lines on the walking track,gymnastics harness/frame,painting the ceiling of the ice arena and catch boards for the seating area of the ice arena. is• 6. CITY OF SHAKOPEE Memorandum CuiNOLI\IT TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Extension Agreement with WSB. Inc. for Seagate EAW MEETING DATE: January 6, 1998 ITEM NO.: INTRODUCTION: The proposed Seagate R&D facility at County Road 83 and STH 169 requires a mandatory environmental assessment worksheet (EAW). It is proposed that the City's engineering consultant, WSB, Inc., prepare the EAW. WSB has already done substantial work in the general area in connection with the EAWs for ADC Telecommunications and Park 2000 Southwest, both in Valley Green Business Park. Costs of the EAW preparation are to be reimbursed by Seagate. Alternatives: 1. Offer and pass a motion authorizing an extension agreement with WSB, Inc. for preparation of the EAW for Seagate. 2. Do not authorize the extension agreement. Table the matter for additional information or other reasons. Action Requested: Offer and pass a motion authorizing an extension agreement with WSB, Inc. for preparation of the EAW for Seagate. • CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Appointment of Eldon Reinke to the Suburban Transit Association Board of Directors MEETING DATE: January 6, 1998 ITEM NO.: INTRODUCTION: The City of Shakopee is a member of the Suburban Transit Association (STA). STA is a joint powers organization of providers of alternative transit service in the Metropolitan Area. The main purpose of the STA is to develop, propose and monitor legislation related to the provision of transit. Since joining the STA, Eldon Reinke has served as the City's representative to the Board of Directors. The Board of Directors currently meets 2 or 3 times a year. Mr. Reinke has expressed interest in continuing to serve in that capacity. During the past year, the author of this report has served as alternate to Mr. Reinke, as well as the City's representative to the STA Legislative Committee. Council is asked to name a representative and alternate to the STA for 1998. Alternatives: 1. Offer and pass a motion naming Eldon Reinke to the Board of Directors of the STA, and also naming the Community Development Director or his designee as alternate to the Board of Directors of STA. 2. Offer and pass a motion naming some other person to the Board of Directors of the STA, and also naming the Community Development Director or his designee as alternate to the Board of Directors of STA. 3. Table the matter for additional information or other reasons. Action Requested: A motion naming Eldon Reinke to the Board of Directors of the STA, and also naming the Community Development Director or his designee as alternate to the Board of Directors of STA. CITY OF SHAKOPEE CONSENT Memorandum .v.w.J TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Initiating the Vacation of a Portion of the Secretariat Drive Right-of-Way DATE: January 6, 1998 INTRODUCTION The attached Resolution No. 4815 sets a public hearing date to consider the vacation of right-of-way. The right-of-way proposed for vacation is a portion of the existing Secretariat Drive right-of-way. DISCUSSION The City has received a petition for the vacation of right-of-way from Jon Albinson of Valley Green Business Park. The attached resolution sets a public hearing for February 3, 1998. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for its consideration. ACTION REQUESTED Offer Resolution No. 4815, A Resolution Setting the Public Hearing Date to Consider the Vacation Of a Portion of the Secretariat Drive Right-of-Way, and move its adoption. / / ulie Klima Planner II i:\commdev\cc\1998\cc0106\vacphvgr.doc RESOLUTION NO. 4815 A RESOLUTION SETTING TILE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A PORTION OF THE SECRETARIAT DRIVE RIGHT-OF-WAY WHEREAS, it has been made to appear to the Shakopee City Council that a portion of the Secretariat Drive right-of-way, City of Shakopee, County of Scott, State of Minnesota, serves no public use or interest; and W H EREAS, 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 3rd day of February, 1998, at 7:00 P.M. or thereafter, on the matter of vacating a portion of the Secretariat Drive right-of-way, 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 , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Initiating the Vacation of Easements in Canterbury Park 2nd and Canterbury Park 4th Additions DATE: January 6, 1998 INTRODUCTION The attached Resolution No. 4816 sets a public hearing date to consider the vacation of easements. The easements proposed for vacation are located within the plats of Canterbury Park 2nd Addition and Canterbury Park 4th Addition. DISCUSSION The City has received a petition for the vacation of easements from Jon Albinson of Valley Green Business Park. The attached resolution sets a public hearing for February 3, 1998. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission,will be presented to the City Council for its consideration. ACTION REQUESTED Offer Resolution No. 4816, A Resolution Setting the Public Hearing Date to Consider the Vacation Of Easements within Canterbury Park 2nd Addition and Canterbury Park 4th Addition, and move its adoption. Julie Klima Planner II i:\commdev\cc\1998\cc0106\vacphvge.doc RESOLUTION NO. 4816 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF EASEMENTS WITHIN CANTERBURY PARK 2ND ADDITION AND CANTERBURY PARK 4TH ADDITION WHEREAS, it has been made to appear to the Shakopee City Council that easements within Canterbury Park 2nd Addition and Canterbury Park 4th 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 3rd day of February, 1998, at 7:00 P.M. or thereafter, on the matter of vacating easements within Canterbury Park 2nd Addition and Canterbury Park 4th 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 , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 S. Holmes Street Shakopee,MN 55379 CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Initiating the Vacation of Easements in Timber Trails DATE: January 6, 1998 INTRODUCTION The attached Resolution No. 4817 sets a public hearing date to consider the vacation of easements. The easement proposed for vacation is located between Lots 5 and 6,Block 4, Timber Trails. DISCUSSION The City has received a petition for the vacation of easements from Todd Maxwell and Dean Bohn. The attached resolution sets a public hearing for February 3, 1998. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission,will be presented to the City Council for its consideration. ACTION REQUESTED Offer Resolution No. 4817, A Resolution Setting the Public Hearing Date to Consider the Vacation Of Easements within Timber Trails, and move its adoption. - #00 u ie lima Planner II i:\commdev\cc\1998\cc0106\vacphttr.doc RESOLUTION NO. 4817 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF EASEMENTS WITHIN TIMBER TRAILS WHEREAS, it has been made to appear to the Shakopee City Council that easements dedicated with Timber Trails, 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 '1'13E CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that a hearing be held in the Council Chambers on the 3rd day of February, 1998, at 7:00 P.M. or thereafter, on the matter of vacating easements within Timber Trails, 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 , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 S; a hi CITY OF SHAKOPEE Memorandum COA'c'VV E TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Resolution Supporting Legislative Funding of the Data Collection and Assessment Plan Developed by the Southwest Metro Ground Water Work Group MEETING DATE: January 6, 1998 ITEM NO.: INTRODUCTION: Since April of 1997, the author of this report has participated in the Southwest Metro Ground Water Work Group (Work Group), as has Lou Van Hout on behalf of Shakopee Public Utilities Commission(SPUC). The Work Group was convened by the Metropolitan Council to address several issues, including 1)the long-term supply of ground water in northern Scott County and 2)the impact of increasing ground water appropriations for new development on such environmental features as the Savage Fen, Boiling Springs and Eagle Creek. The Work Group has spent a great deal of time identifying existing data and additional data which is needed to understand the hydrology of this area and develop a long-term ground water management plan. It is the intent of the Work Group to seek funding for the plan from the Legislature. Participating cities, agencies and groups are being asked to go on record in support of such funding. Alternatives: 1. Offer and pass Resolution No. 4820, A Resolution of the City of Shakopee, Minnesota, Supporting Continued City Staff Participation in the Southwest Metro Work Group, and Legislative Funding of the Data Collection and Monitoring Plan Proposed by the Southwest Metro Work Group, 2. Do not pass Resolution No. 4820. 3. Table the matter for additional information or other reasons. Action Requested: Offer and pass Resolution No. 4820, A Resolution of the City of Shakopee, Minnesota, Supporting Continued City Staff Participation in the Southwest Metro Work Group, and Legislative Funding of the Data Collection and Monitoring Plan. RESOLUTION NO.4820 A Resolution of the City of Shakopee,Minnesota, Supporting Continued City Staff Participation in the Southwest Metro Work Group, and Legislative Funding of the Data Collection and Monitoring Plan WHEREAS,the Minnesota Department of Natural Resources has legislative authority to protect water resources in the State of Minnesota; and WHEREAS,the Department of Natural Resources has determined that additional withdrawals of groundwater from the Prairie du Chien-Jordan aquifer in northeastern Scott County must be restricted to protect certain natural resource features; and WHEREAS, appropriation of water from the Mt. Simon-Hinckley aquifer is restricted by State Statute; and WHEREAS, The Southwest Metro Groundwater Work Group, including the cities of Burnsville, Lakeville, Prior Lake, Savage and Shakopee, the Shakopee Mdewakanton Sioux Community, Scott and Dakota Counties, the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency, the Minnesota Department of Health, The United States Geological Survey and the Metropolitan Council have convened to develop a strategy to ensure the long-term availability of water supply to support forecasted growth while protecting natural resources; and WHEREAS, participants in the Southwest Metro Groundwater Work Group agree that existing groundwater modeling and data collection efforts done in northern Scott County should be expanded and improved upon in accordance with the data collection and assessment plan prepared by the Southwest Metro Groundwater Work Group, to position the Group to manage the groundwater resources of the area in a sustainable way; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the City of Shakopee supports the data collection and assessment plan effort by offering continued staff participation in the Southwest Metro Groundwater Work Group, and by joining with other Southwest Metro Groundwater Work Group participants in seeking legislative financing for implementation of the plan. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this day of , 1998. Jon Brekke Mayor of the City of Shakopee Attest: Judith S. Cox, City Clerk 1 3, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Transit Management Contract MEETING DATE: January 6, 1998 ITEM: INTRODUCTION: At its December 16, 1997, meeting the Council reviewed a joint management proposal from Southwest Metro Transit Commission(SMTC), Laidlaw Transit Services, Inc. (Laidlaw) and George Bentley & Associates. The Council tabled that matter and directed that staff explore other options for providing transit services. SMTC, Laidlaw and Mr. Bentley have indicated to staff that they would put their proposal on hold while the City reviews transit options. Staff is currently proceeding with that direction. However, while the Consultant Agreement with SMTC is automatically renewing, the addendum to that agreement (i.e. Exhibit A) contains hourly rates for dial a ride services that were only in effect until December 31, 1997. Thus, there is a need to negotiate and agree to a rate for 1998. The rate proposed by Laidlaw is $31.07 per hour. Laidlaw has indicated that the proposed increase in hourly rate is the result of basically 2 factors; 1) increased labor costs, and 2) increased costs to serve the City as the Cityhasand development has moved further out. e grown p In order to ensure that the Council preserves its options for future transit decisions, the agreement could be limited to one year with a 30-day cancellation clause, similar to the consultant agreement Alternatives: 1. Offer and pass a motion directing the appropriate persons to draft and execute a one- year agreement with SMTC containing a 30-day termination clause, and setting forth the specific hourly rates for transit services. 2. Offer and pass a motion directing the appropriate persons to draft and execute an agreement with revisions as proposed by Council. 3. Do not accept the management proposal. 4. Table the matter. Action Requested: Offer and pass a motion directing the appropriate persons to draft and execute a one-year agreement with SMTC containing a 30-day termination clause, and setting forth the specific hourly rates for transit services. 0 „7"3:::::52 R. Michael Leek Community Development Director 1 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Transit Management Proposal MEETING DATE: December 16, 1997 ITEM: INTRODUCTION: On January 16, 1996, the City of Shakopee entered into a"consulting contract" with Southwest Metro Transit Commission (SMTC) for the provision of transit services. A copy of this agreement is attached for the Council's information. The agreement provides for automatic renewal on an annual basis. Among other things, the agreement provides for payment of up to $360,800.00 to SMTC for transit services. It also provides for a yearly payment to SMTC of 10% (up to $36,080.00)of the yearly compensation for the purpose of"administrative coordination." This is defined in Exhibit A to the agreement, and includes the following; • Provide and manage computerized dispatch system and phone services • • Liaison to service providers • Monitor service to increase efficiencies—recommend improvements and changes • Provide customer service information to Shakopee residents who call SMTC • Receive, investigate, and resolve customer complaints and comments • Review provider invoices for accuracy • Coordinate design and production of schedules, discount coupons and cards, and other printed material relating to standard services • Assist with the design and format of reports to Metropolitan Council • Keep City of Shakopee current on related regional issues and policy changes. Initially, staff discussed and received proposals for provision of services and management assistance from SMTC, Laidlaw Transit Services and G. C. Bentley Assoc., Inc. The total management fee under the proposal presented would be $39,000.00. The proposal provides for staging of increases in hourly rates for transit service through the year 2002. The rate for 1998 would be $31.07 per hour, up from just under$29.00 per hour currently. Rates currently paid by other Metropolitan Area transit providers currently range up to $38.00 per hour. Staff believes that the proposal as outlined will provide improved performance, as well as greater flexibility in dealing with changing transit needs. Alternatives: 1. Offer and pass a motion accepting the management proposal as presented and directing staff to proceed with negotiations for the specific agreements with SMTC and George Bentley& Associates, Inc. 2. Offer and pass a motion accepting the management proposal with changes, and directing staff to proceed with negotiations for the specific agreements with SMTC and George Bentley& Associates, Inc. 3. Do not accept the management proposal. 4. Table the matter for additional information or other reasons. Action Requested: Offer and pass a motion accepting the management proposal as presented and directing staff to proceed with negotiations for the specific agreements with SMTC and George Bentley & Associates, Inc. CONSULTING CONTRACT ,t . . THIS CONTRACT, made and entered into this day of January, 1996, by and between the City of Shakopee, a municipal corporation of a State of Minnesota, hereinafter referred to as the "City" with offices at 129 South Holmes Street, Shakopee, Minnesota, and Southwest Metro Transit Commission, hereinafter referred to as the "Consultant" with offices at 8080 Mitchell Road, Suite 104, Eden Prairie, MN 55344. WITNESSETH: THAT, WHEREAS, the City of Shakopee desires to engage the Consultant to provide shuttle transit service described in more detail in Exhibit A; and WHEREAS, the Consultant made certain representations and statements to the City with respect to the provision of such services as set forth on Exhibit A 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 performthe 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. Such directives and changes shall be effective only when in written form and prepared and approved by the office of the City Administrator and 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 1 be subcontracted without the written approval of the City provided however City acknowledges that Consultant subcontracts for the delivery of transit services and dispatch operations with third parties and City's execution of this Agreement constitutes its written approval of elected h or parties as are sby subcontracts on a continuing basis with whatever third party Consultant. 5. Term. The terms of the Agreement shall commence on September 1, 1994 and end on December 31, 1996 and shall be undertaken and completed thecontract, but inuence as to assure any event, all of their expeditious completion in the light of the purposes of the services required hereunder shall be completed as set forth in the schedule for the project which is attached hereto as Exhibit A. This agreement shall automatically be renewed e dnoalty upon expiration of the initial term unless notice of termination is given thirty (30) days prior o the end of the term in any given year. 6. Pay. The City agrees to pay the Consultant in accordance with the terms set forth in Exhibit A, which shall constitute complete compensation no vnt will theltotallces to be rendered under compensation to be paid this contract. It is expressly understood that to the Consultant under the terms of this contract exceed the sum of$360,800.00 per year for all services required unless specifically and mutually agreed to in writing by both the City and the Consultant. Except as hereinafter provided, 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. A change that increases or decreases the cost of the work by more than 5% shall be considered substantial and significant. In addition to the compensation to be paid to Consultant as set forth on Exhibit A, City shall pay an administrative fee of 10% of the yearly compensation for the purpose of "administrative coordination" as identified on Exhibit A. Payments for compensation and administrative coordination shall be made monthly and payments shall be due on or before the fifth day of each month. The total compensation to be paid as set forth in Exhibit A may be increased by Consultant if the fees it pays to its subcontractors for the delivery of transit it service and operations are increased from the rates in effect on dispatch September 26, 1994. In the event the rates paid by Consultant to its subcontractors increase, the Pto the t equal be increased bya percentage percent this a Bement shall compensation under gr bcontr actors. ns ant b its su rates y increase incharged Consultant „ For purposes of determining any future rate increases, Consultant currently subcontracts l Transit Operations for express transit routes and with National Bus Council with the Metropolitan Co P ns. The rates charged operations.routes, Dial-A-Ride services, and dispatchp rou , Company forexpress bY the subcontractors to Consultant are listed in Exhibit A. th n 7. Termination. Either party may without cause terminated documents,contact upon studies, (30) days prior written notice. In such event, all finished or unfinished surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Consultant under this contract shall, at the option of the City, become its property, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above,neither party shall 2 be relieved of liability to thu other for damages sustained by the othe, party by virtue of any such breach of the contract by the other party. 8. Change of Service. In the event the City desires to change the transit services provided to transit customers under this agreement, or terminate any of the services provided hereunder, the City shall be responsible for all advertising costs associated with contacting and informing all transit customers of all such changes and or terminations provided, however, the City may request that Consultant contact and inform transit customers of changes or terminations so long as the parties have agreed upon additional compensation for such services prior to Consultant being obligated to perform that service. 9. 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. 10. Assignment. The Consultant shall not assign or transfer any interest in this contract, without prior written consent of the City thereto. 11. Confidentiality. The public release of all reports,data or similar information given to or prepared or assembled by the Consultant under this contract shall be governed by Minnesota Statutes Chapter 13.01 to 13.99. 12. 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. 13. 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. 14. 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. 15. 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. 16. Liability. Consultant shall maintain insurance coverage with responsible insurance companies licensed to do business in the State of Minnesota in such amount for comprehensive 3 general public liability or sim insurance. The Consultant shall funis" `o the City upon written request, full information and written evidence as to � maintained wee to annua lY provide In addition, Consultant shall name City as an additional City with evidence of insurance naming City as an additional insured. 17. Notices. All notices required or permittedae� er and required to be Consultant at the address showwritinn may be given by first class mail addressed to the City above. The date of delivery of any notice shall be the date falling on the second full day after the day of its mailing. 18. Jurisdiction. This contact and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. 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'nr••r`. ni.M n • . :.WetivY.'�: 1fe. �.'rrrr` y:r f.f:rti By: Southwest Metro Transit 8080 Mitchell Road Suite 104 Eden Prairie, MN 55344 (612) 949-8544 Laldiaw Transit Services, Inc. 3400 Spring Street N.E. Minneapolis, MN 55413 (612) 378-7833 G.C. Bentley Assoc., Inc. 14292 Golf View Drive Eden Prairie, MN 55346 (612) 937-3502 GC BENTLEY HSSUI. ICL IYU •V 1 G rrryr. • • • • .. • .... w.r r. r• ; %•;; ri:'Y:r............... .!:...•..r• ..~•' r '•• :•�.rr .r.•.:.... • w 0 .. . , PROPOSAL CONCEPT G.C. Bentley Assoc., Inc., Southwest Metro Transit and Laidlaw Transit Services, Inc. propose to provide transit management services for the Shakopee Area Transit system through a coordinated and cumpi ehensive management approach. This approach provides distinct advantages for the City of Shtlk opet:: • 'J otal system management and oversight • System operations • Budget preparation and monitoring • Financial and statistical preparation and reporting • Liaison with the Metropolitan Council Through this concept Shakopee will benefit from in-place dispatch capabilities, vehicle storage and maintenance, customer service, route planning, budget preparation, ongoing expense monitoring, assistance with transit policy development and implementation, and communications. DIVISION OF DUTIES Specific management and operations capabilities of G.C. Bentley Assoc., Inc., Southwest Metro Transit and l.aidlaw Transit Services, Inc. arc meshed together in this proposal to provide compatible and non- duplicative services. Duties would be performed as follows: Laidlaw Transit Service.% • Service'. Laidlaw Transit Services (L'1'S) would operate the Dial-A-Ride and 53S Express services through a contract with Southwest Metro Transit. Shakopee would execute a new agreement with Southwest Metro Transit for these services. • Computerized Dispatching: I.TS operates the computerized dispatch center at the Southwest Metro 'transit offices in Eden Prairie. This dispatch center utilizes the most advanced system on the market providing the ability to maximize ridership and serve as many customers as possible. I • Staffing: I:IS would provide all staffing for vehicle operations, dispatching, call taking, customer Scrvice, vehicle maintenance, and driver safety and training. LTS is currently providing Dial-A-Ride and 53S services to Shakopee, and the drivers and support personnel know the Shakopee area and system service needs. • Vehicle Maintenance: All Dial-A-Ride and 53S vehicles would be maintained by experienced LTS personnel. • Vehicles: Vehicles for Dial-A-Ride would be provided by LTS as needed and agreed to as part of the operations agreement. All vehicles would be safe and reliable, providing maximum comfort to passengers. LTS would also provide technical assistance to Shakopee in the upcoming process of bidding for three new Dial-A-Ride vehicles with funding provided by the Metropolitan Council and would operate and maintain those vehicles when they are delivered. • Safely and Service: LTS has the resources available to meet the needs of Shakopee with a focus on customer service and safety. Sou rh west Metro Transit • Performance Monitoring: Southwest Metro Transit (SMI) owns the computerized phone system used by LTS for call taking and customer service. This phone system provides advanced management tools to dramatically reduce long waiting times for callers. SMT would provide backup stalling capabilities to support the dispatch and customer service capabilities of LTS. • Operations and Vehicle Oversight: SMT would provide ongoing operations oversight for Dial-A- Ride and 535 services. Oversight would also be provided to ensure vehicle quality, vehicle cleanliness and on-time performance. • Vehicles: SMT currently provides and would continue to provide the vehicle operating the 53S route for morning and afternoon commuter service. This proposal would provide Shakopee with the extensive vehicle backup capability of SMT in the event of vehicle breakdowns or other problems. • Vehicle Storage: The Shakopee Dial-A-Ride vehicles and the 53S vehicle are currently stored and maintained in the SMT garage in Eden Prairie. Although the current garage facility will have to be abandoned next year to make room for new T.H. 212 construction, SMT and LTS will continue to provide vehicle storage and maintenance in a relocated garage facility through this proposal. • Dispatch: SM'1 owns the computerized dispatch hardware and software that currently is used for Shakopee Dial-A-Ride services. Access to that dispatch equipment would be maintained through this proposal. • Service Monitoring: Service monitoring would be provided jointly between SMT and G C. Bentley Assoc. This would ensure ongoing service quality. • Customer Service: SMT would provide an ongoing lost and found, service information, and the fielding of customer complaints and service problems. • Yield Supervision: SMT staff would provide continuing field supervision of Dial-A-Ride and 53S cnrvices • Service Planning and Marketing: SMT can assist with new service planning and marketing for the Shakopee Area Transit system. SMT can also assist with schedule design. • Service Coordination: SMT provides extensive services in Eden Prairie, Chanhassen and Chaska. Through this proposal Shakopee Area Transit can continue to benefit from these connections for commute! services, Ievease commute and SMT shuttles. 2 171. DGIV i �.t •.••••• •• G. Bentley/Issue. Inc. • Broad System Administrative Oversight: G.C. Bentley Assoc., Inc. (GCB) would assist Shakopee staff in providing overall administrative system oversight, including oversight of Vanpool services. Services would include help in assuring the smooth delivery of day-to-day transit operations, providing periodic system monitoring(in conjunction with SMT), working with contracted service providers and the City to ensure contract compliance and system efficiencies, and to serve as a liaison with the Metropolitan Council and other agencies to help achieve transit operational goals, to provide input toward regional transit policy development, to help gain approval of City transit requests and to help assure transit operations financial and operational integrity. • Management Plan and Budget: (3013 would prepare the annual Management Plan and Budget for transit operations, and would help achieve Metropolitan Council approval. • Statistical Reporting: CiCB would work with City staff in preparing monthly financial reports, budget reports, service efficiency reports and would help ensure compliance with Metropolitan Council and City reporting requirements. • Local Levy Option: GCB would work with City staff in the annual review of the Local Levy Option and in determining the appropriate course of action for the City to take each year. • Service Planning and Marketing: GCB would work with City staff and with SMT in the development and implementation of transit service planning and transit marketing programs. • Planning GCB would work with City staff in developing new transit service plans and in identifying long term transit system needs. This would include identification and planning for service enhancements, preparation of RFPs as necessary, assistance in new service implementation, assistance in developing long term system operations and capital development needs (including planning for park &ride lots, vehicles and support facilities), assistance in identifying and procuring funding for long term operations and capital needs, and assistance in the development of local transit policies. • Communications: GC13 would provide ongoing communications with City staff, the City Council and any advisory boards and committees as needed. GCB would also develop a customer communication program, including rider alerts and periodic newsletters. In addition, GCB would provide ongoing communications regarding regional transit.activities. FEES FOR SERVICE This proposal provides for ongoing operations and management services for the Shakopee Area Transit system, with fees for service as outlined below: Laidlaw Transit Services., Inc. Service Period Cost per Service Hour Agreement date - 8/31/98 $31.07 9/1/98 - 8/31/99 $32.16 9/1/99 - 8/31/00 $33.28 9/1/00 - 8/31/01 $34.45 9/1/U1 - 8/31/02 $35.65 A fixed monthly vehicle capital charge would also be assessed for LIS vehicles used for service. 3 UL N I LG SOUth west Metro Transit Management fcc: $2,000 per month($24,000 annually) for 1998, to be renegotiated annually. G.(; Ben.tIcy Assoc., inc. Management fee: $1,250 per month($15,000 annually)for 1998, to be renegotiated annually. IMPLEMENTATION Services outlined in this proposal would be implemented via an executed agreement with Southwest Metro'transit and the City of Shakopee for the Southwest Metro Transit services and the Laidlaw Transit operations services. A separate letter of agreement would be executed between the City of Shakopee and Ci.C. Bentley Assoc., Inc. Since the current agreement with Southwest Metro Transit has expired, a new agreement should be executed is soon as possible. CONCLUSION Southwest Metro Transit, Laidlaw Transit Services, inc. and G.C. Bentley Assoc., Inc. appreciate the opportunity to present this proposal to the City of Shakopee. We believe the comprehensive and coordinated system management. and operations outlined in this proposal will provide the City of Shakopee and it residents and businesses an experienced, capable and affordable management team approach for the Shakopee Area Transit System. If you have any questions please let us know. Len Simich John Mathews George Bentley Executive Director District Manager President Southwest Metro Transit Laidlaw Transit Services, Inc. O.C. Bentley Assoc., Inc. 4 EXHIBIT A -(4 `G ' t Addendum to Consulting Contract between City of Shakopee and Southwest Metro Transit Commission L SERVICE TYPE: Commuter Shuttle Service Features: • Service between Shakopee and the Eden Prairie Center • Bus connections to downtown Minneapolis,the Mall of America Transit Hub,the Southdale Transit Hub,and Hennepin Technical College are available at the Eden Prairie Center • Operates Monday through Friday excluding Holidays • Two morning trips that focus on 7:30 and 8:00AM work starts in downtown Minneapolis • Two afternoon trips that focus on 4:30 and 5:00PM work stops in downtown Minneapolis Service Cost: (hourly rate excluding revenue credit) • September 1994 - July 1995: $130.43 hr. Excludes Public Vehicle Capital Service operated by MCTO Daily Cost is approx. $140. Annual Cost is approx. $36,400 • August 1995 -December 1996: $33.64/hr. Vehicle Capital does not apply Service operated by National School Bus using SMTC owned vehicles Daily Cost is approx. $80 Annual Cost is approx. $20,800 Service Period: Initial project period is September 1994-December 1996 Service Locations: Existing parking lot at 2nd Avenue and Lewis St. Future Opportunities: • Add non-peak time shuttle trips • Connections to Normandale Community College • Reverse Commute service via connections with SMTC routes • Expanded service connections to Bloomington and MN Valley Transit Authority service area II. SERVICE TYPE: Dial-A-Ride Service Features: • Demand Responsive (reservation required)transit-address to address • Operates Monday through Friday 6:30AM-8:30PM,Saturdays 9:00AM- 1:00PM excluding Holidays 5 EXHIBIT A (continued) Service Cost: (hourly rate excluding revenue credit) • April 1995 -September 1995: $22.15/hr. ($25.00/hr.for lift equipped bus) Capital Cost=$2130/month. Weekly Cost is approx. $4,640 Total annual cost is approx. $267,000 • November 1995 -December 1996: $28.93/hr. (revised Driver's Benefit Package) Capital Cost is approx. $3,000/month Weekly Cost is approx. $5,825 Total annual cost is approx. $340,000 Service Period: Initial project period is April 1994 through December 1996 Service Locations: Operates within the boundaries of the City of Shakopee Future Opportunities: Expand connections to SMTC Dial-A-Ride III. ADMINISTRATION OF SERVICE Southwest Metro Transit would assist the City of Shakopee in the management and coordination of transit operations. SMTC would bill the City of Shakopee for out-of-pocket expenses and direct service costs plus a fee for administrative coordination. The administrative fee is calculated at 10% times the service provider's operating and capital service cost,excluding revenue credit. Copies of provider invoices and ridership data are to be attached to monthly invoice(s)from SMTC. Administrative coordination services are to include: • Provide and manage computerized dispatch system and phone services • Liaison to service providers • Monitor service to increase efficiencies-recommend improvements and changes • Provide customer service information to Shakopee residents who call SMTC • Receive,investigate, and resolve customer complaints and comments (documentation to be provided to City of Shakopee) • Review provider invoices for accuracy • Coordinate design and production of schedules,discount coupons&cards, and other printed material relating to standard services • Assist with design and format of reports to Metropolitan Council • Keep City of Shakopee current on related regional issues and policy changes 6 �s /3, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Dial A Ride Focus Group Recommendations MEETING DATE: January 6, 1998 ITEM: INTRODUCTION: On December 9, 1997, as directed by the City Council, a focus group was held to discuss the issue young children on Dial A Ride vans. The group met for 4+ hours. Peter Cotton facilitated the session. The members of the focus group were; • Kathy Kottke, Laidlaw Transit Services, Inc. • Mary Blatzheim, Shakopee Child Learning Center • June Holmgren, a parent whose child rides Dial A Ride • Carolyn Jaskinia, Little Stars Preschool • Wendy Edberg, a parent whose children ride Dial A Ride • R. Michael Leek, City of Shakopee DISCUSSION: The group came to consensus on two sets of recommendations. First,the group agreed that a children-only bus service would address the issue. Kathy Kottke pointed out that the vehicles used for such a service would have to Meet State of Minnesota school bus standards. The group did not make a recommendation whether Laidlaw or some other provider should provide the service. The group's second set of recommendations assumed that children would continue to use the existing service. The specific guidelines recommended by the group, as well as sanctions for violating the guidelines are set forth below. The group further recommended that these guidelines be published by Shakopee Area Transit (SAT), and that they be distributed through day cares, pre-schools and schools at the beginning of the year. • Children under the age of 9 years must be accompanied to the door of the van for pick-ups and met at drop-offs by a person who is at least 12 years of age. State licensed day cares may apply for and granted an exemption from this requirement. First violation would result in suspension of use of Dial A Ride for one month; second violation would result in suspension for the rest of the school year. • Any rider under the age of 9 years must display tags clearly stating the destination to the driver. • In the case where a child under the age of 9 years is not met at a drop-off point as set forth above, after one hour of riding on a Dial A Ride van, the child will be left with the Shakopee Police Department. • First failure to provide proper fare will result in a warning; second failure to provide proper fare will result in suspension of use of Dial A Ride for one month; third violation would result in suspension for six months. • Cancellations of rides should be received at least 24 hours in advance. • If a Dial A Ride van arrives outside of its scheduled arrival "window" and the rider is not present, it will not be counted as a no show. • Three"no-shows" in a row or in a week would result in suspension of use of Dial A Ride for one month; the next occurrence of three"no-shows" would result in suspension for six months. • If a person is validly designated a"no-show" and calls for a ride after being "no- showed", he or she will pay both the fares for the"no-show" and the second ride. Alternatives: 1. Offer and pass a motion accepting the recommendation to establish a children-only bus service and directing staff to seek proposals for service. 2. Do not accept the recommendation of a children only bus. 3. Offer and pass a motion accepting the proposed guidelines for use of the existing Dial A Ride service by children under the age of 9 years as presented or with modifications, and establishing a start date. 4. Do not accept the proposed guidelines. 5. Table the matter for additional information or other reasons. Action Requested: Direction from Council regarding the focus group recommendations. - Y0 /-•-_ -..,‘110'..'..---- R. Michael Leek Community Development Director 15. 0 CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council City Administrator, Mark McNeill FROM: Tom Steininger, Chief of Police SUBJECT: $10,150 Grant DATE: December 30, 1997 INTRODUCTION: The Police Department is requesting Council approval to accept a$10,150 Grant from the Minnesota Auto Theft Prevention Program(MATPP). BACKGROUND: Recently, the Police Department was awarded an auto theft prevention and community education grant in the amount of$10,150. The grant is to be administered through the Minnesota Auto Theft Prevention Program. No local match dollars are required. The purpose of the grant is to address the increased number of auto thefts and to educate citizens in auto theft prevention techniques at the community level. Shakopee's grant funds will be applied toward the utilization of technology and the development of local media resources. Specifically, some of the grant funds will be applied toward the lease of a newer model automobile which will be equipped with a GPS system then used as a"bait car" for car thieves. Other grant funds will be directed toward the production of a one- half hour cable access program addressing crime prevention techniques citizens may use to lessen the chances their vehicle be prowled or stolen. Neither effort will result in excessive use of patrol resources. In order for the Police Department to receive the grant, the attached Resolution Authorizing the Execution of the Agreement must be passed. Upon receipt of this resolution, the Minnesota Auto Theft Prevention Program will begin distributing the funds. ALTERNATIVES: 1. Accept the grant. 2. Do not accept the grant. RECOMMENDATION: Alternative#1. ACTION REQUESTED: Offer and pass resolution#4818 authorizing the appropriate city officials to enter a agrrement with the Minnesota Auto Theft Prevention Program from January 1, 1998 through July 1, 1998. RESOLUTION NO. 4818 A RESOLUTION OF THE SHAKOPEE CITY COUNCIL AUTHORIZING APPLICATION FOR A$10,150 GRANT FOR THE MINNESOTA AUTO THEFT PREVENTION PROGRAM WHEREAS, the Minnesota Legislature passed legislation in 1996 creating the Auto Theft Prevention Program(MATPP); and WHEREAS,the Legislature established the Minnesota Auto Theft Prevention Board, which will make grant funds available annually to support the purposes of the legislation; and WHEREAS,the purpose of this legislation is to reduce motor vehicle theft and its consequences in the State of Minnesota by funding programs which aid in the identification of critical issues, education and awareness, investigation and prosecution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: 1. That the appropriate City officials are hereby authorized and directed to submit a formal application for a$10,150 grant for Minnesota Auto Theft Prevention Program. 2. That the City Council agrees to stipulations set forth in the grant application materials. 3. That the appropriate City officials shall complete, review and submit all relevant materials before the deadline stated in the application. Adopted in regular session of the City Council of the City of Shakopee, Minnesota,held this 6th day of January, 1998. Mayor of the City of Shakopee ATTEST: City Clerk • ATTACHMENT C Minnesota Auto Theft Prevention Program ( MATPP ) Grant Application SECTION 1 : APPLICANT INFORMATION Type of Governmental Agency or Organization: State ❑ County ❑ City ❑X Private Non-Profit ❑ Private for Profit❑ Name of Agency or Organization: Shakopee Police Department Agency Address: 476 Gorman Street City: Shakopee County: Scott State: MN Zip: 55379 Federal Identification Number: Total MATPP Budget Request: 41-6005539 $10, 150. 00 Project Title, if applicable: Geographical Area Applicable to Grant Project: (identify statewide, county, city or other) City of Shakopee, surrounding Scott County Other Agencies Participating in the Project: (If a multi-agency project, attach letters of confirmation by all entities) Form AT:OI Rev. 8/97 -1- Section 2: Certification/Signatures - I acknowledge that I have read, understand and agree to the conditions set forth in the application and supporting materials and that the information I and supplying in this application is true, complete and correct. Type Name and Title of Project Director: (Project Director is the primary contact person for all aspects of the grant) Tom Steininger, Chief of Police ��✓�, �� ..1/ ,,�,, �� 10-31-97 (NAME) (SIGNATURE) (DATE) (612) 445-6666 (612) 445-6666 Telephone Number (Director's) Fax Number (Director's) Type Name and Title of Financial Officer: Gregg Voxland, Finance Director �/� �•.�� 11-03-97 (NAME) (SIGNATURE) (DATE) Type Name and Title of Authority Official: (Person authorized to enter into a formal agreement) Mark McNeill, City Administrator 10-31-97 (NAME) (SIGNATURE) (DATE) Form AT:01 -2- Section 3. Current and Proposed Auto Theft Prevention Responsibilities - For each of the auto theft reduction strategies and activities listed below, check whether they are current efforts undertaken by your agency. Then check the activities and strategies that are proposed for MATPP grant-funding. Check all activities and strategies that apply. STRATEGIES AND CURRENT LEVEL OF EFFORT PROPOSED FOR ACTIVITIES (NOT MATPP FUNDED) (MATTP GRANT) MULTI-AGENCY INVOLVEMENT Multiple Law Enforcement X Agencies Prosecutors Insurance Industry Businesses Community Groups Other Pro-Active Efforts Decoy Operations X Chop Shop Identification Investigations, Long Term X Investigations, Short Term X Other Crime Analysis Identify Trends & Methods Develop Profiles Identify High Risk Areas X & Vehicles Identify Repeat Offenders X Other Public Education & Awareness Prevention Seminars Presentations to Schools Advertising Campaigns X Other Training Development Programs X Law Enforcement Officers Prosecutors Other Form AT-01 -3- SECTION 4. Grant Purpose and Description - Provide a summary description of the project that is to be funded by the MATPP. Briefly describe the grant objectives and the grant-funded strategies and activities that will be implemented to achieve the objectives. Describe how the project meets priorities established by the MATPP , if applicable. Use additional space if needed. The City of Shakopee has experienced a 77. 5% increase in reported auto thefts over the past 45 months. The police department has increased it's human resources over the same period of time. We remain reactive to auto thefts. We hope to become proactive with the use of the equipment requested and produce a decrease in reported auto thefts by increasing arrests and prosecution. The additional arrest information should provide a profile of auto thieves working in our jurisdiction and neighboring jurisdictions. The bait car and GPS tracking equipment will be used in residential and commercial areas addressing a broad range of potential victims and suspects. It is only right that proactive enforcement be coupled with proactive prevention. We hope to design and print or buy existing auto theft prevention literature and distribute same at community events. In an effort to complete the package we have proposed the local production of a television program for local cable broadcast which would address auto theft prevention and other crime prevention techniques applicable to our community needs. We believe the proactive enforcement coupled with proactive prevention will help us reduce our reported auto thefts over a 24 month period of time by 50%. Form AT:OI -4- Section 5. - Statement of Need and Current Staff Part A. Describe the specific problem or deficiency that is to be corrected. Document the need by providing the source of the statistical data, and include both numbers and percentages. Statistical data should correspond to the geographical project area described in Section 1 . Do not exceed the space provided. The Shakopee Police Department has experienced a 77 . 5-% increase in reported auto thefts over the past 45 months, going from 44 in 1994 , to 78 in 1996. We have experienced 62 for the first nine months of 1997 . 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W *0 rt H rt rt Fi cD H. 0 rt b 0 G to O O 0' n O W to n (D �' r1 K 4 '< W - n rt CD O a Fi rt (n (D r- 0' (n O Cl) (n rt n r- r• C) O (n rt rt O• r� 1'0rt 0' W (n 0 W rt O < rh a (D a fi ti CD b' rt rt 0 O (n (D H- W 5 P3 O thH n a rt 1'00rh H 1""33 a O rt (D H- O rt H- n rt rt r- O rt w 0 0 G b' I-i rt 0' O C) O I-- D b O • rf C) H W W 0 (D 1-h H b' O I-i (n x 0' N aa0 w0 O 1-1 rt. •D H Cn brt' P30 2 F-' O r- (D O fi H- (D 0' 5 h< 1--8‘.4 000 $1) 01 0 0 b W (D (n II H n • A 0 (n b' (n On 11 C) (D 0 W H rt W W rr (D r- rt O W a (n I-� 0 0 rI• (n W O 0 n • (D NN O H NG rt Cu m fi wa w0" a 0 H- HO < 11 • 0 (D (D (D • On PROJECT SUMMARY The purpose of the MATPP grant is to reduce the number of reported auto thefts and to educate citizens in auto theft prevention techniques in our community. PROJECT OVERVIEW The City of Shakopee experienced a 77.5% increase in reported auto thefts over the past 45 months. Review of department statistics reveal an increase from 44 reported auto thefts in 1994 to 78 in 1996. The first nine months of 1997 show 62 reported auto thefts. Shakopee's numbers are reflective of an upward trend in reported auto thefts in the State. The Minnesota Legislature recognized this rising crime statistic and responded by establishing the Minnesota Auto Theft Prevention Program(MATPP). MATPP is authorized to award grants to local jurisdictions with the intent the funds be used to address auto theft on a local level while educating community members in auto theft prevention techniques. Shakopee applied for such a grant during late October of 1997. We received verbal confirmation of the grant award in December of 1997. The attached copy of Shakopee's grant application provides as good an overview of the project as can be explained. Our proposal minimizes demand on human resources while using technology to reduce criminal behavior within our community. The proposal also addresses the issue of displacement. Our plan is to loan our"bait vehicle" to adjoining jurisdictions over the next several months so as not to create an adverse impact on their reported incidents of auto theft. Using department talent and local cable access facilities we will produce a video which will provide auto tampering and theft prevention techniques. The MATTP Director has already expressed interest in the possibility of using our video in other communities. PROJECT EVALUATION Through this project we hope to reduce the reported number of auto thefts by 50% over the next 24 months. We believe this is an attainable goal because the funds associated with grant allow the department to become proactive instead of reactive. liE. l. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for On Sale Liquor Licenses AFFC, Inc. D.B.A. Arnie' s Friendly Folks Club DATE: December 31, 1997 INTRODUCTION AND BACKGROUND: The City has received an application for on sale and Sunday intoxicating liquor licenses from AFFC, Inc. D.B.A. Arnie' s Friendly Folks Club located at 122 East 1st Avenue. The application is in order. The customary background investigation has been conducted on the sole owner, Kurt Zarth, and I have been advised that nothing was found to preclude the issuance of the licenses. I have been provided a certificate of insurance evidencing the required liquor liability coverage. A correction is required and I am awaiting receipt of a new certificate. The license will not be delivered until an acceptable certificate is submitted. RECOMMENDED ACTION: Approve the applications and grant on sale and Sunday intoxicating liquor licenses to AFFC, Inc. D.B.A. Arnie' s Friendly Folks Club at 122 East 1st Avenue, upon surrender of the existing licenses issued to Corp-Tool Inc. d/b/a Arnie' s Friendly Folks Club. (Lot:4, d 4( C' Clerk CITY OF SHAKOPEE Memorandum TO: Judy Cox, City Clerk FROM: Tom Steininger, Chief of Police SUBJECT: Background Investigation DATE: December 30, 1997 Detective Lawrence conducted a background investigation into the application for a liquor license submitted by Kurt Allan Zarth and found nothing to preclude issuing the license as requested. 15", E . I • REVISED CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for On Sale Liquor Licenses AFFC, Inc. D.B.A. Arnie' s Friendly Folks Club DATE: January 6, 1997 This is an up date to the December 31, 1997 memo regarding the applications of AFFC for on sale and Sunday on sale intoxicating liquor licenses. The applicant has now provided evidence of the required liquor liability insurance. RECOMMENDED ACTION: Approve the applications and grant on sale and Sunday intoxicating liquor licenses to AFFC, Inc. D.B.A. Arnie' s Friendly Folks Club at 122 East 1st Avenue, upon surrender of the existing licenses issued to Corp-Tool Inc. d/b/a Arnie' s Friendly Folks Club. 1#* Ojj• l6": CITY OF SHAKOPEE Memorandum_ TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Off Sale 3 .2 Percent Malt Liquor License - Speedway/SuperAmerica DATE: December 31, 1997 INTRODUCTION: The City has received an application from Speedway/SuperAmerica LLC for an off sale 3 .2 percent malt liquor license. BACKGROUND: The SuperAmerica store in Shakopee currently holds an off sale beer license. Effective January 1, the company holding the license is merging with another company and forming a joint venture company called Speedway SuperAmerica LLC. Pursuant to the Shakopee City Code, Speedway SuperAmerica LLC has made application for a license under their name. They have provided the required information and documentation of liquor liability insurance. Their application is in order for City Council consideration. RECOMMENDED ACTION: Approve the application and grant an off sale 3 .2 percent malt liquor license to Speedway SuperAmerica LLC, 1155 East First Avenue, upon surrender of the existing license issued to SuperAmerica Group, a Division of Ashland Inc. (fluoibl--1, . . 0)6 Fitlf Clerk SuperAmerica Group Accounting Department 3460 Blazer Parkway Lexington, KY 40509 I 4ERARICA. December 12, 1997 CITY OF SHAKOPEE 129 HOLMES STREET SO SHAKOPEE,MN 55379 Re: Transfer of license/certificate/permit issued to Ashland Inc.dba SuperAmerica to speedway SuperAmerica LLC,a joint venture company by Marathon Oil Company and Ashland Inc. Dear Sir or Madam: This letter concerns tc status license/certificate/permit Ashland ba SuperAmerica. You are receiving this letter becauseSA's records show that your agency has issued a /permit t the SA store(s)located on the attached list. Ashland Inc.is in the process of forming a joint venture company with Marathon Oil Company. Part of the joint venture will be a new retail company called Speedway SuperAmerica LLC,which will own or lease and operate all SuperAmerica stores. The assets of SuperAmerica will be transferred to Speedway 1 1998. erica LLC. We anticipate Speedway SuperAmerica LLC will be conducting business starting January After January 1, 1998,Ashland Inc.will hold 38%ownership and Marathon Oil Company will hold 62% ownership in Speedway SuperAmerica LLC. The purpose of this letter is to request the appropriate forms and/or instructions to have all licenses/ certificates/permits transferred or reissued in the name of Speedway SuperAmerica LLC.As stated above,it is desired to have these licenses/certificates/permits transferred or reissued by January 1, 1998. Please direct all replies to this letter to the address below . Please return original or a copy of this letter with your reply. SuperAmerica Group 3460 Blazer Parkway Lexington,KY 40509 Attn: Sandy Herald Please direct all questions to me at(606)357-2003. Thank you for your prompt attention to is matter. , JKIA4- Sandy ��raid Attachment AN ASHLAND INC. COMPANY 16: . 3 CITY OF SxaxOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: American Legion Post 2 DATE: December 31, 1997 INTRODUCTION AND BACKGROUND: The American Legion is applying for the renewal of their premises permit for the sale of pull-tabs at 1266 East 1st Avenue. The permit will ultimately be issued by the State Gambling Control Board. When application is made, the Board requires that the local unit of government pass a resolution specifically approving or denying the application. Although the American Legion has not provided me with recent copies of their monthly reports, I am confident that they are in compliance with the City Code requirement that they expend 75% of their expenditures for lawful purposes on lawful purposes conducted or located within the city' s trade area. (I will be in touch with them to remind them that they are required to submit monthly reports to the City. ) RECOMMENDED ACTION: Offer Resolution No. 4821, A Resolution Approving Premises Permit for American Legion Post 2, and move its adoption. Jhzdith S. Cox City Clerk h:/judy\licenses\premises RESOLUTION NO. 4821 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING PREMISES PERMIT FOR AMERICAN LEGION POST#2 WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permits; and WHEREAS, the American Legion Post #2 is seeking Premises Permit for the site at the American Legion Post#2, 1266 East 1st Avenue, Shakopee,Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: That the Premises Permit for the American Legion Post #2 at 1266 East 1st Avenue, Shakopee,Minnesota is hereby approved. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE 15: L. y, Memorandum TO: CONSENT Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Refuse Collection Contract Amendment DATE: December 29, 1997 INTRODUCTION: The Council is asked to amend the contract with WMI, to provide for the change in garbage pickup and recyclying rates to take effect February 1, 1998,rather than January 15th. BACKGROUND: In November,the Council officially approved a new three year contract with Waste Management Inc. (WMI) for garbage and recycling pickup. Also approved at that time was a transfer in billing responsibilities from SPUC, to WMI. Since that time, representatives from WMI, SPUC, and the City have met to discuss details in the change over of billing. WMI will bill on a quarterly basis,but rather than having it on a calendar basis(which would then be sent out at the same time that water bills are received by SPUC customers), WMI will begin billing in February, and run every three months thereafter. This schedule creates a problem, in that the new rates,reflecting payment for higher State taxes, would be off by two weeks. If the rate changes stay as previously set, SPUC would have to adjust its final billing for those two weeks, which would be difficult to do. After examining several alternatives, it makes the most sense for the new rates to take effect February 1st, to coincide with the new billing by WMI. To do this,the current contract would have to be revised. BUDGET IMPACT: There will be approximately $1200 due to be paid to the State in the form of new taxes that need to be generated, which would otherwise be charged to garbage customers starting with their January 15th billing. After some negotiation, we are recommending that WMI and the City split this, with the City's $600 share to come from the refuse fund. The year end balance in this account is approximately $30,000. RECOMMENDATION: We recommend that the attached amendment be approved,thus making new rate changes effective February 1, 1998. y' ,, i > .. I ACTION REQUIRED: If the Council concurs, it should, by motion, approve the"Refuse Collection Contract Amendment A to Addendum No. 4"by and between Waste Management, Inc., and the City of Shakopee. IllAa 014 Mark McNeill City Administrator MM:tw CC: Deb Osgood, WMI Gregg Voxland, Finance Director Barb Menden, SPUC REFUSE COLLECTION CONTRACT AMENDMENT A TO ADDENDUM NO. 4 THIS AGREEMENT, made and entered into this 6th day of January, 1998, 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, MN 55379, and Waste Management- Savage, with offices at 12448 Pennsylvania Avenue South, Savage, MN 55378, hereinafter referred to as the "Hauler". WHEREAS, on November 18, 1997,the City and the Hauler entered into Addendum No. 4 to this Contract, extending the contract an additional three year period, as provided for in paragraph 5 of the Contract, beginning on January 15, 1998 and extending through January 14, 2001; and WHEREAS,paragraph 5 of the addendum provides for new charges to be billed by the Hauler to the residents of the City; and WHEREAS,the billing cycle of the City ends on January 14, 1998 and the billing cycle of the Hauler begins on February 1, 1998; and WHEREAS,the City and the Hauler desire to have the Hauler's new rates and billing take effect on February 1, 1998, to match the Hauler's billing cycle; NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Hauler that paragraph 5 of the Addendum No. 4 shall be amended to read as follows: 5. That Exhibit A to the Refuse Collection Contract between the City and the Hauler is hereby amended by deleting all the language under CIIARGES and replacing it with the following new language: The Hauler will bill the single family dwellings, duplexes, and triplexes in the refuse/recycling services included in this contract in accordance with the charges approved by the City Council and set forth below. The Hauler will bill each unit at least every three months and no frequently than every month. The Hauler will be responsible for collecting all charges from each unit and may not hold the City responsible for any uncollectable charges. The Hauler may stop providing refuse and recycling services to any unit that has past-due charges of 90 days or more until such time as the unit submits payment to the Hauler. The Hauler will mail a past-due notice to all units with a past due balance of at least 60 days prior to stopping service after 90 days. 1. Beginning February 1, 1998,the contract rates for regular pickup shall be $8.90 per month for 32 gallon refuse service, $9.70 month for 64 gallon refuse service, $10.50 per month for 96 gallon refuse service, $2.75 per month for recycling service and$1.18 per month for billing service (to be added to the refuse service fee). The recycling service shall apply to every resident,regardless of the level of refuse service, and may not be removed from the charges pursuant to Minnesota Statutes. 2. Should disposal tipping rates increase or decrease by more than 10% from the November 12, 1997 rate of$41.00 per ton,the parties agree to reopen the contract to negotiate revised refuse fees. This contract provision may not be renegotiated more often than at six month intervals. 3. The Contract price shall be adjusted on February 1 of each remaining year of the Contract, as amended,beginning on February 1, 1999. The price shall be adjusted in accordance with the Consumer Price Index for all Urban Consumers (CPI-U), issued as of January 1 of that year by the United States Department of Labor. Executed the day and year first above written. WASTE MANAGEMENT CITY OF SHAKOPEE, MINNESOTA By By Region President Mayor By City Administrator By City Clerk is. E. 5 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Excess Fire Station Property DATE: December 30, 1997 INTRODUCTION: The Council is asked to give direction as to disposition of the 9.95 acres of property adjacent to the fire station site, owned by the City. BACKGROUND: In 1995, the City purchased 14.51 acres of land along Vierling Drive, south of County Road 16. The westerly portion of that site is the location for the new fire station, currently under construction. The remainder of the site, 9.95 acres,was directed by Council to be advertised for sale. The Council wanted a sales price to be established that would recoup the City's investment in the site. After factoring in purchase price, and outstanding assessments, an asking price of$325,000 was established. This availability was advertised, and prospective bidders were asked to return proposals to City Hall by November 24, 1997. However, as of the submittal date, no proposals were received. Subsequently, staff began negotiations with parties who had expressed an interest, but hadn't submitted proposals. As discussions evolved, it appeared that that asking price was high, when combined with the amount needed to grade the site. There is excess dirt on the property, which reduces considerably the amount of developable space, if the existing contours are to remain in place. The prospective buyers have each focused on being able to do something with the dirt, if the City's asking price was met. Five prospects investigated the site; at this time,two have submitted purchase agreements; a third still might be interested, but it would involve a rezoning for high density (in excess of 110 rental apartments on the site). SUBMITTALS: Evergreen Real Estate Development Corporation The summary is contained in the attached"Evergreen Heights Townhomes"description. This would be a 68 unit rental townhome development which would be developed, and assumes the availability of State of Minnesota Low Income Housing Tax Credits. While the term "low income"is assigned to the tax credits,the developer, Greg McClenahan,notes that the use is actually to benefit working families. Depending upon family size, households must have between$20,000, and $35,000 annual income. Also on site, along County Road 16, would be a daycare facility with a capacity for 75 children. Preference would be given to residents of the site for child care. That zoning district currently allows daycare facilities as a conditional use,but not to the capacity proposed. Access from CR 16 may also be an issue. This project would be done in conjunction with the Scott County Housing and Redevelopment Authority. The SCHRA and this developer have done another development similar to this in Savage. The attached photocopies of pictures are of an Evergreen development in Eagan. Specifics: Evergreen proposes to buy the site for$325,000, with a closing on or before October 1, 1998. Before the closing, however, they specify that they would have the ability to work with others to grade and remove dirt from the site. According to their calculations,the elevation could be reduced so that a berm would be in place between the 169 by-pass, and residential portion. Depending upon the final topography approved by the City, as much as 180,000 yards of dirt could be removed, by their calculations. This is considerably more than the City's initial estimate of 50,000 to 80,000 cubic yards of excess material. As shown in the development agreement, should the project not be approved (if, for example, it failed to receive the State of Minnesota Tax Credits),they would have no responsibility for restoring the site to its original grade. They note that it would still improve the site, by making it more developable for subsequent projects. That is an issue which needs to be resolved. Although there is the October 1 date specified for closing, the developer would probably know by the end of May as to whether he was successful in receiving the tax credits. If tax credits did not get awarded, the proposal would be void. Special assessments, amounting to just under$40,000, would be the responsibility of the City. The development would be built in two stages, with 34 units each in 1998-99, and the remaining 34 units by the year 2000. In each phase, the Scott County HRA would own six of the units, which would be made available for participants in the Metropolitan Housing Opportunity Program. Taxes would be paid on the units owned by Evergreen, but at a reduced rate as low income housing,rather than the full market rate of 2.9%for pay 98. Assuming the project is classified as low income by the MHFA,the building would be taxed at 2.0%, and the land at 2.9%. The building goes to 1.0%after pay 98. For the ultimate 12 units owned by the Scott County IIRA, payment in lieu of taxes would be made. Note that the application for low income tax credits must demonstrate control of the land(a letter will suffice) by the time that the low income tax credit application deadline comes about on February 12, 1998. James F. Johnson Development Mr. Johnson proposes to do a market rate development, with between 80 and 88 units of rental 4- plex townhomes. Mr. Johnson is a local developer, and has provided pictures of a development which would be similar to this, which has been completed in the City of Rockford, MN. Specifics: In the attached purchase agreement, Mr. Johnson agrees to the City's asking price of$325,000 on. a purchase agreement format provided by the City. The seller(City)would also be responsible for special assessments. He would pay taxes at the full market rate. DISCUSSION: One of the major issues which needs to be addressed by Council is the dirt on the site. It is evident that to the developers,the dirt is a liability. It is much more developable with the site graded. The question is, who will grade it, and at what cost? An adjacent development is interested in the dirt, and would provide a finished graded site, but is not interested in paying for the dirt in addition to the cost of removing it. Assuming that the Council is comfortable with the concept of letting the developers remove the dirt,the other major question boils down to what is the most appropriate end use. Mr. Johnson's development is a market rate development, and would be similar to a number of other units in Shakopee. It would pay full taxes. The Evergreen proposal focuses on working families, which,when tied to the number of new jobs being generated in the adjacent Valley Green Business Park, may be seen as a positive when factoring in the City's participation in the Livable Cities Program. Assuming that the City does wish to provide assisted housing for working families,this site would be one of the better ones in Shakopee, at least in terms of possible reactions by neighboring properties - it is bordered on one side by the fire station, on two sides by major roads, and has only one immediate residential neighbor adjacent to it on the remaining side. The final alternative would be to do nothing with the site now; as noted in previous Council discussion,the City will be in need of future space for City facilities as it grows; it is unlikely that the price of land will go down. However, it was anticipated that this property would be sold, and proceeds from which would replenish the Capital Improvements Fund. RECOMMENDATION: The previous direction from Council has been to work with the Scott County HRA, and that has been our focus. Assuming that affordable housing is a goal of the City,this would be a good site. We recommend that the City Council direct staff to continue to work with the developer of the Evergreen Real Estate Company with their proposal. If Council prefers the market rate development proposal of Mr. Johnson, it should so indicate. ACTION REQUIRED: Council should give direction as to its preference on the proposals for the excess fire station site. /144 c‘fl- IT)C Mark McNeill City Administrator MM:tw EVERGREEN HEIGHTS TOWNHOMES Introduction EverGreen Heights will be a 68-unit rental townhome development (built in two equal phases) located south of Vierling Street, near the intersection of Vierling and County Road 16 in Shakopee, Minnesota. Fifty-six units will be financed by federal tax credits and state- sponsored financing. The other twelve units will be owned by Scott County HRA and operated as public housing. The development is designed to provide housing to three, four and five-person families with incomes between $20,000 and $35,000, for whom there are more limited housing alternatives. There also will be an on-site daycare facility, primarily for residents to promote working opportunities for resident parents. The multi-family use is buffered from adjacent properties by major roadways and a firestation. The proposed site plan and architectural and landscaping features provide single-family identity, visual appeal, community atmosphere and outdoor recreational and leisure opportunities. Physical Development The development will consist of 68 two-story, side-by-side townhomes, which will be built in two phases of 34 units. Each 34-unit phase will have 2 handicap-accessible units and 6 Scott County HRA units. There will be a resident manager/caretaker. Each phase will have 9 buildings containing a mix of 14 two-bedroom unites, 17 three-bedroom units, and 3 four- bedroom units. Each townhome will have an attached, oversized single car garage and a private surface parking area. Sixteen additional general parking areas will be provided. Unit density will be less than 7 per acre. The exterior will be clad in steel siding of contemporary colors. The building front ground level will be brick. The units will have natural gas, forced air heat and central air conditioning. All units will have standard kitchen appliances, plus dishwasher. Washer and dryer hook-ups will be provided in each unit. A seperate dining area will be provided. Each unit will have a half bathroom downstairs and a compartmentalized, full bathroom upstairs. Tenants will pay gas and electric utilities. The owner will provide garbage service and water and sewer. A 75-child-capacity, day care facility/community center will be located in a stand-alone building with access off Vierling. The center will provide child care to residents at below- market rates if the care services facilitate the parents' employment. The facility will make excess capacity available to the public. A community room will also be located in the building and be available for resident use and large group functions. Site amenities will include several age-appropriate play areas, several open picnic areas and one outdoor picnic shelter with all areas (including the day care facility) connected by hard GAM-179015.1 surface walkways. The ground will be appropriately enhanced by schrubs, deciduous and evergreen trees, perennial and annual flowering plants and landscaping medium. Location The development is located on approximately 10 acres of open land, which rises 30-40 feet on the north, south and east sides from surrounding land. The site is bounded on the south by the Highway 169 bypass, on the west by the new Shakopee firestation, on the east by County Road 16 and proposed industrial uses and on the north by Vierling Street. The location permits immediate access to Highway 169 and the metropolitan freeway system. Tenant Profile Prospective tenant households' incomes must fall below the following limits: Household size Income 2 $27,480 - 3 $30,960 4 $34,380 5 $37,140 6 $39,900 Maximum rents, exclusive of tenant-paid utilities, are as follows: 2 Bedroom Unit $571 3 Bedroom Unit $658 4 Bedroom Unit $726 Tenants must also satisfy background checks regarding criminal activity and credit and landlord-tenant history. The development is conceived to provide affordable housing opportunities for low and moderate income families. Tenants may continue to live at EverGreen Heights Townhomes after their incomes exceed the initial income guidelines, but it is anticipated many tenant households will move up to single-family homes in Shakopee and the surrounding area. GAM-179015.1 I. L kik I % 4J Y > • N'-1 17 -;•''.• _. ....• .. - . • { yY. 1 I I C II 1 I. I.:4 itx16lilL di fes I lift- 1� Ii I! �.— I I v .5i .111 177 /1 I i 7 1111111 CiC ' :: I' !g�I I I'-` 11 Il"'- !fit . .,,,, j . '} i �" : : ��i,u G - :nig 1`1 irM'lu 4- 4■nisei i'`—,-, [5 tI 1. N t 1' :r:• 1 1 t. 7 1 1 0. t 1 � 1 ! r '711 . i. IIS 1 li�.��1I R `+ 111P-itM, .'..-‘. 'I /\II 9 I - i ,- ; , .. �I 4I r , I ,,,,,:,.,, - --st r, �y . I vi. WU. AM JACOBSON.ARCHITECTS • 2305 DRANO AVENUE SO. MINNEAPOLIS,MN 55405 SAVAGE TOWNHOMES II 612/871-6386 JANUARY 28, 1997 SITE AREA 5 ACRES • PROJECT SIZE 36 UNITS DENSITY 7.2 UNITS/ACRE DWELLING UNITS TYP. 2BR UNITS TOTAL UNITS 16 1ST FLOOR - A 532 SF 1ST FLOOR - B 352 2ND FLOOR-=A -- --- - 532 ---- TOTAL AREA 1,416 GARAGE -264 DWELLING AREA 1,152 SF TYP. 3BR UNITS TOTAL UNITS 18 1ST FLOOR - A 532 SF 1ST FLOOR - B 352 2ND FLOOR - A 532 2ND FLOOR .-R . B 154 TOTAL.AREA 1,570 GARAGE - -264 DWELLING AREA 1,304 SF HCP. 3BR UNITS TOTAL UNITS 2 1ST FLOOR -'A 532 SF - - - 1ST FLOOR - B 616 2ND FLOOR - A 532 TOTAL AREA 1,680 GARAGE - -264 DWELLING AREA 1,416 SF 4 ,r, a i • 0.. j i (_ (J ;. 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';::i:::}4:! v.!.}:;}j.}�r :r ti v 4:4\\:;�� �sv CL:f�'�S ./; ••;ir::ry: )}�•:a•x /.!.rr.•.:}:.*.:,:..;.:..-.:.;:v.....:...:4.::.:.:%.`.•4 ::f }, :�:}�•Y•;f.' }r:s:`r:*:)::'%:..1/:.:y.;,✓•.it \:.':�:'}\}•s4•�.... • • {3 1;4 •Y •r:v tii •: :•r. r:\.it)i v ••} { 1'' j. x.l•f•: 12/31/97 WED 11:53 FAX 6128311869 JOHNSON&LONDON 01002 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") is made as of January 6, 1998, between EverGreen Heights, LLC, a Minnesota limited liability corporation (hereinafter "Seller") and City of Shakopee, a Minnesota municipality (hereinafter "Buyer"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the real property located in City of Shakopee, Scott County, Minnesota generally described as approximately 10 acres located south of Vierling Avenue, and east of the new fire house site, together with all easements and rights benefiting or appurtenant to same (hereinafter, the "Property"). Seller and Buyer will execute an amendment to this Agreement specifying the exact property to be transferred within 10 days after Buyer's receipt of a survey of the Property as provided herein. If Seller and Buyer cannot so agree on the description of the property to be transferred hereby, either party may cancel this Agreement by giving written notice to the other of such cancellation and all Earnest Money' (as hereinafter defined) shall thereafter be returned to Buyer. 2. Purchase Price and Manner of Payment. The total purchase price ("Purchase Price") to be paid for the Property shall be $325,000. The Purchase Price shall be payable as follows: 2.1 $2,000 as earnest money ("Earnest Money") paid concurrently with the execution of this Agreement, which Earnest Money shall be held by Seller's attorney; and 2.2 the remainder of the Purchase Price in cash or by wire transfer of funds on the Closing Date. 3. Buyer's Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: 3.1 Title. Title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 8 below. 3.2 Access and Inspection. Seller shall have allowedBuyl err, a i Buyer's reasonable agents,the acess to the Real Property without charge at purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing, shall restore the Property, and shall hold Seller and the Property harmless from all claims, costs and liabilities relating to Buyer's investigation and testing activities. Buyer shall have been satisfied, on or before the Contingency Date (as hereinafter defined) with the results of all tests and investigations performed by it or on its behalf. Buyer will provide Seller with copies of all soil tests, environmental reports, surveys, engineering reports and other information obtained by Buyer with respect to the Property. Buyer and his agents shall also have access to the property for preclosing excavation as referenced in paragraph 4. 12/31/97 WED 11:53 FAX 6128311869 JOHNSON&CONDON 2003 3.3 Government Approvals. Buyer shall have obtained tacppt and rovals expense on or before the Contingency Date all governmental necessary in Buyer's judgment in order to make the use of the Property for a rental townhome development. Seller shall cooperate in all reasonable respects with Buyer in obtaining such approvals, and shall execute such applications, permits and other documents as may be reasonably required in connection therewith; provided that Seller shall not be required to expend any money in so cooperating. 3.4 Financing. Buyer shall have received on or before the Contingency Date such federal tax credits and/or mortgage financing commitments as Buyer deems necessary and sufficient to implement Buyer's plans for and to complete the purchase of the Property. 3.5 Site Excavation. Buyer shall have accomplished or arranged for sufficient soil removal so as to permit satisfactory access and site lay out of the proposed townhome development. The "Contingency Date" shall be June 30, 1998. If any contingency has not: been satisfied on or before the Contingency Date or the Closing Date, as the case may be, then this Agreement may be terminated by notice from Buyer to Seller, which notice shall be given not more than 5 days after the Contingency Date or Closing Date as the case may be. Upon termination, the Earnest Money, and any interest accrued thereon, shall be returned to Buyer and neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies are specifically for the benefit of the Buyer, and the Buyer shall have the right to waive any contingency by written notice to Seller. 4. Preclosing Excavation. At any time prior to closing, Buyer and Seller (upon Seller's notice to and with approval of Buyer) may permit the removal of fill dirt from the property and associated excavation. Any such removal shall be coordinated by Buyer so as to be consistent with site preparation all either proposedrade have made contxame rtual arrangements ment. In the event closing does not occur, y for the grading of the excavated site to developable condition. 5. Property Documentation. If Seller delivers to Buyer copies of any documentation in Seller's possession pertaining to the Property, Buyer shall keep all such documentation and the information contained therein strictly confidential and shall not disclose the same without the prior written consent of Seller. If this Agreement is terminated in any manner so that the Closing does not occur, Buyer will, immediately upon any such termination, return all copies of the documentation delivered to it by Seller and Buyer shall retain no copies of the same. 6. Closin . The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on or before October 1, 1998 (the "Closing Date"). The Closing shall take place at deliver place ossession of the Property toe of day as ler Buye on the Closing Date. Buyer mutually agree upon. Seller agrees to p 2 12/31/97 WED 11:54 FAX 6128311869 JOHNSON&CONDON fJOO4 6.1 Seller's Closing Documents. On the Closing Date, Seller shall execute and deliver to Buyer the following (collectively, "Seller's Closing Documents"), all in form and content reasonably satisfactory to Buyer: 6.1.1 Deed.A Warranty Deed conveying the Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. 6.1.2 Owner's Duplicate Certificates of Title. The owner's duplicate certificates of title for the Property, if the Property is registered land. 6.1.3 Well Certificate. A Certificate sufficient to certify abandonment of any existing wells consistent with applicable laws and rules. 6.1.4 Other Documents. All other documents reasonably determined by Buyer or Title Company to be necessary to transfer the Property to Buyer free and clear of all encumbrances. 6.2 Buyer's Closing Documents. On the Closing Date, Buyer will execute and deliver to Seller the following (collectively, "Buyer's Closing Documents"): 6.2.1 Purchase Price. Funds representing the Purchase Price, by wire transfer and execution or delivery of any required Seller's financing documents. 7. Prorations. Seller and Buyer agree to the following pro-rations and allocation of costs regarding this Agreement: 7.1 Title Insurajice and Closing Fee. Seller will pay all costs of the Title Commitment. Buyer will pay all additional premiums required for the issuance of any owner's or mortgagee's title insurance policy. Seller and Buyer will each pay one-half of any closing fee or charge imposed by any closing agent or by the title company. 7.2 Deed Tax. Seller shall pay all State Deed Tax payable in connection with this transaction. Buyer shall pay all Mortgage Registry Tax payable in connection with Buyer's financing. 7.3 Real Estate Taxes and Special Assessments. Real Estate Taxes payable in the year in which Closing occurs shall be prorated. Special Assessments levied or pending prior to closing shall be paid by Seller. 7.4 Attorney's Fees. Each of the parties will pay its own attorney's fees, except that a party defaulting under this Agreement or any Closing Document will pay the reasonable attorney's fees and court costs incurred by the nondefaulting party to enforce its rights hereunder. 3 12/31/97 WED 11:54 FAX 6128311869 JOHNSON&CONDON 0005 8. Title Examination. Title Examination will be conducted as follows: 8.1 Seller's Title Evidence. Seller shall, within 20 days after the date of this Agreement, furnish to Buyer a commitment ("Title Commitment") for an ALTA Form B 1990 Owner's Policy of Title Insurance insuring title to the Property, deleting standard exceptions, in the amount of the Purchase Price. 8.2 Buyer's Objections. Within 45 business days after receiving the Title Commitment, Buyer will make written objections ("Objections") to the form and/or contents thereof. Buyer's failure to make Objections within such time period shall not constitute waiver of the Objections. Those matters referred to on Exhibit A attached hereto and any matter shown on the Title Commitment and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have 60 days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed, if necessary. Seller shall use all reasonable efforts to correct any Objections. If the Objections are not cured within such 60-day period, Buyer will have the option to do any of the following: 8.2.1 Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money, if any; or 8.2.2 Waive the Objections and proceed to close. If Buyer waives any Objections, they will be deemed Permitted Encumbrances hereunder. 9. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 9.1 Wells. The Seller hereby discloses to Buyer that there is no "water well" on the described Property within the meaning of Minn. Stat. § 156A.02. 9.2 Individual Sewage Treatment Systems. Solely for purposes of satisfying the requirements of Minn. Stat. §115.55, Subd. 6, Seller hereby discloses to Buyer that there is no individual sewage treatment system in use on the property. Except as herein expressly stated, Buyer is purchasing the Property based upon its own investigation and inquiry and is not relying on any documentation from or representation of Seller or other person and is agreeing to accept and purchase the Property "as is, where is" subject to the conditions of examination herein set forth and the express warranties herein contained. 10. Casualty: Condemnation. If all or any part of the Property is substantially damaged by fire, casualty, the elements or any other cause, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within 30 days after Seller's notice. If Buyer shall fail to 4 12/31/97 WED 11:55 FAX 6128311869 JOHNSON&CONDON IA 006 give the notice, then the parties shall proceed to Closing, and Seller shall assign to Buyer all rights to insurance proceeds resulting from such event. If eminent domain proceedings are threatened or commenced against all or any part of the Property or other governmental sale or conveyance of any nature of any portion of or interest in the property shall occur, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within 30 days after Seller's notice. If Buyer shall fail to give the notice, then the parties shall proceed to Closing, and Seller shall assign to Buyer all rights to appear in and receive any award or benefit from such proceedings. 11. Broker's Commission. Neither Seller nor Buyer have retained the services of a Broker and each shall hold the other harmless from all fees or commissions that may be asserted by Broker in connection with this sale. 12. Assignment. Either party may assign its rights under this Agreement without the prior written consent of the other party, before or after the Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement. 13. Survival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. 14. Notices. Any notice required or permitted hereunder shall be given by personal delivery upon an authorized representative of a party hereto; or if mailed by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: City of Shakopee Shakopee, MN (612) - If to Buyer: EverGreen Heights LLC Attention: Greg McClenahan 5212 Hope Street Prior Lake, MN 55372 Phone 612/806-0406 Fax # 612/831-1869 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving notice of such change 10 days prior to the effective date of such change. 15. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be 5 12/31/97 WED 11:55 FAX 6128311869 JOHNSON&CONDON 0 007 considered in interpreting this Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in a writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 16. Remedies. If Buyer defaults under this Agreement, for reasons other than those contingencies referenced herein. Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within 15 days of the date of such notice, this Agreement will terminate, and upon such termination Seller will retain the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. If Seller defaults under this Agreement, this provision does not preclude Buyer from seeking and recovering from Seller specific performance of this Agreement. If Buyer successfully pursues specific performance, Buyer shall have the right to receive damages, including attorney fees from Seller for Seller's defaults hereunder. 17. Counterparts. This Agreement may be executed in counterparts, each when taken together shall constitute one original document. Receipt of facsimile signatures of this document shall be deemed full acceptance and execution hereof and each such facsimile signature shall be followed by an original signature page, delivered to the other party within 24 hours of the facsimile transmission. Seller and Buyer have executed this Agreement as of the date first written above. SELLER: City Shakopee Shako ee BUYER: EVERGREEN HEIGHTS, LLC EVERGREEN REAL ESTATE DEVELOPMENT CORP., Manager By: Its: 6 12/31/97 WED 11:56 FAX 6128311869 JOHNSON&CONDON f008 GAM-170908.1 7 12/31/97 WED 11:56 FAX 6128311869 JOHNSON&CONDON 2009 EXHIBIT A Permitted Encumbrances 1. Building and zoning laws, ordinances, state and federal regulations. 2. Reservation of any mineral rights by the State of Minnesota. 3. Utility and drainage easements which do not interfere with proposed improvements. GAM-170829.1 PURCHASE AGREEMENT 1. PARTIES . This Purchase Agreement is made this 23nd day of December , 1997 by and between the CITY OF SHAKOPEE, a Minnesota municipal corporation ( "Seller" ) and the James F. Johnson General Development Corporation ( "Buyer" ) . 2 . SUBJECT PROPERTY. Seller is the owner of that certain real estate (the "Property") located at the southwest quadrant of County Road 16 and Vierling Drive in the City of Shakopee, County of Scott, Minnesota and legally described as follows : See Attached Exhibit A 3 . OFFER/ACCEPTANCE. In consideration of the mutual agreements herein contained, Buyer offers and agrees to purchase and Seller agrees to sell and hereby grants to Buyer the exclusive right to purchase the Property, together with all appurtenances, including, but not limited to, plants, shrubs, trees, and grass . 4. ACCEPTANCE DEADLINE. This Purchase Agreement shall be presented to the Seller' s city council within 30 days of the date it is submitted to Seller, fully executed by Buyer herein. If the Seller' s city council does not approve this Purchase Agreement, all Earnest Money shall be refunded to the Buyer. 5. CONTINGENCIES . Buyer' s obligation to buy and Seller' s obligation to sell are contingent upon the following: A. Buyer' s determination of marketable title pursuant to paragraph 9 of this Agreement; and B . Seller' s obtaining such government approvals as may be necessary to divide the Property from a larger tract owned by Seller; and C. Buyer' s physical inspection of the Property, including environmental inspection, with the understanding that Buyer will, on the date of closing, be taking title to the Property "AS IS" after having conducted such inspec- tions as Buyer deems appropriate under the circumstances . The Buyer and Seller shall have thirty (30) days from the date of Seller' s acceptance of this Purchase Agreement to remove the foregoing contingencies . The contingencies are for both the Buyer' s and Seller' s benefit and may not be waived by either party. If the contingencies are duly satisfied in a timely manner, then the Buyer and Seller shall proceed to close the transaction as contemplated herein. If, however, one or more contingencies is not satisfied, or is not satisfied on time, this Purchase Agreement shall thereupon be void. Seller shall return Buyer' s Earnest Money, and Buyer and Seller shall execute and deliver to each other the termination of this Purchase Agreement . As a contingent purchase agreement, the termination of this Purchase Agreement is 1 not required pursuant to Minnesota Statutes, Section 559 .21, et seq. 6. PERSONAL PROPERTY INCLUDED IN SALE. The following items of personal property and fixtures owned by Seller and currently located on the Property are included in this sale : None . 7 . PURCHASE PRICE AND TERMS: A. PURCHASE PRICE: The total Purchase Price for the Property is ThrPP himc�rc] 1-wanty five 1-hn„Sary9 Dollars ($ 325.000 ) . B. TERMS : • (1) EARNEST MONEY. The sum of One thousand Dollars ($ 1000.00 ) [AMOUNT MAY NOT BE LESS THAN $1, 000] Earnest Money paid by the Buyer to the Seller, the receipt of which is hereby acknowl- edged. (2) BALANCE DUE SELLER. Buyer agrees to pay by certi- fied check on the Closing Date any remaining Bal- ance Due according to the terms of this Purchase Agreement . (3) DEED. Subject to performance by Buyer, Seller agrees to execute and deliver a Quit Claim Deed conveying Seller' s interest in the Property to Buyer. 8. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS . A. Seller shall pay at or prior to closing all real estate taxes due and payable in the year prior to closing and prior years . B. Seller shall pay at or prior to closing the balance of all special assessments levied prior to closing. C. Real estate taxes due and payable in the year of closing shall be prorated as of the date of closing between Buyer and Seller. D. Buyer shall assume all special assessments pending as of the date of this Purchase Agreement and all special assessments that become pending after the date of this Purchase Agreement . 9. TITLE MATTERS. Seller makes no warranty or representation with respect to the marketability or quality of its title . The Seller does not have an abstract of title to the Property and has no obligation to provide Buyer with an abstract of title. Seller agrees to provide Buyer with a copy of a title insurance policy previously issued to Seller, for Buyer' s information. Buyer shall 2 have 30 days after Seller' s acceptance of this Agreement to make whatever investigations of title matters as Buyer deems appropriate and to raise objections to the marketability of Seller' s title; provided, however, that Buyer waives the right to object to : (1) building and zoning laws, ordinances, state and federal regula- tions; (2) reservation of minerals or mineral rights to the State of Minnesota, if any; and (3) utility and drainage easements of record that do not interfere with existing improvements on the Property. If Buyer objects to Seller' s title, it must give Seller notice within such 30-day period, specifying the precise nature of the alleged title defects . If Buyer fails to give proper or timely notice, it shall be deemed to have waived its right to object (except that defects which arise subsequent to the 30-day period shall not be deemed waived unless Buyer fails to give Seller notice of same promptly after Buyer learns, or in the exercise of reasonable diligence should have learned, of them) . Seller shall have 30 days or until the Closing Date, whichever is less (the "Cure Period" ) in which it may if it so chooses, attempt to cure any defect specified in Buyer' s notice . Seller has no obligation or responsibility whatsoever to cure (or attempt to cure) any title defect . If Seller is unable or unwilling to cure any specified defect, Buyer may terminate this Agreement by giving Seller notice of termination at any time prior to the actual delivery and acceptance of the deed, which notice must state that this Agreement is being terminated by reason of Seller' s failure to cure title defects . If Buyer gives proper and timely notice of termination, Seller shall refund the Earnest Money, without interest . By accepting delivery of the quit claim deed, Buyer shall be deemed to waive any and all uncured title defects . 10 . CLOSING DATE. The closing of the sale of the Property shall take place on or before March 1, 1998 , - iabek or at such earlier or later date as may be mutually agreed upon by the Seller and Buyer. In no event shall the Closing Date be later than January 30, 1998. The closing shall take place at City Hall, 129 Holmes Street South, Shakopee, or such other location as mutually agreed upon by the parties . 11. CLOSING COSTS AND RELATED ITEMS . Seller shall pay deed transfer taxes due upon recording of the quit claim deed. Unless otherwise provided herein, the Buyer shall be responsible for the payment of all closing costs and fees, except that each party shall be responsible for its own attorneys fees . 12 . SUBDIVISION OF LAND. The sale contemplated by this Purchase Agreement requires the division of the Property from a larger tract of land owned by Seller. Seller shall at its cost obtain all necessary governmental approvals for that division prior to closing. Seller will obtain an approved and valid legal descrip- tion of the Property prior to closing. 13 . POSSESSION/CONDITION OF PROPERTY. Seller shall deliver possession of the Property to Buyer at Closing, in the same condition as the Property existed on the date of this Purchase Agreement. 3 14 . DAMAGES TO REAL PROPERTY. If the Property is damaged prior to closing, Buyer may rescind this Purchase Agreement by notice to Seller within twenty-one (21) days after Seller notify Buyer of such damage, during which 21-day period Buyer may inspect the real property, and in the event of such rescission, the Earnest Money shall be refunded to Buyer. 15 . DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Seller discloses that there is not an individual sewage treatment system on or serving the Property. 16. WELL DISCLOSURE. Seller represents that it does not know of any wells on the Property. 17 . AGENCY DISCLOSURE. ( James F. Johnson stipu- lates that he or she is representing the Buyer in this transac- tion. ) [OR] (Buyer represents and warrants to Seller that that there is no broker involved in this transaction with whom Buyer has negotiated or to whom Buyer has agreed to pay a broker commission. ) Buyer agrees to indemnify Seller for any and all claims for brokerage commissions or finders' fees in connection with purchase of the Property arising out of any alleged agreement or commitment or negotiation by Buyer. Seller represents and warrants to Buyer that there is no broker involved in this transaction with whom Seller has negotiated or to whom Seller has agreed to pay a broker commission. Seller agrees to indemnify Buyer for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Seller. 18 . NO MERGER OF REPRESENTATIONS, WARRANTIES. All representations and warranties contained in this Purchase Agreement shall not be merged into any instruments or conveyance delivered at Closing, and the parties shall be bound accordingly. 19. ENTIRE AGREEMENT; AMENDMENTS. This Purchase Agreement constitutes the entire agreement between the parties, and no other agreement prior to this Purchase Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties or their respective successors or assigns . 20 . BINDING EFFECT; ASSIGNMENT. This Purchase Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. Buyer shall not assign its rights and interest hereunder without notice to Seller. 21. NOTICE. Any notice, demand, request or other communication which may or shall be given or served bythe parties p rhes shall be deemed to have been given or served on the date the same is 4 deposited in the United States Mail, registered or certified, postage prepaid and addressed as follows : a. If to Seller: City of Shakopee Attn: Mark McNeill 129 Holmes Street South Shakopee, MN 55379 b. If to Buyer: James F. Johnson P. O. Box 246 Chaska, Mn. 55318 368-3205 22 . SPECIFIC PERFORMANCE. This Purchase Agreement may be specifically enforced by the parties, provided that any action for specific enforcement is brought within six months after the date of the alleged breach. This paragraph is not intended to create an exclusive remedy for breach of this agreement; the parties reserve all other remedies available at law or in equity. 23 . ADDITIONAL TERMS . This Purchase Agreement (is) (is not) subject to additional terms and conditions as set forth in the attached Exhibit B . IN WITNESS WHEREOF, the parties have executed this agreement as of the date written above . SELLER CITY OF SHAKOPEE By Its Mayor By Its City Clerk BUYER 440 Presiden 5 EXHIBIT A Legal Description of Property PARCEL B That part of the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 8, Township 115, Range 22, Scott County, Minnesota, lying Northerly of the North right-of-way line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 70-7 and Southeasterly of the plat of HAUER'S 4m ADDITION, as on file and of record in the Office of the County Recorder in said County and which lies Southwesterly of the centerline of County Road No. 16 (Eagle Creek Boulevard), and which lies Easterly of the following described line: Commencing at the intersection of the West line of said Northeast Quarter of the Southeast Quarter and said North right-of-way line; thence Easterly, along said North right-of-way line, a distance of 569.80 feet to the point of beginning of said line to be hereinafter described; thence Northerly, deflecting to the left, 101 degrees 32 minutes 56 seconds, a distance of 412.21 feet to the Southeasterly right-of-way line of 13th Avenue, as dedicated in said plat of Hauer's 4th Addition and said line there terminating. Excepting therefrom the following described property lying Westerly and Northerly of the following described line; Commencing at the most Easterly corner of HAUER'S 4Th ADDITION; thence North 29 degrees 24 minutes 30 seconds East (assumed bearing) along the Easterly line of HATER'S 3w ADDITION to the centerline of County Road No. 16 a distance of 50.00 feet; thence South 60 degrees 35 minutes 30 seconds East along said centerline of County Road No. 16 a distance of 181.98 feet to the point of beginning of said line; thence South 37 degrees 21 minutes 00 seconds West a distance of 50.48 feet to the Southerly right-of-way of said County Road No. 16, distant 175.00 feet Southeasterly of said most Easterly corner of HAUER'S 4r`` ADDITION; thence continuing South 37 degrees 21 minutes 00 seconds West a distance of 268.47 feet; thence North 60 degrees 35 minutes 30 seconds West a distance of 175.00 feet to the Easterly line of said HAUER'S 4 r ADDITION and there terminating. 0:1proj1801900\900-0212.oct 6 PARCEL B That part of the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 8, Township 115, Range 22, Scott County, Minnesota, lying Northerly, of the North right-of-way line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 70-7 and Southeasterly of the plat of HAUER'S 4TH ADDITION, as on file and of record in the Office of the County Recorder in said County and which lies Southwesterly of the centerline of County Road No. 16 (Eagle Creek Boulevard), and which lies Easterly of the following described line: Commencing at the intersection of the West line of said Northeast Quarter of the Southeast Quarter and said North right-of-way line; thence Easterly, along said North right-of-way line, a distance of 569.80 feet to the point of beginning of said line to be hereinafter described; thence Northerly, deflecting to the left, 101 degrees 32 minutes'56 seconds, a distance of 412.21 feet to the Southeasterly right-of-way line of 13th Avenue, as dedicated in said plat of Hauer's 4th Addition and said line there terminating. Excepting therefrom the following described property lying Westerly and Northerly of the following described line; Commencing at the most Easterly corner of HAUER'S 4T' ADDITION; thence North 29 degrees 24 minutes 30 seconds East (assumed bearing) along the Easterly line of HAUER'S 3RD ADDITION to the centerline of County Road No. 16 a distance of 50.00 feet; thence South 60 degrees 35 minutes 30 seconds East along said centerline of County Road No. 16 a distance of 181.98 feet to the point of beginning of said line; thence South 37 degrees 21 minutes 00 seconds West a distance of 50.48 feet to the Southerly right-of-way of said County Road No. 16, distant 175.00 feet Southeasterly of said most Easterly corner of HAUER'S 41`'' ADDITION; thence continuing South 37 degrees 21 minutes 00 seconds West a distance of 268.47 feet; thence North 60 degrees 35 minutes 30 seconds West a distance of 175.00 feet to the Easterly line of said HAUER'S 4Th ADDITION and there terminating. 0:\proj\801900\900-0212.oct EXHIBIT B List of Additional Terms and Conditions This purchase agreement is subject to the City of Shakopee approving the Buyers site plan, engineering plan, building plans and specs and landscape plan. Buyer to construct townheme rental units at no more than 10.25 units per acre with no less than 4 units per building and with no more than 6 units per building. Buyer to assume all future pending and or levied special assessments after closing date. Seller to pay at closing all levied and pending special assessments in the approximate amount of $58,000. This offer is subject to Buyers lender approval of Phase I inviro- mental study, soil tests and financing on or prior to closing at Buyers expense. At the City of Shakopees expense the Buyer agrees to sign a limited developers agreement at or prior to closing. Seller to provide -at their expense a certified copy of survey. Seller to provide any or all if available the folowing : Phase I Invircmental_Report and Soil Tests. 7 E'"r 4'''-c r roc 7. ,M t b d 'Ar4 'f `fi '. ' rr J�—�.r�. fro ,4, .afi � «'' .rr j �. II II II IV +s /I , 4k_ 1 • r. -a.. •,. ,,, .+vE.,a,. f.. ,,.%, '3p Y 6 a r x` . - _ '' T _IIli-�II-.11111 1 ii 3 _ v r ` t i i-ri it11 11 U LIIIII-'71-7"-'1,„-------1 MI lit :::::!__.--: - im . II 1 r 4 CITY OF SHAKOPEE Memorandum lS. y, , 6 . TO: Mayor and City Council. FROM: Mark McNeill, City Administrator SUBJECT: 1998 Liaison/Related Appointments DATE: December 30, 1997 INTRODUCTION: The City Council is asked to assign liaison duties to its members for 1998. BACKGROUND: Past practice of the City Council has been that a member of the Council has served as a liaison to various boards and agencies. Mayor Brekke is recommending the following appointees for 1998: l.. Shakopee Public Utilities Commission - Sweeney 2. Murphy's Landing- Link 3. I.S.D. 720 -Amundson 4. Scott County Board of Commissioners - Sweeney 5. Shakopee Convention and Visitors Bureau -Amundson 6. Shakopee Chamber of Commerce Board of Directors - DuBois 7. Association of Metropolitan.Municipalities (and alternative) -Brekke (alternate McNeill) 8. Suburban Rate Authority(and alternate) -McNeill (alternate Snook) 9. Acting Mayor to fulfill the duties of Mayor in his absence - Sweeney Regarding number 6 above,previously, the City has provided a liaison only to the Shakopee Convention and Visitors Bureau. However, this year the Chamber has requested a liaison for the Chamber of Commerce Board of Directors. In the past,the Mayor has recommended specific appointments, and the Council has then endorsed the Mayor's recommendations and affirmed the actual appointments. The Mayor recommends that Clete Link be elected as President for the Economic Development Authority. The EDA officers will be elected at the EDA meeting on January 6th. The Suburban Rate Authority specifically requires a resolution for the appointment of both the Director and Alternate Director from the City of Shakopee; a resolution has been prepared for the Council's consideration,using the City Administrator as the Director, and Economic Development Coordinator as alternate. RECOMMENDATION: Mayor Brekke recommends the 1998 liaisons be appointed as listed, and that a resolution for SRA designees be adopted. ACTION REQUIRED: If the Council concurs, it should take the following action: 1. By motion, affirm the 1998 Liaison appointments for the City Council. 2. Adopt the following resolution: A Resolution Designating Director and Alternative Director to Suburban Rate Authority. Mark McNeill City Administrator MM:tw jhaxopee AREA CHAMBER OF COMMERCE & CONVENTION & VISITORS BUREAU December 12, 1997 Mr. Mark McNeill, City Administrator City of Shakopee 129 Holmes Street So Shakopee, MN. 55379 Dear Mr. McNeill, The Nomination Committee for the Chamber Board of Directors is re-aligning the 1998 board members. Along with that is a City of Shakopee liaison person to attend the board meetings the second Wednesday of each month. This is a request to the City to designate that person for 1998. I will wait to hear from you. Since ly, lit-/J / Carol Schultz Executive Director 1801 E. COUNTY RD. 101 • SHAKOPEE, MN 55379 • 1-800-574-2150 • (612) 445-1660 • FAX (612) 445-1669 a0 4 !6 s yy O�'ls c7 �(, RESOLUTION NO. 4822 A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota as follows: Mark McNeill is hereby designated to serve as a Director of the Suburban Rate Authority and Paul Snook is hereby designated to serve as the Alternate Director of the Suburban Rate Authority for the year 1998 and until their successors are appointed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE ,Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Council Meeting Policies and Procedures DATE: December 30, 1997. INTRODUCTION: The City Council is asked to adopt operating policies and procedures for 1998. BACKGROUND: Mayor Brekke has asked to establish a set of operating policies and procedures for City Council meetings for this year. Recently,there has been an annual review of these issues. They are designed to make meetings more accessible and understandable for the viewing public, as well as provide direction and order for the meetings themselves. Mayor Brekke will present his recommended policies at the meeting. The previous practice of the mayor reading a synopsis of each item on the consent agenda will be continued. In addition, one item that is being added to the agenda is a"Pledge of Allegiance"to the American flag. RECOMMENDATION: We recommend that the attached Council meeting objectives and procedures be adopted. ACTION REQUIRED: If the Council concurs, it should, by motion, adopt the Council meeting objectives and procedures as presented at the January 6th meeting. 1MA- 1 UJ Mark McNeill City Administrator MM:tw 15.E. '1. CITY OF SHAKOPEE Memorandum TO: City Council FROM: Jon Brekke SUBJECT: Council Meeting Objectives DATE: January 6, 1998 Introduction: Setting objectives and procedures for Council Meetings is now an annual tradition in Shakopee City Government. I believe that a well-defined list of objectives, agreed upon by the City Council,results in clearer expectations for meeting participants and ultimately more effective meetings. With that in mind, I will attempt to postulate some objectives for Council Meetings in 1998. Most of the items in this list have been used in prior years. Objectives and Procedures: • Limit the `Liaison Reports' section of the agenda to just liaison reports. • Include `Other Business' as a regular part of every agenda. • Include the `Mayor's Report' as a regular part of every agenda. • Allow any audience member or Councilmember to remove an item from the consent agenda. • Maintain general adherence to parliamentary procedure. • Enforce that only those having the floor as recognized by the chair shall speak. • Encourage both audience members and Councilmembers to address the chair. • Encourage that motions be descriptive of action sought. ie. Not simply"move the requested action". • Make a strong effort to make motions only in the affirmative. • Allow any member to make modifications to a motion, if acceptable to the maker,but only prior to the start of discussion as signaled by the chair. After discussion has begun, a motion can only be altered by a successful motion to amend. • Disallow discussion on a motion until seconded. • Generally follow that the member who makes a motion will be given the first opportunity to speak in discussion. • Generally recognize any member who has not spoken on a question over one who has. • Discourage cumbersome, lengthy and numerous amendments to a motion. • Rule against explanation of vote by members during voting. • Declare a unanimous vote if a motion receives any votes on one side and none on the other. • Generally report by the chair the results of all votes indicating those members in the majority. • Make every effort to be protective of staff;Council and citizens from personal or unnecessary derogatory attacks. Consent Agenda: Recommendation: If Councilmembers desire to abstain on a particular item on the consent agenda,that item should be removed from the consent agenda. Alternative wording: If Councilmembers desire to abstain on a particular item on the consent agenda they can inform the chair that they will be voting on the consent agenda,but that they want the minutes to show that they have abstained on a particular item. Reason for recommendation: Abstaining from an item on the consent agenda,but still voting on the consent agenda itself is a contradiction. When a member casts their vote on the consent agenda, it should be an 'all or nothing' vote. Council Informational Packets: I have been to several meetings in the past where I wondered why I took the time to read the Council Packet of information prior to the meeting. Each issue was laboriously repeated almost verbatim from the information in the packet. I believe we should expect each other to read the informational packets prior to the meetings. We should also expect staff to present a synopsis of each agenda item, as needed, during the meeting. However,the staff report should not be a word-for-word rehash of the Council Packet memo. In some cases(ie. public hearings)staff will need to present the information at length. In others, a short summary will suffice. Conclusions: Please discuss with me any ideas you have for improving the meetings throughout the next two years. As a new Mayor, I will certainly be open to any input or suggestions you may have. Based on my previous experience chairing meetings of the Planning Commission, I tend to try to push items along quickly. I will do my best to bring focus to each issue and to bring items to conclusion efficiently. I do not like drawn-out,repetitive discussion, and I will try to avoid it if at all possible. NI move too quickly,please ask me to slow down so that issues may be investigated or debated more fully. Requested Action: 1. Endorse Council Meeting Objectives and Procedures as outlined above, or; 2. Amend and Endorse Alternative Council Meeting Objectives and Procedures. /S. E, S', (), !D MEMORANDUM CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Apportionment of Special Assessments for Boulder Ridge, Prairie Village and Prairie Bend 3rd DATE: December 30, 1997 INTRODUCTION: City Council is asked to consider adopting resolutions that will apportion existing special assessments against newly created lots located within the new subdivisions of Boulder Ridge, Prairie Village 2nd and Prairie Bend 3rd (if recorded before the end of 1997) . BACKGROUND: Prior to the platting of these subdivisions, the original parcels had special assessments against them for public improvements . Now that the parcels have been subdivided into smaller lots as a result of platting, it is necessary to apportion these assessments against each of the new lots. Appropriate resolutions will be provided to City Council on January 6th on the Council table. The developers have agreed to these apportionments in their respective developer' s agreements. RECOMMENDED ACTION: Offer Resolution No. 4823, A Resolution Apportioning Assessments Among New Parcels Created as A Result of the Platting of Boulder Ridge, and move its adoption. Offer Resolution No. 4824, A Resolution Apportioning Assessments Among New Parcels Created as A Result of the Platting of Prairie Village 2nd Addition, and move its adoption. Offer Resolution No. 4825, A Resolution Apportioning Assessments Among New Parcels Created as A Result of the Platting of Prairie Bend 3rd Addition, and move its adoption. J. Cit, Clerk 3 . .> S t j RESOLUTION NO. 4823 CONSENT A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF BOULDER RIDGE WHEREAS, on September 20, 1988, Resolution No. 2946 adopted by the City Council levied assessments against properties benefited by the VIP Sanitary Sewer Extension from CR-17 to CR-79, Project No. 1987-13 ; and WHEREAS, on November 17, 1992, Resolution No. 3705 adopted by the City Council levied assessments against properties benefited by improvements to Vierling Drive between CR-17 and CR-79, Project No. 1992-3; and WHEREAS, a parcel benefited by the said improvements and known as parcel number 27-138037-0 has been subdivided into the plat of Boulder Ridge; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against this parcel because of the platting of Boulder Ridge. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1997 payable remaining balance of assessments to parcel 27-138037-0 for the 1987-13 VIP Extension ($1, 129 . 91) and for the 1992-3 Vierling Drive Improvements ($65, 170 .48) is hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof . BE IT FURTHER RESOLVED, that all other parts of Resolution Numbers 2946 and 3705 shall continue in effect. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 6th day of January, 1998 . Mayor . City Clerk Tif9C1103 EXHIBIT A Assessment Reapportionment for Boulder Ridge P.I.D.NO. OWNER LEGAL 1987-13 1992-3 DESCRIPTION ASSESSMENT ASSESSMENT 27-237001-0 BDM LLC Attn:George Daniels LOT 1 BLOCK 1 $254.33 $14,669.20 641 E Lake St.#208 BOULDER RIDGE Wayzata,Mn. 55391 27-237002-0 BDM LLC Attn:George Daniels LOT 2 BLOCK 1 $362.87 $20,929.30 641 E Lake St.#208 BOULDER RIDGE Wayzata,Mn. 55391 27-237003-0 BDM LLC Attn:George Daniels LOT 1 BLOCK 2 $92.34 $5,325.76 641 E Lake St.#208 BOULDER RIDGE Wayzata,Mn. 55391 27-237004-0 BDM LLC Attn:George Daniels LOT 1 BLOCK 3 $213.83 $12,333.34 641 E Lake St.#208 BOULDER RIDGE Wayzata,Mn. 55391 27-237005-0 BDM LLC Attn:George Daniels LOT 2 BLOCK 3 $206.54 $11,912.88 641 E Lake St.#208 BOULDER RIDGE Wayzata,Mn. 55391 Total= $1,129.91 $65,170.48 157 E. ,# RESOLUTION NO. 4824 CONSENT A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF PRAIRIE VILLAGE 2ND ADDITION WHEREAS, on October 15, 1996, Resolution No. 4541 adopted by the City Council levied assessments against properties benefited by the 1996-1 Public Improvement Project for 17th Avenue from County State Aid Highway 17 to Sarazin Street and Sarazin Street from St . Francis Avenue to 17th Avenue; and WHEREAS, on January 7, 1997, Resolution No. 4600 adopted by the City Council apportioned the installments remaining unpaid against the parcels created because of the platting of Prairie Village 1st Addition; and WHEREAS, Outlot A, Prairie Village 1st Addition has been subdivided into the plat of Prairie Village 2nd Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against Outlot A, Prairie Village 1st Addition because of the platting of Prairie Village 2nd Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1997 payable remaining balance of assessments to parcel 27-218032-0 for the 1996-1 Public Improvement Project is hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof . BE IT FURTHER RESOLVED, that all other parts of Resolution Numbers 4541 and 4600 shall continue in effect . Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 6th day of January, 1998 . . Mayor _ City Clerk h\judy\app-pv2 A-.1".„„:)1A 00 0.* EXHIBIT A Assessment Reapportionment for Prairie Village 2nd Adddition December, 1997 P.I.D.NO. OWNER LEGAL 1996-1 DESCRIPTION ASSESSMENT 27-238001-0 US HOME CORPORATION LOT 1 BLOCK 1 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238002-0 US HOME CORPORATION LOT 2 BLOCK 1 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238003-0 US HOME CORPORATION LOT 3 BLOCK 1 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238004-0 US HOME CORPORATION LOT 4 BLOCK 1 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238005-0 US HOME CORPORATION LOT 5 BLOCK 1 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238006-0 US HOME CORPORATION LOT 6 BLOCK 1 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238007-0 US HOME CORPORATION LOT 7 BLOCK 1 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238008-0 US HOME CORPORATION LOT 1 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238009-0 US HOME CORPORATION LOT 2 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238010-0 US HOME CORPORATION LOT 3 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238011-0 US HOME CORPORATION LOT 4 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238012-0 US HOME CORPORATION LOT 5 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238013-0 US HOME CORPORATION LOT 6 BLOCK 2 495.09 8421 WAYZATA BLVD. . PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238014-0 US HOME CORPORATION LOT 7 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238015-0 US HOME CORPORATION LOT 8 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238016-0. US HOME CORPORATION LOT 9 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238017-0 US HOME CORPORATION LOT 10 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238018-0 US HOME CORPORATION LOT 11 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION • EXHIBIT A Assessment Reapportionment for Prairie Village 2nd Adddition December, 1997 P.I.D.NO. OWNER LEGAL 1996-1 DESCRIPTION ASSESSMENT 27-238019-0 US HOME CORPORATION LOT 12 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238020-0 US HOME CORPORATION LOT 13 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238021-0 US HOME CORPORATION LOT 14 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238022-0 US HOME CORPORATION LOT 15 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238023-0 US HOME CORPORATION LOT 16 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238024-0 US HOME CORPORATION LOT 1 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238025-0 US HOME CORPORATION LOT 2 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238026-0 US HOME CORPORATION LOT 3 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238027-0 US HOME CORPORATION LOT 4 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238028-0 US HOME CORPORATION LOT 5 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238029-0 US HOME CORPORATION LOT 6 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238030-0 US HOME CORPORATION LOT 7 BLOCK 2 495.09 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION 27-238031-0 US HOME CORPORATION OUTLOT A $59,008.99 8421 WAYZATA BLVD. PRAIRIE VILLAGE GOLDEN VALLEY, MN. 55426 2ND ADDITION TOTAL= $73,861.69 RESOLUTION NO. 4825 CONSENT A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF PRAIRIE BEND 3RD ADDITION WHEREAS, on November 5, 1997, Resolution No. 4776 adopted by the City Council levied assessments against properties benefited by construction of Sarazin Street between 4th Avenue and CR-16, Roundhouse Street between 4th Avenue and CR-16, and 4th Avenue between Shawnee Trail and Sarazin Street, Project No. 1996-10; and WHEREAS, on December 3, 1996, Resolution No. 4567 adopted by the City Council levied assessments against properties benefited by the County Road 16 Sanitary Sewer and Water Services between County Road 17 and County Road 83 , Project No. 1994-11. WHEREAS, Outlot E, Prairie Bend First Addition has been subdivided into the plat of Prairie Bend 3rd Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against Outlot E, Prairie Bend First Addition because of the platting of Prairie Bend 3rd Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1997 payable remaining balance of assessments to parcel 27-191068-0 is $27, 765 .02 for the 1994-11 Public Improvement Project and is $140, 850 . 11 for the 1994-10 Public Improvement Project and is hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof . BE IT FURTHER RESOLVED, that all other parts of Resolution Number 4567 and 4776 shall continue in effect . Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 6th day of January, 1998 . Mayor City Clerk h\judy\app-pb3 t ivoi%ieei EXHIBIT A Assessment Reapportionment for Prairie Bend 3rd Addition December, 1997 P.I.D.NO. OWNER LEGAL 1994-11 1994-10 DESCRIPTION ASSESSMENT ASSESSMENT 27-239001-0 KLINGLEHUTZ DEVELOPMENT LOT 1 BLOCK 1 $1,983.21 $10,060.72 350 HWY 212 E PRAIRIE BEND CHASKA,MN. 55318 3RD ADDITION 27-239002-0 KLINGLEHUTZ DEVELOPMENT LOT 2 BLOCK 1 $1,983.21 $10,060.72 350 HWY 212 E PRAIRIE BEND CHASKA,MN. 55318 3RD ADDITION 27-239003-0 KLINGLEHUTZ DEVELOPMENT LOT 3 BLOCK 1 $1,983.21 $10,060.72 350 HWY 212 E PRAIRIE BEND CHASKA,MN. 55318 3RD ADDITION 27-239004-0 KLINGLEHUTZ DEVELOPMENT LOT 4 BLOCK 1 $1,983.21 $10,060.72 350 HWY 212 E PRAIRIE BEND CHASKA,MN. 55318 3RD ADDITION 27-239005-0 KLINGLEHUTZ DEVELOPMENT LOT 5 BLOCK 1 $1,983.21 $10,060.72 350 HWY 212 E PRAIRIE BEND CHASKA,MN. 55318 3RD ADDITION 27-239006-0 KLINGLEHUTZ DEVELOPMENT LOT 6 BLOCK 1 $1,983.21 $10,060.72 350 HWY 212 E PRAIRIE BEND CHASKA,MN. 55318 3RD ADDITION 27-239007-0 KLINGLEHUTZ DEVELOPMENT LOT 7 BLOCK 1 $1,983.21 $10,060.72 350 HWY 212 E PRAIRIE BEND CHASKA,MN. 55318 _ 3RD ADDITION 27-239008-0 KLINGLEHUTZ DEVELOPMENT LOT 8 BLOCK 1 $1,983.21 $10,060.72 350 HWY 212 E PRAIRIE BEND CHASKA,MN. 55318 3RD ADDITION 27-239009-0 KLINGLEHUTZ DEVELOPMENT LOT 9 BLOCK 1 $1,983.21 $10,060.72 350 HWY 212 E PRAIRIE BEND CHASKA,MN. 55318 3RD ADDITION 27-239010-0 KLINGLEHUTZ DEVELOPMENT LOT 10 BLOCK 1 $1,983.21 $10,060.72 350 HWY 212 E PRAIRIE BEND CHASKA,MN. 55318 3RD ADDITION 27-239011-0 KLINGLEHUTZ DEVELOPMENT LOT 11 BLOCK 1 $1,983.21 $10,060.72 350 HWY 212 E PRAIRIE BEND CHASKA,MN. 55318 3RD ADDITION 27-239012-0 KLINGLEHUTZ DEVELOPMENT LOT 12 BLOCK 1 $1,983.21 $10,060.72 350 HWY 212 E PRAIRIE BEND CHASKA,MN. 55318 3RD ADDITION 27-239013-0 KLINGLEHUTZ DEVELOPMENT LOT 13 BLOCK 1 $1,983.21 $10,060.72 350 HWY 212 E PRAIRIE BEND CHASKA,MN. 55318 3RD ADDITION 27-239014-0 KLINGLEHUTZ DEVELOPMENT LOT 14 BLOCK 1 $1,983.29 $10,060.75 350 HWY 212 E PRAIRIE BEND CHASKA,MN. 55318 3RD ADDITION TOTAL= $27,765.02 $140,850.11 lsC. I/. CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk Cr__, SUBJECT: Designation of Official Newspaper DATE: December 30, 1997 INTRODUCTION: One of the actions that City Council should perform at their first meeting of the year is the designation of an official newspaper. BACKGROUND: The City is required by law to publish certain matters in its official newspaper, during the course of the year. We publish the Council minutes (motions only), Ordinances, Resolutions when required by law, notices of public hearings on planning matters and public improvement projects, and advertisements for bids. It is appropriate that this designation be made at this time. To be qualified as a medium of official and legal publication, a newspaper must meet certain qualifications set forth by State law. To name a few, it must be distributed at least five days each week if a daily paper or be distributed at least once each week for 50 weeks each year if not a daily paper. News columns devoted to news of local interest to the community which it purports to serve must be 25% if published more often than weekly and 50% if weekly. It must be circulated in the City which it serves and meet certain circulation requirements. It must have its known office of issue located within the county or adjoining county of the City it serves. It must file a statement of ownership and circulation with the secretary of state each year. As long as I can remember,the Shakopee Valley News has been the City's official newspaper. The City has received the attached letter from Mr. Rolfsrud asking that the City consider appointing the Shakopee Valley News as its official newspaper. The 1998 charge for legal notices will be $8.37 per column inch. Previous years charges for legal notices were: 1997- $8.05/column inch for 1st insertion 1996- $7.67/column inch for 1st insertion 1995 - $7.30/column inch for 1st insertion * 1') DecembDesignationer30of1997 Official Newspaper , Page -2- During the middle of 1997, the City began submitting legal notice copies on floppy disk which resulted in a cost savings because the Shakopee Valley News staff did not have to retype the notices for publication in the newspaper. The 1998 charge for legal notices submitted in this manner will be $6.69 per column inch,reflecting a 20%cost savings to the City. The City has budgeted$18,700 for 1998 for legal publications. The City has had a very good working relationship with the Shakopee Valley News. They have been most cooperative in publishing notices that were sent to them after their deadline and have published them whenever possible. They have published items at no charge in their "In Brief' section as well as press releases. They have also written articles on matters when requested to get the word out. ALTERNATIVES: 1. Designate the Shakopee Valley News as the City's official newspaper. 2. Obtain quotes from other newspapers that may qualify as an official newspaper. RECOMMENDATION: Staff recommends alternative #1. Residents of the City are more likely to look for legal notices pertaining to their community in a local publication. RECOMMENDED ACTION: Move to designate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 1997. i:clerk\judy\s\N-0FFi 12-30-1997 4:44PM FROM SOUTHWEST SUB. PUB. 612 445 3333 P. 2 .- Shakopee Valley News December 29, 1997 Ms.Judy Cox,City Clerk City of Shakopee 129 Holmes Street Shakopee, MN 55379 Dear Ms.Cox, Please consider our request for appointment of the Shakopee Valley News as the official newspa- per for the City of Shakopee in 1998. Legal notices published in the Shakopee Valley News during this time period will be billed at the rate of $8.37 per column inch for the first insertion and $6.19 per column inch per subsequent insertions. The city can again take advantage of a lower rate if it submits legal notice copy on floppy disk in ASCII text format. This system worked well in 1997 and allows for a substantial labor savings if the Shakopee Valley News staff does not have to retype the notices prior to them being published in the newspaper. We would also requests that hard copy accompany the disk in the event we have any difficulties transferring data files. The rate for the materials submitted in this manner would be$6.69 per column inch, reflecting a 20% cost savings to the City of Shakopee. In accordance with Minnesota Statute 331A.02,the Shakopee Valley News has met certain qualifi- cations in order to become a legal newspaper to better serve the community.Some of the qualifica- tions we must meet to become a legal newspaper include: distribution of the paper at least once a week for 60 weeks out of the year; be circulated in the local public corporation which it purports to serve,and either have at least 500 copies regularly delivered to paying subscribers,or have at least 500 copies regularly distributed without charge to local residents; have its known office of issue established either in the county in which is lies in whole or in part,the local public corporation which the newspaper purports to serve, or in an adjoining county; file a copy of each issue immediately with the state historical society; etc. These are just a few of the stringent guidelines a newspaper must fulfill in order to become a certified legal newspaper. It is our goal to serve you as your legal newspaper for the coming year. Thank you for the opportunity to be of service to you in the past.We hope that relationship can be continued in the coming year. R ectfully, if r 1 -n Rolfsrud Publisher enclosure 327 Marschall Road • Suite 125 •Shakopee, Minnesota 55379•(612)445-3333 /5: E. /2 . CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Special Assessment Abatement DATE : December 18, 1997 Introduction The County Auditor is requesting that the City abate old delinquent special assessments . Background Involved in the abatement are parcels that are railroad properties and a U. S. Fish and Wildlife parcel . The assessments are for delinquent storm drainage bills from 1987 to 1989 . The county can not write off an assessment without city authorization. They also treat other special charges such as weed cutting and certified utility bills as assessments on their system. Recommendation Abate the assessments . Action Move to abate the code 73 assessments on the following parcels : 27-903013-0 224 . 98 27-001119-0 151 .20 27-001119-1 107 . 74 27-001121-1 53 . 32 27-001124-0 20 . 58 27-001865-0 50. 06 27-003003-0 12 . 38 27-003022-0 107 . 74 Gregg Voxland Finance Director is\finance\docs\gregg\abate6 tt A,00rf ) CITY OF SHAKOPEE /S 6. 13 Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Tour- City Facilities DATE: December 30, 1997 INTRODUCTION: The Council is asked to set a date for interested Council members to tour City facilities. BACKGROUND: City staff would like to offer the opportunity to have interested Council members tour City facilities, so that they get a better idea of what City services are provided. The tour could be set for such things as the Community Center, Public Works and Police buildings, City Hall,the current Fire Station, and the new Fire Station. Future tours might include new residential and commercial developments, and prospective park sites. Tours could be scheduled for a Saturday morning; another possibility is to start at 6:00 PM (or other time in the evening). Recommended starting time on a Saturday morning would be 9:00 AM, or before. A City Transit Van could be used. Spouses of Council members would also be welcome to go along. RECOMMENDATION: The attached calendar shows dates in January when meetings are currently scheduled. Council is encouraged to pick any other dates. ACTION REQUIRED: If the Council wishes to take a tour of City facilities, it should establish a date and time. %JIM/eUii9 Mark McNeill City Administrator MM:tw January 1998 Upcoming Meetings Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 ecem.-r' e,�, City Hall Closed SMTWTFS ' SMTWTFS 1 2 3 4 5 6 1 2 3 4 5 6 7 7 8 9 10 11 12 13 8 9 10 11 12 13 14 14 15 16 17 18 19 20 15 16 17 18 19,20 21 21 22 23 24 25 26 27 28 29 30 31 1 22 23 24 25 26 27 28 4 5 6 7 8 9 10 4:30 PM SPUC 7:00 PM City 6:30 PM Cable 7:00 PM Planning Council Access Advisory Commission Commission 11 12 13 14 15 16 17 18 19 20 _ 21 22 --- 23 2.4 City Hall Closed 7:00 PM City 7:00 PM Planning Council Commission.. 25 26 27 28 _ 29 30 31 7:00 PM Park and Recreation- Community Center Printed by Calendar Creator Plus on 12/22/97 4-0 )061. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator Gregg Voxland, Finance Director FROM: Vernice Takumi, Accountant SUBJECT: Resignation DATE: January 6, 1998 Please accept my resignation effective January 23, 1998. The past 5 years have been a real learning experience for me. Thank you for giving me the opportunity to serve the citizens of Shakopee. 1 have accepted an offer for the position of Accountant with the City of St. Louis Park. 2,4".> 1b. b. CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: DATE: January 6, 1998 Introduction The resignation of Vernice Takumi is on the council table tonight . Time is very important in obtaining a replacement employee. Background Ms . Takumi' s last day is the 23 of January. Due to the workload and the schedule of events in the finance department, a vacancy of more than two weeks causes problems . The hiring process will probably take about 8 weeks before interviews start . Also, the training cycle is fairly long for this position unless we happen to hire someone from another city. Another issue is that this position is currently an Accountant II classification. For 1997 and again for 1998, I had requested that this position be evaluated to see whether a reclassification to Accountant III or Assistant Finance Director was warranted. This evaluation has not been started. Recent advertisements for Assistant Finance Directors have shown a job descriptions very similar to Shakopee' s accountant position. There are few duties in Finance that are easily outsourced. Depending on the person hired, it is likely that the preparation of the annual financial report will to be contracted out to our auditor' s at a cost of $6, 000+ . Staff has prepared the report since 1978 . .. • Recommendation Authorize initiating the hiring process through Scott County and at the same time start an evaluation process to determine the appropriate classification for the position before the advertisements are placed. If any potential reclassification is done before advertising the position, a different pool of applicants may be interested. Action Move to initiating the hiring process through Scott County and at the same time start an evaluation process to determine the appropriate classification for the Accountant position before the advertisements are placed. )1- ) Gregg oxland Finance Director is\finance\docs\gregg\Position