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HomeMy WebLinkAbout06/16/1998 TENTATIVE AGENDA CITY OF SHAKOPEE _ ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 16, 1998 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Approval of Consent Business-(All items noted by an* are anticipated to be routine. After a discussion by the Mayor,there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Recess for an Economic Development Authority Meeting 9] Re-convene *10] Approval of Minutes of May 7, 1998 *11] Approve Bills in the Amount of$1,030,635.81 12] Communications: { A] 1997 Auditor's Report 13] Public Hearings: A] Proposed Vacation of Blanket Easement in the Terrance Addition-Resolution No. 4925 B] Proposed Vacation of Right-Of-Way Easement Adjacent to 1005 S. Miller 14] Recommendations from Boards and Commissions: A] Text Amendment Regarding Setbacks for Decks -Ord.No. 518 15] General Business A] Parks and Recreation TENTATIVE AGENDA June 16, 1998 Page -2- B] Community Development *1. Metropolitan Council Transit Agreements *2. Transit Tax Levy and Budget-Res.No. 4928 C] Public Works and Engineering *1. Accept Resignation of Richard Cheever *2. CSAH 69 and CSAH 101 Signal Agreement-Res.No. 4828 3. Scott County Turnbacks Memo of Understanding *4. Designate Vierling Dr.from CR 15 to Fuller St. as a State Aid Route -Res. 4930 *5. Authorization of Street Cut for St.Mary's Church on 5th Avenue D] Police and Fire 1. Accept Resignation of Sgt. Richard Kaley a. Presentation of Plaque of Appreciation *2. Civil Defense Siren Purchase E] General Administration 1. Manufactured Home Park Closing Ordinance 2. Tobacco Regulations-Ordinance No. 519 3. Awarding Sale of$4,495,000 G.O.Improvement Bonds, Series 1998A-Res. No.4931 4. Amending the 1998 Budget-Resolution No.4924 *5. Application for Tattoo License-David Y. Choe *6. 1998-1999 Intoxicating Liquor License Renewals *7. 1998-1999 3.2 Percent Malt Liquor License Renewals *8. 1998-1999 Wine License Renewals 9. Performance Aid 10. 1999 Budget Calendar 11. Downtown Parking 12. Tax Exempt Bonds-St. Francis Regional Medical Center 13. Set CIP Meeting for Review of Draft 1999-2003 Capital Improvements Program 14. Update on the May 30th Storm Cleanup,Including Discussion of 6/15 Curbside Pickup Deadline,and 6/20 Tree Disposal Site 16] Other Business 17] Adjourn TENTATIVE.AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Adjourned Regular Meeting June 16, 1998 I. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Minutes- May 5 , 1998 4. Financial A.)Approval of Bills 5. Seagate Technology Project;payment of assessments and title work 6. Other Business: 7. Adjourn OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MN REGULAR SESSION MAY 5, 1998 Members Present: Amundson, Brekke, DuBois, Sweeney, and President Link Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer; Gregg Voxiand, Finance Director; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney. 1. Roll Call President Link called the meeting to order at 7:12 p.m. Roll was taken as noted above. 2. Approval of Agenda DuBois/Amundson moved to approve the agenda as presented. Motion carried unanimously. 3. Financial A. Approval of Bills Sweeney/Brekke moved to approve bills in the amount of $77.75 for the EDA General Fund and $434.84 for the Blocks 3 &4 Funds. Motion carried unanimously. 4. Downtown / 1st Avenue Revitalization Committee Appointment Paul Snook said the next highest ranked candidate that is still interested in serving on the Downtown / 1st Avenue Revitalization Committee, as identified by the original Selection Committee, is Pat Schroers, owner of the Tole Bridge Gallery. DuBois/Amundson moved to appoint Mr. Pat Schroers to the Downtown / 1st Avenue Revitalization Committee. Motion carried unanimously. 5. Seagate Parking Lot Agreement Mark McNeill reported that Seagate will be closing with Valley Green Business Park next week. Integral to this is the acquisition of 5.8 acres, currently owned by MnDOT, so that there may be sufficient parking for Seagate employees. He said that because of some environmental concerns Seagate will not take title to the property. As part of the negotiations that have taken place with Seagate, the City will purchase the land from MnDOT and allow Seagate to construct and maintain a parking lot on that site. Official Proceedings of the May 5, 1998 Shakopee Economic Development Authority Page -2- Sweeney/DuBois moved to recommend to the City Council execution of the parking lot development and maintenance agreement with Seagate Technologies, Inc. Motion carried pnanimously. 6 Other Business None 7. Adjournment Sweeney/Amundson moved to adjourn to Tuesday, May 19, 1998, at 7:00 p.m. Motion carried unanimously. The meeting was adjourned at 7:20 p.m. ill • votiA,4,0(./c, .ith S. Cox ' .D.A. Secretary Esther Ten Eyck Recording Secretary CITY OF SHAKOPEE ,Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: June 11, 1998 Introduction Attached is a listing of bills for the EDA, the Blocks 3&4 projects and Seagate for the period 05/29/98 to 06/11/98 . Action Requested Move to approve bills in the amount of $42 .26 for the EDA General Fund, $237 . 50 for the Blocks 3&4 Funds and $112 .43 for Seagate. E.I I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 II H I 0 0 0 0 0 0 0 0 0 0 0 0 0 O II A I . . • It W I 0 0 0 0 0 0 0 0 0 0 0 0 0 O II Ili U 1 II In H to to W 0 0 0 0 (+IM M M 01 11 .-1 H N N N Il) Ln In L l d' d' d' d' H H II _ H 11 O1 M N N N N N N N N N N N N C) II r-I N d• d' V M M M M H H r I 1-1 01 W II N N N N HHHH M A 11 II wnn i1 x CAi) U) 11 HO 0 0 I 1 I O 10 I 01 I I 01 N I H co 01 M coal i c4 i ril k0 In d' W I Z LI) in H fY. rx1 I 'J O 0 0 H A I I-3 0 0 H cn DI a 0 0 H H W CD CJ) Ca rn W H 0 IL, G4 0 O rra A .1 a a DI HH A z HH Z H H rn 1z L] OU 0 0 CL• H H a U H X Cl) co 4 w N a 0 U O3 I: `ll O H 04 H rn H 0 A Z D h 3 P: • Ca H (If U A 1 1 ,o 0 I M H01 H W 1 d' co rn 0 I N Ln H N V O W. l0 CO 01 M 01 U in to to to W co co Co co A to Ln in Ln U Z O O O o 1 I I I co coO coO I a 01 m a% I a% 01 01 01 I H H HH I �� I M O 01 at W I O OO 0 H I .., - er4 I W to to A I 0 0 0 0 * * * * * i. * * i. * * * H in 01 O1 O o 01 01 H M 0 M In 0 U) * H H H d' 0 d' d' 0 d' * 0 01 01 * Z o H H H B0 H 0 HH a I'D M N IX co w H CW: Cl) G+ H Cl) Gr 4: O rl M U H M 0 H M 0 H H V I. 0 > A ar 0 > A d' 0 > A 0 O a 0 aAw H H H H Cs. ch a H 4. 0 0.. H H Ix 1x �] mP4 01 ON Ix A ..7 d'' A A I1 ZZa RG a% 0 0 4 01 0 0 a' 0 o [it 0 H Gs. It. H 0 IL. AHO A A ri rI 4 4 * 0 � 4 * 0 4 < * * A * 0 H H * * .n H O O * ((+l O O * ,in 0 0 * * Gz.. H H H H * d' H H * * 4fr CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Seagate Parking Lot: Payment of Assessments and Title Work DATE: June 12, 1998 Introduction: The EDA is asked to approve payment of general and special taxes and assessments on the MnDOT property associated with the Seagate Technology development project. Payment of these taxes and assessments is necessary to close on the acquisition of this property. Background: At its April 7, 1998 meeting, the EDA approved Resolution No. 98-2, Approving a Contract for Private Development by and Among the EDA, City of Shakopee, and Seagate Technology, Inc. Part of the agreement outlines the City's acquisition of the MnDOT parcel, and retaining ownership as a public / Seagate parking lot. The terms of use and maintenance of the lot are specified in a separate Parking Lot Easement Agreement, approved by the City Council on May 5, 1998. The contract calls for Seagate to advance "the total cost of acquisition of the MnDOT Parcel, including without limitation all closing costs and fees payable by the City in connection with such acquisition". Discussion: The Title Commitment revealed outstanding and delinquent special assessments, identified in Exhibit A, "Schedule B - General Exceptions". According to Public Works Director Bruce Loney,these special assessments are for County Road 16 curb and gutter. Seagate has indicated that it will not pay for the assessments (totaling $1,381.22 plus penalties and interest) since the acquisition of the MnDOT parcel has been delayed and this cost was unexpected. The company is, however, willing to pay for the title work costs, totaling $1,025.00. (See Exhibit B, "Billing Memo" from Scott County Abstract and Title.). If available, a letter from Seagate, explaining their position regarding payment of the taxes and assessments referred to by Scott County Abstract, will be distributed at the June 16 EDA meeting. sgtases.doc Budget Impact: If the EDA agrees to pay for the taxes and assessments, totaling $1,381.22 plus penalties and interest, this could be reimbursed through tax increment from the Seagate TIF district (only if increment remains after the obligation to Seagate is paid) or from pooled increment. Options: 1. Approve payment of assessments, totaling $1,381.22 plus penalties and interest, on the MnDOT property associated with the Seagate Technology development project in order to close on the acquisition of this property. 2. Do not approve EDA payment of assessments on the MnDOT property, and request that Seagate pay such costs as outlined in the Contract for Private Development. Action Requested: Direct staff to proceed with the EDA's preferred option. sgtases.doc CHICAGO TITLE INSURANCE COMPANY ti:+<�:iiiii'i�i}{{•}:6:4:{::i:;ip}iii}i:::iiii]iiiiiiiii:4:•}}}}:{i>.•}}:•:::::.i4tii.. ...{• fi n•�:^}.\•::• f} •i}:}:{}r.{:++h+:F. h}4vw:::}:::}i}:•}:•}:{{.}:{•}:v:G:v:^:•}:^::•:}}i}i}}:•}:•}ii:::::::_.�::::.. .:.. vx. •}•}':�.i ..v. v: :•} ': :• { }•.{:. ': / •�..v:.? vv;vv .v}. .i S Y;: vr:\{vv:;:i:•i.. ...{v.: ..•i+.rr Y..n ormimaistaim SCHEDULE B ExJ111 /r File Number: I-13487 GENERAL EXCEPTIONS Upon payment of the full consideration to, or for the account of, the grantors or mortgagors, and recording of the deeds and/or mortgages, the form and execution of which is satisfactory to the Company, the policy or policies will be issued containing exceptions in Schedule B thereof to the following matters (unless the same are disposed of to the satisfaction of the Company): 1. If an owner's policy is to be issued,the mortgage encumbrance,if any,created as part of the purchase transaction. 2. Defects,liens,encumbrances,adverse claims or other matters,if any created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 3. Rights or claims of parties in possession not shown by the public records. 4. Encroachments, overlaps,boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 5. Easements or claims of easements not shown by the public records. 6. Any lien, or right to a lien,for services,labor, or material heretofore or hereafter furnished,imposed by law and not shown by public records. 7. Taxes or special assessments which are not shown as existing liens by the public records. 8. General and special taxes and assessments as hereafter listed,if any(all amounts shown being exclusive of interest,penalties, and costs): (A) Real estate taxes due and payable in 1998 are in the amount of$117.20 and are unpaid. Base tax is $0.00. Non-homestead. Property Identification No.:27-085-001-0 Delinquent taxes for 1997 in the amount of$127.28 (plus penalty&interest). Obtain statement from County Auditor. Lot 1,Block 1,DCCO 1st Addn Real estate taxes due and payable in 1998 are in the amount of$316.42 and are unpaid. Base tax is$0.00. Non-homestead. Property Identification No.:27-909-001-0 Delinquent taxes for 1997 in the amount of$343.62(plus penalty&interest). Obtain statement from County Auditor. W1/2 SW1/4 9-115-22 Ex 63.8 A platted as Killarney Hills,Ex 2.71 A,Ex 530 A, Ex.74 A,Ex.76 A. COMB 3/96 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Exceptions Continued File Number: I-13487 Real estate taxes due and payable in 1998 are in the amount of$228.52 and are unpaid. Base tax is $0.00. Non-homestead. Property Identification No.: 27-909-001-1 Delinquent taxes for 1997 in the amount of$248.18 (plus penalty&interest). Obtain statement from County Auditor. P/O W1/2 SW1/4 9-115-22 300'x 425.04'x 34639'x 185.6' Real estate taxes due and payable in 1998 are in the amount of$0.00. Base tax is $0.00. Non-homestead. Property Identification No.:27-909-001-2 Note: There are no delinquent taxes of record. .74 A in W1/2 SW1/4 9-115-22 Since the legal description as used at No.3 of Schedule A herein constitutes a tax parcel split, WE REQUIRE the current years taxes be paid in full. (B) Levied or pending assessments,if any. O'CL• 13 (C) Any charges for municipal services (i.e.,water, sewer, correction of nuisance conditions, etc.) are the resonsibility of the parties to this transaction. For information regarding the existence of any such bills, contact the appropriate municipal office. 9. The legal description used at No.3 of Schedule A herein constitutes a tax parcel split. We require the approval of the split be obtained from City of Shakopee Plannmm Department prior to closing and the deed conveying title be stamped accordingly before it is brought to closing. 10. WARRANTY DEED from The State of Minnesota to The City of Shakopee conveying land described on Schedule A. 11. WE REQUIRE that standard form of affidavit, or affidavits,be furnished us at closing. 12. WE REQUIRE Well Disclosure Certificates be completed in typed form prior to closing and furnished at time of closing for all deeds which require a Certificate of Real Estate Value OR the deed must contain the following statement: 'The seller certifies that the seller does not know of any wells on the described real property." 13. OBTAIN RELEASE OF MORTGAGE dated December 30, 1986,filed December 31, 1986, as Document No.228413, executed by Keiran W. O'Brien and Associates, a partnership,to The First National Bank of Shakopee(Now Marquette Bank,NA),in the original principal amount of$480,000.00. Extended to April 1, 1994 by Extension dated April 29, 1993,filed May 6, 1993, as Document No.313095. COMEIC 3/98 NEW ABSTRACTS REGISTERED PROPERTY ABSTRACTS CG NSERVCONTINUATIONS SCOTT COUNTY ABSTRACT AND TITLE,INC. 'THEINSURANCE RECORDING SERVICE 223 HOLMES STREET,P.O.BOX 300 SHAKOPEE,MINNESOTA 55379 Phone 612/445-6246 Fax 612/445-0229 David Moonen and Dale Kutter EV"4 13/11.' BILLING MEMO June 9,1998 The City of Shakopee Your Reference: 129 South Holmes Street Shakopee Minnesota 55379 Paul Snook ORDER NUMBER: I-13487 INVOICE NUMBER:I-13487-01 ORDER REFERENCE: City of Shakopee POLICY(S)APPLIED FOR: 1992 OWNERS POLICY $175,000.00 $0.00 DESCRIPTION AMOUNT Title Insurance and Service Charge $800.00 Name Search(s) $25.00 Abstracting-Title Exam-Tract Check $200.00 TOTAL $1025.00 Remarks: Please,return a copy of this Bill with your Remittance,Thank you. *****ANY QUESTIONS REGARDING THIS BILL PLEASE CONTACT***** ****Peggy Hullander AT 445-6246**** SCBILL 2/97 ' Seagate Seagate Technology 408/438-6550 920 Disc Drive Telex: 176455 SEAGATE SCA Scotts Valley, California Fax:408/438-0558 95066-4544 June 15, 1998 Paul Snook City of Shakopee 129 Holmes Street South Shakopee, MN 55379-3650 RE: Request for Additional payments regarding former MnDOT parcel Dear Paul: I want to thank you for the City's cooperation and assistance in helping with Seagate Technology's anticipated move to Shakopee. But we feel it is our duty to write this letter to express our frustration as we have negotiated with the City regarding the "cost"for the proposed use easement on the MnDOT property. Originally, it was represented that the cost for our use of the subject property was going to "negligible". Then, it was represented to me that a total cost of$20,000 would need to be passed through to us to reimburse the City. As late as February or March, we told that the new cost would not exceed$175,000. This was a surprise since Seagate Technology was budgeting for only $20,000, but we did not complain. Up until early this week, I had been told that the cost would not exceed$175,000. In fact, an exact all-inclusive figure of approximately $174, 500+1- had been quoted. Then early this week,my legal counsel notified me that the City has requested another$1300 for special assessment-related charges. I am requesting that the City honor its not-to-exceed quote of $175,000 . The check has been previously prepared and we are waiting to submit it to the City upon notification that title has been transferred from MnDOT to the City of Shakopee. Sincere] , 07 Geo ey . Mayer Corporate Real Estate CC: Les Beatty -- Seagate Technology Mark McNeil—City of Shakopee 3 d 3330L I399£ 'ON/LV:80 'IS/817:80 86 .9 I '90 (NOW) SHIIIIIOVA d7100 AS.LS WOH. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA MAY 5, 1998 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Amundson, Link, DuBois and Sweeney 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; Paul Snook,Economic Development Coordinator; and Jim Thomson, City Attorney. The Pledge of Allegiance was recited. The following items were added to the agenda: 15.A.4. Amendment of Terms and Conditions to Approve Preliminary and Final Plat of Canterbury Park 5th Addition, 15.C.1. Exemption from No Parking Restriction, and 16.A.1. Rear Yard Set Backs for Decks. DuBois/Link moved to approve the agenda as modified. Motion carried unanimously. The following item was added to the Consent Agenda: 15.A.4. Amendment of Terms and Conditions to Approve Preliminary and Final Plat of Canterbury Park 5th Addition, and 15.B.5. Authorize Hiring of Engineering Technician II. The following items were removed from the Consent Agenda: 15.A.1. Purchase of Replacement Dial-A-Ride Vans, 15.E.1. Interfund Transfers, and 15.E.5. Canterbury Park 5th Addition and Seagate Project-Releases. Sweeney/Link moved to approve the Consent Agenda as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. Paul Snook reported that the organizational structure was discussed at the last Downtown Revitalization Committee meeting in order to expedite the decision making process. The Committee was also educated on the vision and strategic planning process. A decision to hire a consultant to facilitate this process is anticipated at the next meeting. A decision was also made to merge the Downtown Revitalization Committee with the Downtown Business Association. Mayor Brekke gave the Mayor's report. Mark McNeill reported that the board of Shakopee Christmas in May has requested that the City Council declare the week of May 10th through 16th Shakopee Christmas in May Week. • Oficial Proceedings of the May 5, 1998 Shakopee City Council Page -2- Amundson/DuBois offered Resolution No. 4905, A Resolution Proclaiming the Week of May 10th to the 16th Shakopee Christmas in May Week, and moved its adoption. Motion carried unanimously. Mayor Brekke asked if there were any interested citizens present in the audience who wished to address the City Council on any item not on the agenda. There was no response. A recess was taken at 7:12 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting re-convened at 7:20 p.m. Sweeney/Link moved to approve the April 7, 1998, minutes. (Motion carried under the Consent Agenda.) Sweeney/Link moved to approve the bills in the amount of$630,723.82. (Motion carried under the Consent Agenda.) Item 15.B.1. Approving Plans and Advertisement for Bids on the 1998 Street Reconstruction, Project 1998-1 was taken out of the regular order on the agenda. Bruce Loney explained that in order to stay on schedule and get the project completed this year, staff is requesting approval of the plans and specifications and authorization to staff to advertise for bids. The bid letting date is scheduled for June 1, 1998, and if approved, construction could start within two weeks after the date of approval. He addressed the importance of beginning a street reconstruction project with sanitary sewer and watermain replacement as soon as possible in order to complete the project work during the warmer months. The property owners were contacted to help design the plans and an informational meeting was held on April 30, 1998. A total of ten residents were present at that meeting and staff received many worthwhile comments regarding the plan design. The main purpose of the project is to reconstruct the street pavements while replacing sanitary sewer, watermain and service line infrastructure to older streets in Shakopee. Other highlights of the project include: diagonal parking on blocks adjacent to the Scott County blocks, diagonal parking adjacent to the School District and St. Mary's property, a reduced street width to 40 feet on 6th Avenue from Sommerville Street to Spencer Street in order to install new sidewalks and minimize the impact to residents, the completion of sidewalk routes along 6th Avenue, sanitary sewer and watermain reconstruction along 5th Avenue from Scott Street to Holmes Street, and sanitary sewer, watermain, storm sewer reconstruction and new watermain along 6th Avenue from Holmes Street to Spencer Street. Official Proceedings of the May 5, 1998 Shakopee City Council Page -3- In response to a petition from residents opposed to the completion of sidewalks on 6th Avenue, from Spencer Street to Sommerville Street, Bruce Loney explained that the sidewalks are being extended to complete the sidewalk routes in this area. Mayor Brekke asked if there were any interested citizens present in the audience who wished to address the City Council on this issue. Tom Quinn, 537 S Sommerville, approached the podium and stated he was concerned about landscaping changes and tree removal. He said he did not want flat streets, no trees and diagonal parking, and asked that the City Council take this into consideration. In response to a question regarding playground safety concerns and diagonal parking near the playground, Bruce Loney stated that St. Mary's parish is planning major improvements to their parking lot and grounds and requested the diagonal parking. In response to Mr. Quinn's concerns, Bruce Loney explained that Mr. Quinn's house is very close to the right-of-way line and that a six foot sidewalk needs to be placed against the curb so that passengers can open car doors into the walk area. He said this was the minimum acceptable width to accommodate two lanes of traffic and parking lanes. In response to a question as to what allowances the City makes to minimize damage to trees due to reconstruction, Bruce Loney stated that the trees have been inspected and that while ash trees are considered more hearty than others, there is no guarantee they will survive reconstruction. He said the City will remove and replace any damaged trees as part of the tree replacement program. Amundson/Link offered Resolution No. 4902, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 1998 Reconstruction Project No. 1998-1, and moved its adoption. Motion carried unanimously. Item 15.E.3. Manufactured Home Park Closings was taken out of the regular order on the agenda. Mark McNeill reported that All Parks Alliance for Change (APAC), a state organization which represents residents of manufactured home parks, and specifically the residents of the Valley Haven Park, located at 1501 1st Avenue East, has requested that the City consider a change in the City ordinance which would protect residents during a park sale whose manufactured homes cannot be relocated. Mark McNeill explained that Valley Haven Park is for sale and the residents are concerned that due to the age of most of their homes they would not easily be relocated as most parks have a ten year age limit for accepting homes. Official Proceedings of the May 5, 1998 Shakopee City Council Page -4- Mark McNeill stated that State law allows municipalities to regulate park closings and to require payment of reasonable relocation costs to displaced residents. Homeowners can also elect to have their homes bought out at market value by the purchaser of the property if enabled by City ordinance. The operator of the park would also be required to prepare a closure statement, and the City Council would be required to hold a public hearing on the closure. He deferred any legal questions to the City Attorney. Earl Lehman, Valley Haven Park, approached the podium and explained that APAC is a non-profit community organization of manufactured home park residents in the State of Minnesota. He said it is through grassroots organization and leadership development that APAC protects the rights of residents and promotes possible social change. He explained that the Park was originally put up for sale in October, 1997. Later it was rumored that Shakopee Ford had purchased the Park. After some investigation, it was discovered that the Park is on commercial property. He said that the closing ordinance would provide some protection from hardship and asked for whichever is greater, market value or tax value. Althea Rank, Valley Haven Park, approached the podium and presented a history in mobile home living as well as a brief introduction to the neighborhood, giving reasons why the Council should pass a park closing ordinance. She explained that she and her family live,work and play in Shakopee, and that their roots, lives and homes are invested here. When Mrs. Rank asked how long the residents have lived in this park, 9 residents have lived there 10 years or longer, 6 have lived there 5-10 years, 3 have lived there 3-5 years, and 3 have lived there less than 3 years. Their number one reason for choosing to live in a mobile home was because it was affordable or all they could afford to own. The second most important reason for living at Valley Haven was because it was close to work. Most of the residents listed the enjoyment of home ownership, greater privacy, and ability to change the interior and upgrade appliances and utilities, as well the freedom to own pets as their reason for choosing a mobile home. Mrs. Rank explained that the purpose for the ordinance protection is that while they are called mobile homes they are not truly mobile anymore. She said that most parks will not take homes older than ten years or have a waiting list. Some do not allow pets, and some could not go in another park until they met specifications. The cost to upgrade the homes would be prohibitive. In her case, her mobile home is too long. She said that un-like families displaced by fire, flood or tornadoes, they do not have access to insurance in terms of government assistance,and a park closing ordinance would be their insurance. Jim Thomson, City Attorney, explained that State law requires a public hearing on a park closing. He said no public hearing is required on the adoption of an ordinance. Official Proceedings of the May 5, 1998 Shakopee City Council Page -5- DuBois/Amundson moved to direct staff to prepare an ordinance regarding the closure of manufactured home parks and bring back for future consideration. In response to comments relating to relocation or compensation payments, Jim Thomson explained that any payments would be required by the purchasing party rather than the City. Motion carried with Cncl. Link abstaining. The regular order of the agenda was resumed with item 14.A. Preliminary Plat of Roman Place Carriage Homes Addition. Michael Leek reported that this development consists of 160 townhouse style units with 28-unit buildings on a 19.8 acre site and an overall density of 8.08 dwelling units per acre. He said this property was guided for multiple family residential development and was rezoned to R3. The Planning Commission has recommended approval with the conditions included in the resolution. Cncl. Sweeney stated he would be abstaining from discussion and voting on this issue because he knows Mrs. Bernhagen. Dan Blake, Centex Homes, approached the podium and stated that demographics for this type of unit show between four and ten percent of the units will have very young children. He said these homes are an alternative to renting and are almost exclusively first time buyers. The lifestyle of the community and the configuration of the building do not make these attractive to those with families. Over 70 percent of the owners are single, of which a higher percentage are women than men. He said these statistics are very consistent across the Twin Cities. In response to a question regarding owner- occupied, he said these homes are for sale by Centex, however, there is no prohibition that someone would rent them. Michael Leek explained that the Planning Commission had raised concerns regarding rental of these homes. However, because of the proximity of the proposed school park facilities, utilities, and sidewalks and trails, they concluded that additional facilities were not needed to serve the residents on this site. Sidewalks and trails will be included in the final resolution. In response to a question regarding the price range, Mr. Blake stated the prices range from$90,000 to $110,000 to $120,000 to $125,000 for end units. Official Proceedings of the May 5, 1998 Shakopee City Council Page -6- Link/Amundson offered Resolution No. 4894, A Resolution of the City of Shakopee, Minnesota, Approving the Preliminary Plat for Roman Place Carriage Homes Addition, and moved its adoption. Motion carried with Cncl. Sweeney abstaining. Item 15.B.3. Hourly Restrictions on Construction Activities - S. M. Hentges for Southbridge Parkway was taken out of the regular order on the agenda. Bruce Loney reported that S. M. Hentges & Sons, Inc. is requesting a suspension on the hours of operation. The earlier starting time is to expedite the major excavation work in order to work longer hours to meet the schedule for the Southbridge Parkway Project and to minimize the dewatering time of construction. The contractor would like to operate a grading crew for ten hours during the day, and then use the same machine for an additional eight hours during the day to remove the over burden to lay pipe the following day. A 24 hour dewatering operation will be needed to complete the sewer installation, and due to the distance from nearby residences and the fact that most of the deep excavation work is by T.H. 169, staff believes this request should have minimal impact to existing residences. Bruce Loney stated that approval should be contingent upon minimizing the noise exposure near residential areas. In addition, if excessive residential complaints are received by the City,the suspension may be revoked at the discretion of the Public Works Director. Blasting activities must be done between the hours of 8:00 A.M. and 5:00 P.M., and the dewatering pumps must be muffled. In response to a question as to the impact on a full time inspector, Bruce Loney stated that an additional inspector would likely be needed. He said he was more concerned that there is adequate lighting than for the inspection of the sub-cutting operation. A discussion ensued regarding hours for full-time inspectors and costs. Bruce Loney stated that he did not see a need to have an inspector to watch a back hoe dig. Steve Hentges, contractor, approached the podium and explained that they are only removing approximately 200 linear feet of dirt in the evening and if there is any problem the inspector would have all day to correct any problems that may have occurred the previous night. He also stated he did not think it was necessary to have an inspector watch a back hoe dig. In response to a question as to how this project is different from a previous project in which many problems occurred, Bruce Loney explained that the previous project involved a contract dispute and the inspector had nothing to do with the situation. In this case, he said the inspector is necessary to insure proper bedding of the pipe, proper backfill, compaction, and digging up the material. He stated the contractor should be Official Proceedings of the May 5, 1998 Shakopee City Council Page -7- responsible for adequate lighting as a condition, if approved. In response to inspector needs,he suggested 7:00 a.m. to 7:00 p.m. Cncl. Sweeney recommended that the advertised Engineering Tech II position include inspection hours, as needed, that it is not necessarily an 8:00 a.m.-4:30 p.m. position. Jon Albinson, Valley Green, approached the podium and stated that if the developer is going to benefit from speeding up the hours of operation, that he should also incur any additional costs for an additional inspector. He said he was comfortable with the scheduled completion date. Link/DuBois moved to approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by S. M. Hentges & Sons, Inc. as follows, with the conditions outlined by Mr. Loney, and direct staff to publish notice of the suspension: Monday through Friday: Grading Crew- 6:45 A.M. to 10:00 P.M.,May 6 to August 1 Pipe Crew - 5:45 A.M. to 10:00 P.M.,May 6 to August 15 Subcut Machine - 3:30 P.M. to 12:30 A.M., May 6 to July 1 Saturday: 6:45 A.M. to 5:30 P.M. DuBois/Sweeney moved to amend the motion to include additional conditions: muffled dewatering pumps and adequate lighting to be provided by the contractor. Motion carried unanimously. Motion carried unanimously on main motion, as amended. Item 15.E.4. Building Permit Fee Waiver - Bennington Family was taken out of the regular order on the agenda. Mark McNeill explained that the Hope for Holt Committee is working to fund the construction of a new house, which will be fully accessible for Holt. He reported that representatives of the Hope for Holt Committee have asked that the City consider a donation in the form of a waiver of any applicable building permit fees for a home with a construction value of approximately$250,000. Mark McNeill said the issue to consider is whether this would set a precedent. He suggested that, if approved, this be done in a manner that would not set a precedent that would be impossible to reverse at a later time. Official Proceedings of the May 5, 1998 Shakopee City Council Page -8- A discussion ensued regarding setting a precedent for individuals. Cncl. Link suggested deducting the handicap costs from the building permit fees. Although Councilmembers were sympathetic,there was no action taken to waive the building permit fees. The regular order of the agenda was resumed with item 15.A.1. Purchase of Replacement Dial-A-Ride Vans. Michael Leek reported that the City was awarded $180,000 for the purchase of replacement Dial-a-Ride vans. The vans are currently being used by Laidlaw, Inc., and have become increasingly difficult to keep in repair. The City would be able to purchase under an existing contract and it may be possible to purchase four vehicles instead of three with the $180,000. A discussion ensued regarding safety features for children in one of the vehicles and cooperation between Dial-a-Ride and the School District. Michael Leek stated that he would invite Ron Ward from the School District to meet with him and discuss options for the acquisition of vans and coordinating services. A discussion ensued regarding pre-school transportation through the School District rather than using Dial-a-Ride. DuBois/Amundson moved to authorize the appropriate City officials to negotiate and execute the purchase of up to four Dial-a-Ride vans at a total cost not to exceed$180,000. Motion carried unanimously. Michael Leek reported that notice of the Environmental Assessment Worksheet (EAW) for the Pheasant Run Residential development was published and the review and comment period was closed on April 22, 1998, and responses to comments have been provided. Staff has determined that there is no need for an Environmental Impact Study (EIS) and recommends a negative declaration for the need for an EIS. Link/DuBois offered Resolution No. 4904, A Resolution Making a Negative Declaration on the Need for an Environment Impact Statement for the Proposed Pheasant Run Project, and moved its adoption. Motion carried unanimously. Sweeney/Link offered Resolution No. 4895, A Resolution Setting the Public Hearing Date to Consider the Vacation of an Easement Within Westridge Lake Estates, 2nd Addition,and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4906, A Resolution of the City of Shakopee, Minnesota, Approving the Preliminary and Final Plats of Canterbury Park 5th Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Official Proceedings of the May 5, 1998 Shakopee City Council Page -9- Sweeney/Link offered Resolution No. 4893, A Resolution Receiving a Report and Calling a Hearing on an Improvement to 17th Avenue, From 1/4 Mile West of County State Aid Highway 17 to County State Aid Highway 17 Project No. 1998-4 and moved its adoption. (Motion carried under the Consent Agenda.) A recess was taken at 8:55 P.M. The meeting re-convened at 9:05 P.M. Bruce Loney reported that discussions have taken place with Gene Hauer, representing Gene Hauer Farms,relative to the proposed construction of an earth berm on the new Fire Station site. The property owners adjacent to the fire station do not want a berm constructed on their property. Excessive noise issues were raised by several residents in the Hauer's 4th Addition and several conversations have been held with James Hansen of Mn/DOT and Brian Timerson of Metropolitan Pollution Control Agency (MPCA) on the noise standard, permit procedures and the possibility of constructing a noise barrier. Mn/Dot has concluded that they met the MPCA rules by constructing the highway according to their permit. Mn/Dot also believes that any noise mitigation should be the responsibility of the City or future developer on the Gene Hauer Farms site west of the Fire Station No. 2 site. Jon Albinson of Valley Green Business Park is willing to have his contractor construct a berm but does not have the property owner's permission to do so. Costs totaling approximately $3,000 will be incurred by Valley Green Business Park to construct the berm on the City site and there are extra costs in grading the soil and removing and replacing the topsoil prior to seeding. DuBois/Sweeney moved to authorize the payment of $3,000 to Valley Green Business Park for constructing a berm on the Fire Station site to be paid from the Contingency Fund. Motion carried unanimously. DuBois/Sweeney moved to direct staff to amend the grading permit associated with the excess fire station property and include the earth berm construction on the Fire Station No. 2 site. Motion carried unanimously. Sweeney/Link moved to authorize the appropriate City staff to utilize Scott County in advertising and hiring an Engineering Technician II and direct staff to prepare a budget amendment for this budget impact. (Motion carried under the Consent Agenda.) Sweeney/Link moved to authorize an exemption from the "No Parking" restriction in the 1200 block of Fourth Avenue East during the reconstruction of the parking lot at 1221 Fourth Avenue East. (Motion carried under the Consent Agenda.) • Official Proceedings of the May 5, 1998 Shakopee City Council Page -10- Sweeney/Link moved to authorize the appropriate City officials to hire Ideal Paving Company to construct a bituminous trail in O'Dowd Lake Park from the fishing pier to County Road 79 and allocate up to $12,500 from the Park Reserve Fund for the project. (Motion carried under the Consent Agenda.) Gregg Voxland explained proposed transfers and that they would bring the General Fund balance down closer to the target fund balance level. Cncl. Sweeney explained that the transfers are relatively safe and that the $700,000 transfer to the Building Fund can be recaptured if placed in the Building Fund or the Equipment Fund. He suggested waiting to discuss lowering the General Fund balance further until there is a clearer understanding of the impacts of the shifts in the multipliers that will have a maximum impact on property under$75,000. Sweeney/Link moved to approve the following transfers: From General Fund to 94 Improvement $400,000.00 From General Fund to Building Fund $700,000.00 From TIF#1 to Debt Service $124,000.00 From TIF #1 to Debt Service $427,000.00 From TIF#1 to Debt Service $394,000.00 From TIF #1 to Debt Service $265,000.00 From TIF#3 to TIF#1 $ 34,739.38 From TIF#6 to TIF #1 $ 7,893.09 From TIF #7 to TIF#1 $ 43,276.74 From TIF Drainage to BL 3 &4 (close drain)$ 10,606.69 From TIF#1 to BL 3 &4 (project funding) $ 511,000.00 Motion carried unanimously. Sweeney/Link moved to direct the appropriate City officials to execute the agreement to modify the Declaration of Restrictive Covenants for Riverview Estates Second Addition. (Motion carried under the Consent Agenda.) Judith Cox, City Clerk, reported that Jon Albinson, Valley Green Business Park, has requested the release of an easement and developer's agreements to facilitate the platting of Canterbury Park 5th Addition. Secretariat Drive dead-ended when Canterbury Park 2nd was platted and with the new plat, the City has no need to retain the easement for the temporary cul-de-sac. The conditions in the Developer's Agreements have been met with the exception of a proposed sidewalk on the north side of Secretariat Drive. With the Seagate project there will now be a trail along the new 12th Avenue, and a decision must now be made as to whether or not to have a sidewalk along the north side of Secretariat Drive. Official Proceedings of the May 5, 1998 Shakopee City Council Page -11- Michael Leek explained that during early discussions between the developers and Seagate, it was anticipated that the proposed trail on the collector street would substitute for the sidewalk on Secretariat Drive. He said it would be appropriate that the sidewalk requirement is no longer necessary due to the changed circumstances. Sweeney/DuBois moved to authorize the appropriate City Officials to execute the release of the Developer's Agreements for Canterbury Park 2nd and 4th Additions, noting that Mr. Leek's comments regarding the sidewalk and trail are part of the motivation for the release. Motion carried unanimously. Link/Sweeney moved to authorize the appropriate City Officials to execute a Termination of Temporary Cul-de-sac Easement for property located west of vacated Secretariat Drive. Motion carried unanimously. Sweeney/DuBois moved to direct the appropriate City officials to execute the agreement with Seagate Technologies, Inc. for the parking lot agreement. Motion carried unanimously. Mark McNeill stated that he had anticipated having a document to execute between the City and the Dept. of Transportation obligating the City to purchase 5.8459 acres currently owned by Mn/DOT and adjacent to the Seagate site. However, after a great deal of discussion with Mn/DOT, it has been determined that they are not in a position to offer this. However, they have outlined their expectations and after further discussion with Seagate, is acceptable to them, and they are scheduled to close with Valley Green Business Park for the purchase of 26 acres. The 5.8 acres will be offered to the City at $175,000 after a survey is completed by Mn/DOT. (The City will purchase the 5.8 acres with funds advanced by Seagate. The funds will be reimbursed to Seagate on a pay-as-you-go. The land will be improved for a parking lot which will be used by Seagate employees and others.) Cncl. Sweeney stated that this does not constitute an irrevocable expenditure of City funds, and that as they are expended, they will be recovered. Cncl. Link reported receiving a number of calls regarding deck construction. He asked if the ordinance might be changed so that the rear-yard setback on a structure remain at 30 feet but change the deck requirement to a 25 foot setback. Michael Leek explained that the problem is that when lots are platted, and because there is no minimum lot area requirement in Shakopee, the front yard set back is met with the house as well as the rear yard setback. If there is a patio door on the back of the house (it Official Proceedings of the May 5, 1998 Shakopee City Code Page -12- does not fall within the ordinance change made last year)there may be anywhere from no feet to two to three feet available for a deck. There being a patio door sends a message that a deck can be erected. Link/DuBois moved to direct the City to apply for five foot Ordinance change for deck setbacks. (This would allow a deck to be 25 feet from the lot line versus the current 30 foot requirement.) Motion carried unanimously. Sweeney/DuBois moved to adjourn to May 19, 1998, at 7:00 P.M. Motion carried unanimously. The meeting was adjourned at 9:34 P.M. AP 4Ciiik IF) . Ofi( ith S. Cox ity Clerk Esther TenEyck Recording Secretary 1 4/. / CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: June 11, 1998 Introduction and Background Attached is a print out showing the division budget status for 1998 based on data entered as of 06/11/98 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191) , Blocks 3&4 (codes 9439 & 9447) and Seagate (code 9450) in the amount of $392 .19 . Action Requested Move to approve the bills in the amount of $1, 030, 635 .81. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 06/11/98 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 -0 0 11 MAYOR & COUNCIL 65,330 1,768 20,777 32 12 CITY ADMINISTRATOR 225,000 5,785 74,092 33 13 CITY CLERK 182,430 5,916 66,934 37 15 FINANCE 326,090 10,748 115,684 35 16 LEGAL COUNSEL 253,500 0 101,437 40 17 COMMUNITY DEVELOPMENT 474,700 15,290 178,167 38 18 GENERAL GOVERNMENT BUILDINGS 153,890 4,567 38,944 25 31 POLICE 1,786,920 84,150 765,885 43 32 FIRE 482,560 8,509 153,442 32 33 INSPECTION-BLDG-PLMBG-HTG 261,400 7,471 89,686 34 41 ENGINEERING 442,010 14,553 158,625 36 42 STREET MAINTENANCE 828,580 28,185 248,389 30 44 SHOP 125,890 4,194 44,488 35 46 PARK MAINTENANCE 373,940 8,238 141,455 38 91 UNALLOCATED 635,480 4,191 366,864 58 TOTAL GENERAL FUND 6,617,720 203,564 2,564,869 39 17 COMMUNITY DEVELOPMENT 485,570 1,168 145,229 30 TOTAL TRANSIT 485,570 1,168 145,229 30 19 EDA 156,600 1,842 24,946 16 TOTAL EDA 156,600 1,842 24,946 16 ri (1) tn at ICI. a gg :4I., H H H H H H H H H H H H H H H H H H H H H H H H H H H 0 0 0 _ x IXW OW 04 D z O H ZH H OOcococoaDa)Daoco000OO OO 1 W 0 CO O 01 O1 01 01 01 01 01 01 01 01 01 01 O1 O1 01 O1 N U ri 0101 010101010100101010101010101 0101 01 H 0 ri N t` M grr Ln VD t0 ri H ri ri ri 1•1 ri ri ri ri ri H ri ri ri ri W 0 01 O M M M S m m m co M o O C' > to totON N to to to COO WWWWWWWWWWWWWW WW to M to H Z UI U)U)01 0 t1) In Ln NN gzzzzgzzzzzzzz zz to a) 1n 1 H 0 000 10 0 0 0 riri t7�7O"O".�DPDDOSDDD D � 0 N o 0 o O0ri 0 o O to Lf) 17 l7rji'] r7I•l'] r7�]i'] o N o w 0 000 10 0 0 N un c) ri ri ri ri ri ri H H riH riH rit0 CD VD 0 O H o Er N ri Ln ri CO m 0 co OM M M M M M M M M M on M M MN 141 Cs N to N H zC4 M NMN H 0 N ri Mr- ri H ri ri ri riH ri H H H riH ri r-iH m N m N D W d• dr N H N N TP M Tr dr dr dr d•Tr Vr dr I,T0 dr dr Tr N H N Tr Tr dr d' 0 f� I , , , I , I I , , , , , , , , i , I , , , , , I , , , , I OX H ,,Is rHH N 0 0 N HO O o 000 ri 0000000N NN H H N H U M M LnHN H to d' H ri ri N M Ln N O 01H M ri N dr 04 U ri ri ri m eN Ln N 4Z 14 L-o1ref 01 N O O1 r-r- ri ri riri riH M M eL Tr Tr 0101 Tr Tr m m O O 0 O O 01 01 0 O 01 O o 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 O 2 y W W D H 4 Xi Ca ea gg _ Z co z co a) H 0 W H W W 7.4 C7 a) >+ >+ iX er aa0 CO a a H E cl a U CO w Ca HH WHw a -i ,ax s a) O W W w W w co W w w W W W W W W a -- a DGgD p; U >i C.) x C4Eta ELI a Du a. .Wfz,G.wwa+W CL+ D U op 01 rX rg Z W U HHHHHHHHHHHHHH H W a) co W �0. z Ca Cu at Du .1.1.1.1.1.1.1.1.1.1.1.1.1.1 N,.1 Cl) W L7 cm �sxx..axxut�.a,ax�t�turx 0'a Q Z Z H Q C0 EHE •7 U H Ei G 'Z xxxxxx=ZM=Z=ZZ E-1 cn3x CW7 ' 0 H Z s ogE-,,g og y, an H WO EECsEEE♦EEEEEEE+E+ Tr E-4 RC Ca a og E, xZC H E+ O ax aaaaaaaaaaaaaa u).1 E U W x WHW z F a OGH �����2�����rC��FC o� Cl) 0 ,] W O ao:a W W W co 2D aa WWWWWWWWWWWWWW HW O W W a ri a Oto A C)+ 1) 2 C)4C xxxxxxxxxxxxxx Ox a Z E 0 rf Cn a)oWa)Wa)WW co a)cnm 01 alai a a) z g4 D4 WW WWWWWWWWWWWWWW HH H fgg � U E+El D>>>>> >>>9»> EES W Z 4 4 H H H H H H H H H H H H R H r4 FC > u., co H 33 EEEEHEIHEELEEElEE fax x H C7 WW ggggggggggggggggggggggggrtgg WW U W ,a E cn axxxxaaaaxxafxa ao. z m U1EEEEElEEEEEEEEE 00 H a x gg 0 fn CO CO U/fn CO CO fn CA fn CO Cn CA U] 00 Cn 4 a' C4 000 r4 U Cu 33 HHHHHHHHHHHHHH UU iX U U) a O W UUU Z 0 ZZZZZZZZZZZZZZ W W W 2 a) aaa OH Az > HH XX XZZXZGXXXZXZZAX 014 ai w w a > X al 4 a A g] ga�agaQ�aQ�a�aQqaqa�aQ� as X 0 3 U E-4 aaa Z o w 00 aa4aaaaaaaaaaa WW Cn D Z 0 a) > 0 C.)C.) 44 *44444*44444 4 a)a) 0 4 E U a afxa C4 4 zzzzzzzzzzzzzz a D 000 W 0 E 00 00000000000000 C)C.) 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CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: 1997 Auditor' s Report DATE: June 5, 1998 Enclosed is a copy of the 1997 Comprehensive Annual Financial Report for the City of Shakopee that is prepared by city staff. There is a great deal of information in the report and some of it is summarized in the letter in the introductory part of the report . The report is laid out so that the summarized data is on pages one through eight with the accompanying notes immediately following. More detailed financial data comes after the notes. Staff normally does not make a presentation to Council at a meeting because the information is in the written report . If council members have questions, please feel free to call or meet with me to review the report . Council has retained the firm of Deloitte & Touche LLP. to audit the city' s financial records and make a report to council . Enclosed is a communication from the auditors. Their opinion on the report is page XIII and their compliance report is page 122 of the report . At the council meeting of June 16, 1998, the auditors will present their report to council . It is expected that Cliff Hoffman - Partner and Mike Warmka - Audit Senior will make the presentation. is\finance\docs\cafr\audit698 Deloitte & Touche LLP /IN 400 One Financial Plaza Telephone:(612)397-4000 120 South Sixth Street Facsimile:(612)397-4450 Minneapolis, Minnesota 55402-1844 May 15, 1998 Honorable Mayor and Members of the City Council Shakopee,Minnesota The approach of the year 2000 presents significant issues for many financial,information,and operational systems. Many systems in use today may not be able to interpret dates after December 31, 1999 appropriately because such systems allow only two digits to indicate the year in a date. As a result, such systems are unable to distinguish January 1,2000 from January 1, 1900,which could have adverse consequences on the operations of the entity and the integrity of information processing,causing safety, operational,and financial issues. Our audit of the City of Shakopee's(the City)general purpose financial statements for the year ended December 31, 1997 does not provide any assurances,nor do we express any opinion,that the City's systems or any other systems,such as those of the City's vendors,service providers,customers, or other third parties are year-2000 compliant. In addition,we were not engaged to perform,nor did we perform as part of our audit engagement,any procedures to test whether the City's systems or any other systems are year-2000 compliant or whether the plans and activities of the City are sufficient to address and correct system or any other problems that might arise because of the year 2000,nor do we express any opinion or provide any assurances with respect to these matters. However,during our audit,we made limited inquiries about the City's activities to address the year-2000 issue. We provided city management with a comprehensive list of questions pertaining to the year-2000 issue,and requested management to prepare responses to the questionnaire(see attached)based on their understanding of the City's system year-2000 compliance. We have received and reviewed city management's responses to the year-2000 questionnaire,but have not performed any procedures to test the accuracy or completeness of the responses to our inquiries,though we have included our observations resulting from those inquiries in the following paragraphs. Our observations are appropriate as of the date of this letter. Because year-2000 activities are currently in process,we may have had additional observations had we made inquiries after the date of this letter. Accordingly,we encourage management and the City Council to continue its oversight of the City's year-2000 activities. Management informed us that the City has discussed year-2000 issues at several meetings of department heads. Each department head is responsible for equipment and systems used by their department and the information systems technician is responsible for the City's local-area(LAN)and wide-area(WAN) networks. All significant software that the City uses is vendor supplied,with the critical applications being supplied by LOGIS. The City has received assurances from LOGIS that the software is either currently year-2000 compliant or that updates scheduled to be completed by mid-1998 will make it compliant. Certain hardware that is not compliant will be replaced as part of the 1999 budget. The City does not anticipate significant costs to upgrade its systems to year-2000 compliance. DeloitteTouche Tohmatsu Honorable Mayor and Members of the City Council of Bloomington May 15, 1998 Page 2 Based upon such discussions,we encourage management to continue to formalize their process in a written plan which would guide the project throughout its implementation. We also recommend that management include compliance testing procedures together with a business and technology contingency plan in the overall formalized year-2000 plan. Finally,we encourage the continual communication between management,senior management,and the City Council as this plan is implemented. This report is intended solely for the information and use of management,the City Council,and others within the organization. Yours truly, Appendix Year 2000 questions: a. Has a written high-level plan that outlines the City's procedures for the year-2000 issue been developed? Has the plan been reviewed by senior management? Was a copy(or appropriate summary)provided to the audit committee(City Council)? Does the plan include an estimate of the total costs of the year-2000 project? When was the last time that estimate was updated? b. Has the City identified and scheduled a sufficient number of personnel and processing resources to address the year-2000 issue and to accomplish all of the objectives set forth in the City's year-2000 plan? Does the plan describe the resources that are needed? Have the costs of these resources been included in the City's budgets? c. . Does the plan include a timetable of expected completion dates for various phases of the projects (i.e.,key milestones)? Are the City's year-2000 activities on schedule? d. Does the plan include a process for preparing(or updating)a comprehensive inventory of financial,informational,and operational systems? Has this inventory been completed? If not, when will it be completed? e. When will all of the systems that are critical to the operations of the City be identified? Has this date been included within the written plan? f. What procedures are in place to identify those critical systems that are negatively impacted by the year 2000? Are these procedures documented in the plan? What percentage of the critical systems has been subject to these procedures? What were the results of those procedures? When will these procedures be completed for all of the critical systems? g. What is the City's plan for fixing critical systems that are negatively impacted by the year 2000 (e.g.,code renovation,replacement,upgrade,development of "work-arounds")? Has this been documented in the year-2000 plan? h. When do you expect all critical systems to be year-2000 compliant? Has this date been documented in the plan? What percentage of the City's critical systems is now year-2000 compliant? Are there critical or noncritical systems that may not be completed by the required completion date? For every critical system with year-2000 problems, is there a detailed project plan for resolving the problems or for replacing the system;have required personnel and processing resources been estimated; and have experienced project managers and technical staff been assigned? For every critical system with year-2000 problems, is there a detailed schedule for . problem resolution or system replacement;does the schedule include the required and expected completion dates,measurable milestones,and expected performance metrics;and does project progress, as measured by achieved milestones and actual metrics,suggest that the project will be completed on time? i. What procedures are in place to test those critical systems that are considered to be year-2000 compliant? Are these procedures documented in the plan? Have the processing resources required for renovations and testing been estimated,and has a testing environment with adequate capacity been established? What percentage of the critical systems has been subject to these procedures? 3 What were the results of those procedures? When will these procedures be completed for all critical systems? Has this completion date been documented in the plan? j. What procedures are in place to determine that the systems of your key vendors,service providers, customers,and unconsolidated subsidiaries and joint ventures in which you have a material investment are year-2000 compliant? Are these procedures documented in the plan? What percentage of your key vendors,service providers,customers,and unconsolidated subsidiaries and joint ventures in which you have a material investment has been subject to these procedures? What were the results of those procedures? When will these procedures be completed for all of your key vendors, service providers,customers,and unconsolidated subsidiaries and joint ventures in which you have a material investment? Has this completion date been documented in the plan? k. What procedures are in place to mitigate the City's risk of litigation and noncompliance with government regulations as a result of year-2000 operating problems or product/service failures? Have these procedures been documented in the plan? Has the City's general counsel reviewed the plan? 1. What contingency plans are in place,or planned,if systems fail to function properly? Have these plans been tested or challenged for feasibility? Are there critical and unique high-volume systems for which a contingency plan may not be possible? m. Who has oversight responsibility for this year-2000 project? How do they fulfill this responsibility (e.g., interim status reports,exception reports that identify departures from schedules early enough for corrective action)? Who verifies the accuracy of the reporting to this oversight body (individual)? n. Are senior management and the audit committee(City Council)kept up to date on your year-2000 activities and the results of those activities? When was the last communication to senior management? When was the last communication to the audit committee? o. Has the year 2000 impacted current or prior-year operations? Has the year 2000 impacted current or prior-year management or financial reporting? p. What year-2000 issues cause you the most concern? 4 Deloitte & Touche LLP 400 One Financial Plaza Telephone:(612)397-4000 120 South Sixth Street Facsimile: (612)397-4450 Minneapolis,Minnesota 55402-1844 May 15, 1998 Honorable Mayor and Members of the City Council City of Shakopee,Minnesota To the Honorable Mayor of Shakopee and City Council Members: We have audited the general purpose financial statements of the City of Shakopee,Minnesota(the City) for the year ended December 31, 1997 and have issued our report thereon dated May 15, 1998. We did not audit the financial statements of the Electric and Water Funds included within the enterprise fund type,which represent 39%and 73%of the total assets and revenues of the enterprise fund type, respectively. Those statements were audited by other auditors whose report has been furnished to us,and our opinion on the City's general purpose financial statements, insofar as it relates to the amounts included for the Electric and Water Funds, is based solely on the report of the other auditors. Our professional standards require that we communicate with you concerning certain matters that may be of interest to you in fulfilling your obligation to oversee the financial reporting and disclosure process for which management of the City is responsible. We have prepared the following comments to assist the Mayor and City Council in fulfilling that obligation. Our Responsibility under Generally Accepted Auditing Standards: Our responsibility under generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States,has been described to you in our engagement letter dated August 13, 1997. As described in that letter,those standards require,among other things, that we obtain an understanding of the City's internal control to enable us to properly plan our audit and to determine the nature,timing,and extent of the audit procedures to be performed. We have also issued a separate report to you,dated May 15, 1998, containing our comments on the City's internal control. Significant Accounting Policies: The City's significant accounting policies are disclosed in the notes to the general purpose financial statements. There were no significant changes in these policies during 1997,except as follows: As discussed in Note I.C.13.to the general purpose financial statements, in 1997 the City changed its method of accounting for Section 457 Deferred Compensation assets and related liabilities to conform with Governmental Accounting Standards Board(GASB)No. 32,Accounting and Financial Reporting for Internal Revenue Code Section 457 Deferred Compensation Plans. DeloitteTouche Tohmatsu Honorable Mayor and Members of the City Council City of Shakopee May 15, 1998 Page 2 New Accounting Pronouncements: In 1997,the Governmental Accounting Standards Board issued GASB No.31,Accounting and Financial Reporting for Certain Investments and for External Investment Pools,which requires that investments be reported at fair value in the balance sheet with changes in the fair value of investments reported in the operating statement. This standard is effective for the City in 1998. Management Judgments and Accounting Estimates: Accounting estimates are an integral part of the financial statements prepared by management and are based upon management's current judgments. Those judgments are normally based on knowledge and experience about past and current events and assumptions about future events. All of the significant management judgments and accounting estimates in the 1997 general purpose financial statements were normal and recurring and were determined on a basis consistent with that used in prior years. Other Information in the Annual Report: When audited financial statements are included in documents containing other information, such as the City's Comprehensive Annual Financial Report,generally accepted auditing standards require that we read such other information and consider whether it,or the manner of its presentation, is materially inconsistent with the information,or the manner of its presentation, in the general purpose financial statements audited by us. We have read the other information in the City's Comprehensive Annual Financial Report and have inquired as to the methods of measurement and presentation of such information. If we had noted a material inconsistency,or if we had obtained any knowledge of a material misstatement of fact in the other information,we would have discussed this matter with management and, if appropriate,with the Mayor and City Council. Disagreements with Management: We had no disagreements with management regarding the application of accounting principles,the basis for management's judgments about accounting estimates,the scope of our audit,disclosures to be included in the general purpose financial statements,or the wording of our report on the 1997 general purpose financial statements. Difficulties Encountered in Performing the Audit: We experienced no difficulties in dealing with management relating to the performance of our audit. We received the full cooperation of management and staff. Our audit scope was essentially the same as reviewed with you in our August 13, 1997 engagement letter. We believe that we have direct and unrestricted access to the City'ssenior management and to the Mayor and City Council. Honorable Mayor and Members of the City Council City of Shakopee May 15, 1998 Page 3 * * * * * This report is intended solely for the use of the Mayor and City Council and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report,which,upon acceptance by the City, is a matter of public record. We will be pleased to further discuss this report with you at your convenience. Yours truly, Deloitte & Touche LLP 400 One Financial Plaza Telephone:(612)3974000 120 South Sixth Street Facsimile:(612)397-4450 Minneapolis, Minnesota 55402-1844 May 15, 1998 Honorable Mayor and Members of the City Council City of Shakopee,Minnesota We have audited the general purpose financial statements of the City of Shakopee,Minnesota(the City) for the year ended December 31, 1997 and have issued our report thereon dated May 15, 1998. In connection therewith,we submit this Commentary Report containing our observations and recommendations concerning administrative and operating matters which resulted from our audit of the City's fiscal 1997 general purpose financial statements,as set forth under the following main captions: Section I—Current-Year Comments and Recommendations Section II—Follow-up on Prior-Year Comments and Recommendations The comments and recommendations contained in this letter are intended to be constructive in nature and should be read in that context. In working together with the City's Finance Department, we feel that our objectives are mutual;namely,the improvement of internal accounting controls and administrative and operating procedures to the extent that they are both efficient and effective in accomplishing the financial reporting objectives of the City. This report is intended solely for the use of the Mayor and the City Council,management,and others within the City. This restriction is not intended to limit distribution of this report, which is a matter of public record. Yours truly, _ DeloitteTouche Tohmatsu SECTION I-CURRENT-YEAR COMMENTS AND RECOMMENDATIONS Policies and Procedures Manual: Observation: The City currently does not have a complete formal accounting policies and procedures manual. Though the finance and accounting staff is not large,growth in accounting staffing and functions, including expansion to an off site recreation facility and turnover in the Finance Department have made daily accounting functions more complex and difficult. Additional workloads for existing department employees have made it difficult to maintain all the procedures typically performed. Training of staff, especially the new accountant was also more challenging because of the absence of a complete procedures manual. The additional demands on the department's resources did not compromise internal control,however,it did reduce the amount of time available to pursue other value-added activities planned by the department. Recommendation: The City Finance Department should complete the development of the accounting policies and procedures manual. The manual should document all daily,weekly,monthly, and annual procedures to be performed to ensure the security of financial assets and accuracy of financial records; including the handling of cash receipts and disbursements,property and payroll records,and journal entry procedures. Such a manual could provide documentation of daily routines,responsibilities and the controls over such activities,and would assist individuals with certain procedures that occur only monthly or annually. It would also be a useful tool in training and cross-training employees so that future department expansion or turnover would not place undue burdens on the department's resources.Other possible advantages include time savings that could be invested in further developing other reporting tools offered by the LOGIS financial applications or other activities previously set aside due to time constraints. Internal Service Fund: Observation: The City has nearly$3.3 million invested in building and improvements on which it does not record depreciation expense as these assets are in the general fixed asset account group. The City does not currently have the means of charging the use of these facilities,including depreciation expense,back to each department of the general government. Consequently,funding for future expansion and replacement of facilities could be difficult and could result in significant costs incurred at one time. Generally,internal service funds are established for equipment and information systems as a means of providing for the maintenance and replacement of these critical fixed assets. Internal service funds follow the accrual method of accounting, which is similar to the private sector,and,as such, records depreciation expense,which would be charged to the City's departments as user fees. 2 Recommendation: The City should consider expanding its use of internal service funds to include buildings. The costs incurred for the use of facilities should be charged to all departments based on their relative usage. Doing this will help the City provide for the expansion and replacement of facilities in the future through a level funding mechanism that will reduce spikes in General Fund expenditures. Additionally,much of the General Fund revenue currently being generated by the increased development within the City that exceeds current operating needs can be segregated from the General Fund's fund balance through these charges and designated for future public building needs. Billing of City Engineering and Administration Charges: Observation: The City charges private developers for engineering and administrative services provided by the City on various private development projects. A portion of these charges are typically billed when a project is partially complete,with the remaining charges billed upon project completion. D&T noted instances at year end where charges for projects completed during the year were not billed for 2 months or more and the payments were not received for an additional 1 to 2 months after being initially billed. Though the delays in billing and collections are often the result of negotiations or disputes between the City and the developers,the City usually has provided significant engineering and administrative services for which it has not been timely reimbursed. This investment by the City often remains uncollected for 4 months or more. Recommendation: The City should consider billing developers for the City's engineering and administrative services provided to a project on a more timely basis,especially if it appears the City will have a significant investment in a project. Establishing appropriate billing and collection terms when a development project is initiated would facilitate the process. Additionally,engineering calculations should be done for all projects periodically to determine the City's extent of services provided for which it has not billed. Collections should also be pursued to ensure they are paid in a reasonable period of time. Doing this will allow the City to better manage its cash resources. Financial Reporting Model: Observation: During 1997,the Governmental Accounting Standards Board(GASB)issued a proposed statement, Basic Financial Statements and Management's Discussion and Analysis for State and Local Governments, in an exposure draft format. This proposed statement establishes accounting and financial reporting standards for general purpose financial statements and management's discussion and analysis (MD&A). It establishes the general outline and minimum content of the comprehensive annual report (CAFR). The new components of a CAFR are established as: A. Introductory section 3 B. Financial section (1) Management's discussion and analysis (2) Basic financial statements(including an entity-wide perspective and a fund perspective) (3) Required supplementary information (4) Combining and individual fund statements and schedules • C. Statistical section The major changes in the current reporting model represent the MD&A section and basic financial statements,which include statements prepared from both an entity-wide perspective and a fund perspective. The requirements of the exposure draft are effective for financial statements of periods beginning after June 15,2000. Recommendation: The City should review the provisions of the exposure draft on state and local governments' basic financial statements and determine the appropriate changes that will need to be made to the City's current financial reporting model when adopted. Year-2000 Issue: Observation: The approach of the year 2000 presents significant issues for many financial, information,and operational systems. Many systems in use today may not be able to interpret dates after December 31, 1999 appropriately because such systems allow only two digits to indicate the year in a date. As a result, such systems are unable to distinguish January 1,2000 from January 1, 1900,which could have adverse consequences on the operations of the entity and the integrity of information processing,causing safety, operational,and financial issues. Our audit of the City's general purpose financial statements for the year ended December 31, 1997 does not provide any assurances,nor do we express any opinion,that the City's systems or any other systems, such as those of the City's vendors, service providers,customers,or other third parties are year-2000 compliant. In addition,we were not engaged to perform,nor did we perform as part of our audit engagement,any procedures to test whether the City's systems or any other systems are year-2000 compliant or whether the plans and activities of the City are sufficient to address and correct system or . any other problems that might arise because of the year 2000,nor do we express any opinion or provide any assurances with respect to these matters. However,during our audit,we made limited inquiries about the City's activities to address the year-2000 issue. We provided city management with a comprehensive list of questions pertaining to the year-2000 issue,and requested management to prepare responses to the questionnaire based on their understanding of the City's system year-2000 compliance. We have received and reviewed city management's responses to the year-2000 questionnaire,but have not performed any procedures to test the accuracy or completeness of the responses to our inquiries,though we have included our observations resulting from 4 those inquiries in the following paragraphs. Our observations are appropriate as of the date of this letter. Because year-2000 activities are currently in process,we may have had additional observations had we made inquiries after the date of this letter. Accordingly,we encourage management and the City Council to continue its oversight of the City's year-2000 activities. Management informed us that the City has discussed year-2000 issues at several meetings of department heads. Each department head is responsible for equipment and systems used by their department and the information systems technician is responsible for the City's local-area(LAN)and wide-area(WAN) networks. All significant software that the City uses is vendor supplied,with the critical applications being supplied by Local Area Government Information Services(LOGIS). The City has received assurances from LOGIS that the software is either currently year-2000 compliant or that updates scheduled to be completed by mid-1998 will make it compliant. Certain hardware that is not compliant will be replaced as part of the 1999 budget. The City does not anticipate significant costs to upgrade its systems to year-2000 compliance. Recommendation: We encourage management to continue to formalize their process in a written plan which would guide the project throughout its implementation. We also recommend that management include compliance testing procedures together with a business and technology contingency plan in the overall formalized year-2000 plan. Finally,we encourage the continual communication between management, senior management,and the City Council as this plan is implemented. 5 • SECTION H - FOLLOW-UP ON PRIOR-YEAR COMMENTS AND RECOMMENDATIONS Policies and Procedures Over the Use of Technology: In 1996,we recommended the City develop formal policies and procedures over its information systems and consider the most cost-effective method of performing this function. In early 1998,the City entered into an agreement with the cities of Savage and Prior Lake,whereby an individual was hired full-time to provide the three cities with information system support. Additionally,the City uses LOGIS to provide much of its network and email maintenance and its Internet access. We encourage the City to continue placing a higher priority on technology and information systems so that it can provide the best service to its employees and citizens. Accounting and Reporting for Investments The City did not implement GASB No.31,Accounting and Reporting for Certain Investments during 1997. Although early implementation was suggested,the provisions of the statement are not effective for the City until 1998. Had the City implemented GASB No. 31,the impact of adjusting investments to fair market value would have resulted in a$170,000 reduction in investments. The City will implement GASB No. 31 in 1998. 6 Deloitte & Touche LLP City of Shakopee City Council Presen to tion June 16, 1998 111 1 I 1 I I I I I I DeloitteTouche Presented by: Tohmatsu Cliff Hoffman, Partner International i t i i i i i i I CITY OF SHAKOPEE Operating Fund Status ' December 31, 1997 Special General Revenue Enterprise Fund Funds Funds Total I Fund balance/retained earnings at December 31, 1997 $ 3,828,501 $ 604,804 $52,123,988 $56,557,293 Less: Reserved/designated (726,800) (604,804) (2,315,624) (3,647,228) Property, net (46,081,308) (46,081,308) Liquid fund balance/ retained earnings at December 31, 1997 3,101,701 3,727,056 6,828,757 Fund balance/ retained earnings at December 31, 1996 4,245,885 415,865 47,642,583 52,304,333 I Less: Reserved/designated (889,300) (415,865) (2,240,781) (3,545,946) I Property, net (40,532,208) (40,532,208) Liquid fund balance/ retained earnings at December 31, 1996 3,356,585 4,869,594 8,226,179 Net decrease $ (254,884) $ - $ (1,142,538) $ (1,397,422) I I I 1 1 I I CITY OF SHAKOPEE General Fund Revenues and Expenditures Year Ended December 31, 1997 Actual Over (Under) Budget Actual Budget Revenues $ 5,411,024 $ 6,363,245 $ 952,221 Expenditures 5,967,210 5,525,572 (441,638) (Deficiency) excess of revenues over expenditures (556,186) 837,673 1,393,859 Other financing uses (474,527) (1,255,057) (780,530) (Deficiency) excess of revenues and other financing sources over expenditures $ (1,030,713) $ (417,384) $ 613,329 I I I I I I I I I2 1 CITY OF SHAKOPEE General Fund Revenues I 1996 1997 0 18% 16% 5% 7% 15% 15% 14/0 13% o 48% 49% 1998 Budget 3% 16% 15% lip 13% IIPP 52% 0 TaxesFines, Forfeits, Licenses, 0Permits 1 0 Intergovernmental 0 Miscellaneous 0 Charges for Services I Revenues 1996 $5,950,000 1997 6,363,000 1997 Budget 5,649,000 1 3 i 1 CITY OF SHAKOPEE General Fund Expenditures ■ 1996 1997 24% 24% ■ 1145 27% 27% 1 43% 43% 6% 6% 1998 Budget 27% 1 27% 1 40% 1 6% ■ Public Safety ■Recreation ■General Government 0 Public Works and Miscellaneous 1 Expenditures 1 1996 $5,111,000 1997 5,526,000 1 1998 Budget 6,285,000 1 4 I 1 CITY OF SHAKOPEE General Fund Revenues/Expenditures IPer Household I $1 ,400 —' I $1,160 $1,200 $1,081 $1,121 $1,106 r 1 $963 di $960 I $1,000 I $8007 I E 1 $600 — I $400 --/— I I $200 — — __ 1 I $0 .1— „— 1995 1996 1997 INumber of Households 4,877 5,307 5,755 I ❑ Revenues 0 Expenditures I Note: Graph excludes other financing sources (uses) I 1 5 CITY OF SHAKOPEE Productivity Measures 1997 1996 1995 A. Population 16,200 14,952 13,752 1 B. Number of households 5,755(1) 5,307 4,877 C. Number of full-time employees ' (excluding enterprise funds) 70 68 71 111 D. Population per employee 231 220 194 IE. Households per employee 82 78 69 I (1) Estimate from City Planning Department r 1 I 1 I I i S 1 6 I i CITY OF SHAKOPEE Enterprise Funds' Performance 1997 1996 1995 IOperating income (loss): Electric (SPUC) $ 813,000 $ 937,000 $1,150,000 Water (SPUC) 565,000 534,000 358,000 Sanitary sewer 564,000 530,000 605,000 Storm drainage 128,000 104,000 103,000 Refuse collection 12,000 9,000 0 1 Recreation (339,000) (321,000) (20,000) Total $1,743,000 $1,793,000 $2,196,000 I 1 I I I I 1 I CITY OF SHAKOPEE December 31, 1997 Cash and Accumulated Surplus Investments Property Depreciation Net (Deficit) (1) (at Cost) (2) Property (1) - (2) I Electric $ 2,830,939 $ 11,483,519 $ 3,357,971 $ 8,125,548 $ (527,032) Water utility 2,492,306 11,226,489 3,104,916 8,121,573 (612,610) Sanitary sewer utility 4,773,911 10,886,892 1,428,989 9,457,903 3,344,922 I Storm drainage utility 1,811,052 17,422,429 2,521,354 14,901,075 (710,302) Refuse collection 48,743 48,743 Recreation 196,299 5,891,981 416,772 5,475,209 (220,473) Equipment 1,586,014 3,629,178 1,293,337 2,335,841 292,677 111 $ 13,739,264 $60,540,488 $ 12,123,339 $48,417,149 $ 1,575,925 I (1) Includes restricted cash and investments. I I 1 I I I 1 8 I I CITY OF SHAKOPEE Selected Performance Ratios I December 31, 1997 I Shakopee Excluding Overlapping National I Debt Median* I I. DEBT MEDIANS: Net debt per capita $1,036 $811 Net debt per capita - excluding revenue bonds 726 - IRatio of net debt to estimated full value 2.4% 1.7% I II. ENTERPRISE MEDIANS - Operating Profit: Water 35.5% 63.0% I Sewer 68.0% 67.5% Water and sewer 56.7% 64.6% I Electric 87.7% 86.8% Storm drainage 32.2% N/A I Recreation 145.8% N/A *Per 1997 Moody's Selected Indicators of Municipal Performance I I I I I r 9 1 I I CITY OF SHAKOPEE Performance Definitions I I. DEBT MEDIANS: IGross bonded Debt service Net debt per capita = debt - funds on hand IEstimated population I Ratio of net debt to = Gross bonded - Debt service estimated full valuedebt funds on hand Estimated market value I II. ENTERPRISE MEDIANS - IIOperating ratio = Operating expenses (without depreciation) Operating revenues I I I I I I I I I I I10 CITY OF SHAKOPEE Debt as a Percent of Market Value Five Year Comparison 1992 1997 Market Value $ 523,200,700 $ 695,306,365 Total Debt Applicable to Debt Limit pp 0 2,839,651 I Total Bonded Debt 16,475,000 22,400,000 I Legal Debt Margin 9,352,076 11,066,476 IDebt as a Percent of Market Value 0% .408% I Debt as Percent of Market Value = Total debt applicable to debt limit Market Value I 1 I 1 I 1 I 1 11 I 1 CITY OF SHAKOPEE National General Obligation Bond Ratings I I I AAA 3% I AA1 -J 3% AA2 I 6% I AA3-+.12% 8 1 I AA1._ I 8% -3 I Al 1 19% I -J I I I A2 1 4% (City of Shakopee) I A3-) 1 3%0 1 AA_j 1 23% BAA1 112%' I BAA2_ 1% BAA3 1% I BAA1 11% I BA1 and below_ I 1 4% r ( r I 0% 5% 10% 15% 20% 25% Per report obtained from Moody's Investor Service in 1997 I I I II12 I I CITY OF SHAKOPEE Debt Service Schedule (Excluding Revenue Bonds) I (Principal and Interest) 3,000,000 z•--'" /-7 / / I 2,500,000 '" — — — i —1 I 2,000,000- ' ' — — I I 1,500,000 -- — -- — — I I1,000,000-r — _, .' r 6:it..1..1-'. '—-7-' E [ . 11 -' °° °°:: 13 ra 1 I1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 After* 0 General Obligation Bonds 0 Tax Increment Bonds I *Represents Debt Service Payments from 2008 through 2017. I I 1 13 CITY OF SHAKOPEE Management Practices to Avoid ' • Using reserves to balance the budget • Using short-term borrowings to balance the budget ' • Using internal borrowing (long term) to balance the budget • Selling assets to balance the budget • Using one-time accounting charges to balance the budget • Deferring pension and employee benefit obligations • Not costing out nonsalary employee benefits • Ignoring full-life costs of capital assets ' • Deferring maintenance expenditures ' • Investing in derivatives without extensive research and remembering principal is "principle" 1 1 1 1 1 14 I 1 1 I I I 1 I I I I I I 1 I I 1 I I 1 ' CITY OF SHAKOPEE Competitive Advantages • Strong bond ratings 1 • Written investment policy • Low number of city employees per household ' • State and federal revenues are only 15% of the 1998 budget ' • Strong enterprise fund performance - users being charged to maintain system I • City is growing and has room for significant growth • No postemployment health care benefits Challenges • Revenue from state and federal sources was $938,000 in 1997 • City needs to provide the infrastructure for growth I i I15 1 f 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ' CITY OF SHAKOPEE The Next Five Years . . . • Prepare five-year summaries on the growth of government services based upon head count and cost as compared to growth in the number of households, property valuation, personal income, etc. There will be a need to prove you are not growing government faster than warranted. • Establish an organizational plan for department structure five years from now. ✓ • Establish a capital expenditure budget for five years. ✓ • Establish an operating fund budget for five years. • Establish a reinventing government committee with a goal of comprehensive operations improvement. • Challenge old beliefs on accounting controls. Review cost of controls versus benefits. ✓Shakopee is addressing. 1 1 1 1 ' 16 ', P. CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I C6.---------- SUBJECT: Vacation of Blanket Easement, Terrence Addition APPLICANT: Connie&Marianne A. Schmid 1016 Apgar Street DATE: June 16, 1998 Introduction: The City Council received a request from Connie & Marianne A. Schmid to consider vacating a portion of a blanket easement within Terrence Addition. This easement was granted to the City of Shakopee for transmission line purposes on November 3, 1933. Shakopee Public Utilities confirmed with Staff their electric facilities are located within the adjacent 16 foot alley. Therefore, this blanket easement which encumbers the Schmid's property is no longer needed. Discussion: The Planning Commission reviewed this request at their June 4, 1998 meeting. The Commission recommended approval of the requested vacation. Alternatives: 1. Approve Resolution No. 4925 approving the requested vacation. 2. Deny the request to vacate the subject easement right-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. Planning Commission Recommendation: The Planning Commission recommended Alternative 1, approval of the requested vacation. Action Requested: Offer and approve Resolution No. 4925, approving the requested easement vacation. i:\commdev\cc\1998\cc0616\schmdvac.doc • _. 4. . . : wave -A II /110 p~1 ;_::::::::::..:....:.i.1.:::: .•:::iLj...;.;:::•:::::::::: . .:,'..i.-::-.:::',,;•:: :::,1'.':.:...:..: '•s ��•_- . ��wr�►ot►. tria X11 C16�ir 101 � -,:-,...,... .: :.:.. ....,-.•-•.:-:.....-- Zia 011 V13-1-- PI : .:.$ suti ,,, e111p p1o� °1110 �r110 Eat 1,,,_ �c 36 � 11_� 11111 liftlat1tr • c��. . . 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RESOLUTION NO. 4925 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A PORTION OF A BLANKET EASEMENT LOCATED IN TERRENCE ADDITION, CITY OF SHAKOPEE, SCOTT COUNTY,MINNESOTA WHEREAS, a blanket easement was granted to the City of Shakopee over the Northeast Quarter (1/4) of the Northwest Quarter (1/4) of Section 12, Township 115, Range 23, filed November 3, 1933, in Book 93 of Deeds, pages 616-617, Scott County Recorder's Office, for the purpose of constructing and maintaining electric transmission lines; and WHEREAS, Terrence Addition is located within the same Northeast Quarter (1/4) of the Northwest Quarter(1/4) of Section 12, Township 115, Range 23; and WHEREAS, it has been made to appear to the Shakopee City Council that this easement which encumbers part of Lots 2 and 3, Block 1, Terrence Addition, serves no public use or interest as a result of the electrical transmission lines and other utilities are located in the adjacent platted alley and street rights-of way; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 16th day of June, 1998; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been 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; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines the vacation hereinafter described is in the public interest; and 2. That the blanket easement, located over the following legally described parcel, serves no further public need, and is hereby vacated: Lot 2, except the North 15 feet thereof, and the North 20 feet of Lot 3, Block 1, TERRENCE ADDITION, according to the recorded plat thereof, City of Shakopee, Scott County, Minnesota. 3. After the adoption of this Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota,Held the day of , 1998, Jon P. Brekke, Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street CERTIFICATION OF RESOLUTION NO. 4925 I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. 4925, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 16th day of June, 1998, as shown by the minutes of the meeting in my possession. Dated this day of , 1998 CITY OF SHAKOPEE 3, 8 . Memorandum TO: Honorable Mayor and City Council Mark McNeil, City Administrator FROM: Jared Andrews, Planner I SUBJECT: Vacation of part of Tenth Avenue East right-of-way APPLICANT: Steven Richard Schmitz DATE: June 16, 1998 Introduction: The City Council received a request from Steven Schmitz to consider vacating a 17 foot portion of Tenth Avenue East which abuts his property to the north. A similar vacation was done for the property to the north of Mr. Schmitz in 1993. At that time Mr. Schmitz did not want to be part of that vacation. Recently, however, Mr. Schmitz has requested to build a garage, and the additional property would be useful to him for setback purposes. This proposal would make the right-of-way consistent with the rest of the block,while retaining drainage and utility easements. The Planning Commission has reviewed this request at their June 4, 1998 meeting. The Commission recommended approval of the requested vacation. Staff has had discussions with the City Attorney regarding this application. It has been determined that the right-of-way would be initially turned back to the property owner to the north (Jeffrey and Becky Boldt), since the entire 10th Avenue was dedicated from Scenic Heights 2nd Addition (the plat to the north) rather than Scenic Heights 3rd Addition in which the applicant is located. Discussion: Since the applicant's intent was to have the land deeded back to him, he has requested that this item be continued to the July 7th meeting in order to discuss the situation with the owner to the north. Recommendation: Continue the public hearing to the July 7th, 1998 City Council meeting. Action Requested: Continue the public hearing to the July 7th, 1998 meeting. is\commdev\cc\1998\cc0616\schmtzvac.doc N. 4..'.4 3 2.0..,NItaraC mil']t171-,04 LZl J A 1 f: ,.7.,,r,,,,,..-.. - 3 > ` Q .fix"• . ZI W 1 :, _.. .. v S.: - i' -- I tit. p j aol x`_. ''4 ii j _• !� ts, Pit _ 9 ass `+ r� IN • — 1 CrPS 'V2. i ==_- I-Motu t Sg c ��1Zi WV.tttf�•t� �� ; 1 • 4 x - / vs-spa. -122 1.4 4 t! -.. _ oo•sa __ .- 1t•tG --ts 3G•4G "T7 ...at•,= .1e4. Qa►+'= et 4.1 - - -- _1.3-32:11S331l%W � __ T 9. EXHIBIT B i C,y� - - - 969. "1 CQGO . . 373.5 - - _ 4 -L —1 175349E 2 Q0kFE r ,\ 3 ' ST P4 217039 -,-...L • oi S fyQ _�`IW1lP . 1 t. ...... �OPf f •• ./ .A1: - I _ . bop — i- 11111°11111 1 209303 0 I •- 4 .. MCGU.0 44 5 Ems::. .8 IEsNrAiy 3 Sy �°' 7 ' 4 OAF C / 2 ... -2/.1 i_i ff 1 3 -. V El'^ 2 w t5 4 :..3 2.3 I .D t3 2 m :S . _ _ -.- N ._--- 5 w 3 w =.2 3 12 . CC 3 , c w .- i__ _—� tc. J 4 3 f... 3 t 3 6 N ..7.1 4 t l — 4j •:0 5 10 5 5 0 12 7 t— w -- --- 1- - t7. CC F y 6 :• 6 FE t1 8 tr LI • 2 3 . 7 8 7 7 10 9 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeil, City Administrator FROM: Julie Klima, Planner II SUBJECT: Text Amendment Regarding Decks DATE: June 16, 1998 INTRODUCTION& BACKGROUND Staff has been directed by the City Council to prepare a draft text amendment regarding the setback for decks. At its June 4, 1998, meeting, the Planning Commission voted to recommend denial of the proposed text amendment to the City Council. The Planning Commission concluded that reducing the setback standards was not the preferred approach for this situation. Please find the June 4, 1998, memorandum attached for reference. Staff proposes to amend City Code in the following manner: City Code Section 11.81 (General Provisions) Subd. 3. B., by making the following deletions and additions (language that is underlined is proposed to be added and language that is strckthreugh is proposed for deletion): B. The following shall not be considered to be encroachments on yard requirements: 3. a.) terraces; b.) steps; c.) . • . . • • • similar structures, which are setback a minimum of five (S) feet from any side lot line and/or ten (10)feet from the rear property line. 4. Decks which do not exceed five (5)feet in height from the ground to the bottom of the floor joists measured at the building wall, which are setback a minimum of five (5)feet from any side lot line and/or ten (10)feet from the rear property line. Decks located in the Low Density Residential(R- IA), Urban Residential(R-1B). Old Shakopee Residential(R-1C), Medium Density Residential(R2) Zoning Districts and townhouse structures located in any zoning district, which exceed five (5)feet in height shall be allowed to be located ten[10)feet closer to the rear property line than is required by the design standards of the zoning district in which the deck is located. Double frontage lots(lots with frontage on two parallel streets) shall be excluded from this provision due to the additional depth required of these lots. ALTERNATIVES 1. Approve the text amendment as proposed. 2. Approve the text amendment with revisions. 3. Do not approve the text amendment. 4. Table the matter to request additional information from staff PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended denial of the text amendment. ACTION REQUESTED Offer Ordinance No. 518 or a motion consistent with the preferred alternative. 400 ie Klima Planner II i:\commdev\cc\1998\cc0616\tadecks.doc ORDINANCE NO. 518, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11,ZONING, SECTION 11.81 (GENERAL PROVISIONS), SUBD. 3.B. BY REVISING THE SETBACK FOR DECKS THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.81 (General Provisions), Subd. 3.B., is hereby amended by adding the language which is underlined and deleting the language which is eugh: B. The following shall not be considered to be encroachments on yard requirements: 3. a.) terraces; b.) steps; c.) - . • • .• : • Vis )similar structures, which are setback a minimum of five (5) feet from any side lot line and/or ten (10)feet from the rear property line. 4. Decks which do not exceed five (5)feet in height from the ground to the bottom of the floor joists measured at the building wall, which are setback a minimum of f five (5)feet from any side lot line and/or ten (1 0)feet from the rear property line. Decks located in the Low Density Residential(R- IA), Urban Residential(R-IB), Old Shakopee Residential(R-IC). Medium Density Residential(R2) Zoning Districts and townhouse structures located in any zoning district, which exceed five (5)feet in height shall be allowed to be located ten (10)feet closer to the rear property line than is required by the design standards of the zoning district in which the deck is located Double frontage lots (lots with frontage on two parallel streets), shall be excluded from this provision due to the additional depth required of these lots. Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1997. PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee,MN 55379 CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeil, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Metropolitan Council Financial Assistance Agreement (Contract No. SG-98-13) and Private Vehicle Capital Funding Agreement (Contract No. SG-98-04 MEETING DATE: June 16, 1998 INTRODUCTION: Through 1996 the City of Shakopee entered into financial assistance and private vehicle capital funding agreements with the Metropolitan Council for each year. In 1997, a financial assistance agreement was not executed because the City of Shakopee levied the transit tax levy. For taxes payable in 1998 the Council chose to have the transit tax levied by the Metropolitan Council. The Council is asked to authorize execution of both agreements for the current year. Copies are attached for the Council's information. ALTERNATIVES: 1. Offer and pass a motion authorizing the appropriate City officials to execute the Metropolitan Council Financial Assistance Agreement (Contract No. SG-98-13) and Private Vehicle Capital Funding Agreement (Contract No. SG-98-04). 2. Do not authorize execution of the Metropolitan Council Financial Assistance Agreement (Contract No. SG-98-13) and Private Vehicle Capital Funding Agreement (Contract No. SG-98-04). 3. Table the matter for additional information. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer and pass a motion authorizing the appropriate City officials to execute the Metropolitan Council Financial Assistance Agreement (Contract No. SG-98-13) and Private Vehicle Capital Funding Agreement (Contract No. SG-98-04). R. Michael Leek Community Development Director TRANSIT2/RML I fl3 Contract No.SG-98-04 METROPOLITAN COUNCIL PRIVATE VEHICLE CAPITAL FUNDING AGREEMENT WITH THE CITY OF SHAKOPEE THIS AGREEMENT is made between the Metropolitan Council("the Council"), a political subdivision of the state of Minnesota,and the City of Shakopee("the Recipient"), a political subdivision of the state of Minnesota. WHEREAS,the Council is authorized in accordance with Minnesota Statutes section 473.405 to operate public transit systems in the metropolitan area and to exercise all powers necessary or convenient to discharge its duties;and WHEREAS,through its contract(s)with private transit service providers,the Recipient is operating replacement public transit service pursuant to Minnesota Statutes section 473.388; and WHEREAS,the Council finds it desirable to provide a grant to the Recipient of Council transit bond proceeds for the purpose of paying the vehicle capital costs,specifically,the vehicle depreciation costs, associated with operating the replacement public transit service through the Recipient's contract(s)with private transit providers("the Private Vehicle Capital Cost"). NOW THEREFORE,in consideration of the mutual promises in this agreement,the parties agree as follows: I. TERM This agreement shall be in effect from January 1, 1998,through December 31, 1998("the Term"). II. COUNCIL FUNDING OF PRIVATE VEHICLE CAPITAL COST 2.01 Maximum Funding Amount. The Council agrees to pay the Recipient the Private Vehicle Capital Cost for privately-procured vehicles used in providing the replacement public transit services, in an amount not to exceed$52,000.00. 2.02 Funding Source. Funding provided under this agreement will come from Council transit bond proceeds as approved by the Council on December 18, 1997. 2.03 Method of Reimbursement. The Council will pay the Private Vehicle Capital Cost in twelve equal monthly payments of$2,515.99 each. The Council will make the payments upon submission of monthly requests for payment and a monthly summary report. The payment requests and summary reports shall be submitted not later than thirty(30)days after the end of the month in which services were provided. The Council shall review and approve the monthly requests for payment and issue a check within thirty(30)days of receipt. Requests for payment must be sent to: Metropolitan Council Office of Transportation&Transit Development Mears Park Centre, 7th Floor 230 East Fifth Street Saint Paul,MN 55101 III. VEHICLE ASSIGNMENT The Recipient will assign the privately-procured vehicles funded under this agreement to the replacement public transit service operated by the Recipient in accordance with Contract Number SG-98-13 between the Council and the Recipient. IV. GENERAL PROVISIONS 4.01 Vehicle Title. During the Term of this agreement,title to the vehicles funded under this agreement will be held by the Recipient or its replacement contract service provider. 4.02 Risk of Loss. During the Term of this agreement,the Recipient and its contract service provider bear the risk of loss of the vehicles. If any of the vehicles is damaged and cannot be repaired to its undamaged condition,or if any of the vehicles is lost, stolen,or destroyed,the Recipient and its contract service provider will replace the vehicle. The replacement vehicle(s)will be eligible for Private Vehicle Capital Cost funding in an amount not to exceed the remaining Private Vehicle Capital Cost of the vehicle(s)replaced,or in an amount not to exceed the actual depreciation cost of the replacement vehicle(s),whichever is less. 4.03 Fully-Depreciated Vehicles. If specified in writing by the Council,the Recipient shall transfer to the Council,at no additional cost to the Council,any fully-depreciated,privately-procured vehicles for which the Council has paid the full amount of depreciation under this or any previous private vehicle capital funding agreement. The Recipient shall also transfer to the Council the vehicle maintenance records and any documentation necessary to secure Council title to the vehicles transferred. If the Council does not require transfer of any such vehicle and the Recipient sells or otherwise disposes of the vehicle,the Recipient shall return any proceeds of the sale or disposition to the Council. If the Recipient sells or otherwise disposes of any fully-depreciated,privately-procured vehicle for which the Council has paid a portion of depreciation under this or any previous private vehicle capital agreement,the Recipient shall return to the Council a portion of any proceeds of the sale or disposition of the vehicle proportional to the percentage of total depreciation paid by the Council under this or any previous private vehicle capital agreement. 4.04 Partially-Depreciated Vehicles. If the Recipient voluntarily withdraws from transit service any partially-depreciated vehicles for which the Council has paid the full amount of the partial depreciation under this or any previous private vehicle capital agreement,the Recipient will,at the Council's option: (1) pay to the Council the amount of the vehicles' remaining scheduled depreciation over the full depreciation schedule of the vehicles; OR(2) transfer to the Council,at no cost,a number of vehicles proportional to the total number of vehicles funded by the Council,under this or any previous private vehicle capital funding agreement,as the amount of total Council-paid depreciation is proportional to the full depreciation schedule of all of the vehicles funded by the Council. If the Recipient voluntarily withdraws from transit service any partially-depreciated vehicles for which the Council has paid a portion of the partial depreciation under this or any previous private vehicle capital agreement,the Recipient will pay to the Council the Council's pro-rata share of the remaining scheduled depreciation over the full depreciation schedule of the vehicles. For purposes of this clause, "the Council's pro rata share"is calculated by dividing the total amount of Council-paid depreciation, under this or any previous private vehicle capital agreement,by the total amount of paid depreciation. 4.05 Audit. As required by Minnesota Statutes section 16B.06,the records,books,documents, and accounting procedures and practices of the Recipient and any contractor(s)relating to this agreement shall be subject to audit and examination by the Council and the legislative auditor or state auditor. --2-- ti 4.06 Continuing Obligations. The parties agree that paragraphs 4.03,4.04,and 4.05 of this agreement impose continuing obligations that will survive the Term of this agreement. IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their duly authorized representatives. METROPOLITAN COUNCIL CITY OF SHAKOPEE By: By: James J. Solem,Regional Administrator Its: Date: Date: Approved as to form: Lynn M. Belgea Associate General Counsel sg98-y4.doc Vl - 3 - J Contract No. SG-98-13 AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF SHAKOPEE THIS AGREEMENT is entered into between the METROPOLITAN COUNCIL, ("the Council"), and the CITY OF SHAKOPEE ("the City"). WHEREAS,the Council is authorized by Minnesota Statutes section 473.388 to provide financial assistance to eligible providers of replacement transit services in the metropolitan area; and WHEREAS,the City has formed a replacement transit service program to operate transit services within its jurisdiction; and WHEREAS,the City has applied for financial assistance as provided in Minnesota Statutes section 473.388; and WHEREAS,the City is eligible to receive financial assistance pursuant to Minnesota Statutes section 473.388, and the Council desires to grant financial assistance to the City. NOW,THEREFORE,the Council and the City agree as follows: I. DEFINITIONS 1.01 "Management Plan"means the City's plan for providing the transit services funded by this agreement, approved by the Council on December 4, 1997, and incorporated in this agreement by reference. The Management Plan includes any amendments to the approved Management Plan submitted to and approved by the Council after that date. 1.02 "Net Service Cost"means the Total Service Cost less (1) Operating Revenue collected by the City, (2)any fuel tax refunds, (3) any interest revenue, (4) credit for the Public Vehicle Capital Cost, and (5) Council payments for the Private Vehicle Capital Cost. 1.03 "Operating Revenue"means all revenues derived from the transit services funded by this agreement including, but not limited to, fares, passenger donations, and advertising revenue. -1- 1.04 "Private Vehicle Capital Cost"means the capital cost of contracting, specifically vehicle depreciation costs, included in the City's contracts with private transit service providers. 1.05 "Public Vehicle Capital Cost"means the capital cost of Council vehicles assigned to the City, specifically vehicle depreciation costs of Metropolitan Council Metro Transit vehicles. 1.06 "Total Service Cost"means the total operating expense incurred by the City comprising the total of direct costs,the allocated portion of indirect costs of operating the transit services funded by this agreement,the Public Vehicle Capital Cost, and the Private Vehicle Capital Cost, as outlined in the City's approved Management Plan and budget. II. PURPOSE OF AGREEMENT The Council was established by Minnesota law to plan for the orderly and economical development, public and private, of the metropolitan area. The Council is required by Minnesota law to coordinate transit operations within the metropolitan area and is authorized to levy taxes and issue general obligation bonds for transit purposes within the metropolitan transit area. As part of its responsibilities for regional planning and coordination of transit operations, the Council is authorized to provide financial assistance to transit providers in the metropolitan area. The City has formed a replacement transit services program,pursuant to the Minnesota law, to operate transit services within its jurisdiction as part of the replacement service program and has applied for Council financial assistance pursuant to Minnesota Statutes section 473.388. This agreement expresses the understanding of the parties regarding the Council's financial assistance to the City, so as to promote the Council's interests in coordinating and maintaining the integrity of the metropolitan transit system and in ensuring adequate documentation of and financial accountability for expenditures of public funds. This agreement provides funds for the City to fulfill its responsibilities as a replacement service provider pursuant to Minnesota Statutes section 473.388. III. TERM OF AGREEMENT This agreement shall be in effect during the term specified in the Management Plan as amended from time to time. IV. CITY RESPONSIBILITIES 4.01 Transit Services. The City is responsible for managing and controlling all necessary activities to operate the transit services funded by this agreement as described in the approved Management Plan. The City has and retains full control and supervision of the transit services and full control over the employment and direct compensation and discharge of all persons assisting in the performance of its services. The City is solely responsible for all matters relating to payment of employees, including compliance with social security, all payroll taxes and withholdings, reemployment or unemployment benefits,workers' compensation, and all -2- other regulations governing such matters. The City is responsible for its own acts and those of its subordinates, employees, agents, and any and all contractors during the Term. The City may enter into contracts with third parties to operate the transit services funded by this agreement. However,the City retains primary responsibility to the Council under this agreement. 4.02 Project Management. The City shall provide project management according to the approved Management Plan, including maintaining records pertaining to the transit services funded by this agreement, preparing reports, procuring and keeping licenses,permits, or certificates, and paying all taxes assessed on property owned by it or used in connection with the furnishing of the transit services. The City shall designate a project manager who shall be available at all reasonable times to provide information and respond to questions concerning project accounts and records. 4.03 Regional Performance Standards. The City shall operate the transit services funded by this agreement in such a manner as to meet the established regional performance standards and conform to regional transit policy as described in the 1995-1999 Regional Transit Service and Capital Plan, as may be amended from time to time. The City acknowledges and agrees that, if any transit service operated by the City using transit vehicles purchased with regional bond proceeds does not meet the established regional performance standards or policy, the Council may transfer such vehicles to another transit provider within the region. If the Council proposes to amend the 1995-1999 Regional Transit Service and Capital Plan, the Council will notify the City and provide the City an opportunity to review and comment on all proposed changes. The Council shall give due consideration to the City's comments on the proposed changes. 4.04 Regional Fare Policy. The City shall maintain a passenger fare schedule that incorporates the fares approved in the Regional Fare Policy unless the Council approves a different fare schedule in the Management Plan. V. COUNCIL FUNDING OF TRANSIT SERVICES 5.01 Maximum Funding Amount. The Council agrees to pay the City the Net Service Cost and the Private Vehicle Capital Cost for expenses incurred in providing the transit services described in the Management Plan. The Net Service Cost shall be paid out of regional transit property tax funds and the Private Vehicle Capital Cost shall be paid out of Council bond proceeds. The Net Service Cost plus the Private Vehicle Capital Cost equals the Maximum Funding Amount. The Maximum Funding Amount shall not exceed the sum of Net Service Cost plus the Private Vehicle Capital Cost. The Maximum Funding Amount shall be identified in the Management Plan. The Contractor shall retain all operating revenue collected. 5.02 Method of Reimbursement. The Council shall disburse funds to the City upon submission of monthly requests for payment and the monthly summary report required by paragraph 6.03. The payment requests and summary reports shall be submitted not later than thirty (30) days after the end of the month in which services were provided. The payment requests shall be prepared in a form developed by the Council and shall be supported by such copies of invoices, payrolls, driver trip sheets, dispatch logs, and other documents as may be requested by the Council. The Council shall review and approve the monthly requests for payment and issue a check within thirty (30) days of receipt. The final payment request under this agreement must be submitted within sixty(60) days of the last day services are provided. Requests for payment shall be sent to: Metropolitan Council Office of Transportation& Transit Development • Attn.: Programs Section Mears Park Centre, 7th Floor 230 East Fifth Street Saint Paul, MN 55101 5.03 Budget Amendments. The City shall not exceed the Maximum Funding Amount as approved in the Management Plan unless an amendment to the Management Plan is approved by the Council. Expenditure Category amendment requests which are in excess of the Maximum Funding Amount must be approved by the Council prior to the City spending or committing to spend in any manner that would exceed the Maximum Funding Amount. 5.04 Council Fund Requirement. The City recognizes that this agreement is funded in part by regional property tax proceeds and in part by Council bond proceeds. Notwithstanding anything to the contrary in this agreement, payments of funds shall be made by the Council within the time frames specified in this article only if the Council has adequate transit tax proceeds or regional transit bond funds on hand at the time that the payment is due. If insufficient transit property tax revenues are received,the Council may reduce the funding amount provided under this agreement upon sixty(60) days written notification to the City. The capital funding is contingent upon the Legislature's adoption of adequate bonding authorization for the Council and adequate bond proceeds received by the Council. In the event the current eligible bond authorization is depleted before an alternative source or reauthorization of funding can be approved, the City may need to use operating funds in place of capital funds. This does not preclude using carryover funds. VI. ACCOUNTING, RECORD,AND AUDIT REQUIREMENTS 6.01 Accounts and Records. The City agrees to establish and maintain accurate, detailed, and complete separate accounts and records relating to the transit services funded by this agreement, and receipt and expenditure of all financial assistance provided pursuant to this agreement, including all operational records, financial records, and supporting documentation. These accounts and records shall be retained intact by the City and its contractors for at least seven(7) years following the Term of this agreement. Once an audit is performed by the Council,the audited records shall be kept for a period of three (3)years from the date of issuance of the audit report. These requirements shall survive close-out of this agreement. -4- 6.02 Accounting for Revenues and Expenses. All revenues derived from the operation of the transit services funded by this agreement shall be accurately accounted for monthly. The monthly accounting shall show the date all revenue was received and type and kind of service from which the revenue was derived. All accounting shall be in accordance with general accepted accounting principles. For purposes of accounting for total costs under this agreement, the City shall separately account for operations expenses and administration expenses. The City shall separate operating expenses into direct charges and allocated indirect charges. Direct charges are those charges that directly and exclusively benefit the transit service. Indirect charges are those charges benefiting more than one program or activity. Using an allocation method approved by the Council,the City shall uniformly allocate expenses and revenues among programs and activities. 6.03 Monthly Summaries. The City shall transmit to the Council a monthly summary report of its transit services. The summary must include: a) Daily totals of the following operating data itemized separately for each route and trip; the hours of services provided, the number of miles operated, the number of passengers carried classified by fare categories, the amount of revenue collected, and any other items requested by the Council. b) Documentation of major operational problems and significant variations in ridership revenues, and expenses. c) An invoice from the City's contractor(s) submitted for services rendered with operating statistics summarizing total purchase of service, cost, and revenues. d) Reconciliation of reported fares with reported hours of service and passenger trips and an explanation of any discrepancy. 6.04 Audits and Inspections. As required by Minnesota Statutes section 16B.06, the books, records, documents, and accounting procedures and practices of the City and of its contractors relevant to this agreement are subject to audit and examination by the Council and the Legislative Auditor or State Auditor. The City shall permit the Council or its designee to inspect and copy all accounts,records, and business documents, including those of any contractor, at any time during regular business hours as necessary to audit the funding of the transit services. The Council shall, at the Council's expense,have the right to monitor, examine, and investigate all elements of the transit services funded by this agreement. The City shall cooperate with the Council and assist with inspections as requested by the Council and as authorized by Minnesota Statutes section 473.129, subdivision 9. 6.05 Reconciliation After Audit. If, as a result of final audit, the Council determines that it has underpaid the City, the Council will make payment to the City for the underpayment within thirty (30) days. If, as a result of final audit, the Council determines that it has overpaid the City, the City will reimburse the Council for the overpayment from carryover funds available -5- from previous years' funding agreements. Should the amount of the City's available carryover funds be less than the amount of the overpayment, the City shall within thirty (30) days refund to the Council the amount of the remaining overpayment. The Council may retain the amount of any remaining overpayment, after application of any available carryover funds, arising out of a previous funding agreement with the City from funds otherwise payable under this agreement. VII. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The Council's and the City's liability shall be governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes chapter 466, and other applicable law. VIII. TERMINATION 8.01 Default. The City shall be in default under this agreement if it fails to comply with the provisions of its Management Plan or with the terms of this agreement. The Council shall be in default under this agreement if it fails to comply with the terms of this agreement. Upon a determination of noncompliance, and in recognition of the unique circumstances of the problem, the party claiming noncompliance shall notify the other party of the claimed noncompliance through the following steps prior to declaring a default: • oral communications; • written notice requesting corrective action; • written notice demanding corrective action; and • formal written notice of default. After receiving written notice of default, the party shall have seven(7) business days to cure the claimed default or show good cause for the claimed default, after which time, if the default continues without good cause, the party claiming default may declare the other party in default and terminate this agreement. 8.02 Unavoidable Occurrences. The City shall not be held responsible for failure to provide on-time service due to weather or traffic conditions, unavoidable vehicle malfunctions, or naturally occurring disasters. The Council shall not be responsible for any loss or damage sustained or claimed to be sustained by the City or its contractors through the failure of the City or its contractors to maintain at all times a timely operating schedule. The City shall not be required to furnish the service or any portion of it in the event of the City's inability to do so by virtue of any concerted refusal of its employees to work or any strike of any kind or character of its or its contractors' employees, including a so-called wild-cat strike or slowdown or stoppage; any riot or civil strike or disturbances; closing of streets, roads,routes, or bridges; destruction by -6- any means of any of its property necessary for the performance of this agreement; flood; fire; or any other cause beyond its control. The Council shall not be responsible for the failure of the Legislature to approve sufficient transit bonding authority for the Council nor for insufficient transit property tax revenue being received by the Council for funding this agreement. 8.03 Termination. Either party, upon sixty(60) days' written notice,may terminate this agreement. Upon default by the Council and failure to cure as provided in paragraph 8.02, the City may immediately terminate this agreement. Upon default by the City and failure to cure as provided in paragraph 8.02, the Council may immediately terminate this agreement and related payments to the City. Notwithstanding termination of the agreement and payments, all obligations of either party under paragraphs 6.01, 6.04, and 6.05 of this agreement shall remain in effect. If this agreement is terminated due to default, the parties shall not be precluded from recovering actual damages to which they may be entitled and may exercise any other rights they have in law or equity to secure performance of this agreement. IX. GENERAL PROVISIONS 9.01 Amendments. The terms of this agreement may be changed by mutual agreement of the parties. Such changes shall be effective only upon the execution of written amendments signed by authorized representatives of the Council and the City. 9.02 Consultation. The City agrees to notify the Council immediately of any change in conditions, local law, or any other event that may affect the City's ability to perform its responsibilities in accordance with the terms of this agreement. The City agrees to quantify any additional costs that are projected to be higher than the Maximum Funding Amount under the approved Management Plan resulting from such changes. If the City, for any reason, determines that the Management Plan or any portion of it should not be undertaken, or that there should be a change in the scope or costs of the Management Plan or any portion of it,the City shall submit to the Council's Project Administrator a statement describing the situation and giving the reasons for the City's determination. The City may, simultaneously with the submission of the statement or within a reasonable time thereafter, recommend alternative activities, uses, expenditures, or allocations of funds. 9.03 Compliance With Law. The City agrees to conduct the transit services funded by this agreement in compliance with all applicable laws and regulations, including those laws pertaining to the use of bond proceeds. This agreement is funded in part with bonds issued in accordance with Federal arbitrage restrictions. The City will not use the bond funds in any way which would cause the bonds to be classified as"Arbitrage Bonds"under Section 148 of the Internal Revenue Code. The City will not take any action that would adversely affect the exemption from federal income taxation of the bonds or omit to take any action necessary to maintain such tax exempt status. The City is responsible for obtaining all licenses,permits, or other approvals necessary to perform the transit services funded by this agreement and for -7- making payment of any taxes or assessments related to the transit services funded by this agreement. 9.04 Notices. Notice for purpose of this agreement shall be sufficient if given by certified mail to the addresses listed below and shall be deemed to have been given the day of mailing. To the Council: Metropolitan Council Office of Transportation& Transit Development Attn.: Programs Section Mears Park Centre, 7th Floor 230 East Fifth Street Saint Paul, Minnesota 55101 To the City: City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379-1351 9.05 Equal Employment Opportunity; Affirmative Action; Targeted Group Businesses. The City agrees to comply with all applicable laws, rules, and regulations relating to nondiscrimination and affirmative action in public purchase, involvement, and use. In particular, the City agrees not to discriminate against any employee or applicant for employment because or race, color, creed, religion, sex, sexual orientation, national origin,marital status, disability, status with regard to public assistance, membership or activity in a local civil rights commission, or age, and to take affirmative action to insure that applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training. In addition, the City agrees to include affirmative action and equal employment provisions in any written contract entered into after the date of execution of this agreement which involves the provision of work or services which will be paid for in whole or in part out of the financial assistance provided by the Council. The City further agrees to take affirmative action to include the participation of targeted group businesses (TGB's) in the performance of the activities funded by this agreement, whenever possible. TGB's are small businesses designated for targeted public purchasing by the Minnesota Commissioner of Administration under Minnesota Statutes section 16B.19, that are majority owned and operated by women, persons with a disability, or specific minorities. The City agrees to contact the Council's Project Administrator to obtain a list of certified TGB's and to make a good faith effort to include participation by TGB's in any contract to be let by the City funded by this agreement. 9.06 Nonwaiver. The failure of either party at any time to insist upon the strict performance of any or all of the terms, conditions, and covenants in this agreement shall not be deemed a waiver of any subsequent breach or default in the terms, conditions, and covenants in this agreement. -8- 9.07 Severability. In the event any provision of this agreement is found to be unlawful or unenforceable, it shall not effect the enforceability of the balance of this agreement. IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their duly authorized representatives. METROPOLITAN COUNCIL CITY OF SHAKOPEE By By James J. Solem Regional Administrator Its Date Date Approved as to form: By Lynn M. Belgea Its Associate General Counsel Date sg98-13.doc -9- 1141/4-Y CGORSOT CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Transit Tax Levy and Budget MEETING DATE: June 16, 1998 INTRODUCTION: By June 30, 1998 the City is required to certify to the Minnesota Department of Revenue its intent whether to locally levy the transit tax for taxes payable in the year 1999. Once certification of the City's intent is made, it cannot be reversed for taxes payable in 1999. If the City does not opt to levy the tax locally it will be levied by the Metropolitan Council. DISCUSSION: The first year that alternative(opt-out)transit cities had the option to levy transit taxes locally was for taxes payable in 1997. The City of Shakopee did opt that year to levy the tax locally. For taxes payable in 1998 alternative transit providers were no longer able to list the transit tax levy separately on property tax statements. That resulted in some cities(including Shakopee) choosing to let the Metropolitan Council levy the transit tax for taxes payable in 1998. During the 1998 legislative session the Suburban Transit Association was successful in regaining the ability to list the transit tax separately on the property tax statements. Attached for the Council's information is the May 26, 1998 letter of the Minnesota Department of Revenue regarding this matter. The City's payable 1998 transit tax levy limit is$396,002. ALTERNATIVES: 1. Offer and approve a Resolution No. 4928 certifying the City of Shakopee's decision to locally levy the transit tax. 2. Offer and approve a revised Resolution No. 4928 certifying the City of Shakopee's decision not to locally levy the transit tax, and to have the Metropolitan Council levy said tax. STAFF RECOMMENDATION: Because the City can once again list the transit tax levy separately on the property tax statement, staff recommends Alternative No. 1. TRANSIT/RML 1 f 401„, ACTION REQUESTED: Offer and approve Resolution No. 4928 certifying the City of Shakopee's decision to locally levy the transit tax, and to direct the appropriate persons to communicate the Council's decision to the Minnesota Department of Revenue by June 30, 1998. A c R. Michael Leek Community Development Director TRANSIT/RML 2 RESOLUTION NO. 4928 A RESOLUTION OF THE CITY OF SHAKOPEE OPTING TO LEVY'.1HH: TRANSIT TAX FOR PAYABLE 1999 WHEREAS,the City of Shakopee is required to notify the Minnesota Department of Revenue of it's intention whether to locally levy the transit tax for payable 1999;and WHEREAS,the City Council has found that it is in the City of Shakopee's best interest that the transit tax for payable 1999 be levied locally: NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that the Minnesota Department of Revenue be notified by June 30, 1998,that the City of Shakopee will levy the transit tax locally for payable 1999. 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 TRANSIT/RML 3 MINNESOTA Department of Revenue Property Tax Division Mail Station 3340 St. Paul,MN 55146-3340 a°." Phone(612)296-3155 Fax(612)297-2166 ex May 26, 1998 Mark McNeill, City Administrator City of Shakopee 129 Holmes St. S. Shakopee, Minnesota 55379-1376 • Dear Mr. McNeill: The payable 1999 transit services levy limitation for operating costs and capital expenditures for the city of Shakopee has been determined. This levy limitation is determined and certified under M.S. 473.388, Subd. 7. The enclosed table shows the determination of this levy limitation. As in the past,this levy limitation amount is before HACA reduction. The statute requires that a municipality which intends to exercise the transit services local levy option for the taxes payable year 1999 must notify the Department of Revenue and the Metropolitan Council of its intent on or before June 30, 1998. The notification must include the amount of the municipality's proposed transit tax for levy year 1998,taxes payable 1999. If your city intends to levy a transit tax under the transit services local levy option for the taxes payable year 1999,please send us a certification of your city's intent along with a certification of your city's proposed payable 1999 transit tax on or before June 30, 1998. The amount of the proposed payable 1999 transit tax certified to the Department of Revenue should be the amount before HACA reduction. If the required certificationis not received by the due date,your city may not levy a transit tax for the taxes payable year 1999. After June 30, 1998,your city's decision to levy or not to levy a transit tax for the taxes payable year 1999 is irrevocable. If your city has certified that it intends to levy a transit tax for the taxes payable year 1999,the only change that may be made after June 30, 1998 is to reduce the amount of the transit tax. If you have any questions concerning this letter or the enclosed table,please contact me. Sincerely, 614 itt..tgl Richard B. Gardner Research Analyst Supervisor Senior Enclosure cc: Richard P. Johnson Tim Fleetham, Budget Coordinator Associate Regional Administrator Metropolitan Council Metropolitan Council An equal opportunity employer 77Y/TDD:(612)215-0069 6f • ,, t A 7 R 3' 3 `SYN bi `4 1 Lei Y k K ® 0 `'". �� �aE v3 Q '7�g B,] 1�Q ip '� Y➢ g q S 9 �. E y ry ' s 1 gar „ � y m ,\ '5• .: # `. �z3' Q �• j <1ffi 1. Payable 1998 Met. Council Transit Tax Revenues in City a. Net Tax Payable (General Spread Levy) $ 305,293 b. Fiscal Disparity Distribution Tax(Non-Debt) 12,445 c. Homestead and Agricultural Credit Aid(HACA)(Non-Debt) 86,425 d. Total (a+b+c) $ 404,163 2. Beginning Levy Limit Base for City(88%of Line 1d) $ 355,663 3. Payable 1997 Total Taxable Market Value * $ 697,433,100 4. Payable 1998 Total Taxable Market Value * $ 776,534,400 5. Payable 1998/Payable 1997 City Market Value Ratio (4/3) 1.113418 6. Payable 1999 Levy Limit(2 x 5) ** $ 396,002 * Includes tax increment values, fiscal disparity values, and powerline credit values. However,the amounts shown are after(1) limited market value adjustments and(2) market value exclusions for improvements made to qualifying homestead property ("This Old House" exclusions). ** Before HACA reduction. Prepared by: Minnesota Department of Revenue Property Tax Division May 26, 1998 /5; C /, CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Acceptance of Resignation-Richard Cheever and Authorize the Advertisement for Public Works Maintenance Worker DATE: June 16, 1998 INTRODUCTION: Council is asked to accept the resignation of Richard Cheever, Maintenance Worker, effective July 3, 1998, and to authorize the advertisement for a Maintenance Worker to replace Mr. Cheever. BACKGROUND: Attached is a letter of resignation from Richard Cheever indicating that he will be retiring from the Public Works Department. Mr.Cheever began his employment on March 26, 1979 as a Maintenance Worker. Mr. Cheever has served the City well over the years and will be truly missed for his knowledge of the City and his experience. Staff is requesting authorization to advertise to hire a Maintenance Worker to fill the vacancy left by Mr. Cheever's retirement. RECOMMENDATION: Staff recommends that his resignation be accepted with regrets and staff be authorized to advertise to hire a Maintenance Worker to fill the vacancy. ACTION REQUESTED: 1. If the Council concurs, it should be by motion to accept the resignation, with regrets, of Richard Cheever as Maintenance Worker for the Public works Department of the City of Shakopee effective, July 3, 1998. Loi6‘ta 2. Move to authorize the appropriate City staff to utilize Scott County personnel in the advertising and hire of a Maintenance Worker for the Public Works Department. .s40‘9.4s Bruce Loney Public Works Director BL/pmp MEM4927 • 6/5/1998 TO WHOM IT MAY CONCERN; THIS IS TO NOTIFY YOU THAT I RICHARD L . CHEEVER RESIGN MY POSITION AT SHAKOPEE PUBLIC WORKS TO BE EFFECTIVE JULY 3RD . 1998 . SIGNED /<�;e" risvllkf4'er� d�"4s i i. Rtling1 �alimx 11-1��`^- +1Llr�_� , S�'—i-- z..�esetis�� _ r �L ����.rw s���rrer.l�..� !i_�' N. /51C . 2 . CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: CSAH 69 and CSAH 101 Signal Agreement for Participation in the Operation of Traffic Control Signals and Integral Street Lights DATE: June 16, 1998 INTRODUCTION: Attached to this memo is a letter and agreement for participation in the operation of traffic control signal systems and integral street lights between the City of Shakopee and Scott County. Also attached is Resolution No. 4828, a resolution authorizing the execution of an agreement with Scott County for participation in the operation of traffic control signals and integral street lights at seven intersections located on CSAH 69 and CSAH 101. BACKGROUND: Recently Scott County has obtained jurisdiction of portions of CSAH 69 and CSAH 101 through the turnback process. Previously, these roadways were known as T.H. 169 and T.H. 101 and these roadways were turned back to the County as a result of the new T.H. 169 being constructed. On these roadways, there are seven intersections that have traffic control signal systems and integral street lights. Previously, the City had an agreement with the State of Minnesota for the operation of these signal systems. The seven intersections that have existing signal systems and integral street lights are as follows: • CSAH 69 and Scott Street • CSAH 69 and Fuller Street • CSAH 69 and CSAH 101 • CSAH 101 and First Avenue • CSAH 101 and CSAH 17 • CSAH 101 and C.R. 83 • CSAH 101 and Valley Park Drive The agreement has been prepared by Scott County and has been revised to include the Council's concerns as discussed at the January 20, 1998 meeting. The revised sections in this agreement are Paragraphs III, IV and VI. Paragraph III includes a clause that the cost participation policy of Scott County can change and is binding on both parties. Paragraph IV contains the language in the CSAH 17 and Vierling Drive signal agreement in regard to any future Emergency Vehicle Preemption(EVP) system. Also, Paragraph VI contains the language in regard to pedestrian striping at crossings of the signal intersection. The City's obligation is for providing the electrical power, the operation of the signal and street lights and to maintain the integral streets lights as far as maintaining photo electric controls, relamping glassware and cleaning of the glassware. These maintenance responsibilities were previously included in the State agreement for operation of the signals and street lights with the City of Shakopee, with one exception in that the City was also responsible for the relamping of the traffic control signal lights, cleaning and painting signal mast arms. A chart has been included to show the before and after maintenance responsibilities between the two agreements. If Council agrees with the proposed agreement, then adopting Resolution No. 4828 is in order, which authorizes the execution of the agreement by the appropriate City officials. ALTERNATIVES: 1. Adopt Resolution No. 4828, a resolution authorizing an agreement with Scott County for participation in the operation of traffic control signals and integral street lights at seven intersections located on CSAH 69 and CSAH 101. 2. Deny Resolution No. 4828. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as the maintenance and operation responsibilities are the same with the County agreement except the City does not have to relamp, clean and paint the traffic control signals, as required previously under the Department of Transportation agreement and the County has revised the agreement to address Council concerns made on January 20, 1998. ACTION REQUESTED: Offer Resolution No. 4828, A Resolution Authorizing the Execution of an Agreement with Scott Count for Participation in the Operation of Traffic Control Signals and Integral Street Lights at Seven Intersections Located on CSAH 69 and CSAH 101 and move its adoption. '0 ruce Loney Public Works Director BL/pmp MEM4828 JAN-14-98 WED 10:30 r tie • City of Shakopee Signa/Maintenance Responsibilities UNDER PRIOR AGREEMENT WITH MN/DOT: I Relamp, Clean, I Other Signal 1 Luminaire Intersection Power ( & Paint Signal 1 Maintenance l Maintenance ,,i''k s,,,P 5+.'s�,71,',„� 'i 1i�X+s+ts,si'{+ 2{ Tse CSAH 69 & Scott Street MNDOT N/A .'_ __ - - ' ,> 1 s �, s4l l�k s+,l�sq,r�'S,s�,,yR,',,�,,4y?I J M tom, + N' F”.',.`,,I,'S 6 7 ,r 7 l l 4 '+ , y , 11 r' f (!t'(f` } 'uV 1 P -C �1 '1 �'�-..,� (j4y�+ y 1 tr�,4}S 1��' 'j�l�,Sfllr ,'� ,„,�; f �y -, 2 CSAR 69 & Fuller Street ' ti' n .''k' '', r T' ' -- -- -er Street „,, '�,`�.,�4 �� �u ;{S s ',,' ,1: ,R,,,>>-,, ,,{, MNDOT f ,�y�,�,', � 4� h'i � s s L,I�i1,.�Iv ,,�o,•1b7� t�+p +;�a„�+lbrllli1 3 CSAH 69 & CSAH 101_ ,1 ':,i� ` MNDOT MNDOT_ __ MNDOT � 'S o , t u� �., L 4 ! s , w i 4 CSAR 101 & First Street �s NI T,;TMs, ,fr,:1,5,(.1°:','',';'k:, ,,1'kt 11,4�t+ ) ,5 S � �„,t ' � ++h�,,.(�+r�.� , ,ry, ,tYr',+ +",.='”� 5.44 , a.J...i,,�aK'.�x.brk, tr���: 5 CSAR 101 & CSAH 17 ��i+ , t , „ �,i�,1! „��uar» 4+� � + ,g,--'(., r R7 1 t t i f14 T., .-._ _�.,....._ _..�.�...-. w,.L d , w+� �, r'u,l,.S. Iw�.l aT°:Gh`'� �51,u,� �4 i MNDOT 1 ��#hl s , y� �'ylkr„i SSFi��,Y:�,iir` �,,y�i i+���i{ �;,.'4',2-7,t:.:11;';'49.��-- rdtr �tiS�' t wM... s CSAH 101 & CSAH S3 r,v� ,�,'t'sjs Frt;f' k . , ,r �t,{q + �ti, ,....... ,'�.,,a, 3' 1 ' ,. II ;41,,, , ,, +({ , ,I1 MNDOT „ 1, i,,.r., �+ 7 �,,V �1' , r,-4�, '' Us'�,,t,1.,” ,i�'rY�- ,..tom 4'64' *qu�,,,,,'yy���{�1 �i„?. +;,�yyVHF,1,.5' 'V '';';'''1}i�i'5`,44iS{j�+i,+ t, .',(��k, �'A, �:•1,� ,4, fh�H j( S, r CSAH 101 & Valley Park Dr ,tea,,,,t ,�+,1`,ir<1 y .,; ,,' , , py",',','t',4'0'1':'''{'(' s ',1�, '0+4`i;{i'; MNDOT �,'., t' ', `r. r, , j b:,.3,3,3,3131,ss,1�:Gy+i l!t 42,+4.33t0 b as'?, s�,�l:twfi}it ,�1y= 3,1,-iwf,R,F 4 ,4e.1,�%4144A,,. i PROPOSED AGREEMENT WITH SCOTT COUNTY; vIiil r ..w���w��M�w Relamp, Clean, f Other Signal t Luminaire i to+A■AAAA:.r CSAH 69 & Scott Street h,;.; H:", ''7 ' SCOTT CO. SCOTT CO. N/A CSAI-169 _ & Fuller Street '; ., ,`s",;`,;4 , SCOTT CO. SCOTT CO "' ) �1 ' -...r., t, <fn?vi y+ ',.0',',',),,,t,',\11,;',,, . ��� � �iK ����{Q tpl' 7 t! +t ry L � u'� a CSAH 69 & CSAH 101 ,;4' , ,, t�; SCOTT CO. SCOTT CO ,�k`"" ',�r u, _ ')°;!','''''')k,'''''''''''7444.'fy � _______Ra___ t''i,' �� jPJ 4 CSAH 101 & First Street �',�,it,L'� s�ail+` 1 ' SCOTT CO. SCOTT CO 1s' r`f{s , ;4th z ��h F �, �, k +�� A�4 �4 5 CSAH 101 & CSAH 17 ,W ' �, '+ I 'w _ SCOTT CO. SCOTT CO. i., 1 `'�'v°' s CSAR 101 & CSAH 83 __.__ s�14 ,{`x a,;n?i �, _._..._.r_...._ f , i w�l �1 t �,���� ,y`,,, J.,«°,, SCOTT CO. SCOTT CO. ''' ” t' � °t"fir{ �k'' nM.f it# uAn3f n, ,p� E, n�� � _..,....._....._...._ :{0�x51�'+,i•,,1 i , iifl,j r CSAH 101 & Valley Park Dr '''',7,-\;.:1,47,,!2.,1,',,C,,i , SCOTT CO. SCOTT CO. �,,,l 4cli,"r' �`1' _ _ �i4u;3) ,y+�a;�k4 t. x:\excel\trafficksignals\agrmnts.xls 1 1/14/98 -RESOLUTION NO. 4828 A Resolution Authorizing the Execution of an Agreement with Scott County for Participation in the Operation of Traffic Control Signals and Integral Street Lights at Seven Intersections Located on CSAH 69 and CSAH 101 WHEREAS, the County of Scott has recently acquired, from the State of Minnesota through the turnback process, jurisdiction of portions of CSAH 69 and CSAH 101, and WHEREAS, these portions of road lie within the City of Shakopee, and WHEREAS, seven intersection traffic control signal systems and integral street lights exist on these road segments and the City has previously been a partner in an agreement with the State of Minnesota for the operation of these seven signal systems, and WHEREAS, this agreement to share costs/responsibility is consistent with the Scott County policy used for other signals within the County, and WHEREAS, the attached Agreement outlining the City's participation in the operation of these seven traffic signals has been reviewed and approved by the City Council. NOW, THEREFORE BE IT RESOLVED.that the appropriate City officials be hereby authorized to execute the attached agreement and forward it back to Scott County for their execution. • Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 199=. Mayor of the City of Shakopee -- ATTEST: City Clerk jf-w:\word\turnback\cityres 1.doc CSAH 69, CSAH 101 Signals City of Shakopee County of Scott AGREEMENT FOR PARTICIPATION IN THE OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEMS AND INTEGRAL STREET LIGHTS THIS AGREEMENT, Made and entered into this day of , 19_, by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, The City has expressed its willingness to participate in the operating cost of the following signal systems and integral street lights: 1. CSAH 69 @ SCOTT STREET 2. CSAH 69 @ FULLER STREET 3. CSAH 69 @ CSAH 101 4. CSAH 101 @ FIRST AVENUE 5. CSAH 101 @ CSAH 17 6. CSAH 101 @ CR 83 7. CSAH 101 @ VALLEY PARK DRIVE NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I The City agrees that any City license required to perform electrical work within the City shall be issued to the County at no cost to the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. II The City shall provide the electrical energy for the operation of the traffic control signal systems and integral street lights, all at the sole cost and expense of the City. 1 CSAH 69, CSAH 101 Signals City of Shakopee County of Scott III The terms and conditions of the Cost Participation Policy of Scott County pertaining to cost and/or responsibilities may be revised or changed from time to time. Any such changes shall apply to this Agreement and shall be binding upon both parties regarding costs and/or responsibilities incurred after the effective date of the revisions to the Cost Participation Policy. Scott County shall notify the participating City of any such revisions or changes and of the effective date prior to implementation. IV The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal systems or EVP System; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal systems may be directly involved in an emergency. V The County shall maintain and repair said traffic control signal system at the sole cost and expense of the County. Further, the County shall maintain and repair the components of the EVP System and any repairs required shall be at the sole cost and expense of the City. Further, the County shall maintain the integral street lights except for the City maintaining photoelectrical controls, relamping, and glassware. The EVP systems provided for in this Agreement shall be installed, operated, maintained or removed in accordance with the following conditions and requirements: (1) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statues Chapter 169.01, Subdivision 5 and 169.03. The City will provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units. (2) Malfunctions of the EVP Systems shall be reported to the County immediately. (3) In the event said EVP Systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads and indicator lamps and all other components shall become the property of the County. (4) All timing of said EVP Systems shall be determined by the County. 2 CSAH 69, CSAH 101 Signals City of Shakopee County of Scott VI If requested by the City, the County shall provide the initial pedestrian striping for the intersection and shall be responsible for 100% of the related costs. The City shall be responsible for all subsequent roadway pedestrian striping required after the initial work and shall be responsible for 100% of the subsequent related costs. VII Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. VIII It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. IX It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of 3 CSAH 69, CSAH 101 Signals City of Shakopee County of Scott asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. X it is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. XI The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. 4 CSAH 69, CSAH 101 Signals City of Shakopee County of Scott IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE ATTEST: By: Jon Brekke, Mayor Date: City Clerk And: Mark McNeill, City Administrator Date: COUNTY OF SCOTT ATTEST: By: By: David Unmacht, County Administrator Art Bannerman, Chairman of Its County Board Date: Date: Upon proper execution, this agreement will be legally valid and binding. By: Thomas Harbinson, County Attorney RECOMMENDED FOR APPROVAL: Date: By: Bradley Larson, County Engineer Date: APPROVED AS TO EXECUTION: By: Thomas Harbinson, County Attorney Date: jf-w:\word\agrmt\signal\turnback.doc June 2, 1998 5 /5c , 3, CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Scott County Highway Turnbacks and Memo of Understanding DATE: June 16, 1998 INTRODUCTION: Attached is a letter and Memorandum of Understanding from the Scott County Highway Department in regard to a proposed turnback of four County roads to the City of Shakopee. BACKGROUND: At the August 6, 1996 City Council meeting, the jurisdictional transfer of four County roads in the City Limits of the City of Shakopee were discussed and Council provided direction to staff. The four County roads in which turnbacks are being proposed are as follows: • CSAH 16, from T.H. 300 to CSAH 17 (Marschall Road) • C.R. 18 from new C.R. 18 to T.H. 101 • C.R. 72, from C.R. 79 to CSAH 17 (Marschall Road) • C.R. 77, from the Shakopee Bypass to 6th Avenue The County included in their turnback proposal three options for the City to select concerning qualified improvements, which is a seal coat or overlay maintenance done by County forces, or the cash equivalent for the qualified improvements or road maintenance as per County policy. These transfers of jurisdiction and compensation options were discussed by City Council and the Council passed a motion unanimously directing staff to accept the transfer of jurisdiction and the compensation from Scott County for these roadway segments. In order to proceed with the County highway turnbacks and provide a documents outlining the turnback conditions, a Memorandum of Understanding has been prepared by Scott County. In the memorandum, the proposed turnback highway segments are described with mileage shown and the compensation for the qualified improvements on those segments that qualify. Also, a two year maintenance compensation is shown as well. The County Engineer has indicated that normal routine maintenance such as crack sealing and gravel shouldering would be done on C.R. 18 as part of the compensation to the City. It should be mentioned that C.R. 72 has half of the County highway in the City of Shakopee and the other half in Spring Lake Township and in the Memo of Understanding, the turnback of this highway will not be done until the Township and the City both agree on that turnback. This situation does occur between other Townships and Cities and typically an agreement between the City and the Township must be entered into for the maintenance of the roadway. At this time Spring Lake Township is reviewing the proposed turnback from Scott County. Council did review these turnbacks at the January 20, 1998 meeting and directed staff to inform the County that C.R. 72 must be paved before turning the roadway back. Attached is a letter from Brad Larson, County Engineer, on the County's position in regard to paving C.R. 72. Staff is requesting that council again review the proposal based on the County's position of not paving C.R. 72 and provide staff direction on this issue. ALTERNATIVES: 1. Approve a motion to have the appropriate City officials execute the Memorandum of Understanding. 2. Do not approve the Memorandum of Understanding at this time and provide staff with direction on changes of the conditions for County Highway turnbacks. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, based on the previous Council action on August 6, 1996 and that C.R. 72 will not be paved by Scott County, as this is a low volume road and a low priority to expend construction dollars at this time. ACTION REQUESTED: Make a motion to have the appropriate City officials execute the Memorandum of Understanding on the County Highway turnbacks to the City of Shakopee. Bruce Loney Public Works Director BL/pmp TURNBACKS • ItCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION ��� HIGHWAY DEPARTMENT r/ 600 COUNTRY TRAIL EAST # O JORDAN, MN 55352-9339 u t� (612)496-8346 ' T BRADLEY J. LARSON 12 / Fax: (612)-4''�+� �e5 ASSOCIATE ADMINISTRATOR Cid, OF SH,iKOPEE. March 20, 1998 Bruce Loney, P.E. Public Works Director 129 Holmes Street South Shakopee, MN 55379 Subject: County Highway Turnbacks Dear Bruce: This is in response to your letters on the proposed turnback of County highways to the City of Shakopee. We are very pleased that the Council has approved the turnback of CR 77 under previous agreement and old CR 18 from new CSAH 18 to CSAH 101 and CSAH 16 from TH 300 to CSAH 17. The City requested that CR 72 between CR 79 and CSAH 17 be turned back but only after the County has paved it. Unfortunately this request is inconsistent with our policy. Prior to implementing the turnbacks, Scott County established certain improvements/compensation that would apply to all turnbacks to cities and townships under this one-time turnback program. These improvements/compensation offers are not required for the County to turnback a highway to the City. They have been offered as an incentive to minimize the impact to the cities/townships of the jurisdictional changes. In establishing those improvements, it was clearly the County's intent not to reconstruct and pave existing gravel roads. This would be contrary to Scott County's direction to invest our limited resources in the top priority highways. I am confident that you can understand this perspective given your need to prioritize and plan for roadways in the City. Be advised that Scott County has already made agreements with two cities and four townships with all adhering to the same requirements for the turnback of those roadways. It would not be appropriate for the County to change those conditions at this time. An Equal Opportunity/Safety Aware Employer 4 4111 Bruce Loney County Highway Turnbacks Page 2 Hopefully this explains the County's position and rationale for our answer. We will await the City's response before proceeding. Please call us if you need additional information. Sincerely, (1.7))1.46441) gtAtn Bradley J. Larson, P.E. Scott County Highway Engineer BJL/jkf C: Commissioner Art Bannerman Dave Unmacht, County Administrator jf-w:\word\turnback\loneyltr.doc MEMORANDUM OF UNDERSTANDING HIGHWAY JURISDICTIONAL CHANGE Scott County and the City of Shakopee, through this Memorandum of Understanding, pursuant to Minnesota Statue 163.11, agree to the following County Highway Revocations: • Transfer the jurisdiction of CSAH 16 from TH 300 to CSAH 17 1.73 miles • Transfer the jurisdiction of CR 18 from new CR 18 to CSAH 101 2.30 mile • Transfer the jurisdiction of CR 72 from CR 79 to CSAH 17 0.75 mile* • Transfer the jurisdiction of CR 77 from Shakopee Bypass to 6th Avenue 1.14 miles** 5.92 miles * Includes the equivalent mileage within the City limits ** The CR 77 turnback previously agreed to under Cooperative Agreement 77-9503 in which Scott County paid the City $277,000 In consideration of the City of Shakopee assuming responsibility for the above highway segments, Scott County will provide the following: • CSAH 16 - (1.73 miles) - Overlay/sealcoat portions or pay the equivalent ($30,000/mile or $5,000/mile) = $18,800 • Old County Road 18 - (0.92 mile)* - Sealcoat or pay the equivalent ($5,000/mile) = $ 4,600 • CR 72 - (0.75 mile) - Regravel or pay the equivalent ($5,000/mile) = $ 3,750 Subtotal $27,150 • Maintain highway segments for 2 years after the County Board tumback decision $56,956 . or pay the average cost per mile between County and City's annual roadway (2 yr. total) maintenance but in no case will that exceed the County's base year (1994) cost or $5,959=8/mile/year * Mileage of Old CR 18 not reconstructed in the Bloomington Ferry Bridge project In addition, Scott County will be responsible to perform the routine maintenance work noted in our November 21, 1997, letter. This work will be done in 1998. Page 1 of 2 CITY OPTIONS (Please circle option selected) CSAH 16 Overlay/sealcoat or $18,800 Old CR 18 Regravel or $ 4,600 CR 72* Regravel or $ 3,750 Maintenance 2 Yr. County Maintenance or $56,956 • *Option on CR 72 must be consistent with Spring Lake Township position. The turnback of this road will not take place until the County Board acts on both the Shakopee and Spring Lake Township Agreements. This should allow time for City and Township to agree to the maintenance responsibilities. Approved: Jon Brekke, Mayor City of Shakopee Approved: Art Bannerman, Chairman Scott County Board of Commissioners Recommended for Approval: Brad Larson, Associate Administrator - Public Works and Lands Scott County jf-w:\word\turnback\mou-shak.doc Page 2 of 2 CITY OF SHAKOPEE \ • ROAD TURNBACKS • • Minnesota Valley Restoration Project- Murphy's Lulling /i/y James W.'niik;a N. (historic site( R 22W 1 /1/4Regional lux FL Ib3 I r 1— / ,,��z' c. 1 rT rTn 1.1.�: „y I arw �7 OW i� -_>,,Y 1 w.fldlf// 1 Z..../.4/N, ��� t u •�•+. '�t. � .ltt .1` .1' a 1 a • W .1. 2 /.4� �N 1 �.; j s/I. ? _.t.,..t< ;;;;.ii1l It ` ` i SII i a..h ,�� � AL i. �..�� �/,' '9 ` r .1._.t.,..1...;;;;.,11.1. t 1 .."'L .ib• I S. 3'^ r G Kyr \—At%toll �i i t®,`' I Z j�� Jr. � %\ _� � , Iltll :�I = iI • � � r j 2.4.4 •:t • .. '�" •- r+_.o a 1121.1.0047 1 41" Iy�. iht, • %3 apt Shakopee -� rr I _ te.. 1T :126m S 'r. C A i I\'s f.a I I !Q.": •I • 1 a PAIIII61.....-e I • frf/J :�IlitTw 214•A1010). a 1. vl. "1.....10 a" OA i ` I Y! I �1 , 'I t ...EN • a" Z.3w7% S+..r.011 s F (.._ {2. , In _ — _ a, :r - _ .« `N. 'jv� la r. • �.... . : I _� r C s\ I.wrO.r..jy0.`. c. �� IJ., 7 _` " ` — �- 1 \i4 ttr7. 1 1 ,� ,' I L I �_ CZ-, -3. • <1.r r NCA TCt<15 IZ� - \I Y u I3r.�.1.• �.1a: ` _ . 1 aI = a i 1 �.. ._ tat Fir '�— c ••1. (� Z Y -J II � :3 � 1:. ( -'11:6111 ST 7 �/^.Th, ......./.1 �v .11 t cTp* • •rd' -1 -`-ll �- = u 31 •I / I p" rr 161111 `J C.w•ae.r1 i� ' '� r ri r- 1 A r i1 C3/. 1 d tt_ CITY OF SHAKOPEE CONSENT TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Designate Vierling Drive, from C.R. 15 to Fuller Street as a State Aid Route DATE: June 16, 1998 INTRODUCTION: Attached is Resolution No. 4930, a resolution designating Vierling Drive, from County Road(C.R.) 15 to Fuller Street as a State Aid Highway. BACKGROUND: The construction of Vierling Drive, from the west plat line of Orchard Park West to Fuller Street has been ordered previously by Council and plans are being prepared. In order to utilize State Aid Funds on this project, staff is recommending that this segment of Vierling Drive be designated as a Municipal State Aid(MSA)highway. Designating Vierling Drive as MSA highway is consistent with other Vierling Drive Projects and Vierling Drive is a major east-west collector in the City. Staff has contacted the Metro Division State Aid office, and has received preliminary approval for designating Vierling Drive, from C.R. 15 to Fuller Street as an MSA Highway. The next step in the process is for the City Council to adopt a resolution making the designation. ALTERNATIVES: 1. Adopt Resolution No. 4930, a resolution designating Vierling Drive, from C.R. 15 to Fuller Street as a State Aid Highway. 2. Deny Resolution No. 4930. 3. Table for additional information from staff. a.P. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4930, A Resolution Establishing as a Municipal State Aid Highway, Vierling Drive from County Road 15 to Fuller Street and move its adoption. Auk,i6viir Bruce Loney Public Works Director BL/pmp MEM4930 RESOLUTION NO. 4930 A Resolution Establishing As A Municipal State Aid Highway Vierling Drive, From County Road 15 To Fuller Street WHEREAS, it appears to the City Council of Shakopee that County Road 15 to Fuller Street hereinafter described should be designated a State Aid Street under the provisions of Minnesota law. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee that the road described as follows, to-wit: Vierling Drive, from County Road 15 to Fuller Street be, and hereby is established, located, and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this Resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Shakopee to be numbered and known as Municipal State Aid Street 104. 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 [5: C• S, • CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorization of Street Cut for St. Mary's Church on 5th Avenue DATE: June 16, 1998 INTRODUCTION: Attached is a letter from St. Mary's Parish requesting a curb cut for a new handicap driveway on 5th Avenue between Lewis Street and Sommerville Street. This agenda item is for Council authorization for this street cut off of 5th Avenue, which is less than five years old. BACKGROUND: In the 1996 Street Reconstruction Project, 5th Avenue from Lewis Street to Sommerville Street was reconstructed as part of this project. The City adopted a policy in 1986 which required City Council authorization for any street cut permit on streets that have pavements that are five years old or less. During the 1996 Street Reconstruction Project, staff did contact the pastor of St. Mary's Church, at that time, and did remove a driveway off of 5th Avenue as per the direction of the pastor. The letter received from Larry Link of St. Mary's Parish has indicated that the parish wishes to reinstall the driveway on 5th Avenue that was previously removed to provide better hardship access to the church. ALTERNATIVES: 1. Authorize staff to execute the street cut permit for St. Mary's Parish at 535 S. Lewis Street for a street cut permit on 5th Avenue, between Lewis Street and Sommerville Street. 2. Do not approve the street cut permit at this time. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as this driveway will provide a new handicapped driveway for the parishioners attending St. Mary's Church. ACTION REQUESTED: Make a motion authorizing staff to execute a permit for work in the public right-of-way on 5th Avenue,between Lewis Street and Sommerville Street for St. Mary's Parish, jpittt Bruce Loney Public Works Director BL/pmp PERMIT • The Church of Illi §t. Marg 014' \ To Whom it may concern: Request for work at St.Mary's Parish,535 South Lewis Street,Shakopee,Minnesota 55379. 1. 20' curb cut for new handicap driveway on Fifth Avenue between Lewis and Sommerville. 2. Cement Blvd 12x14 with exposed aggregate front of church on Fifth Avenue between Lewis and Sommerville. 3. Cement Blvd on Sommerville East side of School Larry Link 445-2805 535 §outh Lgwi3 StrR¢t,Shakopsuz, Minnggota 55379 O f f i eR (612) 445-1319, fax (612) 445-0511 pJ5# s fk 1IC Church of St . Mary s � tj Cvoorravp csnw /4) I SHAKOPEE POLICE DEPARTMENT 0. Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police / SUBJECT: Acceptance of Resignation- Sgt. Richard Kaley; and that the Police Civil Service Commission be requested to fill the vacancy DATE: June 9, 1998 INTRODUCTION: Council is asked to accept the resignation of Sgt. Richard Kaley, effective June 7, 1998. BACKGROUND: Attached is a letter of resignation from Sgt. Richard Kaley indicating that he will be retiring from the Police Department. Sgt. Kaley began his employment on October 1, 1960, as a police officer. Sgt. Kaley has served the City well over the years and will be truly missed for his knowledge of the City and his experience. Staff is requesting that the Police Civil Service Commission be requested to fill the vacancy. RECOMMENDATION: Staff recommends that Sgt. Richard Kaley's resignation be accepted and that the Police Civil Service Commission be requested to fill the vacancy. ACTION REQUESTED: 1. If the Council concurs, it should be by motion, accept the resignation of Richard Kaley, as Sergeant for the Shakopee Police Department of the City of Shakopee, effective June 7, 1998. 2. Move to request that the Police Civil Service Commission fill the vacancy. 3. Offer Resolution No. 4916, a Resolution of Special Commendation to Richard Kaley, and move its adoption. DH:pm cekaley ` Y , City of Shakopee �=--, P iel1-� POLICE DEPARTMENT `' ;''''',4,%„1...,- 476 South Gorman Street r ' 'nmi,►,': ;1 SHAKOPEE, MINNESOTA 55379 '.7_ t ,rs4 ' c 0 I--I C, Tel 612/445-666610 4 = Fax 612/445-2313 ,1,T'� ' Y :ted ., . May 21, 1998 Dan Hughes, Chief of Police Shakopee Police Department 476 Gorman Street Shakopee, Minnesota 55379 Re: Letter of Resignation Dear Chief Hughes, Please accept my letter of resignation effective June 7, 1998. After more than thirty-seven years as a police officer in Shakopee, I feel it is time to retire. The Police Department has meant a lot to me and has been an important part of my life. I have enough good memories to last me the next thirty-seven years. I wish good luck to all the officers, especially the ones just getting started. I hope they enjoy police work as much as I have. Thank you, City of Shakopee and Police Department, for a great thirty-seven years! Sincerely, Richard R. Kaley Sergeant 4t3 To Serve To Pro tec t .,.....---::-.4-7-- :--'>-•;,.._ ,...-.-::.-...5.7;c:-....•.-i,„_____ ..,....--7.7--A t.C'f,,,„.,.: ..,,- ______.,.-.7.)-. ,.,, _, ,,.;:ci-.,.'-:::'....f::;,::::.,-, ==--,....-02.4; .--- v-:-=-----'1.7;siig ....,-;; ;;:.,:...."-,;- -iii,-1..-0;:g1`..;':::.,,.:1-.,,-.....,•_,-.=-.-:..,.7y/..;:-.:;:::::::i:i:i.:,;,-."'"-• :.‹.-i;P:...*:;:4::•?;:-.°J.i""-ii ,''-r-_"..-_, .;";•,4,,-1.:,-;4,,.,-1:,.,.., .-. -it-....,::,:.::,,.'„,i•,',P..,,,,'i,/,,;,6.40,,M,„ ,1. 0AI4N0,,f -4ii:,'-',-v,,g0:4,.54.,..,,,..., ".;;;If.r_'. .1:;4/,g,.i,o..!:::i;0:.r.„,..... l?,'.•,.,;,416g-if;:*..j,.:':::'?.'4i,-f,.i.,'.:.4?'..-'7,',.;:F.:.7.- V ..:4 .4,0-;:;,,,%,, ,,-„,:„.,2,1” ,',..4,x,.„,,,,,,:‘,.:••• - , ...;,...a,,,...;:,,,,‘„?4,,,,,,, . ,•,,L,...,..;,..i-:.7.4,:".4,4::. ,,.. ,'i,s;,,---6'.4',3,', ....--7, -:...,.,...?.?:..,?,-,...,,:,<, „:„..,,,,,,, ..,,,y.t.,;,..w.t,,41 ,h, ''' Rtl' af,:-‘1''' --0.i1N. -:-:-,--:- r<4;." ',1-7' L''c'''''s- "4.1,$*"'.'----.•'''zs'A-7, -,-,Iet-.1.---."'F,*;ciiiiMk----1,4-',. ."':i7,-.--...--:17.1 .-.:i-j.:4-a.t."W:7 --.;-?;:fkitfri -MAI; 1,"'''''." );',...0i\ ..; ,(:"*..''. _.,.„,,,i, .,',V,--::: .-P-..4'4,0:-.;-;--4-.7:::.' -i..T..z.,.i.,,,'..,,,4v _-rgovh, `,si,---.1.z.,41,i i h.-..-.i_.r.,,,.., ..,..,-,z.,.,.,:,,,,:,...,,,,,_:-......,.....: :n,4_,:: ,..z.,- ..,-.•.t,,----,.....:±:.=-.;- ;:.7•1'...'''...-"';•-,---.471 iP;.,,; .•:,..1-,,..i.;:‘ g i - RESOLIXTIONNO4916 , v2k,-..:.-i1) A RESOLUTION OF APPRECIATION TO RICHARD KALEY ./). ..11r. .NA-i4 ' -itql Pi' n.•;‘',/7.4\ ; y.4' .''.A.,.,:r... Al:t.,.-;-L ...As.• , ii7:;;Z•ii, -A...5: kal-':';?' WHEREAS,Richard"Dick"Kaley was hired October 1, 1960, as a nolice officer and promoted to Sergeant hi June of 1972; and .- • •ifit‘ ,-,„1-&w. --. ...-4?"/ ,-,C4, WHEREAS, Sergeant Dick Kaley has unselfishly contributed many hours ,.-f-41, of professional management to Shakopee Civil Defense programs, made himself _ .. ... , ,,,,:.:4. '•,..-.:,,!...:-::-......„ .-:-Y-4-:...'''-'",-- personally available to monitor monthly siren testing and arranged for repair and '!-....;.-y maintenance of all sirens; and .':,;!i=c .'1,,. It'.,. ,r.".;, :?, "'",.:: •-\ '1,1'' f'1,,, WHEREAS, Dick Kaley, having spent the majority of his life in 4„ '''''1•,'". '-'1'-'''-.'4' Shakopee, has earned the friendship, trust and support of this community, city .--P.,-;> staff and co-workers; and WHEREAS, Dick Kaley is a prime example of Community Policing with his natural ability to make friends, be happy, lift morale, and to spread goodwill • to the community he serves. We will miss his positive attitude and unique talent • • .. .-;, ,,,f..----.:, .:3,..i,..-.. as department and community historian; and ---\ --,,...:,..... ..,...-.) L-..,...-,:. ,,,,...4 ,..4.1.,........, -e..--...-,i WHEREAS, Dick Kaley has resigned his position with the City of Shakopee Police Department effective June 7, 1998. ''.:-..., .4.4.., La,... 7. \‘• ';.;_.:.1.. NOW THEREFORE, BE IT RESOLVED by the Shakopee City .-.4- --`,....:,..e,,. '' .1': ':11'. ."'-'79'• Council on behalf of the residents of Shakopee and on behalf of the Shakopee ,,....5:,,,:-,,....---*.i...,•,. • Police Department and City staff, that the Shakopee City Council does hereby extend to Dick Kaley the deep appreciation of the City for his thirty-seven ,,......::-.A.1.-;:,:, ,....,.,.. and dedicated service to the community. yearsofprofessional k.-....;„:. .,--:.,..::. t....4 - '.:,,''','•14,, AV.:,,::::3:;e4, Adopted in Adjourned Regular Session of the City Council of the City of • Shakopee, Minnesota, held this 16th day of June 1998. ,.., - .:,.... Mayor of the City of Shakopee - , ..... ATTEST: 1 . 1...Ji. '' .."-'••-•'..,.,.;i: '., ,,- 4,t........,:....)., ' '''./— i!47...,'A '.."'•'..f, ..,./. .....0. A Ci lerk - ' --- - -- - -- ---- - _ ': ' ' - "...,. ' ,'• :-.- - --t-l'::',`- . .„.,,,, ,.,,, 1,-.2-`,''' ,,,,,,„..,,,4,„, --,..'2„:, .,.,,,.„-.(,..„,,,.1 ''.-L--' ',-..i,§.:-,-,,-, .g.,,,, '-z..-.--..4-,.:::: • . ' -.,. - — . '-;:f,::4:=v1:,,:.. - - ,s ,-. - .:t----:- :,.: .,. ..,;,;,:.,.--%:,.-",,,,t:,...., ,,ii;,' ''-ii. ',::':,,........,c:'-' -'.. ":- ".• ',!. -:. -, - .--- ,.. -4,.,,, :,,, ,.. -.:, _:,, .-..!,.„-- -_:,--,,,,.. ... .;;--?? -.....,... -..-,.-: - --...::-'' .- - -- --,--' •---,-- -.:,-::-: ''-'.'::-,',....'''.'.• [ --, 15. 0. C.. CITY OF SHAKOPEE CON$EL Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of PoliceW Date: June 12, 1998 Subject: Civil Defense Siren Purchase INTRODUCTION: The Police Department is seeking approval to purchase a Civil Defense warning siren to meet the growth needs of the City. BACKGROUND: The City's commercial and residential areas have expanded past the range of our existing siren placements. The new siren will be placed in the area south of Highway 169 near Marschall Road for coverage to the hospital, new residential and commercial property, and the proposed school. The number of vendors available to provide bids on civil defense sirens is limited. Bids were received from two vendors;Front Line Plus Fire&Rescue, Monticello, MN and Fesler's Inc.,North Liberty, Iowa, both of which have supplied sirens to the City in the past. Front Line Plus Fire&Rescue, quote for a Whelen WPS 2800-5 siren is: WPS 2800-5 siren $13,585.00 sales tax $ 883.03 est. shipping $ 600.00 Total $15,068.03 Fesler's Inc. quote for a Whelen WPS 2800-5 siren is: WPS 2800-5 $14,295.00 (includes shipping) sales tax to be paid by City $ 929.18 Total $15,224.18 Both vendors require 10-12 weeks delivery time. Z1143 000 BUDGET IMPACT: The 1998 capital equipment division of the Police Department's budget has $18,000 identified for the purchase and installation of a new civil defense siren. ACTION REQUESTED: If Council concurs, they should, by motion, authorize the appropriate city officials to purchase a Whelen Model WPS 2800-5 Civil Defense Warning Siren from Front Line Plus Fire and Rescue for $13,585.00 plus tax, shipping and installation. Dan Hughes Chief of Police I 5 . E . I. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Manufactured Home Park Closing Ordinance DATE: June 11, 1998 INTRODUCTION: The Council is asked to take public input, and indicate whether it wishes to consider a change to the City ordinance regarding the closure of manufactured home parks. BACKGROUND: In April, a State organization which represents residents of manufactured home parks (All Parks Alliance for Change, a/k/a APAC) sent a letter to the City Council requesting a change in the City ordinance which would govern the sale of manufactured home parks. This specifically relates to Shakopee's only mobile home park within the City limits, Valley Haven Park, located at 1501 First Avenue East. The residents represented by APAC are asking that the City enact an ordinance similar to that of the City of Elk River, which protects residents during a park sale whose manufactured homes cannot be easily relocated. Most of the homes in Valley Haven are more than ten years old, which they indicate is beyond the age that other parks will usually accept for relocation. A summary of the Elk River ordinance was provided by APAC, and is attached. Also included are the applicable Elk River Ordinances. LEGAL REQUIREMENTS: I have conferred with the City Attorney about this issue. He advises that there is a State law that regulates the closings of manufactured home parks. Among other things,the law requires that the operator of the park prepare a closure statement, and that the City Council hold a public hearing about the closure. The State law also allows municipalities to regulate park closings and to require payment of reasonable relocation costs to displaced residents. One of the major issues before the Council at the June 16th meeting is what those reasonable relocation costs might be. MOBILE.DOC A summary of the State law and comparisons with two other City ordinances are attached. It requires that the City be given nine months notice to make changes to the ordinance regarding manufactured home park closings. In effect,the request of the residents has started the process at this time. In addition to relocation costs, the City Council may also require that other parties, including the City itself, involved in a park closing provide additional compensation to residents to mitigate any adverse financial impacts. Finally, if the purchaser of the park intends to close the park or convert it to another use within one year of the execution of the agreement,the owner must provide information on the cash price in terms and conditions of the purchaser's offer to any resident requesting the information. For a period of 45 days after the official notice is given,the owners of at least 51 percent of the manufactured homes in the park have the right to meet the cash price and purchase the park for the purpose of keeping it as a manufactured housing community. The owner would be obligated to accept the offer in most circumstances. BLOOMINGTON ORDINANCE: The City of Bloomington enacted an ordinance following a park closure in 1988, which affected between 40 and 50 homes. At that time,there was no protection for the residents, and many of the owners of those homes were forced to sell their homes for scrap, as the homes could not be moved to other parks. Following this, the State Legislature got involved, and enacted a law which authorizes cities to enact ordinances to protect park residents. In Bloomington,they sought a compromise between park owners, who felt that cities should do nothing, and the home owners, who wanted full compensation for relocation. What Bloomington ended up with was a provision which places a 20 percent cap on the amount that a mobile home park owner must pay as an aggregate relocation cost to the residents of the particular park, if it were closed. There have been two park closings since this was enacted, and the 20 percent limit was more than adequate in both cases. However, Bloomington was sued by the owner of one of the parks,Arcadia Development Corporation v. City of Bloomington, who challenged the constitutionality of the city ordinance required in mobile home park owners who close their park to pay relocation costs to park residents. The Court of Appeals upheld the District Court ruling, saying that the ordinance did not impact unconstitutional taking. DISCUSSION: Obviously,the potential closing of a manufactured home park is an emotional issue for park residents, many of whom have lived there for 30 years or more. Valley Haven residents fear that because of the age of their homes,they may not be able to find another park which will take their -2- MOBILE.DOC home within 25 miles. Their current homes are often close to jobs, and they see a significant disruption,both in their life style, and economically, if there is only State law to protect them. For that reason,they have asked the City of Shakopee to enact the rather encompassing Elk River ordinance. On the other hand,park owners are concerned that if the local ordinance is too restrictive,that the park may never be able to be sold, and therefore, if the current owner does not continue to invest money for upkeep in what might be seen as a losing proposition, ultimately it could have a negative impact on the residents of the park, who would see maintenance standards spiral downward. That also imparts neighboring properties and the City as a whole. A letter from the Valley Haven park owners is attached. As shown,they feel that the State law is adequate, and a public hearing is not needed, as the park is not anticipated to be closed by the new owner. The State law covers only relocation costs. What the Valley Haven residents have requested is that the ordinance mandate a purchase of the homes at market value which would probably need to be determined by an independent appraiser. To wait to hold a public hearing after a park closure notice has been given is probably too late. One other issue that Shakopee might need to consider if going to the Bloomington ordinance is a 20 percent cap. That was adequate in Bloomington, where the land values are probably higher than those of Shakopee. Would a 20 percent cap be sufficient for adequate compensation? According to the City Assessor,the value of the Valley Haven property as a mobile home park is $234,000; while insufficient comparable sales exist on First Avenue,the best estimate that the City Assessor can give for the 2.27 acre Valley Haven property is $4 per square foot, or $395,525. Using rounded figures,that means between$47,000 and$80,000 limitation for relocation under a Bloomington-style ordinance. According to a representative of the Minnesota Manufactured Housing Association, the probable value of 10 foot by 50 foot mobile homes of a 30 year age may be in the $500 to $2,000 range (like motor vehicles,there is a wholesale and resale value). (However,Valley Haven residents show tax valuation as being much higher, in some cases.) Therefore, it is possible that the relocation benefits to be paid as a requirement of some of these ordinances may exceed the value of some of the homes. The Minnesota Manufactured Housing Association representative indicated that by taking action on this now,the City would be, in effect, put in a tax of 20 percent of the park's value on the property. He asked that the City wait, and determine any relocation costs at such time that a park closing notice is given. To do anything in advance of that would be to unnecessarily restrict the ability of the park owner in coming up with possible relocation packages which would actually be a benefit to the residents. In his view,rather than the scenario outlined by the park residents,there may be parks in the metropolitan area which,because of the age of the park, can only accept 10 foot by 50 foot mobile homes; newer parks are set up to handle"double wides". Having a full park helps to insure financial viability. -3- MOBILE.DOC The City Council will be asked to take input from both sides at the June 16th meeting to determine what, if any, ordinance it may wish to enact. RECOMMENDATION: Because of the amount of information from both sides, it is recommended that the Council take input from both sides of the June 16 meeting to determine what, if any, ordinance it may wish to enact. It is possible that in order to make a more informed decision, doing a survey of the Valley Park homes, and determining the values that are there might be in order. An appraiser would need to be brought in,and the fees for the appraiser paid. At the same time, a survey of current available spaces in other manufactured housing parks within a 25 mile radius could give a better indication of what number of Valley Park mobile homes could be absorbed elsewhere, should that time come. ACTION REQUIRED: The City Council should hear testimony from both sides, and direct staff as to what, if any ordinance provisions it wishes to make for an ordinance governing the closure of manufactured home parks. Y1 � Mark McNeill City Administrator MM:tw [H:\toni\mobile.docj Attachments: Letter From Bob& Pauline Benedict APAC Letters of April 25 and May 7, 1998 Elk River Ordinance Summary Applicable Elk River Ordinances City of Bloomington Ordinance City Attorney Comparison Summary Letter from Valley Haven Resident CC: Pauline Benedict, Owner, Valley Haven Manufactured Home Park Barnet Stief, Shakopee Ford Earl Leman, Resident,Valley Haven Sarah Isaacson,APAC Mark Lambert, MN Manufactured Housing Association -4- MOBILE.DOC June 8, 1998 Mr. Mark McNeill City Administrator City of Shakopee Shakopee, MN 55379 Fax #445-6718 Dear Mark: Thanks for forwarding a copy of your June 5th memorandum regarding the Manufactured Home Park Closing Ordinance as well as alerting us by phone that there will be a hearing on this ordinance on June 12. It our position that this hearing is important and essential and should be held at the time mandated by State Law (327C.095 Park Closings) - UPON NOTIFICATION OF PARK CLOSING. We have a purchase agreement to sell the Park AS A MOBILE HOME PARK. According to State Law (please see enclosed regarding Park closings) Subdivision 6, covers the intent to convert the use of Park at time of purchase, IF there is to be a park closing. It states: "Before the execution of an agreement to purchase a manufactured home park, the purchaser must notify the Park owner in writing if the purchaser intends to close the manufactured home park or convert it to another use within 1 year of the execution of the agreement. The Park owner shall provide a resident of each manufactured home with a 45 day written notice of the purchaser's intent to close the park or convert it to another use. The notice must state that the park owner will provide information on the cash price and terms and conditions of the purchaser's offer to residents requesting the information." The buyer, with whom we have a purchase agreement, is aware of the state law and at no time has notified us in writing of his intent to close the Park. Therefore, it would be at least a year - if ever - that this hearing would need to take place. If Valley Haven Park is ever closed, State Law under subdivision 4 of 327C.095 mandates exactly the public hearing you are discussing for relocation costs. It states: "The governing body of the municipality shall hold a public hearing to review the closure statement and any impact that the Park closing may have on the displaced residents and the park owner. Before any change in use or cessation of operation and as a condition of the change, the governing body may require a payment by the park owner to be made to the displaced resident for the reasonable relocation costs. If a resident cannot relocate the home to another manufactured home park within a 25 mile radius of the park that is being closed, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents. The governing body of the municipality may also require other parties INCLUDING THE MUNICIPALITY involved in the park closing provide additional compensation to residents to mitigate the adverse financial impact of the park closing upon the residents." Again, our position is that the hearing you wish to hold is vitally important and mandated by State Law, BUT should be held upon notification of a park closing so that the closure statement as well as the impact of the closing can be reviewed. AT PRESENT, THERE IS NO CLOSURE STATEMENT, BECAUSE THERE IS NO PARK CLOSING. We respectfully ask the council to delay this hearing to the appropriate time dictated by State Law - at the time of notification of Park closing (if it ever closes). Sincerely, '464 dailid, Robert & Pauline Benedict Owners/Valley Haven Park Az....p A Li A It !ParkA CThwiO antl 14C)1 CllgAngS 2395 University Avenue West, Suite 202 St. Paul, MN 55114 Tel: (612) 644-5525 Fax: (612) 642-0060 April 25, 1998 Mayor Jon Brekke City of Shakopee Shakopee,MN 55457 Dear Mayor Brekke: Imagine thirty homes in Shakopee being removed in order to make room for commercial redevelopment. In our neighborhood,that's thirty families,senior citizens,disabled,and young children. Some families have lived here for thirty years. If this ever happened,residents need to know that they would not face unnecessary and excessive financial burdens. We,the residents of Shakopee living at 1501 First Avenue East,Valley Haven Manufactured Home Park,would like the Shakopee City Council to pass a Park Closing Ordinance. In the case of a park closing,the Ordinance provides relocation costs for homes that can be moved to other parks. It also protects residents whose homes cannot be relocated. These homeowners can elect to have their homes bought out at their market value by the purchaser(developer)of the park property. The city of Shakopee can be proactive and pass a park closing ordinance even though Valley Haven is not closing. As a neighborhood that is positioned between two commercial lots,we feel vulnerable to sale and redevelopment because our park was put up for sale last fall.We are homeowners as well as tenants,and we would like to have our home ownership recognized by our elected officials of Shakopee. State law enables,but does not require,cities to require the owner of a closing park,to pay reasonable relocation costs for homes that can be moved to other parks within 25 miles. The law also enables cities to provide additional compensation as it deems necessary,such as the purchase of homes at market value. p �'Y Enclosed is a copy of the Park Closing Ordinance passed by the city of Elk River. Similar ordinances have been passed in the cities of Dayton,Burnsville,Moundsview,Lake Elmo,Hopkins,and Bloomington. As APAC representatives of our park,we are part of a non-profit community organization of manufactured home park residents in the Twin Cities metro area. Through grassroots organizing and leadership development,we protect the rights of residents and promote positive changes in our community. Thank you for your time and consideration of an ordinance that would protect homeowners and residents of Shakopee. We look forward to meeting you at the May 5th City Council meeting. Sincerely, Q, 1 / 6641.4. ? � • Earl Leman Merlin Bentz lenna Crowley Althea Rank Anna Troseth Valley Haven APAC Resident Association Representatives w 4119? C.)t-LCHA\ Attachment 4: _� An Organization of Manufactured Home Residents A 11 Yarkts A lliantl Changl 2395 University Avenue West, Suite 202 St. Paul, MN 55114 Tel: (612) 644-5525 Fax: (612) 642-0060 May 7, 1998 Dear Mayor Brekke: Thank you for hearing our Park Closing Ordinance presentation on Tuesday,May 5, and voting to have a Shakopee Ordinance drafted for review in June. We look forward to the June City Council meeting,that will have our Park owners and potential park purchaser present. Council member Sweeney asked some important clarifying questions, and we thank both City Administrator Mark McNeill and City Attorney Jim Thomson for responding to those. We thought it would be helpful to explain before June, who pays what. The first page of the ordinance introduces the basic terms used in the ordinance such as "lot" and "displaced residents". In the second page compensation is explained. Three basic options existed for Elk River residents: 1) When the park is closed for redevelopment,the park owner pays to relocate homes to another park located within 25-miles. This payment includes personal property such as porches and items attached to home. It also includes the cost of "moving insurance". 2) If a resident decides they want to move their home outside of the 25-mile radius, and keep title to the home, they receive the average cost of Scenario #1. 3) If a home cannot be moved due to age or condition, which is very much the case for many homes in our park,the purchaser of the park buys out the homes at market or tax value. We understand that Mr. McNeill and Mr. Thomson will discuss this further, and that we will be contacted about negotiating certain details. We do not oppose re-development and private property owners ability to make a profit. We want to say again that even if the park never closed, this ordinance would give us assurance that our financial investment and personal experience as citizens of Shakopee has not gone un-noticed. Thank you for your time and listening ear. BeckeCVVr NActiol Sincerely, 7y et --1 , 7)!2 Valley Haven APAC Resident a resentative -y''t& - fe/L-e-cAL.t An Organizi,lo :sof Man factured Home Residents L I I 1) 4 11 Yarkw 4 Ilictncs Icff aling I 2395 University Avenue West, Suite 202 St. Paul, MN 55114 Tel: (612) 644-5525 Fax: (612) 642-0060 Summary of the enclosed City of Elk River Minnesota Ordinance no.97-3 on Manufactured Home Park Closings • Definitions of closure statement,Displaced Resident,Lot,Manufactured Home,Park Owner,Person • Notice of Closing: If a park is to be closed the residents receive nine months notice prior to the closure. • Notice of Public Hearing: the Planning Commission shall submit the closure statement to the city council and request a public hearing. An announcement will be mailed to each manufactured home in the park,and the park owner will provide the city with a list of the names and address of one resident of each home. • Public Hearing will be held to review the closure statement and evaluating the impact on residents and park owner. Payment of relocation costs: The park owner shall pay to the displaced resident the reasonable cost of relocating the home to another park located within a twenty-five mile radius. The relocation costs shall include the expense of moving home,personal property,insurance for the replacement value of the property being moved. In this case,if a resident can't relocate the home within 25 miles the resident is entitled to relocation costs based upon an average of costs awarded to other residents in the park. The resident shall retain the title to the home and responsible for its prompt removal from park. The park owner shall make the payments to the persona performing the relocation services after written evidence of payment of relocation costs by a displaced resident. The displaced resident must submit a contract or other verified cost estimate • Payment of Additional Compensation Amendment: If resident either cannot or chooses not to relocate the home within a 25-mile radius of the park, resident can receive an amount equal to the estimated market value of the home as determined by an independent appraiser. • Violation of the provision is a misdemeanor. The City shall not issue a building permit in conjunction with reuse of the park unless the park owner has paid reasonable location costs and purchaser of the park has provided additional compensation. 1 gie212 9!lit . *- : /- rJ , 'N An Organization of Manufactured Home Residents CITY OF ELK RIVER, MINNESOTA ORDINANCE NO. 97-3 MANUFACTURED HOME PARK CLOSINGS SECTION 1010 . 00 . PURPOSE . ' In view of the peculiar nature and problems presented by the closure or conversion of manufactured home parks, the City Council finds that the public health, safety and general welfare will be promoted by requiring compensation to displaced residents of such parks . The purpose of this Section is to require park owners to pay displaced residents reasonable relocation costs and purchasers of manufactured home parks to pay additional compensation, pursuant to the authority granted under Minnesota Statutes, Section 327C. 095. SECTION 1010. 02. DEFINITIONS The following words and terms when used in this Section shall have the following meanings unless the context clearly indicates otherwise : CLOSURE STATEMENT: A statement prepared by the park owner clearly stating the park is closing, addressing the availability, location and potential costs of adequate replacement housing within a twenty-five (25) mile radius of the park that is closing and the probable relocation costs of the manufactured homes located in the park. DISPLACED RESIDENT: A resident of an owner-occupied manufactured home who rents a lot in a manufactured home park, including the members of the resident' s household, as of the date park owner submits a closure statement to the City' s Planning Commission. LOT: An area within a manufactured home park, designed and used for the accommodation of a manufactured home. MANUFACTURED HOME:_ A structure, not affixed to or part of real estate, transportable in one or more sections, which in the traveling mode, is eight (8) feet or more in width or forty (40) feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained in it. PARK OWNER: The owner of a manufactured home park and any person acting on behalf of the owner in the operation or management of a park. • 1 1 Person: Any individual, corporation, firm, partnership, incorporated and unincorporated association or any other legal or commercial entity. SECTION 1010.04. NOTICE OF CLOSING. If a manufactured home park is to be closed, converted in whole or part to another use or terminated as a use of the property, the park owner shall, at least nine (9) months prior to the closure, conversion to another use or termination of use, provide • a copy of a closure statement to a resident of each manufactured home and to the City' s Planning Commission. SECTION 1010.06. NOTICE OF PUBLIC HEARING The Planning Commission shall submit the closure statement to the City Council and request the City Council to schedule a public hearing. The City shall mail a notice at least ten (10) days prior to the public hearing to a resident of each manufactured home in the park stating the time, place and purpose of the hearing. The park owner shall provide the City with a list of the names and addresses of at least one resident of each manufactured home in the park at the time the closure statement is submitted to the Planning Commission. SECTION 1010 .08 PUBLIC HEARING. A public hearing shall be held before the City Council for the purpose of reviewing the closure statement and evaluating what impact the bark closing may have on the displaced residents and the park owner. SECTION 1010 .10 PAYMENT OF RELOCATION COSTS. 1. After service of the closure statement by the park owner and upon submittal by the displaced resident of a contract or other verification of relocation expenses, the park owner shall pay to the displaced resident the reasonable cost of relocating the • manufactured home to another manufactured home park located within a twenty-fiv .. (25) mile radius of the park that is being closed, converted to_another use, or ceasing operation. Reasonable relocation costs shall include: A. The actual expenses incurred in moving the displaced resident' s manufactured home and personal property, including the reasonable cost of disassembling, moving and reassembling any attached appurtenances, such as porches, decks, skirting and awnings; which were not acquired after notice of closure or conversion of the park, and utility "hook-up" charges. B. The cost of insurance for the replacement value of the property being moved. 2 C. The cost of repairs or modifications that are required in order to take down, move and set up the manufactured home. 2 . If a resident cannot relocate the manufactured home within a twenty-five (25) mile radius of the park which is being closed or some other agreed upon distance, and the resident elects not to tender title to the manufactured home, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents in the park. 3. A displaced resident compensated under this section shall retain title to the manufactured home and shall be responsible for its prompt removal from the manufactured home park. 4 . The park owner shall make the payments under this section directly to the person performing the relocation services after performance thereof, or, upon submission of written evidence of payment of relocation costs by a displaced resident, shall reimburse the displaced resident for such costs. 5. The displaced resident must submit a contract or other verified cost estimate for relocating the manufactured home to the park owner as a condition to the park owner' s liability to pay relocation expenses . SECTION 1010 . 12 PAYMENT OF ADDITIONAL COMPENSATION. If aresident cannot relocate the manufactured home within a twenty- ' ve (25) mile radius of the park that is being closed or some other _ eed upon distance and tenders title to the manufactured ho., , the resident is entitled to additional compensation to be p._q by the purchaser of the park in order to mitigate the adverse finan,.' _1 impact of the park closing. In such instance, the additional c ensation shall be in an amount equal to the estimated market value - the manufactured home as determined by an independent appraiser - •erienced in mobile home appraisal approved by the City Administrato The purchaser shall pay the cost of the appraisal. The purc . ser shall pay such compensation into an escrow account, establi ' -d by the park owner, for distribution upon transfer of title to the -.me . Such compensation shall be paid to the displaced residents no --ter than the earlier of sixty (60) days prior to the closing of =e park or its conversion to another use. SECTION 1010 .14 PENALTY. 1 . Violation of any provision of this Section shall be a misdemeanor. 2 . Any provisions of this r.-ion may be enforced by injunction or other appropriate civil remedy. • 3 3. The City shall not issue a building permit in conjunction with reuse of manufactured home park property unless the park owner has paid reasonablelocation costs and the purchaser of the park has provided additional compensation in accordance with the requirements of this Section. Approval of any application for rezoning, platting, conditional use permit, planned unit development or variance in conjunction with a park closing or conversion shall be conditional on compliance with the requirements of this Chapter. SECTION 1010.16 EFFECTIVE DATE. This ordinance shall be effective upon publication. ) • 4 . K _; • Passed and adopted by the City Council of the City of Elk River this 17th day of March, i 199 . R / } I . en,' A. Duitsman Ma •r J Sandra A. Thackeray City Clerk • • Viirygii ORDINANCE NO. 97- 7 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 1010.12 (MANUFACTURED HOME PARK CLOSINGS) OF THE CITY CODE OF ORDINANCES The City Council of the City of Elk River does hereby ordain as follows: Section 1. That Section 1010.12 of the City of Elk River Code of Ordinances shall be amended by deleting existing Section 1010.12 and substituting new Section 1010.12 as follows: 1010,12 - PAYMENT OF ADDITIONAL COMPENSATION If a resident either cannot or chooses not to relocate the manufactured home within a 25-mile radius of the park that is being closed or some other agreed upon distance and tenders title to the manufactured home, the resident is entitled to additional compensation to be paid by the purchaser of the park in order to mitigate the adverse financial impact of the park closing. In such instance, the additional compensation shall be in an amount equal to the estimated market value of the manufactured home as determined by an independent appraiser experienced in mobile home appraisal approved by the City.Administrator. The purchaser shall pay the cost of the appraisal or shall reimburse the City for any advances it makes to such appraiser for such cost. The purchaser shall pay such compensation into an escrow account, established by the park owner, for distribution upon transfer of title to the home. Suc• c De sation shall be paid to the displaced residents no later than the earlier of si. y (60�ys prior to the closing of the park or its conversion to another use. Section 2. This ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this 21' day of April, 1997. , C 67 r e (A. Duitsman, Mayor Sandra A. Thackeray, City Clerk / SELLED 514146.1 ORDINANCE 97 - 22 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 1010.12 (MANUFACTURED HOME PARK CLOSINGS) OF THE CITY CODE OF ORDINANCES CASE NO. OA 97-14 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 1010.12 of the City of Elk River Code of Ordinances shall be amended by deleting existing Section 1010.12 and substituting new Section 1010.12 as follows: 1010.12 - PAYMENT OF ADDITIONAL COMPENSATION If a resident either cannot or chooses not to relocate the manufactured home within a 25-mile radius of the park that is being closed or some other agreed upon distance and tenders title to the manufactured home, the resident is entitled to additional compensation to be paid by the purchaser of the park in order to mitigate the adverse financial impact of the park closing. In such instance, the additional compensation shall be an amount equal to the estimated market value of the manufactured home as determined by an independent appraiser experienced in mobile home appraisal approved by the City Administrator. The purchaser shall pay the cost of the appraisal or shall reimburse the City for any advances it makes to such appraiser for such cost. The purchaser shall pay such compensation into an escrow account, established by the park owner, for distribution upon transfer of title to the home. Such c / nsation shall be paid to the displaced residents no later than the nin y (90) days prior to the earlier of closing of the park or its conversion to anothe se. Section 2. That this ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this17th day of November , 1997. /.t I\% 1 4-4 ----z--P, _ enry Duitsman Mayor i •-• " . ,-,--1.---4--,-62,6,‹ s------)---g-etc-dt-e-<, Sandra A. Thackeray City Clerk \\elkriver\sys\shrdoc\document\ordinanc\oa97-14.doc 04'24'98 14:10 CITY OP I;LOOMINGTON ADMIN ItPT 4 93379310 NO.85? P002 BLOOMINGTON CITY CODE required by the declarant to vacate upon less than 120 days written notice, except by reason of non-payment of rent,waste, or unlawful conduct or violation of any other term or condition of the lease other than the expiration. and the terms of the tenancy may not be altered during that period. Failure of a declarant to give notice as required by this Section constitutes a defense to an action for possession. (b) On the date of the giving of the notice of conversion to a tenant and/or subtenant as provided in paragraph (a) above, the declarant shall send by United States mall to the City license division written notice of conversion.which states the fact of conversion or the intent to convert SEC. 15.33. PENALTY, (a) Violation of any provision of this Article shall be a misdemeanor. (b) Any provision of this Article may be enforced by injunction. ARTICLE IV. MANUFACTURED HOME PARK CLOSINGS Added by Ord. No.89.57, 10-30.89 $EC. 16.69 PURPOSE. • In view of the peculiar nature and problems presented by the closure at conversion of manufactured home parks. the City Council finds that the public health, safety and general welfare will be promoted by requiring compensation to displaced residents of such parks. The purpose of this Article is to require park owners to pay displaced residents reasonable relocation costs and purchasers of manufactured home parks to pay additional compensation. pursuant to the authority granted under Minnesota Statutes,Section 327C.095. (Added by Ord. No.89-67.10-30.89) SEC. 15.70. DEEJNITIONS- The following words and terms when used In this Article shall have the following meanings unless the context clearly indicates otherwise: Closure statement- a statement prepared by the park owner clearly stating the park is closing, addressing the availability, location and potential costs of adequate replacement housing within a 25 mile radius of the park that is ciosing and the probable relocation costs of the manufactured homes located in the park. r -a resident of an owner-occupied manufactured home who rents a lot In a manufactured home park, including the members of the resident's household. as of the date the park owner submits a closure statement to trio Clgrs Planning Commission. tat-an area within a manufactured home park, designed or used for the accommodation of a manufactured home. Manufactured home- a structure, not affixed to or part of real estate.transportable in one or more sections, which in the traveling mode. is 8 body feet or more in width or 40 body feet or more in length,or,when erected on site, is 320 or more square feet,and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning,and electrical system contained in it. n home -anysite, field or tract of land uponwhich two or more occupied manufactured Manufactured Dark lot, homes are located,either free of charge or for compensation,and includes any building,structure,tent vehicle or enclosure used or Intended for use as part of the equipment of the manufactured home perk. This definition does not Include facilities which are open only during three or fewer seasons of the year. Park owner-the owner of a manufactured home park and any person acting on behalf of the owner In the operation or management of a park. Eenzwi Ifirmpartnership, incorporated and unincorporated association or any -anyindividual. corporation, . rpo rpo other legal or commercial entity. (Added by Ort. No. 89-67,10}30-89) . 1.c.-1A Ebb—d 170/ZO'd 180-1 0IE61EE+ N3AV80 7 A03NN3)I—woad Wd9Z:p0 86-170—unf 04'24'98 ld:ie CITY OF $LOOMtNGTON ADMIN DEPT 3 93379319 NO.857 berm 8UILD1NGS AND STRUCTURES SEC. 14.71, NOTICt_OLCI.CISING. If a manufactured home perk is to be dosed.converted in whole or part to another use or terminated as a use of the property. the park owner shell, at least nine months Prior to the closure. conversion to another use or termination of use. provide a copy of a closure statement to a resident of each manufactured home and to the City's Planning Commission. (Added by Ord.No. 89-57, 10-30-89) SEC.51.C..11.71.2i0.110ESEELIBLICIMMEG. The Planning Commission shall submit the closure statement to the City Council and request the City Council to schedule a public hearing. The City shall mail a notice at least ten days prior to the public hearing to a resident of each manufactured home in the park statieg the tune, place and purpose of the hearing. The park owner shall provide the City with a list of the names and address of at least one resident of each manufactured home in the park at the time the closure statement is submitted to the Planning Commission. (Added by Ord. No.89-57, 1040-89) SEC. 1533. PUBLIC. A public hearing shall be held before the City Council for the purpose of reviewing the closure statement and evaluating what impact the park closing may have on the displaced residents and the park owner. (Added by Ord. No.89-57, 10-30-89) , . 15.74. PAYMENT 0E.RE1_QCA'1'1ON QQSTS, Aller service of the closure statement by the park owner and upon submittal by the displaced resident of a contract or other verification of relocation expenses, the park owner shall pay to the displaced resident the reasonable cost of relocating the manufactured home to another manufactured home park located within a 25 mile radius of the park that is being dosed. converted to another use or ceasing operation Reasonable relocations costs shall include. (A) The actual expenses Incurred in moving the displaced resident's manufactured home and personal property, including the reasonable cost of dissembling, moving and reassembling any attached appurtenances, such as porches, decks. skirting and awnings. which were hot acquired alter notice of closure or conversion of the park, and utility"hook-up'charges. (B) The cost of insurance for the replacement value of the property being moved. (C) The cost of repairs or modifications that are required In order to move the manufactured home. (Added by Ord. No.8957, 10-30-89) �, a. •DDiTI.N . I• (A) If a resident cannot relocate the manufactured home within a 25 mile radius of the park that is being closed or some other agreed upon distance, the resident Is entitled to additional compensation to be paid by the purchaser of the perk, In order to mitigate the adverse financial impact of the park closing. If the resident lancers the title to the manufactured home, the additional compensation shall be in an amount equal to the estimated mancet value of the manufactured home as determined by the City Assessor and as reported on the residents most recent property tax statement The purchaser shall pay such compensation into an escrow account established by the park owner, for distribution upon transfer of title to the home. Such compensation shall be paid to the displaced residents no later than ttltrty (30) days prior to the Nosing of the park or Its conversion to another use. (B) If A resident cannot relocate the manufactured home within a 25 mIle radius of the park which is being closed or some other agreed upon distance, and the resident elects not to tender title to the manufactured home, the resident Is entitled to relocation costs based upon an average of relocation costs awarded to other residents in me park (C) The total compensation to be paid to displaced residents by the park owner and purchaser of the park shall not exceed twenty percent of the purchase price of the park, (Added by Ord. Na.89-57, 10-30-89) 15.14 Ebb-d VO/EO'd 1130-1 OlE61EE+ N3AVE 9 A03NN3)i-woad wdSZ:170 86-b0-unr 0424/98 14:10 CITY OF BLOOMINGTON ADMIN DEPT 4 93379310 NO.857 P004 BLOOMINGTON CITY CODE SEC. 15.7e. VERPICATLON QF co $,, The displaced resident must submit a contract or other verified cost estimate for relocating the manufactured home to the park owner Ibr approval as a condition to the park owner's liability to pay relocation expenses. If the park owner refuses to pay the contract or other verified costs estimate,the perk owner shall arrange for relocating the manufactured home and pay the relocation costs identified in Section 15.74 of this Article. (Added by Ord. No.89,57, 10-30-89) sEC,A,m_f E L.IL (a) Violation of any provision of this Article shall be a misdemeanor. (b) Any provisions of this Article may be enforced by injunction or other appropriate civil remedy. (c) The City shall not Issue a building permit in conjunction with reuse of manufactured home park property unless the park owner has paid reasonable relocation costs and the purchaser of the park has provided additional compensation in accordance with the requirements of the Article. (Added by Ord. No. 8957. 10 10-30-89:Ord. No.93.2, 1-1193) SEC. 15.78. EFFECTWEJNEL This ordinance shall be affective thirty(30)days after publication. (Added by Ord. No.8967, 10-30-89) ARTICLE V. SECURITY DEVICES Added by Ord.No.67-71. 12-26-67 SEs 1s o2 SEe RITY REQUIREMENTS-ExEMP MS All existing and future buildings In the City of Bloomington used by any person for the purpose of conducting. managing. or carrying on any business, with the exception of those hereinafter described. shall, when unattended, be so secured as to prevent unauthorized entry in accordance with specifications for physical security of exterior accessible openings as provided in this Article. A building shall be considered unattended when not occupied by a watchman, maintenance personnel, or other authorized persons during the period that premises are closed to business. Any building used for Group`A"or"B"public assembly occupancy. as defined in Article I of this Chapter. as well as those buildings used for Group 'F' occupancy of the type requiring exit doors to be equipped with panic hardware locks shall be exempt from the provisions hereof relating to exterior doors. Those buildings used for Group"C". 'D', "N', 1", and"J"oexupenCy shall be exempt from the provisions hereof. (Code. 1958$40.01) SEC.j593. SECURITY ENFORCEMENT, The Chief of Police Is hereby authorized and directed to administer and entree the provisions of this Article relating to physical security requirements for buildings in the City of Bloomington which are used fbr business purposes. (Code. 1958 S 40.02) IS 44 BE' ONGI i 11Y FORS CURITY. The responsibility for compliance with the specifications set forth in this Article concerning physical security for exterior openings of buildings used for business purposes and subject to the provisions hereof shall be as follows: (1) When said business does not share the use of exterior openings with any other business establishment,the person operating said business shall be responsible. (2) When two or more businesses share the use of the same exterior openings of any building, the owner of said building or his designated agent shall be responsible. (Code, 1958 S 40.03) 15-15 Ebb-d PO/b0 d £80-1 011611E+ N3AVa9 1 A03NN3N-woad wd9 :pO 8640-Unr Jun-11-98 04:22pm From-KENNEDY & GRAVEN +3379310 T-354 P.02/04 F-974 s MEMORANDUM TO: Mark McNeill FROM: Jim Thomson DATE: June 11, 1998 RE: Manufactured Home Park Closing Ordinance You asked me to summarize and compare the state law, the City of Bloomington ordinance and the City of Elk River ordinance pertaining to closing of manufactured home parks. The following is a summary of the key provisions in the statute and ordinances. State Law The state law pertaining to park closings was adopted in 1987. The key provisions in the law are: 1. At least nine months before the conversion of a manufactured home park,the park owner must prepare a closure statement and provide a copy to the local planning agency and a copy to the resident of each manufactured home in the park. Upon receipt of the closure statement, the local governing body must conduct a public hearing regarding the closing of the park. The purpose of the public hearing is to review the closure statement and any impact that the park closing may have on the displaced residents and the park owner. A park resident cannot be required to vacate the park until 60 days after this hearing is held. 2. The state law authorizes the governing body to require a park owner to pay a reasonable relocation cost to a displaced resident. The state law also provides that the city may require the parties involved in a park closing, including the city, to provide compensation in addition to relocation costs to residents to mitigate the adverse financial impact of the park closing. 3. The state law also requires that before the execution of the purchase agreement the park purchaser must notify the park owner in writing if the purchaser intends to close the park or convert it to another use within one year of the execution of the purchase agreement. if such a notice is given to the park owner, the park owner must provide each resident with a 45-day written notice of the purchaser's intent to close the park. During this 45-day period, the residents of the park have the right to buy the park for the same purchase price. 4. If within a year after the park purchase, the purchaser decides to close the park or convert it to another use, the purchaser must offer the park for purchase by the residents for the original purchase price, plus any expenses relating to the acquisition and improvement of the park property and any increase in value due Jun-11-98 04:22pm From-KENNEDY & GRAVEN +3379310 T-354 P.03/04 F-974 to appreciation of the park. Failure by the park owner or purchaser to comply with these notice requirements authorizes the attorney general or any other person to bring a civil action to recover damages and injunctive relief. In summary, the state law was enacted to: (1) provide certain notice requirements to residents of mobile home parks; (2) provide those residents with an opportunity to purchase the park; (3) allow cities to require the park owner to pay reasonable relocation expenses to displaced residents; and (4) allow cities to adopt their own regulations requiring the park owner to provide additional compensation to displaced residents. One thing to keep in mind is that the state statute does not mandate any payments to displaced residents. Instead, the statute gives the city the authority to require that certain payments be made. The statute also does not give the city the right to either approve or deny the closing of a manufactured home park. Any replacement use would, of course, be subject to the city's normal land use review process. City of Bloomington Ordinance The City of Bloomington ordinance covers many of the same issues addressed in state law concerning notice and public hearing. In addition, the ordinance provides the following relief to residents: 1. The park owner must pay to a displaced resident the reasonable cost of relocating the manufactured home to another manufactured home park within a 25 mile radius. The ordinance defines "reasonable relocation costs" to include: (a) the actual expense incurred in moving the manufactured home and personal property, including the reasonable cost of disassembling,moving and reassembling the home and any utility hookup charges; (b) the cost of insurance for the replacement value of the property being moved; and (c) the cost of repairs or modifications that are required to move the manufactured home. 2. If a park resident cannot relocate the manufactured home within a 25 mile radius and tenders title to the manufactured home to the park owner, the resident is entitled to a payment equal to the estimated market value of the manufactured home as determined by the city assessor and as reported on the resident's most recent property tax statement. If the resident cannot relocate the manufactured home within a 25 mile radius and chooses not to tender title of the manufactured home, the resident is entitled to relocation costs based upon an average of the relocation costs awarded to other residents in the park. 3. The Bloomington ordinance provides that the total compensation to be paid to displaced residents by the park owner and the park purchaser cannot exceed 20% of the purchase price of the park. In summary, the Bloomington ordinance goes further than state law because it requires the park owner or purchaser to purchase the manufactured home for any resident who cannot relocate within a 25 mile radius and who chooses to tender title of the manufactured home to the park owner or park purchaser. Jun-11-98 04:23pm From-KENNEDY & GRAVEN +3379310 T-354 P.04/04 F-974 City of Elk River Ordinance The Elk River ordinance is similar to the Bloomington ordinance. The Elk River ordinance differs from the Bloomington ordinance in the following respects: 1. The purchase price for a manufactured home is not based on the assessed value, but on the estimated market value as determined by an independent appraiser approved by the city administrator. The park purchaser must pay the cost of the appraisal. 2. There is no 20% cap on the amount of payment that can be made to the park resident. 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Cox, City Clerk SUBJECT: Tobacco Regulations DATE: June 11, 1998 INTRODUCTION: City Council is asked to consider adopting a new ordinance setting forth tobacco regulations for the City of Shakopee, and to amend the fees for tobacco licenses. BACKGROUND : On June 2, 1998, the City Council conducted a public hearing on amending the City' s tobacco regulations. Following the hearing, staff was directed to draft an ordinance incorporating the changes identified by the Council . The City Attorney has drafted a new tobacco ordinance which will replace the existing ordinance. In his memo of June 10, 1998, he is asking for clarification on two issues. See memo attached. It is also recommended that the licensing ing fee be increased at this time for administration and on-going enforcement, including prosecutions. Current fees have been reviewed, and it is estimated that $175 per year would be appropriate at this time. (Note: our fees are prorated. ) Fees charged by other jurisdictions: Scott County $250 Savage 100 Prior Lake 250 Belle Plaine 70 New Prague 200 Jordan 25 ALTERNATIVES: 1. Adopt ordinance as drafted 2 . Amend ordinance 3 . Increase current licensee fee from $100 to $175 4 . Increase current licensee fee to another amount 5 . Leave the licensee fee at $100 RECOMMENDATIONS: Adopt the ordinance, including any desired amendments. Amend the fee schedule to increase the license fee to $175 . RECOMMENDED ACTION: After making any desired adjustments, 1 . Offer Ordinance No. 519, Fourth Series, An Ordinance Relating to the Sale, Possession and Use of Tobacco, Tobacco Products and Tobacco Related Devices, by Repealing Section 6 .23 of the City Code and Replacing it with a New Section, and move its adoption. 2 . Offer Resolution No. 4929, A Resolution Amending Resolution No. 4801, A Resolution Setting Fees for City Licenses, Permits, Services and Documents, and move its adoption. LI J it;7 S. Cox, City Clerk h:\judy\toba-616 Jun-12-98 11:00am From—KENNEDY I GRAVEN +3379310 T-388 P.04/11 F-034 CITY OF SHAKOPEE ORDINANCE NO. , FOURTH SERIES AN ORDINANCE RELATING TO THE SALE, POSSESSION AND USE OF TOBACCO, TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES, BY REPEALING SECTION 6.23 OF THE CITY CODE AND REPLACING IT WITH A NEW SECTION The City Council of the City of Shakopee, Minnesota ordains: Section 1 - Section 6.23 of the City Code of Shakopee is repealed in its entirety and is replaced with a new Section to read: Section 6.23. TOBACCO, TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES Subd. 1. Purpose. The city recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products and tobacco related devices, and such sales,possession, and use are violations of both state and federal laws. Studies have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking. Smoking has been shown to be the cause of several serious health problems that place a financial burden on all levels of government. This Section is intended to regulate the sale, possession and use of tobacco, tobacco products and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the use of tobacco, tobacco products and tobacco related devices, and to further the official public policy of Minnesota in regard to preventing young people from starting to smoke, as stated in Minnesota Statutes, Section 144.391. Subd. 2. Definitions and Interpretations. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The following terms shall have the definitions given to them: A. Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" means any substance or item containing tobacco leaf, including but not limited to. cigarettes; ciaars; pipe tobacco: snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated plug cut. crimp cut,ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking B. Tobacco Related Devices. "Tobacco related devices" means any product or device, including but not limited to. pipes, rolling papers, or other devices intentionally designed or intended to be used in a manner that enables the chewing, sniffing, or smoking of tobacco or tobacco products. JTr114734 StU 55-23 1 Jun-12-98 11:00am From-KENNEDY & GRAVEN +3379310 T-388 P.05/11 F-034 C. Self-Service Merchandising. "Self-Service Merchandising" means open displays of tobacco, tobacco products or tobacco related devices in any manner in which any person may have access to the tobacco, tobacco products or tobacco related devices without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention must entail the actual physical exchange of the tobacco, tobacco product or tobacco related device between the customer and the licensee or employee. Self-service merchandising does not include vending machines. D. Ven(ling Machine. "Vending Machine" means any mechanical, electric or electronic, or other type of device that dispenses tobacco,tobacco products or tobacco related devices upon the insertion of money, tokens or other form of payment directly into the machin and includes any such device equipped with mechanical, electric or electronic locking devices. E. Individually Packaged. "Individually packaged" means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, multi- packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered individually packaged. F. l.00sies. "Loosies" means a single or individually packaged cigarette. G. Minor. "Minor" means any natural person who has not yet reached the age of 18 years. H. Retail Establishment. "Retail Establishment" means any place of business in which tobacco, tobacco products or tobacco related devices are available for sale t the general public,including but not be limited to..grocery stores,convenience stores. gas stations and restaurants. I. Moveable Place of Business. "Moveable Place of Business" means any business operated out of a truck, vans automobile, cart or other vehicle or transportable shelter and not at a fixed address, store front or other permanent structure authorized for sales transactions. J. Sale. A "sale" means any transfer of goods for money, trade, barter or other consideration. K. Compliance Checks. "Compliance Checks" means the system used by the city or any other jurisdiction to investigate and ensure that those licensed to sell tobacco, tobacco products and tobacco related devices are complying with the requirements of this Section or any state or federal law or regulation. Compliance checks shall involve the use of minors as authorized by this Section or state law. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products or tobacco related JJT144734 SR155.43 - Jun-12-98 11:01am From-KENNEDY i GRAVEN +3379310 T-388 P.06/11 F-034 devices for educational, research and training purposes as authorized by state or federal Subd. 3. License. No person may sell or offer to sell any tobacco, tobacco products, or tobacco related devices without first having obtained a license to do so from the city in compliance with this Section. A. Application. An application for a license to sell tobacco, tobacco products or tobacco related devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application~ the city clerk shall forward the application to the city council. If the city clerk determines that an application is incomplete, he or the shall return the application to the applicant with notice of the information necessary to make the application complete. B. Action. The city council may either approve or deny the license, or it may delay action for such reasonable period of time as may be necessary to complete any investigation of the application or the applicant. If the city council approves the license, the city clerk shall issue the license to the applicant. If the city council denies the licenses notice of the denial shall be given to the applicant along with notice of the applicant's right to obtain judicial review of the city council's decision_ C. Term. Each license will be issued for a period of one calendar year. If the application is made during the license year, a license may be issued for the remainder of the licensed year on a pro rata basis. Any unexpired fraction of a month shall be counted as a complete month. Every license expires on December 31 of the license year. D. Revocation or Suspension. Anv license issued may be revoked or suspended as provided for in this Section. E. Transfers. A license is valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the city council. F. Moveable Place of Business. No license may be issued to a moveable place of business. Only fixed location businesses are eligible to be licensed under this Section. C. Display. All licenses must be posted and displayed in plain view of the general public on the licensed premise. I . Renewals. The renewal of a license issued under this Section shall be handled in the same manner as the original application. The request for a renewal shall be made by the licensee at least thirty days but no more than sixty days before the expiration of the current license. The issuance of a license issued under this Section shall be considered a privilege and not an absolute right of the applicant and shall not entitle the licensee to an automatic renewal of the license. 3JT144134 SH1SS-23 3 Jun-12-98 11:01am From-KENNEDY 1 GRAVEN +3379310 T-388 P.07/11 F-034 I. Fees. No license shall be issued under this Section until the appropriate license fee has been paid in full. J. Instructional Program. No person shall be issued a license or renewal license to sell tobacco, tobacco products or tobacco-related devices unless an applicant or license holder has an approved program for instructing all employees regarding the legal requirements pertaining to the sale of tobacco, tobacco products or tobacco-related devices at the business premises for which the license was issued. The instructional program shall include, but is not limited to, reviewing the law on the sale of tobacco-related products and requiring employees to request identification from every customer. No license shall be issued unless the applicant or license holder signs a form attesting that each employee of the applicant or license holder has received training and instruction on the sale of tobacco, tobacco products or tobacco-relaxed devices and the date such training occurred. The training shall include information that the sale of such products to minors is illegal, explanation of what proof of age is legally acceptable, and that a sale to a minor can subject the applicant or license holder and their employees to criminal and civil liability. K. Sale by Minors. No minor may furnish, sell or attempt to sell tobacco, tobacco products or tobacco related devices unless written consent has been obtained from the minor's parents. Such written consent must include a statement of the potential penalties that can be imposed under this Section. L. Proof of Age. Any sale of tobacco, tobacco products or tobacco related devices shall not take place unless the licensee requires the purchaser to show proof of age in the same manner required by state law for the purchase of alcoholic beverages. Subd. 4. Basis for Denial of License. If a license is mistakenly issued or renewed to a person, it ma be revo. . u••n the $-scover tha the •erso was the ':ible for !- license _ der this Section. The following shall be grounds for denying the issuance or renewal of a license under this Section: A. The applicant is under the age of 18 years; B. The applicant has been convicted within the past five years of any violation of a federal, state, or local law, or other regulation relating to tobacco, tobacco products or tobacco related devices; C. The applicant has had a license to sell tobacco. tobacco products or tobacco related devices revoked within the twelve months preceding the date of application; D. The applicant fails to provide any information required on the application or provides false or misleading information; or E. The applicant has outstanding fines, penalties, fees or taxes owed to the City, Shakopee Public Utilities Commission, County or State. JYT144734 SH155-23 4 Jun-12-98 11:01am From-KENNEDY & GRAVEN +3379310 T-388 P.08/11 F-034 F. The applicant is prohibited by federal, state or local law or other regulation from holding a license. Subd. 5. Prohibited Sales. It shall be a violation of this Section for any person to furnish,sell or offer to sell tobacco, tobacco products or tobacco related devices as follows: A. To any minor; B. By means of a vending machine; C. By means of self-service merchandising; D. By means of loosies; E. Containing opium,morphine,kimson weed,belladonna,strychnos,cocaine,marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process; or F. By any other means, to any other person, on in any other manner or form prohibited 1w federal, state, or local law_or other regulation. Subd. 6. Vending Machines. It shall be unlawful for a licensee to allow the sale of tobacco, tobacco products or tobacco related devices by the means of a vending machine. Subd. 7. Self-Service Merchandising. It Shall be unlawful for a licensee to allow the sale of tobacco, tobacco products or tobacco related devices through self-service merchandising. All tobacco, tobacco products and tobacco related devices shall either be stored behind a counter or other area not freely accessible to customers. Subd. 8. Responsibility. All licensees shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco related devices on the licensed premises. The sale of any such item by an employee shall be considered a sale by the license holder and shall subject the license holder to the penalties set forth in this Section. Nothing in this Section shall be construed as prohibiting the city council from also subjecting the employee to appropriate penalties under this code, state or federal law,or other applicable law or regulation. Subd. 9. Compliance Checks and Inspections. All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging minors over the age of 15 years to enter the licensed premise to attempt to purchase tobacco, tobacco products or tobacco related devices. Minors used for the purpose of compliance checks must have the written consent of their parents or guardians and shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco,tobacco products or tobacco related devices when such items are obtained as a part of the compliance check. No minor engaged in a compliance check shall use or attempt to use false identification to misrepresent the minor's age. 3.8144734 S)1155-23 5 Jun-12-98 11:02am From—KENNEDY & GRAVEN +3379310 T-388 P.09/11 F-034 Minors engaged in a compliance check shall answer truthfully all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this Section shall prohibit compliance checks authorized by state or federal laws for educational, research, or trainin,g purposes, or required for the enforcement of a particular state or federal law. Subd. 10. Other Tlle,gal Acts. Unless otherwise provided, the following acts shall be a violation of this Section; A. Sales. For any person to sell or attempt to sell or furnish any tobacco, tobacco product or tobacco related device to any minor: 13. Possession. For any minor to have in his or her possession any tobacco, tobacco product or tobacco related device, excluding any minor lawfully involved in a compliance check. C. Use. For any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product or tobacco related device; D. Procurement. For any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco related device; for any person to purchase or otherwise obtain any such item on behalf of a minor; or for any person to coerce or attempt to coerce a minor to purchase or otherwise obtain or use any tobacco. tobacco product, or tobacco related device in a manner contrary to law, excluding any minor lawfully involved in a compliance check; and F. Use of False Identification. For any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Subd. 11. Violations. A_ Notice_ The city shall issue a notice of violation to any licensee or individual suspected of violating any provision of this Section. The notice of violation shall be served personally or by mail. The notice shall contain the alleged violation and a statement concerning the right_to a hearing. B. Hearing. If a person accused of violating this Section so requests, a hearing shall be scheduled before a hearing officer at a time and place which shall be published and provided to the accused violator. C. Hearing Officer. The city council shall serve as the hearing officer in any hearing requested under this Section. D. Decision. Following the hearing, if the city council determines by a preponderance of the evidence that a violation of this Section occurred, that decision, along with the city JJT144fl4 6 SUSS-23 Jun-12-98 11:02am From-KENNEDY & GRAVEN +3379310 T-388 P.10/11 F-034 council's reasons for finding a violation and the administrative penalty to be imposed under Subd. 12 of this Section, shall be recorded in writing, a copy of which shall be provided to the violator. If the city council finds that no violation occurred, such finding shall be recorded and a copy provided to the licensee. E. Judicial Review. Anv final decision by the city council under this Section nay be reviewed in the manner and procedure authorized by state law. F. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. G. Prosecution. Nothing in this Section shall prohibit the city from seeking prosecution for any alleged violation. Subd- 12. Administrative Penalties. A. Licensees. • y licensee who furnishes, sells or attempts to sell tobacco, tobacco products or tobacco related devices to a minor or whose employee furnishes, sells or attempts to sell tobacco, tobacco products or tobacco related devices to a minor shall be charged an administrative fine of$200 for a first violation, $500 for a second violation at the same licensed premises within a 36 month period and $1,000 for a third or subsequent violation at the same licensed premises within a 36 mon* period. Any licensee who furnishes, sells or attempts to sell tobacco, tobacco products or tobacco related devices to a minor or whose employee furnishes, sells or attempts to sell tobacco, Tobacco products or tobacco related devices to a minor may also have his or her license suspended for up to 10 days for a first violation and up to 20 days for a second violation at the same licensed premises within a 36 rnonthperiod, and either a 30-day suspension or revocation of the license for a third or subsequent violation at the same licensed premises within a 36 month period. Any revoked license shall not be eligible for reinstatement for at least twelve months. B. Other Individuals. Any individual who sells tobacco, tobacco products or tobacco related devices to a minor shall be charged an administrative penalty of$50, subject to The rift to a hearing before the city council as provided in Subd. 11 of this Section. Nothing in this Section shall prohibit the city or other jurisdiction from seeking criminal prosecution for any alleged violation of this Section by any individual other than a licensee or employee of a licensee. 13. Criminal Penalties. A. It shall be a gross misdemeanor for anyone to sell tobacco, tobacco products or tobacco-related devices to a minor. B. It shall be a misdemeanor fox anyone to furnish tobacco,tobacco products or tobacco- related devices to a minor_ 7.77144734 7 Sl3155-23 Jun-12-98 11:03am From-KENNEDY I GRAVEN +3379310 7-388 P.11/11 F-034 C. It shall be a petty misdemeanor for a minor to smoke, chew, sniff or otherwise use tobacco, tobacco products or tobacco-related devices. D. It shall be a petty misdemeanor for a minor to have in his or her possession tobacco, tobacco products or tobacco-related devices. This provision does not apply to a minor who is an employee of a license holder while stocking tobacco, tobacco products or tobacco-related devices or to a minor lawfully involved in a compliance check. E. It shall be a petty misdemeanor for a minor to purchase, or attempt to purchase tobacco, tobacco products or tobacco-related devices, or for any person to purchase or otherwise obtain such items on behalf of a minor. This provision does not apply to a minor who purchases or attempts to purchase tobacco-related products while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes. F. It shall be a petty misdemeanor for a minor to sell, furnish..or give away any tobacco, tobacco products or tobacco-related devices. G. It shall be a petty misdemeanor for a minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of any other person or one on which the age of the minor has been modified or tampered with to represent an age older than the actual age of the minor. Subd. 14. Exceptions and Defenses. Nothing in this Section shall prevent the providing of tobacco, tobacco products or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to a charge of violating this Section that the licensee or an employee of the licensee relied in good faith on proof of age in the manner required by state law for the purchase of alcoholic beverages. Subd. 15. Amendment. The city clerk shall make reasonable efforts to send the Scott County Community Health Services and all tobacco retailers thirty days mailed notice of proposed amendments to this Section. Section 2 -Effective Date. This ordinance shall take effect 60 days after its adoption and publication in the city's official newspaper. 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 JJT144734 8 SH155-23 Jun-12-98 10:59am From-KENNEDY & GRAVEN +3379310 T-388 P.02/11 F-034 ORDINANCE NO. , FOURTH SERIES_ AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,PROVIDING A SUMMARY OF ORDINANCE NO. , FOURTH SERIES, AN ORDINANCE RELATING TO THE SALE, POSSESSION AND USE OF TOBACCO, TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES, BY REPEALING SECTION 6.23 OF THE CITY CODE AND REPLACING IT WITH A NEW SECTION Section 1 - Ordinance No. amends City Code Chapter 6 by repealing the existing Section 6.23 and replacing it with an entirely new section. Subd. I of the ordinance sets forth the purpose and intent of the new ordinance, which is to regulate the salt, possession and use of tobacco, tobacco products and tobacco related devices for the protection of minors. Subd. 2 of the ordinance sets forth the definitions and interpretation of the terms used in the ordinance. Subd. 3 of the ordinance sets forth the requirements needed for any person to obtain a license for the sale of tobacco, tobacco products or tobacco related devices. One of those requirements is that an applicant for a license have an approved program for instructing all employees regarding the legal requirements pertaining to the sale of tobacco, tobacco products or tobacco related devices. Subd. 4 of the ordinance sets forth the basis for which a license may be denied. Subd. 5 of the ordinance sets forth the types of sales that are prohibited under the ordinance. Prohibited sales include sales to minors, sales by means of a vending machine, and sales by means of self-service merchandising. Subds. 6 and 7 of the ordinance set forth the requirements that licensees may not use either vending machines or self-service merchandising to sell tobacco, tobacco products or tobacco related devices. Subd. 8 of the ordinance provides that all licensees are responsible for the actions of their employees. Subd. 9 of the ordinance requires that compliance checks and inspections be performed at least once per year by the City. =145(01 £:1155-23 Jun-12-98 11:00am From-KENNEDY & GRAVEN +3379310 T-388 P.03/11 F-034 Subd. 10 of the ordinance sets forth other illegal acts regarding the use of tobacco, tobacco products and tobacco related devices. Those illegal acts include possession or use by a minor, procurement of such products for a minor, and use of false identification. Subd. 11 of the ordinance provides a hearing process before the City Council for those persons charged with a violation of the ordinance. Subd. 12 of the ordinance sets forth the administrative penalties. Those penalties include a fine of $200 for a first violation, $500 for a second violation, and $1,000 for a third or subsequent violation within a 36 month period. Licensees are also subject to suspension and revocation of their license under this subdivision. Individuals who sell tobacco,tobacco products or tobacco related devices to a minor shall be charged an administrative penalty of$50. Subd. 13 of the ordinance sets forth the criminal penalties for violation of the ordinance. Subd. 14 of the ordinance provides that a person may use as an affirmative defense that they relied in good faith on proof of age in the manner required by state law for the purchase of alcoholic beverages. Subd. 15 of the ordinance requires the City Clerk to use reasonable effort to send Scott County Community Health Services and all tobacco retailers 30 days mailed notice of proposed amendments to Section 6.23. Section 2 of the ordinance establishes that the effective date of the ordinance is 60 days after its adoption and publication. Section 2 - Effective Date. This summary ordinance becomes effective 60 days from and after its adoption and publication. 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 Published in the Shakopee Valley News on the day of , 1998. JJT145071 SH155-23 Jun-15-98 06:20pm From—KENNEDY & GRAVEN 6123379310 T-492 P.02/02 F-215 15. E . 2 . MEMORANDUM TO: Judy Cox FROM: Jim Thomson DATE: June 10, 1998 RE: Tobacco Ordinance ®oma. ... Enclosed is a draft of the ordinance amendment relating to the sale of tobacco. The ordinance incorporates all of the recommendations made by the city council. In addition to the ordinance amendment, we will also need to amend the license fee to increase it to $175. There are a couple of issues that still need to be addressed. They are: 1. The state law regarding self-service states that the tobacco cannot be offered for sale "in open displays which are accessible to the public without the intervention of a store employee." The county ordinance requires all tobacco products to be "stored behind a counter? The proposed ordinance (Subd. 7) states that tobacco products must "either be stored behind a counter or in an area that is not freely accessible to the public without the intervention of a store employee." Julie Woodruff prefers the language in the county ordinance. 2. 1 have included a provision that if a license is revoked it is not eligible for reinstatement for at Ieast 12 months. This provision is consistent with the model ordinance adopted by the League of Minnesota Cities. The county ordinance is ambiguous on this issue. Section 10.0 of the county ordinance states that any license that is revoked shall not be eligible for renewal for a period of two years. Section 6.0 states, however, that one of the grounds for denying the issuance of a license is that the applicant has had a previous license revoked within 12 months of the date of the application. 1)1'144874 SIi155-23 ls, E. 3 , CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Awarding Sale of 1998A Improvement Bonds DATE: June 11, 1998 Introduction Council action is needed award the sale of the first improvement bonds for 1998 . Background The resolution being prepared by bond counsel awards the sale of improvement bonds for 1998A. This is a routine event . The bonds being sold will finance the 1998 Southbridge project . The resolution needs to be adopted at the June 16th Council meeting to complete the bond sale. It is expected that Springsted will bring the resolution to the council meeting. Action Offer Resolution No. 4931 A Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $4,495, 000 General Obligation Improvement Bonds, Series 1998A, and move its adoption. AU74-rule GreggVoxland Finance Director N:\cash\bonds\97bbonds RESOLUTION NO. 4 9 31 A RESOLUTION AWARDING THE SALE OF $4,495,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Shakopee, Scott County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. The proposal of (Purchaser) to purchase $4,495,000 General Obligation Improvement Bonds, Series 1998A (Bonds) of the City described in the Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Interest Year of Interest Maturity Rate Maturity Rate 2000 2005 2001 2006 2002 2007 2003 2008 2004 2009 True interest cost: 1.02. The sum of$ being the amount proposed by the Purchaser in excess of$4,450,050 will be credited to the Debt Service Fund hereinafter created. The City Finance Director is directed to deposit the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Administrator are directed to execute a contract with the Purchaser on behalf of the City. 1.03. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapter 429 (Act) in the total principal amount of$4,495,000, originally dated July 1, 1998, in the denomination of$5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: SJB144685 SH1S5-64 2 Year Amount Year Amount 2000 $1,825,000 2005 $230,000 2001 605,000 2006 225,000 2002 500,000 2007 220,000 2003 235,000 2008 215,000 2004 230,000 2009 210,000 1.04. Optional Redemption. The City may elect on February 1, 2002, and on any day thereafter to prepay Bonds due on or after February 1, 2003. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 1999, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar,transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new SJB144685 SH155-64 3 Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. SJB144685 SH155-64 4 (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints , Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver,on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. SJB144685 SH155-64 5 Section 3. Form of Bond. 3.01. The Bonds will be printed or typewritten in substantially the following form: [Face of the Bond] No. R- UNITED STATES OF AMERICA $ STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1998A Date of Rate Maturity Original Issue CUSIP July 1, 1998 Registered Owner: Cede & Co. The City of Shakopee, Minnesota, a duly organized and existing municipal corporation in Scott County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of$ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 1999, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof,the principal hereof are payable in lawful money of the United States of America by check or draft by , Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2002, and on any day thereafter to prepay Bonds due on or after February 1, 2003. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify Depository Trust Company (DTC)of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each SJB144685 SH155-64 6 participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. Additional provisions of this Bond are contained on the reverse hereof and such provisions for all purposes have the same effect as though fully set forth in this place. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Shakopee, Scott County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF SHAKOPEE, MINNESOTA (Facsimile) (Facsimile) City Administrator Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of$4,495,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on June 16, 1998 (the Resolution), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest hereon are payable primarily from special assessments against property specially benefitted by local improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself SJB144685 ^7 SH155-64 to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of$5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein,this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota,to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done,do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act not as tenants in common (State) Additional abbreviations may also be used though not in the above list. SJB144685 O SH155-64 O ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"),the New York Stock Exchange, Inc. Medallion Signatures Program("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP,all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) SJB144685 SH155-64 9 Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered Owner Officer of Registrar Cede & Co. Federal ID #13-2555119 3.02. The City Administrator is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. (a) The Bonds are payable from the Improvement Bonds, Series 1998A Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of special assessments (Assessments) levied or to be levied for the improvements described in the resolution authorizing the sale of the Bonds (Improvements) financed by the Bonds are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for the advances out of the proceeds of Assessments when collected. There is appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. (b) The proceeds of the Bonds, less the appropriations made in paragraph(a),together with any other funds appropriated for the Improvements and Assessments collected during the construction of the Improvements will be deposited in a separate construction fund (which may contain separate accounts for each Improvement) to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvement. Any balance remaining in the construction fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act. When the Improvements are completed and the cost SJB144685 SH155-64 10 thereof paid, the construction account is to be closed and subsequent collections of Assessments for the Improvements are to be deposited in the Debt Service Fund. 4.02. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 19992 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments, the City Council will levy ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. It is hereby determined that the estimated collections of Assessments and interest thereon for payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.04. The City Clerk is authorized and directed to file a certified copy of this resolution with the County Auditor of Scott County and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. SJB144685 SH155-64 11 5.02. The Mayor and City Administrator are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System; Limited Obligation of City. 7.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York,New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership SJB144685 SH155-64 12 interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or(iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. SJB144685 SH155-64 13 Section 8. Continuing Disclosure. 8.01. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, [any Bondholder may take] [the Trustee may (and, at the request of any Participating Underwriter or the Holders of at least 25%aggregate principal amount of Outstanding Bonds,the Trustee must)or any Bondholder may take] such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. SJB144685 SH155-64 14 STATE OF MINNESOTA ) COUNTY OF SCOTT ) SS. CITY OF SHAKOPEE ) I,the undersigned, being the duly qualified and acting City Clerk of the City of Shakopee, Scott County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on June 16, 1998 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $4,495,000 General Obligation Improvement Bonds, Series 1998A of the City. WITNESS My hand officially as such City Clerk and the corporate seal of the City this day of , 1998. City Clerk Shakopee, Minnesota (SEAL) SJB144685 SH155-64 15 85 E.SEVENTH PLACE,SUITE 100 SAINT PAUL,MN 55101-2887 612-223-3000 FAX:612-223-3002 SPRINGSTED Public Finance Advisors Ailir $4,495,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS,SERIES 1998A (BOOK ENTRY ONLY) AWARD: NORWEST INVESTMENT SERVICES, INC. PIPER JAFFRAY INC. SALE: June 16, 1998 Moody's Rating: Aaa FSA Insured Interest Net Interest True Interest Bidder Rates Price Cost Rate NORWEST INVESTMENT SERVICES, INC. 3.80% 2000 $4,456,814.70 $781,343.43 4.3596% PIPER JAFFRAY INC. 4.00% 2001 4.05% 2002 4.10% 2003 4.125% 2004 4.15% 2005 4.20% 2006 4.25% 2007 4.30% 2008 4.40% 2009 DAIN RAUSCHER INCORPORATED 4.125% 2000-2003 $4,465,076.15 $793,503.12 4.4246% 4.15% 2004 4.20% 2005 4.25% 2006 4.375% 2007 4.40% 2008 4.45% 2009 (Continued) SAINT PAUL,MN • MINNEAPOLIS,MN • BROOKFIELD,WI • OVERLAND PARK,KS • WASHINGTON,DC • DES MOINES,IA Interest Net Interest True Interest Bidder Rates Price Cost Rate PAINEWEBBER INCORPORATED 4.00% 2000-2001 $4,462,142.30 $798,279.99 4.4480% MORGAN STANLEY DEAN WITTER 4.10% 2002 DEAN WITTER REYNOLDS INC. 4.15% 2003 CIBC OPPENHEIMER CORPORATION 4.20% 2004 4.30% 2005 4.35% 2006 4.40% 2007 4.45% 2008 4.55% 2009 CRONIN &COMPANY, INCORPORATED 4.00% 2000-2001 $4,455,690.40 $806,669.60 4.5010% SALOMON SMITH BARNEY 4.10% 2002 4.20% 2003 4.25% 2004 4.35% 2005-2006 4.40% 2007 4.45% 2008 4.55% 2009 REOFFERING SCHEDULE OF THE PURCHASER Rate Year Yield 3.80% 2000 Par 4.00% 2001 Par 4.05% 2002 Par 4.10% 2003 Par 4.125% 2004 4.15% 4.15% 2005 4.25% 4.20% 2006 4.30% 4.25% 2007 4.35% 4.30% 2008 4.40% 4.40% 2009 4.50% BBI: 5.08% Average Maturity: 4.00 Years MOODY'S ASSIGNS A2 TO SHAKOPEE, MN $4,495,000 G.O. IMPROVEMENT BONDS, SERIES 1998A Shakopee(City of) MN Municipality Minnesota Moody's Rating Issue Rating General Obligation Improvement Bonds, Series 1998A A2 Sale Amount $4,495,000.00 Expected Sale Date 06/16/98 Rating Description General Obligation NEW YORK, June 12, 1998--Moody's has assigned an A2 rating and stable outlook to the City of Shakopee's $4,495,000 General Obligation Improvement Bonds, Series 1998A. The A2 rating is based on the city's substantial and diverse tax base, strong financial position and manageable debt levels. MOODY'S EXPECTS ACCELERATED EXPANSION FOR THIS GROWING SUBURB SOUTHWEST OF THE TWIN CITIES DUE TO IMPROVED ROAD ACCESS AND NEW DEVELOPMENT: Shakopee is a second tier suburb of Minneapolis-St. Paul with a substantial and diverse tax base that includes a sizable and diverse commercial and industrial sector. The tax base has grown at an average annual rate of 6% since 1992. Moody's expects this rate to accelerate further due to the recent completion of three major transportation projects that will provide improved access to more fully developed inner ring suburbs. Seagate Inc. is scheduled to begin construction of a new research facility later this year with a total of 1,200 employees. The socioeconomic profile of city residents, as measured by income levels and housing values, is moderately above state norms, 114% of the median family income and 104% of the per capita income averages. Unemployment in Scott County, at 2.8%,was lower than the 3.2% state average for March 1998. AMPLE FINANCIAL RESERVES; GENERAL FUND BALANCE EXCEEDS 71% OF REVENUES: Moody's believes the city will maintain its sound financial position due to conservative budgeting and continued tax base growth.The General Fund balance is sufficient to meet both cash flow and contingency requirements. With an actual operating surplus of$968,000 which was significantly more than anticipated for year-end 1996, the General Fund balance increased to$4.2 million or 71%of General Fund revenues. While a draw in reserves occurred in fiscal 1997, the unaudited General Fund balance was a healthy$3.8 million. MODERATE DEBT LEVELS REFLECT RAPID AMORTIZATION AND STRONG TAX BASE GROWTH: The city's direct debt level of 3.1% exceeds the 1.7% median and reflects the infrastructure needs and activity of a rapidly expanding community. Debt burden is 8.1% compared with the 3.3% median for similarly sized cities, 1 primarily due to borrowing by the Shakopee Independent School District. Debt service as a percent of the budget is high, at nearly 30%, but is paid from special assessments and tax increments, thus minimizing the impact on the tax levy. Debt issuance has been primarily to support development needs. The principal amortization schedule is aggressive with 86.4% retired in ten years. Despite future borrowing of an additional $2.25 million annually for improvement needs over the next two to three years, Moody's expects the city's debt levels to remain manageable due to anticipated tax base growth and rapid amortization. ANALYSTS: Edward Damutz, Analyst, Public Finance Group, Moody's Investors Service Dianne Golub, Senior Credit Officer, Public Finance Group, Moody's Investors Service CONTACTS: Journalists: (212)553-0376 Research Clients: (212)553-1625 2 /5- E. 1/ CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJECT: 1998 Budget Amendment Resolution No. 4924 DATE: June 8, 1998 Introduction and Background: Several things have occurred during 1998 that warrant a change in the 1998 budget. The changes are; 1) Police Dept grants as previously discussed, 2) Police Dept donation for equipment as previously discussed, 3) Fire Dept - VFW donations for equipment as previously discussed, 4) Planning Dept - funding for 1998 Geographical Information System from contingency as previously discussed, 5) Park - electric lines to Civic Center ballfields - was in 1997 budget and not completed, 6) Storm cleanup costs excluding street light replacement. Item Division Account# Amount Grants Police 0356-4xxx $10,000. Grants- Revenue Police 0356-3340 10,000. Grants- Revenue Police 0357-3340 15,800. Grants Police 0357-4xxx 15,800. Donations Fire 0321-4550 4,300. Donations- Revenue Fire 9001-3620 4,300. Donations Police 0311-4550 1,650. Donations (1997)Revenue Unallocated 0911-4490 (1,650). GIS sytem Planning 0172-4380 18,000. Contingency Unallocated 0911-4490 (18,000). Ballfield utilities Park 0621-4XXX 4,000. Contingency Unallocated 0911-4490 (4,000). Storm cleanup Street 0431-4xxx 400,000. Storm cleanup General Fund- Fund Balance (400,000). Contingency Status: The original appropriation was $190,000. Earmarked for specific purposes was $129,460 as follows; 1) Police NW cooperative membership $10,000, 2) Imaging Technology $40,000 (18,000 used so far), 3) Position reclassifications $15,000 (actual cost not determined yet), 4) Two new positions within the Community Development Department$64,460 (one not filled yet). Of the remaining "not earmarked" appropriation of$60,540, the wages change for 1998 over and above the amounts budgeted in the departments has not been calculated and deducted from contingency yet. $9,187 has been spent on monitoring wells and the scout barn. If Council wanted to basically draw contingency down to about zero, the following amounts could be appropriated for cleanup costs; 1) Police Nw cooperative $10,000, 2) Technology $22,000, 3) open position in community development not filled $30,000, 4) position reclassification $5,000, 5) "not ear marked" contingency $20,000. Total is $87,000. This figures are only estimates and we are less than half way through 1998. Attached is a copy of the General Fund operating statement for 1997. Recommendation: Adopt the budget amending resolution as prepared. Action: Offer Resolution No. 4924 a resolution amending Resolution No. 4803 adopting the 1998 Budget and move its adoption. Gr`egg •xland Finan«- Director n:\budget\98abudgamd EXHIBIT A-1 CITY OF SHAKOPEE, MINNESOTA GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31, 1997 1997 Over (Under) 1996 Budget Actual Budget Actual Revenues Taxes $ 2,966,665 $ 3,093,665 $ 127,000 $ 2,873,265 Licenses And Permits 556,100 746,705 190,605 711,190 Intergovernmental 927,469 955,070 27,601 876,219 Charges For Services 711,690 1,045,053 333,363 1,075,570 Fines And Forfeits 80,000 84,708 4,708 95,865 Miscellaneous 169,100 438,044 268,944 318,052 Total Revenues 5,411,024 6,363,245 952,221 5,950,161 Expenditures Current General Government 1,683,980 1,502,375 (181,605) 1,401,633 Public Safety 2,458,880 2,394,648 (64,232) 2,207,346 Public Works 1,335,030 1,222,062 (112,968) 1,198,715 Recreation 356,460 315,551 (40,909) 282,599 Miscellaneous 132,860 90,936 (41,924) 20,209 Total Expenditures 5,967,210 5,525,572 (441,638) 5,110,502 Excess (Deficiency) Of Revenues Over Expenditures (556,186) 837,673 1,393,859 839,659 Other Financing Sources (Uses) Operating Transfers In 824,000 991,545 167,545 789,233 Operating Transfers Out (1,298,527) (2,321,602) (1,023,075) (663,596) Sale Of Property 75,000 75,000 2,462 Total Other Financing Sources (Uses) (474,527) (1,255,057) (780,530) 128,099 Excess (Deficiency) of Revenues And Other Financing Sources Over Expenditures And Other Financing Uses (1,030,713) (417,384) 613,329 967,758 Fund Balance January 1 4,245,885 4,245,885 3,278,127 Fund Balance December 31 $ 3,215,172 $ 3,828,501 $ 613,329 $ 4,245,885 RESOLUTION No. 4924 A RESOLUTION AMENDING RESOLUTION 4803 ADOPTING THE 1998 BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the 1998 General Fund budget is amended as follows; Expenditures Division Amount Planning $ 18,000 Police 27,450 Fire 4,300 Street 400,000 Park Maint. 4,000 Unallocated (23,650) Revenue Grants 25,800 Donations 4,300 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 Rev ed RESOLUTION No. 4924 A RESOLUTION AMENDING RESOLUTION 4803 ADOPTING THE 1998 BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the 1998 General Fund budget is amended as follows; Expenditures Division Amount Planning $ 18,000 Police 27,450 Fire 4,300 Street 400,000 Park Maint. 4,000 Unallocated (78,163) Revenue Grants 25,800 Donations 4,300 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 Sheet1 1998A BUDGET AMEND Budget YTD 1996 Ytd Revenue 5,766,904 2,601,311 45% 1997 Ytd Revenue 6,235,024 3,067,685 49% 1998 Ytd Revenue 6,498,144 2,916,833 45% 1996 Ytd Expenditures 6,318,079 2,625,251 42% 1997 Ytd Expenditures 7,265,737 2,621,211 36% 1998 Ytd Expenditures 6,617,720 2,564,843 39% CONTINGENCY Original 1998 appropriation $ 190,000 Used MIS (18,000) Position Reclassifications (5,000) Wage settlements (20,000) Monitoring Well/scout barn (9,187) Engineering Tech (20,000) GIS Tech (34,000) Police 1997 donation exp. (1,650) Ball field Utilities- 1997 budget (4,000) $ 78,163 Storm Cleanup (400,000) Shortage-needed from fund balance r$ (321,837) Page 1 is S" City of Shakopee CONSENT Memorandum a TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Tattoo License for David Young Choe DATE: June 5, 1998 INTRODUCTION: City Council is asked to consider the application of Mr. David Young Choe for a Tattoo License. BACKGROUND: Mr. Choe has applied for a Tattoo License to work for Linda Kurian at her business known as Body Art located at 205 South Lewis Street. Since her initial Tattoo License was issued in 1994, Ms. Kurian has hired additional employees to also practice tattooing at her establishment. A background investigation was conducted by the Police Department on David Young Choe. Nothing in the applicant's background was found to preclude him from being licensed. It is appropriate that this license be considered at this time. Mr. Choe has been added to the insurance of Ms. Kurian. The required insurance for this license is now in order. ALTERNATIVES: 1. Approve the application for a tattoo license for David Young Choe. 2. Deny the application for a tattoo license for David Young Choe. 3. Table the application for additional information. RECOMMENDATION: Staff recommends Alternative#1, approve the application for a tattoo license for David Young Choe. RECOMMENDED ACTION: 1. Approve the application and grant a Tattoo License to David Young Choe, Body Art, 205 South Lewis Street. • lerk JSC:bjm Attachments [i:\license\tattoo.mem] CITY OF SHAKOPEE MEMORANDUM CONSENT MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: 1998/1999 Intoxicating Liquor License Renewals DATE: June 11, 1998 Introduction The following businesses have applied for a 1998-99 Liquor License (s) . Staff has checked for delinquent property taxes and utility bills. The Building Inspector has visited premises for the annual inspection, per City Code. Applications and certificates of insurance have been reviewed for compliance with state requirements . Some applications are not in order for one of the reasons identified in the preceding paragraph. Council approval of those licenses will be conditioned upon compliance with all City Code requirements. No licenses will be delivered until the licensees are in compliance with all requirements. Mr. John Stich has transfered his stock in The Main Event to Ms . Cindy Kerkow. Ms. Kerkow has undergone the customary background investigation. There was nothing obtained during the investigation to cause the application to be denied. There will be no change in the license name. I have been in contact with Mr. David Goff, Minnesota Department of Health, Public Water Supply Unit, Section of Drinking Water Protection. He has advised that the well at Dangerfields and at the KC Hall have been recently tested and found to be in compliance with maximum contaminant levels set by the state and federal Safe Drinking Water Rules for the contaminants analyzed. It is appropriate, therefore, for City Council to approve waiving the requirement of City Code Section 5 . 02, Subd. 9 which requires connection to City water and sewer. no ji Recommended Action 1. Approve the application (s) and grant an Off Sale, On Sale, Sunday, and/or Club Intoxicating Liquor License (s) , conditioned upon compliance with all City Code requirements, to: Application In Order Applicant On Sale Sunday Off Sale Club Yes Bretbecca, Inc. X X X (dba Pullman Club) 124 West 1st Avenue Yes Rock Spring Restaurant, Inc.X X X 1561 E. 1st Avenue Yes Babe ' s Place X X X 124 South Holmes Yes Canterbury Park Concessions, Inc. X X X 1100 Canterbury Road Yes Dangerfield' s Restaurant X X Inc. 1583 E. 1st Avenue No (Inspect) Canterbury Inn, Inc. X X dba Best Western/Canterbury Inn 1244 Canterbury Road (includes volleyball court) (New corporate name. Formerly MIN Hotel Corp. ) No (Ins) Turtle' s Bar and Grill X X Inc. 132 East First Avenue Yes AFFC, Inc. X X (Arnie ' s Friendly Folks Club) 122 East First Avenue Yes Shakopee Ballroom and Banquet Center Inc . 2400 4th Avenue X X On Sale Sunday Off Sale Club Yes The Main Event of X X Shakopee Inc. 911 East 1st Avenue (includes deck) Yes Pablo' s Mexican Restaurant X Inc. 230 South Lewis Street Yes Family Dining Inc . X dba Budget Liquor 6268 Hwy 101 Yes Riverside Liquors, Inc. X 507 E. 1st Avenue Yes Valley Liquor, Inc. X 1104 Minn. Valley Mall No (Insp) MGM Spirits Express, Inc . X dba MGM Liquor Warehouse 471 Marschall Road Yes The American Legion X X X Club Post No. 2 1266 East 1st Avenue Yes Knights of Columbus Home X X X Assn. , Inc. 1760 East 4th Avenue Yes VFW Post #4046, Inc. X X X 1201 East Third Avenue Yes Fraternal Order of Eagles X X X 220 2nd Avenue West 2 . Waive the requirement of the City Code Section 5 . 02, Subd. 9 for Dangerfield' s Restaurant Inc. and for Knights of Columbus Home Association, Inc. 3 . Consistent with previous approvals, the following conditions are placed on the approval of the license for The Main Event of Shakopee Inc. : a. The extended 648 square foot area of the license which includes the deck shall be closed on a daily basis to the public at sunset and no sale or consumption of food or beverages is allowed on the deck after sunset . b. The doors to the extended deck license area shall remain closed at all times after sunset except in the case of an emergency. c. Applicant' s failure to comply with any of these conditions shall be grounds for suspension or revocation of the license by the City Council . IAALdxv j- , ak Ci' Clerk (I:\bev\liquor\memobeer..lig] 1.5". E. CITY OF SHAKOPEE CONSENT MEMORANDUM MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: 1998\1999 3 .2 Percent Malt Liquor License Renewals DATE: June 11, 1998 INTRODUCTION The following businesses have applied for a 1998-99 On and/or Off Sale 3 .2 Percent Malt Liquor License (s) . Staff has checked for delinquent property taxes and utility bills. The Building Inspector has visited premises for the annual inspection, per City Code. Applications and certificates of insurance have been reviewed for compliance with state requirements. Some applications are not in order for one of the reasons identified in the preceding paragraph. Council approval of those licenses will be conditioned upon compliance with all City Code requirements. No licenses will be delivered until the licensees are in compliance with all requirements. I have been in contact with Mr. David Goff, Minnesota Department of Health, Public Water Supply Unit, Section of Drinking Water Protection. He has advised that the well at Stonebrook Golf Course has been recently tested and found to be in compliance with maximum contaminant levels set by the state and federal Safe Drinking Water Rules for the contaminants analyzed. It is appropriate, therefore, for City Council to approve waiving the requirement of City Code Section 5 . 02, Subd. 9 which requires connection to City water and sewer. ACTION REOUESTED 1. Approve the application(s) and grant an On Sale and/or Off Sale 3 .2 Percent Liquor License (s) , conditional upon compliance with all City Code requirements, to: 3 .-.... : , 4-1 _ Application In Order Applicant On Sale Off Sale No (Ins) Speedway SuperAmerica LLC 1155 East 1st Avenue X Yes Magnum Management Corporation d/b/a Valleyfair X One Valleyfair Drive (New corporate name) Yes Holiday Stationstores, Inc. X 444 East 1st Avenue Yes Pizza Huts of the Northwest, Inc. X 257 Marschall Road No (Insp) Polka Dot Dairy, Inc. X Tom Thumb Food Markets 590 So. Marschall Road Yes Raceway Park Inc. X One Checkered Flag Blvd. Yes Twin Cities Stores, Inc. X dba Oasis Market #525 1147 Canterbury Road No (Insp) Twin Cities Stores, Inc. X (Ins) dba Oasis Market # 528 (Ap) 615 Marschall Road (Making new application. Did not renew the license in 1997) Table Sabroso Inc. d/b/a Sabroso Restaurant and Market X 1120 E First Avenue (New applicant . Standard investigation not completed. ) Yes Stonebrooke of Shakopee, Inc . X 2693 County Road 79 2 . Table the application from Sabroso Inc. dba Sabroso Restaurant and Market, 1120 E First Avenue. 3 . Waive the requirement of City Code Section 5 . 02, Subd. 9 for Stonebrooke of Shakopee, Inc. r ..04:4( Ci• lerk (\bev\liquor\memobeer.liq] lg. 6, 8, CITY OF SHAKOPEE CONSENT MEMORANDUM MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: Renewal of On Sale Wine License DATE: June 11, 1998 INTRODUCTION AND BACKGROUND Magnum Management Corporation d/b/a Valleyfair has applied for a 1998-99 On Sale Wine License (and beer license) . Previous licenses were applied for and issued under the name of Cedar Fair L.P. d/b/a Valleyfair. Valleyfair has undergone some legal changes and as a result, Magnum Management Corporation is responsible for the beer and wine licenses. The application and insurance requirements from Magnum Management Corporation for the wine license are in order. ACTION REOUESTED Approve the application and grant a On Sale Wine License to Magnum Management Corporation d/b/a Valleyfair, One Valleyfair Drive. JIIJA e).*: Ci lerk lor JCS:bjm (bev\liquor\memobeer.liq] JI /5-1 ,.# CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Performance Aid DATE: June 5, 1998 Introduction The City has to apply for Performance Aid if it wishes to participate in 1999 . Background The state implemented Performance Aid for cities and counties starting in 1997 . The aid is funded partly by reductions in existing aids. Shakopee received about $15, 000 to $18, 000 in previous years . The Council has to reapply in June for 1999 funding. The aid is called Local Performance Aid. To qualify for 1999, the City has to submit an application signed by the Mayor and a Council member which states that; 1) the aid will result in a reduction of property taxes of at least the amount of the aid and 2) the aid will be spent on programs for which a system of performance has been developed or on developing a system. It appears that the goal of the aid system is to eventually have performance criteria to measure the efficiency of delivering city services . Staff has done some work on performance measures and has data for the assessing contract, code enforcement and the drug task force. See attached. Staff is not sure that the amount of aid received is worth the effort required as we continue to develop and widen the program. It has been reported that there are some cities that have turned down the aid. However, if Council thinks that performance measures are worth while to do anyway, or that there will be requirements for measures in the future, then the City should probably continue with the aid. Alternatives 1 . Do not participate in the performance aid program. 2 . Participate in the performance aid program. Recommendation Alternative number 2 . Action Move to authorize the Mayor and a Council member to execute the application to participate in the Local Performance Aid system from the State of Minnesota and direct staff to continue developing a system of reporting performance measures to be included in the 1999 budget . Gregg Voxland Finance Director n:\budget\departure\perfaid9.doc CITY OF SHAKOPEE 1998 GENERAL FUND BUDGET DIVISION: FINANCE ACTIVITY: The major activities of the Finance Department encompass payroll, accounts payable, cash management, accounts receivable, financial reports, assessments, annual financial report, budget, insurance and many other of lessor importance. OBJECT DESCRIPTION: Description of lines items: Salaries: Finance Director, Accountant, Payroll/Benefits Coordinator (60') , Acc't. Clerk Supplies: Copier replacement $1,800 Professional Services: Auditing services $16,350 (total = $22,570 including grant audit) , County TNT notices $500, Investment safe keeping fees - offset by revenue $4,500, misc. services as needed ($1,000)and assessing contract with the county ($44,100) . Rentals: LOGIS Performance Measure - Assessing 1996 1997 1998 Cost $38,170 $40,700 $44,100 # Parcels 5,082 5,685 6,305 Cost per parcel 7.511 7.159 6.994 Sales Ratio Period 10/94-9/95 10/95-9/96 10/96-9/97 Residential 86.8 87.4 95.5 Commercial 105.3 90.3 100.3 o . r a N w T P ea U N V • Z Z d >1 O O L w a. I.. d a, . a I- o CO c a) tO U, CO o (/) CO C) 2 W W a a> - >- G m CI w _z c L N Q) a v CO n c • 2 CD • € 3 g - 8 v w- O v C M c W > 7 m C) - .2 c N m 3 m x C) 2 o as Lto -0 0a O>.a a) N 11111 p,0.Oc d C c c 0 L • a) = o a co N w in rn• d m C > c OO O c0 a• OsRI_ `. ) N a 0 E � w y • VC CU O0 IS C> CJ - N 3 O N R CO re (.) ` O — N 7 U N N = c) a d .y n 3 a �0 co m e o) 3 0 >, , c a E CD LCD r U Cl. C o E p •c v) a) C• Q d ate) o O m 't O n. L 3 0 _c a) c 3 () 't "- c w fl N o as d o o a a- E co i. o c d .y ' o a0i v 0 al _i E .. E C O- O >. O N N w O N u Ws O a) .C_ U co O d O •C O `a. t0 C a E .O 8 C 7 ,, "O N �, N a co m E to a) c t o �'' N O CO .�+ p o o N O O N U) 3 0 a) O :+ o c o _ s > c CO o d u -c .c c en ' - y 0 10 0 ca O to U N C O .- O N Q a) Z. o v ea z vii O N E i V m H Q O p) i- Q• s- .- y U 3 C a E O Z. .0 � O J V c O O O E U N y V E. d f0 m >. j AE co- E .u) El t E E Ul ca w .0 O N O �" 6 O - a) .c t al Lil U. a 0 0 2 0 0 w a CDH d Z in • Z 4-: N C i CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, FROM: Gregg Voxland, Finance Director SUBJ: 1999 Budget Calendar DATE: June 8, 1998 Introduction Council is asked to review a tentative calendar of events for the 1999 budget process. Background Attached is a tentative proposed 1999 budget calendar. Some dates will be modified as Council's schedule unfolds and as developments warrant. Of course, Council can change the meeting dates as desired. The Five Year Capital Improvement Plan (CIP)for construction projects is already underway. It is planned that Council will complete the CIP review in July. Projects in the CIP for 1999 will be built into the 1999 budget in the appropriate funds(capital projects funds, sewer fund etc.). The first council meeting on the operating budget is set for August 13th. Previously there has been an early meeting intended to be a general background, idea and directional type meeting. On the June 16th meeting, Council direction is requested on plans and service levels desired (i.e. more or less snow plowing or traffic patrol or park mowing, etc.) Staff has a lot of background information on many subjects. Council should feel free to call department heads for information. If a short meeting with individual Departments or on the budget in general is desired, such as before a council meeting, please contact the City Administrator. Would Council like to have a starting time for budget work sessions of 4:00 or 4:30? Are there any preliminary directions Council would like to give to staff before starting the operational budget other than the assumed goal of increasing taxes no more than what would be generated by new construction? Alternatives 1.A. Accept tentative budget calendar B. Modify tentative budget calendar 2. A. Starting time at 4:00 B. Starting time at 4:30 Action Requested Discuss and give staff direction. 1999 BUDGET CALENDAR TENTATIVE Date Who What June 16 Council Preliminary direction on budget plans, ideas, goals. June,'3O Council Joint meeting with Planning Commission and Park Board for CIP discussion July 3 Staff Budget request worksheets to departments July 24 Staff Budget worksheets due back to Finance from departments. Aug 1 State Receive Local Government Aid state aid figures. Aug 13 Council Worksession on General Fund budget. Aug 20 Council Worksession. Aug 27 Council Worksession. Sept 1 State Receive Homestead/Agricultural Aid state aid figures. County Receive tax capacity numbers(?) Sept 8 Council Worksession&meeting? Adopt proposed maximum tax levy Sept 15 Staff Certify maximum property tax levy to county which will be used for proposed property tax notices. Nov 15 County Proposed tax notices sent to property owners Dec 7 Council Hold actual property tax levy hearing (date reserved for cities). Dec 15 Council Adopt final tax levy and budget Dec 24 Staff Certify final tax levy. *Council can schedule additional dates for worksessions as needed. 15. kat . ft CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council FROM: Paul Snook,Economic Development Coordinator Downtown/First Avenue Revitalization Committee Downtown Parking Task Force SUBJECT: Downtown Parking Change Recommendations DATE: June 11, 1998 Introduction: The City Council is asked by the Parking Task Force of the Downtown - First Avenue Revitalization Committee to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the preparation of a downtown parking study, as identified under "Alternative 2" of WSB's proposal (Exhibit A), at a cost not to exceed $7,800. The parking study will include: 1. Review of existing downtown parking signage and make recommendations on improvements for signing of the downtown parking facilities, with improvements to be implemented by September 1, 1998; 2. Analysis of the downtown parking issues as identified by the Downtown Parking Task Force; and 3. Analysis the existing parking supply and demand in order to determine parking needs in downtown Shakopee. Please refer to Exhibit A,proposal from WSB&Associates,Inc. Background: At its January 1998 meeting, the Downtown - First Avenue Revitalization Committee, upon request of the Downtown Business Association, formed a task force to deal with parking issues in the downtown area. The task force is composed of downtown business owners and managers, a member of the Downtown- First Avenue Revitalization Committee, and the City's Economic Development Coordinator.To date,the task force has accomplished the following: • Completed a parking inventory • Conducted a parking occupancy survey,and pkgccmo.doc • Arrived at a list of recommended changes, based on the inventory and occupancy survey (the list of recommendations is enclosed as Exhibit B) Discussion: Duane Wermerskirchen, member of the task force, will be at the Council meeting to present the priority downtown parking changes, as outlined in the task force's list of recommendations. These priorities include: 1. The installation of parking information signs: • Trailblazer signs with logo. Located on streets leading to and within downtown, these signs show where parking can be found • Site signs with logo. Located at the parking site, these signs describe the type of parking available(public or private) 2. Task force's recommended changes in the existing regulatory signs. These signs are related to Shakopee's parking ordinance;they include information on time limits and parking restrictions. ** The task force would like to see the sign improvements and changes made by August 1, 1998, and no later than September 1. This target date is prompted by the opening of River City Centre and its impact on the downtown parking situation. 3. Full development of the parking lot behind the library. This would include paving the entire area to the alley,marking the spaces, installing curb and gutter, landscaping, lighting, and signage. This$35,000 project is outlined in the proposed 1999-2003 CIP document. In addition,the Scott County HRA is recommending that WSB focus its initial work on the River City Centre lot so as to establish(well before building occupancy)how it will be used in relation to other downtown parking. Budget Impact: $7,800 out of the contingency fund to be replenished from general fund reserves. The HRA will reimburse the City 25%, or$1,950 of this cost. Total cost to the City for WSB's proposed work is$5,850. Options: 1. Authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the preparation of a downtown parking study, as identified under "Alternative 2"of WSB's proposal,at a cost not to exceed$7,800. 2. Do not authorize an extension agreement with WSB & Associates for the preparation of a downtown parking study. pkgccmo.doc 3. Table the matter for additional information. Recommended Action: 1. Staff recommends Option 1, authorize the appropriate City officials to execute an extension agreement with WSB &Associates,Inc. for the preparation of a downtown parking study, as identified under"Alternative 2"of WSB's proposal,at a cost not to exceed$7,800. Action Required: Offer and pass a motion to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the preparation of a downtown parking study, as identified under"Alternative 2"of WSB's proposal,at a cost not to exceed$7,800. pkgccmo.doc .rte. i1-1 , i1•1e wbti M. H5ULIHILb INC. 6125411700 P.02/03 A BA Micsdstcadc,l'.t. 350 Westwood Lake Office Brec A.Weiss,P.E. 8441 Wayzata Boulevard rear A VPidenbnng,P.E. Minneapolis, MN 55426 Donald W Ssani.r.>«WM Ronald B.Bray,r.E AMINIMMIIIL 612-541-4800 &Associates,Int. FAX 541-1700 • aki I, rr June 10, 1998 M'sieurs. Bruce Loney and Paul Snook A, City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1376 Re: Downtown Parking WSB Proposal No. 051.98 Dear Sirs: It was a pleasure meeting with you on June 1, 1998 to discuss signing and parking issues in downtown Shakopee. It is my understanding that the Economic Development Authority(EDA)has developed a parking committee which is addressing the issues of parking in downtown. I have developed a scope of work and estimated costs for three study alternatives. Alternative 1: Review existing downtown parking signing and make recommendations on improvements for signing of the downtown parking facilities. This alternative would also address the downtown parking issues as identified by the downtown parking committee in the May 20, 1998 memorandum. It is assumed that aerial base mapping in digital format will be provided to WSB by the City. Estimated Cost $2,200 Alternative 2: Take the study a step further by analyzing the existing parking supply and demand in order to determine parking needs in downtown Shakopee. This would involve analyzing data provided by the City,developing downtown parking maps and making recommendations on improvements to the parking in downtown lots and on street. This would also include a signing plan for downtown parking as in alternative 1. Cost Not to Exceed $7,800 Alternative 3:Development of a downtown parking plan. This would include items discussed in both alternatives I and 2; determining future parking needs, reviewing existing parking regulations and ordinances, development of a management plan and reviewing the financing system of downtown parking. Estimated Cost $27,700 Infrastructure Engineers Planners F:IWPWD PWPOSAI.a513$O60191.6I EQUAL OPPORTUNITY EMPLOYER „_..,...,.,14.... .1..,o o1G411(101 r.es�3 Bruce Loney and Paul Snook City of Shakopee June 10, 1998 Page 2 The schedule for completion of the project will vary depending on the alternative. Alternative 1 can be completed within one month of Notice to Proceed. Alternative 2 and 3 would be completed within three to six months, depending on the availability of data at 541-4800. If you have any questions on this proposal or require any additional information,please do not hesitate to give myself or Bret Weiss a call. Sincerely, WSB&Associates,Inc. cZ61,IV Charles T. Rickert Bret A. Weiss,P.E. Project Manager Vice President lv/nm RAWPWINTROPOSAUOS 1.flIQ WULW TOTAL P.03 CITY OF SHAKOPEE Memorandum 3 TO: Downtown Parking Task Force Mark McNeill, City Administrator FROM: Paul Snook, Economic Development Coordinator SUBJECT: Proposed Downtown Parking Changes Identified in Last Meeting DATE: May 28, 1998 Following are the proposed downtown parking changes identified in the Parking Task Force meeting of May 20, 1998. These changes were a result of the parking occupancy survey done the week of April 27, 1998. The following changes are proposed as short term goals to be presented to City Council. First Avenue • There should be two 15 minute parking spaces on each end of First Ave between Holmes and Sommerville. • The spaces in front of Valley Sports should all be 2 hr. Parking (currently there is no limit) • Employees/business owners are parking all day in 2-hour spaces in the vicinity of First and Lewis. These should be left free for customer use. Continuous enforcement is needed. • The parking lot behind River City Centre should be all two-hour parking. • The handicapped spaces on First Avenue in front of the building should be moved to the lot behind River City Centre. Holmes St. • Employees/business owners are parking all day in 2-hour spaces at Holmes and First. These spaces should be left free for customer use. Continuous enforcement is needed. • There should be one 15-min parking space in front of the Shoe Shop/Jerry's Pizza. pkgismo2.doc Sommerville St. • Employees/business owners are parking all day in front of the dental office (5 spaces; no time limit). This area should be changed to 2 hr parking with continuous enforcement. Employees/business owners are parking all day in front of McGovern's Garage and Performance Shop (4 spaces; no time limit). This area should be changed to two 2-hour parking spaces, and two 30-minute spaces, with continuous enforcement. • The parking lot behind the Library should be fully paved and marked (with lines/spaces). Currently, downtown motorists are unaware of this lot because it is not clear that it is a public parking lot. It simply looks like a vacant parcel. The City Engineering Department estimates that paving this lot would cost between $25,000 and$35,000. This includes blacktop paving costs, contingency, and engineering costs. The low end of this range would be for a lot that has only the surface paving, no curb, gutter, lighting, and landscaping. The high end of this range would be for a lot that has all the above-mentioned amenities. Lot North of Hwy 69 (at Fuller and 69) The City should consider options to make this lot more usable. Some options include: • A brick crosswalk and landscaping at Fuller/69, and along the walking route from the heart of downtown to the lot,making this route more pedestrian-friendly. • Open Fuller/69 to a four-way intersection so motorists can access the lot directly from 69; include a right turn lane on the west/south-bound lane. • Lessen the elevation of the berm located between the lot and highway in order to increase visibility. • Install directional and identification signage (as part of an overall parking signage program/plan), leading motorists to the lot. Second Ave • The two spaces next to City Hall should be 2-hr parking like on Fuller in front of City Hall • The City lot in front of Pablo's needs better signage (defining 8-hr and 2-hr parking limits); the lot also needs to be repaired on the west side (a dip in the asphalt creates a water pooling problem) • Post Office parking on Second Ave: Can it be done? If so, what kind of parking (diagonal/parallel)?How many spaces?If it cannot be done ,why? pkgismo2.doc Lewis Street • Employees/business owners are parking all day in 2-hour spaces at Lewis and First Ave. These spaces should be left free for customer use. Continuous enforcement is needed • The landscaping of the City parking lot at Lewis and Second was not completed (particularly the north side of the lot). • The handicapped space on Lewis, which was created for the needs of Country Medical's clientele, should be moved, if possible, to the parking lot across from Bill's Toggery. Country Medical has moved from this space, lessening the need for a handicapped space on the street. Other • There is a lack of maintenance of the landscaped areas around all the downtown public parking lots (weeds,trash accumulation, etc.) • The City should work with a qualified professional parking consultant and downtown constituents to develop and adopt a downtown parking plan, inclusive of the following elements: 1. An assessment of current conditions location, design and quantity 2. An analysis of current demand how existing parking is used 3. Projection of future demand based on extending current demand into the future and on the overall downtown revitalization strategy, including preservation 4. Recommended changes to the existing parking supply required to improve the performance of the current supply of parking 5. A development strategy for new parking only if the analysis and demand projections indicate the need for new parking development 6. Recommended revisions to parking regulations that reinforce flexible parking standards to acknowledge the special, ever-changing conditions in Shakopee's traditional downtown district pkgismo2.doc 7. A recommended management plan staffing, marketing, promotional programming, a system for measuring the effectiveness of the parking program, and ongoing maintenance 8. A financing system for parking development if the parking plan calls for additional parking development, then a financing system must be created to pay for the construction and ongoing maintenance of the sites. 9. Procedures for formal review and revision thorough, formal surveys of performance need to be conducted approximately every three years, with appropriate revisions adopted once every five years. Long Term Goals pkgismo2.doc IS" E 1 , SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY 16049 Franklin Trail S.E.#104 Prior Lake,Minnesota 55372 (612)447-8875 Fax(612)447-8865 AIN II� William I.Jaffa Executive Director June 12, 1998 Paul Snook, Economic Development Coordinator CITY OF SHAKOPEE 129 South Holmes Street Shakopee, M N. 55379-1376 RE: Downtown Parking WSB Proposal No. 051.98 Dear Mr. Snook: Please be advised that the Scott County Housing and Redevelopment Authority agrees to be responsible for 25% of the estimated cost of Alternative 2, WSB Proposal No. 051.98 as attached. It is our understanding that WSB will initially forcus on the new surface parking north of River City Centre and make recommendations as to the number of set asides for River Centre Apartments,customer parking and enforcement. The housing authority appreciates the opportunity to cooperate with the city and downtown business community in the successful resolution of common issues such as parking. Sincerely, ' am I. Jaffa Executive Director WIJ:ejm cc: Marjorie Henderson, SC-HRA Chair Maynard Harms, District I DeAnn Croatt, District II Marjorie Henderson, District III Gene White, District IV James Siekmann, District V An Equal Opportunity/Affirmative Action Employer cf:DEVLPM NT\RIVERCTY.CTR f5. £S . ( 2 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Hospital Tax Exempt Bond Issue DATE: June 12, 1998 INTRODUCTION: City Council is asked to consider a whether it wishes to be an issuer of tax exempt private purpose bonds for hospital improvements for St. Francis Regional Medical Center. BACKGROUND: Larry Kryzaniak of Allina Health Systems,has contacted staff on behalf of the Board of Directors for St. Francis Regional Medical Center. In August,the Hospital anticipates beginning construction of a$12 million addition. In examining the funding options,it has been determined that having a tax exempt entity, such as the City, issue tax exempt improvements bonds would be in the Hospital's best interest. For that reason,they have asked that the City Council consider this issuance. DISCUSSION: Staff spoke with Dave McGilvray of Springsted. He informs us that this is commonly done,but the City needs to be aware of an IRS provision that could present a downside for the City. He states that if a City issues more than$10 million in tax exempt bonds in a calendar year,the City will lose what is called"bank qualification"for all of its bonds sold during that year. This leads to higher interest rates, of between.10 and .15 of a percent. This higher rate would be paid over 10 years of a bond. At the June 16th meeting,the City Council will consider the issuance of$4.495 million of bonds for Southbridge;later this year another$2.25 million is anticipated to be sold to finance the 1998 Reconstruction Project, 17th Avenue improvements, and the like. In addition, there are continuing disclosure issues,including arbitrage reporting requirements and monitoring,which need to be addressed. Mr. Kryzaniak reports that the Hospital's Board of Directors has made a commitment to make the City whole for any costs that it incurs,by virtue of the fact that the City would lose the bank qualification for these bonds. Springsted has determined the additional interest costs over the life of the bonds to be $25,617 (see attached). The Hospital would also commit to paying for monitoring and disclosure costs in the future. The City Council is asked to consider this and,if it is willing, approve a letter agreement spelling this out. This arrangement has already triggered an addendum to potential purchasers for the $4.495 million in bonds to be sold June 16th,to identify them as a non-qualified bond issuance. RECOMMENDATION: As the City is an exempt entity, and therefore eligible to act as a conduit on the bonds, I recommend that the Council enter into a letter agreement with SFRMC, indicating the Hospital's commitment to reimburse the City for any costs relating to the issuance of approximately$12.240 million in tax exempt bonds. Reimbursement would be for any other costs relating to additional interest, on-going reporting, or any other increased costs as a result of the loss of bank qualification. ACTION REQUIRED: If Council concurs, it should adopt the letter agreement as described. (1/1A-(2—VtiLthilt Mark McNeill, City Administrator MM/tiv 06/11/98 08:12 FAX 6122233002 SPRINGSTED INC. Z1002/004 85 B.SEVENTH PLACE,SUITE 100 SAINT PAUL,MN 55101-2143 612-223-3000 FAX:612-223-3002 `f SPRINGSTED Public Finance Advisors Addir MEMORANDUM Z." TO: Mark McNeil, City of Shakopee Gregg Voxland, City of Shakopee Steve Bubul, Bond Counsel Larry Kryzaniak, AUina From: Dave MacGilli DATE: June 10, 199 SUBJECT: Bank Qualification I have enclosed the estimated added interest cost to the City's two forecasted issues sold in 1998 given the loss of bank qualification. We are assuming a 10 bp differential, which generates a total $25,617 cost difference. On Wednesday, June 9, I notified Larry, who indicated that amount was acceptable and he would contact Mark. I would ask the City to notify us ASAP on Thursday on its intent to sell Tuesday's issue as non- BQ. I am available for any questions. 06/11/98 08:12 FAX 6122233002 SPRINGSTED INC. l 003/004 CITY OF SHAKOPEE, MINNESOTA G.O. Improvement Bonds,Series 1998A Bank Qualified Rates Net Present Value Analysis G.O. 1998A G.O. 1998B BQ Not BQ BQ Not BQ Year of Principal& Principal& Principal& Principal& Maturity Interest @ 100% Interest @ 100% Interest @ 100% _ Interest @ 100% 1999 112,904 115,544 - - 2000 2,018,550 2,018,075 288,436 290,853 2001 723,725 721,635 289,538 286,448 2002 593,315 595,835 286,153 288,278 2003 306,815 313,835 287,553 289,478 2004 291,475 298,035 288,313 290,028 2005 281,125 282,225 288,413 289,908 2006 265,660 266,530 287,948 289,213 2007 250,310 250,955 286,908 287,933 2008 235,080 235,505 285,283 291,058 2009 219,975 220,185 288,063 288,338 Total 5,298,934 5,318,359 2,876,608 2,891,535 Net Present Net Present Net Present Net Present Value a 4 739% Value©4 ta9% Value 4186% Value©4.786% $4,366,744.61 $4,381,860.28 $2,142,481.59 $2,152,982.90 Difference $15,115.66 Difference $10,501.32 Total Difference $25,616.98 Note: Based on current conditions the difference between BQ and Non-BQ rates is assumed to be 10 basis points. NPV calculation assumes first payment is one year from dated date. 06/11/98 08:12 FAX 6122233002 SPRINGSTED INC. tl004/004 85 E.SEVENTH PLACE,SUITE 100 SAINT PAUL,MN 55101-2143 612-223-3000 FAX:612-223-3002 SPRINGSTED Public Finance Advisors MEMORANDUM TO: Gregg Voxland, City of Shakopee Mark McNeill, City of Shakopee Steve Bubul, Bond Counsel, K&G Larry Kryzaniak, Allina FROM: Dave MacGilli DATE: June 11, 19 SUBJECT: Bank Qualification Mark left me a message late Wednesday that the City will be selling its Tuesday issue as non- BQ, with the understanding that Allina will cover all related costs. This memo confirms that action. As we will be wiring out an addendum to the POS today announcing that fact, we would appreciate a notice before noon today if that is not the case. Lacking such notice we will assume the issue is non-BQ. My number is 223-3068. cc. Brenda Krueger, SI Project Manager 15. E . 13 CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: CIP Meeting DATE: June 12, 1998 Introduction Last year, Council, Planning Commission and Park Board held a joint meeting to review the 5 Year Capital Improvement Program (CIP) . Proposed again is a joint meeting this year to review the CIP. Background Annually, the City updates its 5 Year CIP. Since it is a planning document, the Planning Commission reviews the CIP to determine that it is in conformance with the Comprehensive Plan. The Park Board has numerous projects in the CIP and other projects in the CIP affect their future planning. The joint meeting last year seemed to go well and facilitated discussion amongst the bodies and saved time by have the three bodies meet together. Proposed is a meeting on June 25th. We have not gotten confirmation that the date will work for the other two groups . Due to the scheduling of more people, a 7 : 00 meeting is proposed. Action Give staff direction on the scheduling of a CIP review meeting. V Greg Vo xland Fina ce Director CITY OF SHAKOPEE \ 5 , E . Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Storm Clean-up Update DATE: June 12, 1998 INTRODUCTION: The Council is being provided with background and decision requests relating to the May 30th storm. BACKGROUND: Clean up of the tree debris from the May 30th storm has proceeded much better than expected, at least in terms of schedule. Because of the ability to hire outside crews,initial pick up of all "urbanized" Shakopee was completed June 8th,less than 10 days after the storm. Initially,we had expected it to take as long as 2 months. One of the problems of which we are now faced is the amount of tree debris at the processing point across from the public works garage. As of June 8th, a second"tub grinder"was added,to turn the debris into mulch. Area landscapers are happy to take the mulch,but we anticipate that there will be more than what the local demand can easily consume. We will continue to offer it to residents, and find other ways of disposing of it. In addition,the City is going to be burning some of the debris which is currently being picked up at the burn site at Murphy's Landing. This is in an effort to keep the size of the pile and resulting grinding costs, manageable- a"ballpark"estimate provided by one of the grinding contractors was$ 85,000 to do the amount there as of June 10th. Two policy issues have come up,which you should be aware: 1. Stonebrooke Golf Course,rural subdivision developers, and residents living on large wooded lots have asked that the City pick up their trees as well. For example, one developer had 220 trees on 15 vacant lots;two residents living adjacent to each other on wooded lots were responsible for filling 13 of the large "end dump"dump trucks. We have told these people that they should apply for burning permits;the City is simply not capable of handling that many trees. In rural areas we are trying to limit pickups to yard trees. 2. Staff is receiving calls from individuals who are asking the City to extend the June 15th deadline for having tree debris to curbside to be picked up by the City. Once resident with whom I spoke stated that she had called five tree companies;none of them could get to her before the deadline. She also said that the low quote was for$300 to remove one tree and put it at curbside;they did not give her a quote for hauling it to the compost site. The intent of the June 15th deadline was to motivate people to get their work done immediately, and not have the City picking up trimmings all summer for free. All areas of Shakopee have been picked up once, and in most cases,twice. What we are now seeing more of is grass clippings and brush prunings, and a lesser percentage of legitimate tree clean up. We will have to stop at some point-it is too expensive to run the large equipment up and down residential streets. If it is truly a situation where it is a storm damaged tree that they could not get to prior to June 15th, our recommendation is that the City continue to pick those up,but extend the curbside pickup to no later than July 1st. After that,the homeowner will be on their own. If it is yard or brush clippings after June 15th,the City will not pick those up and yard waste coupons will be needed. We also need to establish a date to close the temporary tree compost site from accepting new material That will probably be June 20th,the estimated day for the tub grinders to complete their work. After that date, all material will be hauled by the City to the burn site. COSTS: Regarding costs, our final figures reported to the County for FEMA purposes are as follows: Tree Pick up and grinding $428,000 SPUC Overtime/Rentals 335,000 Street Lighting 110,000 Total $873,000 This figure is reduced from what was initially estimated. After further conversations with SPUC,it appears that most street lights are back up and operating;however, of the 500 street lights in residential areas,we are estimating that perhaps 120 of them are"banged up"and should be replaced. At just under$900 each,that would come to $110,000 (versus the$375,000 that had been originally estimated when more lights appeared to have been destroyed). Federal funding may possibly be available to assist in replacement costs of the lights. Regarding street lights,we did discover that the only lights which the City has under its insurance policy are 100 metal pole lights(along 1st Avenue,Marschall Road, and other collector streets, valued at$530 each). It was thought that the entire system could not be totally wiped out;it is now evident that it can be. For that reason,we are getting a cost for adding the entire system to the City's coverage. RECOMMENDATION: We recommend the Council extend the City curbside pickup for storm related tree damage only until July 1st, and direct that the temporary tree compost site be closed to all new material after June 20th. ACTION REQUIRED: If the Council concurs,it should,by motion,take the action listed above. 'Ul/lQ Mark McNeill, City Administrator MM/tiv JUN-12-1998 10:33 FROM SHAKOPEE PUBLIC UTILITIES TO 4456718 P.01 �• - ^ LSC a oS popp8 Fax Nota A776p673'f0 1�.. l TNA TO: Tim O'Laughlin F FROM: Lou Van Hout6,-- F'O"" Le4A VA, .No'r Phone? RE: Storm Damage Cost - Estimate - . - DATE: 6/12/98 Mutual Aid: - Personnel: $ 80,000 - Equipment: 42 000 - Material: 5,000 - Lodging: 2,000 - Meals: 2,000 SPUC Personnel: - O.T. pay: 40,000 - Equipment: 14,000 Material: 50,000 Misc: - Transportation, contracted services 10,000 Sub-total of above: $245,000 Wrap-up work: SPUC Labor: $20,000 Contract Labor: 20,000 Material: 50,000 Sub total, wrapup work 90,000 Street lighting: 110,000 TOTAL: $445,000 TOTAL P.01 viv6. SCOTT COUNTY INTERNAL SERVICES DIVISION COURTHOUSE 110 SCOT 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1382 (612)496-8105 GARY L.CUNNINGHAM Fax: (612)496-8180 COUNTY ADMINISTRATOR bhobday@co.scott.mn.us BARBARA HOBDAY ASSOCIATE ADMINISTRATOR June 16, 1998 The Honorable Jon Brekke Mayor City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Mr. Brekke: The Scott County Board of Commissioners reviewed the City's street reconstruction project at their Board meeting today. During the time Fifth Avenue is under construction, we will lose all citizen parking in our south lot. One of our major concerns is the lack of short term parking for courthouse patrons. The County would ask the Council to consider our request to designate the west side of Holmes Street from Fourth Avenue to Fifth Avenue a fifteen minute parking zone. This would be extremely helpful to those citizens who must briefly access the building. We would greatly appreciate your consideration of this request. Sincerely, Barbara A. Hobday Associate Administrator, Internal Services cc: Scott County Board of Commissioners David J. Unmacht, County Administrator An Equal Opportunity/Safety Aware Employer CITY OF SKAKOPEE . e7riorce;dut# TO: Mayor and.City Council FROM: Mark McNeil,City Administrator SUBJECT: City Administrator Absence DATE: June 12, 1998 I will be on vacation Monday, June 15th,and will be attending the League of Minnesota Cities candbrence in Duluth, Thursday and Friday,June 18th and 19th. Dining my absence, Gregg Voxland will be Acting City Administrator: 41.4.0 il/totattt( Mark McNeil,City Administrator