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10/06/1998
TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 6, 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 1 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 August 4, 1998 and August 18, 1998 *11] Approve Bills in the Amount of$378,084.04 12] Communications: 13] Public Hearings 14] Recommendations from Boards and Commissions: *A] Preliminary Plat of HTS Properties First, located north of 7th and east of Market, Res. No. 4965 B] Final Plat of Market Place 2nd Addition, located north of 5th Avenue and west of Market Street-Res. No. 4997 C] Park Bond Referendum Professional Services TENTATIVE AGENDA October 6, 1998 Page -2- 15] General Business A] Public Works and Engineering • *1. Accept Resignation of John Delacey, Engineering Technician IV-Res. No. 5000 *2. Accept Resignation of Phillip Wulf,Public Works Maintenance Operator *3. Declaring Costs to be Assessed and Setting Date for Assessment Hearing for Eastway Avenue and Timothy Court, 1997-3 - Res. No. 4995 *4. Declaring Costs to be Assessed and Setting Date for Assessment Hearing for Vierling Drive from Taylor to Presidential Lane and Taylor Street, 1997-1 -Res. No. 4996 *5. Accepting Work on Eastway Avene and Timothy Court, 1997-3 -Res. No. 4999 6. Tree Reforestation Feasibility Report B] Police and Fire 1. Fire Fighter Hires *2. Fire Department Air Bottle Replacements *3. Fire Station No. 2 Training Room Furniture *4. Self Contained Breathing Apparatus(SCBA)Air Compressor and Filling Station C] Parks and Recreation 1. Minnesota Outdoor Recreation Grant for Purchase of 10 Acres West of Tahpah Park 2. Youth Enrichment Grant 3. Arena Concession Stand Agreement *4. Electrical Power to Memorial Park Shelter#2 D] Community Development *1. VPSI Van Pool Agreement 2. Minor Subdivision Waiver Request by David Yarusso *3. Completion of Probationary Status-Beth Handrich E] General Administration *1. Appointment of Election Judges-Res. No. 4998 2. MnDOT Property-Daycare Site-Adjacent to Excess Fire Station Property 3. EverGreen Heights Townhomes Property-Excess Fire Station Property 4. Request to Seek Appraisal for Eagle Creek Thrift Shop Parcel *5. Minnesota Police Recruitment System Lawsuit Settlement -Res. No. 4993 6. Completion of Probationary Status-Greg Sticha *7. Applications for Off Sale Beer and Tobacco Licenses - Cub Foods *8. Assignment and Assumption of Developer's Agreement TENTATIVE AGENDA October 6, 1998 Page -3- E. General Administration continued *9. Apportionment of Assessments for Eagle Ridge First Addition -Res. No. 4994 *10. Release of Letter of Credit-Prairie Bend 1st Addition 11. Workshop Meetings 12. MnDOT Property/Public Park- Southbridge 1st Addition 16] Other Business 17] Recess for executive session to discuss labor negotiations and matters permitted under attorney- client privilege 18] Re-convene { 19] Adjourn to Tuesday, October 13, 1998, at 6:00 p.m. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Regular Meeting October 6, 1998 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Minutes: Rkv.4.4+, 4 , 1998 4. Financial A.)Approval of Bills 5. Other Business: 6. Adjourn to October 20, 1998 edagenda.doc r t '4 {• { t • I I { I tl { . . 1 OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA REGULAR SESSION AUGUST 4, 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 Voxland, Finance Director; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney 1. Roll Call President Link called the meeting to order at 7:30 p.m. Roll was taken as noted above. 2. Approval of Agenda Sweeney/DuBois moved to approve the agenda as presented. Motion carried unanimously. 3. Approval of Minutes Amundson/DuBois moved to approve the June 2 and June 16, 1998, minutes. Motion carried unanimously. 4. Financial A. Approval of Bills Sweeney/DuBois moved to approve bills in the amount of$22.91 for the E.D.A. General Fund, $0.00 for the Blocks 3 &4 Funds, and $0.00 for Seagate. Motion carried unanimously. Sweeney/DuBois moved to approve bills in the amount of$301.00 for the E.D.A. General Fund, $452.30 for the Blocks 3 &4 Funds and $1,934.94 for Seagate. Motion carried unanimously. 5. Update - Downtown/First Avenue Revitalization Committee selection/recommendation of consultant for downtown visioning/strategic planning facilitation Paul Snook reported that the Downtown Revitalization Committee has completed the process for selecting a consultant to facilitate strategic planning focused on revitalization of the downtown area. The committee voted 7-1 for the services of Bert Stitt & Associates of Madison, Wisconsin. The committee also held a meeting where they discussed planning that included recruiting more volunteers to work on conference-related activities including promotion, fundraising, budgeting and logistics. The Revitalization Committee expects to make a formal recommendation to the v Official Proceedings of the August 4, 1998 Shakopee Economic Development Authority Page -2- E.D.A. to enter into a professional services agreement with Bert Stitt & Associates, with the understanding that the E.D.A. will fund a portion of the consultant's fee in order to get the project started, with the remainder to come from the community via fundraising efforts. In response to a question as to the cost to the E.D.A., Paul Snook stated that the Committee's goal is to raise$50,000. He said the cost to the Committee is anticipated to be$28,000. In response to concerns about downtown's boundaries, Paul Snook explained that the public would be invited to express their opinions, concerns and issues relating to downtown. In response to a question as to what services will be gained from the $40,000 contract, Paul Snook explained that the program is a six to eight month strategic planning process and the result would be the development of a consensus vision through determining priorities, formation of goals based on those priorities, and development of strategies and action plans to reach the identified goals. A written report is produced based on the process outcomes and is used as a working document to guide revitalization efforts. The majority of the funding is to come from throughout the community and not the City Council or the E.D.A. If the funds are not raised, he said that the project would likely move forward. The fundraising effort will continue until the funds are raised. In response to concerns as to who would be responsible for the bill if the funds are not raised, Jim Thomson explained that the contract would be between the E.D.A. and its entity. He said that the Committee is not an entity and that the E.D.A. would be responsible for unraised funds. Mayor Brekke recommended that the Committee and Bert Stitt draft a proposal based on $12,000 worth of valuable and appropriate work to be adjusted as funds are raised. Brekke/Sweeney moved to direct the Downtown/First Avenue Revitalization Committee to return with a proposal for the E.D.A. that is within the budget and direct that any additional charges must first be raised through fund raising efforts before entering into a greater commitment. Motion carried unanimously. 6. Other Business None 7. Adjournment Sweeney/DuBois moved to adjourn to August 18, 1998, at 7:00 p.m.. Motion carried unan'mo u3ly. The meeting was adjourned at 7:58 p.m. Ilk („orAk 4 sith S. Cox, E.O.A. Secretary er Ten Eyck, Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA ADJOURNED REGULAR SESSION AUGUST 18, 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 Voxland, Finance Director; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney 1. Roll Call President Link called the meeting to order at 7:14 p.m. Roll was taken as noted above. 2. Approval of Agenda Sweeney/Amundson moved to approve the agenda as presented. Motion carried unanimously. 3. Approval of Minutes DuBois/Sweeney moved to approve the July 7, 1998, minutes. Motion carried unanimously. 4. Financial A. Approval of Bills Amundson/DuBois moved to approve bills in the amount of$713.44 for the EDA General Fund, $1,255.51 for the Blocks 3 & 4 Funds and $282.10 for Seagate. Motion carried unanimously. 5. Resolution No. 98-5, Modifying Tax Increment Financing Plan for Tax Increment Financing District No. 10 (River City Center) Gregg Voxland gave a budget update for TIF District No. 10 and explained that the budget is a total expenditure amount and the modification breaks the amount down to finer detail with updates for how the project has progressed. DuBois/Amundson offered Resolution No. 98-5, A Resolution Modifying Tax Increment Financing Plan for Tax Increment Financing District No. 10, and moved its adoption. Motion carried unanimously. Official Proceedings of the August 18, 1998 Shakopee Economic Development Authority Page -2- 6. Update: River City Centre Clocktower Fundraising Effort Patrick Schroers, Clock Tower Committee, approached the podium and reported that the $40,000.00 goal to reimburse the City for their pledge to fund this project has been substantially met. To date, $38,000 has been raised, with the expectation that this will increase after solicitation is complete. He said that contractors and sub-contractors are now being asked for their participation in the project, and with over 50 contractors on the project, it is estimated that their contributions will substantially off-set the expected cost involved. He said that the pavers should be in place for the August 27 grand opening. A mid September date is expected for the installation of plaques. 7. Recommendation from Downtown - First Avenue Revitalization Committee: A. Agreement with Bert Stitt & Associates for Interactive Strategic Planning Services, and Endorsement of Committee's Efforts to Establish an Independent Nonprofit Corporation. Paul Snook explained that the EDA's financial commitment is limited to project start up funding of$12,000 and is not responsible for any portion of the consultant's fees, proposed to be raised through the committee's fundraising efforts. The Downtown - First Avenue Revitalization Committee is requesting that the EDA enter into an agreement with Bert Stitt & Associates for Interactive Strategic Planning Services, and an endorsement of the efforts by the Committee to establish an independent nonprofit corporation dedicated to downtown revitalization. A professional services agreement with the consultant is also under draft, with the understanding that the EDA will fund a portion of the consultant's fee in order to get the project started, with the remainder to come from fundraising efforts. Paul Snook explained that the proposed entity would not be created or controlled by the EDA. However, the EDA members and/or City staff would participate. He said that the Committee will establish a separate nonprofit organization, and it would enter into an agreement with Bert Stitt & Associates to supersede the agreement with the EDA and the consultant. Any remaining funds which the EDA has committed to for the Strategic Planning project, the EDA could forward the funds to the nonprofit entity. Bill Wermerskirchen approached the podium and gave a brief history of changes in the downtown area since 1980. He said that business is good and that the purpose of the revitalization project is to provide a clear focus in creating an even better downtown. He said that the historical buildings tie into the downtown area, and suggested the possibility of a river front study. He said that the downtown extends from the Dairy Queen to Dangerfields, and is not limited to three or four blocks. He said that Shakopee is a great city with a great downtown and that he would like to see it become more viable. Official Proceedings of the August 18, 1998 Shakopee Economic Development Authority Page-3- Mayor Brekke requested some background as to how the idea of a nonprofit corporation came about, as well as what the advantages and disadvantages are for the City. Paul Snook stated that there are many advantages to a nonprofit corporation with both public and private participation. He said this provides the stability to maintain a long term, continuous revitalization effort and establishes a clear focus unhindered by past history, and will carry on regardless of the political situation. Most importantly, he said this will serve as a symbol of renewal. Disadvantages would be the inhibition of private sector participation. In response to a question regarding the authority of a nonprofit organization, Jim Thomson explained that the organization would have the authority to make requests for the EDA to act on. He said that the request, as written is for the EDA to pay the consultant a maximum of$12,000, with anything over that amount to be raised separately. A discussion ensued as to a potential negative in the structure. Jim Thomson explained that as a committee of the EDA, the current advisory committee would take direction from the EDA. A new nonprofit corporation would act independently. Paul Snook stated that it is fully expected that the City and the EDA will be well represented in a new nonprofit corporation. In response to a question as to eligibility to seek grants and solicit other funds, Paul Snook said that is dependent on how the grant program is structured. Mayor Brekke recommended a couple of permanent positions on the Board of Directors of the nonprofit corporation for representatives of the City to preserve any type of partnership there might be. He also said he would like a corporation to be established before any funds are raised so that the funds go there and that is where the contributions are made. He said if there is going to be funds provided for fundraising training and assistance, he would like to see it come from somewhere other than the EDA. In response to a question as to what services are to be gained from $12,000, Paul Snook explained that the first $12,000 would cover up to four months of the scope of work. He said that outcomes would not be seen until possibly the fifth month. Brekke/Sweeney moved to direct staff to return with a proposal that would not include fundraising training and assistance as a service paid by the EDA, and would outline specific outcomes from the $12,000 EDA contribution. Motion carried unanimously. DuBois/Sweeney moved to endorse the Committee's effort to establish an independent nonprofit corporation for downtown revitalization, with representation from the private and public sectors as the lead organization for the ongoing revitalization of Downtown Shakopee. Official Proceedings of the August 18, 1998 Shakopee Economic Development Authority Page -4- Jim Thomson explained that there is a law which prohibits cities from establishing a nonprofit corporation. He suggested a motion to delete the words "as the leading organization for the revitalization of Downtown Shakopee." DuBois/Brekke moved to amend the motion by deleting the words "as the leading organization for the revitalization of Downtown Shakopee." Motion carried unanimously. Main motion, as amended, carried unanimously. 8. Adjournment Amundson/Sweeney moved to adjourn to Thursday, August 20, 1998, at 4:00 p.m. Motion carried unanimously. The meeting was adjourned at 8:03 p.m. J.02( U 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: October 1, 1998 Introduction Attached is a listing of bills for the EDA, the Blocks 3&4 project and Seagate for the period 09/11/98 to 10/01/98 . The EDA is setting up an "Agency Fund" for the donations to the Downtown Revitalization committee. This is not EDA or City money subject to disbursement approval . However, it will show on future bill lists as part of our internal control on checks. Action Requested Move to approve bills in the amount of $3, 237 . 99 for the EDA General Fund, $0 . 00 for the Blocks 3&4 Funds and $65 . 00 for Seagate. 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SHAKOPEE, MINNESOTA AUGUST 4, 1998 . Mayor Brekke called themeeting 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; Jim Thomson, City Attorney; and Mark McQuillan, Parks and Recreation Director. The Pledge of Allegiance was recited. The following items were removed from the agenda: and 15.A.1. Fire Relief Association - City Contribution, and 15.E.5. Hiring of Secretary in the City Clerk's Office. The following item was added to the agenda: 16.A. Excessive Whistle Blowing. DuBois/Sweeney moved to approve the agenda as modified. Motion carried unanimously. The following items were added to the Consent Agenda: 15.B.2. Quotation for Fence Repair, and 15.D.2. Approving Plans for 17th Avenue from Sarazin Street to 1/2 Mile East of Sarazin. The following item was removed from the Consent Agenda: 15.E.6. Surplus Vehicles. Sweeney/Link moved to approve the Consent Agenda as modified. DuBois/Link moved to amend the motion to approve the Consent Agenda by removing 15.C.4., Request of EverGreen Heights Townhomes for Extension of Purchase Agreement, from the agenda. Motion carried unanimously. Motion to approve the Consent Agenda as modified carried unanimously. Liaison Reports were given by Councilmembers. Cncl. Link reported that he had received a phone call pertaining to safety concerns for the pond near the new Cub store. Michael Leek explained that numerous discussions have taken place at Planning Commission meetings with regard to berming and pond concerns. He said that a number of conditions were added to the conditional use permit. He said, that at the public hearings, the main issue was the visibility and separation of the proposed retail activity and not the location of the pond or berming adjacent to the pond. Mayor Brekke recommended that staff obtain a report on the issues for a future agenda item. DuBois/Amundson moved to direct staff to return with additional information regarding ponds and fencing. Motion carried unanimously. Official Proceedings of the August 4, 1998 Shakopee City Council Page -2- Mayor Brekke gave the Mayor's report. Mayor Brekke expressed congratulations to the Derby Days Committees for a successful event. Mayor Brekke reported on an upcoming meeting with staff to discuss year 2000 readiness for the computers and asked for Council authorization. Sweeney/DuBois authorized the Mayor to meet with City staff for year 2000 readiness discussions. 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. Gary Morke, 1042 Merrifield, approached the podium and expressed gratefulness to the City, Public Works, Public Utilities, Parks and Recreation, the City Council, Cable Access, and the Police for their help and support with the Derby Days parade. A recess was taken at 7:30 P.M. for the purpose of conducting the Economic Development Authority meeting. The meeting re-convened at 7:58 P.M. Sweeney/Link moved to approve the Minutes of June 2, 1998, June 30, 1998, Special Session, and June 30, 1998, Work Session. (Motion carried under the Consent Agenda.) Sweeney/Link moved to approve bills in the amount of $415,082.73. (Motion carried under the Consent Agenda.) Mayor Brekke opened the public hearing on the proposed vacation of alley right-of-way within Block 73, Original Shakopee. Michael Leek reported that Jerome Wampach has requested consideration for a partial vacation of the South 1/2 (8 feet) of the alley adjacent to his lot. After reviewing the request, the City Engineering Department, Shakopee Public Utilities and U.S. West have all requested the retention of an easement over the alley for access and maintenance of existing utility structures. The Planning Commission also reviewed the request and recommended approval , subject to retention of the utility easement. Mayor Brekke asked for comments from the audience. There were none. Having no further discussion Mayor Brekke closed the public hearing. Official Proceedings of the August 4, 1998 Shakopee City Council Page -3- DuBois/Link offered Resolution No. 4957, A Resolution of the City of Shakopee Vacating a Portion of Alley Located Within Block 73, Original Shakopee City Plat, City of Shakopee, Scott County, Minnesota, and moved its adoption. Motion carried unanimously. Mayor Brekke opened the public hearing to consider the St. Francis Regional Medical Center proposal that the City issue $13,000,000 Revenue Bonds. Mark McNeill explained that St. Francis previously requested that the City issue up to $13 million in health care facility revenue bonds on behalf of them. He said that it is in the best interest of St. Francis to have the City, a tax exempt organization, issue the bonds. However, he said that the drawback is that the City would lose its tax exempt status if it issues more than $10 million in a calendar year. St. Francis has provided the City with a binding agreement to reimburse the City for any additional costs as a result of the loss of tax status over the life of those bonds. In response to a question as to out of pocket issues, Mark McNeill stated that there is no drawback as long as the commitment is in place. In response to a question as to the impact on the City's bond rating, he said that this does not impact the rating. Venetia Kudrle, St. Francis Regional Medical Center, approached the podium and stated that the $13 million would cover the patient care needs and does not include the parking ramp. Larry Kryzaniak, Allina Health System, approached the podium and explained that the City would lose the bank eligibility of the tax exempt financing, which is approximately .25 percent on the interest rate of the bonds that the City of Shakopee would issue after the St. Francis project is approved. He said that St. Francis has agreed to reimburse the City for all of the additional interest cost on any other projects in 1998. He said that if the bonds were staged, it would require St. Francis to go to the bond market twice, and that these transactions are very expensive. He said that State statute requires that the City be used as a conduit and that there is no financial responsibility for the City. Mayor Brekke asked for comments from the audience. There were none. Having no further discussion Mayor Brekke closed the public hearing. DuBois/Amundson offered Resolution No. 4956, A Resolution Giving Preliminary Approval to a Project and its Financing Under the Municipal Industrial Development Act on Behalf of St. Francis Regional Medical Center, and moved its adoption. Motion carried unanimously. Official Proceedings of the August 4, 1998 Shakopee City Council Page -4- Item 15.B1. Park Dedication Fees, was taken out of the regular order on the agenda. In response to the question as to why certain housing developments are paying the old park dedication rates and not the rates approved by the City Council last year, Mark McQuillan reported that the park dedication requirements and fees were revised in July, 1997. He said that a developer can defer the payment of the park dedication at the time of platting with Council approval until issuance of building permits. Once the park dedication is approved through platting, a new park dedication fee can not be made retro active. He stated that some cities do not allow the deferral of park dedication fees. Mark McQuillan explained that the disadvantage of the park dedication fees being deferred until the issuance of a building permit is that the homeowner must pay additional costs when a building permit is issued rather than working it into the mortgage. He offered alternatives which include eliminating the option to defer payment until the building permit is issued; requiring full payment at the time of final plat approval; requiring developers to pay a percentage of the fee at the time of final platting and the remainder when the permit is issued; or allowing the current practice to continue, but require the builder to pay the current park dedication rate at the time the permit is issued. A discussion ensued relating to alternatives and when the impact occurs. Jim Thomson explained that the park dedication fees are authorized by statute and triggered by a subdivision. He said that City Code requires that the fees are paid at the time of subdivision. He said that most cities require the fees at the time of platting. DuBois/Amundson moved to direct staff to look at allowing the current practice to continue, to allow the park dedication to be deferred at the time of platting, but require the builder to pay the current park dedication rate at the time the building permit is issued rather than the rate at the time of final plat approval. Motion carried unanimously. Sweeney/Link moved to approve the hiring of Arrow Fence Company to repair the fencing at Stans Park, Riverview Park, Tahpah Park and Public Works Yard. (Motion carried under the Consent Agenda.) Michael Leek reported that the Board of Adjustment and Appeals has considered the testimony from the Lusignans and voted 6-0 to approve a Conditional Use Permit to allow an electric substation and over-height fencing (requested by RW Beck Inc. for Shakopee Public Utilities). The Lusignans have appealed this decision and relate potential impacts and devaluation of their property which they feel will result from that use, as well as concerns for stray voltage. Photo copies of the proposed site plan and an aerial view were provided. Official Proceedings of the August 4, 1998 Shakopee City Council Page -5- Pam Lusignan approached the podium and stated that the family needs disclosure to back up comments in their letter regarding stray voltage concerns, and their request for an environmental study. She quoted several sources indicating health concerns for stray voltage. She also addressed the cost of erecting the substation, noise, and other possible sites. She said that her parents are already subject to two very high towers and that there is concern relating to the high voltage towers and emissions. She asked for the opportunity to delay a decision so that she can present findings regarding stray voltage on the specific site to the proximity it will be placed. She said she hoped that this would result in an agreement that no problems would result from the substation or that the Council would decide that the site was not appropriate. Jim Thomson explained that the City must act on applications within 60 days from submission as required by State law. Lou VanHout, SPUC Manager, approached the podium and stated that a two week delay would not cause a hardship, and would be reasonable. A discussion ensued regarding alternative sites. Sweeney/Amundson moved to table discussion of the appeal of the Board of Adjustment and Appeal's decision regarding a Conditional Use Permit for the Shakopee Public Utility Commission electric substation until August 18, 1998. Motion carried unanimously. A recess was taken at 8:49 P.M. The meeting re-convened at 9:00 P.M. Item 15.E.1. Chateau Ridge Developer's Agreement was taken out of the regular order on the agenda. Judith Cox explained that James and Sean Leavitt have requested that they be excused form renewing the letter of credit for the remaining public improvements in Chateau Ridge. This was one of the last subdivisions created prior to the implementation of the current ten acre minimum lot requirement in the rural residential district. She said that some of the streets have been completed and the balance of their letter of credit will expire on September 11, 1998. Patrick Leavitt, Jr., the original developer, is deceased and his family does not wish to complete the second phase for some time. In exchange for an agreement with the City, the Leavitts would like to be excused from renewing the letter of credit for the unimproved portion. The City Attorney has advised that an enforceable declaration against the property could be recorded against the property. As part of the declaration, no development or construction can occur until a developer's agreement and financial guarantee have been provided to the City. This would ensure that the road would be completed in the near future. Official Proceedings of the August 4, 1998 Shakopee City Council Page -6- Judith Cox explained that a precedent would be set if the letter of credit is allowed to expire, since no financial guarantee for construction of public improvements has been allowed to expire since the creation of developer's agreements in the 1970's. The Community Development Director has advised that such an arrangement is not desirable. In the past the Council approved plats for Chateau Ridge and Maple Trail Estates, requiring street connections before phase II of Maple Trail Estates can occur. Approval of the request for the Leavitts postpones Phase II of maple Trail Estates for an indefinite period of time. Jim Leavitt approached the podium and said that rather than having to pay the cost of a loan guarantee, they would like to save some money. He said that the development is stopped indefinitely with or without a loan guarantee. He also said that they have no objection to negotiations with other parties. John Stanwick, Gonyea Land Company, approached the podium and explained that he was contracted to sell the Maple Trails 2nd and 3rd Additions, and said he was present to find out what encompasses the ability to do so. Michael Leek stated that the plat approvals were granted based on the connection first from Chateau Ridge. He said that if the City knows that the letter of credit is nearing expiration and there is no desire to renew it, the City has the option to act on the letter of credit and construct the road. If renewed annually, he said that at some point the Council might consider whether or not they want to renew the letter of credit. He said the problem is that Chateau Ridge was not platted as a phased project, but as an entire project. Jim Thomson said that the letter of credit in place is to secure an obligation of the developer to develop the road. He said that State law requires that two years after final plat approval, the City cannot change its subdivision regulations to affect a plat. He said there is a legal question as to whether or not the developer has the right to continue indefinitely, on 2 1/2 acre lots. Jim Leavitt explained that they are not attempting to ending the development, that they will eventually be developing. He said that providing the letter of credit is not the issue, it is the cost of the letter. John Stanwick explained that a resolution was recorded requiring a through road either to the North, South, or East before the Maple Trails plat could be finished. Sweeney/DuBois moved to approve the request of the Leavitts and authorize the City Attorney to provide an enforceable declaration to be recorded against the property prior to the expiration of the letter of credit. Motion failed unanimously. Official Proceedings of the August 4, 1998 Shakopee City Council Page -7- Michael Leek reported that the City recently withdrew an informal application for an amendment to the Comprehensive Development Plan to add 40-acres owned by Valley Green to the Metropolitan Urban Service Area (MUSA). A MUSA amendment for informal review has been prepared for the area guided for commercial on the east and west side of County Road 18 and the West Dean Lake area. He said that a full application for formal submission is in progress. Michael Leek said that the issue is that this is a regional type of commercial use and Met Council staff should look at whether or not it is warranted as a regional type area. He said MUSA trades are not a consideration. Staff is proposing to show that there is not sufficient supply for office or light industrial uses and that there is a need to be met for industrial uses. Steve Soltau, Shakopee Crossings, approached the podium and stated that there is some urgency to move forward and that his staff wants to do anything they can to support and assist the City. Sweeney/Link offered Resolution No. 4952, A Resolution of the City of Shakopee, Minnesota, Authorizing Application for the Livable Communities Demonstration Program, and moved its adoption. (Motion carried under the Consent Agenda.) Item 15.E.6. Surplus Vehicles was taken out of the regular order on the agenda. Gregg Voxland stated that of the five vehicles, three have been identified for sale this year. Public Works Department has requested to keep two. He explained that due to the GM strike, staff is ordering a dump truck now, to be delivered in 1999. Sweeney/DuBois moved to declare the following vehicles surplus property to be sold: 1988 Caravelle #IP3BJ36D8JC222304 1994 Crown Victoria #2FALP71W7RX169439 1983 Ford Ranger Pickup #1FTBR10C9DUB33076 Motion carried unanimously. Item 15.E.7. Five Year Equipment List was taken out of the regular order on the agenda. Cncl. Sweeney expressed concern about increasing the City's fleet. Bruce Loney recommended the replacement of a 2 wheel drive pickup with a 4 wheel drive vehicle to be used by the project coordinator. He explained that due to the GM Official Proceedings of the August 4, 1998 Shakopee City Council Page -8- strike there is a delay in receiving the one ton truck. Once the new dump truck is received the older truck will be replaced. He said that staff is looking at managing their department and not increasing the fleet. Fire Chief, Terry Link discussed the replacement of the 1983 Chevrolet pick up with an extended cab pickup which would provide additional seating for staff. A Telesquirt truck will also replace a pumper truck in 2000. Cncl.Sweeney noted that this is the third time that the 1983 Chevy is being replaced and asked for a written guarantee that it is removed from the fleet. Bruce Loney said that the reduction of staff time essentially pays for the cost of an asphalt pothole/patching truck. He said that there is an option of using this truck as a standby plow if the truck with a stronger frame is considered. The regular order of the agenda was resumed with 15.C.4. Request of EverGreen Heights Townhomes, Ltd. Partnership (EverGreen) for Extension of Purchase Agreement. Michael Leek explained that because EverGreen was not awarded tax credits in the last round of applications to MHFA the contingency date will not be met. He said that EverGreen intends to make application for second mortgage money on August 20, 1998, and also intends to make application for the February 1999 round of tax credits. Therefore, EverGreen is requesting an extension of the purchase agreement (on the excess fire station site) to allow closing to occur on October 1, 1999. A discussion ensued regarding out of pocket expenses and the benefit of appreciation for another year. Sweeney/Amundson moved to approve a one-year extension of the purchase agreement with EverGreen Heights Townhomes, Ltd. partnership, and authorize the appropriate City officials to execute the necessary agreements. Motion carried with Cncl. DuBois opposed. Bruce Loney reported that for 17th Avenue, from 1/4 mile west of CSAH 17 to CSAH 17, five bids were received with the lowest bid from Richard Knutson, Inc. at $453,590.09. He said that in the feasibility report the estimated total construction costs were estimated to be $575,025.00. Sweeney/Amundson offered Resolution No. 4954, A Resolution Accepting Bids For 17th Avenue from 1/4 Miles West of County State Aid 17 to County State Aid Highway 17, Project No. 1998-4, and moved its adoption. Official Proceedings of the August 4, 1998 Shakopee City Council Page -9- Sweeney/Amundson moved to amend Resolution No. 4954 to state that acceptance is contingent upon the receipt of necessary easements. Motion carried unanimously. Resolution No. 4954, as amended, carried unanimously. DuBois/Link moved to authorize the appropriate City officials to execute an extension agreement with Bolton & Menk, Inc., to provide consultant services for the City of Shakopee for the 1998-4 Project. Motion carried unanimously. Link/DuBois moved to authorize a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on the 1998-4 Project. Motion carried unanimously Sweeney/Link offered Resolution No. 4955, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 17th Avenue, from Sarazin Street to 1/2 Mile East of Sarazin Street and for the Extension of Sanitary Sewer from Trunk Sewer SS-H Westerly; for the Extension of Watermain from French Trace 1st Addition to 17th Avenue and Sarazin Street; and for a Trunk Storm Sewer from 17th Avenue to Mn/DOT Linear Pond, Project No. 1998-5, and moved its adoption. (Motion carried under the Consent Agenda.) Mayor Brekke has requested that the City Council consider expanding the smoking prohibition at the Community Center to include the outside grounds of the property. The concern is the underage smoking which has taken place there. The intent is that by prohibiting smoking all together, it would also eliminate the possibility of underage smoking. Mark McNeill said that there are enforcement issues but the larger issue is for the adults and those of legal age and where they would go if the ban was enacted. Mayor Brekke explained that, in his opinion, the Community Center is an extension of the outdoor and recreation space adjacent to the school district, and that the properties are related. A discussion ensued regarding enforcement issues. Jim Thomson stated that violation would result in a petty misdemeanor with a $100 fine. Adults would likely just be asked to put their cigarettes out. Sweeney/Amundson offered Ordinance No. 522, Fourth Series, An Ordinance Relating to Smoking on the Grounds of the Community Activity Center and Amending the City Code by Adding Section 10.77, and moved its adoption. Motion carried unanimously. Official Proceedings of the August 4, 1998 Shakopee City Council Page -10- Mark McNeill explained that as a result of a proposal to expand the Flying Cloud Airport in Eden Prairie, the Metropolitan Airport Commission is requesting that one elected official, and one alternate from each community affected by the airport serve on a committee to study noise impacts. The Committee is expected to meet five or six times beginning in August and running through the end of the year. DuBois/Amundson moved to appoint Robert Sweeney as the elected representative and Burl Zorn as alternate, if willing, to serve on the Flying Cloud Airport EIS Noise Mitigation Committee. Motion carried with Cncl. Sweeney abstaining from the vote. Sweeney/Link moved to authorize the City Clerk to execute a request for gambling proceeds for the American Legion for the clock tower project. (Motion carried under the Consent Agenda.) Cncl. DuBois reported that on July 24th and 25th, at 4:45 a.m. until 5:15 a.m., a train whistle blew intermittently every three to four seconds. Mark McNeill said that he had received a call regarding this and said that he would be discussing this with Union Pacific. He explained that Federal law requires that the whistle blows for an extended period of time when approaching unguarded crossings. He said that this is a nation wide issue and a question of liability of prohibiting whistle blowing at certain times. He said that crossing gates at intersections would be the only way to get an exemption to this. The cost for crossing gates would be approximately $100,000 per intersection and there are 11 in Shakopee. Sweeney/Amundson moved to adjourn to Thursday, August 13, 1998, at 5:00 p.m. Motion carried unanimously. The meeting was adjourned at 10:41 P.M. • Jk . 026 h S. Cox Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG. SESSION SHAKOPEE,MINNESOTA AUGUST 18, 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; Jim Thomson, City Attorney; Paul Snook, Economic Development Coordinator; Dan Hughes, Chief of Police; and Terry Link, Fire Chief. The Pledge of Allegiance was recited. The following items were added to the agenda: 16.A. August 27 meeting start time. The following item was removed from the agenda: 15.E.4. Tax Forfeit Property Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. The following items were added to the Consent Agenda: 15.C.6. Purchase of Single Axle Dump Trucks; and 15.D.2. Authorization to Fill Vacant Sergeant Positions. The following items were removed from the Consent Agenda: 15.D.1. Authorizing Participation in the Southwest Metro Drug Task Force; 15.D.3. Fire Station 1 Furnace and Air Conditioning Replacement; 15.E.3. 1999 Assessing Contract; and 15.E.11. Valley Green Sidewalk Escrow Interest. DuBois/Amundson moved to approve the Consent Agenda, as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. DuBois/Link offered Resolution No. 4961, A Resolution of Appreciation to Beverly Mitchell, and moved its adoption. Motion carried unanimously. Mayor Brekke read the resolution of appreciation and presented a framed copy to Beverly Mitchell. Beverly Mitchell expressed her appreciation for the opportunity to work for the City of Shakopee and thanked Judy Cox and the City Hall staff. Mayor Brekke gave the Mayor's report. 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. Official Proceedings of the August 18, 1998 Shakopee City Council Page -2- A recess was taken at 7:14 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting re-convened at 8:03 p.m. DuBois/Amundson moved to approve the Minutes of June 16, 1998. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to approve bills in the amount of $1,191,457.05. (Motion carried under the Consent Agenda.) Cncl. Sweeney explained that a few years ago the City Council requested that the Community Access Corporation (CAC) have an audit of their financial operations. He said that James Streefland, CPA, conducted this audit and submitted recommendations by letter, dated June 29, 1998. One of the recommendations was that the City Attorney find out what the report is supposed to say, in reference to determining whether or not the law applies to them, as it relates to non-profit corporations created prior to July 1, 1997. An written accounting manual was recommended to ensure that transactions are handled in a standardized manner and that proper internal controls are in place. A recommendation was also made to prepare operating guidelines for fiscal activities, including a description of each fiscal procedure. Sweeney/Link moved to review and accept James Streefland's financial audit of the Shakopee Community Access Corporation documents for the year ended March 31, 1998. Motion carried unanimously. Mayor Brekke opened the public hearing for the partial vacation of a drainage & utility easement within Outlot F, Southbridge 1st Addition. Michael Leek explained that this easement was originally granted to the Prior Lake/Spring Lake Watershed District (PLSLWD) and the City of Shakopee on August 31, 1982. He said that this drainage and utility easement is no longer necessary and that Valley Green Business Park has secured partial release of the drainage easement from the PLSLWD. The Planning Commission has reviewed the request and recommended approval. Mayor Brekke asked if there were any interested citizens present in the audience who wished to address the City Council on this issue. There was no response. Having no further comments Mayor Brekke closed the public hearing. Sweeney/Link offered Resolution No. 4962, A Resolution of the City of Shakopee Vacating Part of a Drainage and Utility Easement Encumbering a Portion of Outlot F, Southbridge 1st Addition, City of Shakopee, Scott County, Minnesota, and moved its adoption. Motion carried unanimously. Official Proceedings of the August 18, 1998 Shakopee City Council Page -3- DuBois/Amundson offered Ordinance No. 524, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Sec. 11.03 By Rezoning Land Located South of Crossroads Center and North of Highway 169 From Agricultural Preservation (AG) Zone to Highway Business (B 1) Zone, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Amundson offered Resolution No. 4964, A Resolution of the City of Shakopee, Minnesota, Approving the Registered Land Survey Submitted by Valley Green Business Park Limited Partnership, and moved its adoption. (Motion carried under the Consent Agenda.) Michael Leek explained that the purpose of the request to amend the Preliminary/Final Plat of Crossroads Center 3rd Addition is to include the former Mn/DOT parcel north of Highway 169 and south of Crossroads Center. The Planning Commission has reviewed the request and recommend approval with the conditions contained in the resolution. A discussion ensued regarding businesses and access. Michael Leek stated that access would be joint with the project already under development, that there would be no public street access. In response to questions relating to conditions, he said that the conditions are not part of the proposed plat approval, but would be addressed in the revised amendment to the Conditional Use Permit. In response to questions relating to noise abatement, he said that there are some requirements for right-of-ways, but the City Ordinance would dictate sound levels adjacent to residential areas. Sweeney/DuBois offered Resolution No. 4963, A Resolution of the City of Shakopee, Minnesota, Approving the Amended Preliminary/Final Plat of Crossroads Center 3rd Addition, and moved its adoption. Cncl. Sweeney requested that concerns expressed by owners of the residential property adjoining this development be addressed with positive outcomes in the Conditional Use Permit review process. Motion carried unanimously. Michael Leek explained that the proposal to amend district regulations for the B-1 Highway Business District adopts existing language for the B-3 District which allows residential uses in conjunction with other permitted uses like in the B-3 District. The Planning Commission directed staff to develop and bring back to the Commission for review alternatives that 1) would make the use a conditional use confined to the 101/CSAH 69 corridor, or 2)would create a separate zoning district for the 101/CSAH 69 corridor. Sweeney/Amundson moved to direct staff to modify the proposal so that residential uses, when combined with other permitted uses, is confined to the B-3 and 101/CSAH 69 corridor. Motion carried unanimously. Official Proceedings of the August 18, 1998 Shakopee City Council Page -4- A recess was taken at 8:23 p.m. The meeting re-convened at 8:32 p .m Sweeney/Link moved to remove the Zefere and Doreen Lusignan appeal of Board of Adjustment and Appeals' decision regarding the Conditional Use Permit (CUP) for the Shakopee Public Utility Commission's electric substation from the table. Motion carried unanimously. Michael Leek reported that Council had tabled the appeal of the Lusignans to allow them time to file additional information. He explained that staff did receive copies of letters from local Realtors and additional information from the Lusignans regarding electromagnetic fields (EMF) and potential cancer hazards from EMF at 3:00 p.m. this afternoon. He said that the Council may wish to table this matter so that they would have time to review the information provided. Pam Lusignan approached the podium to discuss concerns relating to devaluation of property, stray voltage and the potential cost and effect of the fabric fence. She explained that her parents have lived here for 40 years and have endured a lot of progress with the bypass and widening of the roads. She stated that the trees along CR 16 are valuable and are suffering after one season of increased salt spray. She asked that the Council evaluate the overall cost of giving a CUP. She acknowledged the need for a substation, stating that additional energy will be needed if the business park develops as planned. She asked that the Council evaluate where the site must be and asked who made the determination as to where the cut off line was. She said that an impasse has been reached and that she is prepared to take this issue as far as necessary. Ms. Lusignan stated that there is no doubt that evidence exists to support the promotion of cancer by the existing power lines. She said that in her opinion, the substation would add to this potential health risk. She also said that family members have already experienced unexplained health issues which they attribute to the existing powerlines. She said that once the permit is granted the property's value will decrease by $20,000 to $30,000. She discussed radio ranges, alternating currents, and electromagnetic fields as they relate to physical problems and quoted Paul Broder, of the Sydney Hillman Foundation, and recepient of the American Association for the Advancement of Sciences Award. A discussion ensued regarding the context and the credibility of Ms. Lusignan's quotes and source. Ms. Lusignan stated that there is a lot of controversy regarding powerlines and health risks. When asked how the substation relates to the powerline issue, Ms. Lusignan stated that this is an addition to what already exists. Cncl. Sweeney explained that stray voltage and EMF are not related. Ms. Lusignan discussed the cost of a fabric fence around the substation, necessary due to salt spray from STH 169. From her information, the proposed site was chosen due to the least amount of opposition. However, she said that this is not the most cost-effective site, based on information regarding the cost of fabric fencing and information provided by the Chief Engineer from NSP, the installation, and limerock. Official Proceedings of the August 18, 1998 Shakopee City Council Page -5- Jim Petersack, Shakopee resident, approached the podium and stated that he had read an article regarding the substation. He said that his concern is with the distance from the Lusignans' residence. He asked if there was any documentation as to the distance for safety purposes. Cncl. Sweeney stated that the stray voltage issue relates to dairy animals. Lou Van Hout, SPUC Manager, approached the podium and presented a summary of the Utility Commission's process in choosing a site. He said that after the initial proposal request a study was generated and interaction occurred with the Commission regarding the study as well as additional sites. Jon Albinson of Valley Green initially indicated that they were not interested in placing the substation on his property. He recommended the site south of CR 16, near the intersection. Information regarding land costs was requested and specific sites were identified. The Commission was concerned that the residents in the Tyrone Drive area would be fearful of health risks, and chose to locate away from the residents for this reason. Jon Albinson indicated that if the Commission stayed to the northwest corner of his property, that he would consider negotiating a price and offered an option. A formal motion to move forward on the proposed site was approved in June, 1998. Routine permits were then obtained and the Board of Adjustment and Appeals approved the Conditional Use Permit (CUP), which was appealed by the Lusignan's. In summary, Mr. VanHout stated that the Commission wanted to locate the substation as far away from residents as reasonably possible due to resident's fears of health risks. The present site is located within the site identified as Alternative No. 7 and is being acquired without litigation, at a fair price, set by outside appraisers. The proposed transmission lines will be short, lines would be built further from the house than existing lines and would run away from the house. He stated that the Commission's process has been objective and fair, as well as the consultant's report . He said that they tried to keep the substation as far away from people as possible. He also said that the CUP should not be overturned and requested such. Kevin Favero, Consultant, approached the podium and stated that stray voltage and electromagnetic fields are not the same phenomena. He explained that the EMF is a function of the transmission lines that have been there and will remain there, regardless of where the substation is located. He said the flow of electricity to the substation, if placed where proposed, would actually reduce the flow of the current on the transmission line nearest the Lusignan property because the flow to the substation will come from both directions. He said there would not be a significant change in EMF. In response to Ms. Lusignan's concern for stray voltage, Kevin Favero said that the level of voltage between the neutral conductor of service to the property and the earth potential could be monitored. Corrective action can be taken if there is a problem, by placing an isolating transformer on the neutral to the Lusignan's property. A discussion ensued in which Kevin Favero explained that the substation will not pose any additional risk to this site. Official Proceedings of the August 18, 1998 Shakopee City Council Page -6- In response to Ms. Lusignan's concerns regarding the cost, Kevin Favero explained that alternatives to expand the existing substation were considered. However, there is enough cost difference that even if the costs are as high as $600,000 for the proposed site over the next 13 years, by adding the cost of an additional transformer with additional circuits, this would still be the cheapest site. There may be other alternatives that were not near residences but they were ruled out due to cost. Alternatives 1 & 2 range from $640,000 to $730,000 higher than the chosen Alternative No. 7. Amundson/Sweeney moved to deny the Appeal request of the Lusignans and uphold the Board of Adjustment and Appeals approval of a Conditional Use Permit for an electric substation. Ms. Lusignan stated that there is no purchase of land with Alternative No. 1. She said that after adding the cost of the fabric fence to Alternate No. 7, the difference between the two is $138,000. She asked the Councilmembers to take a broader view. Sweeney/Amundson moved to amend the motion by adding language directing staff to draft a Cncls. Link and DuBois Motion carried 3 2 with resolution consistent with that determination. opposed. The main motion carried 3-2 with Cncls. Link and DuBois opposed. Michael Leek explained that Kieffer& Co., Inc. submitted an Appeal application after the Board of Adjustment and Appeals denied their variance request from the maximum 200 square foot signage limitation. They have submitted a letter also to amend their original request to allow for additional signage for a TCF sign. He said that the notice for the original request was specific and that the additional request would require a separate public hearing notice be published as well as a separate review by the Planning Commission. Dennis Crowe, Oppidan Investment Co., Developer, approached the podium and stated that he felt that there is an inequity in the City Code that unfairly penalizes stores of large retail size. He said this is a hardship for large, prospective tenants. He said the Cub proposal is for approximately 670 square feet of signage on the front as well as a TCF sign, which takes the front wall signage request to 740 square feet. This is approximately 10 percent of the overall front wall area. In addition, they are requesting a sign to be placed on the north side of the building, which is approximately 190 square feet. He said that the denial would have resulted in a decision not to build in Shakopee had it been addressed earlier. A discussion ensued regarding the Signage Ordinance. Cncl. Sweeney suggested that rather than looking at variances, the ordinance itself should be modified. Michael Leek reported that he has been collecting information from other cities and agreed that the ordinance should be modified rather than granting variances. He suggested two potential approaches: 1) address a sign plan as Official Proceedings of the August 18, 1998 Shakopee City Council Page -7- part of the CUP for the retail portion, 2) look at the Ordinance. Because the grand opening is set for early October, neither of the two approaches provides sufficient time to produce the signs needed for the opening. A discussion ensued regarding a review of the Signage Ordinance. Dennis Crowe suggested that a variance be allowed and that the Council use this as a framework to adopt an appropriate Ordinance. DuBois/Link moved to approve the Appeal request of Kieffer & Co. (for Cub Foods) and over- turn the Board of Adjustment and Appeal's denial of a variance to the Signage Ordinance and direct staff to draft a resolution consistent with that determination. Lloyd Johnson, Real Estate Mgr., Super Valu, approached the podium and stated that he had never encountered a Sign Ordinance with such restriction in the Twin City area. He said that TCF will open October 16th without signage. They are 1,000 feet from Marschall Road, and with no freeway visibility a 190 square foot sign is necessary. Jim Thomson said that conditions can be imposed with variances. He said the developer may have to decide how they want to allocate the total square footage of signs, which would be consistent with the notice, as long as the specified amount of square footage is not exceeded. Jim Thomson suggested adding a condition that a variance would only be valid for one year. At that time the developer must be in compliance with the existing Sign Ordinance. Brekke/Sweeney moved to amend the motion by adding the condition that the variance be granted for one year, at which time the Developer must be in compliance with the existing Sign Ordinance. Lloyd Johnson stated that he could live within the requested square footage for the signs and he will allocate the signs within the numbers requested. A discussion ensued regarding the intent of the motion. Jim Thomson stated that there is a need for discussion as to the minimum square footage that the developer can live with for the grand opening. The motion as amended failed 4-1 with Mayor Brekke in favor. The motion to overturn BOAA decision carried 4-1 with Mayor Brekke opposed. Official Proceedings of the August 18, 1998 Shakopee City Council Page -8- DuBois/Amundson offered Ordinance No. 523, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Providing an Ordinance Summary for Ordinance No. 521, and moved its adoption. Motion carried unanimously. DuBois/Amundson moved to direct staff to place the appropriate signage, to allow school bus parking on the west side of Lewis Street between 5th and 6th Avenues, and to remove the signage on 6th Avenue, as requested by the School District. (Motion carried under the Consent Agenda.) DuBois/Amundson 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., for Saturdays between 7:00 a.m. and 9:00 p.m. with conditions: minimizing noise exposure near residential areas, and if there are excessive residential complaints received by the City that the suspension can be revoked at the discretion of the Public Works Director; and, directed staff to publish notice of the suspension terms with the conditions as recommended by staff. (Motion carried under the Consent Agenda.) DuBois/Amundson offered Resolution No. 4970, A Resolution Restricting Parking on 17th Avenue East, from Sarazin Street To 1/2 Mile East of Sarazin Street, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Amundson offered Resolution No. 4966, A Resolution Restricting Parking on 17th Avenue, from 1/4 Mile West of CSAH 17 to CSAH 17, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Amundson offered Resolution No. 4971, A Resolution Restricting Parking on Vierling Drive, from the Western Plat Boundary of Orchard Park West to Fuller Street, and moved its adoption. (Motion carried under the Consent Agenda.) Bruce Loney reported that bids were taken for the Southbridge Parkway landscaping, lighting, irrigation and restoration project. The low bid was received by Braun Turf Farms, Inc. with a Base Bid of$891,471.08 and an Alternate No. 1 bid at $20,460.75. The bids were lower than the Engineer's opinion of cost of $960,875. The developer provided letters of credit for the assessments prior to the bids, in order to record the plats. The City Attorney has determined the developers are in compliance with the terms of the developer's agreement. The total estimated project cost is $5,136,864.53 with the feasibility report cost estimate at $6,046,468. Sweeney/Link offered Resolution No. 4967, A Resolution Accepting Bids on Southbridge Parkway Collector Street Landscaping, Lighting, Irrigation and Restoration Improvements Project No. 1997-4A, and moved its adoption. Motion carried unanimously. Official Proceedings of the August 18, 1998 Shakopee City Council Page -9- DuBois/Link moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. to provide consultant services for the City of Shakopee, for Project 1997-4A. Motion carried unanimously. Link/Amundson moved to authorize a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on the 1997-4A Project. Motion carried unanimously. DuBois/Amundson offered Resolution No. 4968, A Resolution Accepting Work on the 1997 Pavement Preservation Program Project No. 1997-2, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to authorize the purchase of one single axle dump truck, cab and chassis at $51,275 with the purchase to be paid out of the Internal Service Equipment Fund. (Motion carried under the Consent Agenda.) Cncl. Sweeney explained that an additional officer was proposed in the police department budget proposal for the purpose of being part of the Southwest Metro Drug Task Force. He said if participation in the task force operations is approved at this time, the additional officer is approved without discussing the budget. Dan Hughes, Chief of Police, approached the podium and explained that the intent is to have the City endorse the concept of participating in 1999, not to discuss the additional position which will be requested in the 1999 budget. He said that as a participant, the City could tap into the resources to investigate drug crimes in Shakopee. One option would be to delay this until the budget is addressed. Sweeney/Amundson moved to table discussion relating to participating in the Southwest Metro Drug Task Force. Motion carried unanimously. DuBois/Amundson moved to authorize the appointment of Craig Robson and Bob Forberg to probationary Police Sergeant effective August 19, 1998. (Motion carried under the Consent Agenda.) Terry Link, Shakopee Fire Chief, approached the podium and explained that the furnace and air- conditioning unit to be replaced at the 2nd Avenue Fire Station is the unit that heats the lounge, dispatch, and the locker room shower areas. This unit is not currently working. Two bids were received with the low bid from Ries Heating and Sheetmetal for $4,475.25. DuBois/Link moved to accept the bid from Ries Heating and Sheetmetal for $4475.25 and proceeding with the furnace and air-conditioning unit replacement at the 2nd Avenue Fire Station. Motion carried unanimously. Official Proceedings of the August 18, 1998 Shakopee City Council Page -10- DuBois/Amundson moved to approve the application and grant an off-sale intoxicating liquor license and a tobacco license to Crossroads Liquor of Shakopee, L.L.C., 1278 Vierling Drive East, effective October 15, 1998, conditioned upon the submission of evidence of liquor liability insurance. (Motion carried under the Consent Agenda.) Sweeney/DuBois moved to authorize the proper city officials to execute the assessment agreement with Scott County for the 1999 assessment year in the amount of$51,400. Motion carried unanimously. Sweeney/Amundson moved to authorize the appropriate city officials to prepare the necessary document to transfer the Board of Review duties and powers to the County Board of Equalization for a three year period, beginning in 1999, contingent upon the City Attorney's approval. Motion failed unanimously. DuBois/Amundson moved to direct staff to take the appropriate action to insure that the regular September 1, 1998, meeting is adjourned to Monday, September 14, 1998, at 7:00 p.m. (Motion carried under the Consent Agenda.) DuBois/Amundson offered Resolution No. 4969, A Resolution Transferring Assessments to New Parcel Numbers Within CIC No. 1064 South Parkview 3rd Addition Townhomes (Originally Known as Parcels 27-232002-0 Through 27-232024-0), and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Amundson offered Resolution No. 4972, A Resolution Appointing Judges of Election and Establishing Compensation, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to authorize the contract with AirTouch Cellular for employee phone service. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to award contracts for stump grinding and tree trimming to Chuck's Tree and Landscaping Services ($21,634). (Motion carried under the Consent Agenda.) DuBois/Amundson moved to authorize the Chief of Police to designate the two spaces in front of 112 Third Avenue West as two hour parking. (Motion carried under the Consent Agenda.) Sweeney/DuBois moved to authorize the payment of$6,960.25 to Valley Green Business Park, as interest on the sidewalk escrow account from the Canterbury Park 2nd Addition. Jon Albinson approached the podium and stated that there is a provision in the developer's agreement to secure the City in a variety of ways. There are also provisions which state that the City will pay interest against the cash escrow that the developer gives to the City if they choose. Official Proceedings of the August 18, 1998 Shakopee City Council Page -11- He said that this money was placed into the agreement in a different way, and asked the City Attorney or the City Clerk to speak to this. Judith Cox, City Clerk, stated that there is a provision in the developer's agreement which provides for interest when there is a cash deposit. However, when a developer is making the improvements (Plan A) there is no provision for the City to pay interest. She said that generally, cash deposits are not placed with Plan A improvements. However, she explained that in this case the cash deposit was submitted to the City when it was determined that it was not desirable to make improvements at that time. She said that it was her understanding that there was not a provision in the original developer's agreement for interest on money placed in escrow under the Plan B, improvements made by the City. She said that a request was made to add this provision later, and that the developer's agreement was amended at that time to include the interest provision for cash deposits for Plan B improvements, but not for Plan A improvements. Motion failed unanimously. Sweeney/DuBois moved to direct staff to bring a changed Plan A to the Council as soon as possible to allow for the interest payment request of Mr. Albinson, which will be retroactive to today, and specify how it will be occur. Motion carried unanimously. Bruce Loney reported that sidewalk inspections have indicated almost all of the sidewalk panels that need replacement are along collectors, and from the May 30, 1998, storm and which the City would pay 100% of the costs. The 1998 replacement program would include collector streets of County Road 15, 10th Avenue, and Marschall Road. There is $10,000.00 in the pavement preservation budget. As per the City's ordinance, sidewalk replacement on sidewalks older than five years is funded jointly 50% by the City and 50% by the property owners, unless the sidewalk is located on a collector or arterial street. If a sidewalk is located on such a street, the sidewalk replacement is funded 100% by the City. Bruce Loney explained that the sidewalk panels that are the most critical to replace, from a liability standpoint, are panels that have a 1/2 inch or greater differential and can pose a tripping hazard. He recommended the replacement of defective sidewalks. He said that there is not enough time to go through the assessment process with a feasibility study and a public hearing, in order to replace the sidewalks this year, and recommended postponing this until next year. Sweeney/Amundson moved to direct staff to replace sidewalks as identified on Attachment No. 1 to the memo from Bruce Loney dated August 19, 1998. (City Clerk document number 264) Motion carried unanimously. Official Proceedings of the August 18, 1998 Shakopee City Council Page -12- Cncl. Sweeney recommended revisiting the sidewalk issues as a future agenda item. His concern is for those streets with partial sidewalks. A discussion ensued relating to collector and arterial streets. SweeneyBrekke offered Resolution No. 4959, A Resolution Modifying Tax Increment Financing Plan for Tax Increment Financing District No. 10, and moved its adoption. Motion carried unanimously. Mayor Brekke announced that the August 27th meeting scheduled to begin at 4:00 p.m. will begin at the River City Center site and will re-convene at City Hall at 5:00 p.m. to continue with the Budget Review. Sweeney/Link moved to adjourn to August 20, 1998, at 4:00 p.m. Motion carried unanimously. The meeting was adjourned at 11:30 p.m. 4111 itviii,dit, J. 02, •ith S. Cox y Clerk Esther TenEyck Recording Secretary CITY OF SHAKOPEE f`� Memorandum C. '`--'� TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Valley Haven Update DATE: September 30, 1998 Last week, a representative of APAC,the advocacy group for mobile home park residents, and a resident of Valley Haven called to request that the park closing ordinance that Valley Haven group first proposed back in June be placed on the October 6th agenda for consideration by the Council. You have been previously advised that the recommendation that had come initially from the study group was not acceptable to the Valley Haven residents. I don't know that they all had a full understanding of tax increment, and/or feared the need for special legislation at the State to make this happen. A couple of new developments have occurred: 1. City Attorney Steve Bubul has advised that no special legislation is needed. Redevelopment could take place using the existing State law. As a result,the representative for the State Park Operators' Association is putting together a draft ordinance which could be considered by Shakopee, and considered as a model ordinance statewide. 2. More importantly, as of Monday, September 28th, an announcement was made that Valley Haven was being sold to an individual by the name of Philip Johnson. Mr. Johnson operates other parks in the metropolitan area,and will continue to operate this park for residents. He is familiar with the discussions that have been going on, but is not familiar with the City of Elk River's ordinance. He would like some time to review that. Based on my direction from you in June to discuss all of the issues before bringing this back,I have told the Valley Haven residents and APAC representative that this will not be on the October 6th agenda. I see a need for a study group to meet at least once more and review Mr. Lambert's proposed ordinance,plus give the new owner an opportunity to meet the residents, and review what they have requested. APAC and the resident with whom I spoke were not pleased. They are working on their strategy, and were focusing on the October 6th meeting. However, after discussing with the Mayor,we do not feel that it is ready to bring back to you. VALLEY.DOC It is probable that they will call you individually to lobby their case (they apparently now feel that they must have the Elk River-type of ordinance, and nothing else). It is also probable that many will show up at the City Council meeting on Tuesday night under the "Concerned Citizens"portion of the agenda as they are not otherwise on the agenda. I do understand their concerns. However,the Elk River park closing ordinance as I review it will not work satisfactorily in Shakopee. It would accomplish their short term mission - assuring that the Valley Haven property stays a mobile home park. However, long term, it will not be in their best interest, as a lack of funding in the event of a park closing will accelerate the deterioration of the park while it is in operation, leading to such things as blight, more police calls, and, increasing numbers of problem neighbors. For your information. Please contact me if you have questions. 1,k,LQ c Mark McNeill City Administrator MM:tw VALLEY.DOC CITY OF LAKE • ELMO City of Lake Elmo 777-5510 3800 Laverne Avenue North/Lake Elmo,Minnesota 55042 October 2, 1998 Honorable Mayor and City Council City of Shakopee Re: Park Closing Ordinance Dear Mayor and Council Members: Floyd Olson,a long time resident of Cimarron Manufactured Home Park here,asked me to provide you with a copy of Lake Elmo's Manufactured Home Park Closings ordinance. Mr.Olson,along with many other residents of Cimarron Park,brought to the City's attention the enabling legislation that allowed a City to adopt such an ordinance(§327C.095). Adoption of this regulation was done primarily to protect the Park residents' investment,their home,and their neighborhood. If you have any questions regarding this ordinance,please call me. Sincerely, Mary Kueffner City Administrator Enclosure 1. Lake Elmo Municipal Code Chapter 5- Building Section 550-Manufactured Home Park Closings • Chapter 5 - Building Section 550-Manufactured Home Park Closings 550.01 Purpose and Intent Based upon the difficulty and expense of relocating manufactured homes and the availability of manufactured home parks within a reasonable distance of the City,the Council finds that the public health,safety and welfare of City residents will be promoted by adopting regulations relating to the payment of relocation costs and compensation in the event of the closing of all or a portion of a manufactured home park. The purpose of the regulation is to define the regulations which will apply to manufactured home park closings and is adopted pursuant to the authority granted by Minnesota Statute 327C.095. 550.02 Definitions As used herein,the following words shall mean: Subd. 1 Closure Statement A written statement prepared by the Park Owner which includes the following information: A.A statement that the Manufactured Home Park,or a portion of the manufactured home park,is closing and the anticipated date of closing. B.A statement addressing the availability,location and potential cost of other manufactured home park lot sites located within a twenty-five(25)mile radius of the manufactured home park that is being closed. C.A statement of the probable relocation costs within a reasonable range which will be incurred by the park residents in order to relocate the park resident's manufactured home to a manufactured home park within a twenty-five(25)mile radius. Subd.2 Current Resident List A list of names and addresses of adult residents of the manufactured home park. Subd.3 Eligible Park Resident A park resident who satisfies the following criteria: A. Park lot rent is current within thirty(30)days of the anticipated park closing date and personal property taxes have been paid for the current and prior years. The owner's performance of the agreement shall be secured by a bond or a cash deposit filed with the Administrator in the amount of$1,000.00. B. Manufactured home has been maintained(including the roofing,siding,windows, flooring,and frame pursuant to the manufactured home park standards)for the year in which the manufactured home was constructed and the manufactured home is in good repair as determined by the City's Building Inspector. C. Park resident is unable to locate space in a manufactured home park within a twenty-five (25)mile radius which as the same or less restrictive standards. 550-1 2/18/97 Lake Elmo Municipal Code ) Chapter 5_Building Section 550-Manufactured Home Park Closings D. Personal credit history is not the reason the park resident's inability to relocate to another manufactured home park. Subd. 4 Lot An area within a manufactured home park designed or used for the accommodation of a manufactured home. Subd.5 Manufactured Home Park Any site, lot,field,or tract of land upon which two or more occupied manufactured 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 Park. Manufactured Home Park does not include facilities which are open daily during three or fewer seasons of the year. Subd.6 Manufactured Home • A structure,not affixed to or a part of real estate,transportable in one or more sections,which in the traveling mode is eight(8)body feet or more in width or forty(40)body feet or more in length,or when placed on a lot,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. Subd.7 Park Closing The conversion of all or a portion of the occupied lots of a manufactured home park to another use or the termination of use of the manufactured home park. Subd.8 Park Owner The owner of a manufactured home park. Subd.9 Park Resident An owner of a manufactured home located on a lot in a manufactured home park within the City who rents the lot and occupies the manufactured home as a principal residence. Subd. 10 Relocation Costs The reasonable cost of relocating a manufactured home from a manufactured home park in the City to another manufactured home park within a twenty-five(25)mile radius; the cost includes expenses incurred in the following categories: A. Preparation for Move. Reasonable costs incurred to prepare the manufactured home for transportation to another site.This category does include crane services but not the cost of wheel axles,tires,frame welding or trailer hitches. B. Transportation to Another Site. Reasonable costs incurred to transport the manufactured home to another manufactured home park within a twenty-five(25)mile radius. This category includes the cost of insuring the manufactured home for its replacement value while the manufactured home is in the process of being relocated and the cost of obtaining moving permits provided that the park owner shall not be required to pay delinquent taxes on a manufactured home if necessary in order to obtain a moving permit. This category does not include the cost of moving personal property. 550-2 2/18/97 t Lake Elmo Municipal Code Chapter 5- Building Section 550-Manufactured Home Park Closings • C. Hookup at New Location. The reasonable cost of connecting the manufactured home to utilities at the relocation site provided that this category does include crane services. The park owner shall not be required to upgrade the electrical or plumbing systems of the manufactured home. 550.03 Notice of Closing At least nine(9)months prior to the anticipated date for the full or partial park closing,the park owner shall: A. Personally serve a copy of the closure statement on at least one adult resident of each manufactured home within the manufactured home park. B. Personally serve the City Administrator with a copy of the closure statement,a current resident list,and a plan for funding the relocation costs and compensation which will be required as a condition of closing. 550.04 Public Hearing The City Administrator shall forward the closure statement to the Planning Commission for comment. Upon review by the Planning Commission,the City Administrator shall schedule a public hearing before the Council preceded by ten(100 days mailed notice to people whose names appear on the resident list. Failure to notify all park residents shall not invalidate the public hearing. At the public hearing,the Council shall review the closure statement,receive comments and evaluate the impact of the manufactured home park closing on the park residents,the City's resources and its Comprehensive Plan. 550.05 Conditions of Closing As a condition of closing,the park owner shall pay relocation costs to eligible park residents or the park purchaser shall pay compensation to eligible park residents as provided subsequently in this section. Development and/or building permits shall not be issued for subsequent uses of the manufactured home park property until the park owner has complied with the City's development regulations and until the park owner and/or park purchaser have made arrangements,acceptable to the City,for funding relocation costs and compensation required by this section. 550.06 Park Resident Statement Within ninety(90)days of receipt of a closure notice,a park resident shall provide the park owner with a written statement of relocation costs or, in the alternative,a written statement that the park resident cannot relocate the park resident's manufactured home to another manufactured home park within a twenty-five(25)mile radius and the reasons for the conclusion. 550.07 Election to Receive Relocation Costs Subd. 1 Single Section Manufactured Homes If a single section manufactured home can be relocated to another manufactured home park within a twenty-five(25)mile radius,the park owner shall pay eligible park residents' relocation costs as defined in this section,or,an amount equal to$3,500,whichever is less. Subd. 2 Double Section Manufactured Homes If a double section manufactured home can be relocated to another manufactured home park within a twenty-five(25)mile radius,the park owner shall pay eligible park residents' relocation costs as defined in this section,or,an amount equal to$5,000,whichever is less. 550-3 2/18/97 Lake Elmo Municipal Code wE Chapter 5-Building Section 550-Manufactured Home Park Closings g Subd.3 Relocation Payments The park owner shall make relocation payments directly to contractors providing the relocation service,but,upon proof of payment of the relocation costs by an eligible park resident,shall reimburse the eligible park resident directly for the relocation costs. The park owner shall be entitled to receive adequate documentation of relocation costs, including costs of proposals, invoices,estimates and contracts for relocation services. Subd.4 Maximum Relocation Payment The maximum relocation payment specified in Sections 550.07,Subd. 1 and 2 shall be adjusted on January 1st of each year commencing on January 1, 1992,based upon the change in the Consumer Price Index,Minneapolis-St. Paul, for all urban consumers("CPI-U)as published in the Bureau of Labor Statistics of the United States Department of Labor. The amount of the adjustment shall be equal to the percentage of change in the CPI-U on the date of adjustment over the CPI-U in effect on January 1st of the preceding year. 550.08 Election to Receive Compensation If a manufactured home cannot be relocated to another manufactured home park within a twenty-five (25)mile radius,an eligible park resident shall elect one of the following options by giving written notice to the park owner who shall forward the notice to the park purchaser,and the compensation payment provided for in this section shall be paid within thirty(30)days prior to the date of the closing on the sale of the manufactured home park. Subd. 1 Retaining Title The eligible park resident may elect to receive compensation in an amount equal to the average relocation cost provided to eligible park residents for the relocation of similar housing, in which event the park purchaser shall pay the compensation and the eligible park resident shall retain title to the manufactured home and be responsible for its prompt removal from the manufactured home park;or Subd.2 Title Transfer The eligible park resident may elect to receive compensation in an amount equal to the estimated market value for the manufactured home as stated on the current year personal property tax statement for the manufactured home, in which event the park purchaser shall pay the compensation to the eligible park resident and the eligible park resident shall transfer title to the manufactured home to the park purchaser free and clear of all liens and encumbrances. 550.09 General Requirements Subd. 1 Vacation of Manufactured Home from Park Displaced park residents cannot be required to vacate the manufactured home park until sixty (60)days after conclusion of the public hearing before the Council. Subd.2 Partial Closure If there is a partial closure of the manufactured home park and other lots remain available within the same manufactured home park,the park owner must allow displaced residents an opportunity to relocate within the manufactured home park unless the displaced resident's manufactured home,because of its size, is not compatible with the available lot. 550-4 2/18/97 . Lake Elmo Municipal Codc Chapter 5- Building Section 550-Manufactured Home Park Closings 550.10 Limitation of Relocation Costs and Compensation The total amount of relocation cost and compensation to be paid to eligible park residents shall not exceed twenty(20)percent of the estimated market value of the manufactured home park, as stated in the property tax statement for the year in which the closure statement is served on the City Administrator. If the total of the relocation cost and compensation payable to eligible park residents exceeds this limitation,the relocation costs and compensation payable to each eligible park resident shall be decreased proportionately so that the total of the relocation costs and compensation does not exceed the limitation stated in this section. 550-5 2/18/97 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/ , nsation shall be paid to the displaced residents no later than the nine(tty (50) days prior to the earlier of closing of the park or its conversion to anotheruse. 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 thisl7th day of November , 1997. k,;_,L.i. --r— _ enry AS. Duitsman Mayor - , .,. , ,,___„.4.,, ,/: -',1_,-..‘,„, Sandra A. Thackeray City Clerk - \\elkriver\sys\shrdoc\document\ordinanc\oa97-14.doc 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 scuare 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 • • Person: Any individual, corporation, firm, partnership, incorporated and unincorporated association or any other lecal 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 park 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-a, (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 recuired 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 aft. -- performance ftrperformance thereof, or, upon submission of written evidence of payment of relocation costs by a displaced resident, shall reimburse the displaced resident for such costs. S . 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 ADDIITIONAL COMPENSATION. If a nes_dent cannot relocate the manufactured home within a twenty-, ; ',ie (25) mile radius of the park that is being closet or some other eed upon distance and tenders title to the manufactured ho., , the resident is entitled to additional compensation to be pc_: 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 ecual 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 Section may be enforced by injunction or other appropriate civil remedy. • 1 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 reasonable. location 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 Ek•ee.CTIVE DATE. This ordinance shall be effective upon publication. ) i f s F .i .. - .. S . Passed and adopted by the City Council of the City of Elk River this 17th day of March, 1997. ` • !A, / • ens A. Duitsrnan • Ma Sandra A. Thackeray City Clerk 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 cormensation shall be paid to the displaced residents no later than the earlier of six-Ty (60) days prior to the closing of the park or its conversion to another use. Section 2. This ordinance shall take effect upon publication as provided bylaw. Passed and adopted by the City Council of the City of Elk River this 2151 day of April, 1997. // / C ` e A. Duitsman, Mayor • • glati • - Sandra A. Thackeray, City Clerk • SELLED 514146.1 • PROPOSED ORDINANCE FOR CITY OF SHAKOPEE CITY OF SHAKOPEE AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SECTION (MANUFACTURED HOME PARK CLOSINGS) OF THE CITY CODE OF ORDINANCES CASE NO. The City Council of the City of Shakopee does hereby ordain as follows: Section 1. Section of the City of Shakopee Code of Ordinances shall be amended by adding new section as follows. SECTION # : 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 or tax value, whichever is greater, 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 compensation shall be paid to the displaced residents no later than ninety(90) days prior to the earlier of closing of the park or its conversion to another use. 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 Shakopee this day of , 1998. John Brekke Judy Cox Mayor City Clerk 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, welfare will be promoted by requiring compensation ttoy adisplacedndlresidents 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 O1 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 wi feet or more in 1 dth or forty (40) ength, or, when erected on site, is three hundred twenty (320) or more scuare 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, and electrical system contained in it.Pheating, air conditioning, AA. Pnon RKOWe owner of a manufactured home park and any person gbehalf o,f the owner in the operation or management of a park. Int Person: Any individual, corporation, firm, partnership, incorporated and unincorporated association or any other lecal 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 PLELIC HEARING. 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. SECTION 1010.10 PAYMXNT 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-fivg, (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 cast of disassembling, moving and reassembling any attached appurtenances, such as poaches, 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 • • 'eJ +d•C �X C . x C. The . cost of repairs or modifications that are requ' red 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 (2 5) 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. __ a nEs_dent cannot relocate the manufactured home within a twenty-_ ve (25 ) mile rad'-us of the park pathat is be_.. - g closed or some other eed upon distance and tenders title to the manufactured ho,. = the resident is entitled to additional compensation to be pc._ ' 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 of The purchaser shall pay the cost the The - appraisal. 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 Section may be enforced by injunction or other aoproPriate civil remedy. ..::. 8 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 Ek-t'ECTIVE DATE. This ordinance shall be effective upon publication. • • 4 '_ CITY OF SHAKOPEE CONS 1 I T i�. J Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: October 1, 1998 Introduction and Background Attached is a print out showing the division budget status for 1998 based on data entered as of 10/01/98 . Also attached is a regular council bill list for invoicep 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 including Canterbury Drive) in the amount of $3, 302 . 99 . The EDA is setting up an "Agency Fund" for the donations to the Downtown Revitalization committee. This is not EDA or City money subject to disbursement approval . However, it will show on future bill lists as part of our internal control on checks . Action Requested Move to approve the bills in the amount of $378, 084 .04 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 10/01/98 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 -0 0 11 MAYOR & COUNCIL 65,330 112 38,394 59 12 CITY ADMINISTRATOR 225,000 5,700 127,163 57 13 CITY CLERK 182,430 7,353 126,438 69 15 FINANCE 326,090 7,819 246,066 75 16 LEGAL COUNSEL 253,500 0 177,216 70 17 COMMUNITY DEVELOPMENT 492,700 10,125 368,478 75 18 GENERAL GOVERNMENT BUILDINGS 153,890 834 77,175 50 31 POLICE 1,814,370 46,989 1,299,730 72 32 FIRE 486,860 24,203 333,267 68 33 INSPECTION-BLDG-PLMBG-HTG 261,400 6,617 177,258 68 41 ENGINEERING 442,010 15,821 298,517 68 42 STREET MAINTENANCE 1,228,580 6,206 747,207 61 44 SHOP 125,890 3,352 82,078 65 46 PARK MAINTENANCE 377,940 13,894 285,507 76 91 UNALLOCATED 526,830 -1,425 367,255 70 TOTAL GENERAL FUND 6,962,820 147,600 4,751,749 68 17 COMMUNITY DEVELOPMENT 485,570 310 287,567 59 TOTAL TRANSIT 485,570 310 287,567 59 19 EDA 156,600 1,800 49,660 32 TOTAL EDA 156,600 1,800 49,660 32 H a) a) OS a a a a aaa a a a a a a a a a a as a a a a aaaa 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 C4 w OW 1 0 Z 000 W m m m U coco0 H H r N H N cO 01 O H N m er III u)to Ln ul un un ul un un > 01 ri ri ri 01 Q1 0 O O 0 O 0 0 0 0 0 0 0 0 0 0 t0 r t0 t0 r r r r r rrrrrrrrrr ri LinH N N N u) 0 in c-- u) u1 in 0 O in un u)Lnul to to u)LinN ul H 0 p In qqq 0 0) 0 0 0 0 0 01 0) 0 0000000000 01 o H W W W 0 m 0 0 0 0 0 m m O 0 0 0 0 0 0 0 0 0 0 I" H 0 er In CO H co 0 m H 0 0 c0 o O ri H ri ri ri H ri ri ri ri H r co er co cpm H r H OC4 H H to ririH in H m ra ri CO N Ns r m NNNNNNNNNN Zm m H ri m m m m m m m m m m m W N N H N N N er N er N N V' dr N N er dt dr er Tr d1 er Tr V'Vr Tr 0 0 I I I I I I I i , Ii i i I I I I 111111 i i 1 1 OI N N 0 NNN CO NH N N H H N01 r'i riririNHririr4riH H H CO H ri H ul H m r-I H u) H H H ri N m In of 01 H N m N N 4cn 0) r 0)01 01 LO O1 m 0) 01 r m 01 01 m ri ri ri ri ri m m m dr r O 0 01 0 0 p t0 0 O O O O O 0 O O 0 0 0 0 0 0 0 0 0 0 ri r-i 0 }i u) u) >4 U Z z a H w 01 0 W 1 D U H am aW w 0 E X E Cl)Tr 04 43 4.1 ai H H O Cl) co Cl) KC 01 U U Z ri CO 0) q >4 U)) z zHa 0 0 4 x WWWWWWWWWW H m a Cl) z z Z z z Z z z z z H a r W W W W Cl) 0 CO w w 0) \ 0000000000 Fzl Cl) 0 N t7 0 0 a xxxxxxxxxx 01 v H 0 0 a w I CO44w aaaaaaaaaa U 4 N H WUm to Cu 0 ri H H 01 er > wwwwwwwwWw 0 a H D 0U) y 3 to 0 r H Cl) CI) 0 er ►]o-7aaaaaaaa (s. 0 0< WH O m C4 Ln O O O m m 0 WWWWWwWWWW ri 4 o W OZO a' er a r o a a N N H HHHHHHHHHH O r p 04 H 4 Ln 41 a4 04 H Tr u) Cl)41 WcoW a.U Z H H a CO• m H H H H C4 C4 H El ri H O4 0 0 W W W 0 Z 0 0 0 H >i C a a Cl) O >>9 Z Z W 4 Cl) Cl) H H W ail H ix CO a4 W W H ix H H Cl) Cl) x 9 0 Cr) W W W 0 a H 4 4 W W H U CDDI v)W m W H 4 00 Enof 0 A z w XXX W C7 4 0 H H C4 HHHHHHHHHH U E a ' AAA a G4 z A A £ W H a H W W \ \ a' LAI,.11 ,s.s .s.s 44 L!!LS t.0 OH. 414143 41 x a W El z Hz 0ti) 0 41 U HHHHHHHHHH Du 4 0 Cl www H x a co D a Cl) 4444444444 00 00 u)ul 04O10 rl NO NO u)ul 00 NN 00 00 00 0101 NN 00 ru)to 0304C r-ermH E co co O O N N u)01 0)er H ri u)u) t0 t0 m m u)u) O O O O m OD m m O O cO ri tO dr V'r r r N t0 O)01 OD C0 er er rH et'er Ln u) ri ri mm OO tO ND O0 ND tO u)u) riH mm ri tD CDL)m Ho N0 03 0 ri ri V'd. 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W H H V) OG t>,' H W W UI 0 H H O a1 0 0 0 0 0 0 U O H H N N d• V' d• UI M d• 111 a) V• 0 H H w w w w d• w r r r r CO a it 4# 3G * * 3t CITY OF SHAKOPEE Memorandum CONS ENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of HTS Properties First Addition DATE: October 6, 1998 BACKGROUND: On September 14, 1998, the City Council voted to approve the Preliminary Plat of HTS Properties First Addition. This plat is located north of 7th Avenue and east of Market Street. Please find attached for the Council's review and approval, Resolution No. 4965, granting approval to the Preliminary Plat. ACTION REQUESTED: Offer and approve Resolution No. 4965, approving the Preliminary Plat of HTS Properties First Addition, subject to conditions. Juli lima Plar er II is\c ommdev\cc\19 9 8\cc 1006\pphts l.doc RESOLUTION NO. 4965 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT OF HTS PROPERTIES FIRST ADDITION WHEREAS,Tim Smith is the applicant and owner of said property;and; WHEREAS, the property upon which the request being made is legally described as attached on Exhibit A; and WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of HTS Properties First Addition on September 3, 1998, and has recommended its approval with conditions; and; WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the Preliminary Plat of HTS Properties First Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Park dedication fees consistent with the City's Fee Schedule in place at the time of development shall be collected for Lot 1, Block 1. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. 4. The developer acknowledges the presence of assessments on the property and waives his right to appeal the reapportionment. 5. Three(3)parking spaces which comply with City Code Section 11.61, shall be striped in the parking area south of the apartment building and north of the alley. 6. All refuse containers shall be screened from public view. 7. Utility connections to the City's system and all restoration work in the City right-of-way shall be constructed as required by City Code, and as required by the City's standard specifications. 8. Lot 1, Block 1 shall be redrawn to width of 69 feet. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said plat and the developer's agreement for Pheasant Run. 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 South Holmes Street Shakopee,MN 55379 EXHIBIT A TRACT No. 1 All of the following described tract lying East of Market Street as now established by the City of Shakopee: A tract of land bounded as follows: Commencing on the South line of the Northwest Quarter of the Southwest Quarter, Section 6, Township 115, Range 22, Scott County, Minnesota at a point 574 feet East of the West line of said Section; thence East on said South line a distance of 290 feet; thence North 150 feet; thence West 290 feet; thence South 150 feet to the place of beginning. TRACT No. 2 A tract of land beginning at a point 1008.5 feet East of the Southwest corner of the Northwest Quarter of the Southwest Quarter, Section 6, Township 115, Range 22, Scott County, Minnesota; thence West 2.19 chains (144.54 feet) along said South line; thence North 150 feet; thence East 2.19 chains (144.54 feet); thence South 150 feet to the place of beginning. TRACT No. 3 Lot 7, Block 309, WERMERSKIRCHEN'S ADDITION, Shakopee, Scott County, Minnesota, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County and State. )A/ 3, CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Final Plat of Market Place 2nd Addition DATE: October 6, 1998 INTRODUCTION On September 17, 1996, the City Council approved Resolution No. 4510, Approving the Final Plat for Market Place 2nd Addition. However, the Final Plat has not been recorded due to the applicant's inability to obtain all of the signatures of property owners within the plat. This has necessitated that the applicant redraw the plat. The applicant has submitted and the City has reviewed a revised Market Place 2nd Addition. DISCUSSION Market Place 2nd Addition is located north of 5th Avenue and west of Market Street. Attached for your reference is the original Market Place 2nd Addition(as a part of the Sept. 5, 1996, Planning Commission memorandum)which received approval from the City but has not been recorded. Exhibit A is a copy of the revised Market Place 2nd Addition. The revised final plat is in conformance with the approved final plat. Lot configurations and access remain the same between the two plats. The main difference between the two plats is that the revised plat provides for a twenty (20) foot wide alley on the east end of the plat. The alley then, on the western boundary of Lot 6, decreases to sixteen (16) feet and continues to the western boundary of the plat. The approved plat provided a sixteen (16) foot alley through the entire plat, while providing approximately ten (10) foot outlots to the north of the alley. These outlots have been eliminated in the revised plat. Staff is recommending approval of the Final Plat, subject to the conditions applied with the approved plat, with the exception of park dedication fees. Due to the application for this Final Plat being received by the City after the new park dedication fees were established, staff is recommending that park dedication fees for the remaining undeveloped lots be collected at a rate consistent with the City's current fee schedule ($900.00 per lot). The original approved final plat, which was reviewed under the previous park dedication requirements, called for park dedication fees to be collected in the amount of$861.11 per lot. Due to the issues surrounding the replat, City Council may wish to discuss which park dedication fee amount should be collected. All other issues surrounding this plat remain the same from the time of its original review. Therefore, staff has attached for your reference a copy of the September 5, 1996, Planning Commission memo. ALTERNATIVES 1. Recommend to the City Council the approval of the Final Plat, subject to the conditions recommended by staff. 2. Modify the conditions recommended by staff and recommend to the City Council the approval of the Final Plat, subject to the revised conditions. 3. Recommend the denial of the Final Plat to the City Council, stating the reasons for the denial. 4. Table the recommendation to the City Council and request additional information from the applicant or staff. STAFF RECOMMENDATION Staff recommends the approval of the Final Plat for Market Place 2nd Addition, subject to the following conditions: I. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title opinion by the City Attorney. B. Execution of a Developer's Agreement for the construction of public improvements: 1. The alley shall be constructed in accordance with the Design Criteria and Standard Specifications for the City of Shakopee. The developer shall be responsible for the relocation of any existing utility poles that are required to be moved due to the construction of the alley. The developer shall eradicate and turf the current north/south alley. C. The developer shall provide to the City a copy of a signed agreement with Shakopee Public Utilities(SPUC)to relocate the utility poles. This document, along with the proposed relocation site for the utility poles, shall be reviewed and approved by the City Attorney and the City Engineer. D. Access Permits for Fourth Avenue (CR 16) must be approved by the Scott County Highway Department. E. The developer is granted permission to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat, and shall provide adequate financial guarantees to ensure compliance within the one year time frame. F. Park dedication fees in the amount of$900.00 per lot shall be required, and are to be paid prior to the recording of the final plat. The park dedication fees only apply to Lots 7 through 12,Block 1 and Lots 1 and 2,Block 2. G. Outlots A, B, C, and D will be dedicated to the adjacent property owners to the north with the recording of the Final Plat. H. Outlot E shall be dedicated to the adjacent property owner with the recording of the Final Plat. II. The following must be completed prior to the approval of Building Permits for the site: A. The developer shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. B. All buried debris excavated during the construction of any buildings shall be hauled to a landfill. No Certificates of Occupancy shall be issued for a building until all debris is hauled off the lot and to a landfill. ACTION REQUESTED Offer a motion to approve Resolution No. 4997, and move its adoption. j ulie Klima Planner II i:\commdev\c61998\cc1006\fpmp2.doc RESOLUTION NO. 4997 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT FOR MARKET PLACE 2ND ADDITION WHEREAS,the City Council did review the Final Plat for Market Place 2nd Addition on October 6, 1998; and WHEREAS,this Resolution supersedes Resolution No. 4510; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the Final Plat for Market Place 2nd Addition, described as attached on Exhibit A, is hereby approved subject to the following conditions: I. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title opinion by the City Attorney. B. Execution of a Developer's Agreement for the construction of public improvements: 1. The alley shall be constructed in accordance with the Design Criteria and Standard Specifications for the City of Shakopee. The developer shall be responsible for the relocation of any existing utility poles that are required to be moved due to the construction of the alley. The developer shall eradicate and turf the current north/south alley. C. The developer shall provide to the City a copy of a signed agreement with Shakopee Public Utilities (SPUC) to relocate the utility poles. This document, along with the proposed relocation site for the utility poles, shall be reviewed and approved by the City Attorney and the City Engineer. D. Access Permits for Fourth Avenue (CR 16) must be approved by the Scott County Highway Department. E. The developer is granted permission to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat, and shall provide adequate financial guarantees to ensure compliance within the one year time frame. F. Park dedication fees in the amount of$900.00 per lot shall be required, and are to be paid prior to the recording of the final plat. The park dedication fees only apply to Lots 7 through 12, Block 1 and Lots 1 and 2,Block 2. G. Outlots A, B, C, and D will be dedicated to the adjacent property owners to the north with the recording of the Final Plat. H. Outlot E shall be dedicated to the adjacent property owner with the recording of the Final Plat. I. The developer shall submit a revised grading plan, to be approved by the City Engineer that includes Lots 5 and 6,Block 1. H. The following must be completed prior to the approval of Building Permits for the site: A. The developer shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. B. All buried debris excavated during the construction of any buildings shall be hauled to a landfill. No Certificates of Occupancy shall be issued for a building until all debris is hauled off the lot and to a landfill. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1998. Mayor of the City of Shakopee A FIEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 EXHIBIT A Legal Description (property included in MARKET PLACE 2ND ADDITION) Lot 1,2,3,4.5 and 6, Block 1, and Outlot A, MARKET PLACE, according to the recorded plat thereof. And, Lot 3, LERRIEMONDIES ADDITION, according to the recorded plat thereof. And, a ttact of land in the City of Shakopee described as follows: Beginning at a point on the west line of the Southwest Quarter of Section 6, Township 115, Range 22, (also known as the Range line between }?anges 22 and 23). distant 389.00 feet, more or less, south:of the northwest corner of said Southwegt Quarter, said point also being the intersection of said west line and the north line of fourth Street, as dedicated on SHAKAPEE CITY, (also known os County Road 16); thence southerly, along said west line, 212.7 feet; thence easterly, parallel with the north line of said Fourth Street 154.3 feet; thence at right angles northerly 204.6 feet, more or less, to the north line of said Fourth Street; thence westerly along said north line of Fourth Street to the point of beginning. Except that part (former Chicago, Milwaukee, St. Paul and Pacific Railway Right of Way) recorded in the plot of MARKET PLACE. That part of the North Half of the Southwest Quarter of Section 6, Township 115, Range 22 which lies northerly of the north line of Outlot A, VERMERSKIRCHEN S 2ND ADDITION, and its easterly extension, also known as the northerly line of MULBERRY MEADOW FIRST ADDITION) and which lies southerly of the southerly line of Outlot A, MARKET PLACE, according to the recorded plat thereof, and westerly of the west line of Lot 6, Block 1, said MARKET PLACE, and its extension southerly to the north line of said Outlot A, 4ERMERSKIRCHEN'S 2ND ADDITION. Subject to an easement for public utility and street purposes per Doc. No. 319678. hp • CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Final Plat of Market Place 2nd Addition DATE: September 5, 1996 Site Information Applicant: Klingelhutz Development Company Location: North of 5th Avenue and West of Market Street Current Zoning: Old Shakopee Residential(R-1C)(See Exhibit A.) Adjacent Zoning: North: Old Shakopee Residential(R-1C) South: Old Shakopee Residential(R-1C) East: Old Shakopee Residential(R-1C) West: Old Shakopee Residential(R-1C) Comp.Plan: 1980: Residential Draft 1995: Single Family Residential Area: 4.6 Acres MUSA: The site is within the MUSA and can be served by municipal utilities. Introduction Klingelhutz Development Company has submitted an application for approval of the Final Plat for the proposed Market Place 2nd Addition. The developer is proposing to plat 14 lots for single family residential development, and 7 outlots. Exhibits include the following: Exhibit A, Zoning Map; Exhibit B, Final Plat for "Market Place"; and Exhibit C, proposed Final Plat for "Market Place 2nd Addition". Background The proposed subdivision would replat the"Market Place"plat, and would also contain unplatted land. The City Council approved the Final Plat for"Market Place" in 1992. This plat contained 3.03 acres of land, and the approval platted 6 residential lots and four outlots. (See Exhibit B.) One single family residential home was constructed in 1993 on Lot 1, Block 1 of both the "Market Place" and the"Market Place 2nd Addition" plats. (The lot and block numbers are the same for both plats.) The proposed replat of this lot is of the same width as the original lot,but it is deeper, extending into Outlot A of the"Market Place" plat. Two residential homes were constructed in the "Market Place" plat in 1994; one on Lot 3, Block 1, and one on Lot 4, Block 1. These two lots are proposed to be the same size and dimensions with the replat of "Market Place 2nd Addition". During 1995, three additional homes have been constructed within the "Market Place" plat; one on Lot 2, Block 1, one on Lot 5, Block 1, and one on Lot 6, Block 1. With the proposed replat of Lot 5 and Lot 6, the width will remain the same, but they will be deeper, extending into Outlot A of the"Market Place"plat. Considerations Planning Considerations: 1. There are currently six homes on the site (Lots 1, 2, 3, 4, 5, and 6, Block 1), and all of these homes will continue to meet the required setbacks within the R-1C Zone with the replat of the site. 2. A 20 foot wide alley was dedicated with the original Market Place plat. However, Section 12.07, Subd. 1, requires that residential alleys be only 16 feet in width. Therefore, the developer has been through the vacation process. Resolution No. 4362 was approved by the City Council in December 1995. This resolution vacates the northern portion of the alley that was dedicated with the original plat. The portion of the alley that was vacated will be platted as outlots with this plat, and the outlots will then be dedicated to the adjacent property owners to the north. This vacation is contingent upon the recording of Market Place 2nd Addition. 3. As a part of this plat, the developer will be constructing an east/ west alley. Currently, there exists a portion of property that is used as a north/south alley. The developer will be required to eradicate and turf the north/south alley. A condition has been added reflecting this requirement. 4. During the review process,the issue of whether or not right-of-way for Fillmore Street extends into the property has been a concern. The applicant has conducted research at the Scott County Courthouse on the issue and has not located any verification that right-of-way was ever dedicated into the subject site. Staff has consulted the City Attorney on this issue and the City Attorney has indicated that the title review that must be completed will reveal any discrepancies. Therefore, the approval process will continue to move forward. 5. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee be collected in lieu of park land. Using the purchase price provided by the developer in the calculation, the park dedication requirement would be approximately $861.11 per residential lot. The fees are required to be paid prior to the recording of the final plat. Engineering and Utility Comments: 6. Staff has been informed that debris may be buried near the proposed Lots 5 and 6,Block 1, and has recommended a condition requiring that all buried debris excavated during the construction of any buildings be hauled to a landfill. The Building Official has commented that the developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. 7. In order to install City services to the lots, a street cut permit is required. Since Market Street and this portion of 5th Avenue are less than 5 years old, the City Council must approve the street cuts. Staff has recommended that the City Council approve the necessary permits for work in the right-of-way with their approval of this plat. 8. The proposed plat has access to 4th Avenue (CR 16) on the north, Market Street on the east, and 5th Avenue to the south. Fourth Avenue is designated as a Collector Street in the Transportation Element of the approved 1995 draft Comprehensive Plan. It is also a county road (CR 16) and is under the County Engineer's jurisdiction. Access to 4th Avenue will require the approval of the County Engineer. Since this portion of 4th Avenue is less than 5 years old, the County must also approve any street cuts required for the installation of City services to the lots adjacent to 4th Avenue. Alternatives 1. Recommend to the City Council the approval of the Final Plat, subject to the conditions recommended by staff 2. Modify the conditions recommended by staff and recommend to the City Council the approval of the Final Plat, subject to the revised conditions. 3. Recommend the denial of the Final Plat to the City Council, stating the reasons for the denial. 4. Table the recommendation to the City Council and request additional information from the applicant or staff. Staff Recommendation Staff recommends the approval of the Final Plat for Market Place 2nd Addition, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the final plat: a) Approval of title opinion by the City Attorney. b) Execution of a Developer's Agreement for the construction of public improvements: i) The alley shall be constructed in accordance with the Design Criteria and Standard Specifications for the City of Shakopee. The developer shall be responsible for the relocation of any existing utility poles that are required to be moved due to the construction of the alley. The developer shall eradicate and turf the current north/south alley. c) The developer shall provide to the City a copy of a signed agreement with Shakopee Public Utilities (SPUC) to relocate the utility poles. This document, along with the proposed relocation site for the utility poles, shall be reviewed and approved by the City Attorney and the City Engineer. d) Access Permits for Fourth Avenue (CR 16) must be approved by the Scott County Highway Department. e) The developer is granted permission to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat, and shall provide adequate financial guarantees to ensure compliance within the one year time frame. f) Park dedication fees in the amount of$861.11 per lot shall be required, and are to be paid prior to the recording of the final plat. The park dedication fees only apply to Lots 7 through 12,Block 1 and Lots 1 and 2,Block 2. g) Outlots A, B, C, D, E, and F will be dedicated to the adjacent property owners to the north with the recording of the Final Plat. h) Outlot G shall be dedicated to the adjacent property owner with the recording of the Final Plat. 2. The following must be completed prior to the approval of Building Permits for the site: a) The developer shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. b) All buried debris excavated during the construction of any buildings shall be hauled to a landfill. No Certificates of Occupancy shall be issued for a building until all debris is hauled off the lot and to a landfill. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Market Place 2nd Addition, subject to conditions, and move its approval. , c.i& , I, ulie Klima / i:\commdev\boaa-pc\1996\sept05pc\fpmktpl.doc Planner I EXHIBIT A } � •;, ,'i. ,,R 211 �� • � -��-�- •:� _- - __. �`- � ,� �` ' �,i 1. 1` �• ' 'c6§ 1\aus- \'''''' -14 1\ �� i _ 011 tstail ■ r_____: ,"- ,�. , iit al sty sue , statil 4���1 �' ' -,� - amt vasrfrin tiVa 13" 0'R .,, gillaS ,Ion , _�, o o��' o w t it ���sto .i •iiiii • s = ttta psi sorsa- ? uIi:at tt , ..o • -r — tilt- a _ tt� UP► 1 , t t ,> lilt sit nit lttama .aye ettl etttt�•�tt 1110-16-11i u��> IBS 1:1" 110 *VQ tt ttl o ���� Wig . 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McQuillan,Parks and Recreation Director Subject: Park Bond Referendum Professional Services Date: September 30, 1998 INTRODUCTION The Parks and Recreation Task Force and the and Associates to assist the City in e seeking City Council's approval to hire Ingraham planning the content, structure, cost estimates and strategy for a park and recreation bond referendum. BACKGROUNDn March at suggestion of the City The Parks and Recreation Task rce was formed Advisory Board. The purpose of the Force was to Council and Parks and Recreationdetermine study the recreation facility needs of the community and residentswhoepresent abroad range of should be funded. The Task Force consists of 15 parks and community interest in sports playfields, trails, neighborhood e g ng°o�e a month for seven months. center facilities. They have been The Task Force has concluded the Park Reserve Fundisan k Reserve fficient source Funds oending for the City's current and future recreation facilities. The obtained mainly from park dedication fees. The City also receives ds nations fundford grants. In some cases, the City has utilized Tax Increment Finance surpluses projects, but due to tighter controls of those funds, there fewer TIF funds available. The City has also dipped into the General Fund for park acquisition and improvements. The Task Force spent considerable time reviewing every project in the Five Year Parks Capital Improvement Program. They determined that some e rk projectsbonshould bedfunded with existing resources while others should be placed a p m. Narrowing down the list of potential projects to be placed on rparkn, thed rask ford e ieferenus asking been a very challenging process for the committee. For that asking the PRAB and the City Council's support in hiring a consultant tao help f a iltate the selection of projects to include in the bond referendum, 2) provide estimates and conceptual designs, 3) conduct a random survey "test the wed aters," to and 4) prepare informational materials about the referendum that will be dpublic. At its September 14, 1998 meeting, the Parks and Recreation Task Force interviewed two park planning consultants who can provide the aforementioned services. They were Jeff Shoenbauer of Brauer and Associates and Greg Ingraham of Ingraham and Associates. Both firms have done work for the City of Shakopee and have also worked with other cities or school districts on similar bond referendums. Brauer and Associates recently designed and managed the construction of Prairie Bend Park and was responsible for the Master Plan for Huber Park. Ingraham and Associates is completing the City's long-range park systems plan and park dedication study on industrial and commercial property. The task force is recommending Ingraham and Associates based on their familiarity of the City's park and recreation system and services. Both firms were comparable price-wise. See attachment. The Parks and Recreation Task Force is also recommending a cap of $13,000 for services. FUNDING There currently are no funds for professional services in the Parks and Recreation Operating Fund for FY98. Suggested sources for funding are: A. There is about $10,000 of unused full-time wages. The new Recreation Supervisor did not begin her employment with the City until May. Staff could transfer $6,000 of those funds to professional services to cover consulting expenses to the end of FY98. There is $8,000 budgeted in professional services for FY99. B. Utilize $6,000 from the Contingency Fund. C. Tranfer $6,000 from the General Fund to the Recreation Fund for professional services. Staff recommends Option A as the most viable source. TIMETABLE The Task Force and Park and Recreation Advisory Board would like to have the consultant on board within 30 days. The timetable for preparing a bond referendum package would be as follows: November 15 - Preliminary selection of projects for referendum. December 31 - Concept designs and cost estimates and budgeting January 31 - Public Opinion Survey completed and analyized February 16 - Recommendation to City Council for Park Bond Referendum(items & date) April? - Park Bond Referendum ALTERNATIVES 1. Hire Ingraham and Associates to provide consulting serves for the park bond referendum at a cost not exceed $13,000. 2. Hire Brauer and Associates to provide consulting serves for the park bond referendum at a cost not exceed $13,000. 3. Do not hire a consultant. 4. Table for further information from staff. RECOMMENDATION The Task Force and Parks and Recreation Advisory Board recommends Alternative#1 ACTION REQUESTED Move to recommend to the City Council to hire Ingraham and Associates to provide the City of Shakopee consulting services for a park bond referendum at a cost not to exceed $13,000. Mark J. McQuillan Parks and Recreation Director 08/07/1998 12:43 6124314602 INGRAHAM VOSS INC PAGE 02 1 H G R A H A M 8, VOSS , INC . teen Un Penang 8 Catge City Alamo; toadtcagr drehtrectere Part elevatng August 7. 1998 Mark McQuillian Parks&Recreation Director City of Shakopee 1255 Fuller Street Shakopee,MN55379 Re:Park Referendum Assistance Proposal Dear Mark: pleased to submit this proposal to assist the city in On behalf of Ingraham&Voss Inc.,I am park bond referendum. analysis,prioritization,budgeting and structure of a potential This work ties in well with our preparation of the Shakopee Park and Trail Plan update and the park dedication analysis and recommendations. We are familiar with the city park system,the future park and trail needs and park and trail construction and acquisition costs. park financing,municipal park management,public opinion surveys, Our experience with improvement costs will help ensure a well-defined,appealing publiccccoommmunications and park park bond package. providing the highest quality service at a reasonable rate. We look We are to mitted to ityou on this exciting project. If you have any questions about the forward to working with proposal contact Greg Ingraham at 431-4401. Sincerely, " 467 Greg Ingraham., AICP Architect principal Planner and Landscape 7373 Welt '47tu Street Suite 140 Apple Volley-MM S51Z4 (612)431.4401 ut.o44,4 (6121431-4612'nowt( 08!07/1998 12:43 612431x60.. INGRAHAM vOSS INC PAGE 03 2 Shakopee Park Bond Referendum Ingraham& Voss Inc. August 7, 1998 Shakopee Park Bond Referendum -Planning Assistance and Coordination Scope: Assist the City of Shakopee with planning the content, structure, cost estimates and strategy for a park acquisition and development bond referendum. Approach: Work with city staff,the Parks and Recreation Advisory Board,the Park and Recreation Taskforce and the City Council to help determine the best mix of park development and acquisition projects and the best presentation and positioning methods to ensure a successful referendum. Products: This work will be accomplished through the following actions: P Citizen Public Opinion Survey— "?'est the waters" Ingraham &Voss a & V) will prepare a written public opinion survey to determine resident preferences for different types of park,recreation and acquisition projects and to determine the level of support for a bond referendum. The results will be summarized to help guide decisions regarding the scope and content of the referendum Project Prioritization— "What's in the referendum?" I &V will assist the Task Force in finalizing their selections of projects to include in the bond referendum. The Task Force has already done a considerable amount of work to prioritize projects. We will help facilitate the final decision making process and will use the survey results and preliminary cost estimates to help finalize the bond package. We will help ensure that the bond package has a broad appeal to residents. > Concept Designs& Cost Estimates— "What will the projects look like?" and "How much will it cost?" I &V will prepare concept plans for selected priority projects in order to illustrate what residents will get for their money and to allow more accurate cost estimates and budgeting. The refined cost estimates will assist in the selection of projects to include in the referendum and will be a critical issue with decision makers and voters. Public Information,Positioning and Promotion— "Get the word out to voters" We will assist in the preparation of educational materials, promotional mailings and exhibits. Voters must fully understand what the referendum means,why it is needed, what it costs and what they will get if it is approved. We will also participate in a public open house information meeting to help explain the bond proposal and will assist citizen groups in promoting the referendum. 08/07/1998 12:43 5124311602 INGRAHAM VOSS INC PAGE Oa 3 Shakopee Park Bond Referendum Ingraham& Voss Inc. August 7, 1998 Schedule: Our work will be completed in a manner to allow a Spring, 1999 referendum vote. public opinion results,we recommend that the survey be In order to efficiently utilize the p conducted in the Fall of 1998. Consulting Fee Estimates by Task: Citizen Public Opinion Survey-S3,900. This includes development of a camera- ready questionnaire, statistical analysis of the results using Data Desk software and preparation of an executive summary and recommendations based on analysiponses s of the results. This estimate assumes analysis of approximat40mailinis g the randomly selected cross section of residents. If ocity-widee increased number of data analysis costs would increase slightly responses. Project Prioritization-$1,100. This includes analysis of the draft project list, preparation of prioritization recommendations and facilitation of project selection at two Task Force meetings. Concept Designs&Cost Estimates-$3,700. Concept plans will be prepared for approximately six key projects. The concept plans can be used for public f the information and promotional efforts and refe the productsprojeo will bebond referendum. Cost estimates for all of the bond reviewed, clarified(i.e. materials, scope,etc.)and refined as needed to ensure an accurate project budget. and Promotion-$2,900. Thiswork includes preparation Public Information,Positioning ages each and preparation of two camera-ready public information pieces of four eight pon. of recommendations regarding referendum strategy promo The above tasks assume participation at up to Project Management and Public Meetings— r the Task Force during the bond referendum planning process. Additional � or workbeyond meetings with staff,the Park�Boardobend the defined scope(at prior City direction) will be charged according to the hourly rate schedule. Reimbursable ae ppenses (printing, materials and mileage) are estimated at$300.00 and will be charged t cost. Project Team: Hour Rate Greg Ingraham, Project Manager,Principal Park Planner $70.00 and Landscape Architect Wendy Anderson, Park Planner $55.00 08/07/1998 12;43 6124314602 INGRAHAM VOSS INC PAGE 05 4 Shakopee Park Bond Referendum Ingraham& Voss Inc. August 7, 1998 Summary: Ingraham&Voss Inc. is uniquely qualified to assist and coordinate the planning for Shakopee's park and recreation bond referendum We are familiar with the city park system, n of future park and trail needs and this bond referendum dedicatiwork on analysis and build upon rations. the Shakopee Park and Trail Plan update and p We have extensive experience with park financing,park planning,public participation and andand recreation construction and acquisition costs. Our public opinion surveying park experience will help ensure a well-defined,appealing park bond package. Our fee proposal is$11,600(plus direct expenses)for all four tasks,including coordination of the bond referendum planning or we are available to perform selected tasks. We look forward to working with the city to help structure this important step in the building of Shakopee's park and recreation system. Proposal Acceptance: Ingraham&Voss Inc. is authorized to begin work on the planning for a park and recreation bond referendum based on the attached scope of work and fee schedule. City of Shakopee Its Date: Aug. 1`;C:1'. + _, � `��J ' 24. ,4•1%I.,...,SE PLANNINGAND DESIGN B R AU— R- 8c. ASS0C1. ' : D Date: August 21, 1998 • To: Mark McQuillan,Director Shakopee Parks and Recreation From: Jeff Schoenbauer,Vice President Re: Shakopee Park Bond Referendum Planning Mark, of services proposed by Brauer&Association,L .to assist the city in • undertaking rtakingg outlines a scope Based on our experience with these types of projects,it is our undertaking a park bond referendum p��• rovidin assistance and"coaching"on process and recommendation that our services be focused on p g munity.In our technical matters- do not see ourselves the and staff who understand need"sellers"of the referendum to the s hof the community,the experience,that can only be done by local public's perception of the issues,and are willing to putin�consideration.and m it takes to make it work.t context, is we present the following scope of services your • Work Task Brief Overview to meet the needs of the community. Referendum Process Focus is on tailoring a referendum planning processs other hagencies Planning I As part of this task,we would initiate a roundtable discussiontheir ith cess. parkr task that have gone through this process to discuss thefor each work task,and the establishes the key steps in the process,who is what takes project timeframe from beginning to end. It also serves to underscore just • • I to develop and carry out a successful referendum plan. '" Parlor and Recreation Key Stakeholders/sass Needs and Gain i Through the application of the PARKS Process t Process)developed by Brauer&Associates,we will work with the Park Board and Community Supportrelationships with key to kfh1)gain r support ppoforr theerreferend 21 and�3it ewith stakeholders � help in the referendum campaign. II The PARKS Process works at several levels,with different stakeholder groups,and with • I different objectives.At the community-wide level,the focus is on gaining resident input oincreasing their wide soff leewoouuld issues. the Pad(Board amend through to sort of community wide survey. a hard for pn^nng• design the best survey instrument for this situation and prepare datarcopyp firm g. We would also assist the city in contracting with an independentprocessing 11 do data entry,processing,and basic analysis. IThe next level of the PARKS Process focuses on city council,user group,business,and citizen group input and participation.The focus here is on building relationships and consensus with these key stakeholders and enlisting their support in undertaking the • referendum.We have found this to be of critical importance itnot�su successful surveys undertaking of a referendum and a step of equal importance inithat wisurve It is more important than the community-wide survey thethout , some keystakeholders the likelihood of success is•relatively small.Under support Boardand Taskforce to refine PARKS Process 1 this task,we would work with the Park council guides for one-on-ane interviews with individual success ful u ehofde��ps members)and structured guides for focus group meeting Y stakNote that the objective here is for the Park Board and Taskforce members to develop these relationships on a citizen-to-citizen/person-to-person basis.Our task is to assist in 1 making sure that this is done in an organized and fruitful manner that results in a 1 common understanding of community needs and consensus on a referendum plan. 7301 Ohms Lane,Suite 500 Minneapolis,MN 55439 Tel(612)832.9475 Fax(612)832.95.12 Aug. 24. l';;8 ._ w•EY 23 .. zof 2 Shakopee Park Bond Referendum Planning Proposal - nt and ublic support,we would assist the Develop Referendum Plan Based on the the needs assessmee vision and defining the concise scope of the Pack Board and d TaslTris dorce in wrong referendum-one that an be supported by the community-at-targe and embraced by the key stakeholders.This would start out broadly defined and be refined as the next steps are completed. Our role here is one of facilitation of discussions and pulling things together in concert with staff. Concept Design for Key . Working with the Park Board and Taskforce,we would prepare concept p tans far two Parks key parks and a program statement for the Community Center.These concepts and the program would be used by the city for promoting the referendum and for cost - estimating. —.----- ---- for each aspect of the Cost Analysis Study Working closely with staff,we would prepare a cost analysis athleticreferendum plan.Costs would be based on recent projects ranging from large complexes to small neighborhood parks we've completed in the last few years.Our contacts with contractors would also be used to verify current industry costing. Communication Tools Development of an effective communication campaign is-important and must be take and Community t into consideration the collective identity and personality of the local citizens.Brauer& Education Associates will assist the Park Board,Taskforce,and staff in reviewing'winning' approaches to public communication campaigns and help facilitate discussion about the approach that makes the most sense in this situation.Being that we are notprinters and j publications designers,it is our recommendation that the city either design house or through an outside print shop.Note that some of the best approaches are those that are simple with a straight forward message.We will also work with the task force on developing a plan for public information meetings and'open houses'.Note here that while an open house allows the public to casually discuss the referendum,it is not.the only avenue that should be pursued to get the word out. • for this project.The Note that the above table outlines rather broadly the scope of services recommended which ones you can de exact scope needs refinement depending on which items you need help public surveyo will yourself with perhaps a little outside coachingfacilitation.How the city approaches the p �fee range also impact the potential fees for the projectcurrent understanding of the project, for the work outlined above will like fall within the$10,000 to$15,000 range,plus the cost for data y proposal would be fine-tuned once I have a chance to processing of a community survey. Naturally,the fee ro meet with you,the Park Board and Taskforce and determine where your key needs lie. By and large,winning referendums come down to well organized efforts that rely heavily on tocal o are ct activists rather than art outside consultant.With certainty,some up front investment ist necessary y successful.Our objective as a consultant is to provide you with the professional services that make the most n sense and get the work done as efficiently and s possible. �ewould greaterdetail as too what is in the workto meet with your trk asks Board and Taskforce to go over the prod P outlined above. Please call with questions and comments.We look forward to another opportunity to work with the City of Shakopee. Thank you. Sincerely, 14/ J nba r f 11, Referendum Process Overview Public .,,, * 4 e Measure and monitor stakeholder needs - -`e Create and maintain ;,. stakeholder relationshi r 1, V c Communicate Initial Plan c o CityCouncil With Public/Stakeholders •2 a, cPark Board a Solicit feedback 3 c g City Staff c = � e Confirm vision � -p E "' a Establish base starting point e Consider priorities = c3 E and common vision a Use your task force-can't be E -fl c U `C° done by a couple of people U c r3 c; !• is c 3 J O .J 3 I- 13 I Create Citizen Task Force e Well-balanced and Make Adjustments Based representative on PublidStakeholders e Must have relationship with Input all levels of stakeholders e Don't lose the vision,but i t don't fool yourself either Assess Needs o Communicate with IF ` public/stakeholders Communicate Final Plan e Develop common vision With Public/Stakeholders AL .... 1 e Promote with vigor,but don't oversell IP Develop Referendum Plan e Crystalize vision Undertake Referendum e Define concise scope Follow Through Prepare Comprehensive a If youwin,keep going;don't Cost Study And lose momentum Schematic Plans e If you lose,build on the e Establish cost realities experience and continue to e Develop visual tools improve your process Park Bond Referendum Planning City of Shakopee Parks and Recreation Brauer & Associates, Ltd. Copyright Bre &AsawiadK,Lid. 1998. All Rights Resented PARKS Process" (Parks and Recreation Key Stakeholders Process) PARKS Process Overview Integrated process and set of tools that assist the city in: e Accessing the needs of the community e Building relationships with key stakeholders to gain their support for the referendum plan and scope e Enlisting key stakeholders in the referendum campaign Process works at several levels,with different stakeholder groups, and with different objectives. Community-wide level: ▪ Focus—gain resident input and increase their awareness of the issues e Approach—community survey and neighborhood focus groups/open houses Individual or group level: c Focus—gain city council, user group, business, and citizen group input and participation in the planning process e Approach—individual interviews and focus groups e Key aspect—citizen-to-citizen/person-to-person basis Note— Do not look at this process as a one shot deal—instead, look at it as a new way of doing business that keeps key stakeholders in the loop as a matter of course and day-to-day business Park Bond Referendum Planning City of Shakopee Parks and Recreation Brauer & Associates, Ltd. Copyr*Brauer&AsawaIM.Lid. VMIN. All RigMc R.r•rwvL PARKS Process" (Parks and Recreation Key Stakeholders Process) PARKS Process Roles of City & Brauer Brauer Key Role: c Facilitator of Process c Design and Develop Tools c Provide Training for using Tools Shakopee Key Role: c Define Key Stakeholders c Provide Insight into Planning Issues c Hands on Involvement in Implementing the Process c Develop and Maintain Key Relationships-for the Referendum as well as into the Future Park Bond Referendum Planning City of Shakopee Parks and Recreation Brauer & Associates, Ltd. Cop ynght Smiler&Asconates,Lld. 1998. At Rights Reserved. ' v\ SHAKOPEE PARKS AND RECREATION TASK FORCE MEETING MINUTES Monday, September 14, 1998 Parks and Recreation Task Force Chairperson Burl Zorn called the meeting to order at 7:00 p.m. at Shakopee Community Center. Members Present: Burl Zorn, Dan Gasow, Rick Friedrichsen, Ken Rynda, Jerry Neville, Jim Plekkenpol, Dave Mohr, Matt Lehman, Sean Laughlin and Peggy Hullander. Staff Present: Mark McQuillan Parks and Recreation Director and Ron Steilmaker Facility Manager. Chair Zorn noted this month's meeting will include two presentations from park consultants. The Task Force indicated it should hire a consultant to assist the committee with the Park Bond Referendum. The scope of services would include propject prioritization, concept designs and project costs, citizen survey and public information and promotion. Zorn stated Ingraham and Associates and Brauer and Associates were invited to submit proposals because of their experience working with referendums in other communities. Both firms have done work for the City of Shakopee. Ingreham and Associates is currently working on the City's long-range Park Plan and a Park Dedication Study for Industrial and Commercial property. Brauer and Associates designed and managed the construction of Prairie Bend Park and developed a new Master Plan for Huber Park. Greg Ingraham of Ingraham and Associates presented from 7 to 8 p.m. and Jeff Shoenbauer of Brauer and Associates presented from 8 to 9 p.m. After the presentations, Chair Zorn recommended meeting Monday, September 21 to discuss the presentations and decide who should be recommended for hire. The meeting will be held at 7 p.m. at City Hall. ''•..� il.•`ii::i :i ±:``Fj{'.' :.'-::O:i•i:4i:4:::fj'�:ii$:<�:•,'r:�i:?: Y�:iiiii:L'?ist sril$ii:}::`isy�i}'•%: '�+:+` igniiiintinigninitiallaiiiii ?�:{:j:'?i�.?:?i?�ii::;... �Fl� ...� .......................v::,}.....:...........:.:::::::...:::::::::.::::Q}Y.%iv^.:{�i:4}i}ii:4:C;•::{.,::•y}::•;:• :':6:4:isii''.'t•:i};.:;}'"i.:4:i{:L;:::i '{:;:i}:Si'''v'':::::::'.''''':iii: . :M�,,.,,:��.:.,.,.,.y: ::.:: .is�i::.::::::::::G:.iTisnii:w:w:::.::::::::::i:T:::y::...::::::tbii::.i:':.::::.y:::::ni: :.:: :..::q':.i.�.n....:.....:...:... ..q:::::i::. � �. ::::. :.:.::.:';::;:::•i::;•::<•i;i•:.ii:;::' :;•:;•;;.iiy.i.,•i::`::<.;...::..r:'...`:..:. .:.i•:.•:.:::::::..:...i .:;:.....i.......; .: ::.' :�... .. �:`.>..'. :. .: :i;>�:.::.;;..i :.. :::.: :. .::.. ext ... .....;...:..: :: < >>i : : ;:F:; c <i . : wt' <:bv.nda..:'i a,te ri ,:i199 >::>: .i::. :. :; : . ..; .:> ' :ea#�v�..�"a�k;�o�ce: e�tln :.:::::::::::::.::i:.i:::::::::: �r::..;;.:::�:.::::::.'.i:.;;:.:.:i:::::::::::::>:::.ii:.;:.:::. ai .:. ext: a£ks:,aid . c ,xix,,,,. ..:: ::::::::§ili::::::.::iik,,, ::.::::::.::::::::::::::::::::.::....:::::.:.::::::::::::::::.:.: m.i:::::::::.:.:..::. :.:.�::. ::>:.;::;:.::;.iii;::.:;<.i.i'.i::;.;:: :::;.;:.i;.;:.ii:�:::;;:.:i::::.:.;:.i::.:::.;.;;:;:.::: at 7:00 p S akGpe Ci :, Meeting adjourned at 9:10 p.m. 's! 19 • I CITY OF SHAKOPEE C( ? Memorandum CONSEA TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorization of Engineering Personnel DATE: October 6, 1998 INTRODUCTION: Attached to this memo is a letter of resignation from John DeLacey, Engineering Technician IV, notifying the City that he would like to terminate his employment with the City of Shakopee on October 2, 1998 as he has accepted a position in Florida. With this resignation, staff would like to request authorization from Council to begin advertisement and hiring for an Engineering Technician IV. BACKGROUND: In the 1998 City Budget, Council approved an Engineering Technician IV position which was held by John DeLacey. The Engineering Technician position consists of CADD design of City projects, assessments, building permit review, inspection of public infrastructure, storm drainage utility administration and coordination between office and construction personnel. If Council does not desire to fill a full time position at this time, staff would ask that Council authorize the Engineering Department to utilize consultants to provide inspection and other services as needed until a decision is made. ALTERNATIVES: 1. Authorize staff to advertise and hire an Engineering Technician IV to fill the vacancy left by John DeLacey's resignation. 2. Do not authorize staff to advertise and hire an Engineering Technician IV at this time and utilize a consultant to provide engineering technician services. 3. Table for additional information. 4. Accept the resignation of John DeLacey. 5. Do not accept the resignation of John DeLacey. RECOMMENDATION: Staff recommends Alternative No. 1 and No. 4, as this position was budgeted in 1998 and the project work load justifies the filling of this position. ACTION REQUESTED: 1. Move to accept the resignation of employment from John DeLacey effective October 2, 1998. 2. Move to authorize the appropriate City staff to utilize Scott County in advertising and hiring an Engineering Technician IV. 3. Offer Resolution No. 5000, A Resolution of Appreciation to John DeLacey and move its adoption. 4-PD.3/ Bruce Loney Public Works Director BL/pmp HIRES Memo To: Bruce Loney,Director of Public Works 4./ Mark McNeill, City Administrator Mayor and City Council From: John H. DeLacey, Engineering Technician IV Date: September 21, 1998 Effective today with this memo I am giving my two weeks notice per the personnel policy for termination of my employment with the City of Shakopee. I have decided to move to Florida to pursue another chapter in my life. I would like to thank all of the people I have worked with, it truly has been a pleasure working for the City of Shakopee. Sincerely, 112 hn H. DeLacey RESOLUTION NO. 5000 A RESOLUTION OF APPRECIATION TO JOHN DELACEY John DeLacey entered employment with the City of Shakopee in WHEREAS, the Engineering Department on May 5, 1986; and DeLace served the City and its WHEREAS, for more than 12 years Mr. of situations, both routine and residents over and above the call of duty in a wide variety emergency; and of Shakopee WHEREAS, John DeLacey retired from this position with the City on October 2, 1998. THEREFORE BE IT RESOLVED by the City d Council of e and hereby NOW, y express its deep appreciation ShakopeehakeJohnt it eLace s efor his devotion to duty,his loyalty and his friendship. commends D Y BE IT FURTHER RESOLVED that City Council wishes John DeLacey the best in his future endeavor. of Shakopee, Adopted in regular session of the City Council of the City Minnesota,this 6th day of October, 1998. Jon Brekke,Mayor CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Acceptthe Advertisemene of Resignation- t ip Wulf and Authorizefor Public Works Worker DATE: October 6, 1998 INTRODUCTION: Council is asked to accept the resignation of Phillip Wu a,MaintenanceMaintenance WWoorker, , replacve e e October 9, 1998, and to authorize the advertisement for Mr. Wulf. BACKGROUND: Attached is a letter of resignation from Phillip Wulf indiscaemployment tiingohe tohe n June 15 l be resigning 98 from the Public Works Deker andm nt.leaving for ar. nother job. p as a Maintenance Staff is requesting authorization to advertise to hire a Maintenance Worker to fill the vacancy left by Mr. Wulf's resignation. 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: ets, 1. If the Council concurs, it should be by motion to ubl accept Works Department of therCity of Phillip Wulf as Maintenance Worker for th of Shakopee effective October 9, 1998. 2. Move to authorize the appropriate City staff to utilize Scott County in advertising and hiring a Maintenance Worker. A ' /I Bruce Loney Public Works Director September 29, 1998 To the City of Shakopee, I will be terminating my employment with the c l reasonsty of ShaI pan Oeect October con9, 1998.I have enjoyed working for the city, but due to finan y employment. I understand with new employment fintherea a �andneight stepfinancial hpaysplan are one must overcome to prove themselves. The starting salary hardships that make supporting a family much to difficult to overcome. I would hope in the negotiations to come the City would give thealt e issues and work outpusome ghcould be enhanced t. I feel if the pay plan were to be improved, employee morale, loy y and I would not have been forced to make this difficult decision. Sincerely, Phillip Wulf 1t3 #P CONSENT CITY OF SHAKOPEE L. _ Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Assessment Hearing for Eastway Avenue/Timothy Court Improvements, Project No. 1997-3 DATE: October 6, 1998 INTRODUCTION: Attached is Resolution No. 4995, declaring the cost to be assessed and ordering the preparation of proposed assessments for Eastway Avenue/Timothy Court Improvements, Project No. 1997-3. BACKGROUND: The City Council ordered the preparation of plans and specifications by Resolution No. 4716 on August 5, 1997, based upon 100% of the property owners petitioning the improvements. The improvements for this project includes streets, storm sewer, sanitary sewer,watermain and appurtenant work. On September 2, 1997, the City Council approved Resolution No. 4731, awarding the contract to Chard Tiling& Excavating, Inc. of Belle Plaine for$206,623.00. The improvements have been substantially completed and the projected total construction costs for the project to be $196,840.17. Costs associated with administration and engineering for the project are projected to be $61,788.23. Trunk water charges to be assessed are $88,816.26. The attached resolution shows how these costs are being paid and the total cost to be assessed. The cost to be assessed of$258,628.40 compares to the previous estimate of$283,281.62 for the project. The project has been completed. The final quantities have been agreed upon by the Contractor. This project was petitioned by the developers of Pinewood Estates and Shenandoah Place. ALTERNATIVES: 1. Adopt Resolution No. 4995. 2. Deny Resolution No. 4995. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4995, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Eastway Avenue and Timothy Court within the Plat of Pinewood Estates and Shenandoah Place, Project No. 1997-3 and move its adoption. r nice Loney Public Works irector BL/pmp MEM4995 RESOLUTION NO. 4995 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For Eastway Avenue And Timothy Court Within The Plat Of Pinewood Estates And Shenandoah Place Project No. 1997-3 WHEREAS, a contract has been let for the improvement of Eastway Avenue and timothy Court Improvements by installation of street construction, bituminous paving, curb and gutter, storm sewer, sanitary sewer, watermain and any other appurtenant work and the contract price for such improvements was $206,623.00, and the final contract price for such improvement is $196,840.17, and the expenses incurred or to be incurred in the making of such improvements amounts to $61,788.23, so that the total cost of the improvements will be $258,628.40. Of this cost the City of Shakopee will pay $ -0- as its share of the cost and the Shakopee Public Utilities Commission will pay$ -0- as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $258,628.40. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot,piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 4th day of November, 1998, in the Council Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted insession of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk . _ REVISED CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Assessment Hearing for Eastway Avenue/Timothy Court Improvements, Project No. 1997-3 DATE: October 6, 1998 INTRODUCTION: Attached is Resolution No. 4995, declaring the cost to be assessed and ordering the preparation of proposed assessments for Eastway Avenue/Timothy Court Improvements, Project No. 1997-3. BACKGROUND: The City Council ordered the preparation of plans and specifications by Resolution No. 4716 on August 5, 1997, based upon 100% of the property owners petitioning the improvements. The improvements for this project includes streets, storm sewer, sanitary sewer,watermain and appurtenant work. On September 2, 1997, the City Council approved Resolution No. 4731, awarding the contract to Chard Tiling &Excavating, Inc. of Belle Plaine for$206,623.00. The improvements have been substantially completed and the projected total construction costs for the project to be $196,840.17. Costs associated with administration and engineering for the project are projected to be $61,788.23. Trunk water charges to be assessed arc $88,816.26. The attached resolution shows how these costs are being paid and the total cost to be assessed. The cost to be assessed of$258,628.40 compares to the previous estimate of$283,281.62 for the project. The project has been completed. The final quantities have been agreed upon by the Contractor. This project was petitioned by the developers of Pinewood Estates and Shenandoah Place. ALTERNATIVES: 1. Adopt Resolution No. 4995. 2. Deny Resolution No. 4995. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4995, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Eastway Avenue and Timothy Court within the Plat of Pinewood Estates and Shenandoah Place, Project No. 1997-3 and move its adoption. truce Loney • Public Works Director BL/pmp MEM4995 RESOLUTION NO. 4995 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For Eastway Avenue And Timothy Court Within The Plat Of Pinewood Estates And Shenandoah Place Project No. 1997-3 WHEREAS, a contract has been let for the improvement of Eastway Avenue and timothy Court Improvements by installation of street construction, bituminous paving, curb and gutter, storm sewer, sanitary sewer, watermain and any other appurtenant work and the contract price for such improvements was $206,623.00, and the final contract price for such improvement is $196,840.17, and the expenses incurred or to be incurred in the making of such improvements amounts to $61,788.23, so that the total cost of the improvements will be $258,628.40. Of this cost the City of Shakopee will pay $ -0- as its share of the cost and the Shakopee Public Utilities Commission will pay$ -0- as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $258,628.40. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected,without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 4th day of November, 1998, in the Council Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 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 • is; 19. y . 4,0 CITY OF SHAKOPEE Memorandum CCJS WT TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for Vierling Drive, from Taylor Street to Presidential Lane; Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge First Addition; and Polk Street, from Vierling Drive to 13th Avenue, Project No. 1997-1 DATE: October 6, 1998 INTRODUCTION: Attached is Resolution No. 4996, declaring the cost to be assessed and ordering the preparation of proposed assessments for Vierling Drive, from Taylor Street to Presidential Lane; Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge First Addition; and Polk Street, from Vierling Drive to 13th Avenue, Project No. 1997-1. BACKGROUND: The City Council ordered the preparation of plans and specifications by Resolution No. 4611 on March 4, 1997 for the above project. The project improvements are on Vierling Drive, from Taylor Street to Presidential Lane; Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge First Addition; and Polk Street, from Vierling Drive to 13th Avenue by street construction, bituminous paving, curb & gutter, sidewalk and/or bituminous trail, storm sewer, storm water ponding, sanitary sewer, watermain and all other appurtenant work. On July 15, 1997, the City Council approved Resolution No. 4704, awarding the contract to Barbarossa& Sons, Inc. of Osseo,Minnesota for$695,670.32. The improvements have been substantially completed and the total construction costs for the project are $663,881.94. Costs associated with administration and engineering for the project totaled $121,981.94. The attached resolution shows how these costs are being paid and the total cost to be assessed. The amount declared to be assessed is $632,655.09 and the amount estimated to be assessed in the feasibility report for this project is $699,222.53. This project was initiated by the City based upon the developments of Arlington Ridge and Stone Meadows. The developers did sign petitions waiving the right for a hearing and appealing assessments. ALTERNATIVES: 1. Adopt Resolution No. 4996. 2. Deny Resolution No. 4996. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4996, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Vierling Drive, from Taylor Street to Presidential Lane; Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge First Addition; and Polk Street, from Vierling Drive to 13th Avenue, Project No. 1997-1 and move its adoption. &(j1`-' Bruce Loney Public Works D ector BL/pmp MEM4996 RESOLUTION NO. 4996 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For Vierling Drive, From Taylor Street To Presidential Lane; Taylor Street, From Vierling Drive To The North Plat Line Of Arlington Ridge First Addition; And Polk Street, From Vierling Drive To 13th Avenue Project No. 1994-10 WHEREAS, a contract has been let for the improvement of Vierling Drive, from Taylor Street to Presidential Lane; Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge First Addition; and Polk Street, from Vierling Drive to 13th Avenue street construction, bituminous paving, curb & gutter, sidewalk and/or bituminous trail, storm sewer storm water ponding, sanitary sewer, watermain and all other appurtenant work; and the contract price for such improvements was $695,670.32, and the final contract price for such improvement is $663,881.94 and the expenses incurred or to be incurred in the making of such improvements amounts to $121,981.94, so that the total cost of the improvements will be $785,863.88. Of this cost the City of Shakopee will pay $140,406.64 as its share of the cost and the Shakopee Public Utilities Commission will pay$12,802.15 as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $632,655.09. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected,without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 4th day of November, 1998,in the Council Chambers of City Hall at 7:15 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 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 Is-,1} . r CITY OF SHAKOPEE Memorandum P CONSENT TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Eastway Avenue/Timothy Court,Project No. 1997-3 DATE: October 6, 1998 INTRODUCTION: Council action is required for a resolution accepting work and making fmal payment on Eastway Avenue/Timothy Court,Project No. 1997-3. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount of$206,623.00 and the actual final costs of$196,840.17 for this project. ACTION REQUESTED: Offer Resolution No. 4999, A Resolution Accepting Work on Eastway Avenue and Timothy Court within the Plat of Pinewood Estates and Shenandoah Place, Project No. 1997-3 and move its adoption. :ruce Loney Public Works Director BL/pmp MEM4999 RESOLUTION NO. 4999 A Resolution Accepting Work On Eastway Avenue And Timothy Court Within The Plat Of Pinewood Estates And Shenandoah Place Project No. 1997-3 WHEREAS,pursuant to a written contract signed with the City of Shakopee on September 10, 1997, Chard Tiling & Excavating, Inc. has satisfactorily completed the Eastway Avenue and Timothy Court within the plat of Pinewood Estates and Shenandoah Place, in accordance with such contract; and WHEREAS, final payment is to be made to Chard Tiling & Excavating, Inc., Rt. 2, Box 200K,Belle Plaine,MN 56011 in the amount of$2,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. 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 CERTIFICATE OF COMPLETION CONTRACT NO. : 1997-3 DATE: September 30 , 1998 PROJECT DESCRIPTION : Eastway Avenue/Timothy Court CONTRACTOR: Chard Tiling & Excavating , Inc . Rt . 2 , Box 200K Belle Plaine , MN 56011 ORIGINAL CONTRACT AMOUNT $ 206 , 623 . 00 QUANTITY CHANGE AMOUNT $ ( 11 ,438 .83 ) CHANGE ORDER NO, 1 THRU NO. -- AMOUNT , . , $ 1 , 656 . 00 FINAL CONTRACT AMOUNT $ 196 ,840 . 17 LESS PREVIOUS PAYMENTS $ 194 ,840 . 17 FINAL PAYMENT $ 2 , 000 no I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council , I, therefore, recommend above specified final payment be made to the above named Contractor. Auot Professional Eineer As: CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Tree Reforestation Feasibility Report DATE: October 6, 1998 INTRODUCTION: The City Council directed staff to prepare a tree reforestation report on areas that were damaged by a May 30, 1998 storm. Attached is this report for Council consideration. BACKGROUND: The Public Works and Engineering Departments have compiled a damage tree list, prepared a drawing showing the locations and a cost estimate to replant trees in the damaged areas. The report recommends that "bare root" trees be planted in the spring of 1999 by the Public Works Department and as per the adopted tree planting policy of the City. A forestry consultant or landscape company consultant would be utilized as necessary to properly plant the trees. If Council concurs with the report, staff would ask authorization to order the bare root trees and payment of these trees would not be until 1999. The tree replacement cost is included in the proposed 1999 Budget under the Park Division in the amount of $20,000.00. ALTERNATIVES: 1. Approve a motion accepting the tree reforestation report and direct staff to proceed as stated in the report. 2. Table this item for more information. 3. Disapprove a motion accepting the tree reforestation report and provide staff with direction on revising the report. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: If Council concurs, it should be by motion accepting the Tree Reforestation Report and direct staff to proceed with ordering of the trees for the 1999 spring planting season. halt • Bruce Loney 0 Public Works Director BL/pmp REPORT FEASIBILITY REPORT FOR TREE REFORESTATION SHAKOPEE, MINNESOTA I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. 4Ate Date ale., i99/ ' egistration No. 17590. OCTOBER 1998 FEASIBILITY REPORT TREE REFORESTATION CITY OF SHAKOPEE INTRODUCTION On May 30, 1998, the City of Shakopee experienced straight line winds associated with thunderstorms that passed through the Twin Cities Metro Area. Extensive damage was caused to both private and public property. The City's Engineering Department and Public Works are currently working on a reforestation feasibility report to replace damaged and destroyed trees. SCOPE The purpose of this report is to inform City Council of the progress of the tree reforestation. It includes a brief history, compiled damage list, and estimated costs to replant trees removed after the May 30, 1998 storm. BACKGROUND Public Works, with the assistance of local contractors, conducted a storm clean-up effort. City crews provided a curbside pickup and disposal of storm damaged debris. A drop site was also designated, and residents with capabilities were allowed to dump tree debris at the site. All brush and tree debris collected were ground up into chips. The ground woodchips were trucked out to interested local businesses and residents. CURRENT STATUS Public Works has compiled a list of storm damaged/removed trees (See Attachment 1). A map of these locations is also included (See Attachment 2). Based upon quotes from Jewell Nurseries, an estimate of tree replacement costs has been completed and can be found with this report (See Attachment 3). A forestry consultant can now be contracted with to examine the storm damage and make recommendations to the Public Works Department and City Council. The City has tree planting guidelines for planting trees in the City right-of-way and these guidelines are included as Attachment No. 4. RECOMMENDATION City staff is proposing to replant trees in City boulevards and parks by planting "bare root" trees in the spring of 1999. This work will be done by Public Works personnel. The specific location and specific type of tree will be determined by using the City's tree planting guidelines and recommendations from landscaping companies and landscaping consultants as necessary. The Public Works Department Supervisor and Parks Lead Person are certified in tree planting and are capable in selecting the tree type and location and supervising the tree planting in the spring of 1999. Consultant assistance would be utilized as necessary to assist in planting recommendations. These recommendations can be obtained from landscape nurseries personnel or forestry consultants. The 1999 Budget included $20,000.00 for tree planting. This report is recommending expenditures in the amount of $13,000.00. If Council approves the report and orders staff to proceed, the next step is for City staff to order the bare root trees this fall for next spring. Staff would need Council authorization to purchase trees in 1998 for placement in 1999. CONCLUSION The City Council has expressed a desire to replant trees in the boulevards and parks that were damaged in the May 30, 1998 storm. The tree replanting can be done cost effectively by purchasing bare root trees, utilizing Public Works personnel and the tree planting guideline policy. This report concludes that the tree replanting of street boulevards and parks as shown on Attachment No. 2 is feasible, necessary and cost effective as stated in this report. _. W N) N - . . -- N --s '--S —' N N) N v v CO �l �I W W �I Cn N �I W O V "I v V v V CD CD 0) CD CD W -. N W O W W - W W -• N O -+ W O ... W Cn Cn 0) W CA O 0 v CnN_ vvU7A0) Cn �I0) CnCAON0° V D) — -PION co CnON � mv v o m m m ami m ami v * D * * * * * * * * nnv ci,� D a) vrn0 * * * 0Cn0ym0mcococummcn •.< .". rt rt O CA fn co y co y CA N `< ‘1.2) T. n O (n co co Cn O O O _ - - V Q v v V v v v v v * o CD a � Sa) a) O 7 O O = S = O' m- 0 M" 3S7" 7" s7- sCD CD O 7 O D = o o o °° Zo° DDDDDz DDDDDDDD � c- = s _ °o 0CD 0CD °^° Z. Z. 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" cn �� (D o. 0) (n Cal 2 �, cD (D CD fD C (n (1)(.11- n fn N cp �. - C N N — N fD CD rt Crt f (D cD < cD cpD N .� p CD CD CSD e w e CSD CD g N 0 cto (n cD cD F. 91 3 m m _ z 3 ,Q p N CD CD CD x >< X XXXXXXXXXXXXXXXXXXXXXX � � a 0 2 m ® j z z o� O s�. i 1 1-----, ...,•0 , 'y'l'' . _ , ...,„. i.-- _, . sT. = u . .--- i • ,- -* , f , 0-3 Cn ;;.. tri 0 0-3 k ,4. zu / t21 - r./) 4 n ‘,. = .„.., e 4 W ° ,. =.- tt sr—, *VD % v. Q 4 1 [J Uri" le AIWA' @ °I.m3 E *, AS 11 tt i\., �MC"' �mmP0►lsVD r \11711.7/ 3 t E:30.1%..,.iiittotelbni"1°11 6ikotiCi\li._ 0..., L- ID 1w�a►m a�mmm. : AOr 11 ir\ �j � 1 r.:.71.1il 0����m13.11 II; z4 mO ),f : — o Al • ---\01a33 " gir 4" 11 .1. 7 "''' !I=IIIIII (°") ') IL a _/ 2J--\ _ ' i' leg - iica0 ATTACHMENT NO. 3 Estimated Costs Tree Estimates from Jewell Nurseries of Minnesota,LLC Hackberry $41.05 Rubrum Maple $24.67 Patmore Ash $38.01 Kentucky Coffeetree $19.62 Cattalpa $12.36 Average Tree Cost: $27.14 Number of Trees to Replace: 200 Estimated Cost of Tree Replacement $ 5,500.00 Public Works Labor- $25.00 per tree $ 5,000.00 Landscaping Consultant Fees $ 2,500.00 (if necessary) TOTAL $13,000.00 10/15/81 • ATTACHMENT NO . 4 wgrim;;EVAVEMEIgNi 1 .. No tree to be planted, placed or allowed: to remain in a position which the City Engineer determines to be or may cause a traffic hazard:: 2 . No tree.to be planted within City r-o-w without permit to be issued by the City. 3 . Trees not recommendedfor planting: All Elms ' . Red and Pin Oaks : i Cottonwoods . . Box Elder 4 . Trees not to be_ planted :in present or future sidewalk r-o-w. 5. Trees should riot:be- planted-:-closer than: a. 15 feet from side yard property line. �► b. 30 feet from propertline.-ort corner lot. c. Trees should be planted at least 30 feet apart from each other-tr. 6. All cuts--larger _than two inches in diameter in a tree shall be covered-with�--an.-approved tree-wound dressing. 7. When a tr-eer - removed, the root stump shall be grubbed out, or otherwise removed. 8. Duties of Private Owners. The owners of land adjacent to a public highway:'shall be responsible for all trees between his property_lini and the center ofzthe street right-of-way and between- his:side:Tot lines extended. 9 . Property owner shall: -_Trim his trees or plants so as to avoid causing a hazard to public places, interfering with the_proper lighting of public highways or street signing, so that the minimum clearance over sidewalks shall be 9 feet, and over paved roadway 12 feet. 10. Caution should be exercised not to plant a tree directly on m1°) top of water shutoffs and sewer service lines. r'b `,Ari- o ie riie4 ow.,aks 2"--C q e cYAJ yo tiA P14 4^-1 ffrt • d cocoss perpens s , r a,)66- 4 A w .4ve'. y p4 . OCT-02-98 FRI 07 :27 AM / P. 01 Forestry and Soil Services 14226 Ash Circle N.E. Prior Lake, MN 55372 Phone: 612-445-8569 October 1, 1998 Bruce Loney Director of Public Works City of Shakopee 129 South Holmes Shakopee, MN 55379 RE: City of Shakopee Reforestation Dear Bruce, Per our recent conversations, I understand that the City of Shakopee will be replanting trees due to tree loss from the season's storms. As a professional forester, I would like to offer my services to assist with this project. Some of the consulting services I could provide include: • Tree selection and placement • Planting and staking • Maintenance to include pruning and watering The fee for my services is $50.00 per hour. If your department has knowledgeable people that can do some of the above activities,I could assist by reviewing the City's plan. Please contact me if you have additional questions. I look forward to hearing of your decision. Best regards, James K. Spieker CITY OF SHAKOPEE /S Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Fighter Hires DATE: September 30, 1998 INTRODUCTION: The Council is asked to authorize the advertising process to begin for the addition of two fire fighters to fill existing vacancies. BACKGROUND: The attached memo from Fire Chief Terry Link indicates that he would like to begin the hiring process to fill two vacancies which currently exist in Fire Department staffing. The most current hiring process is to have Scott County Personnel Services advertise and provide a list of eligible candidates. From that, interviews are held by the Fire Department using questions reviewed by City staff. Then the Fire Department does physical agility testing. Offers are then made, subject to physicals being performed, and City Council is requested to approve. RECOMMENDATION: I recommend that the Council authorize Scott County to begin the process of hiring two part-time fire fighters to fill existing vacancies. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize Scott County Personnel Services to begin the hiring process for two fire fighters to fill existing vacancies. ISS1/4-Q" Mark McNeill City Administrator MM:tw FTRE2.DOC MEMORANDUM To: Mark McNeill,Mayor, and City Council From: Terry Link,Fire Chief RE: Starting hiring procedure for firefighters Date: 9/24/98 The 1998 Fire Department Budget allows before we can recommendters. y our anybody roster has 42 firefighters. The process involves about 2 months of time anybody for hire. At this time I would ask that Council allow us to start the hiring process so we can be ready to hire about the first of December. Sincerely, Terry Link Fire Chief CITY OF SHAKOPEE I J • 8• L Memorandum TO: Mayor and City Council CONSENT FROM: Mark McNeill, City Administrator SUBJECT: Fire Department Air Bottle Replacement DATE: September 30, 1998 INTRODUCTION: The Council is asked to approve the purchase of seven SCBA air bottle replacements. BACKGROUND: The attached memorandum from Chief Terry Link indicates a need to replace the self-contained breathing air(SCBA)bottles as described. BUDGET IMPACT: The Fire Department equipment maintenance budget has approximately $8,200 remaining in it. The Chief has received two prices, and recommends going with that of Clarey's Safety, for a total price of$6,562.50. RECOMMENDATION: I recommend that the Fire Chief be authorized to purchase this equipment. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize the Fire Chief to accept the proposal of Clarey's Safety, for the purchase of six SCBA bottles as described in his memo of September 24th. 1)1/4161 JAP-Ah:li Mark McNeill City Administrator MM:tw Docunentl MEMORANDUM To : Mark McNeill,Mayor, City Council From: Terry Link,Fire Chief RE: SCBA Air Bottle Replacement Date: September 24, 1998 The self-contained breathing air(SCBA)bottles that the firefighters wear into fires have reached the end of their service life(10 years) and need to be replaced. We have 14 bottles that will no longer be of use to the fire service after 1999. I would like to replace 7 bottles this year and 7 in 1999. The monies would come from the Fire Department equipment maintenance budget which has$8,202.00 in it as of 8/31/98. I have enclosed two bids, one from Elvin Safety and one from Clarey's Safety. The bids are as follows: Elvin Safety- Scott 60 minute Carbon Cylinder, 4500 psi- $1,135.00 each Clarey's Safety- Scott 60 minute Carbon Cylinder, 4500 psi - $937.50 each The reason we are looking at this particular cylinder is that the ASME might extend the life of this cylinder to 30 years instead of the present 10 years. Recommendation: Purchase 7 Scott 60 minute Carbon Cylinder, 4500 psi bottles from Clarey's Safety for $937.50 each. Sincerely, /�_ GJ� // � erry Link 1 Fire Chief ELVIN SAFETY QUOTATION 7300 WASHINGTON AVE EDEN PRAIRIE,MN 55344 COMPANY: CITY OF SHAKOPEE CUSTOMER# 26123 CONTACT: J.R.THEIS FAX NUMBER: 612-403-3810 SHIP VIA: UPS FOB: SHIP POINT SHIP DATE:: AS NEEDED DATE: 8-18-98 w : r y: {f:: { I:{ : r }❖ !aiAN rYS1}{:}l :: sf � Nfiiv . r {}•:{:•::J: }- . r.::vc{:'.::.v�:...n...::: ::h::}11:. E :. • � :s :::ggv : •0�}::.: EKtil;}:S{fJ:}•�.A:d0� _ i: { gir c :3lN .li �.e��Kti:S�t{J1 �XfSfJ:KI:E:K;2;:;JK:EsiZEZ:J::=� Sr22:.::5 rT; :: Rl{..i,:}:v: : ?l{iSNNJvj �JlfN � :J}r 804723-01 SCOPCARBON CYLINDER—60 f $ 4500 { 804222-01 SCOLSI KEVLAR CYLINDER—60 MINUTE ; 7 EA 1107.00 • • :41 THANK YOU, 0 JUAN ST.MANE elvin 1-800-373-8642 X2777 SAFETY Y_INC. 1-800-373-1654(FRONT DESK) 7300 WASHINGTON AVENUE 1-800-373-5846(PLACE ORDERS) EDEN PRAIRIE.@W 55344 (612)829-2950 FAX(612)829-2992 THIS QUOTATION IS FOR QUANTITIES AS INDICATED AND PRICES ARE SUBJECT TO CHANGE AFTER 30 DAYS.TERMS ARE NET 30 DAYS,F.O.B.SHIPPING POINT. THE GOODS THAT WE SELL HAVE BEEN MANUFACTURED BY OTHERS AND MAY BE PWARRANTED FOR LIMITED PERIODS OF TIME BY THE MANUFACTUER RODUCTS ARE IN COMPLIANCE WITH THE STANDARDSFOR BY THE OSHA REGULATION WHERE APPLICABLAINST DEFECTS IN MATERIAL OR E IP. ALL WHERE USED FOR THE PURPOSE INTENDED. Aug-18-98 04:47P Clarey's Safety Egmt 15072895213 P.01 --t�: Clareq's '' Safety Equipment, Inc. -- ----- - .... :„,,t,....,4, :°y...:sbh 1216 7th Street N.W. • Rochester, MN 55901 Shakopee Fire Department August 18th. , 1998 c/o J.R. Theis Shakopee, Minnesota 55379 Dear J.R. Theis; Thank you very much for giving us the chance to quote the Shakopee fire department on the following quality Scott products! (1-9)- New Scott #804222-01 (60-minute Kevlar cylinder and valve) retail price $1222.00; now specially priced on sale each @ $916.50: (10-14)- New Scott #804222-01 (60-minute Kevlar cylinder and valve) , retail price $1222.00; now specially priced on sale each @ $885.95 or * (1-9)- New Scott #804723-01 (60-minute Carbon cylinder and valve) , retail price $1250.00; now specially priced on sale each @ $937.50: (10-25)- New Scott #804723-01 (60-minute Carbon cylinder and valve) , retail price $1250.00; now specially priced on sale each $906.25: Again as always, Clarey's Safety Equipment, Inc. thanks you for the chance to bid on the above Scott products. If I may personally be of any further help or assistance to your department, please give me a call toll-free at your earliest convenience. My Rochester, Minnesota number is #1-(800)-558- 8009: Sincerel ; X;.4- 1...":2). &://a7 • Kim D. .Claz tom/ Presi•e 0 Note: We - . .gest you give consideration to the Carbon Scott cy • .ers, as they may well extend the life of this cylin• to "30" years! - SAFETY IS OUR BUSINESS /5.'4 „S SHAKOPEE FIRE DEPARTMENT Memorandum TO: Mayor Breke, City Council Members, City Administrator CO ENT FROM: Marvin Athmann, Assistant Fire Chief SUBJECT: Station#2 Training Room Furniture DATE: September 25, 1998 INTRODUCTION: With the addition of the second fire station,training room furniture will need to be purchased. BACKGROUND: The Fire Station Building Committee included training room furniture for the second station in the construction budget. The committee has reviewed and received pricing on furniture for the training room. The price received is based on the Hennepin County purchasing contract. The price for the tables and chairs is $33,844.36 from Pink business Systems. RECOMMENDATION: The members of the building committee recommend purchasing the specified furniture as listed above. Sep. 15. 1998 5:01PM PINK BUSINESS INTERIOR • No, 4706 P. 2/3 . ~ Pra osaL .riNK , Pink Business Interiors, Inc, 5625 Excelsior Boulevard Minneapolis MN 55416 612-915-3100 Fax 612-915-3121 61-• Thank you for requesting the following proposal from Pink Business interiors. . • • Uunt"es Interco s Prepared for, ' Install site: • City of Shakopee , • City of Shakopee • Fire Department . 334 W.2ad Street • • 129 S. Holmes Street Shakopee, MN 55379 Shakopee, MN 55379 Account 23759b Valid To 3.0 days protect 71-0029 proposer 22820 Line Qty Item Description • . • Un* • Extended 1 45 PTT1860 .Bretford 18" x 60" training 370.0016,650.00 table folding table w/modesty panel . Laminate: #31 Fusion Maple, Base: Black. Pumice BP, ' Edge: 3mm PVC Raven • . 2 114 M600-2110 4-LEG STACKER,ARMS,POLY OUTER 116.0013,224 .00 (_) STANDARD VERSION , ,3H- ESOTERIA GRADE A/1 012 MISTRAL ,TR- TRIM/FINISH • OOF BLACK 3 3 1300 SERIES Falcon table top 48" diameter 135 .00 405 .00 w/1300 series vinyl edge. • Laminate: Natural Maple, - • . Edge: ? • . 4 3 2403-36 Falcon table base 2400 series 130 .00 390.00 2" tubular base for 48" top Color: Matte Black? Freight charges for Falcon , table tops and bases . Freight charges for Bretford . . tables - 45 ' • • , 1 . 09/15/98 PAGE 1 imim.m..... ' , . . . • ' . • . . . . r. Sep. 15, 1998 5:01PM PINK BUSINESS INTERIOR . No, 4706 P. 3/3 1w . Labor to receive, deliver and place 45 tables, 114 stack chairs and falcon tables. Regular working hours. • • • • • • • • • • • • • • • • • ' —Terms are Net 10 Day: . "ropdeal is. subject to ,credit approval . . Customer reap. Bible , ' pay Sales/Use Tax .due to states other than MN. 0 SUBTOTAL • 30,669.00 Prepared By 1 • Krie Grimes FREIGHT • 541.87 DEL/INSTALL. : 640.00 • Accepted By/Date SALES' SAX. . .': - 1, 9.93 .49 Proposal is subject to attached Terms& Conditions P.O. Number _ _ TOTAL. . . . ... ..: 33, 844 .36 09/15/98 PAGE 2 OF 2 y, SHAKOPEE FIRE DEPARTMENT CONSENT Memorandum TO: Mayor Breke,City Council Members, City Administrator FROM: Marvin Athmann,Assit.Fire Chief SUBJECT: Self Contained Breathing Apparatus(SCBA)Air Compressor And Filling Station For Fire Station#2 DATE: September 30, 1998 INTRODUCTION: The second fire station construction budget did not include a line item for a SCBA Air compressor and filling system. BACKGROUND: The SCBA Air Compressor and filling station is used to fill the air tanks of the Self Contained Breathing Apparatus packs that Fire Fighters wear when they enter burning buildings to fight fires.This compressor is a special compressor that filters and then compresses air to 6,000 psi..The air is then stored in storage tanks and is used in a specialized filling station to fill SCBA tanks. When the Fire Station Building Committee began designing the new station in 1995,the need for a SCBA compressor was to have been met with the present Air One truck and a new air cascade/rescue truck in 1998.The Fire Station Building Committee,did all though,recognized the need for a SCBA compressor in the future and designed the facility to accommodate a SCBA compressor,storage and filling station area. With the planned retirement of the Air One truck and a shift in strategies of not purchasing a new rescue truck with a air cascade system the need for a SCBA compressor and filling system became apparent. The Estimated cost for this SCBA filling system is$40,000. The sources for funding of this purchase could come from the General Equipment Budget or the Fire Station's Construction Budget Contingency fund.The Balance in the contingency fund is presently at $57,326.The station Building Committee is not aware of,or anticipates,any other expenses to be drawn from this fund. RECOMMENDATIONS: The members of the fire station building committee requests permission to proceed with purchase of a SCBA compressor and filling system through the bidding process with the fund for the purchase to be drawn from the Fire Station's Construction Budget Contingency fund. ...__... r\KU1IIEUUIa.INIEIUUI(UESi.NENUNEEKING L7�,.U....LJ..� U d _._ liUElf-l.fZA\LL 222 North 2nd Street Minneapolis MN 55401 Fax 612339.6212•612.3393752 ? DATE f. ,31 . / JOB NO. �^ 6 t•O ATTENTION A A I //� ` x-12-v r4,..3TO / S 1- -'c._o PG t, RE: ffir-: . 5.PM-14-0 553 7-9 135 / WE ARE SENDING YOU 1t Attached 0 Under separate cover via the following items: ❑ Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications ❑ Copy of letter 0 Change order 0 COPIES DATE NO. DESCRIPTION ! f•31 Po5r- cd.•)y„Zae-r,) ,56,,56-r THESE ARE TRANSMITTED as checked below: ❑ For approval 0 Approved as submitted 0 Resubmit copies for approval ❑ For your use 0 Approved as noted 0 Submit copies for distribution ❑ As requested 0 Returned for corrections 0 Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: If enclosures are not as noted,kindly notify us at once. SHAKOPEE FIRE STATION L:\PROJ\SF5\B\CA-COST1 POST• alp C.ONSx i.cr9i.).AvD 0,qr COMM: Io87.0$ BOARMAN KROOS PFISSTER VOGEL ASSOC. Updated August 31,1998' New Main Station 24800 sf PROPERTY COST IMPACTS Land Acquisition 14.5 Acres $380,000 Permit Fees Permit $0 C.O.Charge C.O. $0 A.D. $0 Plan Check $0 Survey check $0 Water Availability Charge $3,928 MCES Sewer Charge $7,600 City Sewer Charge $0 Trunk Water charge $2,994 Vierling Water main charge • $2,280 Underground Electric Cost $4,440 Water main Construction Inspection Cost $1,402 State Surcharge $1,035 Survey Allowance $3,500 Soils Testing $2,365 Subtotal $409,544 BASE BID General Building &Site Construction Costs $1,634,000 Mechanical Costs $437,000 Electrical Costs $284,000 Total $2,355,000 Alternate Items Alt#1 Basement expansion ($14,000) not accepted Alt#2 Lighting Revisions ($15,600) not accepted Alt#3 Epoxy Flooring $24,900 Alt#4 Sanitary Sewer Extension $47,800 Alt#5 2 Ton electric hoist $1,725 Alt#6 Light Guard Roof system no bid $0 Alt#7 Window Blinds $3,600 Alt#8 Landscaping $8,800 Alt#9 Water Main Size $4,500 Alt#10 Bell Stand $3,800 Alt#11 Fire pole&gate $5,200 Subtotal $2,455,325 Change Order#1 $13,084 Change Order#2 $27,000 Change Order#3 $4.869 Change Order #4 pending ,$22.2 FIRE STATION Page 1 SHAKOPEE FIRE STATION L:IPROJ\SF5181CA-COST1 -POSTf111 +I ONSINU ON f/PPRrC01yM X087.45 . BOARM�tN KROOS.PF15TER VOGEL ASSOC. Updated August 31,1998 New Main Station 24800 sf Total $2,522,541 OTHER PROJECT EXPENSES Professional Fees $184,247 Furniture&Equipment Allowance $94,000 Equipment Allowance $32,319 Telephone System $11,090 Computer System $11,200 Audio-Visual systems $18,508 Reimbursables,printing,travel etc. $14,000 Special Testing costs • $9,500 Financing Costs $70,951 $445,815 Reimburse Sanitary Costs 9/14ths(City) ($30,728) Reimburse Water Main Increase (S.P.U.C.) ($4,500) Subtotal $410,587 Subtotal Construction Costs $3,342,672 Contingency 1.69% $57,328 TOTAL BUDGET ;,: :.. < •.. .:$1 .400,000 FIRE STATION Page 2 �s c. 1 . CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark J. McQuillan, Parks and Recreation Director Subject: Outdoor Recreation Grant Agreement Date: September 30, 1998 INTRODUCTION Staff is requesting the City Council's approval of the Minnesota Outdoor Recreation Grant Agreement. BACKGROUND In July of this year,the City of Shakopee was notified it was a recipient of a$50,000 grant for the acquisition of 10.26 acres of land adjacent to Tahpah Park. As with most State grants,the money is reimbursed to the City after the project is completed. The City is acquiring the land(surplus property from the Highway 169 project) from the Minnesota Department of Transportation. The appraised value of the land is $215,000. The actual purchase price is $120,000 less $396 state deed tax=$119,604.00. (See Attachment A.) A stipulation of the grant application is the City not acquire the land until it has signed the attached Agreement with the State of Minnesota. (See Attachment B.) Staff is also seeking Council's authorization to begin administrative proceedings with the Minnesota Department of Transportation to acquire the 10.26 acres. ALTERNATIVES 1. Sign the Agreement and instruct staff to begin administrative proceedings to acquire the 10.26 acres property from MN/DOT. 2. Do not sign the Agreement and turn down the grant. 3. Table for further information from staff. RECOMMENDATION At its September 29, 1998 meeting,the Parks and Recreation Advisory Board recommended Alternative #1. ACTION REQUESTED Move to approve the State of Minnesota Department of Natural Resources Outdoor Recreation Grant OR99-019 Agreement and authorize the appropriate City officials to begin administrative proceedings to acquire the 10.26 acres of land adjacent to Tahpah Park. CV4/6. ga Mark cQuillan Parks and Recreation Director STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES OUTDOOR RECREATION PROGRAM GRANT OR99-019 This Agreement is made on July 20, 1998, between the State of Minnesota, acting through the Department of Natural Resources (hereinafter the Grantor), and the City of Shakopee (hereinafter the Grantee). The Grantor has been allocated funds by the State of Minnesota under the Local Grants Program. The Grantee has made application to the Grantor for a portion of the allocation for the purpose of conducting the project entitled Tahpah Park in the manner described in the Grantee's "APPLICATION" which is incorporated into this Agreement by reference. The Grantor has approved the following project scope from the project activities set forth in the Grantee's "APPLICATION:" Acquisition of—10.26 acre addition to city park for ballfield and parking. The total project cost is $120,000.00. In consideration of mutual promises set forth below,the parties agree as follows: The Grantor shall grant to the Grantee up to the total sum of Fifty thousand ($50,000.00) that are state funds appropriated to the Local Grants Program. The amount of this Grant will be matched by the Grantee with an equal amount of non-state funds. The Grantee shall perform the activities outlined in the approved project scope during the period from July 20, 1998 through December 31,2000 in accordance with the provisions of this Agreement and other guidelines provided by the Grantor and all applicable State and Federal rules and laws. The Grantee agrees to complete the project in accordance with the approved budget(Attachment A), incorporated into this Agreement by reference, to the extent practicable and within the project period specified in the Agreement. Any material change in the scope of the project, budget or completion date shall require prior written approval by the Grantor. Funds made available pursuant to this Agreement shall be used only for expenses incurred in performing and accomplishing the purposes and activities specified herein. Notwithstanding all other provisions of this Agreement, it is understood that any reduction or termination of funds allocated to the Grantor may result in a like reduction to the Grantee. 1 Where provisions of the Grantee's "APPLICATION" are inconsistent with other provisions of the Agreement, the other provisions of this Agreement shall take precedence over the provisions of the "APPLICATION." GENERAL CONDITIONS Accounting Requirements For all expenditures made pursuant to this Agreement,the Grantee shall keep financial records, including properly executed payrolls,time records, equipment logs, invoices, contracts, receipts, vouchers, canceled checks, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditure. Accounting methods shall be in accordance with the Local Grants Program Financial Management Manual provided by the Grantor. Reporting Requirements The Grantee shall submit status reports to the Grantor by the first of June and December of each year and a final report at the end of the Grant period prior to receiving final reimbursement. Payment/Disbursement Schedule The Grantor shall disburse funds to the Grantee pursuant to this Agreement on a reimbursement basis, based upon a payment request and required expenditure documentation submitted by the Grantee and reviewed and approved by the Grantor. The Grantee shall be limited to no more than four payment requests during the period covered by this Agreement. The Grantee shall submit a final billing within 30 days of the end of the project period. Retention of Records/Audits Grantee financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained for a period of six years, commencing on the date of the closure letter from the Grantor. All such records shall be retained beyond the six year period if audit findings have not been resolved. The Grantor, Legislative Auditor, and their duly authorized representatives shall have access to any books, documents,papers, and records of the Grantee and its subgrantees which are pertinent to this grant for the purpose of making audit, examination, excerpts, and transcripts. Notice for Contracts and Subcontracts The Grantee shall include in any contract or subcontract, in addition to the provisions to define a sound and complete agreement, such provisions as to assure contractor and subcontractor compliance with applicable state and federal laws. 2 Funding Acknowledgment Upon project completion, the Grantee shall post a permanent funding acknowledgment sign at the entrance to the project site, or at an alternative conspicuous location on the site. Termination If the Grantor finds that there has been a failure on the part of the Grantee to comply with the provisions of this Agreement; that reasonable progress has not been made by the first 6 month reporting period, or that the purposes for which the funds were granted have not been or will not be fulfilled; the Grantor may take action to protect the interests of the State of Minnesota including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. Conversion of Use The Grantee shall not at any time convert any property acquired or developed pursuant to this Agreement to uses other than the public outdoor recreation uses specified in this Agreement without the prior written approval of the Grantor. The Agency shall have the following condition recorded with the deed and submit a copy to the State. In order to comply with the Department of Natural Resources Outdoor Recreation Project Agreement, the City of Shakopee does hereby impose the following restrictions on the property: 1. The property shall be managed and maintained for outdoor recreation purposes consistent with the approved grant application. 2. The property may not be used for any other purpose without the express prior written approval of the Commissioner of the Minnesota Department of Natural Resources. Facility Operation and Maintenance The Grantee shall operate and maintain, or cause to be maintained, the property or facilities acquired and/or developed pursuant to this Agreement. Sanitation and sanitary facilities shall be maintained in accordance with the applicable public health standards. Properties and facilities shall be kept reasonably safe for public use. All state and federal accessibility laws, regulations and standards shall be adhered to. Fire prevention, lifeguards and similar safeguards and use supervision shall be provided to the extent feasible. Buildings, roads, trails and other structures and improvements shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration and to encourage recreational use of the project and associated facilities. Failure to adequately maintain and properly operate the facility assisted through this grant may result in the withholding by the Grantor of any current or future payments to the 3 Grantee related to this or any other Local Grants project and may result in ineligibility of the Grantee to receive any future Local Grants Program Grant. The Grantee shall keep the facility open to the general public at reasonable hours and at times of the year consistent with the purpose and type of facility. Inspections The Grantor's authorized representatives shall be allowed at any time to conduct periodic site visits and inspections to ensure work progress in accordance with this Agreement, including a final inspection upon project completion. Following closure of the project, the Grantor's authorized representatives shall be allowed to conduct post-completion inspections of the site to ensure that the site is being properly operated and maintained and that no conversion of use has occurred. Nondiscrimination The Grantee in the conduct of the project shall not engage in discriminatory employment practices and shall in all respects comply with Minnesota Statutes, Chapters 363.03 and 181.60 and all applicable rules and subsequent amendments. Workers Compensation The grantee in the conduct of the project shall comply with the provisions for workers compensation in Minnesota Statutes, Chapter 176.181 subdivision 1 and 176.182. Americans with Disability Act Compliance In fulfilling the duties and responsibilities of the Grant the Agency shall comply with P. L. 101- 336, Americans with Disabilities Act of 1990, 42 U.S.C. Section 12101-12213 and 47 U.S.C. 225, 611. 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 other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736 (1994) and any subsequent amendments thereto and other applicable law. 4 Amendments Any amendments to this Agreement shall require prior written approval by the Grantor. Any such amendments shall be in writing and shall be executed by either the same persons who executed the original Agreement, their successors in office, or by those persons authorized by the Grantee through a formal resolution of its governing body. Successors and Assignees This Agreement shall be binding upon any successors and assignees of the parties. The Grantor and Grantee acknowledge their assent to this Agreement and agree to be bound by its terms through their signatures entered below. This Agreement is effective when fully executed by the authorized designees. CITY OF SHAKOPEE: STATE OF MINNESOTA by and I have read and agree to through the Department of all of the above provisions of Natural Resources this agreement. By By Title Title Date Date By Title Date 5 Attachment A Project Budget Recipient: City of Shakopee Grant: OR99-019 Tahpah Park Grant Amount: $50,000 Project Components Estimated Total Cost Acquire 10.26 acre addition to park: $215,000 [MN/DOT donation $96,396 + Local match $69,604 +grant $50,000=$215,000] • Total Cost 215,000 Project Description: Acq. 10.26 acres addition to city park for ballfields and parking. September 14, 1998 /SC . CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Youth Enrichment Grant Date: September 3, 1998 INTRODUCTION Council is asked to give direction to staff as to whether to apply for a Youth Enrichment grant to help fund an addition onto the Community Youth Center(CYC) building in Lions Park. BACKGROUND Under Minnesota Laws, Chapter 404, Section 5, $5 million was appropriated to local units of government to design, equip, replace or construct park and recreation and school facilities to provide youth, with preference for youth in grades four through eight, with regular enrichment activities during nonschool hours, including after school, evening, weekends and school vacation period, and that will provide equal access and programming for all children. One million dollars of the $5 million is for enrichment grants in metropolitan statistical areas outside the cities of Minneapolis and St. Paul. Priorities will be given to communities with high concentrations of children eligible for free lunch and to government demonstrating a commitment to collaborative youth efforts. Eighteen counties are within the category including Scott. • Application deadline is October 31, 1998. Notification of awards will be made in January 1999. • Each grant must be matched by $1 from local sources for each $2 of State money. • In-kind contributions of facilities may be used for local match. The value of in-kind contributions must be determined by the Commissioner of Finance. • The funding cycle is within three years. Therefore, construction of the project could commence in year 2000. POTENTIAL PROJECT If the City desired to expand the existing Community Youth Center in Lions Park, the expansion project would qualify for such funding, assuming if the project was selected for funding. There could be as many as a 20-50 construction projects competing for the same funds. The Community Youth Center was constructed in 1989 and donated to the City for youth activities. The facility is used by the Boys Scouts, Girls Scouts, School Programs, Parks and Recreation Programs, youth athletic meetings and Shakopee Youth Boxing Club. The facility is used year round and reserved the minimum of four days a week. There is an upstairs Hall has a partial kitchen, two restrooms and seat 100 people. The basement has two restrooms and a large area used by the boxing organization. An addition would include 3-4 small meeting rooms to handle groups of 1-12 people. Thus, we can accommodate more youth groups at one time, including city youth programs. Staff met with Dave Limier, a registered Architect, to gamer a"ball park" estimate for expansion to the existing log cabin in Lions Park. Mr. Linner estimates the costs for an addition with 3-4 small meeting rooms to be about $200,000. Therefore, the State would contribute $125,000 (reimbursement) and the City$75,000. Mr. Linner's fee to prepare a predesign plan for the grant application will be about$1000. FUNDING Staff has had little time to explore matching fund options. We could push some projects back in the CIP, seek donations or both. Mr. Ed Dressen, who was involved with raising funds for the CYC in 1989, has expressed an interest in helping raise funds for the addition. STAFF DIRECTION Staff is seeking direction from the City Council to either apply for the grant or not apply for the grant? If the answer is yes, we will need Council's authorization to hire an architect to work with staff on the predesign program for the project as required in the grant application. )111 411. Mark '1. Parks and Recreation Director FROM : DAVID LINNER ARCHITECTS PHONE NO. : Sep. 04 1998 09:23AM P1 •;r :—. - David Linner Architects [ -- " 1o1ou Morgan 4venue 5. • . :L J\/� 0 t3loornington,MN SS4zo - L ` l -- NriONE•(bs)88i-6455 date7/7/7 project number FAX:. (/(kW881-o8bo TOI9.1____LEe L tT'ft RE: { 't0/\S Rave.J Cab 13 of 1 0 ti 0 to FAA t t Govt • • REMARKS: • . 610ES Q► PIZ.Li r-Ic!v�a`'' S e o't. `eou- 0$e IN.1 P2,V71 '&, AN r 1t t r+ A-1.- . G esr 6 ST/r7 _ -e As* $LPG? w tc.L- Grp s .(4,t wl,4 • M60 F-02... t ] /412. F U/L MArC.0 t-OGS+-t1 C? t til r?-f-n "X l sr(N4 f Sf 17' !_f\i C..c_VO AN Q-PnoN forte 1I tG Co..10ii- 1,\rc. • C 'tee art- .Agk IP you Vii" a vvs/70\6 • pri.4*rkr .. you) . 2 COPY TO: t•'(AIZ «ri e Qv 14•L.Ate? w( eN G L. 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PAir reo C,-ie ea sruo wiau_5 4 I31 -rot-AL 5f 3, 3°li° soup Gore,E 1.4000 11-4-retioe. rs i1/s roEe.lrs 4. rid PirJe. ceiL11.I4 , exr o 2ooF tai PLJ LINS S. R-esiQErvriA , 4!cape', ‘/IN'-rL GLAD GEMENT t f'IGTuee u1Nvo CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Arena Concession Stand Agreement. Date: September 30, 1998 INTRODUCTION The Concession Stand Agreement with the Shakopee Hockey Association(SHA)to operate the concession stand in the ice arena expires December 31, 1998. The City Council is being asked to either renew the Agreement with the Shakopee Hockey Association or choose another option. BACKGROUND In 1995, arrangements were made between the City of Shakopee and the Shakopee Hockey Association to have the local hockey association manage and operate the concession stand in the ice arena. The City receives 15% of the gross revenues less sales tax. The Shakopee Hockey Association would like to continue operating the concession stand with its volunteers. Staff is satisfied with the service the hockey association is providing and sees no reason for not renewing this agreement. ALTERNATIVES 1. Renew the Concession Stand Agreement with the Shakopee Hockey Association. 2. Have the Parks and Recreation Department operate the concession stand. 3. Open it up for other organizations, private or public, to "bid" for the rights to operate the concession stand in the ice arena. 4. Table for further information. PROS& CONS OF EACH OPTION Alternative Number#1 PROS: The Shakopee Hockey Association has done a good job staffing the concession stand for most hockey and non-hockey events including practices, games, open skating etc. They also have a large pool of volunteers to draw from to operate the stand. SHA rents more ice time from the City than any other organization. The money they earn from the concession stand operation is re-invested back into the local youth hockey program and to rent ice time. Some of the funds are also being used to make improvements to the outdoor hockey rinks in Lions Park. CONS: Using the same organization each year can sometimes result in complacency. Service could suffer which reflect upon the City. The change in leadership every two years could affect the continuity of the operation. Alternative Number#2 PROS: The Parks and Recreation Department would have full control of the operations including operating hours, staffing, selection of goods to be sold and potential for profit. CONS: In recent times, the Parks and Recreation Department has had difficulty finding qualified part-time employees to work other recreation positions. These types of positions would just as difficult, if not more difficult, to fill. The potential for higher earnings is no cinch because of higher overhead using paid staff versus volunteers. Alternative#3 PROS: Allowing other organizations to "bid" for the right to operate the concession stand would increase the City's potential to strike a better deal and possibly earn more revenue. CONS: Are there other local non-profit organizations capable of operating the concession stand for 8 months of the year? Are they equipped to staff the concession stand as adequately or as often as the SHA? There is a risk in bringing in another organization who may or may not be as reliable as the local hockey association. Would another organization be ready to take over the reigns in January.? RECOMMENDATION The Parks and Recreation Advisory Board recommends renewing the Concession Stand Operating Agreement with the Shakopee Hockey Association. ACTION REQUESTED Move to renew the Concession Stand Agreement with the Shakopee Hockey Association for 1999. 9V64t). Mark J. McQuillan Parks and Recreation Director SHAKOPEE AMATEUR HOCKEY ASSOCIATION CONCESSION AGREEMENT This agreement,made and entered into this day of , 1998, by and between the City of Shakopee, a Minnesota municipal corporation, located at 129 Holmes Street, Shakopee, in the County of Scott, State of Minnesota(hereinafter referred to as "the City") and Shakopee Hockey Association, a nonprofit corporation in the County of Scott, State of Minnesota(hereinafter referred to as"SHA"). WITNESSETH: Whereas the City of Shakopee is desirous of providing efficient concession services to Shakopee Civic Center patrons, and; Whereas SHA wishes to provide concession services at the Shakopee Civic Center in order to raise funds for the ongoing support of youth hockey in the community; and Whereas SHA uses concessions earnings to rent ice time at the Shakopee Civic Center, which is a benefit to the City; Now, Therefore, in consideration of the promises,terms and conditions stated herein,the parties agree as follows: I. DUTIES AND RIGHTS OF SHA A. SHA agrees to provide full and complete services for the sales of food concessions at the Shakopee Civic Center Arena concession stand between the hours of 6:00 pm and 10:00 pm Monday through Friday and 8:00 am to 10:00 pm Saturday and Sunday excluding holidays. The City may request SHA to provide these services at additional times and SHA shall meet these requests, if given two weeks notice. B. SHA agrees to pay the City an amount equal to Fifteen Percent(15%) of the gross receipts (less sales tax) from concessions at the Shakopee Civic Center Arena and for the use of Arena concession stand facilities and equipment. Payments shall be made monthly, on or before the fifteenth(15th) day of the month. C. SHA agrees to purchase and maintain all food goods, materials and supplies necessary for the Ice Arena concession stand. SHA may sell souvenirs and other hard goods not sold by the Ice Arena, as approved by the City in writing. SHA souvenirs and other hard good sales shall not be subject to the commission specified in I.B., above. D. SHA agrees to provide all manager(s), supervisor(s) and attendant(s) and other personnel for its Ice Arena concession operations. SHA also agrees and understands that nothing contained herein creates or establishes the relationship of copartners between itself and the City and that it is an independent contractor and its officers, managers, supervisors, volunteers, attendants and other employees are not employees, agents or representatives of the City with respect to any services performed under this agreement. Such personnel or other personal associated with SHA shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Worker's Compensation, Unemployment Compensation, disability or severance pay and PERA. E. SHA agrees to maintain an internal control system which includes Cash Demand System and a Cash Report, on forms approved by the City. Such reports shall be submitted along with each monthly remittance of the City's share of the gross receipts. In accordance with Minnesota Statutes 16B.06, Subdivision 4, SHA further agrees to allow the City or the State Auditor or their agents to review, upon request, all records associated with the performance of the agreement, including invoices for concession goods and supplies, all canceled checks for payment of such invoices, all inventory records, and to be present at the taking of inventories, and to verify inventory shrinkage records. Gross receipts shall be agreed upon by the City Finance Director. SHA will maintain a separate checking account for concessions operations. F. On or before April 1, of each year, SHA shall provide the City with a copy of the year-end Ice Arena Concession financial report prepared by SHA for its Board of Directors. G. SHA shall conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the City and all of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of SHA, its agents, officers, employees, volunteers,patrons, or any persons associated with or served by SHA concessions operations. H. In addition to any indemnification required herein, during the term of this Agreement, SHA shall in addition purchase and maintain liability insurance in the following amounts: $300,000 per individuals, $600,000 per occurrence and $50,000 property damage. All policies shall provide and the certificates issued evidence,that the City will be notified at least 30 days prior to cancellation or modifications of coverage. Renewal certificates shall be provided to the City 30 days prior to the expiration date of coverage. All insurance must be provided at SHA expense and at no costs to the City. SHA or the City may terminate this agreement upon thirty (30) days written notice to the other party. In the event of such termination by either party, SHA agrees to pay the City the full remittance owed as of the date of termination. J. SHA agrees to comply with Minnesota Statutes 181.59 and other related state ad federal laws prohibiting discrimination in performance of this agreement on the basis of race, color, creed,religion,national origin, sex,marital status, disability and status with regard to public assistance, age or familial status. SHA agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. K. SHA agrees to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services,programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services,programs, and activities. The City has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. SHA agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. L. SHA shall maintain Workers' Compensation Insurance for its employees that qualify and agents in accordance with Minnesota Statutes Section 176.181, Subd 2 (1993), and shall require its subcontractors to provide workers' compensation insurance to its employees and agents under Minnesota Statute 176.181, Subd 2 or SHA shall provide workers' compensation insurance for subcontractors. In either event, SHA shall furnish copies of Certificates of Insurance to the City. II. DUTIES AND RIGHTS OF THE CITY A. The City Agrees to provide, maintain and repair facilities and equipment as necessary for the sale of concessions for use by SHA. The City further agrees to provide storage for SHA inventories, subject to the limitations of available space at the Ice Arena. B. The City may immediately terminate this agreement in the event that SHA fails to provide concession services in accordance with Shakopee Ice Arena schedule of events or otherwise fails to perform its duties under this agreement. C. The City may terminate this agreement upon thirty (30)days written notice to SHA for any reason other than stated in II.B. D. The City will pay SHA the original cost of any spoiled frozen or refrigerated foods where such spoilage is exclusively due to the failure of City owned refrigerator(s) or freezer(s),upon receipt of thorough documentation of the loss by SHA. III. JOINT DUTIES AND RIGHTS A. SHA and the City agree to share equally the cost of any losses resulting from spoilage of frozen or refrigerated foods due to a power outage. SHA shall thoroughly document such losses. B. SHA and the City agree that the types, serving sizes,prices and packaging of concession items sold by SHA shall be mutually agreed upon by the Shakopee Facility Manager and/or the Director of Parks and Recreation Director and SHA. C. SHA and the City agree that in the event a Tournament is sponsored by the local Basketball or Wrestling Association during the terms of this agreement that SHA will pass on a share of its concession revenue generated during the tournament to the Basketball or Wrestling Association. The amount of share shall be mutually agreed by SHA and the City. D. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes and all prior agreements or proposals, written or oral,and that no alternation,modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. E. This Agreement shall not be assignable except by the written consent of the City. F. This Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper officers,thereunto duly authorized, as of the day and year first above written. CITY OF SHAKOPEE Mayor City Administrator City Clerk SHAKOPEE HOCKEY ASSOCIATION President C CITY OF SHAKOPEE R r MEMORANDUM CONO O E NT To: Mayor and City Council Mark McNeill, City Administrator From: Mark J. McQuillan, Parks and Recreation Director Subject: Electrical Power Memorial Park Shelter#2 Date: September 30, 1998 INTRODUCTION Staff is requesting the City Council's approval to install electrical service to picnic shelter #2 (near millpond) in Veterans Memorial Park. BACKGROUND This 1998 Capital Improvement Program identifies $10,000 in the Park Reserve Fund for electrical service to Shelter#2. Master Electric Company estimates the cost to install electrical outlets, weatherproof lights, a photocell to control activation of the lights and "tap in" for power at about $2,500. The cost to trench wire from a power source to the shelter by Shakopee Public Utilities is $1,500. ALTERNATIVES 1. Install electrical service to Pincic Shelter#2 in Veterens Mermorial Park. 2. Do nothing. 3. Table for further information. RECOMMENDATION The Parks and Recreation Advisory Board recommended Alternative#1. ACTION REQUESTED Move to approve to install electrical service to picnic shelter#2 in Veterans Memorial Park with funding to be allocated from Park Reserve Funds. C \77,1,44,41,07,/k Mark J. McQuillan Parks and Recreation Director /s b, /, CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amended VPSI Vanpool Agreement MEETING DATE: October 6, 1998 INTRODUCTION: At its September 14, 1998 meeting the Council approved the proposed agreement with VPSI for a term of one year with a one-year renewal option. A copy of the revised agreement is attached for the Council's consideration and adoption. ALTERNATIVES: 1. Offer and pass a motion approving the attached agreement and directing the appropriate City officials execute said agreement. 2. Offer and pass a motion approving the attached agreement with modifications, and directing the appropriate City officials to execute said modified agreement. 3. Do not direct approve the agreement with VPSI, Inc. 4. Table the matter for additional information. ACTION REQUESTED: Offer and pass a motion approving the attached agreement and directing the appropriate City officials execute said agreement. •R. Michael Leek Community Development Director is\commdev\cc\1998\cc 1006\VPS12doc CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: VPSI Vanpool Agreement MEETING DATE: September 14, 1998 INTRODUCTION: The City contracts with VPSI, Inc. for vanpool services. The City's previous contract with VPSI has expired. Council is asked to consider approval of a new agreement. DISCUSSION: A draft agreement is attached for the Council's consideration. The agreement is essentially the same as the previous agreement. As drafted, the agreement would have a 3-year term, with an option for the City to renew the agreement for a 4th year. ALTERNATIVES: 1. Offer and pass a motion approving the attached agreement and directing the appropriate City officials execute said agreement. 2. Offer and pass a motion approving the attached agreement with modifications, and directing the appropriate City officials to execute said modified agreement. 3. Do not direct approve the agreement with VPSI, Inc. 4. Table the matter for additional information. ACTION REQUESTED: Offer and pass a motion approving the attached agreement and directing the appropriate City officials execute said agreement. 7(7, -7z R. Michael Leek Community Development Director is\comrndev\cc\1998\cc0914\VPS 1.doc ti City of Shakopee Vanpool Agreement This Agreement,made and entered into this day of , 1998, by and between the City of Shakopee, Minnesota, a municipal corporation of the State of Minnesota,hereinafter referred as the"City"with offices at 129 South Holmes Street, Shakopee, Minnesota,and VPSI, Inc.,a Delaware corporation with offices at 1220 Rankin Street,Troy,Michigan,hereinafter referred to as VPSI. Witnesseth: Whereas,vanpools represent an energy and cost efficient mode of transportation; and Whereas,the City has reviewed the qualifications of VPSI and found them to be qualified to assist the City in carrying out the vanpool program,and Whereas, VPSI desires to provide fleet management and other technical services and assistance to the City in carrying out the vanpool program. Now,therefore,for the considerations herein expressed, it is agreed by and between the City and VPSI as follows: VPSI's Responsibilities: A. VPSI will work closely with the City of Shakopee to insure the success of the ridesharing program. VPSI support services to be provided will include the following: 1. Vanpool vehicle procurement and delivery. 2. Driver qualifications 3. Fleet management including maintenance and insurance. 4. Vehicle disposal. B. VPSI will assist the City in marketing the vanpool program and assist the City in matching applicants into viable vanpools. This includes allowing the City to place its logo on the vans. C. VPSI will file a certificate of insurance with the City showing the following coverage: Automobile Liability and Property Damage. Combined Single Limit: $2,000,000. The certificate shall provide for a 30-day notice to the City of any change, cancellation or lapse of such policy. Prior to beginning any work under this agreement, VPSI shall provide a certificate of insurance verifying the aforementioned coverage. VPSI is self-insured for Collision and Comprehensive Damage. VPSI shall name the City of Shakopee as an additional insured on all insurance requested herein. VPSI agrees to indemnify,defend and hold the City harmless from and against all claims, liabilities, losses,and demands, including but not limited to attorneys' fees and court costs,for injury to or death of any person or for damages to any property arising out of or in any way connected with this contract. It is agreed that this indemnification provision does not apply with respect to any workers' compensation or similar claims filed against the City by City employees. 1 VPSI assumes full responsibility for relations with its subcontractors, and shall indemnify, defend and hold the City and the Regional Transit Board harmless from and against all claims, liabilities, losses, and demands arising out of the action or inaction of any such subcontractor. Workers' compensation policies and unemployment compensation coverage will not be provided the drivers. The drivers will not be employees of VPSI, or the City, but will be classified as volunteer drivers,who are independent contractors in a ridesharing program. Unemployment compensations, if any,would be expected to flow from the driver's regular employer. D. VPSI shall notify the City and the Regional Transit Board at the first opportunity, and within 24 hours when possible,of any significant occurrence involving or alleging personal injury and/or property damage arising out of or concerning this vanpool service. E. VPSI shall seek to keep costs as low as possible. The City understands,however, that it is necessary from time to time to increase fixed costs to all groups, as new, more expensive vehicles are transitioned into the fleet and older, less expensive vehicles are retired. F. VPSI has established and shall maintain a master preventative maintenance and inspection program. Under this program; vehicle service will be performed at service centers specified by VPSI in the Twin Cities area. VPSI has made arrangements with the local service stores of Firestone, Goodyear, UniRoyal, B.F. Goodrich,and Penske Auto Centers to provide maintenance service on VPSI vehicles, and invoice VPSI directly for the services rendered. Detailed maintenance records on each vehicle will be kept by VPSI. The van pool drivers will be given periodic service reminders. It will be the driver's responsibility to report to the local VPSI office, required maintenance, prior to having the work performed. The van driver will be expected to maintain a clean vehicle,both inside and out. G. VPSI shall keep a backup vehicle available at all times. If the backup vehicle is not available and a vanpool vehicle breaks down or is damaged in an accident, VPSI will credit the vanpool group on a pro-rata basis for the period of time the vehicle is inoperable or until such time a backup vehicle is provided by VPSI. It will be the responsibility of the vanpool group to schedule and obtain alternative methods of commuting when the VPSI vehicle is not available. II. The City's Responsibilities: A. The City will provide, at its own expense,the marketing outreach program to promote van pooling to residents of the City. B. The City will provide, at its own expense,the vanpool marketing materials required to promote the vanpool program. C. The City will provide, at its own expense, meeting space and arrange meetings for potential vanpool user groups. 2 D. The City will provide, at its own expense,a vanpool program coordinator to work with VPSI in the administration of this agreement. E. The City agrees to reimburse VPSI for additional administrative services not included in the agreement that the City may request. F. The City will collect account for fares. G. The City shall make prompt payment to VPSI for monthly lease costs. III. Agreement and Duration: A. The final agreement between the City and VPSI shall be subject to prior approval by the Regional Transit Board. B. The agreement period will be September 1, 1998,through August 31, 1999. This agreement is renewable for a second year at the option of the city. IV. Termination: A. Termination of Lack of Funding. The parties hereto covenant and agree that their liabilities, one to another, shall be contingent upon the availability of State and/or local monies for the funding of this agreement and that this agreement shall be terminated if such funding ceases to be available. B. Termination for Breach of Contract. This agreement may be canceled and terminated by either party at any time within the contract period whenever it is determined by such party that the other party has materially breached or otherwise materially failed to comply with its obligations hereunder. C. Notice. In the event of any termination of the agreement under this Section IV,the party terminating the agreement shall give notice of such termination in writing to the other party. Notice of termination shall be sent by certified mail, return receipt requested, and shall be effective thirty(30)days after the date of the receipt, unless otherwise provided by law. D. Leased Vehicles. When the lease period is up on a vehicle,the vehicle will be returned to VPSI. The City will have no financial obligations for the vehicle at the normal termination of a lease. VPSI will assume full risk to the lessor for any deficiency between vehicle selling price and residual value. V. Subletting: A. No assignment or subletting of this agreement, all or in part will be permitted without the prior written consent of the City and the Regional Transit Board. B. VPSI alone will be held responsible for full and faithful performance of its commitments in this agreement, regardless of any subletting or assignment. 3 VI. Non-Discrimination: A. In hiring of common or skilled labor for the performance of work under the agreement, VPSI,any subcontractor,material supplier, or vender shall not, by reason of race,creed,age, sex or color discriminate against any person or persons who are citizens of the United States who are qualified and are available to perform the work to which such employment relates. B. VPSI, any subcontractor,materials supplier or vendor shall not, in any manner, discriminate against or intimidate,or prevent the employment of any such person or persons, or on being hired,prevent or conspire to prevent any such person or persons from the performance of work under any contract on account of race, color, creed, religion,national origin, sex,marital status, status with regard to public assistance,disability, sexual orientation,or age. C. Any violation of this section shall be sufficient cause for this agreement to be canceled or terminated by the City and all money due,or to become due, may be forfeited. VII. VPSI to Make Examination: A. VPSI shall make its own examination, investigation,and research regarding the proper method of doing the work,all conditions affecting the work to be done,the labor, and the quantity of work to be performed. B. VPSI agrees that it has satisfied itself by its own investigation and research regarding all such conditions and that its conclusion to enter into the proposed agreement is based upon such investigation and research. C. VPSI shall make no claims against the City because of any of the estimates, statements,or interpretations made by any official, officer,or agent of the City that may prove to be in any respect erroneous. VIII. Jurisdiction: This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. Executed the day and year first above written. VPSI, INC. CITY OF SHAKOPEE, MINNESOTA By By Mayor By City Administrator By City Clerk 4 CONSENT Item 15D.1. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Payments to VPSI, Inc. for Vanpool Services MEETING DATE: October 6, 1998, prepared October 6, 1998 INTRODUCTION: At its recent workshop, the Council asked for some additional information regarding the amounts and methods of payment to VPSI. Attached for the Council's information is the 1997 Monthly Cost Summary from the 1998-management plan and budget. The average monthly cost for purchase of service in the first half of 1997 was $6,082.02. Average monthly revenue for the same period was $2,506.79. For September and October of 1998 the purchase of service amounts were $8,080.00 and $7,657.36, respectively. Invoices from VPSI, Inc. list the individual amounts billed per month by vehicle. These amounts include lease payments, maintenance costs, and vehicle taxes. ACTION REQUESTED: No action is requested at this time. R. 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E um) 00 to in into 'VV tn �n ` .a 0 Cui a < 0 a) E 0 o a) 0 o o - as co 0 0 0 0 0 0 > > m a) 0 > n.1CC _ aao a a I M as 00 00 00 CD CO a: CO 'L waCommuter 149 E.Thompson Avenue Varpools Suite 208 --:-.1.'2 ` West St.Paul,MN 55118 '/ 7 Tel:651.451.8507 Minnesota Fax:651.451.8529 f' www.vanpoolusa.com Monthly Vanpool Prices �' 1998 Model Year 15 Passenger Van (Factory I) Standard Van (no special features) Daily Roundtrip Monthly Total Basic Rate Mileage(est.) Mileage Mileage 24 500 6000 $750 36 750 9000 $760 47 1000 12,000 $790 60 1250 15,000 $800 71 1500 18,000 $830 83 1750 21,000 $880 95 2000 24,000 $910 119 2500 30,000 $980 143 3000 36,000 $1,090 15 passenger (Factory II) Upgraded standard van (lots of features, no split bench 1 Daily Roundtrip Monthly Total Basic Rate Mileage (est.) Mileage Mileage 24 500 6000 $795 36 750 9000 $810 47 1000 12,000 $835 60 1250 15,000 $850 71 1500 18,000 $870 83 1750 21,000 $930 95 2000 24,000 $960 119 2500 30,000 $1030 143 3000 36,000 $1,130 Monthly price includes scheduled maintenance, unschedule repairs, insurance (basic level coverage) registration, and license plates. Prices do not include parking, detailing or gasoline. Please remember to add state sales tax of 6.5%. All prices are subject to change. These prices are current as of 1/98. /„517. 2 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Minor Subdivision Waiver Request David J. Yarusso (Applicant) DATE: October 6, 1998 Introduction Mr. David J. Yarusso, d/b/a Yarusso's Hardware Company of Shakopee, is requesting a waiver to City Code Section 12.08, Minor Subdivision Process. The location of the subject site is 810 First Avenue East, between Minnesota and Dakota Streets(Exhibit A). Discussion The subject parcel is approximately 75,150 sq. ft, or 1.73 acres in size, and is located in the Highway Business (B-1) Zone. Scott County currently has the property divided into three (3) separate tax parcels; the parking lot, the hardware store and the former Cleve's Super Value store site. Mr. Yarusso is requesting to reconfigure his parcels (by means of a minor subdivision process) into two (2) separate parcels. Mr. Yarusso has submitted a letter of request and site plans illustrating the existing and proposed layouts (Exhibits B.1, B.2 and B.3). Section 12.08. Minor Subdivision Process, Subd. 1, Para. B of the City Code states; "All resulting lots must meet the design standards and other requirements specified in Chapter 11, unless otherwise modified as part of the PUD approval." Due to the property not meeting current B-1, Highway Business design standards (Exhibit C), the property is classified as a Type B Non-Conformity. By proposing to subdivide the property into 2 lots, the new lot line would essentially create a zero lot line separation between the hardware and former Super Value store structures, thereby increasing an existing non-conforming use. Only in the Central Business (B-3) Zone is this zero lot line permitted. Mr. Yarusso is specifically requesting a waiver to this requirement. Alternatives 1. Approve the applicant's request to waive the requirement of the Minor Subdivision requirements. 2. Deny the applicant's request to waive the requirement of the Minor Subdivision requirements. 3. Table the matter for additional information from staff and/or the applicant. Action Requested Offer a motion consistent with the preferred alternative, and move its approval. is\commdev\cc\1998\cc1006\yaruswvr.doc I , ,.--.,, miclucc2,5yr__ • .. •• 44000wi :,:i...../...4%•,•4i , 4-4, :• • •e ' •• .• • ...„:.•: ,..••• l••b• * ,,. • • 4.410:10• • v.*A. r le. V:1.: • . :.4;'vv.;*4• 4",: „,,,,•%..Y..., 1,”„ s t;:„ 4, •:44...A•1•....ok.. •the.:.•.. ; s • (i.• slav,77.! 9. • t 110.* Yitab'' • •001;44,470•t.:41• . •... s 1 . - { ':i.•4 -«*8.•,=;-, ., ;V, es! -4,0 ;• gig,. , i 4 • v , .. Iiir • . rt .4„p; _ ••. . • .0. ,a, 10, 5F•�'r� �.4, -all III h � '414:7 rS1 ire 1 g et - Ofrlig; ,, •; 10541111 snit twilit1� � X1111njiii! sit 161 11 ,..- te� %1© r �, o01'4 r - talit �r .......,..........-7-:OS rt _�� . . . . it - got ta-.14,- t . .1 %sic . 5 . 1win tel4 '' 7An tilt 3 ' °LIr � , 0.1 lir ., ,___-------..: ---„E g '� ���-� 362 pts io 4• .. t1 ;-' ; 0 l ui, i�• + 3t%%% VidIlla : at" I 1 lo. ,'i�� tr" t0 iiiittator� .. 10 owigloo VG. to 10 b.- ill -'1'. mai 6, ,,„,,, 4. ��► .. MIR ill § 11 'I 1 ' ,� - I ' Sib . 1111 MO MIN it %VII= nil Eh . 4.4A4 :11111.1, scRvIcEsuu. s . . _ , : It Qt� EXHIBIT A RECEIVED David] yarusso �D da yarusso's Hardware Company v rP 1 > 1998 810 east first.venue CITY OF SHAKOPEE Shakopee, NA( 55379 s f 445-6509 _ d 1 1998 Shakopee City Council 129 Holmes Street South �,��,�� /'/� 1 g 9�/ Shakopee,MN 55379 , '� Re: Request to waive Sec. 12.08 in Minor Subdivision Process Dear Honorable Mayor Jon Brekke and Members of the Shakopee City Council, We are requesting your approval to subdivide the business property located on Block L0, lots 1 through 10. We are currently receiving three separate tax statements for the parking-lot, Yarusso's Hardware and the rental area formerly known as Cleve's Super Value. The property does not conform to the requirements cited in the Minor Subdivision Process but we are hopeful that the Mayor and Council will consider this preliminary request to reconfigure the lots. We are enclosing.a.sketch of our proposal which would divide the-property in-two parts. We will submit any information or requirements necessary to consider the subdivision process. Thank you for your consideration. Sincerely, Gi'1J�c. David J. Yarusso EXHIBIT 13.1 vi W N0 H o j 0 # • 1 ,i ..�._ 1 - �- x` d f S D tD ;-47. t r --:-.-r..6 cl) . , v Z 1.- ' - ''''•-•,.,„... \ 4, . 1 \ . ... EXHIBIT B.2 .4raz 11.41141,, !t) '0 `� ) i 0 ,y -- --� a EXHIBIT B.3 Mama)? 114-5/NES S (s-i) zolug §11.36 10. wireless telecommunication towers and antennas will only be considered for City parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • commercial recreation areas and major playfields used primarily by adults; 11. all revenue generated through the lease of a City park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund; or (Ord. 479, March 13, 1997) F. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Standar.s. Within the highway business zone, no land shall be used, and no - . -. . -• or used, except in conformance with the following minimum requirements: A. minimum lot size (new lots): one acre (Ord. 485, June 12, 1997) B. Maximum impervious surface percentage: 75% C. Lot specifications: minimum lot width: (new lots): 100 feet (existing lots): 60 feet minimum front yard setback: 30 feet minimum side yard setback: 20 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zones: 75 feet D. Maximum height: 35 feet without a conditional use permit. (Ord. 31, October 25, 1979; Ord. 150, October4, 1984; Ord. 158, January 31, 1985; Ord. 159, February 28, 1985; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 275, September 22, 1989; Ord. 279, December 1, 1989; Ord. 292, September 7, 1990; Ord. 320, October 31, 1991; Ord. 377, July 7, 1994; Ord. 434, November 30, 1995) SEC. 11.37. Reserved. paps revised in 1997 1174 EXHIBIT C CONSENT CITY OF SHAKOPEE lg. 0 + Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Planning Technician Completion of Probationary Period MEETING DATE: October 6, 1998 Introduction: Elizabeth Handrich was hired as Planning Technician effective October 8, 1997, after having previously served as an intern with the City. Thus Ms. Handrich's probationary period ends on October 8, 1998. Ms. Handrich continues to produce quality work for the City and has aggressively tackled the work of the position. Since her appointment, Ms. Handrich has taken over the updating of the PDS system, is taking over addressing from the Engineering staff, and has been using CAD and/or GIS to revise and produce several key city maps (land use, annexation, zoning). Recommendation: I recommend that the Council find that Ms. Handrich has successfully completed the probationary period for Planning Technician, and be awarded permanent, full-time status in that position. Action Requested: Offer and approve a motion finding that Elizabeth Handrich has successfully completed the probationary period for Planning Technician, and awarding her permanent, full-time status in that position. L R. Michael Leek Community Development Director PROBATEH.doc/RML 1 l�• igI CONSENT MEMORANDUM CITY OF SHAKOPEE MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment of Election Judges DATE: September 29, 1998 INTRODUCTION AND BACKGROUND: Minnesota State Statutes require that election judges be appointed by the governing body prior to the election. The attached resolution appoints judges for the November 3rd General Election. All judges have been contacted and have agreed to attend the required training session and to work for the election. RECOMMENDED ACTION: Offer Resolution No. 4998, A Resolution Appointing Judges of Election and Establishing Compensation,and move its adoption. JSC/jms [i:\clerk\jeanette\election\election.res] RESOLUTION NO. 4998 A RESOLUTION APPOINTING JUDGES OF ELECTION AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,THAT: 1. The following persons are hereby appointed Judges of Election for the November 3, 1998, General Election for the eight polling precincts within the City of Shakopee designated in Resolution No.4407,adopted March 12, 1996. FIRST PRECINCT: Dorothy Breimhorst Winnie Anderson(Chair) Regular Judges Vella Gould Claude Kolb Hazel Ecklund Evelyn Weckman Dell Reed Irene Bursey Marie Beckrich Betty Christensen SECOND PRECINCT: Bob Nieters Marcy Schmidt(Chair) Regular Judges Marilyn Lang Connie Berens Ethel Schneider Pat Mertz THIRD PRECINCT: Jelly Klein Maetta Jurewicz(Chair) Regular Judges Don McNeil Pat Schoers Bob Mertz Don Hart Marvel Siebenaler Barb Zupan Bud Geske Darlene Schesso FOURTH PRECINCT: Edna Wangerin(Chair) Marge Bischoff Regular Judges Pat Clemens Murial Koskovich Don Zupan Joan Schultz FIFTH PRECINCT: Virgilla Geske(Chair) Carol Link Regular Judges Joan Hart Betty Dols Louise Vyskocil Thea My Ray Siebenaler Helen Link Karen Mihevc John Collins SEVENTH PRECINCT: Lillian Weinandt Kim Mueller(Chair) Regular Judges Carla LaBarbera Reuben Patrikus Jodell Kirkland Jane Rodning Colleen Zastrow EIGHTH PRECINCT: Claudia Meyer(Chair) Lenore Johnson Regular Judges June Douglas JoAnn Coller Darlene Meuissen Char Steininger Betty Teich Marvin Hertaus Nancy Vaughn 2. The Election Judges shall be compensated for their work at the rate of$5.50 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $6.00 per hour. 3. The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms,intents,and purposes of the Resolution. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 6th day of October, 1998. Mayor of the City of Shakopee A n EST: City Clerk [I:clerk\jeanette\election-election.res] tk.) E . FOURTH PRECINCT: Edna Wangerin(Chair) Marge Bischoff Regular Judges Pat Clemens Murial Koskovich Don Zupan Joan Schultz FIFTH PRECINCT: Virgilla Geske(Chair) Carol Link Regular Judges Joan Hart Be D• 413-4 Ray Siebenaler Helen Link Karen Mihevc John Collins SEVENTH PRECINCT: Lillian Weinandt Kim Mueller(Chair) Regular Judges Carla LaBarbera Reuben Patrikus Jodell Kirkland Jane Rodning Colleen Zastrow EIGHTH PRECINCT: Claudia Meyer(Chair) Lenore Johnson Regular Judges June Douglas JoAnn Coller Darlene Meuissen Char Steininger Betty Teich Marvin Hertaus Nancy Vaughn 2. The Election Judges shall be compensated for their work at the rate of$5.50 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $6.00 per hour. 3. The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms,intents,and purposes of the Resolution. CITY OF SHAKOPEE ' • Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: MnDOT Property - Daycare Site DATE: September 29, 1998 INTRODUCTION: The Council is asked to consider a commitment to sell a 1.92 acre excess MnDOT parcel to EverGreen Heights Real Estate Development Corporation, for a daycare site. BACKGROUND: Part of the overall package which has been put together for EverGreen Heights affordable housing project are the amenities which surround it for prospective tenants-being close to jobs, job training, and affordable daycare. The affordable daycare has been planned to be on a location with an access off County Road 16, just east of the site. It is a 1.92 acre remnant parcel owned by MnDOT, and was acquired as part of the U.S. 169 right-of-way process. 6,0x0 It has been appraised at a total of$50,000, or approximately $2 per acre. The daycare development is contingent upon the receipt of grant funds from the Minneapolis Foundation,the Metropolitan Council Livable Communities grant, and the Children's Family and Learning grant. In order for applications to be made for these grants, a demonstration of site control must be made. First in that is a letter of intent from MnDOT(attached), and in turn, a commitment from the City to make a straight cash sale to EverGreen Heights, contingent upon the receipt of adequate funding from grant sources. Application for these grants must be made by November 2nd; it is expected that a determination would be made by February 1, 1999. The indication of site control for grant purposes can be made by letter, assuming Council action. If EverGreen Heights is unsuccessful in obtaining grant funding, there will be two options available: 1. Let MnDOT retain the parcel, and let them dispose of it. EVERG.DOC 2. Obtain the parcel,and tie it to the adjacent townhome site for development,be it by McClenahan, or an alternate developer. The developer of EverGreen Heights has indicated that he is not interested in the site if the daycare is not funded. Our preference would be to let MnDOT keep the parcel, and market it on their own. MnDOT has been patient with the City on this; it did provide for this 1.9 acres to be severed from the parcel which was critical for acquisition as part of the Seagate development. Obviously,this is an issue we will not know until McClenahan knows about his funding. Expiration of this commitment as proposed would be July 30, 1999. RECOMMENDATION: We recommend that the City Council direct staff to prepare a letter to include in the EverGreen Heights daycare package,providing a commitment to sell the land upon its receipt from MnDOT, for an affordable daycare provider. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the letter agreeing to sell the 1.92 acre MnDOT Parcel No. 65,to EverGreen Real Estate Development Corporation, for the appraised value, contingent upon receipt of grant funds for daycare development. 1"'a Mark McNeill City Administrator MM:tw EVERG.DOC 00E0,4 tMinnesota Department of Transportation *4., ,,eg Metropolitan Division 0`T`� Waters Edge 1500 West County Road B2 Roseville, MN 55113 Telephone No. 582-1635 September 29, 1998 Mr. Mark McNeill - City Administrator City of Shakopee 129 Holmes Street South Shakopee, MN. 55379 SUBJECT: C.S . 7005 (101=187) 901 Scott County Parcels 65 & 66 (1 . 92 Ac. ) T.H. 169 at CSAH 16 (Eagle Creek Blvd. ) -SE Quad. LETTER OF INTENT TO RECONVEY Dear Mr. McNeill : This letter is to verify the intent of Mn/DOT to convey lands at the subject location to the City of Shakopee. The area adjacent to the subject site (Parcel 67) has been conveyed to the City of Shakopee previously. An offer has been made to the City for the subject site. A Quit Claim Deed has been prepared by Mn/DOT and will be issued to the City of Shakopee upon receipt of the amount of the certified appraisal which is $50, 000 . The subject area which Mn/DOT intends to convey to the City of Shakopee is shown in red on the attached map labeled 'Exhibit A' . Sin. erely,1A2 James Kirchner Reconveyance Specialist An equal opportunity employer , RICHT OF WAY IN KILLARNEY HILLS AOOITION 6 SECTION 9 PARCEL OWNER LOCATIONr•.M � 0. Mal Ila ..a a Un. 66 CITY OF SHAKOPEE LOTS 2-8611.8K.1 252058 237 12-1-96 FEE LOTS 6 1 7 .BK.4 • • LOT 1.8K.S,O.L. E ' • VAC.SHARON PKWY. . • • . I TYRONE 0 RIVE • KILLARNEY HILLS NMI/4SW1/4 •'...-....ui CAST IRON NON. SECTION 9 2.07 AT OUARTER COINER 68 PARCEL DELETED • • jSTATA 70 PARCEL DELETEDC . ZONE CAST 913.114:12 AOUAE OATUY.NAO.27 • 0 • __ ,�4r _n.�[,[,.__ __ '• CANTERBURY PARK 2ND ADD. mor• r--71141.34' • ' • 'IASI IM 1/4 L[� .........-.;1111..IC tar 1"2�`As�'�'..7-,.- ,;,--t... "2• IAT VI • 1 CITY• o - wa� e SO• wan COV. Ease ENT .1i o _ wS2 • .: sass Ca _�-- -___.__ "�-- ••��.- � J 0 » • h PER PLAT ew �if'16'07e '--s. 1 o2'2s - 'I'66.t 'l a� :-- ;. A� w �___ h ;O`> to �r or U3(1Ep2 lt►t •••••` .11211 t:.. . '�----�---- `11r0�� '� •if ,1 .•Ae.tpl . cs� ---E._____ �� •112 C • t -?ia �%)+ 14W I/ SWI/i�ptH-t ' it��. 1 % IS 4• YE SSE 423g ' -Ao Ni trARFt. 65icieTA.:r n` ��' -s?S p • t `4 C • ' PARCEL iT 8 \s\ •eig:� �� .41d + cs\ 3� .j BLOCK t• s • sno - e . • .. 6• PARCEL 66 .; IT stoats 'a`P' ?o KILLARNEY p'ast' J '0 SHAKOPEE PARCEL 66 1 a �.,� 2 1111 ti ►, .. 243' c • .9• (j/311 � i ' _ __. sOoT.c.IrM.L111 \ / t ►EA n am .' '' . S I s •o' 10 111101 HILLS 9 cunot 1 ... 2 .1 f ..moi �.-..� m 22!' N.S.r• L►.SL�Nt �� ��.. . n ppOIT tbN a ._- 1 3 --__-. 1 ._--"S-w17=5 .1I14 ...._ - EXHIBITA' «N. 648 61 t I'm r • ... .;' CITY OF SHAKOPEE I( Memorandum / TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: EverGreen Heights Townhomes Property DATE: September 29, 1998 INTRODUCTION: The City Council is asked to consider a series of modifications in the purchase agreement for the EverGreen Heights Townhomes property, as proposed by developer Greg McClenahan. BACKGROUND: Previously, the City Council authorized the sale of 9.95 acres of excess fire station property to EverGreen Real Estate Development Corporation, for development as 68 units of affordable townhomes. That commitment was made early this year, and was contingent upon the receipt of low income tax credits by Mr. McClenahan. However, the announcement in May made by the Minnesota Housing Finance Agency did not include EverGreen Heights as a funded project. As a result, in August, Mr. McClenahan received an extension of his option for the property from the Council for one year. Mr. McClenahan is in the process of reapplying for low income tax credits, and other funding assistance. One thing which he indicates will result in a more favorable consideration will be a reduction in the amount of funding which is needed for land acquisition. As a result,he is proposing to alter the previous purchase agreement, and instead phase the development. Instead of building all 68 units at once, he proposes to build half of them in each of two phases; 28 units would be his affordable townhomes, with 6 additional to be Holman units that would be owned by the Scott County HRA. In this scenario,he proposed that the City sell him one 5 acre lot for$175,000, and provide an opportunity to purchase the second 5 acre lot as"Phase Two" at such time that funding is available. That would be for the balance of the previously agreed purchase price of$325,000, or$150,000 for Phase Two. By doing this, the amount he requests for funding from the Minnesota Finance Agency's low income tax credit program can be reduced by up to $50,000. EVERGR.DOC DISCUSSION: Obviously,this changes what had been agreed to previously. This would have to be set up in a manner so that access to Phase Two could come either from Vierling Drive (which would go through the Phase One property), or extend up from County Road 16 (through the daycare site, currently owned by MnDOT). This would mean the Phase Two five acres would not be as desirable from a marketing standpoint, should Mr. McClenahan not proceed to Phase Two. From a planning standpoint,the Council would need to provide final approval of the EverGreen Heights plat application. The property could then be split into two lots as a minor subdivision. OTHER CHANGES: Other major changes in the purchase agreement as proposed by McClenahan would be for the contingency date being extended to July 30, 1999; an option to purchase the contingent 1.92 acres of MnDOT property for a daycare site(elsewhere on the October 6th agenda); and an acknowledgment of the rough grading that has been completed on the site. BUDGET IMPACT: Mr. McClenahan is proposing to pay interest on the portion of the property which is not yet purchased. Council should be reminded that funding of the entire parcel, which included assessments, came on a interim basis from the Capital Improvements Fund. Recently, investments there have generated a 6.1%interest rate. Therefore, if McClenahan is able to continue to have an option on this property,the City should receive that amount of interest in order to "break-even". RECOMMENDATION: If the City wishes to continue with support of affordable housing at this location, and is comfortable with the concept of a phased development as compared to a full development, I recommend that the purchase agreement be approved. ACTION REQUIRED: If the Council concurs, it should,by motion, direct the appropriate officials to enter into the purchase agreement by and between the City and EverGreen Real Estate Development Corporation, for approximately 5 acres of excess Fire Station property. Aka_Wt.' Mark McNeill City Administrator MM:tw E VERGR.DOC 10/02/98 FRI 12:24 FAX 6128311869 JOHNSON&CONDON Cij003 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") is made as of-February 4� ��' , 1998, between EverGreen -'• ; • - • • ' :.-..-,- +-•. :' Y••• " :r 1 '12{r'''`\:v .,-.L k• 3.{ ,cL L :a'.•yr ♦ •, • • •, x•A,T4::::* '. ` a Minnesota artnership '.:- 9•r.,.r."x:.e,V „.::::sk ,' t,'5 r' z:#. .:. �'p . (hereinafter "Buyer") and Cityof Shakopee, :.t:er. " y ) a Minnesota municipality (hereinafter "Seller"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the real property located in City of Shakopee, Scott County, Minnesota generally described as � . < *; . ny`::i,> •.x 'approximately.•.' 0w..ry jn,', nvan•.cres ; located south.r.o`,.:'.',f.•'.{•V ie:a.rG:•'ling,D ri v ev , • " > �: . . "� x .and east of h Qf ` fiv � 7Yb� A •wrk $i \ i :Kk " i. i.aa ' Ya . , tom�� $ ,fL �.T.� + ,% V \ n+{ 0ar. ^' %" v4L}}a1% :f v ?1 .:{.:, r�L:'�ivt:.�` {" �.140i >v+ .`' �`u ...,*-c.....—; . . ..t+�i+�.'.:�':a.. .{9;L � .x•:v..sSaa:,+x .w,.:aa . ::} G.rx..f":,.,}gyp,-;.,,;•.,,.:.. :��M•a:yxsa:y,.••: . L.4,...›LL, +,;. ,�',� �� a`':'+A+.".KYr:.r^,;m r+k\\a.'C\,�5 •:,I; .. �r:: .`,k� L + {•C�{:+' ,(,y;��j1'y;��f• 3,} �.• ,•...•.••# ?ur#., �y+{,�}: u i��{:„k.: f. ux�'•},.S:.G.:;.':.,•�{,fi•�; ,;e}�a. � r.,.y ;r `.;ta P.P'N. •4. is g.,\ rY,,�ryy� f,, ` >w. S •(.:.l :4 . !{ dP ar: L '4.'3.{.t:,^ '{d},\�:;{,ik.�S:Vl.{::&>+.":J`,.� .L,.,'^•.•'.\},�44•`j ��I �fi `L�.k,,'•:'�k ..y a,+ 3.•:::G:.M'.,+'•R..`::**L•*'•'*r,*.*',*,x:%•,+ r.�}hF w i:::`..,,s 5,.{.4:. d%,'`3»! w,•3'n.� L x,k: :yw1. together with all easements and rights benefiting or appurtenant to same (hereinafter, the "Property"). Seller and Buyer will execute an amendment to this Agreement specifying the exact property to be transferred within 10 days after Buyer's receipt of a survey of the Property as provided herein. If Seller and Buyer cannot so agree on the description of the property to be transferred hereby, either party may cancel this Agreement by giving written notice to the other of such cancellation and all Earnest Money (as hereinafter defined) shall thereafter be returned to Buyer. 2. Purchase Price and Manner of Payment. The total purchase price ("Purchase Price") to be paid for the Property shall be $325,000. The Purchase Price shall be payable as follows: •'.}Il`Xi',Ln9i3.,�{rtix{},:k%. n6 ,:,%' vK: }'L $:iAt.re"+'i:!Biu''nany:?:Yi•.,•r.....:1 .n.r.,....., ..:.:...=.:....:... ,. 2.1 $' 00twa as earnest money ("Earnest Money") paid concurrently with the execution of this Agreement, which Earnest Money shall be held by Seller'-s-agent St. ; and a � sig v}ati \ ieRz��'oj :> Kei ,•' p {{•T{Sa-.7.;,:r;74.7706 }fi rk}r•,h:::k xti ?ecu,,fiF w,aiASu. v ':itY vA tt:{i '�{xry.,L4v�.r,},:4; r� " ti.:8•w %; \ :a - c .if r :�'; n PdA DB 4.::::!**....:4i: $ ti@ „ " $ $ � $ �h? �rx'La �N,0, L �taxbcLu .5 .•:y 4 .av,;.a. Cte nrOWify k' r{ ? „et*$ 3a. i's :=: °; u wr+ k �: y : krabL ! thKxA �:t9A.x re .1+ieBu �EtoS ' '^ . nexec o yl• \� , :: ' � eN:ia }$ �� w' � s � •ti y q � � q ti }4G } ��n \ am., • , J3 . � a. : : ui } : � 3F � ,7. rM �ltR ' ; dcd . jtt .,kS , v.A � , : l uS :7n:i{:kk.�. vc::.: : rn� FR•: OrM � � ^w�� i4 �+Y* �aY} �* „Mitt ` , i3 ,, �o�L: 3Vj, :4, r , .. st itaYrxR� ,�. tYxi, a: kdVRa• \ a} a' £ nr }rxo ;� x GNxa5 Y . 5ee, givi 10/02/98 FRI 11:03 FAX 6128311869 JOHNSON&LONDON 013 os.A,;.. \a: .'?�a" •,3„��� 'J�.••�4,C{1?' rW4i',ty��,��,&po/�g,p y4�q`d p p> � s::^',,�■f•y�f. .;..��,�•,¢ � �� t,.„. ks w.,,,,,W0). 8':R .r.b A .'{t".4.6' {5. t p ' ln{ i,:,,. x . d . q ' h604 , ; Bd MI!, a e ;? .:`, :;:'. e ,kci > S , ;p.Q ... C � ,:'7F* -tit.•:*'54 - ' ; ;o-L,;.d kl{ } o , x t a fi3 , n sre , . li x{- ;§ t'z 6 s, s ,F �,'a :t f : as3g :& 8 ! v � • r .Pn: .e . 'Ya. k.. :1swt .x'... - bha a : 4'' ' { „84.1 {+2•. 3. Buyer's Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: 3.1 Title. Title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 8 below. 3.2 Access and Inspection. Seller shall have allowed Buyer, and Buyer's agents, access to the Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing, shall restore the Property, and shall hold Seller and the Property harmless from all claims, costs and liabilities relating to Buyer's investigation and testing activities. Buyer shall have been satisfied, on or before the Contingency Date (as hereinafter defined) with the results of all tests and investigations performed by it or on its behalf. Buyer will provide Seller with copies of all soil tests, environmental reports, surveys, engineering reports and other information obtained by Buyer with respect to the Property. 3.3 Government Approvals. All governmental approvals, apart from preliminary plat approval, which are necessary in Buyer's judgment in order to permit use of the Property as a rental townhome development and day care center, shall have been obtained at Buyer's expense on or before the contingency date. Seller and Buyer shall cooperate with each other in all reasonable respects in obtaining such approvals, and shall execute such applications, permits and other documents as may be reasonably required in connection therewith. 3.4 Financing. Buyer shall have received on or before the Contingency Date such federal tax credits and/or mortgage financing commitments as Buyer deems necessary and sufficient to implement Buyer's plans for wzi and to complete the purchase of the Property. The "Contingency Date" shall be July 30, -1998 v &`a {. If any contingency has not been satisfied on or before the Contingency Date or the bosing Date, as the case may be, then this Agreement may be terminated by notice from Buyer to Seller, which notice shall be given not more than 5 days after the.Contingency Date or Closing Date as the case may be. 2 10/02/98 FRI 11:04 FAX 6128311869 JOHNSON&CONDON 11014 Upon termination, the Earnest Money, and any interest accrued thereon, shall be returned to Buyer and neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies are specifically for the benefit of the Buyer, and the Buyer shall have the right to waive any contingency by written notice to Seller. `,`•W•:•Lc% "`L,..., ` ••;ki?.:'...YL.,,+;•,iL.,ci�C { ,�5 ; .,� ! `� �e :::::;-•.:'''',T:.,,-.,.;;;4---• ' ax .,.,; r ct CR #& g.+:' } 8i R .'fA8'+tB , ',r. ,lX.r L. @a3.. �nU !...-:ti* 4 :. c.t. 'w '•,`:;:3..,;,,.:,. L:� Ly}'� w. ,' v i :,.. Y .4La. C:. l` # B �0,...39 v J W. n 9 c ��ss �` a •, x'xR C. s `t6 '. Lp4i�,�YY.Qe o fi ;?�,'y. ir x•„•x�'a � a. ��t$�y ,..y.+ &i# e.d Q ,3d#B F1`w4 B a. i.3� i j L y Y.; x °•, :.• Y•.•, ",i '`i•r;aani {t, :...c.•'' s c%/•;°' / •Z .Jc l �i B b * ., C''• -B B s •! Rr:• kit 7•. ,L ,, ?y.•,p, �e•"3at Ra 'ty,:?,;,,', v.:: r s n �. �'^ o„ ''''VY„,.' u � C 6�:& �?~ricin..''' R 0 �• q tl °'t 4 2• f, 0 0, �c Bs w a a oh 132 'tjg' 1.i 41 2�RFC 4 Q5.{ 8 .••f 4'., 4 wYtYo+#.^n2` '..g.:.• c. v w 0 Ni'•;.,$.Y•,+:%,. '+ *ti . , fi� L . w E 8. V^11..2,',.is iS "R a`r �g ,, . x ••:;&":14 x4; §;-:''*.Fl, s'0,.••:', ;:o 4, #, ,,,,1 t °`m y a a"° a: z . r) , cif, 2?:;4•Y�a..a. v,b.4.`:i.: vC :c.,S.,.e..:aa'��w. �`{h•.r�..��'-.�t4:'r��`'�7'tiY;�, $ 2', 'm; � � p q f ^a'f+ ;,,.• 4 .Seller's Obligations. In connection with the sale to Buyer, Seller agrees to the following obligations: 44 Purchase of Contiguous Property. Seller shall use its best efforts to negotiate the >` ' ”: `. ` purchase from MNDOT of an approximate 2 acre parcel (hereinafter the "MNDOT Parcel") contiguous to the Property, which parcel will be sold to Buyer for the price so negotiated, at .. - .. . . : - • • .. - . . . . . ... •< �:L!ri!,".�^0 „�`,y�,x12�.�;3i•,rv4�e�,3 . MIEZ WA f d x R p C. C tlt-,g1,.#,.4.--9tl. 6 3 x C• t, • '2*' 1 4 ?yy al J • y+Ct y\\)i m.,,,vv..�� L . •x,t ti'' Sy xfOWO 4 r. 'Pto:Ux x Rf b P G l 4• . - 9" YY. I ax ',y,', .�`•C1 '.° 3� c d V.1 @ 8..: ,4C& f'. Rt 4P •-; :` #� 8 ;s8,15 E z t t, ti. y �, yh „° a }ti R• >: Loy �,L. {{1' 2:t.iL}+.�:�;j t�R } �,, '. •N� of ,c,•sd :•4' .. :R 1 .Y tax .\:.,,,L2. .a ti�C`'a?L?.' SdwL2; .'8':tl Cx... ..<aa: ,. .. 4-45.3 Preliminary Plat Application and Approval. Seller shall initiate and }y.,f proceed with the preliminary plat application for the contemplated use of rental townhomes and daycare center on the Property and MNDOT Parcel, • ;, - : - .. :.;,:.- . . . : . _. : : . • ' --- ,. elosing. In addition, the preliminary plat application, review and approval will address all other matters and regulatory requirements necessary for the contemplated use of rental townhomes and daycare center to proceed, including but not limited to, compliance with environmental laws (sound abatement), county road access permits, density and zoning regulations, and surface water drainage permits. Costs associated with sound abatement measures shall be Buyer's responsibility. Final plat application and approval shall be at Buyer's expense. 44 ;i$ On-Site Improvements. : . . .:;,:.- . . : : : - , - ,y;• .y,. xx•...x...x. o a.... ,ti t•• t;.y, .' '� x � �rf is eR R . tit Ma }.,' £G,1 2 a,,L 0 '.'4' 2 ® fs f " e .}� .: 0 a i , R � 0 •:i-10,:t. t' 42C ::'8't'hLvL `h J "�f''Yn ,..::.p.**,-.., R R F R4,% $ 8 e?i: N ,:e.g:... b A S L RZ; x) C ,�'' Y �. ,', f, tl 8 .. s„,s ". ` L w x'`'.•-• k"rZ>`K0;;•:'':t n: .i.,.. 'r� A.4:41,.4-,*,,,,L �L ; �' •w •.,...,, i-s Y y ig }• : AO. . e e 4#' A •k• GER atr ..'-i,:%.''' wdf:$ uQ }Rid L;:'Yx ^ a%'.5,,,,....-14.41.14.xf ,,,, ; R R „r„..,„,:;,101 3: f ,Y- c 5r 8,' 'n 6{ {;,. .x 61'R C S ., d :•:o.♦n -.,b:oxYM s......\�atxaN t�:ck•L,`,'t t:.:.:::Sfit\4.,.. ka 3..t a .41 a, 3 10/02/98 FRI 11:06 FAX 6128311869 JOHNSON&CONDON Z015 . ..4 'tY r:• r �. `< .a, t"A`� •ttlr,,�e • R 3r 2y r� 0.0 #. M.N,4 ,� 1 k.4. f :�`r}., � -# i , eft' �'i,,,-.41.,,,,g,n o3. P, a 1 ,� v , ,. ra i.m., g 3*,r`.4• s .a„. a g es3x as .a ,, g si e, s }•- 4 ',,.`. g b° 4 tR Ly<a .Af1+9i1 'L `•.�,`@3•. se...),..:,,,•,•$� < •..4't,. .: ••14.1:46 ,LF4�c�s,ea a. A the excavation and grading ..r the n o_ rt_• d . 9.;. .,•zt<:'i,a„a.tix. a ancr av -5 • g crvi• A •war`. ... w i.. : : 'tc .. ee9 a a�a < -aRa ' ' ai •. @ a ` 1 ' s x ,,! to ,,., L.t^S tli k 8 ,R 4 55.5 < �� 4 a ,t, 4 3Rt' 1)..,',5 s S.dfi B. ; 4''''A'd:at.' n t•�•i.4� <• �\A' } i• ', fL Y 4`' tet qTE i<3'•` `,t'•;'•``eS e• t:.tr:•l `t.t;<a r.... A`•;a a. ,, a..... ..:, .:„, ...a.a..: Sr. <;, ,..,,Esta+.t .4. xa..:�`.4.m...tt*:• 44 5.i14 Driveway Encumbrance. Seller shall use best efforts to negotiate and remove the encumbrance created by -titeflOrttt- driveway accessing County Road 16. The Seller shall coordinate its efforts with Buyer so as to remove the encumbrance in a fashion beneficial to the sale of the Property and its contemplated use as rental townhomes and daycare center. 3 .CI_ osing. The closing of the purchase and sale contemplated by this Agreement (the "Closing”) shall occur w •;;•kt :y."• ':•, #•,E�' ' `� t ii .• • on or before October 1, �� .r.kk: L a..,',,:.k,.......S :u:::: . tlr d�y 9 i:,;18 kJ ,,�. -8A5.:} .� SiB �& 8 R fa :; 4 :?Bp.'7tl t R 2; 1.t& $f gr..,..@� a % 'a 4 k ` . a 4 7 tl,- 't4=1-.......° t Arbd r •a e B z� 4, o x.•< . B ,•, }at4 e. . r L�i. <` 5 `t�v s,' g:•. r'Ca\ ; c3h�..s ..8,... a@ tld,a< '9 8rak f1',d�6 The Closing shall take place at such place and time of day as Seller and Buyer mutually agree upon. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. ^au3 34 Seller's Closing Documents. O ening Date _ .....W % •••¢' <°t'�y. •ve•,•• . ••••¢] ,•;•;:•.:::``•:•(:!;,V.V.:tt.''',..i:Cory t....it.''s.,..; V, 9` X; y•:., , •...4•; ,:y 2 +toff {. c '�i"' 4tfi3� ta :2 •9,.• .••• '. .W;. .y.,b- 0'0., 5 V. .'1;s k„,,�,,R"��yy ,?:. w.. :i:i.,,,. 4„...,..........„.,:......:,....„...„....v.:.:: ......:'t•:.: .a.,.:obCa. ..a`•., .rbf }l:„.4 ..., A4;..' R;• r '�,t"',,'f Seller shall execute and deliver to Buyer the following (collectively, "Seller's Closing Documents"), all in form and content reasonably satisfactory to Buyer: 4 10/02/98 FRI 11:10 FAX 6128311869 JOHNSON&CONDON Z016 5.L1 Decd.A 4.: 1..r.i.t.-:st..... Warranty Deed conveying ,','A.. se,, 4 ' the-PrepeEty to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defmed. 54,2 itj Owner's Duplicate Certificates of Title. The owner's duplicate certificates of title for the-Pfeperty74f-the-Prepeftyi Oft44. . :::.1s registered land. 5,173 ng Well Certificate. 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If applicable, documents sufficient to convey the ......,,,,.....:._ MNDOT Parcel to Buyer. • - ..... . - ' • '- • 6 ' .4; - • . e • .• ^ : ' • •- • • • _ • $ . 5 10/02/98 FRI 11:12 FAX 6128311869 JOHNSON&CONDON 14017 6ist Proration. Seller and Buyer agree to the following pro-rations and allocation of costs regarding this Agreement: 64 xiTitle Insurance and Closing Fee. Seller will pay all costs of the Title Commitment. Buyer will pay all additional premiums required for the issuance of any owner's or mortgagee's title insurance policy. Seller and Buyer will each pay one-half of any closing fee or charge imposed by any closing agent or by the title company. 64 RSI Deed Tax. Seller shall pay all State Deed Tax payable in connection with this transaction. Buyer shall pay all Mortgage Registry Tax payable in connection with Buyer's financing. 6 :s Real Estate Taxes and Special Assessments. Real Estate Taxes payable in the year in which Closing occurs shall be prorated. Special Assessments levied or pending prior to closing shall be paid by Seller. 6:4 Attorney's Fees. Each of the parties will pay its own attorney's fees, except that a party defaulting under this Agreement or any Closing Document will pay the reasonable attorney's fees and court costs incurred by the nondefaulting party to enforce its rights hereunder. 7 11. Title Examination. Title Examination will be conducted as follows: 74 VA Seller's Title Evidence. Seller shall, within 20 days after the date of this Agreement, furnish to Buyer a commitment ("Title Commitment") for an ALTA Form B 1990 Owner's Policy of Title Insurance insuring title to the Property, deleting standard exceptions, in the amount of the Purchase Price. 74 ktif Buyer's Objections. Within 45 business days after receiving the Title Commitment, Buyer will make written objections ("Objections") to the form and/or contents thereof. Buyer's failure to make Objections within such time period shall not constitute waiver of the Objections. Those matters referred to on Exhibit A attached hereto and any matter shown on the Title Commitment and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have 60 days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed, if necessary. Seller shall use all reasonable efforts to correct any Objections. If the Objections are not cured within such 60-day period, Buyer will have the option to do any of the following: 'n2.1 .`, .Terminate this Agreement and receive a refund 6 10/02/98 FRI 11:13 FAX 6128311869 JOHNSON&CONDON fj018 of the Earnest Money and any interest accrued and unpaid on the Earnest Money, if any; or 7.2.2 tiktWaive the Objections and proceed to close. If Buyer waives any Objections, they will be deemed Permitted Encumbrances hereunder. $ C. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: Welts. The Seller hereby discloses to Buyer that there is no "water well" on the described Property within the meaning of Minn. Stat. § 156A.02. • . 4 Individual Sewage Treatment Systems. Solely for purposes of satisfying the requirements of Minn. Stat. §115.55, Subd. 6, Seller hereby discloses to Buyer that there is no individual sewage treatment system in use on the property. Except as herein expressly stated, Buyer is purchasing the Property based upon its own investigation and inquiry and is not relying on any documentation from or representation of Seller or other person and is agreeing to accept and purchase the Property "as is, where is" subject to the conditions of examination herein set forth and the express provisions herein contained. 9 IV. Casualty; Condemnation. If all or any part of the Property is substantially damaged by fire, casualty, the elements or any other cause, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within 30 days after Seller's notice. If Buyer shall fail to give the notice, then the parties shall proceed to Closing, and Seller shall assign to Buyer all rights to insurance proceeds resulting from such event. If eminent domain proceedings are threatened or commenced against all or any part of the Property or other governmental sale or conveyance of any nature of any portion of or interest in the property shall occur, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within 30 days after Seller's notice. If Buyer shall fail to give the notice, then the parties shall proceed to Closing, and Seller shall assign to Buyer all rights to appear in and receive any award or benefit from such proceedings. 40 Broker's Commission. Neither Seller nor Buyer have retained the services of a Broker and each shall hold the other harmless from all fees or commissions that may be asserted by Broker in connection with this sale. 14 g. Assignment. Either party may assign its rights under this Agreement without the prior written consent of the other party, before or after the Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement. 7 10/02/98 FRI 12:23 FAX 6128311869 JOHNSON&CONDON a1002 g. 002 . Survival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. �34. Notices. Any notice required or permitted hereunder shall be given by personal delivery upon an authorized representative of a party hereto; or if mailed by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1351 (612) 445-3650 If EverGreen to Buyer: NOMMOU. Attention: Greg McClenahan 5212 Hope Street Prior Lake, MN 55372 Phone 612/806-0406 Fax # 612/831-1869 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving notice of such change 10 days prior to the effective date of such change. 14 10. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in a writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 14 . Remedies. If Buyer defaults under this Agreement, for reasons other than those contingencies referenced herein, Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within 15 days of the date of such notice, this Agreement will terminate, and upon such termination Seller will retain the Earnest Money as liquidated damages. If this Agreement is not so terminated, Buyer or Seller may seek actual damages for breach of this Agreement, or specific performance of this Agreement; provided that any action for specific performance must be commenced within six months after this right of action commences. In the event of litigation, each party shall pay its own costs, including attorney fees. 8 10/02/98 FRI 11:14 FAX 6128311869 JOHNSON&CONDON Q020 16 I. Counterparts. This Agreement may be executed in counterparts, each when taken together shall constitute one original document. Receipt of facsimile signatures of this document shall be deemed full acceptance and execution hereof and each such facsimile signature shall be followed by an original signature page, delivered to the other party within 24 hours of the facsimile transmission. Seller and Buyer have executed this Agreement as of the date first written above. SELLER: .pSG\�R� ����yy�� CITY OF SHAKOPEE Y itt2,'mg. q��L:,S\4\E: e}{+1.,+,� ''o.,.ix.)31!:•:..c:-A+.P. +Y�"�'f..'� ��� L•r.}4,. Jl BLy�y';: �,+, �: :•4)fi,3-g -l' ',.,•`'{:}ht'j::;f. ,\M1y`:A* W a��.C' .ki r •.S'\ `�tg 'kJd.n•}:Chi 4 �(+'J}'�'.v ..;tJ•.1 ..............�1.: Its: :. BUYER: EVERGREEN REAL ESTATE DEVELOPMENT CORP., Gen. Ptr. By: Its: GAM-170908.1 9 10/02/98 FRI 11:14 FAX 6128311869 JOHNSON&CONDON (1021 EXHIBIT A Permitted Encumbrances 1. Building and zoning laws, ordinances, state and federal regulations. 2. Reservation of any mineral rights by the State of Minnesota. 3. Utility and drainage easements which do not interfere with proposed improvements. CITY OF SHAKOPEE AS": Y, Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Thrift Store Parcel DATE: September 21, 1998 INTRODUCTION: The Council is asked to discuss whether it wishes to sell the parcel upon which the Community Action Agency's Thrift Store currently sits, southeast of the intersection of County Roads 16 and 83. BACKGROUND: In 1972, the City acquired from Eagle Creek Township the former town hall. The city has owned and maintained the property ever since. Most recently,the town hall building has been used by the Community Action Agency for its Thrift store. Plans are underway to move that business to the proposed Workforce Development Center, which will be located further north on County Road 83, across from the K-Mart Distribution facility. As such, the C.A.P. Agency will be vacating the property, sometime in 1999 or the year thereafter. The City has been approached by Jon Albinson,Project Director for Valley Green Business Park, asking if there is interest in the part of the City to sell the 63/100 of an acre to Valley Green. This would facilitate their development of the adjacent parcel as part of the West Deans Lake corporate park. What Mr. Albinson proposes is that the City hire an appraiser to determine a value; he would also hire an appraiser, and the resulting figures would form the basis of an negotiated sale. This is similar to what was used to determine the value of the SPUC substation. OPTIONS: 1. If the City wants to sell, Council directs staff to hire an appraiser to determine a value of the property as described above. 2. List the parcel through a Realtor on the open market. 3. Not sell the parcel. EAGLE.DOC RECOMMENDATION: We recommend option#1. Option 2 conceivably could garner a higher sales price, but that would have to be reduced by listing fees. In addition, it could eliminate the coordinated development with the adjacent property. Regarding Option 3, City departments have been contacted regarding retaining the property for public purpose, (it was not large enough for a SPUC substation). However,no City use is workable on a parcel that size. ACTION REQUIRED: If the Council concurs, it should, by motion, direct staff to hire an appraiser to determine a value for the Eagle Creek Thrift Store property, negotiate a potential selling price with Valley Green Business Park, and bring this back to Council for future action. Mark McNeill City Administrator MM:tw EAGLE.DOC Vailcy August 10, 1998 BUSINESS PARK Mr. Mark McNeill City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Re: C.A.P. Thrift Store Parcel Dear Mark: Dave Unmacht recently informed me that the County"blessed"the proposed Workforce Development Center on County Road 83 across from the K-Mart Distribution facility,a portion of which has been defined as the future home for the C.A.P. Thrift Store. With this action having been taken by the County, it seems appropriate for Valley Green and the City of Shakopee to dialogue more seriously on Valley Green's interest in purchasing the Thrift Store parcel. You and I previously discussed the importance of this parcel in the long-term development objectives defined by Valley Green for Valley Green Corporate Center. In envisioning a transaction with the City, I would suggest that you review the Option/Purchase Agreement we recently entered into with Shakopee Public Utilities as a good format for us to discuss in this transaction. We understand that the C.A.P. Agency may not be relocating the Thrift Store until some time in 1999 and would,therefore, assume that Valley Green will step into the"Lessor" shoes that the City currently wears with the C.A.P. Agency until they relocate. Any information you can provide me relative to the lease arrangement the City has with the C.A.P. Agency on this site will be appreciated. Please let me now how you want to proceed on this. It could be a dialogue between ns at the staff level or we could possibly bring it to the Council for their feedback and discussion. I look forward to talking with you on this. All the best. Res•- : lly, GREEN BUSINESS PARK / .on R. Albinson Project Director JRA:jmc Enclosure cc: Brian Brennan(w/o encl.) 5240 Valley Industrial Boulevard South•Shakopee,MN 55379•Telephone:(612)445-9286•Fax:(612)904-6875•E-Mail:jalbinson 4ValleyGreen.corn bison To:Mark McNeilIL Date:8/13/1998 Time:2:20:24 PM Page 2 of 2 !. ...3 /' . . / o �� // // w / / • ..1/`CO NTY / / / / —N 00'25'47" W- — — — - - - - .N 00'25'47 ' � _ 0 528.00 255.54 N 0 o o NICA_ C�+rl1\3 o_ / o 0 m ` ighway Ease ent C,,,,p� // +/ / oc. No. 30370 ETN. © GVH / 1,� / •-•• •; CEPTIONri / °° / / / - o 164.99 / o �Cvos.‘. 0025'50" W 5-.2<:/ / y , / 1 ��� / J �� v wN ti / 4/4 f / a ,, .� / w � / �°o , , „._ D / / �0 eD / // Q„) o / , o / // 0 • ,,� �0/ Ae - >V //• // N1 S // / J / / / i // From:Jon R.Albinson To:Mark McNeill Date:8/13/1998 Time:2:20:24 PM Page 1 of 2 5240 Valley Industrial Blvd.So.,Shakopee,MN 55379 Valley Green Business Park Phone:(612)445-9286 Fax:(612)904-6875 e-mail:JAlbinson[@ValleyGreen.com http://www.valleygreen.com FAX COVER PAGE Subject : Thrift Store Site Comments: I have excluded the County R/V1lay from my calculations. Should be close. To: Mark McNeill From : Jon R. Albinson Company: CITY OF SHAKOPEE Company : Valley Green Business Park Fax Number: 4456718 Fax Number : 1-612-904-6875 Date : 8/13/1998 Time : 2:20:10 PM Pages including cover page: 2 WinFax PRO Cover Page e. • From:Jon R.Albinson To:Mark McNeill Date:8/13/1998 Time:2:20:24 PM Page 2 of 2 y111 ,/ • / / w / t'4,..7I'CO NTY /\„ ..- ' / / - - -N 00'25'47" w- - - - - — — — �„N 00'25'47/' / — 8 528.001.77-4", 255.54 . N 0 -- � U' 00 t • , O i — 0 �-A — ' ca . - i — - - . lo 50 ighwoy Easement :it,' / (/ / oc. No. 30370V. © • / c4• / 0 ") / Aoj'.OQ / CEPTION m ,' 4.. s' 00'25 50" W SO / / ° 'a rn � ek- \vc. sp/ Z c v e; ` a g /' �/ �J`aO a o / i :/i) to �/ // .d c-) Sj /t) \x, 0 o //Q (,? D / , �� J. . /' ' �° 5 // o/ 1///e ��-4a �� . � ti '� F �o ..S.2.<*\ / /' 7 / ' /' // / / / / ' / CITY OF SHAKOPEE Memorandum I� G,1/4.) / TO: Mayor and City Council FROM: Mark McNeill, City Administrator CONSENT SUBJECT: Minnesota Police Recruitment System Lawsuit DATE: September 22, 1998 INTRODUCTION: The Council is asked to approve a settlement of the City's portion of a lawsuit involving the former Minnesota Police Recruitment System(MPRS). BACKGROUND: Until about five years ago, the City was a participant in the Minnesota Police Recruitment System(MPRS),which did joint entry-level testing of police candidates. While the City ceased using MPRS several years ago, it was still named in a lawsuit by two unsuccessful police candidates, who alleged discrimination in the testing process. There are reporting requirements with which the City must comply for future testing. Aside from that, from a financial standpoint,the defendant cities must pay an aggregate $15,000 in attorney fees, in addition to damages, costs and fees previously awarded by the Court if attorneys from both sides are successful in negotiating a complete dismissal of the cases. This could potentially eliminate the reporting requirements on future testing. The attorney for the MPRS appellants is recommending that Shakopee approve,by resolution, the settlement, contingent upon final dismissal of the case. Shakopee's share would be $262.50. RECOMMENDATION: I recommend that the Council authorize payment, and approval of the settlement, with the contingencies outlined in the attached resolution. ACTION REQUIRED: If the Council concurs, it should, by motion, approve the following resolution: A RESOLUTION APPROVING SETTLEMENT AND AUTHORIZING PAYMENT THEREOF, IN THE CASE OF STARKS AND FIELDS,v. MPRS, et al. 1 &L Mark McNeill City Administrator MPRS.DOC RESOLUTION NO. 4993 A RESOLUTION APPROVING SETTLEMENT AND AUTHORIZING PAYMENT THEREOF, IN THE CASE OF STARK AND FIELDS,v. MPRS, et al. WHEREAS, the City of Shakopee (hereinafter referred to as the"City") is a defendant in the cases of Starks v. Minneapolis Police Recruitment System,et alL; Hennepin County District Court File No. EM93-219, and Fields v. Minnesota Police Recruitment System,gI al.; District Court File No. EM93-218; and WHEREAS,the Court has concluded in said actions that the defendants violated Minnesota Statues, Chapter 363, the Minnesota Human Rights Act, in the administration of the Minnesota Police Recruitment System(MPRS)testing process for entry level police officers employment screening and that defendants are obligated to pay certain damages and penalties; and WHEREAS,the City has previously approved a formula for the allocation of costs and damages among the defendants; WHEREAS, the order of the Court also requires ongoing reporting to the Court of information about all written tests used by the City for police officer selection until January 1, 2004; and WHEREAS,the Council has been presented with a proposal for settlement of these cases under which the defendant cities would collectively pay the sum of Fifteen Thousand Dollars ($15,000) in addition to damages, costs and fees previously awarded by the Court if counsel for plaintiffs and defendant are successful in securing a complete dismissal of the cases; and WHEREAS, the Council has determined that it is in the public interest to settle the cases to avoid the administrative burden, commitment of staff resources, attorney's fees and costs associated with ongoing reporting to the Court; and WHEREAS, the MPRS has proposed that payment of the settlement be allocated among the defendant cities in accordance with Attachment One to this Resolution, which allocation is the same as that used for costs and damages previously awarded by the Court, and which allocation the Council finds to be fair and reasonable. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, that settlement of the cases for the total payment of Fifteen Thousand Dollars ($15,000)plus damages, costs and fees previously awarded by the Court is approved, contingent upon first securing from the Court a total dismissal of the case with prejudice; further, The City consents and agrees to payment of its share of such settlement in accordance with the allocation set forth in Attachment One; further, MPRS.DOC The City Administrator and Finance Director are authorized and directed to make payment for the City's share of such settlement upon notification from legal counsel that final settlement has been reached and dismissal has been secured. BE IT FURTHER RESOLVED THAT this resolution does not amend any previous agreement among the defendant cities for allocation of damages, costs, disbursements,plaintiffs' attorneys fees, defense costs and defendants' attorney fees. Adopted by the City Council of the City of Shakopee, this 6th day of October, 1998. Mayor of the City of Shakopee ATTEST: City Clerk MPRS.DOC CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Completion of Probationary Status - Greg Sticha DATE: October 1, 1998 Introduction & Background Greg Sticha was hired as an Accountant III on 4/6/98 . The probationary period ends on 10/6/98 unless extended. Mr. Sticha has performed very well and the termination of his probationary status is recommended. When Mr. Sticha was hired at step one of the pay plan, there was no provision in the hiring documents for a six month pay step increase. There are two reasons I am raising the issue of a six month step increase for Council consideration. First, Mr. Sticha is performing beyond expectations and is already beginning to function more as an Assistant Finance Director compared to an Accountant III . Second, I have become increasingly aware of the competition in the job market and lack of qualified applicants. A current opening in a neighboring city shows that, for very comparable job duties, starting pay is about $4, 000 higher than what the Accountant III is being paid. If a step increase is granted, Finance would absorb it within the existing budget (s) . Due to the workload and duties being performed, I intend to request an upgrade to this position for the 2000 budget . Alternatives 1. Terminate Mr. Sticha' s probationary status. 2 . Extend probationary status or terminate employment. A. Grant a six month step increase. B. Do not grant a six month step increase. Recommendation Alternative 1. and A. A step increase at six months that is not specified in the hiring documents is not the usual course of action for the City. For the reasons cited above, Council is asked to consider a step increase. Action Move to terminate the probationary status of Mr. Sticha (and if Council consents, movement to step two of the pay plan) . Greg• Voxland Fina ce Director C:\gregg\memo\Sticha / E. 7. CITY OF SHAKOPEE CONSENT Memorandum ..,� TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Off Sale Beer and Tobacco Licenses - Cub Foods DATE: September 30, 1998 INTRODUCTION: City Council is asked to consider the applications from Cub Foods for an off-sale 3.2 percent malt liquor license and a cigarette license. BACKGROUND: Application has been made by Shakopee 1997 L.L.C. d/b/a Cub Foods for an off-sale 3.2 percent malt liquor license at 1198 Vierling Drive. The principal owners are Radermacher Foods of Shakopee Inc. owned by Leroy and Marilyn Radermacher and Supervalu Inc. Application has been made for a tobacco license as well. The new Cub Foods store will be located at the Crossroads Center. The applications are in order. The applicant is in compliance with the liquor liability insurance requirement. The customary background investigation was conducted by the police department. The investigation provided nothing in the applicants' background to preclude the licenses from being granted. The building has been inspected by the Building Inspector and is in compliance with the requirements of the city code. RECOMMENDED ACTION: Move to approve the application and grant an off-sale 3.2 percent malt liquor license and a tobacco license to Shakopee 1997 L.L.C. d/b/a Cub Foods, 1198 Vierling Drive East, effective October 16, 1998. 11,tott-A, i:\clerk\jeanette\licenses\cubfoods ic, CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Assignment and Assumption of Developer's Agreement DATE: September 21, 1998 INTRODUCTION: City Council is asked to approve an assignment and assumption of obligations under the Developer's Agreement for a portion of the Valley Green Business Park property within Southbridge 1st Addition; and authorize the release of the Escrow and Payment Agreement from Valley Green Business Park. BACKGROUND: Valley Green Business Park has sold a portion of their property within Southbridge 1st Addition to Centex Homes. As part of that conveyance, Valley Green Business Park has assigned to Centex Homes and Centex Homes has assumed from Valley Green Business Park the performances governed by the Developer's Agreement. In conformance with the requirement in the Developer's Agreement, Centex has provided the City with a performance and payment bond to insure construction of the streets. The City is asked to sign a "Consent and Release" thereby consenting to the assignment by Valley Green Business Park to Centex Homes of the obligations under the Developer's Agreement and releasing Valley Green Business Park from their obligations under the Developer's Agreement. Authorization for the City Clerk to sign the "Consent and Release" will release Valley Green from its obligations under the Developer's Agreement. With the receipt of the performance and payment bond from Centex, the financial security of the Escrow and Payment Agreement from Valley Green in the amount of $346, 650 could be released. The attached forms: "Assignment and Assumption of Developer's Agreement, " "Consent and Release", and "Performance and Payment Bond" have been reviewed and approved by the City Attorney. ALTERNATIVES: 1. Approve execution of the "Consent and Release" 2. Do not approve execution of the "Consent and Release" 3 . Table for additional information RECOMMENDED ACTION: Staff recommends alternative number 1, approve execution of the "Consent and Release" . This is considered a housekeeping matter. ACTION REQUESTED: 1. Approve the "Assignment and Assumption of Developer's Agreement" between Valley Green Business Park and Centex Homes for certain property in Southbridge 1st Addition and authorize the execution of the "Consent and Release". 2. Authorize the City Clerk to release the Escrow and Payment Agreement from Valley Green Business Park for certain property owned by Valley Green Business Park in Southbridge 1st Addition. j46- h:\judy\assignsb L . ASSIGNMENT AND ASSUMPTION OF DEVELOPER'S AGREEMENT THIS AGREEMENT is made as of August a , 1998, by and between Valley Green Business Park Limited Partnership, a Minnesota limited partnership ("Seller"), and Centex Homes, a Nevada general partnership ("Buyer"). RECITALS A. The City of Shakopee, Minnesota (the "City") has, by Resolution No. 4885 adopted on April 21, 1998, given final approval to the Subdivision referred to as Southbridge First Addition, in Scott County, Minnesota. City and Seller have entered into a Developer's Agreement, dated July 21, 1998, regarding the part of the Subdivision legally described as Lots 1 through 21, inclusive, Block 5, Lots 1 through 12, Block 6, and Outlots F, G and H, Southbridge First Addition(the "Property"), a copy of which is on file and of record in the office of the Scott County Registrar of Titles as Document No. 96798. Pursuant to the Developer's Agreement, Seller agreed to construct and install the improvements designated therein as "Plan A Improvements". B. Seller has conveyed to Buyer the part of the Property legally described as Lots 1 through 21, inclusive, Block 5, Lots 1 through 12, Block 6, and Outlot H, Southbridge First Addition. Seller and Buyer desire that the obligations of Seller under the Developer's Agreement be assigned to and assumed by Buyer, that Buyer provide to the City a bond satisfactory to the City (the "Bond") to replace the security provided by Seller to the City under the Developer's Agreement (the "Seller Security"), and that the City release the Seller from the Developer's Agreement and release the Seller Security. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, and for other good and valuable consideration, receipt of which is acknowledged by the parties, it is hereby agreed as follows: M:\4271\970428\Assignment of Developer's Agreement 1. Assignment and Assumption of Developer's Agreement. Seller hereby assigns to Buyer and Buyer hereby assumes and agrees to perform the Developer's Agreement, according to its terms. 2. Release of Seller and Seller Security. Buyer hereby agrees to post the Bond with the City and to obtain the release of Seller from the Developer's Agreement and the release of the Seller Security from the City. 3. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first written above. CENTEX HOMES, a Nevada general partnership By: Centex Real Estate Corporation, A Nevada corporation Its: Managing General Partner By: Scott Y. Ric ter Its: Minnesota Division President STATE OF MINNESOTA COUNTY OF fiennepin The foregoing instrument was acknowledged before me this at/ day of August, 1998,by Scott J. Richter, Minnesota Division President of Centex Real Estate Corporation, a Nevada corporation, the Managing General Partner of Centex Homes, a Nevada general partnership, on behalf of the partnership. ,e14,4,,.. MARY JANE WEBER g Notary Public-Minnesota Hennepin County Signattoi per on taking acknowledgement M Commission Expires /2000 M:\4271\970428\Assignment of Developer's Agreement VALLEY GREEN BUSINESS PARK LIMITED PARTNERSHIP By VALLEY GREEN BUSINESS PARK, INC., a Minnesota Corporation,its General Partner onald M. Clark, Its President STATE OF CONNECTICUT COUNTY OF FAIRFIELD The foregoing instrument was acknowledged before me this 12- day of August,, 1998,by Ronald M. Clark,the President of Valley Green Business Park,Inc., a Minnesota corporation, as general partner of Valley Green Business Park Limited Partnership, a Minnesota limited partnership, on behalf of the corporation and partnership. J Signature of person aking acknowledgement This instrument drafted by: 111ACEV G scoot+ Notarif Best&Flanagan LLP (RAP) cit 4000 U.S. Bank Place My Com on Expires Jon 31.2002 601 Second Avenue South Minneapolis,MN 55402-4331 M:\4271\970428\Assignment of Developer's Agreement CONSENT AND RELEASE This Consent and Release is given by the City of Shakopee (the "City") effective as of , 1998 (the"Effective Date"). In consideration of the Assignment and Assumption of Developer's Agreement (the "Agreement") between Valley Green Business Park Limited Partnership, a Minnesota limited partnership ("Seller"), Centex Homes, a Nevada general partnership ("Buyer") to which this Consent and Release is attached, and in consideration of the Bond referred to in the Agreement, the receipt and sufficiency of which is hereby acknowledged by the City; the City hereby consents to the assignment by Seller to Buyer and the assumption by Buyer of the obligations of Seller under the Developer's Agreement between Seller and the City dated July 21, 1998, a copy of which is on file and of record in the office of the Scott County Registrar of Titles as Document No. 96798; and the City hereby releases Seller from its obligations under the Developer's Agreement and accepts Buyer as the Developer under the Developer's Agreement. IN WITNESS WHEREOF, the City has caused this Consent and Release to be executed as of the Effective Date. CITY OF SHAKOPEE By: Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of August, 1998, by Judith S. Cox, the City Clerk of the City of Shakopee, a Minnesota municipal corporation, on behalf of the corporation. Notary Public M:\4271\970428\Assignment of Developer's Agreement MEMORANDUM CONSENT1 MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: Apportionment of Assessments for Eagle Ridge First Addition DATE: September 25, 1998 INTRODUCTION: The City Council is asked to adopt Resolution No. 4994, apportioning special assessments against the newly created lots in Eagle Ridge First Addition. BACKGROUND: There are existing special assessments against property that has been platted into the new subdivision known as Eagle Ridge First Addition. This subdivision is located east and west of both Roundhouse Street and Sarazin Street and north of Eagle Creek Boulevard. Mr. Delacey, Engineering Tech, has apportioned the existing special assessments against the new parcels in the Eagle Ridge First Addition as shown in attachment A to Resolution No. 4994. There was no Developer's Agreement for this subdivision since both Roundhouse Street and Sarazin Street were already constructed. The Developer has been provided a copy of this proposed apportionment. RECOMMENDED ACTION: Offer Resolution No. 4994, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of Eagle Ridge First Addition, and move its adoption. • ',at , RESOLUTION NO. 4994 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF EAGLE RIDGE FIRST ADDITION WHEREAS, on November 5, 1997, Resolution No. 4776 adopted by the City Council levied assessments against properties benefited by construction of Sarazin Street between 4th Avenue and CR-16, Roundhouse Street between 4th Avenue and CR-16, and 4th Avenue between Shawnee Trail and Sarazin Street, Project No. 1994-10; and WHEREAS, on November 19, 1996, Resolution No. 4568 adopted by the City Council levied assessments against properties benefited by the County Road 16 Curb and Gutter from CR-17 to approximately 1,000 feet east of CR-83 Project No. 1995-3, and WHEREAS, property benefited by these improvements has been subdivided into the plat of Eagle Ridge First Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against Parcel 27-906029-0 because of the platting of Eagle Ridge First Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the 1998 payable remaining balance of assessments to parcel 27-906029-0 for the 1994-10 Public Improvement Project and the 1995-3 Public Improvement Project are hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof. 2. That all other parts of Resolution Numbers 4776 and 4568 shall continue in effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1998. Mayor ATTEST: City Clerk EXHIBIT A Assessment Reapportionment for Eagle Ridge First Addition P.I.D.NO. OWNER LEGAL 1994-10 1995-3 DESCRIPTION ASSESSMENT ASSESSMENT 27-256001-0 The Stuart Corporatation LOT 1 BLOCK 1 $207,434.90 $2,626.78 1050 80th Street West EAGLE RIDGE Bloomington,Mn. 55420 FIRST ADDIITION 27-256002-0 The Stuart Corporatation LOT 1 BLOCK 2 $142,386.87 $1,803.06 1050 80th Street West EAGLE RIDGE Bloomington,Mn. 55420 FIRST ADDIITION 27-256003-0 The Stuart Corporatation OUTLOT A $66,932.05 $847.57 1050 80th Street West EAGLE RIDGE Bloomington,Mn. 55420 FIRST ADDIITION • Total= $416,753.81 $5,277.41 r- I 1 I i'1 1'1 I'. -1 a4 •7 q 14! G—. 1 iia € s• •3 e 0.1 IL'+i a$ tii Pa Eat 2.11: s i .p �.�� ifISi ' '' ` y la m C)y .am A-ounor s r \S� / '��'' �.... ,___.� pFYI. � 1 `.Z7 '� It``1 1ii 1 Vo ki \tell 0 /V ' / o ¢ S �` l p n1 0 `; n- -•�y,,��q 1s ' .SIT ill— C) I: SUP 4 t i !_@ 8 t5 it/ 1,ur9 i ;R5'' w m .y iiYd1 la m i in /pj P/:j. fi' S v -i j 1 // . , , cu D �� O5 - !a ' Tldyr ,,, 1, �. z .�40 j il "qtr ;. Si :7 -- __' 44 -- ;I:-5•f Imo __ I wsw -_. +' • macrery-�--� - jp / 00,, II 9 ' C, M , / = 1 1 §1 a' t, 9 a : I 11 i I g , C i ...... — ). N ,ill' . O s 1 L J /S E, l �, CITY OF SHAKOPEE Memorandum COA,[^^,NT NT A TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Reduction of Letter of Credit Prairie Bend 1st Addition DATE: October 2, 1998 INTRODUCTION: City Council is asked to authorize the reduction of the letter of credit security from John Klingelhutz for the special assessments in the Prairie Bend 1st Addition. BACKGROUND: During the platting of Prairie Bend 1st Addition, the City was asked to install improvements to Roundhouse Street and assess them to benefiting properties. As security to insure payment of the special assessments, the developer selected option three in the developer's agreement and provided the City with a letter of credit in the amount of 25 percent of the estimate for the improvements. The improvements have been completed and assessed. The assessments that the developer is responsible for have been paid except for $5, 100 and he is asking that the letter of credit be reduced to that amount. ALTERNATIVES: 1. Reduce the letter of credit 2. Do not reduce the letter of credit 3. Table request for additional information RECOMMENDATION: Staff recommends alternative one, reduce the letter of credit. RECOMMENDED ACTION: Authorize the reduction of the letter of credit from John Klingelhutz for public improvements to Roundhouse Street in Prairie Bend 1st Addition to $5,100 and the release of the balance upon payment of the remaining outstanding special assessments. vola6,/)-- 7 CITY OF SHAKOPEE /S" /). Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Workshop Meetings DATE: October 2, 1998 INTRODUCTION: The Council is asked to establish workshop meeting dates to discuss a variety of issues which are otherwise likely too lengthy to be discussed at a regular Council meeting. BACKGROUND: I'm aware of the following issues which need to be discussed,preferably in a workshop setting: 1. Presentation by Dakota County and BRW Engineering firm regarding the draft CSAH 42 Corridor Study (30-45 minutes needed). Their available dates are Oct 15, 26, or 27th; or November 9, 12, or 16th. 2. Employee Pay Plan modifications. It is important to get this discussion scheduled as soon as possible. 3. Downtown Signage Study/City Signage Study. The Downtown business owners are scheduling a merchants meeting on Thursday, October 8th; I believe that the Council will want to hear this in a workshop setting,perhaps late in the day, so that merchants not in agreement with what is being recommended by the sponsoring group might have an opportunity to attend and express their opinions. In order,I'd recommend the following dates: Monday, October 12th, 4:30 PM- Downtown Signage Study; Employee Pay Plan Monday, October 26th, 4:30 PM - CSAH 42 Corridor Study; Citywide Signage Study. Note that the October 12th meeting does create two Council meetings on successive days; if the Council does not wish to do that, an alternative might be Thursday, October 22nd. However, the Chamber of Commerce has a fund raiser dinner that night, and for those who would attend,the workshop meeting would need to be done before 6:00 PM. Attached is a calendar for October and November. WORK.DOC RECOMMENDATION: zt� We recommend that the Council establish workshop dates on Monday, Octobers, and Monday, October 26th. ACTION REQUIRED: ►?d If the Council concurs, it should,by motion, establish workshop dates for Monday, October P& at 4:30 PM, and Monday, October 26th, at 4:30 PM, or at such other time and date as Council may desire. icotuau. /- .Marx McNeill City Administrator MM:tw WORK..DOC October 1998 Upcoming Meetings Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 eptem.-r "ovem•-r SMTWTFS SMTWTFS 1 2 3 4 5 1 2 3 4 5 6 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 29 30 4 5 6 7 8 9 10 4:30 PM SPUC 7:00 PM City 6:30 PM Cable 7:00 PM Planning Council Access Commission Corporation 11 12 13 14 15 16 17 7:00 PM Park& 6:00 PM City 6)c -Ir Rec Task Force Council w/ ad � , Jackson Township (5'7124 18 19 20 21 22 23 24 7:00 PM City Council 25 26 27 28 29 30 31 7:00 PM Park and Recreation- Community Center Printed by Calendar Creator Plus on 10/2/98 November 1998 Upcoming Meetings Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 4:30 PM SPUC Election Day 7:00 PM City 7:00 PM Planning Council Commission 8 9 10 11 12 13 14 7:00 PM Park& City Hall Closed Rec Task Force 15 16 ' 17 18 19 20 21 7:00 PM City Council 22 23 24 25 26 27 28 7:00 PM Park and City Hall Closed City Hall Closed Recreation- Community Center 29 30 •cto.-r I ecem.er SMTWTF S SMTWTF S 1 2 3 1 2 3 4 5 4 5 6 7 8 9 10 6 7 8 9 10 11 12 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 31 27 28 29 30 31 Printed by Calendar Creator Plus on 10/2/98 CITY OF SHAKOPEE 46.0 Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: MnDOT Property/Public Park DATE: October 2, 1998 INTRODUCTION: The Council is asked to indicate whether it wishes to negotiate the purchase of a portion of the 51 acre MnDOT property located in the Southbridge subdivision for public park purposes. BACKGROUND: A 51 acre parcel of land located south of U.S. 169, and surrounded by the Southbridge development,remains as a result of the bypass right-of-way purchase. This has been discussed with Council previously; MnDOT would like a decision from the City as to whether it wishes to purchase this property. There is a 9 acre portion of this 51 acres along the southern part of the property which consists of road right-of-way, and is under a power line. As such, it is undevelopable. Staff is proposing that the cost of that 9 acre, and the pending utility assessments against that be spread to the remaining approximately 550 acres throughout Southbridge. That will add approximately $500 per acre, project wide. That leaves approximately 42 acres of the MnDOT parcel. The developer of Shakopee Crossings has been in contact with ISD 720 regarding a school site in the Southbridge area. The discussion to date has been that the amount of land needed for an elementary school will be 15 to 20 acres. The intent would be to have the City acquire the MnDOT site, and facilitate a land swap for the needed school parcel at another location in the Southbridge development, in exchange for what is likely to be a multiple family site development by Shakopee Crossings. However, we have recently been informed that, if it would be easier for the City,the School District may just make a direct purchase of land from Shakopee Crossings at another location. Assuming that the School District makes a land swap, that will leave between 22-27 acres available for other uses. At its workshop meeting of September 30th,the Council heard a presentation outlining the need for a community park of approximately 25 acres in the east end of Shakopee. This site might be considered. MNDOT.DOC BUDGET IMPACT: With assessments,ball park figures of a community park would in the $500,000 - $650,000 range. (Its possible that MnDOT might be agreeable to a somewhat smaller amount per acre, if the City agrees to use it as only park property.) Regarding funding sources, there are these alternatives: 1. Provide interim funding from the CIF fund, and add this land acquisition to be considered as a park referendum issue. 2. Take from CIF fund now, or from CIF fund if referendum fails. 3. Building fund(not recommended). Concerns were previously expressed that a cash equivalent from the Southbridge development would have provided money to purchase this. At the workshop meeting, developer Jon Albinson responded that they provided what had been outlined in the comprehensive plan, and the proposed had been reviewed extensively, and recommended by the Park Board. This is a community park, and as such, will have a benefit, and a need for funding sources from an area larger then the immediate adjacent property. Overall, as reviewed at the workshop meeting,ultimately, an additional 310 acres of parks will need to be acquired to provide for future park needs, which,when combined with development costs, could mean $24 million in 1998 dollars. It should also be noted that if the Council does not wish to purchase the MnDOT property, MnDOT has had an interest in the property from another developer. It is also possible that if the City doesn't want all of the property for a park, it could be purchased, and portions of it might be resold for a church. daycare, or other neighbor service type of site. RECOMMENDATION: As expensive as it seems,this amount per acre is still below what adjacent properties are selling for per acre. If the City does not acquire this property, it will likely need to spend that much or more to acquire a parcel of that size in the eastern end of Shakopee for a community park. I recommend that, assuming an agreement can be made for a land swap between the School District and Shakopee Crossings, that the entire parcel be acquired from MnDOT, with the 22 - 27 acres needed for park property to be financed on an interim basis from the CIF fund. Further, the Park Study Task Force should make a recommendation as to whether that should be considered for reimbursement as part of a referendum question. MNDOT.DOC ACTION REQUIRED: If the Council concurs, it should,by motion, direct staff to negotiate further with MnDOT for the acquisition of the 51 acres,with distribution to be earmarked as road right-of-way, land swap, and public park. lam- ruvkaCtP Mark McNeill City Administrator MM:tw MNDOT.DOC / rQ , • j G,g,'. y ,---.4-'0I,;,--$A---1, w.z P '."R.y .aim-y' —'" I / I t dr; r >"! h s, ,,----L-„,„,4 '..'7 t 'k1 'i . �/ k Iq k�� t�. 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A portion of this property would be proposed to be used for public park. Since that meeting,Mark McQuillan and I have met with Steve Soltau of Shakopee Crossings. This was following a meeting that he had had with Superintendent Bob Ostlund, regarding a school site in Southbridge, for which a land trade might be made. Following the meeting Monday, I contacted Superintendent Ostlund for more information. I found that Mr. Ostlund is out of town until Wednesday, and so have not had an opportunity to get the information that is needed from him regarding the school's intent. Therefore, as this does not appear to be an issue which is in need of immediate resolution, I am suggesting that this discussion be deferred until after I have had an opportunity to meet with the School Superintendent. qJLQ fLu Mark McNeill City Administrator MM:tw MNDOT2.DOC H CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Selection of Auditor DATE: October 6, 1998 Introduction The City received notice this afternoon that, because of staffing issues, Deloitte and Touche cannot commit to performing the 1998 audit. Background The City has had Deloitte and Touche as auditors for several years. Because of staffing issues at Deloitte and Touche, the City needs to select a new auditing firm for the 1998 audit. We are one to three months behind the best timing for selection of another auditor. Council direction is requested on how to proceed with the selection process. Last time a committee of two council members and two staff went through the RFP process to make a recommendation to Council. Alternatives 1. Request the State Auditor to perform the audit. This is not -recommended due to the cost (additional $15, 000 - $20, 000 est. ) and the level of detail that the state audits. Also, the state probably does not have the staff to do the audit. 2 . Simply pick a firm based on recommendations of staff or a staff/council committee. 3 . Do an RFP process with staff or a staff/council committee evaluating the RFP' s and recommending a firm to Council. Recommendation At this time, it appears to me that there are two predominate firms for municipal audits - Deloitte and Touche LLP. and Tauges, Redpath & Co. There two firms following the above of KPMG Peat Marwick and Kern, Dewinter, Vere Ltd. After that there are a few smaller firms/individuals in the Touche recommended that we consider Tauges Redpath. Also, it was recommended that there be a requirement that the new firm have at least three other client cities with the GFOA Certificate of Excellence in Financial Reporting. Action Discuss and give staff direction. Grgg ox and Finance Director C:\gregg\memo\98auditr Deloitte & Touche LLP Telephone: 397-4212 Facsimile: 397-4450 October 5, 1998 Mr. Gregg Voxland Finance Director City of Shakopee 129 South Holmes Street Shakopee,MN. 55379 Dear Gregg: Unfortunately we are still not able to propose on the 1998 audit of the City of Shakopee;I cannot commit to having the audit staff resources necessary to complete your 1998 audit on time. I have enclosed examples from three cities that have recently issued request for proposals(we did not propose on any of these Cities). I would suggest making it a requirement in your request for proposals that your CPA firm has a minimum of three Minnesota city clients which have a GFOA Certificate of Excellence in Financial Reporting. I have enjoyed working with you over the past twenty years. You have run an outstanding finance department committed to quality with very limited resources. Please stay in touch with me on what is going on in your life. Sincerely, Enclosures cc: Mike Warmka DelaittTouche Toho CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill. City Administrator SUBJECT: 1998 Pay Plan Revisions DATE: October 6, 1998 INTRODUCTION: The Council is asked to consider modifications to the existing pay plan, as part of its discussion for the 1999 budget. BACKGROUND: In 1996, the City adopted a new pay plan to address inequities which had developed in the previous plan over time. Specifically,there were pay disparities between members of the same job description, some of whom were in a union, and some outside of a union. There was also concern whether the existing pay plan would not pass the pay equity test, for which Shakopee was due to submit its three year report to the State. The new pay plan was adopted which resolved some of the problems,but generated other concerns. Parts of the plan were challenged to the Minnesota Department of Employee Relations,which, after a review,upheld the City's plan as being internally equitable. One of the major concerns,however, was that while the plan was internally equitable,there were certain position's pay which were not competitive when compared to the external market(i.e., how much comparable positions were being paid in other jurisdictions). At a May 14, 1997 worksession,the City Council discussed this market factor as it related to the current pay plan. It was the consensus of the Councilmembers then to look into the market factor,and,the FY 98 budget included money for studying this issue. Also,as part of the FY 98 budget, several individual positions were requested by certain department heads to be looked at as well,to see if reclassifications for the purpose of compensation adjustments should be made. RESEARCH: Staff met with representatives of Labor Relations Associates(LRA). It was determined that one of the problems with the existing plan was that there is too wide of a gap between established pay grade -there is a 14%difference between the top step of one pay grade to the next one higher or lower. LRA recommends that the pay grades be split, leaving a 7%difference between top steps. This facilitates placing positions in steps, and reduces the disparities between two close,but not PAYPLAN.DOC identical job classifications. This would help to address problems such as having the Engineering Tech III and IV, and Secretaries and Clerk Typists in the same pay grade. The market factor was also examined. While not foolproof,the best source of comparisons for Twin City municipal jobs is the Stanton Survey. Shakopee is in Stanton Group Six, which includes cities of from 10,000 to 25,000 population. LRA recommended that top steps be compared,and that the City Council consider a policy which would make top steps for Shakopee positions somewhere between 95%and 105% of the Stanton Group Six cities. This is a range that Savage has adopted, and appears reasonable. METHODOLOGY: The first thing that was looked at was to compare the 1998 adjusted salary maximum for the City jobs to the Stanton Group Six maximum. That identified those positions which were outside of the 95%to 105% corridor. As expected,the Deputy of Police Chief and Assistant City Engineer were below the 95%. However,we had also found that the Finance Director,Park and Rec Director, and Custodian were below that as well. Note that there were certain positions (EDA Coordinator,Payroll Benefits Coordinator,Planning Technician, and Recreation Supervisor)for which there was not an easy match. Those had to be slotted(fitted into the plan by best estimate). In addition, contract positions such as Police and Public Works were not considered. After the 1998 pay plan was split into grades, adjustments were made which placed those positions salary as of the end of 1998 (some of which included lump sum adjustments),at the next highest step. In some cases,because the position had moved up a range,the step might not be where they had been previously. For example, several employees were at maximum step 8; under the"split range"plan,they might drop down two or more steps. While this would give the employee an increase in addition to any cost of living that the Council would adjust the whole plan effective 1/1/99, it would not be as large of an adjustment. Those who have been underpaid according to the plan will take longer to get to where they should be, according to Stanton. DISCUSSION: There are a number of variations which could take place,all of which will impact the total cost of implementation. For example,in the 1996 plan,the practice(and source of some controversy) was to slot the employee at the next higher step with the new range(such as that described above),rather than keeping them at the same step. The employee might point out that they have been working here for more than a dozen years,but yet would be placed in the new plan at a rate comparable to a six year employee in the same position. However, enacting the same step will significantly increase the cost of implementation. There are also several individual considerations which must be made such as: Job Classifications. The Assistant City Engineer would receive an increase based on market comparison; however,there is also some question as to whether the position should be reclassified to City Engineer. Similarly,the Custodian is not really now doing janitorial work; PAYPLAN.DOC the position should be considered for reclassification to Building Maintenance, which, according to LRA, would significantly increase job points, and therefore, result in an increase in pay range. Finally, there are three Clerk Typist I's who no longer fit that job description based upon their years of experience. We are proposing to reclassify them as"Office Service Workers", which would increase the pay grade. It should be noted that the positions which the pay had been frozen under the old plan(Finance Director, Deputy Police Chief, and Building Inspector)will receive increases based on the new plan. Finally, it should be noted the Building Official is compared to other non-supervisory Building Officials; there are supervisory Building Officials who would qualify for higher grade. This new revised plan does not provide for a difference between exempt and non-exempt employees. The difference between the two is an extra week of vacation annually. BUDGET IMPACT: Assuming a 3%cost of living increase for 1999 (for illustration purposes only;the City Council will make a fmal decision on that later),the cost of implementing the new plan would be approximately $17,320. However, if the Council chooses to enact another option, such as accelerating those who are below 95% (and placing them on a higher step than the above described slotted position,)or beginning implementation in 1998,the cost will go up. Any changes to Police and Public Works other than 3%would be in addition to the above amount. The best estimate for the option of keeping employees being assigned to a new pay range, at their previous step,would be in the $60,000 to $70,000 range for implementation. ACTION REQUIRED: The Council is asked to consider this, and give direction as to what further(other than budgeting) direction is needed at this time. litInkokkOlu Mark McNeill City Administrator MM:tw PAYPLAN.DOC 98 STANTON ACTUAL With Current Pay 1998 1998 1 1998 Salary Stanton Stanton Difference Percentage Position Max Job No Max Exempt Step 8 Group 6 Group 6 City Administrator $ 81,379 174 $ 81,800 $ (421) -0.52% PW Director/City Engineer $ 71,502 12 $ 71,100 $ 402 0.56% Police Chief $ 71,502 58 $ 69,700 $ 1,802 2.52% Community Dev Director $ 62,787 164 $ 64,000 $ (1,213) -1.93% Finance Director $ 62,787 88 $ 68,800 $ (6,013) -9.58% X Deputy Police Chief $ 55,176 57 $ 60,600 $ (5,424) -9.83% X Park&Rec Director $ 55,176 124 $ 62,700 $ (7,524) -13.64% X Asst City Engineer $ 48,437 28 $ 56,500 $ (8,063) -16.65% k Rec Facility Mgr $ 48,437 123 $ 48,200 $ 237 0.49% EDA Coordinator $ 48,437 no match Planner II $ 48,437 161/162 $ 48,400 $ 37 0.08% City Clerk $ 48,437 168 $ 48,156 $ 281 0.58% Non-exempt $ - Building Official $ 45,474 33 Non-supv $ 47,700 $ (2,226) -4.90% PW Supervisor $ 45,474 10 $ 47,600 $ (2,126) -4.68% Accountant III $ 48,437 85 $ 47,200 $ 1,237 2.55% Bldg Inspector $ 42,511 31 $ 45,427 $ (2,916) -6.86% k Eng Tech IV $ 42,511 23 $ 45,115 $ (2,604) -6.13% k Planner I $ 42,511 160 $ 41,100 $ 1,411 3.32% Payroll/Benefits Coord $ 42,511 no match Rec Supervisor II $ 42,511 121 $ 45,800 $ (3,289) -7.74% K Eng Tech III $ 42,511 22 $ 41,142 $ 1,369 3.22% Executive Secretary $ 37,224 98 $ 38,501 $ (1,277) -3.43% Recreation Supervisor I $ 37,224 120 $ 32,300 $ 4,924 13.23% Eng Tech II $ 37,224 21 $ 36,837 $ 387 1.04% Planning Technician $ 32,692 no match Secretary $ 32,692 Sec A*97 $ 33,717 $ (1,025) -3.13% Accounting Clerk $ 32,692 78 $ 31,803 $ 889 2.72% Clerk Typist II $ 32,692 91 $ 29,973 $ 2,719 8.32% Customer Sery Rep $ 28,625 94/91 $ 28,309 $ 316 1.10% Clerk Typist I $ 28,625 90 $ 24,898 $ 3,727 13.02% Custodian $ 21,944 1 $ 29,411 $ (7,467) -34.03% 'c Page 1 98 stanton-2 With Split Grade Pay 1998 1998 I 1998 Adjusted Salary Stanton t Stanton Difference Percentage Position Max Job No Max Exempt Step 8 Group 6 Group 6 City Administrator $ 81,400 175 $ 81,800 $ (400) -0.49% PW Director/City Engineer $ 71,502 12 $ 71,100 $ 402 0.56% Police Chief $ 71,502 58 $ 69,700 $ 1,802 2.52% Community Dev Director $ 67,145 164 $ 64,000 $ 3,145 4.68% Finance Director $ 67,145 88 $ 68,800 $ (1,655) -2.46% Deputy Police Chief $ 58,982 57 $ 60,600 $ (1,618) -2.74% Park& Rec Director $ 58,982 124 $ 62,700 $ (3,718) -6.30% City Engineer $ 58,982 29 $ 66,100 $ (7,118) -12.07% Asst City Engineer $ 51,807 28 $ 56,500 $ (4,693) -9.06% Rec Facility Mgr $ 48,437 123 $ 48,200 $ 237 0.49% EDA Coordinator $ 51,807 no match Planner II $ 48,437 161/162 $ 48,400 $ 37 0.08% City Clerk $ 48,437 168 $ 48,156 $ 281 0.58% Non-exempt $ - Building Official $ 48,437 33 Non-supv $ 47,700 $ 737 1.52% PW Supervisor $ 48,437 10 $ 47,600 $ 837 1.73% Accountant III $ 48,437 85 $ 47,200 $ 1,237 2.55% Bldg Inspector $ 45,474 31 $ 45,427 $ 47 0.10% Eng Tech IV $ 45,474 23 $ 45,115 $ 359 0.79% Planner I $ 42,511 160 $ 41,100 $ 1,411 3.32% PayrolVBenefits Coord $ 42,511 no match Rec Supervisor II $ 45,474 121 $ 45,800 $ (326) -0.72% Eng Tech III $ 42,511 22 $ 41,142 $ 1,369 3.22% Executive Secretary $ 37,224 98 $ 38,501 $ (1,277) -3.43% Recreation Supervisor I ** $ 37,224 120 $ 32,300 $ 4,924 13.23% OR Recreation Supervisor I? $ 34,958 120 $ 32,300 $ 2,658 7.60% Eng Tech II $ 37,224 21 $ 36,837 $ 387 1.04% Planning Technician $ 34,958 no match Secretary $ 34,958 Sec A*97 $ 33,717 $ 1,241 3.55% Accounting Clerk $ 32,692 78 $ 31,803 $ 889 2.72% Clerk Typist Il (Police Clerk) $ 32,692 *91 $ 29,973 $ 2,719 8.32% Office Sery Worker $ 30,659 *91 $ 29,973 $ 686 2.24% Customer Sery Rep $ 28,625 94/91 $ 28,309 $ 316 1.10% Maintenance(Custodian) $ 28,625 1 $ 29,411 $ (786) -2.75% *Office Service Worker is an option to combine all Clerk Typist I &II to more correctly reflect market **Recreation Supervisor I was slotted at time of hire 6/98-4 city market comparison Note: Per LRA market for Recreation positions is difficult to compare Page 1 v OOOtowW o -ox -ImpammmmODm00T =1 n cA cn fA 0 0 co) Co) 0 2.cn co°•co y, v 3 a m 0 . m m m w m y 'f cn N o O-o o u3 = Q, = 3 a o o = K m v -a m oa cn m' O 7epm n 3 3 O < CD -o Z ` j r« co O CA C>t W C)t .) 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(040 0 0 T —.-. � 50 iiiM W A V CO 0) N N W O) 0) 01 CO N W W N CO 0) — 01 A C..) 01 W CO = - 1•) 01 V Oa 03 0) A A 0) 0) G) -L 03 W N GJ V I.) 03 A 01 O N V 0 01 C) 0 4 0 01 -x A C) 03 V V W U1 O O) V N -L V O) A A V O) — 0) N m H 'T CITY OF SHAKOPEE Adjusted 1998 Pay Plan (Split Grades) 1998 Step Step Step Step Step Step Step Title Grade 1 2 3 4 5 6 7 8 City Administrator Q $65,104 $67,429 $69,754 $72,079 $74,404 $76,729 $79,054 $81,379 Unused grade P $61,153 $63,337 $65,521 $67,705 $69,889 $72,073 $74,257 $76,441 Police Chief 0 $57,202 $59,245 $61,288 $63,331 $65,374 $67,416 $69,459 $71,502 PW Dir/Eng. 0 $57,202 $59,245 $61,288 $63,331 $65,374 $67,416 $69,459 $71,502 Corn.Dev.Dir. N $53,716 $55,635 $57,553 $59,471 $61,390 $63,308 $65,226 $67,145 Finance Director N $53,717 $55,635 $57,553 $59,472 $61,390 $63,308 $65,227 $67,145 Unused grade M $50,230 $52,024 $53,818 $55,612 $57,406 $59,199 $60,993 $62,787 City Engineer L $47,186 $48,871 $50,556 $52,242 $53,927 $55,612 $57,297 $58,982 Deputy Chief - L $47,186 $48,871 $50,556 $52,241 $53,926 $55,611 $57,296 $58,982 Park&Rec.Dir. L $47,186 $48,871 $50,556 $52,242 $53,927 $55,612 $57,297 $58,982 Unused grade K $44,141 $45,718 $47,294 $48,870 $50,447 $52,023 $53,600 $55,176 Asst Eng J $41,446 $42,926 $44,406 $45,886 $47,366 $48,846 $50,326 $51,807 EDA Coordinator J $41,446 $42,926 $44,406 $45,886 $47,367 $48,847 $50,327 $51,807 q. Building Official I $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 &) PW Supervisor I $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 iv Project Coordinator I $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 {v Accountant III I $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 6 Planner II I $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 e Facility Mgr I $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 E City Clerk I $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 Bldg Inspector H $36,380 $37,679 $38,978 $40,277 $41,576 $42,876 $44,175 $45,474 Eng Tech IV H $36,380 $37,679 $38,978 $40,277 $41,576 $42,876 $44,175 $45,474 Recreation Super II H $36,380 $37,679 $38,978 $40,277 $41,576 $42,876 $44,175 $45,474 Payroll Benefits Coord G $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 Planner I G $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 Eng Tech III G $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 Unused grade F $31,895 $33,034 $34,173 $35,312 $36,451 $37,590 $38,729 $39,868 Executive Secretary E $29,780 $30,843 $31,907 $32,970 $34,034 $35,097 $36,161 $37,224 Recreation Super I E $29,780 $30,843 $31,907 $32,970 $34,034 $35,097 $36,161 $37,224 Eng Tech II E $29,780 $30,843 $31,907 $32,970 $34,034 $35,097 $36,161 $37,224 Planning Tech D $27,967 $28,965 $29,964 $30,963 $31,962 $32,960 $33,959 $34,958 Secretary D $27,967 $28,965 $29,964 $30,963 $31,962 $32,960 $33,959 $34,958 Accounting Clerk C $26,154 $27,088 $28,022 $28,956 $29,890 $30,824 $31,758 $32,692 Clerk Typist II(Pol) C $26,154 $27,088 $28,022 $28,956 $29,890 $30,824 $31,758 $32,692 Office Service Wkr B $24,528 $25,403 $26,279 $27,155 $28,031 $28,907 $29,783 $30,659 Customer Sery Rep A $22,900 $23,718 $24,536 $25,354 $26,172 $26,989 $27,807 $28,625 Maintenance A $22,9Q0 $23,718 $24,536 $25,354 $26,172 $26,989 $27,807 $28,625 Prepared by MMR 8/27/98